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HomeMy WebLinkAbout12-Development Services .. l . . . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: James Funk, Director Subject: Resolution of authorizing the execution of an agreement with Lilburn Corporation for the preparation of environmental documents for State Street improvements between 5TH Street and 16TH Street. Dept: Development Service V ... , , """ I ,. , a January 23, 2002 ti I \on j I vA L Date: File No. 1.7245 Synopsis of Previous Council Action: MCC Date: February 4, 2002 7/24/00: Resolution adopting 2000/2001 - 2004/2005 Capital Improvement Program 1/22/01: Resolution authorizing the submittal of the State Street Extension Project Application to SANBAG and Committing Local Match Funds for the Surface Transportation Program Funding Cycle. 6/18/01: Resolution authorizing the Mayor or her designee to execute contract number 01-082 with San Bernardino Associated Governments for the State Street Extension Project. 7/9/01 Allocation of $2,487,500 in the 2001102 Capital Improvement Program (CIP) for State Street from 16TH Street to Base Line Street and from High School to 5th Street (Account No. 129- 367-5504-7059, 129-367-5504-7060, 129-367-5504-7238, and 242-362-5504-7245). Recommended Motion: Adopt Resolution. ~~~ Contact person: Mehran Sepehri. Sf. Civil Engineer Phone: 384-5127 Supporting data attached: Staff Report, Resolution Ward: 6 FUNDING REQUIREMENTS: Amount: $68,000 Source: (Acct. Nos.) 242-362-5504-7245 & 129-367-5504-7238 Acct. Description: State Street construction 16th St to Base Line St. and High School to 5th St. Finance: ~~16:/~ / Council Notes: Vc&>>-LZCO;:'<5C, Agenda Item No. J d.w <<.JlJ/4~ . '. .. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Resolution of authorizing the execution of an agreement with Lilbum Corporation for the pr~aration of environmental documents for State Street improvements between 5TH Street and 16 Street. Background: The Public Works Division received authorization at the December 18, 2000 Council meeting to submit the State Street Extension Project Application to SANBAG for inclusion in the FY 1997/98 - 2002/03 Surface Transportation Program (STP) Funds provided through Transportation Equity Act for the 21 st Century (TEA-21). Pursuant to SANBAG policy, all agencies awarded STP funding will be required to enter into a contractual agreement with SANBAG as a condition for receiving any awarded funds. On June 18, 2001, the Council authorized the execution of a contract with SANBAG to utilize $2,005,000 of STP funds for the project. The design and construction of State Street from Base Line Street to High School and the preliminary alignment study and plans have previously been completed for this portion of the project. This request is for authorization to execute an agreement for the completion of environmental studies and documentation required to construct the improvements pursuant to Federal and State aid requirements. In addition, the City and SANBAG staff have been working toward completed drawings for the State Street Storm Drain Facility providing both an outlet for Route 30 storm flow and master plan drainage for this area of the City. Those plans are nearing completion, and therefore the remainder of the final design drawings may now be prepared for the section of State Street north of Baseline, once the environmental work is substantially completed Requests for Proposal (RFP) for Professional environmental services were sent to four (4) local environmental firms. Due to prior commitments of the other consultants, Lilbum Corporation was the only firm that responded to the RFP. Lilbum is a local environmental consultant firm that is familiar with the local environmental condition and the project. Staff has worked with this firm in the past and is confident that they can perform this work satisfactorily. Financial Impact: Funding for services associated with this contract shall not exceed $61,174.00 with a contingency amount of $6,826.00 has been included in the FY 01-02 budget. All costs incurred will be charged to Account Nos. 242-362-5504-7245 and 129-367-5504-7238. Account No. 242-362-5504-7245 will be used for 88.53% reimbursable and 129-367-5504-7238 will be used for 11.47% local portion. Recommendation: Adopt Resolution. '. .. e e 24 25 26 e 27 28 . ~(g~'V , 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 3 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AI\" AGREEME!'iT WITH LILBURN CORPORATION FOR THE PREPARATION OF ENVIRONMENTAL 4 DOCUMENTS FOR STATE STREET IMPROVEMENTS BETWEEN 5TH STREET AND 5 16TH STREET. 6 7 8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Mayor is authorized to execute the Agreement with Lilbum 9 Corporation, for the preparation of environmental documents for State Street improvements 10 11 12 13 between 5th Street and 16th Street. A contract is entered into with said fim1 for the actual costs incurred, not to exceed $61,174.00 with a contingency amount of $6,826.00 but such Agreement shall be effective only upon being fully executed by both parties. The Mayor is hereby authorized and directed to execute said Agreement on behalf of the City; a copy of the 14 Agreement is attached as Exhibit A and incorporated herein by reference as fully as though set 15 16 forth at length. 17 SECTION 2. This Amendment shall not take effect until the Amendment is fully signed 18 and executed by the parties, and no party shall be obligated hereunder until the time of such full 19 20 execution. No oral Contracts, amendments, modifications or waivers are intended or authorized and shall not be implied from any act or course of conduct of any party. 21 SECTION 3. This resolution is rescinded if the parties to the Amendment fail to 22 23 execute it within sixty (60) days of the passage of the resolution. e e e '. 