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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Funk, Director
Subject:. Resolution authorizing the
execution of Professional Environmental
Services Agreement with Myra L. Frank &
Associates, Inc. for the design of the Mt.
Vernon Ave. Viaduct over the BNSF
railroad.
MCC Date: 12-01-03
Dept:
Development Services
November 24, 20030R1G1NAL
Date:
File: 1.7121
Synopsis of Previous Council Action:
03-04-96 Approval given to submit request for authorization of funds under Federal Aid
Highway HBRR Program.
11-04-96 Approval of $20,000 for preparation of conceptual plan.
05-19-97 Authorization to execute agreement for professional services with DMJM for
conceptual plan approved.
03-15-99 Adopted Resolution authorizing execution of professional engineering services
agreement with Parsons Brinckerhoff Quade & Douglas, Inc.
07-06-99 Approved Budget carry-over of $498,200 in Account No. 129-367-5504-7121 as
local matching funds for Mt. Vernon Grade Separation at BNSF.
09-07-99 Authorization to execute agreement with Parson Brinckerhoff Quade & Douglas Inc.
for Professional Engineering Services.
Recommended Motion:
Adopt Resolution.
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Contact person: Michael Grubbs. Acting City Engineer
Phone:
5179
Supporting data attached: Staff Reoort. Resolution, Exhibit A Ward: 1 & 3
FUNDING REQUIREMENTS: Amount: $123.524.00
129-367-5504-7121
Source: (Acct. Nos.)242-362-5504-7121
Acct. Description: Mt. Vernon Grade Separation at
BNSF
Finance:
Council Notes:
17 ~~ -z...CS)3- 3 L-"-
Agenda Item No. .l!j
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution authorizing the execution of Professional Environmental Services Agreement with
Myra L. Frank & Associates, Inc. for the design of the Mt. Vernon Ave. Viaduct over the
BNSF railroad.
Back2round:
On September 7, 1999, the Mayor and Council adopted Resolution No. 1999-228 approving a
Professional Services Agreement with Parson, Brinckerhoff, Quade and Douglas, Inc. at a
lump sum cost of $949,560 for design of Mt. Vernon Viaduct over BNSF railroad. This
Agreement was originally approved by the Mayor and Council on March IS, 1999, but was
delayed until CALTRANS completed the pre-award process favorably.
During the environmental phase of the project, a Historic Property Survey Report (HPSR) was
prepared and reviewed by the Caltrans Environmental Division. Caitrans concluded that based
on the HPSR the Mt. Vernon Viaduct appeared to be eligible for the National Register of
Historic Places (NRHP) and a Letter from the State Historic Preservation Officer (SHPO) in
March of 2002 confirmed that the bridge is eligible for listing. This conclusion has led to
additional studies as required by the National Environmental Policy Act (NEPA). These
studies are necessary to demonstrate that there is no prudent or feasible alternative to use of the
historic site property, and that the project includes all possible planning to minimize harm to
the historic site resulting from the use.
Progress on the historic and environmental part of the process has not been satisfactory. On
October I, 2003, the Agreement with Parson, Brinckerhoff, Quade and Douglas, Inc. was
terminated for the convenience of the City.
The schedule for this project has been adversely affected by the historical designation. The
expected study preparation and review time has been increased substantially. A historical
designation necessitates greater review by State and Federal agencies, including the State
Historic Preservation Officer (SHPO), Federal Highway Administration (FHWA), and
Caltrans. Consequently, it is estimated that the environmental review will require another 18
months to complete; fmal design, review, and approval ten to twelve months; and construction
twelve to sixteen months beyond that. It is now anticipated that construction of the bridge
could begin in late 2005 or early 2006.
Subsequent to termination of the Parson Brinkerhoff Agreement, staff retained William
Nascimento of LAN Engineering to act as project manager for the project. Mr. Nascimento is
a licensed Structural Engineer and has extensive experience in bridge design and processing of
Federally funded projects through Caltrans.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report (Continued)
Prior to the termination Parson Brinkerhoff had completed many of the environmental
documents and submitted them to Caltrans for review and comment. Caltrans had numerous
comments which remain to be addressed. Since Parson Brinkerhoff is no longer available to
correct the documents, staff is recommending that a new environmental consultant be retained
to complete the work.
At the request of Mr. Nascimento, Myra L. Frank & Associates, Inc. submitted the attached
proposal dated November 13, 2003, to complete the environmental documentation and to
process the documents through Caltrans, FHW A and SHPO. Staff previously worked with
Myra L. Frank & Associates, Inc. on Section 106 documentation for the Orange Show Road
project and processing through Caltrans, FHWA and SHPO. We feel that Myra L. Frank &
Associates, Inc. has the resources and expertise to complete the environmental documentation
for the Mt. Vernon Bridge replacement project.
