Agenda - Thursday, October 15, 2020 - SBCTAOct 12, 2019 · minutes or read into the record....

AGENDA Board of Directors Metro Valley Study Session

October 15, 2020

***Start Time: 9:30 AM***

MEETING ACCESSIBLE VIA ZOOM AT: https://gosbcta.zoom.us/j/98852057759

Teleconference

Dial: 1-669-900-6833

Meeting ID: 988 5205 7759

This meeting is being conducted in accordance with Governor Newsom’s

Executive Order N-29-20.

Board of Directors

Valley Representatives

Study Session Chair

Curt Hagman, Supervisor

Fourth District

Study Session Vice-Chair

Dawn Rowe, Supervisor

Third District

Eunice Ulloa, Mayor

City of Chino

Ray Marquez, Council Member

City of Chino Hills

Frank Navarro, Mayor

City of Colton

Acquanetta Warren, Mayor

City of Fontana

Darcy McNaboe, Mayor

City of Grand Terrace

Larry McCallon, Mayor

City of Highland

Rhodes “Dusty” Rigsby, Council Member

City of Loma Linda

John Dutrey, Mayor

City of Montclair

Alan Wapner, Council Member

City of Ontario

L. Dennis Michael, Mayor

City of Rancho Cucamonga

Toni Momberger, Council Member

City of Redlands

Deborah Robertson, Mayor

City of Rialto

John Valdivia, Mayor

City of San Bernardino

Debbie Stone, Mayor

City of Upland

David Avila, Mayor

City of Yucaipa

Mountain/Desert Representatives

Gabriel Reyes, Mayor

City of Adelanto

Art Bishop, Council Member

Town of Apple Valley

Julie McIntyre, Mayor

City of Barstow

Jim Cox, Council Member

City of Victorville

Bill Jahn, Council Member

City of Big Bear Lake

Rebekah Swanson, Council Member

City of Hesperia

Edward Paget, Vice Mayor

City of Needles

Joel Klink, Mayor

City of Twentynine Palms

Rick Denison, Council Member

Town of Yucca Valley

County Board of Supervisors

Robert Lovingood, First District

Janice Rutherford, Second District

Josie Gonzales, Fifth District

Ex-Officio Member – Michael Beauchamp, Caltrans District 8 Director

Ray Wolfe, Executive Director

Julianna Tillquist, General Counsel

https://gosbcta.zoom.us/j/98852057759

pg. 2

San Bernardino County Transportation Authority

San Bernardino Council of Governments

AGENDA

Board of Directors Metro Valley Study Session

October 15, 2020

9:30 AM

MEETING ACCESSIBLE VIA ZOOM AT: https://gosbcta.zoom.us/j/98852057759

Teleconference

Dial: 1-669-900-6833

Meeting ID: 988 5205 7759

Interested persons may submit Public Comment in writing to the Clerk of the Board at

[email protected]. Written comments must acknowledge the Agenda Item

number, and specify whether the commenter wishes the comment be included with the

minutes or read into the record. Comments read into the record will be read for three

minutes; if three minutes pass and there is comment still unread, the time will not be

extended and the remaining comment will not be read. Public Comment must be

submitted no later than 5:00 pm on October 14, 2020.

To obtain additional information on any items, please contact the staff person listed under each

item. You are encouraged to obtain any clarifying information prior to the meeting to allow the

Board to move expeditiously in its deliberations. Additional “Meeting Procedures” and agenda

explanations are attached to the end of this agenda.

CALL TO ORDER

(Meeting Chaired by Curt Hagman)

i. Pledge of Allegiance

ii. Attendance

iii. Announcements

iv. Agenda Notices/Modifications - Melonie Donson

Possible Conflict of Interest Issues

Note agenda item contractors, subcontractors and agents which may require member abstentions

due to conflict of interest and financial interests. Board Member abstentions shall be stated

under this item for recordation on the appropriate item.

1. Information Relative to Possible Conflict of Interest

Note agenda items and contractors/subcontractors, which may require member abstentions

due to possible conflicts of interest.

This item is prepared for review by Board of Directors and Committee members.

Pg. 11

https://gosbcta.zoom.us/j/98852057759

mailto:[email protected]

pg. 3

CONSENT CALENDAR

Items listed on the Consent Calendar are expected to be routine and non-controversial.

The Consent Calendar will be acted upon as a single motion. Items on the Consent Calendar

may be removed for discussion by Board Members.

Consent - Project Delivery

2. Construction Contract Change Orders to On-Going Construction Contracts

Receive and file change order report.

Presenter: Paula Beauchamp

This item is not scheduled for review by any other policy committee or technical

advisory committee.

DISCUSSION ITEMS

Discussion - Project Delivery

3. Major Projects Status Report through September 2020

Receive the Major Projects Status Report for the period through September 2020.



advisory committee.

4. Award of a New Program Project Management and Other Technical Services Contract

That the following be reviewed and recommended for final approval by the Board of

Directors, acting as the San Bernardino County Transportation Authority, at a regularly

scheduled Board meeting:

Approve Contract No. 20-1002357 with Parsons Transportation Group, Inc. to provide

Program Project Management and Other Technical Services for a five-year term in an

amount not-to-exceed $32,500,000.00.



advisory committee. SBCTA General Counsel, Procurement Manager and Risk

Manager have reviewed this item and the draft contract.

5. Award Contract No. 20-1002377 for On-Call Environmental Services




Approve Contract No. 20-1002377 with Vandermost Consulting Services, Inc. to provide

On-Call Environmental Services for a five-year term in an amount not-to-exceed $3,000,000.




Manager have reviewed this item and the draft contract.

Pg. 15

Pg. 22

Pg. 24

Pg. 62

pg. 4

6. State Route 210 Endowment Agreement with San Bernardino Valley Water

Conservation District and San Bernardino Valley Conservation Trust

Receive and file information pertaining to Endowment Agreement, Contract No.

21-1002485, with the San Bernardino Valley Water Conservation District and the

San Bernardino Valley Conservation Trust in the amount of $1,332,216.03, for

implementation of mitigation measures related to the Incidental Take Permit (2018-2017-

062-05) with the California Department of Fish and Wildlife for the State Route 210

Mainline Lane Addition Project.



advisory committee. SBCTA General Counsel and Risk Manager have reviewed this

item and the draft agreement.

