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CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director
Subject: Resolution authorizing the
execution of Amendment No. I to
Agreement with Lilbum Corporation for the
preparation of environmental documents for
State Street Improvements between 5th
Street and 16th Street.
Dept: Development Services
Date: February 27, 2007
File No. 1.7245
Synopsis of Previous Council Action:
07/24/00
01122/01
06/18/01
07/09/01
02/04/02
MCC Date: 03-19-2007
Resolution adopting 2000/200 I - 2004/2005 Capital Improvement Program.
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.
Resolution approving Contract No. 01-082 with San Bernardino Associated Governments for
the State Street Extension Project.
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 (Acct. Nos. 129-367-
5504-7059; 129-367-5504-7060; 129-367-5504-7238; and 242-362-5504-7245).
Adopted Resolution No. 2002-36 approving Agreement with Lilburn Corporation for
preparation of environmental documents for the extension of State Street.
Recommended Motion:
Adopt Resolution.
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Valerie C. Ross
Contact person:
Mike Grubbs. Proiect Manager
Phone:
5179
Supporting data attached: Staff Report, Reso. & Amend. No. I Ward: 6
FUNDING REQUIREMENTS: Amount: $25,000.00
Source: (Acct. Nos.) 242-362-5504-7245 & 129-367-5504-7245
Acct. Description:
State Street construction from 5th Street to
16th Street.
Finance:
Council Notes:
Agenda Item No. 3
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
Resolution authorizing the execution of Amendment No. I to Agreement with Lilbum
Corporation for the preparation of environmental documents for State Street Improvements
between 5th Street and 16th Street.
Backl!:round:
On June 18,2001, the City executed a contract with SANBAG to utilize $2,005,000 of Federal
Highway Surface Transportation Project (STP) funds for the extension of State Street between
5th Street and 16th Street. Because federal funding is involved, the City is required to comply
with the National Environmental Policy Act (NEPA). NEPA compliance for the project is
subject to both Caltrans and Federal Highway Administration (FHW A) approval.
On February 4, 2002, an Agreement was executed with Lilbum Corporation in the amount of
$61,174 for the preparation of environmental documents needed for compliance with NEP A.
Lilbum subsequently completed a draft Environmental Assessment (EA) for the City's submittal
to Caltrans. The environmental process through Caltrans Local Assistance was not completed as
a result of: I) Caltrans requesting additional information; 2) Caltrans change in guidelines; and
3) numerous delays, primarily due to changes in Caltrans personnel assigned to the project.
Therefore, the environmental document is now outdated and subject to revision based on revised
Caltrans guidelines.
In order to renew the process, it will be necessary to meet for an on-site field review with
Caltrans and to get both Caltrans and FHW A approval for the Preliminary Environmental Study
(PES). A completed PES form was submitted in 2001, but it was never formally adopted by
those two agencies. An updated PES form was submitted to Caltrans in December of 2006 and
the City requested an on-site field review with Caltrans. After the field review, approval of the
PES, and several additional meetings with Caltrans to agree on the content of the EA, Lilbum
Corporation will have sufficient information to provide the City with a new Scope of Work and
Cost to prepare a new EA.
There will be substantial revisions required, at a minimum, due to the following:
. New Caltrans Guidelines that include additional studies not required in 2001 (e.g.
Community Impact Analysis, Visual Impact Analysis, Natural Environment Study).
. FHWA has indicated that the extent of the study area may be expanded (e.g. 1-10 to 1-
210).
. Biological Surveys are outdated.
. Air Quality Analyses will require modification to incorporate new modeling and new
emissions criteria.
Lilbum Corporation anticipates that attendance at several additional meetings with Caltrans will
be required as well as the need for compilation of information to clearly define the scope of the
environmental documents needed to get the project on track. In order to accomplish this work,
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT - Continued
Lilbum Corporation is requesting an Amendment No. I to its Professional Services Agreement
in the amount of Twenty-five Thousand Dollars ($25,000.00) to cover the costs associated with
Lilbum Corporation continuing to assist the City prior to embarking on a new environmental
document.
Based on experience with other federally funded projects, staff estimates that an additional
$100,000 to $150,000 may be necessary to obtain approval of the studies required for NEP A
clearance. Lilbum Corporation will assist City staff in identifying the necessary studies and
identifying firms qualified to perform the studies. In the case where expensive studies are
required that are not in Lilbum Corporation's scope of services, the City may elect to amend
Lilbum Corporation's contract to modify the scope of services, or contract separately with
another firm.
We anticipate that identification of issues with Caltrans will require about 6 months. Depending
on issues identified, we expect that an additional year will be needed to complete the studies and
the reviews through CaItrans and FHW A.