Myra L. Frank & Associates, Inc. was previously retained by DMJM Engineers in 1997 to
perform preliminary alignment studies of the Mt. Vernon Bridge. Due to the prior experience
working with Myra L. Frank & Associates, Inc. and its prior experience with the Mt. Vernon
Bridge project, staff recommends that a Professional Services Agreement be approved with this
firm.
Financial Impact:
This project is budgeted in the FY 2003/04 Capital Improvement Program (CIP) as Project No.
SS04-l2. The majority of the cost for this project (80 percent) is eligible for reimbursement
through a combination of Highway Bridge Replacement and Rehabilitation (HBRR) funds and
Seismic Retrofit funds from the Federal Highway Administration. Staff anticipates the local
match (20%) will come from a combination of 1I2-Cent Sales Tax Fund and a State
Infrastructure Bank Loan. $200,000 of 1I2-Cent Sales Tax Funds are budgeted for this project
in FY 2003/04. An additional $200,000 of l/2-Cent Sales Tax funds are to be budgeted in
FY 2004/05 per the CIP. A State Infrastructure Bank Loan in the amount of $2,500,000 is
proposed to be budgeted in FY 2005/06 as the local match for the cost of construction.
Recommendation:
Adopt Resolution.
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A
SERVICES AGREEMENT WITH MYRA L. FRANK & ASSOCIATES, INC. FOR
PROVISION OF PROFESSIONAL ENVIRONMENTAL SERVICES FOR THE DESIGN
OF THE MT. VERNON AVE. VIADUCT OVER THE BNSF RAILROAD.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION I. Myra L. Frank & Associates, Inc. is competent, experienced and able to
perform environmental services and have provided the most advantageous and best proposal for
provision of PROFESSIONAL ENVIRONMENTAL SERVICES for Design of the Mt. Vernon
Ave. Viaduct Over the BNSF Railroad, per Services Agreement, attached and incorporated
herein as Exhibit A, for the not to exceed amount of $123,524.00. Pursuant to this
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said agreement on behalf of the City.
SECTION 2. The authorization to execute the above referenced Agreement is rescinded
ifit is not executed within sixty (60) days of the passage of this resolution.
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RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A
SERVICES AGREEMENT WITH MYRA L. FRANK & ASSOCIATES, INC. FOR
PROVISION OF PROFESSIONAL ENVIRONMENTAL SERVICES FOR THE DESIGN
OF THE MT. VERNON AVE. VIADUCT OVER THE BNSF RAILROAD.
4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
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9 ESTRADA
Common Council of the City of San Bernardino at a
meeting thereof, held
on the
day of
. 2003, by the following vote, to wit:
NAYS
ABSTAIN
ABSENT
AYES
Council Members:
10 LONGVILLE
11 MC GINNIS
12 DERRY
13
SUAREZ
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Approved as to
23 form and legal content:
ANDERSON
MC CAMMACK
City Clerk
day of
,2003.
The foregoing resolution is hereby approved this
Judith Valles, Mayor
City of San Bernardino
24 JAMES F. PENMAN,
25 City Attorney
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Exhibit "A"
SERVICES AGREEMENT
THIS AGREEMENT is entered into this day of , 2003, between
Myra L. Frank & Associates, Inc. ("CONTRACTOR") and the CITY OF SAN BERNARDINO
("CITY)".
WITNESSETH:
A. WHEREAS, CITY has need for Professional Environmental Services for the
design of the Mt. Vernon Ave. Viaduct over the BNSF Railroad, and,
B. WHEREAS, CONTRACTOR is competent, experienced and able to perform
said services: and.
C. WHEREAS, CONTRACTOR has provided the most advantageous and best
proposal for the provision of such services;
NOW THEREFORE, the parties hereto agree as follows:
I. CONTRACTOR shall furnish Professional Environmental Services for design of the Mt.
Vernon Ave. Viaduct over the BNSF Railroad, in accordance with the attached proposal
from CONTRACTOR dated November 13, 2003, attached and incorporated herein as
Attachment I.
2. Over the term of this Agreement, CONTRACTOR shall be paid a total amount not to exceed
$123.524.00 subject to division of costs by task as identified in Attachment I.
3. CONTRACTOR shall provide the Development Services Department with a monthly invoice
in arrears and shall be provided payment within thirty (30) days therefrom. CITY retains the
right to challenge all or any part of an invoice.