7. Preview of the Hearings to Consider Resolutions of Necessity for Parcels for Interstate

10 Cedar Avenue Interchange Improvement Project in the Unincorporated Community

of Bloomington

That the following be reviewed and recommended to proceed to Hearings for Resolutions of

Necessity by the Board of Directors, acting in its capacity as the San Bernardino County

Transportation Authority, at a regularly scheduled Board meeting:

A. Conduct public hearings to consider condemnation of real property required for the

Interstate 10 Cedar Avenue Interchange Improvement Project in the unincorporated

community of Bloomington; and

B. Upon completion of a public hearing, that the Board of Directors adopt the Resolution of

Necessity No. 21-006 authorizing and directing General Counsel, or her designees, to

prepare, commence, and prosecute proceedings in eminent domain for the purpose of

acquiring interests in real property from: Robert Eric Jimenez and Rachel Roselyn Jimenez,

Trustees of the Family Trust of Robert Eric Jimenez and Rachel Roselyn Jimenez Dated

January 23, 1997 (Assessor’s Parcel Number [APN] 0253-052-24) (hereinafter “Jimenez

Trust Property”). The Resolution must be approved by at least a two-thirds majority; and

C. Upon completion of a public hearing, that the Board of Directors adopt the Resolution of



acquiring interests in real property from: Eduardo R. Alvarado and Maria L. Farias, husband

and wife as joint tenants (APN 0253-052-25) (hereinafter “Alvarado/Farias Property”). The

Resolution must be approved by at least a two-thirds majority; and

D. Upon completion of a public hearing, that the Board of Directors adopt the Resolution of



acquiring interests in real property from: Darlene A. Boeche, as Trustee of that certain

Irrevocable Declaration of Trust, known as the Harold and Darlene Boeche Spouse’s By-Pass

Trust; dated February 10, 2015 (APN 0253-052-26) (hereinafter “Boeche Trust Property”).

The Resolution must be approved by at least a two-thirds majority; and

Pg. 142

Pg. 164

pg. 5

Agenda Item 7 (cont.)

E. Upon completion of a public hearing, that the Board of Directors adopt the Resolution of



acquiring an interest in real property from: Louis K. Cofrancesco and Evelyn Cofrancesco,

Co-Trustees, of the Louis K. Cofrancesco and Evelyn Cofrancesco Living Trust, dated

August 12, 2013; Louann Mary Cofrancesco, Trustee of the Louann Mary Cofrancesco

Separate Property Trust, Dated December 21, 2017; Carolyn Bryan, a married woman as her

sole and separate property; and Carol Najera, a married woman, as her sole and separate

property (APN 0252-161-61) (hereinafter “Cofrancesco Property”). The Resolution must be

approved by at least a two-thirds majority; and

F. Upon completion of a public hearing, that the Board of Directors adopt the Resolution of



acquiring an interest in real property from: Thrifty Oil Co., a California Corporation (APN

0253-171-16) (hereinafter “Thrifty Oil Property”). The Resolution must be approved by at

least a two-thirds majority.

Presenter: Timothy Byrne


advisory committee. SBCTA General Counsel has reviewed this agenda item and the

draft resolutions.

8. Monte Vista Grade Separation - Amendment No. 3 to Contract No. 15-1001298




A. Approve Amendment No. 3 to Contract No. 15-1001298 with Simon Wong Engineering,

Inc., a wholly-owned subsidiary of Kleinfelder, Inc., for Construction Management Services

for the Monte Vista Grade Separation Project to extend the contract expiration to

December 31, 2022, and increase the contract amount by $70,000, for a new total not-to-

exceed amount of $3,435,020.

B. Approve waiver of the five-year maximum contract duration in Policy No. 11000, and

authorize extension of the contract duration beyond the five-year limit in order to provide

sufficient time to complete all anticipated work activities.

Presenter: Henry Stultz



Manager have reviewed this item and the draft amendment.

Pg. 176

pg. 6

Public Comment

Brief Comments from the General Public

Interested persons may submit Public Comment in writing to the Clerk of the Board at

[email protected]. Written comments must acknowledge the Agenda Item

number, and specify whether the commenter wishes the comment be included with the

minutes or read into the record. Comments read into the record will be read for three

minutes; if three minutes pass and there is comment still unread, the time will not be

extended and the remaining comment will not be read. Public Comment must be

submitted no later than 5:00 pm on October 14, 2020.

Comments from Board Members

Brief Comments from Board Members

ADJOURNMENT

Additional Information

Attendance

Acronym List

Mission Statement

The next Board of Directors Metro Valley Study Session is scheduled for

November 12, 2020.

Pg. 183Pg. 185


pg. 7

Meeting Procedures and Rules of Conduct

During COVID-19 ‘Stay in Place’ Orders

Meeting Procedures - The Ralph M. Brown Act is the state law which guarantees the public’s

right to participate in meetings of local legislative bodies. These rules have been adopted by the

Board of Directors in accordance with the Brown Act, Government Code 54950 et seq., and shall

apply at all meetings of the Board of Directors and Policy Committees. California Governor

Gavin Newsom has issued Executive Order N-29-20 waiving portions of the Brown Act

requirements during the COVID-19 State of Emergency.

Accessibility – During the COVID-19 crisis, meetings are being held virtually using web-based

or telephone technologies. If accessibility assistance is needed in order to participate in the

public meeting, requests should be made through the Clerk of the Board at least three (3)

business days prior to the Board meeting. The Clerk can be reached by phone at (909) 884-8276

or via email at [email protected].

Agendas – All agendas are posted at www.gosbcta.com/board/meetings-agendas/ at least 72

hours in advance of the meeting. Staff reports related to agenda items may be reviewed online at

that web address.

Agenda Actions – Items listed on both the “Consent Calendar” and “Discussion” contain

recommended actions. The Board of Directors will generally consider items in the order listed

on the agenda. However, items may be considered in any order. New agenda items can be

added and action taken by two-thirds vote of the Board of Directors or unanimous vote of

members present as provided in the Ralph M. Brown Act Government Code Sec. 54954.2(b).

Closed Session Agenda Items – Consideration of closed session items excludes members of the

public. These items include issues related to personnel, pending litigation, labor negotiations and

real estate negotiations. Prior to each closed session, the Chair will announce the subject matter

of the closed session. If action is taken in closed session, the Chair may report the action to the

public at the conclusion of the closed session.