Financial Impact:
Funding for services associated with this Amendment No. I in the amount of $25,000.00 is
available in the FY 2006/07 budget. All costs incurred will be charged to Acct. Nos. 242-362-
5504-7245 and 129-367-5504-7245.
The cost of this Amendment No. I is reimbursable from FHW A at the rate of 88.53%. Acct. No.
242-362-5504-7245 will be used for an 88.53% reimbursement and Acct. No. 129-367-5504-
7245 will be used for the 11.47% local portion.
Recommendation:
Adopt Resolution.
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
XECUTION OF AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL
ERVICES WITH LILBURN CORPORATION FOR THE PREPARATION OF
NVIRONMENTAL DOCUMENTS FOR STATE STREET IMPROVEMENTS
ETWEEN 5TH STREET AND 16TH STREET.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
ITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor is authorized to execute Amendment No.1 to Agreement
or professional services with Lilburn Corporation, for the preparation of environmental
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ocuments for State Street improvements between 5"' Street and 16th Street. A contract is
ntered into with said firm for the actual costs incurred, not to exceed additional amount of
25,000.00 for a total not to exceed amount of $86,174.00 with a contingency amount of
6,826.00, but such Amendment to Agreement shall be effective only upon being fully
xecuted by both parties. The Mayor is hereby authorized and directed to execute said
mendment No. 1 to Agreement on behalf of the City; a copy of Amendment No. 1 to
greement is attached as Exhibit A and incorporated herein by reference as fully as though set
orth at length.
SECTION 2. This Amendment shall not take effect until the Amendment is fully
igned and executed by the parties, and no party shall be obligated hereunder until the time of
uch full execution. No oral contracts, amendments, modifications or waivers are intended or
uthorized and shall not be implied from any act or course of conduct of any party.
SECTION 3. This resolution is rescinded if the parties to the Amendment fail to
xecute it within sixty (60) days of the passage of the resolution.
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SOLUTION ... AUTHORIZING THE EXECUTION OF AMENDMENT 11\0. 1 TO
GREEMENT FOR PROFESSIONAL SERVICES WITH LILBUR.~ CORPORATION
OR THE PREPARATION OF ENVIRONMENTAL DOCUMENTS FOR STATE
TREET IMPROVEMENTS BETWEEN 5TH STREET AND 16TI1 STREET.
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6 Common Council of the City of San Bernardino at a
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
meeting thereof,
7 eld on the
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,2007, by the following vote, to-wit:
day of
Council Members:
AYES
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NAYS
ABSTAIN
ABSENT
ESTRADA
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Rachel Clark, City Clerk
The foregoing resolution is hereby approved this _day of
,2007.
Patrick J. Morris, Mayor
City of San Bernardino
pproved as to form:
25 ames F. Penman
. 26 ity Attorney
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EXHIBIT "A"
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AMENDMENT NO.1 TO AGREEMENT FOR PROFESSIONAL SERVICES
This AMENDMENT NO I TO AGREEMENT FOR PROFESSIONAL SERVICES, hereinafter
referr~d to as "AMENDMENT NO. I", is made and entered into this of 2007, by
and b~tween the CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred to
as the "CITY" and Lilburn Corporation, a California corporation, hereinafter referred to as
"CONSUL T ANT".
WITNESSETH
WHEREAS, on February 4, 2002, the Mayor and Common Council adopted Resolution No. 2002-36
approving an Agreement for Professional Services with CONSULTANT ("Agreement") to prepare
environmental documents for proposed State Street improvements between 5th Street and 16th Street.
WHEREAS, CONSULTANT performed its duties as required by the original Agreement; and
WHEREAS, reviews by the California Department of Transportation (Caltrans) and the Federal
Highway Administration (FHW A) revealed a need for additional services not covered in the scope of work of
the original Agreement as follows:
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. New Caltrans Guidelines that include additional studies not required at the time of.
approval of the original Agreement (e.g. Community Impact Analysis, Visual Impact
Analysis, Natural Environment Study);
. FHWA requirement that the extent of the study area may be expanded (e.g. 1-10 to 1-210);
. Need to update Biological Surveys;
. Revised Air Quality Analyses required to incorporate new modeling and new emissions
criteria; and
WHEREAS, CONSULTANT has requested an Amendment No. I to Agreement for the additional
services; and
WHEREAS, CITY agrees that the additional services were not covered in the original scope of
services; and
WHEREAS, completion of the additional services by CONSULTANT is necessary for approval of
the environmental documents for State Street.
NOW, THEREFORE, it is mutually agreed, as follows:
I. Section I, Scope of Services, of said Agreement is amended to add the following: CONSULTANT shall
assist CITY in identifying and completing additional environmental studies and documents necessary for
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processing CITY's application through Caltrans for proposed State Street improvements between 5th
Street and 16th Street in accordance with CONSULTANT'S letter proposal, dated February 15,2007,
attached hereto and incorporated herein as Attachment "A."