4. The initial term of this Agreement shall be one (I) year from the date first shown above and
is subject to termination by either party upon thirty (30) days written notice to the other.
There may be two one-year extensions.
5. CONTRACTOR shall indemnify, defend and hold CITY, its officers, employees and agents
harmless from any claim, demand, liability, suit, judgment or expense (including, without
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Services Agreement - Myra L. Frank & Associates, Inc.
Page 2 of3
limitation, reasonable costs of defense) ansmg out of or related to CONTRACTOR's
performance under this Agreement, except that such duty to indemnify, defend and hold
harmless shall not apply where injury to person or property is caused by CITY's willful
misconduct or sole negligence. The costs, salary and expenses of the City Attorney and
members of his office in enforcing this Agreement on behalf of the City shall be considered
as "attorney's fees" for the purposes of this paragraph.
6. While not restricting or limiting the foregoing, during the tern1 of this Agreement,
CONTRACTOR shall maintain in effect policies of comprehensive public, general, and
automobile liability insurance, in the amount of $1,000,000 combined single limit, and
statutory worker's compensation coverage, and shall file copies of said policies with the
CITY's Risk Manager prior to undertaking any work under this Agreement. The policies
shall name the CITY as an additional insured and shall provide for ten (10) day notification
to the CITY if said policies are terminated or materially altered.
7. CONTRACTOR shall perform work tasks as directed by the City Engineer, but for all intents
and purposes, CONTRACTOR shall be an independent contractor and not an agent or
employee of the CITY.
8. In the performance of this Agreement and in the hiring and recruitment of employees,
CONTRACTOR shall not discriminate on the basis of race, creed, color, religion, sex,
physical handicap, ethnic background or country of origin.
9. Any notice to be given pursuant to this Agreement shall be deposited with the United States
Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
James Funk, Development Services Director
City of San Bernardino
300 North '0' Street
San Bernardino, CA 92418
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Services Agreement- Myra L. Frank & Associates, Inc.
Page 3 of 3
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TO THE CONTRACTOR
Myra L. Frank & Associates, Inc.
811 West 7th Street, Suite 800
Los Angeles, CA 90017
Phone (213) 627-5376
Fax (213) 627-6853
Nothing in this paragraph shall be construed to prevent the giving of notice by
personal service.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
shown below.
MYRA L. FRANK & ASSOCIATES, INC.
Date: by:
Signature
e Print Name/Title
CITY OF SAN BERNARDINO
Date: by:
Judith Valles
Mayor
City of San Bernardino
ATTEST:
Rachel Clark, City Clerk
Approved as to fonn
and legal content:
James F. Penman
CityAtt
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By'
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ATTACHMENT 1
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(213) 627-5376
Fax: (213) 627-6853
Environmental Impact
Reports and Statements
Arr;hHectural History
November 13,2003
Mike Grubbs, Ci.ty Engineer
City of San Bernardino
300 N. "D" Street, 3rd Floor
San Bernardino, CA 92418
Re: Mt. Vernon Avenue Bridge Project - Environmental Documentation
Dear Mr. Grubbs:
Myra L. Frank & Associates, Inc. (MFA) is very pleased to submit this proposal to
prepare the environmental documentation for the Mount Vernon Avenue Bridge Project.
It is our understanding that the City of San Bernardino requires a consultant to complete
the environmental documents and studies necessary to comply with California
Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA)
regulations as well as Caltrans and FHW A policies and procedures. Specifically, MFA
will revise and update the technical studies and Environmental Assessment previously
prepared by Parsons Brinckerhoff Quade & Douglas, Inc. (PBQ&D) for the proposed
project. The studies will be revised in response to Caltrans' comments on the previous
PBQ&D studies and to incorporate a new seismic retrofit/rehabilitation alternative that
will be developed by the structural engineer in consultation with MFA's architectural
historians.
Attached to this letter proposal you will find a proposed scope of services and cost
estimates to update and revise each of the technical studies. As described more fully in
the scope of services, the findings of the technical studies will be used to determine the
appropriate CEQA and NEPA documentation for the project. If the proposed project
would not result in any unavoidable significant adverse impacts, it would qualify for a
Negative Declaration (ND) or Mitigated Negative Declaration (MND) under CEQA and
a Finding of No Significant Impact (FONSI) under NEPA. The appropriate
environmental document that would be prepared and processed to obtain approval of the
MND and FONSI would be an Initial StudylEnvironmental Assessment (lSIEA). The
attached cost proposal includes an estimate to prepare and process the ISIEA based on the
previous EA prepared by PBQ&D and the updated technical studies.