Public Testimony on an Item – Public Comment may be submitted in writing to the Clerk of

the Board via email at [email protected]. Written comments must acknowledge the

Agenda Item number, and specify whether the commenter wishes the comment be included with

the minutes or read into the record. Comments read into the record will be read for three

minutes; if three minutes pass and there is comment still unread, the time will not be extended

and the remaining comment will not be read. Public Comment must be submitted no later than

5:00 pm the day before the meeting. Members of the public are afforded an opportunity to speak

on any listed item. Individuals wishing to address the Board of Directors or Policy Committee

Members should indicate their request when Public Comment is called for during the meeting.

This request to speak can be achieved by either using the ‘Raise Hand’ feature in Zoom platform

or by verbally stating interest when the Chair calls for Public Comment. When recognized by the

Chair, speakers should be prepared to announce their name for the record. In the interest of

facilitating the business of the Board, speakers are limited to three (3) minutes on each item.

Additionally, a twelve (12) minute limitation is established for the total amount of time any one

individual may address the Board at any one meeting. The Chair or a majority of the Board may

establish a different time limit as appropriate, and parties to agenda items shall not be subject to

the time limitations. Members of the public requesting information be distributed to the Board of

Directors must provide such information electronically to the Clerk of the Board via email at

[email protected] no later than 5:00 pm the day before the meeting. The Consent

Calendar is considered a single item, thus the three (3) minute rule applies. Consent Calendar

items can be pulled at Board member request and will be brought up individually at the specified

time in the agenda allowing further public comment on those items.


http://www.gosbcta.com/board/meetings-agendas/



pg. 8

Agenda Times – The Board is concerned that discussion take place in a timely and efficient

manner. Agendas may be prepared with estimated times for categorical areas and certain topics

to be discussed. These times may vary according to the length of presentation and amount of

resulting discussion on agenda items.

Public Comment – At the end of the agenda, an opportunity is also provided for members of the

public to speak on any subject within the Board’s authority. Matters raised under “Public

Comment” may not be acted upon at that meeting. “Public Testimony on an Item” still applies.

Disruptive or Prohibited Conduct – If any meeting of the Board is willfully disrupted by a

person or by a group of persons so as to render the orderly conduct of the meeting impossible,

the Chair may recess the meeting or order the person, group or groups of person willfully

disrupting the meeting to be removed from the virtual meeting. Disruptive or prohibited conduct

includes without limitation: addressing the Board without first being recognized, not addressing

the subject before the Board, repetitiously addressing the same subject, posting profane or rude

content in the virtual meeting environment, or otherwise preventing the Board from conducting

its meeting in an orderly manner. Your cooperation is appreciated!

pg. 9

General Practices for Conducting Meetings

of

Board of Directors and Policy Committees

Attendance.

The Chair of the Board or a Policy Committee (Chair) has the option of taking attendance

by Roll Call or Self-Introductions. If attendance is taken by Roll Call, the Clerk of the

Board will call out by jurisdiction or supervisorial district. The Member or Alternate will

respond by stating his/her name. If attendance is by Self-Introduction, the Member or

Alternate will state his/her name and jurisdiction or supervisorial district.

A Member/Alternate, who arrives after attendance is taken, shall announce his/her name

prior to voting on any item.

A Member/Alternate, who wishes to leave the meeting after attendance is taken but

before remaining items are voted on, shall announce his/her name and that he/she is

leaving the meeting.

Basic Agenda Item Discussion.

The Chair announces the agenda item number and states the subject.

The Chair calls upon the appropriate staff member or Board Member to report on the

item.

The Chair asks members of the Board/Committee if they have any questions or

comments on the item. General discussion ensues.

The Chair calls for public comment based on “Request to Speak” forms which may be

submitted.

Following public comment, the Chair announces that public comment is closed and asks

if there is any further discussion by members of the Board/Committee.

The Chair calls for a motion from members of the Board/Committee.

Upon a motion, the Chair announces the name of the member who makes the motion.

Motions require a second by a member of the Board/Committee. Upon a second, the

Chair announces the name of the Member who made the second, and the vote is taken.

The “aye” votes in favor of the motion shall be made collectively. Any Member who

wishes to oppose or abstain from voting on the motion, shall individually and orally state

the Member’s “nay” vote or abstention. Members present who do not individually and

orally state their “nay” vote or abstention shall be deemed, and reported to the public, to

have voted “aye” on the motion.

The Vote as specified in the SANBAG Bylaws.

Each Member of the Board of Directors shall have one vote. In the absence of the

official representative, the alternate shall be entitled to vote. (Board of Directors only.)

Voting may be either by voice or roll call vote. A roll call vote shall be conducted upon

the demand of five official representatives present, or at the discretion of the presiding

officer.

Amendment or Substitute Motion.

Occasionally a Board Member offers a substitute motion before the vote on a previous

motion. In instances where there is a motion and a second, the maker of the original

motion is asked if he or she would like to amend his or her motion to include the

substitution or withdraw the motion on the floor. If the maker of the original motion does

not want to amend or withdraw, the substitute motion is voted upon first, and if it fails,

then the original motion is considered.

Occasionally, a motion dies for lack of a second.

pg. 10

Call for the Question.

At times, a Member of the Board/Committee may “Call for the Question.”

Upon a “Call for the Question,” the Chair may order that the debate stop or may allow for

limited further comment to provide clarity on the proceedings.

Alternatively and at the Chair’s discretion, the Chair may call for a vote of the

Board/Committee to determine whether or not debate is stopped.

The Chair re-states the motion before the Board/Committee and calls for the vote on the

item.

The Chair.

At all times, meetings are conducted in accordance with the Chair’s direction.

These general practices provide guidelines for orderly conduct.

From time-to-time circumstances require deviation from general practice.

Deviation from general practice is at the discretion of the Chair.

Courtesy and Decorum.

These general practices provide for business of the Board/Committee to be conducted

efficiently, fairly and with full participation.

It is the responsibility of the Chair and Members to maintain common courtesy and

decorum.

Adopted By SANBAG Board of Directors January 2008

Revised March 2014

Revised May 4, 2016

Entity: San Bernardino Council of Governments, San Bernardino County Transportation

Authority

Minute Action

AGENDA ITEM: 1

Date: October 15, 2020

Subject:

Information Relative to Possible Conflict of Interest

Recommendation:

Note agenda items and contractors/subcontractors, which may require member abstentions due to

possible conflicts of interest.