1 RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEME:\T WITH 2 LlLBURN CORPORATION FOR THE PREPARATION OF ENVIRO:\:\IENTAL DOCUMENTS FOR STATE STREET IMPROVEMENTS BETWEEN 5TH STREET A:\D 3 16TH STREET. 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof, 6 7 , 2002, by the following vote, to-wit: day of held on the 8 Council Members: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 AYES NAYS ABSTAIN ABSENT ESTRADA LIEN MC GlNNIS SCHNETZ SUAREZ ANDERSON MC CAMMACK Rachel Clark, City Clerk The foregoing resolution is hereby approved this _day of ,2002. Judith Valles, Mayor City of San Bernardino Approved as to form and legal content: 24 James F. Penman City Attorney 25 26 By: ~A t. Pe/MAM.... 27 1110 28 2 '. e AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is made and entered into this of 2002, by and between the CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred to as the "CITY" and Lilbum Corporation, a California corporation, hereinafter referred to as consultant. WITNESSETH WHEREAS, City desires to obtain professional services to prepare environmental documents for the proposed State Street improvement between 5th Street and 16th Street. WHEREAS, in order to prepare environmental documents, it is necessary to retain the professional services of a qualified consulting firm; and WHEREAS, Consultant is qualified to provide said professional services; and WHEREAS, San Bernardino City Council has elected to engage the services of Consultant upon the temlS and conditions as hereinafter set forth; and NOW, THEREFORE, it is mutually agreed, as follows: I. SCOPE OF SERVICES e Consultant shall perform those services specified in "Scope of Work", and the Hourly Fee Breakdown as contained in the proposal dated January 7, 2002, , a copy of which is attached hereto as Exhibit" I" and all of which are incorporated herein as though set forth in full. 2. TERM OF AGREEMENT Consultant shall commence within fifteen (15) days after the City has authorized work to start by issuance of a Notice to Proceed, services shall be completed 7 months after Notice to Proceed unless amended by the City. 3. STANDARD OF PERFORMANCE Consultant shall complete all work products and documents in conformance with Federal, State, and City environmental requirements. e : e. e e '. CHANGES/EXTRA SERVICES A. Performance of the work specified in the "Scope of Work", is made an obligation of Consultant under this Agreement, subject to any changes made subsequently upon mutual agreement of the parties. All such changes shall be considered as additional tasks and shall be incorporated by written amendments to this Agreement and include any increase or decrease in the amount of compensation due Consultant for the change in scope. Any change, which has not been so incorporated, shall not be binding on either party. B. No extra services shall be rendered by Consultant under this Agreement unless City authorizes such extra services in writing prior to performance of such work. Authorized extra services shall be invoiced based on the authorized additional task amounts. 5. COMPENSATION A. The City shall reimburse the Consultant for actual costs (including labor costs, employee benefits, overhead, profit, other direct and indirect costs) incurred by the Consultant in performance of the work, in an amount not to exceed $61,174.00. Actual costs shall not exceed the estimated wage rates and other costs as set forth in Exhibit "I" attached hereto and incorporated herein as though set forth in full. B. Said compensation shall not be altered unless there is significant alteration in the scope, complexity or character of the work to be performed. City and Consultant shall agree upon any such significant alteration in writing before commencement of performance of such significant alteration by Consultant. Any adjustment of the total cost of services will only be permitted when the Consultant establishes and City has agreed in writing that there has been, or is to be, a significant change in: 1. Scope, complexity, or character of the services to be performed; 2. Conditions under which the work is required to be performed; and 3. Duration of work if the change from the time period specified in the Agreement for Completion ofthe work warrants such adjustment. C. The Consultant is required to comply with all Federal, State and Local laws and ordinances applicable to the work. The Consultant is required to comply with prevailing wage rates in accordance with California Labor Code Section 1770. D. The Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter I, part 31 et seq., shall be used to determine the allowability of individual items of cost. E. The Consultant also agrees to comply with Federal procedures in accordance with 49 CFR, Part 19, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. 2 : e e e F. Any costs for which payment has been made to the Consultant that are detemlined by subsequent audit to be unallowable under 48 CFR, Federal Acquisition Regulations System, Chapter I, Part 31 et seq., or 49 CFR, Part 18, Uniform Administratiyc Requirements for Grants and Cooperative Agreements to State and Local Goyemments. are subject to repayment by Consultant to City. G. Any subcontract in excess of $10,000, entered into as a result of this contract, shall contain all the provisions of this Agreement. 