8 1 1 We s t 7 t h. S t , e e t. SUI t e 800. Los A n gel e s. C A. 900 1 7
ATTACHMENT 1
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Mike Grubbs, City Engineer
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Since the findings of the Section 106 historic resources documentation will likely be the
determining factor as to whether the project qualifies for an MND or FONSI, our scope
and cost estimates have been structured to prioritize the Section 106 process as our initial
task. The remaining tasks to complete the other technical studies and the IS/EA then
follow.
If an IS/EA is detennined to be appropriate, it is estimated that it would take a minimum
of 9 months to 1 year to prepare and process the technical studies and CEQA and NEP A
documentation.
Should you have any questions about the above or the attached cost proposal, please do
not hesitate to call me, or Lee Lisecki, .our designated Senior Project Manager.
Sincerely,
J, ou.w'y 1)JAa.wG'
roject Manager
attachments
cc: William Nascimento, LAN Engineering
Lee Lisecki, Project Manager
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ATTACHMENT 1
PROPOSED SCOPE OF SERVICES -
MT. VERNON AVENUE BRIDGE PROJECT
The findings of the Section 106 historic resources documentation are likely to be the
determining factor as to whether the proposed project qualifies for an Initial Study -
Mitigated Negative Declaration (IS/MND) under the California Environmental Quality Act
(CEQA) and an Environmental Assessment/Finding of No Significant Impact (EA/FONSI)
under the National Environmental Policy Act (NEPA). Therefore, efforts focused on the
Section 106 process (i.e., Task 1) will be initiated first.
If the Section 106 analyses conclude that the proposed project and the City's preferred
alternative would result in an unavoidable significant impact on historical resources
under CEQA, then an IS/MND would not be the appropriate state environmental
document, and preparation of an Environmental Impact Report (EIR) would be required.
In this event, a new cost proposal to prepare an EIR will be necessary.
If a determination of an adverse effect on historic properties is made under Section 106,
then the selection of the appropriate NEPA document (I.e., either an EA/FONSI or an
Environmental Impact Statement (EIS)), may be contingent upon completion of a
Memorandum of Agreement (MOA) with the State Historic Preservation Officer (SHPO).
If it is determined that an EIS would be required, then a new cost proposal to prepare an
EIS will be necessary.
If an IS/MND - EA/FONSI is found to be the appropriate state and federal environmental
documentation, it is estimated that it would take a minimum of 9 months to 1 year to
prepare and process the technical studies and the CEQA and NEPA documentation.
This scope of services assumes that an IS/MND - EA/FONSI will be prepared.
Task 1- Section 106 Historical Resources Documentation
The Historic Preservation Survey Report (HPSR) will be updated by MFA to include an
Historic Resources Evaluation Report (HRER). It is assumed that the Negative
Archaeological Survey Report (NASR) that was previously prepared and approved by
Caltrans will not need to be revised. An evaluation of the bridge's character-defining
features would be conducted in order to satisfactorily analyze the proposed project's
effects on this historic resource. Coordination with the bridge engineer would be
required in order to ensure that rehabilitation options are thoroughly explored that would
address the concerns of the City of San Bernardino, BNSF, and the CPUC regarding
horizontal and vertical clearance, seismic retrofit, and traffic safety.
1. Surveys, Data Collection, Consultation
One agency coordination meeting at the project site will be required in order for MFA to
be responsive to the Caltrans comments received on the previous historic resource
documentation and EA environmental document prepared by other consultants. The
lead environmental planning and historic resources staff from Caltrans, FHW A, and the
City will be invited to attend the meeting. A walk-through of the Area of Potential Effects
(APE) would be conducted in order to document the existing conditions of the resources
identified within the APE, and to update existing photographs with digital images.
Preliminary consultation with the appropriate members of the Caltrans District 8
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ATTACHMENT 1
Architectural Historian staff would be coordinated with this field visit, which would also
determine if changes to the APE would be required. In addition, the architectural
historian(s) would review existing reports, such as any other Section 106 or other
documentation completed since the 2001 Historical Architectural Survey Report (HASR)
documentation and Finding of Effect for this bridge.
2. Prepare Draft HRER
Caltrans requires an Historical Resources Evaluation Report (HRER) to document
evaluations of historic-era built resources. This document would combine the previous
Historical Architectural Survey Report (HASR), Historic Study Report and Historical
Resources Evaluation Report into one report, as described in Chapter 7 of the July
2001 draft of the Galtrans Environmental Handbook (Vol. 2) Cultural Resources. The
information contained in the existing 2001 HASR would be reviewed and revised based
on any changes to the APE and the historical resources previously identified within the
APE. This assumes there will be no changes to the APE.