Background:

In accordance with California Government Code 84308, members of the SBCTA Board may not

participate in any action concerning a contract where they have received a campaign contribution

of more than $250 in the prior twelve months from an entity or individual, except for the initial

award of a competitively bid public works contract. This agenda contains recommendations for

action relative to the following contractors:

Consent/Discussion Calendar Items

Item No. Contract No. Principals & Agents Subcontractors

2-A 19-1002181 Granite Construction Company

Joseph P. Richardson

Alcorn Fence Company

Chrisp Company

Drill Tech Drilling & Shoring

Ferreira Construction Co., Inc.

Integrity Rebar Placers

Marina Landscape

Statewide Traffic & Safety Signs

2-B 17-1001599 Lane-Security Paving Joint Venture

Giuseppe Quarta

Joseph Ferndino

Aegis Project Controls Corp.

A.M. Concrete

Antigo Construction

Apex Logistics

Arellano Associates, LLC

BC Traffic Rentals

Boral Resources, LLC

Bridge Deck Solutions

C Below

CalPortland Company

Cal-Stripe

Cemex

CGO Construction

CH2M Hill Engineers, Inc.

1.1

Packet Pg. 11

Board of Directors Metro Valley Study Session Agenda Item

October 15, 2020

Page 2



CMC Commercial Metals

Conco Pumping

Con-Fab California

CTI Milling

CW Allied, Inc.

Diversified Landscape

Dywidag Systems

EBS General Engineering, Inc.

ECS

Euclid Chemical Company

Ferreira Construction

Fitzgerald Formliners

Fleming & Sons Concrete

Forefront Deep Foundations

Foundation Pile

FPL and Associates, Inc.

Fryman Management, Inc.

G3 Quality, Inc.

G&F Concrete Cutting

Global Road Sealing

Golden State Boring & Pipe

Hanes Geo Components

Harber Companies

Highlight Electric

Irvine Pipe Company

ISCO Industries

JC Supply & Manufacturing

JT Construction Products, LLC

L Johnson Construction

L.B. Foster Construction

Malcolm Drilling Company

Michael Baker International, Inc.

Miranda Logistics

Murphy Industrial Coatings

Pacific Corrugated Pipe Co.

Peri Formworks

Pipe Jacking Trenchless, Inc.

Pro-Cast Products, Inc.

1.1

Packet Pg. 12


October 15, 2020

Page 3



PQM, Inc.

The R. J. Noble Company

Rupert Construction Supply

Sierra Landscape Development

Skyline Steel

Spartan Mat, LLC

Statewide Traffic Safety and Signs, Inc.

Strength Transportation Management

Titan Constructor Engineering

V&A, Inc.

Vulcan Materials

2-C 18-1001967 C.A. Rasmussen, Inc.

Charles Rasmussen

Cal Stripe

Case Pacific

DC Hubs Construction

Integrity Rebar Placers

Power Up Enterprises

Reycon Construction

Statewide Traffic Safety & Signs

4 20-1002357 Parsons Transportation Group

Ernie Figueroa

Bender Rosenthal, Inc.

Costello Consulting

S2 Engineering

The Right of Way Company

Value Management Strategies, Inc.

5 20-1002377 Vandermost Consulting Services, Inc.

Julie Beeman

A/E Tech, LLC

Atlas Technical Consultants

Clark & Green Associates

Group Delta Consultants, Inc.

iLanco Environmental, LLC

Natures Image

Urbana Preservation & Planning

7

APN

0253-052-24

Family Trust of Robert Eric Jimenez and

Rachel Roselyn Jimenez

Robert Eric Jimenez

Rachael Roselyn Jimenez

None

7 APN

0253-052-25

Eduardo R. Alvarado

Maria L. Farias

None

1.1

Packet Pg. 13


October 15, 2020

Page 4



7

APN

0253-052-26

That Certain Irrevocable Declaration of

Trust, known as the Harold and Darlene

Boeché Spouse’s By-Pass Trust

Darlene A. Boeché

None

7

APN

0252-161-61

Louis K. Cofrancesco and Evelyn

Confrancesco Living Trust

Louis K. Cofrancesco

Evelyn Cofrancesco

None

Louann Mary Cofrancesco Separate

Property Trust

Louann Mary Cofrancesco

None

Carolyn Bryan None

Carol Najera None

7 APN

0253-171-16

Thrifty Oil Co., a California Corporation None

8 15-1001298 Simon Wong Engineering, Inc. a wholly-

owned subsidiary of Kleinfelder, Inc.

Marc McIntyre

CLM Professional Services, Inc.

DHS Consulting

Dynamic Engineering Services, Inc.

Kleinfelder, Inc.

Psomas

SYRUSA Engineering, Inc.

ZT Consulting Group, Inc.

Financial Impact:

This item has no direct impact on the budget.

Reviewed By:

This item is prepared for review by Board of Directors and Committee members.

Responsible Staff:

Paula Beauchamp, Director of Project Delivery and Toll Operations

Approved



Witnessed By:

1.1

Packet Pg. 14

Entity: San Bernardino County Transportation Authority

Minute Action

AGENDA ITEM: 2


Subject:

Construction Contract Change Orders to On-Going Construction Contracts

Recommendation:

Receive and file change order report.

Background:

San Bernardino County Transportation Authority (SBCTA) has ten (10) on-going construction

contracts, of which three (3) have had Construction Change Orders (CCOs) approved since the

last reporting to the Board of Directors Metro Valley Study Session through September 23, 2020.

The CCOs are listed below.

A. Contract Number (CN) 19-1002181 with Granite Construction Company for the Archibald

Avenue Improvements Project at State Route 60 (SR 60): CCO No. 3 ($25,000.00 increase to

compensate the Contractor for maintaining traffic during construction).

B. CN 17-1001599 with The Lane-Security Paving Joint Venture for the Interstate 10 (I-10)

Corridor Contract 1 Project, Design-Build Contract: CCO No. 24 ($470,125.00 credit due to

Geometric Approval Document (GAD) and Right-of-Way (ROW) revisions) and CCO No. 25

($322,150.00 credit due to the deletion of Sound Wall 1190 from the project).