6. PAYMENT BY CITY A. The billings for all services rendered pursuant to this Agreement shall be submitted every four (4) weeks by Consultant to City and shall be paid by City within twenty (20) days after receipt of same, excepting any amounts disputed by City. Dispute over any invoiced amount shall be noticed to the Consultant within ten (10) days of billing and a meet and confer meeting for purposes of resolution of such dispute shall be initiated by the City within (10) days of notice of such dispute. Interest of 1-1/2 percent per month (but not exceeding the maximum rate allowable by law) will be payable on any amounts not in dispute and not paid within thirty (30) days of the billing date, payment thereafter to be applied first to accrued interest and then to the principal unpaid amount. On disputed amounts, interest shall accrue from thirty (30) days of the invoice date if the amount in dispute is resolved in favor of the Consultant. All tasks as specified in Exhibit "I" shall be completed prior to final payment. B. No payment will be made for any work performed prior to approval of this contract by City and Notification to Proceed. 7. SUPERVISION AND ACCEPTANCE OF SERVICES A. The Director of Development Services of City, or his designee, shall have the right of general supervision over all work performed by Consultant and shall be City's agent with respect to obtaining Consultant's compliance hereunder. No payment for any services rendered under this Agreement shall be made without prior approval of the Director of Development Services or his designee. B. The office of Federal Highway Administration may review and inspect the Consultant's activities during the progress of the program. 8. COMPLIANCE WITH CIVIL RIGHTS LAWS Consultant hereby certifies that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status, age, handicap or national origin. Consultant shall comply with all State and Federal Civil Rights Laws in its hiring practices and employee policies. Such action shall include, but not be limited to, the following: recruitment and recruitment advertising, employment, upgrading, and promotion. 3 e e e 9. TERMINATION OF AGREEMENT A. This Agreement may be terminated by either party upon thirty (30) days' written notice in the event of substantial failure of the other party to perform in accordance with the terms of this Agreement. Each party shall have twenty (20) days following the date of such notice within which to correct the substantial failure, giving rise to such notice. In the event of termination of this Agreement, City shall within thirty (30) days pay Testing Consultant for all the fees, charges and services performed to City's satisfaction by Consultant, which finding of satisfaction shall not be unreasonably withheld. Consultant hereby covenants and agrees that upon termination of this Agreement for any reason, Consultant will preserve and make immediately available to the City, or its designated representatives, maps, notes, correspondence, or records related to work paid for by the City and required for its timely completion, and to fully cooperate with City so that the work to be accomplished under this Agreement may continue within forty-five (45) days of termination. Any subsequent use of such incomplete documents, other than their originally intended use, shall be at the sole risk of the City, and the City agrees to hold harmless and indemnify Consultant from any claims, losses, costs, including attorney's fees and liability arising out of such use. Consultant shall be compensated for such services in accordance with Exhibit" I ". B. This Agreement may be terminated for the convenience of the City upon thirty (30) days written notice to Consultant. Upon such notice, Consultant shall provide work product to City, and City shall compensate Consultant in the manner set forth above. C. Following the effective date of termination of this Agreement pursuant to this section, the Agreement shall continue until all obligations arising from such termination are satisfied. 10. CONTINGENCIES In the event that, due to causes beyond the control of and without the fault or negligence of Consultant, Consultant fails to meet any of its obligations under this Agreement, and such failure shall not constitute a default in performance, the City may grant to Consultant such extensions of time and make other arrangements or additions, excepting any increase in payment, as may be reasonable under the circumstances. Increases in payment shall be made only under the "changes" provision of this Agreement. Consultant shall notify City within three (3) days in writing when it becomes aware of any event or circumstances for which it claims or may claim an extension. 11. INDEPENDENT CONTRACTOR Consultant shall act as an independent contractor and shall not be considered an employee of the City in the performance of the services provided for under this Agreement. Consultant shall furnish such services in its own manner. This Agreement is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture, or association between Consultant and the City. 4 e e e '. 12. ASSIGNMENT OR SUBCONTRACTING Consultant shall not assign this Agreement, or any portion thereof without the written consent of City. Any attempt by Consultant to assign or subcontract any performance of this Agreement without the written consent of the City shall be null and void and shall constitute a breach of this Agreement. All subcontracts exceeding $10,000 shall contain all provisions of this contract. 