3. Prepare Revised Draft HPSR
The previous Historic Property Survey Report (HPSR) will be updated and revised by
MFA to include the HRER described above. It is assumed that the Negative
Archaeological Survey Report (NASR) that was previously prepared and approved by
Caltrans will not need to be revised. The revised Draft HPSR will also document MFA's
compliance with the public participation requirements of Section 106.
The revised document will be submitted to the City for one cycle of review and
comments, and then to Caltrans one cycle of review and comments. Consultation with
Caltrans and FHWA will be necessary to determine if the Final HPSR will be submitted
individually to Caltrans at this point, or as supporting documentation for the Draft Finding
of Effect (FOE). If Caltrans feels the HPSR requires SHPO concurrence before the FOE
is completed, then Caltrans will forward the Draft HPSR to FHWA for submillalto the
SHPO for concurrence.
4. Prepare Revised Draft Finding of Effect Report
Caltrans would decide whether the Revised Draft Finding of Effect (FOE) report would
be prepared before or after SHPO concurrence with the HPSR. MFA will prepare a
revised draft FOE report that is responsive to Caltrans' most recent comments on the
document prepared by other consultants. The revised draft FOE report will be based on
the proposed design alternatives. An evaluation of the bridge's character-defining
features would be conducted in order to satisfactorily analyze the effects of each project
alternative on the historical resources identified in the HPSR. Coordination with the
bridge engineer would be required in order to ensure that bridge rehabilitation options
are thoroughly explored that would address the concerns of the City of San Bernardino,
BNSF, and the CPUC regarding horizontal and vertical clearance, seismic retrofit, and
traffic safety. The revised document will be submitted to the City for one cycle of review
and comments, and then to Caltrans one cycle of review and comments. Caltrans will
then forward the Draft FOE to FHWA for submittal to the SHPO. SHPO concurrence
with the results of the Draft FOE would be required before a Memorandum of Agreement
would be submitted for draft review (see below).
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A'ITACHMENT 1
5. Prepare Final Section 106 Documentation
Any comments received from the public on historic properties, including comments from
the SHPO, that are received during this process will be taken into consideration and will
be addressed, along with Caltrans and FHWA comments, in the Final HPSR and Final
Finding of Effect documents.
6. Prepare Memorandum of Agreement
If it is determined that historic properties would be adversely affected by the proposed
project, FHWA will then initiate consultation with SHPO and the Advisory Council on
Historic Preservation in order to seek ways in which to avoid or reduce the adverse
effect(s). MFA staff will coordinate with Caltrans staff and the bridge engineer to
develop creative mitigation measures if it is determined that none of the proposed build
alternatives would avoid adverse effects. MFA will prepare a draft Memorandum of
Agreement (MOA) to be submitted for review and concurrence by FHWA, ACHP and the
consulting parties.
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ATIACHMENT 1
Task II - Technical Studies
1. Biological Technical Memorandum
1.1. Field Surveys, Data Collection & Analysis
MFA will conduct additional field surveys and records searches (e.g., California
Natural Diversity Database) as necessary to verify the accuracy and
completeness of the data supporting the previous Biological Technical
Memorandum.
1.2. Revise and Update Draft Technical Memorandum
MFA will review and revise the previous Biological Technical Memorandum to
ensure that the information on biological resources that might be affected by the
project is accurate and complete. The revised document will be responsive to
Caltrans' most recent comments on the previous document. Since the biological
resources in the project vicinity appear to be limited to small areas of riparian
habitat and jurisdictional waters of the U.S., it is assumed that a technical
memorandum will suffice and that preparation of a Natural Environment Study
and Biological Assessment will not be required. The revised document (1
electronic and 1 print-ready hard copy) will be submitted to the City for one cycle
of review and comments, and then to Caltrans one cycle of review and
comments. Caltrans will then forward the revised document to FHWA.
1.3. Prepare Final Technical Memorandum
MFA will respond to comments on the Biological Technical Memorandum that are
received during the CEQA/NEPA public circulation period, and will revise the
document where appropriate. An administrative final document (1 electronic and
1 print-ready hard copy) will be submitted to the City for one cycle of review and
comments, and then to Caltrans one cycle of review and comments. Caltrans
will then forward the final document to FHW A.
2. Noise Study
2.1. Data Collection & Analysis
MFA will verify the accuracy and completeness of the previous Noise Study. It is
possible that new noise measurements and new computer model runs to assess
traffic noise impacts will have to be conducted depending on the validity of the
traffic data used and the modeling assumptions in the previous Noise Study.