C. CN 18-1001967 with C.A. Rasmussen, Inc. for the US 395 Phase 1 Widening Project:

CCO No. 15 Supplement 2 ($34,801.30 increase to compensate the Contractor for revised bid

item quantities), CCO No. 19 Supplement 1 ($5,000.00 in additional funds to compensate the

Contractor for adjusting the existing manholes to grade), CCO No. 29 and CCO No. 29

Supplement 1 ($50,000.00 and $7,000.00 increases respectively, to compensate the Contractor

for additional pavement markings and striping) and CCO No. 30 ($50,000.00 increase to

compensate the Contractor for revised Joshua Wash Bridge wingwalls).

Financial Impact:

This item imposes no financial impact, as all CCOs are within previously approved contingency

amounts under: Task No. 0820 Freeway Projects, Sub-Task Nos. 0823 I-10 Corridor Contract 1

and 0891 US 395 Widen SR 18/ Chamberlaine/City Adelanto and Task No. 0830 Interchange

Projects, Sub-Task No. 0894 SR 60 Archibald Avenue Interchange.

Reviewed By:

This item is not scheduled for review by any other policy committee or technical advisory

committee.

Responsible Staff:


Approved



Witnessed By:

2

Packet Pg. 15


Construction Change Orders Log

Bolded - Construction Change Orders approved since the last reporting to the Metro Valley Study Session

Amounts shown in parentheses represent a credit to the Agency

I-10 Cherry Avenue Landscaping EEP – Executed Change Orders

Number Description Amount

1 Remove Broken Sidewalk Skim-Coat Concrete $1,500.00

2 Irrigation Repairs at Arrow Truck Sales $1,000.00

3 Replace Sidewalk $56,700.00

4 Added 21 Working Days to the Contract $2,867.58

4 S-1 Add 15 Working Days to the Contract $6,144.82

5 Replenishment of Existing Wood Mulch $93,572.50

CCO TOTAL $161,784.90

TOTAL CONTINGENCY AND SUPPLEMENTAL $188,613.00

I-10 Tippecanoe Avenue Landscaping EEP – Executed Change Orders


1 Replace Frost Damaged Plant Material $796.00

2 Replace Caltrans Phase I Irrigation Controller $7,777.09

3 Additional Tree Replacement $859.86

CCO TOTAL $9,432.95


Archibald Avenue Improvements Project at SR 60 – Executed Change Orders


3 Maintain Traffic $25,000.00

5 Staging Changes ($267.57)

6 Partnering $20,000.00

7 Stormwater Pollution Prevention Program Maintenance $25,000.00

13 Water Line Revisions Due to COVID-19 $55,889.00

CCO TOTAL $125,621.43

TOTAL CONTINGENCY AND SUPPLEMENTAL $2,122,333.00

SR 210 Lane Addition, Base Line I/C and Pavement Rehabilitation – Executed Change Orders


1 Maintain Traffic SR 210 Lane Addition $300,000.00

2 Maintain Traffic SR 210 Base Line Interchange $50,000.00

3 Maintain Traffic SR 210 Pavement Rehabilitation $150,000.00


5 Dispute Resolution Board $50,000.00

6 Federal Training Program $50,000.00

7 Storm Water Best Management Practice Maintenance $100,000.00

8 Existing Roadway Repair $80,000.00

9 Bird Exclusionary Devices $50,000.00

CCO TOTAL $930,000.00


2.a

Packet Pg. 16

Att

ach

men

t: C

CO

Lo

g (

7065

: C

on

stru

ctio

n C

on

trac

t C

han

ge

Ord

ers

MV

SS

2010

)



SR 210 Pepper Avenue Interchange EEP – Executed Change Orders


1 Repairs to Existing Site Irrigation $10,000.00

CCO TOTAL $10,000.00


I-215 Segment 1 & 3 Landscape Replacement Project – Executed Change Orders


1 Maintain Public Traffic $25,000.00

2 Storm Water Shared Costs $25,000.00

3 Establish Dispute Resolution Advisor $5,000.00

4 Remove and Dispose of Rock Cobble $10,000.00

4 S-1 Additional Funds $15,000.00


5 Cleaning of Drainage Systems $25,000.00

6 Removal of Dead Trees $10,000.00

7 Change from 15 Gallon to 5 Gallon Plant Size ($43,663.00)


8 Repairs to Existing Facilities $3,000.00





9 Lane Closure Chart Revisions $0.00

9 S-1 Lane Closure Chart Revisions $0.00

10 PVC Ball Valve $0.00

11 Repair Fiber Optic Cable $4,070.87

12 Irrigation Water Payment $32,384.52












12 S-12 Additional Funds $466.51


13 Increase in Gravel Mulch Costs $158,215.90

14 Repair Damage by Others $6,000.00

15 Additional Electrical Work $976.73

16 Additional Plant Establishment Work $5,000.00

2.a

Packet Pg. 17

Att

ach

men

t: C

CO

Lo

g (

7065

: C

on

stru

ctio

n C

on

trac

t C

han

ge

Ord

ers

MV

SS

2010

)




17 Remove Burned Palm Tree $4,000.00

CCO TOTAL $421,353.55


I-215 Segment 2 Landscape Replacement Project – Executed Change Orders





4 Remove and Dispose of Rock Cobble $10,000.00

4 S-1 Additional Funds to Remove BNSF Ballast $40,000.00

4 S-2 Additional Funds to Remove and Dispose of Rock Cobble $20,000.00

4 S-3 Additional Funds to Remove and Dispose of Rock Cobble $3,000.00


6 Removal of Dead Trees $10,000.00

7 Revised Special Provisions for the Cost of Water $0.00

7 S-1 Water Cost Adjustment $5,000.00

8 Irrigation Revisions $656.30

9 Relocate Trees and Irrigation outside of Clear Recovery Zone $10,000.00


10 Service Connection for Irrigation $5,000.00


11 Revised Ball Valves Specifications $0.00

14 Revised Gravel Mulch Specifications $0.00

15 Added Irrigation Booster Pump $48,457.80

16 Added Closure Charts $0.00

17 Gravel Mulch Adjustment $187,717.00

CCO TOTAL $398,037.26


I-10 Corridor Contract 1

Design Build – Executed Change Orders


1 Establish Dispute Review Board $75,000.00


3 100 Day Extension for Utility Information Submittal $0.00

4 Addition of Executed Utility Agreements to Technical Provisions $0.00

4 S-1 Executed / Revised Utility Agreements $0.00



5 Overhead Sign Location Change $0.00

7 Provide for CHP & Maintenance Observation/Enforcement Area $0.00

11 Revised Pavement Delineation Detail $0.00

2.a

Packet Pg. 18

Att

ach

men

t: C

CO

Lo

g (

7065

: C

on

stru

ctio

n C

on

trac

t C

han

ge

Ord

ers

MV

SS

2010

)