13. NOTICES All official notices relative to this Agreement shall be in writing and addressed to the following representatives of Consultant and City: CONSULTANT CONTRACT MANAGER Lilbum Corporation 1905 Business Center Drive San Bernardino, CA 92408 Mr. James G. Funk Director of Development Services 300 N. "D" Street San Bernardino, CA 92418 14. RESPONSIBILITIES OF PARTIES A. The Consultant is responsible for accuracy of data provided to the City or its agents. B. Upon completion of all work under this contract, ownership and title to all reports, documents, plans, specifications, and estimates produced as part of this contract will automatically be vested in the City and no further agreement will be necessary to transfer ownership to the City. C. It is understood and agreed that all reports, drawings and document, whether in hard copy or machine readable form are intended for one-time use in the construction of the project for which this contract has been entered into. D. The Consultant is not liable for claims, liabilities or losses ansmg out of, or connected with, the modification or misuse by the City of the machine readable information and data provided by the Consultant under this Agreement; further, the Consultant is not liable for claims, liabilities or losses arising out of, or connected with, any use by the City of the project documentation on other projects. E. For the purpose of determining compliance with Public Contract Code Section IOI IS, et. Seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et. seq., when applicable, and other matters connected with the performance of the contract pursuant to Government Code Section 8546.7, the Consultant, subconsultant, and the City shall maintain all the books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under 5 e e e 18. the contract. The State, the State Auditor, FHW A, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the Consultant that re pertinent to the contract for audits, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. 15. CONSTRUCTION COST ESTIMATES A. Any opinion of the construction cost prepared by Consultant represents his judgement as a design professional and is supplied for the general guidance of the City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the City. 16. COVENANT AGAINST CONTINGENT FEE Consultant warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Consultant for the purpose of securing business. For breach or violation of this warranty, City shall have the right to terminate this Agreement in accordance with the clause permitting termination for cause and, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. 17. HOLD HARMLESS CLAUSE A. Consultant shall indemnify, defend and hold free and harmless the City, its officers, and its employees from all claims, damages, costs, expenses, and liability, including, but not limited to attorney's fees, imposed upon them for any alleged infringement of patent rights or copyrights of any person or persons in consequence of the use by City, its officers, employees, agents, and other duly authorized representatives, of programs or processes supplied to City by Consultant under this Agreement. B. The prevailing party in any legal action to enforce or interpret any provisions of this Agreement will be entitled to recover from the losing party all reasonable attorneys' fees, court costs, and necessary disbursements in connection with that action. Tbe costs, salary, and expense of the City Attorney and members of his office, in connection with that action shall be considered as attorneys' fees for the purposes of this Agreement. INDEMNITY Consultant agrees to indemnify, defend and hold harmless the City of San Bernardino, and its agents, officers and employees from and against any and all liability, expense and claims for damages of any nature whatsoever, including, but not limited to, costs, bodily injury, death, personal injury, or property damages, arising from or connected with Consultant's operations, or any aspect of its performance under this Agreement 6 e e e 19. LIABILITY/INSURANCE Consultant shall maintain insurance policies meeting the minimum requirements set forth herein. All insurance maintained by the Consultant shall be provided by insurers satisfactory to the City. Certificates evidencing all insurance coverage required herein shall be delivered to the City prior to the Consultant performing any of the services under this Agreement. All insurance certificates required herein shall name the City as an additional insured and provide for thirty- (30) days written notice from the insurer to the City prior to cancellation of any insurance policy of the Consultant. A. Errors and Omissions. The Consultant shall maintain errors and omissions insurance with a combined single limit of not less than One Million Dollars ($1,000,000.00) per occurrence. B. Comprehensive General Liability and Automobile Insurance. The Consultant shall maintain comprehensive general liability and automobile liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000.00) per occurrence. C. Worker's Compensation Insurance. The Consultant shall maintain worker's compensation insurance in accordance with the laws of the State of California for all workers employed by the Consultant. 20. VALIDITY Should any provision herein be found or deemed to be invalid, this Agreement shall be construed as not containing such provision, and all other provisions which are otherwise lawful shall remain in full force and affect, and to this end the provisions of this Agreement are declared to be severable. 21. ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between the parties hereto and supersedes all prior and contemporaneous negotiations, representations, understandings, and agreements, whether written or oral, with respect to the subject matter thereof. This Agreement may be amended only by written instrument signed by both parties. 7 eGREEMENT FOR Professional Services with Lilburn Corporation, Inc. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date written above by their duly authorized officers on their behalf. ATTEST: CITY OF SAN BERNARDINO BY: Rachel Clark, City Clerk City of San Bernardino BY: Judith Valles, Mayor City of San Bernardino LILBURN CORPORATION BY: e Signature NAME: TITLE: Approved as to form and legal content: JAMES F. PENMAN City Attorney III III e 8 e e e January 7, 2002 Exhibit I State Street Extension ENIS City of San Bernardino, California 1.0 PROJECT APPROACH AND UNDERSTANDING The environmenlal documenllo be prepared for Ihe Slate Street extension project is a joint Environmental Assessment/Initial Study (EAlIS) that will meet the City's needs in acquiring all necessary permits to implement the street extension and improvements project. The EAlIS will be prepared in compliance with Caltrans Guidelines for the California Environmental Quality Act and the Federal Highway Administration Guidelines for the National Environmental Quality Act. This Scope of Work does not include the preparation of an EIS/EIR. The following tasks will be conducted to lead to the issuance of a Notice of Determination (State and City) and Record of Decision (Federal) to support the proposed street extension project, based on completion of an ENIS. Completion of these tasks will result in a number of work products: . Development of a Description of the Project and Alternatives (as required under NEPA); . Review of Previously Prepared Studies and Determination of Adequacy; . Administrative Draft Environmental Assessment/Initial Study; . Published Notice of Intent to adopt a Negative Declaration (IS/EA will be attached); . Mitigation Monitoring and Reporting Program; and . Written responses to comments on the draft documents and revisions (as required and directed by City staff), City Staff Reports, and final environmental documents. The FHW A is the federal agency responsible for processing the EA and Finding of No Significant Impact (FONSI), and if required, consulting with the U.S. Fish and Wildlife Service. Consultation (if required) would be completed on a separate time schedule and is not included in the Scope of Work defined herein. The EAlIS and Negative Declaration will be completed as a part of this work for adoption by the City of San Bernardino's Mayor and Common Council. 2.0 SCOPE OF WORK This Scope of Work is to conduct all studies and analysis to adequately assess the environmental effects of the extension of State Street between 5th Street and 16th Street in San Bernardino. The road's intersection with the future Interstate 210 is not a part of this project. The following specific studies will be required for completion of the ENIS: . Cultural Resources Survey and Report . Historical Resources Survey and Report . Paleontolgoical Resources Review and Report . Consultation with American Indians . Preliminary Survey and Assessment of Biological Resources and Sensitive Species Lilburn Corporation I 1905 Business Center Drive San Bernardino, CA 92408 (909) 890-1818 r e e e January 7, 2002 Exhibit 1 State Street Extension EAlIS City of San Bernardino, California . Noise Study (supplement Noise Analyses completed for Route 30) . Air Quality Study (supplement Noise Analyses completed for Route 30) . Traffic Impact Analysis on Route 66 (5th Street) & Base Line (supplement Traffic Analysis completed for Route 30) TASK 1: DATA ASSEMBLY/REVIEW PROJECT DESCRIPTION Data Assembly/Review This task will include a review of existing available information about the street alignment and areas of impact, including site plans and any background reports on previously constructed segments of the road. We will also determine the relevancy and adequacy of environmental data for the area documented in the SR-30 (1-210) EIR/EIS. It is possible that during this review, additional data needs could be identified. If, after reviewing the existing information, we conclude that some additional baseline data are required to make the environmental evaluation complete, we will bring this to the attention of the Project Manager and discuss how this issue should be resolved prior to taking on any additional data collection tasks. Proiect DescriptionlDescription of Alternatives Upon completion of the data review, we will prepare a draft project description for review/approval prior to commencing with preparation of the EAlIS. As required under NEPA, the environmental assessment must include a description and evaluation of alternatives to the project. We understand that the City has not completed design of the roadway and therefore alternative design concepts may be available for documentation. Information that has been compiled by the City for developing the roadway alignment will be incorporated into the project description and alternatives. The City's November 2000 Application for State Transportation Project funding will be used to provide most of the descriptions necessary to meet FHW A Guidelines. Deliverable: Draft Project Descriptioll alld Descriptioll of Alternatives. TASK 2: PREPARE ENVIRONMENTAL ASSESSMENT/INITIAL STUDY The scope of the environmental issues to be evaluated in the EAlIS will be based upon the Preliminary Environmental Study (PES) prepared by Caltrans Local Assistance Office, and dated June 19, 2001. Lilburn Corporation will provide a detailed analysis of each issue listed on the PES as requiring additional information to determine the level of effects on the environment. The PES indicates that there is a potential for hazardous materials or remains to be located within the project's area of impact. We will request an environmental data base search, from Environmental Data Resources Inc. in Chicago, Illinois, and include th~ research findings as an attachment to the EAlIS. Upon acquisition of any properties for construction of the roadway, the City may need to complete field surveys for hazardous materials and a Phase I Lilburn Corporation 2 1905 Business Center Drive San Bernardino, CA 92408 (909) 890-1818 e e e " Janual')' 7, 2002 Exhibit I State Street Extension ENIS City of San Bernardino, California Environmental Site Assessment. This work would only be completed upon authorization by the City and is identified as Tasks 10 & 11. Focused studies to comply with NEPA will be prepared by subconsultants, under contract to Lilburn Corporation. These will include the cultural, historical, paleontological, and biological resources assessments. A detailed scope of work for these studies is provided below. Subtask 2.1. McKenna et al will conduct the required