2.2. Revise and Update Draft Noise Study
MFA will review and revise the previous Noise Study as necessary. The revised
document will be responsive to Caltrans' most recent comments on the previous
document. The revised Noise Study will also fully conform to the Traffic Noise
Analysis Protocol and policies and procedures established by Caltrans and
FHWA. The revised document (1 electronic and 1 print-ready hard copy) will be
submitted to the City for one cycle of review and comments, and then to Caltrans
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ATTACHMENT 1
one cycle of review and comments. Caltrans will then forward the revised
document to FHW A.
2.3. Prepare Final Noise Study
MFA will respond to comments on the Noise Study that are received during the
CEQA/NEPA public circulation period, and will revise the document where
appropriate. An administrative final document (1 electronic and 1 print-ready
hard copy) will be submitted to the City for one cycle of review and comments,
and then to Caltrans one cycle of review and comments. Caltrans will then
forward the final document to FHW A.
3. Initial Site Assessment
3.1. Data Collection & Analysis
To verify the accuracy and completeness of the data presented in the previous
Initial Site Assessment (ISA), new field surveys and database searches may be
required.
3.2. Update and Revise Draft ISA
The previous ISA will be reviewed and updated as necessary by Ninyo & Moore,
as a subconsultant to MFA, in accordance with Caltrans ISA requirements. The
revised document will be responsive to Caltrans' most recent comments on the
previous document. The revised document (1 electronic and 1 print-ready hard
copy) will be submitted to the City for one cycle of review and comments, and
then to Caltrans one cycle of review and comments. Caltrans will then forward
the revised document to FHW A.
3.3. Prepare FinallSA
MFA will respond to comments on the ISA that are received during the
CEQA/NEPA public circulation period, and will revise the document where
appropriate. An administrative final document (1 electronic and 1 print-ready
hard copy) will be submitted to the City for one cycle of review and comments,
and then to Caltrans one cycle of review and comments. Caltrans will then
forward the final document to FHW A.
4. Draft Relocation Impact Study (ORIS)
4.1. Data Collection & Analysis
MFA will confirm the accuracy and completeness of the data supporting the
previous Draft Relocation Impact Statement (ORIS).
4.2. Revise and Update ORIS
The previous ORIS will be reviewed and updated as necessary to ensure that it is
consistent with the procedural and substantive requirements of Caltrans and
FHWA for property acquisitions and displacements. The revised document will
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ATTACHMENT 1
be responsive to Caltrans' most recent comments on the previous document.
The revised document (1 electronic and 1 print-ready hard copy) will be
submitted to the City for one cycle of review and comments, and then to Caltrans
one cycle of review and comments. Caltrans will then forward the revised
document to FHW A.
4.3. Prepare Final ORIS
MFA will respond to comments on the DRIS that are received during the
CEQAlNEPA public circulation period, and will revise the document where
appropriate. An administrative final document (1 electronic and 1 print-ready
hard copy) will be submitted to the City for one cycle of review and comments,
and then to Caltrans one cycle of review and comments. Caltrans will then
forward the final document to FHW A.
5. Section 4(f) Evaluation
5.1. Data Collection & Analysis
MFA will identify all Section 4(f) resources (I.e., public parks and recreation
areas, public wildlife and waterfowl refuges, and significant historic sites) in the
project area. This effort will be coordinated with the updated historic resources
surveys conducted as part of Task I.
5.2. Prepare Draft Section 4(1) Evaluation
A new Section 4(f) Evaluation will be prepared to replace the previous document.
The new document will describe alternatives that have been investigated to avoid
the use of Section 4(f) properties and the measures taken to minimize harm to
the Section 4(f) properties. The new Section 4(f) Evaluation will include the
revised information and analyses resulting from the revised Section 106
documentation in Task I. The new document will be drafted in accordance with
all applicable Caltrans and FHWA procedural and substantive requirements,
including the FHWAlFTA regulations for Section 4(f) compliance codified at 23
CFR ~771.135, the FHWA Technical Advisory T 6640.8A (1987), the FHWA
Section 4(1) Policy Paper (1987), the FHWA Western Resource Center Section
4(f) Checklist (1997), and the FHWA California Division Environmental Checklist
- "Draft" Environmental Documents (1998). The new document (1 electronic and
1 print-ready hard copy) will be submitted to the City for one cycle of review and
comments, and then to Caltrans one cycle of review and comments. Caltrans
will then forward the new document to FHW A.