12 Mass Concrete Specification Revision $0.00

13 Temporary ITS Traffic Monitoring Stations $0.00

14 Concurrent Closure of 6th Street and Campus Avenue Bridges $0.00

15 Modify Utility Relocation Work Packages $0.00

16 Revised Requirements for Shop Drawings Submittals $0.00

17 Revised Ramp Lane Closure Requirements $0.00

18 Revised Tech Provision 14.3.5 “Design Submittals” Requirements $0.00

19 Modifications to the Project Aesthetics and Landscape Master Plan $0.00

20 Added Pool Removal and (2) Electrical Panel Replacements $42,790.00

21 Revised SHOPP Pavement Rehabilitation Work Limits $657,200.00

22 Revised East End Ultimate Paving Limits $257,050.00

23 4th Street Striping $14,000.00

24 GAD and ROW Revisions ($470,125.00)

25 Deletion of Sound Wall 1190 ($322,150.00)

CCO TOTAL $343,765.00


Toll Service Provider – Executed Change Orders


1 Establish Dispute Review Board $75,000.00

2 Partnering $0.00

3 Right of Way (ROW) Revisions $0.00

4 Revised NTP 2 Start Date $0.00

CCO TOTAL $75,000.00


US 395 Phase 1 Widening Project – Executed Change Orders







6 Buried Man-Made Objects $15,000.00

7 Maintain Existing Temporary Electrical Systems $15,000.00


8 Maintain Temporary Tortoise Fence $15,000.00

9 Revised Temporary HMA Requirements ($11,000.00)

10 Revised Temporary HMA Specifications ($3,180.00)

11 Additional Earthwork $35,905.00

12 Protect Existing Drainage Systems $70,000.00

13 Added Saw Cut to coordinate with Kinder Morgan work $24,304.00

14 Provide Access to A Local Business $11,800.00

15 Quantity Increases; Bid Items 21, 26 & 83 $78,780.00

15 S-1 Revised Bid Item Quantities $356,374.49

15 S-2 Revised Bid Item Quantities $34,801.30

16 Drainage System 14 Modifications $10,270.00

2.a

Packet Pg. 19

Att

ach

men

t: C

CO

Lo

g (

7065

: C

on

stru

ctio

n C

on

trac

t C

han

ge

Ord

ers

MV

SS

2010

)



17 Removal of 31 Concrete Headwalls and Wingwalls $52,583.75

18 Drainage System 7 Modifications $31,356.00

19 Adjust Manholes to Grade $10,000.00


20 Additional HMA Paving for Revised Staging $127,670.90

21 Modified Drainage System Opening on Retaining Wall 794 $4,103.35

22 Revisions at North of Mojave Drive Intersection $150,000.00

23 Revised Pile Cap Concrete Requirement for Sound Wall 875 $217,665.25

25 Added curb on the Southeast Corner of Air Base Road $2,040.00

26 Electrical Design Changes at the Air Base Road Intersection $43,363.00

27 Added Hydroseed $35,324.00

29 Additional Pavement Markings and Striping $50,000.00


30 Revised Joshua Wash Bridge Wingwalls $50,000.00

CCO TOTAL $1,719,161.04


Monte Vista Grade Separation – Executed Change Orders


1 Establish Dispute Resolution Board $15,000.00

1 S-1 Revise Special Provision Language $0.00


2 Partnering Workshop $15,000.00

3 Traffic Control $10,000.00


4 Federal Training Program $12,000.00

5 Post-Tensioning Duct Size Change $0.00


8 Relocate 8” Water Line $8,000.00


9 Drainage System for Adjacent Property $14,925.00

10 Masonry Block Change $0.00

11 Sewer Lateral Piping Size Change $6,013.00

12 Future Electrical Conduits for Montclair $39,385.00

13 Change in Phasing of Work $0.00

14 Precast Girder Reinforcement Change $0.00

15 Change in Phasing of Work $0.00

16 Water Line Modifications $8,790.00

16 S-1 TRO Payment for Delays Related to CCO No. 16 $124,800.00


17 Modify Overhead Signs and Install Pedestrian Barricades $6,765.97

21 Additional Sewer Service Lateral Connections $10,850.00

22 Girder Reinforcement Splicing Option $0.00

2.a

Packet Pg. 20

Att

ach

men

t: C

CO

Lo

g (

7065

: C

on

stru

ctio

n C

on

trac

t C

han

ge

Ord

ers

MV

SS

2010

)



23 Deleting Sidewalk ($12,540.00)

25 HMA Along Private Access Road $16,000.00

26 Temporary Embankment for SCE $15,000.00

27 Temporary Shoring for SCE $60,00.00

28 Modify Water Line in Conflict with SCE $10,000.00

29 Storm Drain Lateral Realignment $14,110.00

31 Driveway for Future Development $3,187.80

32 Potholing/Locating AT&T & Level 3 Utilities $60,000.00

33 Deduction for Rejected Piles ($10,000.00)

34 Modified Quantities Due to the Field Conditions $29,257.95

34 S-1 Modified Quantities Due to the Field Conditions $105,453.57

34 S-2 Modified Quantities Due to the Field Conditions $9,450.00

35 Conduit for SCE Service Connection for Traffic Signal System $8,000.00

36 Additional MSE Wall Drainage $8,000.00

37 Water Supply Modifications $15,000.00

38 Seal Coat Specification Change ($2,000.00)

39 Removal of UPRR Sign Foundations $5,000.00

41 Resolution of NOPC No. 3 ($59,986.00)

42 Revised Canopy at Taxi Yard $0.00

43 Landscaping Revisions $11,286.00

44 Added Headwall and Retaining Curb $10,000.00

45 Drainage Inlet Repair Damaged by Public $7,500.00


46 Project Substantial Completion $0.00

47 Wire Mesh Substitution $15,000.00

48 Fence and Gate Revisions $52,336.60

49 Monument Modifications $6,500.00

49 S-1 Additional Monument Modifications $46,000.00

52 Additional work required by UPRR $10,577.00

53 Additional Erosion Control $16,000.00

54 Fence Repairs Damaged by Public $13,184.00

CCO TOTAL $815,302.95


2.a

Packet Pg. 21

Att

ach

men

t: C

CO

Lo

g (

7065

: C

on

stru

ctio

n C

on

trac

t C

han

ge

Ord

ers

MV

SS

2010

)


Minute Action

AGENDA ITEM: 3


Subject:

Major Projects Status Report through September 2020

Recommendation:

Receive the Major Projects Status Report for the period through September 2020.