studies for archaeological, paleontological, and historic resources. McKenna et al is certified as a DBE/WBE with Caltrans. The required research, field work, and studies for archaeological, paleontological, and historical resources will be conducted to meet the requirements of the Federal Highway Administration guidelines for NEPA compliance, as well as CEQA. The project area includes structures that may be within the right-of-way or area of construction impact. These structures must be formally evaluated in accordance with State and federal guidelines to insure compliance with existing laws and or regulations. The project area is also within an area known to have been utilized during prehistoric, proto-historic and historic times, lending a level of sensitivity for diagnostic resources that may be deemed significant under State or federal criteria. For these reasons, McKenna et al has built in a schedule for research that will include the Native American consultation, historic research at the local level. regional level (County level research. County archival research), and State/federal level (Bureau of Land Management records, homesteading records, historic maps, etc.), These records are scattered throughout San Bernardino and Riverside counties and will therefore require a substantial effort to compile all data. We currently assume that a minimum of three structures and a maximum of five structures (with some information to indicate association of features with the nearby quarrying activities) may be within the right-of-way of the State Street extension. These structures will be photographed, researched, described, and evaluated with respect to the current guidelines, If the structures are found to be significant, recommendations for mitigation of adverse impacts will be provided. McKenna et al will prepare the resulting report in a format and with all data requirements requested by the Office of Historic Preservation and the San Bernardino County Museum Archaeological Information Center, for summarizing within and attaching to the project's EAlIS. Subtask 2.2. Natural Resources Assessment, Inc. will conduct a data review for information on sensitive biological resources along and in the vicinity of the proposed alignment. The data sources to be reviewed include the California Natural Diversity Data Base, the City of San Bernardino, the Route 30 Improvement Project EIR/EIS, and other previous assessments conducted in and around the proposed alignment. NRA, Inc. will conduct reconnaissance surveys of the site to determine the presence LiIburn Corporation 3 1905 Business Center Drive San Bernardino, CA 92408 (909) 890-1818 e e e January 7, 2002 Exhibit 1 State Street Extension ENIS City of San Bernardino, California or absence of sensitive species and their habitats. As part of the field surveys, NRA, Inc. will evaluate the existing site conditions, idenlify any sensitive resources present or potentially present, and map potential habitat for sensitive biological species. Surveys will be conducted on foot. NRA, Inc. may also include recommendations for further studies in the report. The evaluation of further studies will be based on information available from the findings of the field studies. Additional studies may be required to substantiate the presence or absence of sensitive species along or near the proposed alignment. Should the determination that habitat may exist for endangered species, requiring protocol surveys and/or trapping, that work would be conducted as a separate optional task. The cost for this work is listed as an optional item to this contract. An initial assessment of the site has indicated that there are no jurisdictional drainages on site; however, the entire alignment has not been surveyed. Therefore, the entire route will be evaluated as part of this scope of work, for jurisdictional drainages and wetlands potential. If necessary, NRA, Inc. will review existing relevant information regarding the property, including available documents on the soils of the project areas and any previously completed environmental documents. At this time the need for a wetland delineation or jurisdictional determination is not determined necessary; however the need for the analysis if such features are present will be discussed with the City's Project Manager before undertaking any such work effort. NRA, Inc. will conduct general surveys of the habitats along the alignment. The surveys will document the plant and animal species observed during the field surveys, as well as provide an evaluation of the general condition of the habitats. NRA, Inc. will prepare a biological resources report for the project. The report will have a discussion of the data gathered, including the methods and results of the document review and the field survey. The report will identify existing resources and a description of sensitive species and habitats. This will be appended to the EAlIS. Additional coordination may be required with the USFWS, CDFG, COE, and the City of San Bernardino. We have assumed this coordination will take place primarily by telephone, fax, e-mail and mail. Any meetings or required consultation for specific are beyond this scope of work. A determination of the effort required can be made only if comments are received from U.S. Fish and Wildlife and/or California Department of Fish & Game, and following completion of Task 4. Subtask 2.3. The noise analysis will be conducted in-house, relying primarily on work conducted for the Route 30 Improvements Project at the State Street Interchange. This analysis will be expanded to include any residential areas that may not have been addressed in the Route 30 analysis, using the same traffic data. Subtask 2.4. Hernandez Kroone Associates, Inc. will review the traffic impact analysis completed for the Route 30 (1-2 I 0) ramp at