5.3. Prepare Final Section 4(1) Evaluation
MFA will respond to comments on the Draft Section 4(f) Evaluation that are
received during the CEQAlNEPA public circulation period, and will revise the
document where appropriate. An administrative final document (1 electronic and
1 print-ready hard copy) will be submitted to the City for one cycle of review and
comments, and then to Caltrans one cycle of review and comments. Caltrans
will then forward the final document to FHW A.
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ATTACHMENT 1
6. Traffic
If a new or updated Traffic Study is required, it is assumed that it will be prepared by
another member of the project team. It is assumed no other technical studies will be
necessary.
Task III. IS/EA (assumed)
The findings of the technical studies identified above will be used to determine the
appropriate CEQA and NEPA documentation for the project. If the proposed project
would not result in any unavoidable significant adverse impacts, it would qualify for a
Negative Declaration (NO) or Mitigated Negative Declaration (MND) under CEQA and a
Finding of No Significant Impact (FONSI) under NEPA. The appropriate environmental
document that would be prepared and processed to obtain approval of the NO or MND
and FONSI would be an Initial Study/Environmental Assessment (IStEA). The attached
cost proposal includes an estimate to prepare and process the IS/EA based on the
previous EA prepared by PBQ&D and the updated technical studies described above.
1. Data Collection & Analysis
MFA will review the previous Draft Environmental Assessment (EA) document and
obtain whatever data and other information is necessary to prepare a Draft IS/EA
document.
2. Update and Revise Draft IStEA
2-1. MFA will revise the previous EA document to incorporate the most recent
Caltrans comments and to incorporate any new or modified information
resulting from the Task II technical studies and Task 111-1 data collection.
MFA will be available for up to 3 meetings total with Caltrans staff in order
to ensure that the Draft IS/EA is responsive to the most recent Caltrans
comments on the previous EA document. The Draft IS/EA will be
prepared in accordance with the applicable procedural and substantive
requirements of Caltrans and FHWA for Draft IS/EA documents.
2-2. An Administrative Draft IS/EA (1 electronic and 1 print-ready hard copy)
will be submitted to the City for one cycle of review and comment, and
then to Caltrans for up to two cycles of review and comment. Following
receipt of an integrated set of comments from Caltrans for each review
and comment cycle, MFA will revise the Administrative Draft IS/EA
accordingly. MFA will then submit 1 electronic and 1 print-ready hard
copy to the City for submittal to Caltrans.
2-3. Caltrans will submit the Administrative Draft IStEA to FHWA for one cycle
of review and comment (including FHWA legal sufficiency review). It is
assumed that the FHWA comments will not require that any additional
analyses or technical studies be performed. It is also assumed that
Caltrans and FHW A will approve the Administrative Draft IS/EA document
for public circulation with no additional comments.
7
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ATTACHMENT 1
3. Circulate Draft IS/EA
A notice of availability (NOA) of the Draft ISJEA and a mailing/distribution list will be
prepared by MFA, following approval of the Draft IS/EA by Caltrans and FHWA for public
circulation. The NOA will be prepared for publication in a local newspaper and sent to
the City for one cycle of review and comment. Following any revisions based on the
City's comments, the NOA and mailing/distribution list will be submitted to Caltrans for
one cycle of review and comment. All review submittals of the NOA and
mailing/distribution list will be electronic. The final NOA will be submitted to the City in
hardcopy and digital format (1 electronic and 1 print-ready hard copy) for publication in a
local newspaper by the City. MFA will provide up to 50 hard copies of the Draft IS/EA to
the City for public distribution. It is assumed that the City will make the Draft ISJEA
available for public review and will distribute the Draft IS/EA to all responsible,
cooperating, and jurisdictional agencies (as identified in the mailing/distribution list to be
prepared by MFA), to any groups or individuals who have requested a copy of the
document, and to the State Clearinghouse (Governor's Office of Planning and
Research).
4. Public Meeting
This scope assumes that one public meeting may be held at the discretion of the City,
and that the notice of this public meeting will be identified in the NOA. In consultation
with the City and Caltrans, a date and location for the public meeting will be identified. It
is assumed that MFA's Project Manager, Lead Environmental Planner, and Lead
Architectural Historian will attend the public meeting, and that up to four 30-inch x 40-
inch boards, a handout describing the project, and sign-in sheets will be provided by
MFA. It is assumed that the City will reserve the meeting location and will provide any
other items required for the hearing (e.g., tables and chairs, court reporter [if required],
and audio/visual equipment).
