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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 ...
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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.
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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:/~
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Council Notes: Vc&>>-LZCO;:'<5C,
Agenda Item No. J d.w
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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.
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RESOLUTION NO.
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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.
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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
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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
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Agreement is attached as Exhibit A and incorporated herein by reference as fully as though set
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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
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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.
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SECTION 3. This resolution is rescinded if the parties to the Amendment fail to
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23 execute it within sixty (60) days of the passage of the resolution.
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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
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Common Council of the City of San Bernardino at a
meeting thereof,
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, 2002, by the following vote, to-wit:
day of
held on the
8 Council Members:
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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
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26 By: ~A t. Pe/MAM....
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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
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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.
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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.
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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.
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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.
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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
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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
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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.
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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:
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Signature
NAME:
TITLE:
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
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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
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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
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1905 Business Center Drive
San Bernardino, CA 92408
(909) 890-1818
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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! Week I
Data Assembly/Obtain Mannin!! Week 2 - 3
Prepare Proiect Description Week 3
Focused Resource Survevs Week 2 - 5
Complete Screencheck Draft EAlIS Week 6
Citv Staff Review Week 7
Incorporate City Staff Comments Week 8
Caltrans Review & Incorporate Comments Week 8 - II
Final Draft Review Bv City Week 12
Finalize Draft Document and Circulate Week 13
Public Review Period Week 13 - 16
Review Public Comments & Revise EAlIS Week 17 - 18
Review of Screencheck Final EAlIS Bv City Week 19
Prepare Final Document Week 20
Attend City Council Meeting
o.
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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