State Street to determine if Lilburn Corporation 4 1905 Business Center Drive San Bernardino, CA 92408 (909) 890-1818 e e e January 7, 2002 Exhibitl State Street Extension EAlIS City of San Bernardino, California an adequate evaluation of the road extension's impacts to Route 66 (5th Street) and Base Line Road was conducted. That study will be supplemented as necessary to meet the requirements of Caltrans. Traffic data for all impacted streets, and traffic modeling will be provided by the City of San Bernardino. Based on the final project description, the description of alternatives, all background data complied and the focused studies, we will prepare an EAlIS that complies with NEPA and CEQA. All other environmental issues and resource areas included in the FHW A and CEQA Environmental Checklists will be reviewed for a determination of potentially significant impacts. The joint document will be prepared using the City's Environmental Checklist/Initial Study format modified to meet the Federal Highway Administration's Environmental Checklist "Draft " Environmental Documents instructions. A discussion of alternatives as required under NEP A will be included, as well as recommended mitigation and supporting documentation as required. TASK 3: CLIENT REVIEW- FINALIZE DOCUMENT FOR PUBLIC REVIEW Public Works/Engineering Staff will review and comment on the preliminary document and comments will be incorporated into a draft for review by Caltrans and the City's Planning Staff. Caltrans has indicated that they prefer to review the document before it . is circulated to the public. This may result in additional revisions to the content and/or scope of the document; it will also add an estimated two to five weeks to the schedule. A detemlination will be made among City staff regarding the need to prepare a joint Environmental Impact Statement and Environmental Impact Report. If the determination is made that an EISIEIR is not required, Li/burn Corporation would proceed with the remainder of work described herein. We will then respond to any comments from Planning staff and finalize the document for distribution to the public. The EAlIS will be distributed to permitting agencies and the public for a review period of 30 days. Draft Deliverable: Four copies of the draft EAIISfor review and comment by PfVIEngineering Staff and Caltrans. Draft Deliverahle: One copy of the revised EAIIS for review and commelll by Planning Staff, for final comment prior to public distributioJl. Drqft Deliverable: Up to six copies of the revised draft IS/EA for submillallO City and Caltrans staff, Final Deliverable: Fifl1' copies of the ISIEA for distribution 10 the public. TASK 4: REVIEW PUBLIC COMMENTS Upon completion of the public review period, our project team will review any comments received on the document and discuss with Public Works/Engineering and Planning staff, any substantive changes that should be made to the project as a result of the comments received. We will prepare responses to comments as appropriate for review by Public Works/Engineering and Planning staff. LiIburn Corporation 5 1905 Business Center Drive San Bernardino, CA 92408 (909) 890-1818 e e e January 7, 2002 Exhibit I State Street Extension EAlIS City of San Bernardino, California Draft Deli\'erable: Public Works will receive four copies of draft rel-'isions and responses to comments for City staff review and commen/. Filial Deliverable: If lIecessary, respollses 10 commelJts will be distributed to commentors in conjulJction with preparation of final documents. TASK 5: PREPARE FINAL DOCUMENTS We will also revise Ihe EAlIS as necessary, based on comments received. At Ihis time we will also prepare the Miligalion Monitoring and Reporting Program (MMRP) for the project. The revised EAlIS and MMRP and any responses to comments constitute the final documents that will be used by the City Council to support implementation of the project. If requested, we will also prepare, or assist in the preparation of Staff Reports for the Council Agenda package. Draft Deliverable: Public Works/Ellgilleerillg will receive four draft copies of the filial documents for review and comment. Filial Deliverable: Up to 25 copies of the filial documents will be primed for distributioll to responsible agencies. TASK 6: PROJECT MANAGEMENT Management of the project includes on- going coordination with City staff, preparation of memos, and meeting preparation and attendance. In order to maximize our efforts to conduct the environmental evaluation and keep the EAlIS on track, we propose to attend up to six meetings with Public Works/Engineering and Planning staff at milestone intervals. The first meeting should be attended by all parties including Lilburn Corporation, Public Works and Planning, and possibly Caltrans (for discussion of 1-210 interchange impacts on the street extension). Project management also includes interaction with our subconsultants, monitoring of their schedule, and review of their work products. We will also attend one City Council public hearing if required. Cheryl A. Tubbs will be assigned as the Project Manager for completion of this scope of work. (Contact at (909) 890-1818). TASK 7: PROTOCOL SURVEYS FOR ENDANGERED PLANT SPECIES. Previous studies conducted for the alignment's area of impact have concluded that no threatened, or endangered plant species occur in the area. Since the most recent study however, additional species have been listed. During Subtask 2.2, any identified T &E species would immediately be brought to the attention of City staff for the scheduling of protocol surveys. The budget provided includes surveys for one specIes, TASK 8: TRAPPING FOR SB KANGAROO RAT Previous studies conducted for the alignment's area of impact have concluded that no habitat for the threatened San Bernardino kangaroo rat exists in the area. It