Background:

The San Bernardino County Transportation Authority (SBCTA) Major Projects Status Report is

a high-level summary of current active projects managed by Project Delivery staff.

Project information presented includes: a description of the project improvements, the status of

the project, the overall schedules, cost, and funding. For this edition of the Major Projects Status

Report, which covers the period through September 2020, staff would like to highlight the

following projects:

1. US 395 Widening Phase 1: The main paving and striping work was completed on this

project at the end of June, and final punch list items are currently being finished. The project

improvements are now open to traffic. This $57 million project widens US 395 from 2 to 4 lanes

along the corridor from State Route 18 (Palmdale Avenue) to Chamberlaine Way in the Cities of

Adelanto and Victorville. The project also includes adding turn lanes, traffic signals, and other

improvements for traffic operations through this section of the heavily travelled corridor.

The project was funded with a combination of Federal earmark funds, State Senate Bill 1 (SB 1),

and Measure I funding

2. Interstate 215 (I-215) University Parkway Interchange: This reconfigured interchange

project in the City of San Bernardino achieved Project Approval/Environmental Document

(PA/ED) in July. This milestone marked the California Department of Transportation (Caltrans)

approval of the project based on preliminary design and approval of the environmental

document. This allows the project to proceed to final design and the Right-of-Way (ROW)

phases. The interchange will be reconfigured to a Diverging Diamond Interchange (DDI) which

reduces the number of signals through the interchange and directs traffic movements to the

opposite side of the roadway to facilitate free left turn movements where there are heavy traffic

flows. Final design and ROW work is anticipated to be completed in a little over a year with

construction anticipated to start on this $15 million project in 2022. Project funding utilizes

Federal sources, Measure I, and the City of San Bernardino funds.

3. Interstate 10 (I-10) University Street Interchange: The SBCTA Board of Directors

approved the award of a construction contract for this $6 million project at the

September 2, 2020 meeting. This interchange improvement project in the City of Redlands will

improve University Street through the I-10 interchange between Citrus and Central Avenues by

adding turn lanes, traffic signals, and other operational improvements as well as providing

freeway ramp widenings. Physical construction is anticipated to start after the beginning of next

year and be substantially complete by late summer/early fall of 2021. This project will utilize

funding from Measure I, the City of Redlands, and State SB 1 funds.

3

Packet Pg. 22


October 15, 2020

Page 2


Financial Impact:

These projects impose no financial impact on the Fiscal Year 2020/2021 Budget.

Reviewed By:


committee.

Responsible Staff:


Approved



Witnessed By:

3

Packet Pg. 23


Minute Action

AGENDA ITEM: 4


Subject:

Award of a New Program Project Management and Other Technical Services Contract

Recommendation:

That the following be reviewed and recommended for final approval by the Board of Directors,

acting as the San Bernardino County Transportation Authority, at a regularly scheduled Board

meeting:

Approve Contract No. 20-1002357 with Parsons Transportation Group, Inc. to provide Program

Project Management and Other Technical Services for a five-year term in an amount

not-to-exceed $32,500,000.00.

Background:

The San Bernardino County Transportation Authority (SBCTA) Board of Directors (Board)

approved the release of a Request for Proposals (RFP) for Program Project Management (PPM)

and other Technical Professional Services in support of the Major Projects Program in

March 2020. The solicitation was issued in accordance with current SBCTA policies and

procedures for procurement of an Architectural and Engineering services contract when it was

posted on SBCTA’s website and distributed to registrants of PlanetBids. Addendum No. 1 was

issued on March 16, 2020, to change the date of the pre-proposal meeting from March 16, 2020

to March 31, 2020. On March 19, 2020, the Governor issued a Stay at Home Order to slow the

spread of COVID-19. Staff was concerned that requirements for social distancing would be a

deterrent and limiting factor to attendance, so a conference call forum was utilized to promote

participation. This was the first time that a pre-proposal meeting would be conducted by staff

through a conference call. Addendum No. 2 was issued on March 30, 2020, which responded to

questions received to date and provided the agenda and presentation from the March 31, 2020

pre-proposal meeting. The pre-proposal meeting was attended by nine (9) individuals

representing seven (7) firms. Addendum No. 3 was issued on April 9, 2020, which provided the

pre-proposal meeting sign-in sheet and noted that the proposal submittal would be completely

electronic. Addendum No. 4 was issued on April 20, 2020, to provide answers to the questions

submitted for the RFP. In addition, due to the sudden work from home situation, staff extended

the proposal due date to allow firms time to adjust.

In 2015, Parsons Transportation Group (Parsons) was the only firm to submit a proposal for the

PPM RFP. At that time, firms who provided similar services were contacted by the Procurement

Analyst to find out why they did not submit a proposal. A couple firms indicated that they did

not have the staffing for a program of this size at that time, while another firm stated that they

had changed their focus to design-build type projects and another did not believe it was in their

best interest to invest in the procurement as they felt that it would be difficult to unseat the

incumbent firm.

Based on the information from the previous procurement of PPM services, the Project Delivery

Department and Procurement met prior to release of the RFP to discuss options to ensure the

highest degree of competition among consultant firms. The RFP was advertised in the

newspaper, on the SBCTA website, and on PlanetBids. Staff also reached out to industry

4

Packet Pg. 24


October 15, 2020

Page 2


organizations to assist in distributing the RFP amongst their membership to solicit interest.

In addition, due to the efforts required to develop a proposal of this magnitude, firms were given

9 weeks to submit a proposal, greater than the typical 6-week timeframe for other major agency

procurements and 4-week timeframe for minor procurements.

Following the pre-proposal meeting, discussions with Procurement focused on whether there was

likely to be a sole proposal. This discussion intensified when questions submitted generally all

came from one proposer. As a result of this anticipated outcome, Procurement emailed over 40

firms to ask whether they were anticipating submitting a proposal. The responses received fell

into two categories: 1) they hoped to be a sub; or 2) they did not have the manpower or resources

to submit a proposal.