5. Prepare FinallS/EA
5-1. Based on the comments received during the public circulation period and
at the public meeting, MFA will prepare an Administrative Final IS/MND -
EAlFONSI, and a Mitigation Monitoring and Reporting Report. MFA will
first prepare a draft comment response matrix to document the proposed
responses to the comments received during the public circulation period
and at the public meeting. MFA will submit the draft comment response
matrix (1 electronic and 1 print-ready hard copy) to the City for one cycle
of review and comment, and then following approval by the City, to
Caltrans for one cycle of review and comment. Following approval of the
draft comment response matrix by the City and Caltrans, MFA will
assemble the Administrative Final IS/MND - EAlFONSI document. The
Administrative Final IS/MND - EAlFONSI (1 electronic and 1 print-ready
hard copy) will then be submitted to City and Caltrans for one concurrent
cycle of review and comment.
5-2. Following the receipt of an integrated set of comments from the City and
Caltrans, a revised Administrative Final IS/MND - EAlFONSI will be
prepared and submitted to the City (1 electronic and 1 print-ready hard
copy). The revised Administrative Final document will then be submitted
8
ATTACHMENT 1
e
by the City to Caltrans for submittal to FHW A for one cycle of review and
comment.
5-3. Following receipt of an integrated set of comments from FHWA, MFA will
prepare the Final ISlMND - EAlFONSI document. MFA will submit the
Final IS/MND - EAlFONSI (1 electronic and 1 print-ready hard copy) to
Caltrans for one cycle of review and approval. MFA will then prepare and
submit up to 50 copies of the final document and 1 electronic copy of the
document on compact disk to the City for final distribution.
5-4. Assuming the City approves the proposed project and the Final IS/MND,
MFA will prepare a Notice of Completion (NOC) and Notice of
Determination (NOD) for submittal to the State Clearinghouse. This will
begin the CEQA 3D-day statute of limitations period and shall be
considered the final CEQA environmental documentation task for MFA.
5-5. If requested to do so by the City and Caltrans, MFA will prepare a Notice
of Availability of the Final EAlFONSI (1 electronic and 1 print-ready hard
copy) for submittal to the affected units of federal, state, and local
government, including the State Clearinghouse. This shall be considered
the final NEPA environmental documentation task for MFA.
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\Iount \'ernon A\Cnuc Bridge Replacement Project N
Cit~ or San Bernardino, San Bernardino ('OUl1t~, ('alif"rnia
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.
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
December 5, 2003
TO:
Michael Grubbs, Acting City Engineer
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2003-326
At the Mayor and Common Council meeting of December I, 2003, the City of San Bernardino
adopted Resolution 2003-326 - Resolution approving a services agreement with Myra 1. Frank
& Associates, Inc., for provision of professional environmental services for the design of the Mt.
Vernon Avenue viaduct over the BNSF Railroad.
Attached is one (1) original agreement. Please obtain signatures in the appropriate location and
return the original agreement to the City Clerk's Office as soon as possible, to my attention.
Please be advised that the resolution and agreemeut will be null aud void if not executed
within 60 days, or by January 30, 2004.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Michelle Taylor
Senior Secretary
owledge receipt ofthe above mentioned documents.
Signe
Date:
IZ(f'to "3
Please sign and return
CITY OF SAN BERNARDINO
Interoffice Memorandwn
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
January 26,2004
TO:
Mary Freiberg, Senior Admin. Ops. Supervisor
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2003-326 - Myra L. Frank & Associates, Inc.
CC:
Veronica Martinez, Senior Secretary
Attached is a fully executed copy of the agreement with Myra L. Frank & Associates, Inc., for
provision of professional enviromnental services for the design of the Mt. Vernon Avenue
viaduct over the BNSF Railroad. The original agreement is on file in the City Clerk's Office.
If you have any questions. please call me at ext. 3206.
.
. ,
J.,
.
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): ~ 2- -I-O~ Item #
Vote: Ayes 1-" Nays.e-
Change to motion to amend original documents:
\ L\ Resolution # '2 6:J 3 - 3 z. (.,
Abstain .R-'r Absent -&-
Reso. # On Attachments: V Contract term: --
Note on Resolution of Attachment stored separately: -==---
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
Null/Void After: (,0 0 p-?.:s. J / -30 --6'-j
I
By: -
Date Sent to Mayor: \ '2.--"Z. -03
Date of Mayor's Signature: 12-3-0 '3
Date ofClerklCDC Signature: \ 'Z.-4-o-:>,
Reso. Log Updated: ~
Seal Impressed: v"
Date Memo/Letter Sent for Signature:
i"Z:-5 -0.3
See Attached: ~ Date Returned:
See Attached:
See Attached:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes ,/ No By
Yes No~ By
Yes No ,/ By
Yes NO-5 By
Yes No
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:_
Date:
Revised 01112/01