is unlikely that habitat exists currently, due to the existing levee to the west of site. However, during Subtask 2.2, any identified habitat would immediately be brought to the attention of City staff for the scheduling of trapping. Lilburn Corporation 6 1905 Business Cenler Drive San Bernardino, CA 92408 (909) 890-1818 e e e January 7, 2002 State Street Extension ENIS City of San Bernardino, California TASK 9: OBTAIN PERl\1ITS FOR SECTIONS 401, 404, AND 1600 At the conclusion of Task 5, a determination will be made as to the need for obtaining any additional State or federal permits for biological resources. Lilbum Corporation will complete all forms and provide supporting documentation for the City to process the necessary applications. TASK 10: FIELD SURVEYS FOR HAZARDOUS MATERIALS The Caltrans PES indicates the need for a determination of hazardous materials either existing on the site, or known from prior practice. Lilbum Corporation will conduct a field survey of the impacted property, and combined with the data base search conducted in Task 2, will provide a determination of the potential for hazardous materials to be on the site. Task 11: COMPLETION OF PHASE I ENVIRONMENTAL ASSESSMENT During the acquisiton of right-of-way, the City may be required to complete a Phase I Environmental Assessment. Lilburn Corporation will combine the work completed during Task 2 (data base search) and Task 10 to complete a Phase I Site Assessment that will follows the guidelines established by the American Society for Testing and Materials Standard Practice manual for the Phase I Environmental Site Assessment process. Lilburn Corporation 7 Exhibit I 1905 Business Center Drive San Bernardino, CA 92408 (909) 890-1818. e e e L_ '. EXHIBIT I - PROPOSED SCHEDULE ENVIRONMENTAL ASSESSMENT/INITIAL STUDY FOR THE PROPOSED EXTENSION OF STATE STREET SAN BERNARDINO, CALIFORNIA TASK DURATION Notice to ProceedlKick-offMeetim! 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Ii '" :E E . . . . l'J . .. . . .. , " .E ~ " . € . ~ .. 2 . . '" s . s ;; '" -. " . . (i ;; u ~ " ~ 0 . ~ (i " m .. ~ ~ . . ~ S .. .. .0 '" 0- . :E 0 E " , 5 8 > ~ ~ e ~ ~ Z ~ . m ~ S Z E <; E ~ .E ;; s 0 . m ;; 0 E . ,S 2 . .. " .. . . 0 . ~ X , . E ~ " , , " . g <; 0 E . ,. .. , .. . g 0 g " .. , 0 m <; e .. '" 0 .. . . '. m 0 0 '" '" . " 0 " " 8 0 ~ ~ . ~ a " .. ~ '" '~ ~ 0 0 0 . ,Q 0 0 . g "!! 0 '" '~ ~ '" N . . ~ m m . .. ,S ,E . .. , , " " is " " .0 '0 ,S ,< ,E ~ ~ . 'S . . . . 'S . . . E 0 0 .. .. .. , . . , , , . 8 " " ~ .l! ~ .E .E Cl e :g; ~ e '=- s e e e o. ~. -- --.-,. r ~ ~TE LTjg~'~\ .....u~_ tl crk~ ~ r I" ~ tngl"'~er'n .. ....cl'~r....o '9 :..J ,'\) :::'''' FiguP3 ~ r ! CITY CLERK'S OFFICE RAcHEL G. CLARK, CM.C. - CITY CLERK P.O. Box 1318' San Bernardino' CA 92402 300 North "0" Street. San Bernardino' CA 92418-0001 909.384.5002' Fax: 909.384.5158 Business Registration Division: 909.384.5302 Passport Acceptance Facility: 909.384.5128 www.cLsan-bernardino.ca.us ~ February 8, 2002 Lilburn Corporation 1905 Business Center Drive San Bernardino, CA 92408 Dear Sir, At the Mayor and Common Council meeting of February 4, 2002, the City of San Bernardino adopted Resolution 2002-36 - Resolution authorizing the execution 'of an agreement with Li/burn Corporation for the preparation of environmental documents for State Street improvements between 5th Street and 16th Street. Enclosed is one (1) original agreement. Please sign in the appropriate location and return the original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please retain a copy of the agreement for your files. Please be advised that the resolution and agreement will be null and void if not executed within 60 days, or by April 5, 2002. If you have any questions, please do not hesitate to contact me at (909)384-5002. Sincerely, ,,/1:.. /'_1'" /t _"': (/-.- I. f. .'. ~. L Michelle Taylor Senior Secretary Enclosure CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty ". CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: February 12, 2002 TO: Mehran Sepehri, Senior Civil Engineer FROM: Michelle Taylor, Senior Secretary RE: Resolution 2002-36 - Agreement with Lilbnrn Corporation CC: Finance Attached is a fully executed copy of the agreement with Lilburn Corporation for the pr~aration of enviromnental documents for State Street improvements between 5th Street and 16t Street. The original agreement is on file in the City Clerk's Office. If you have any questions, please call me at ext. 3206. If;. ,... ** FOR OFFICE USE ONL Y . NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): f) >"j-c,,) [tern # Vote: Ayes 1- 3, S - 'I Nays-B- Change to motion to amend original documents: ~ I d-- Resolution ~ ___~CXJd ~____.__. Abstain -e- Absent _.:L______ Reso_ # On Attachments: ~ Contract term: - Note on Resolution of Attachment stored separately: -'=-- Direct City Clerk to (circle I): PUBLISH, POST. RECORD \V-COUNTY NullNoid After:JoC_C_Qj1-.'I-,';~l\. S ~QlJ--._. By: Date Sent to Mayor: ~ +D;;L Date of Mayor's Signature: ;;).-(,-C-'J Date ofClerklCDC Signature: d -'l-c, ;;J- Reso. Lug L;pdated / Seal Impressed: _V~_.________.__ Date Memo/Letter Sent for Signature: :J- 'iJ-o:r 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: /' Date Returned: .[)-I.J--O:} See Attached: See Attached: Request for Council Action & Staff Report Attached: Yes ,/ No By Updated Prior Resolutions (Other Than Below): Yes No-? By Updated CITY Personnel Folders (6413, 6429, 6433, [0584, 10585, 12634): Yes No --.L By Updated CDC Personnel Folders (5557): Ves No Y. By Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No7 By Copies Distributed to: City Attorney / Parks & Rec. Code Compliance Dev. Services ~ EDA Police Public Services Water Finance ,/ MIS Others: Notes: BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.) Ready to File: .1!1L Date: d'I:J---o:r Revised 01112/01