EXHIBIT "A"
e 2. Section 2, Term of Agreement, of said Agreement is amended to add the following: The term of the
Agreement is extended an additional one year from the date of this Amendment No. I.
3. Section 5(A). Compensation, of said Agreement is amended to add the following: Over the term of this
Amendment No. ]. CONSULTANT shall be paid an additional not-to-exceed amount of $25,000 for a
total not-to-exceed amount as follows:
a)
b)
c)
Services Agreement approved per Reso. No. 2002-36. . . . .
Contingencies authorized by Reso. No. 2002-36. . . . .... . .
Amendment No. ] (this request) . . . . . . . . . . . . . . . . . . . . .
Total not-to-exceed amount. . . . . . . . . . . .
$ 6],174.00
6,826.00
25.000.00
$ 93,000.00
4. All other terms and conditions of said Agreement approved by Resolution No. 2002-36 shall remain
unchanged.
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EXHIBIT "A"
_AMENDMENT NO.1 TO AGREEMENT FOR PROFESSIONAL SERVICES
.. with Lilburn Corporation, a California Corporation
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. I to be executed on
the date written above by their duly authorized officers on their behalf.
ATTEST:
CITY OF SAN BERNARDINO
Rachel Clark, City Clerk
City of San Bernardino
BY:
Patrick J. Morris, Mayor
City of San Bernardino
BY:
LlLBURN CORPORA TlON
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BY:
Signature
NAME:
TITLE:
Approved as to form:
JAMES F. PENMAN
City Attorney
BY:
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LILBURN
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Attachment" A "
Slmll':.:,. l'I",,,,i,,g l\: /:-,w;n'"U1I'lIffll.\I'lTtl'("\
February 15, 2007
City of San Bernardino
Development Services Department
Public Works Division
Alln: Mr. Mike Grubbs, Project Manager
300 North "D" Street
San Bernardino, CA 92418-0001
SUBJECT: Request for Change Order - State Street Environmental Compliance
Dear Mike:
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Lilburn Corporation was authorized to begin work on an environmental document for the City's
proposed State Street Extension project in December of 2001. We subsequently completed a
Draft Environmental Assessment (EA) for the City's submittal to Caltrans. The environmental
process, through Caltrans Local Assistance was not completed as a result of: I) Caltrans
requesting additional information, 2) Caltrans change in guidelines, and 3) numerous delays,
primarily due to changes in City and Caltrans personnel assigned to the project. Therefore, the
environmental document is now out-dated and subject to revision based on revised Caltrans
guidance.
As you know, the first step will be to meet on-site with Caltrans and to get both Caltrans and
FHW A approval on the Preliminary Environmental Study (PES). The PES form was never
formally adopted by those two agencies when first prepared by the City prior to 200 I. After the
field review, approval of the PES, and meetings with Caltrans to agree on the content of the EA,
Lilburn Corporation will have sufficient information to provide the City with a new Scope of
Work and Cost to prepare a new EA.
There will be substantial revisions required, at a minimum due to the following:
. New Caltrans Guidelines that include additional studies not required in 2001 (e.g.
Community Impact Analysis, Visual Impact Analysis, Natural Environment Study)
. FHWA has indicated that the extent of the study area may be expanded (e.g. 1-10 to 1-
210)
. Biological Surveys are outdated
. Air Quality Analyses will require modification to incorporate new modeling and new
emissions criteria
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1905 Business Center Drive. San Bernardino. CA 92408 . 909-890-1818 . Fax 909-890-1809
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Mr. Mike Grubbs
February 15,2007
Page 2
Attachment "A"
We have most recently assisted the City during late 2005 and 2006 by preparing an Initial Site
Assessment (Caltrans ISA form), revising the Traffic Study to provide FHW A with information
to determine the study area's logical termini, assisting in developing a new PES form, and
attending several meetings with the City and Caltrans in an attempt to get the project back on-
track. All of this work has been outside our original contracted Scope of Work, and
approximately $5,000 has exceeded the approved contract amount.
In the upcoming months, we anticipate our attendance at several other meetings as well as the
compilation of information required to get the scope of the environmental document defined.
With the concurrence of you and Mark Lancaster, we are requesting a Change Order to our
existing contract (P.O. 995676), or the issuance of a new Purchase Order, in the amount of
Twenty-five Thousand Dollars ($25,000.00) to cover the costs associated with Lilbum
Corporation continuing the assist the City prior to embarking on a new environmental document.
Please let me know if additional information is required to process this request.
Sincerely,
G~
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Cheryl A, Tubbs
Vice President of Operations
LILBURN
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