On May 6, 2020, a single proposal was received by the date and time specified in the RFP from

Parsons. Despite the efforts of Project Delivery and Procurement staff, based on experience with

previous PPM procurements, feedback from those procurements, and feedback from other

procurements, the submittal of only one proposal did not come as a surprise. Industry leaders

have noted that they have not heard of SBCTA being dissatisfied with the incumbent PPM;

therefore, their cost-benefit analysis did not justify the investment of developing a proposal for

submittal and preparation for an interview. As an example, for a prior SBCTA $11 million

procurement, the winning firm noted that they spent $150,000 to develop a proposal and $50,000

to prepare for the interview. The dollar value of this PPM contract is almost 3 times the example

procurement expense, so an estimated $500,000 investment for proposers needs to be justified by

a reasonable chance of success. Firms questioned during the previous PPM procurement noted

the justification for that investment wasn’t sufficient to warrant submittal of a proposal when

SBCTA received only one proposal. Based on the receipt of only one proposal for this

procurement, it appears this sentiment still holds.

To provide further perspective on long contractual relationships with particular vendors to

provide PPM services, SBCTA reached out to sister agencies to identify how they procure

similar services. Bechtel Infrastructure (Bechtel) has supported Riverside County Transportation

Commission (RCTC) for over 20 years in a PPM role. The Fiscal Year 2018/2019 budget for

Bechtel was $5,058,000 and the Fiscal Year 2019/2020 budget is $6,400,000. Bechtel has

operated under a one-year recurring term for well over a decade. Every June, RCTC staff

presents their Board with a consent item to approve a single year recurring contract for Bechtel’s

services. The RCTC staff report notes that recurring contracts include consultants that provide

unique or specialized services working closely with staff on long-term projects. Further, staff

desires to retain certain consultants on the current contracts due to the consultant’s historical

knowledge, unique experience, and understanding of RCTC and their specific projects. The staff

report justification closes with the notation that under limited circumstances, staff believes it is

more efficient and cost effective to retain the consultant on recurring contracts rather than

rebidding the services and that approval of recurring contracts allows RCTC to continue work on

existing projects without interruptions and maintain consistency.

Mott MacDonald (MM) has served as the Program Management Consultant (PMC) for the

Orange County Transportation Authority (OCTA) Highway Program since at least 2003.

In April 2016, OCTA re-procured PMC services and selected MM to continue in their current

role. During this procurement, OCTA received two proposals for PMC services and MM scored

4

Packet Pg. 25


October 15, 2020

Page 3


94 in the procurement process while the second proposer scored 52, highlighting the difficulty in

unseating an incumbent providing these types of services. In 2003, MM was awarded a four-year

contract extended via amendment by one-year. In 2008 and 2012, MM was awarded four-year

PMC contracts. When the 2012 contract was procured, three proposals were received but only

two were shortlisted with MM being the clear choice to continue providing PMC services.

The MM contract approved in 2016 was for a five-year term with a two-year option term.

In June 2020, OCTA will be requesting their board exercise the two-year option. Following the

two-year option, services will have to be re-procured. The MM contract averages $5 million per

year; however, the next two years will be budgeted at $7.5 million per year. While their program

is much larger than SBCTA’s program, all project control functions and other functions we

require of our PPM team are covered by OCTA staff and the PMC serves in a project

management and advisor role for project delivery of their highway program.

Based on the history of SBCTA sister agencies, it is not unusual to continue a successful

contractual relationship with a particular firm for an extended period of time. However, in order

to maintain consistency with Procurement Policy No. 11000, SBCTA released an RFP for PPM

services rather than negotiate a new sole source agreement with Parsons. Policy No. 11000

allows for a five-year maximum contractual term; therefore, Project Delivery will coordinate

with Procurement to re-procure PPM services at five-year intervals.

A responsiveness review was conducted by the Procurement Analyst and found the proposal to

be responsive. The following is a summary of the events that transpired in the evaluation and

selection process. An Evaluation Panel was created that consisted of SBCTA staff members.

Evaluators conducted their individual reviews of the proposal and convened on May 27, 2020, to

review, discuss, and score the proposal. The Evaluation Panel discussed their measurements of

the proposal against the evaluation criteria, the proposal’s strengths and weaknesses, and the

offerings of the proposed team. The proposal’s strengths included: program continuity, strong

understanding of the upcoming five-year period of activities that are anticipated to occur in the

Major Projects Program, program enhancements, strong staffing plan including depth and

breadth provided with pertinent sub-consultants, and an excellent work plan. The Evaluation

Panel did not find any major weaknesses within the proposal. At the completion of the

discussion, the Evaluation Panel members individually scored the proposal based on the

evaluation criteria which was included in the RFP: Qualifications of the Firm, Related

Experience and References - 30%; Proposed Staffing and Project Organization - 40%; and

Technical Approach/Work Plan - 30%.

Overall, the Evaluation Panel scored the firm a total of three hundred fifty (350) points out of

four hundred (400) possible points. Minor variances in the criteria scores were noted and

discussed. To summarize, the firm clearly demonstrated a thorough understanding of the scope

of work and proposed an overall solid, experienced team as was indicated in the evaluators’

scoring. As a result of the favorable opinion of the Evaluation Panel, staff engaged in

negotiations of the scope of work and contract cost and found that the contract value is consistent

with the independent cost estimate. Staff requests that the Board approve Contract

No. 20-1002357 with Parsons to perform PPM and Other Technical Services in support of the

Major Projects Program over the next five years in an amount not-to-exceed $32,500,000.00.

4

Packet Pg. 26


October 15, 2020

Page 4


Financial Impact:

This item is consistent with the Fiscal Year 2020/2021 Budget and is funded with various local

sources and Measure I.

Reviewed By:


committee. SBCTA General Counsel, Procurement Manager and Risk Manager have reviewed

this item and the draft contract.

Responsible Staff:


Approved



Witnessed By:

4

Packet Pg. 27

Fund Prog Task

Sub-

Task PA Level

GL: 40 0815 0000 0

GL:

GL:

GL:

GL:

GL:

GL:

GL:

GL:

GL:

Accounts Payable

Object Revenue

-

-

Expiration Date:

-

-

Federal/State/Local Professional Services (Non-A&E)

N/A

-$

N/A

Revenue Code Name

N/A NoNHS: QMP/QAP: Prevailing Wage:

Total Contingency:Total Contract Funding:

32,500,000.00$

32,500,000.00

-

-

-

-

-

Project Manager (Print Name)

Paula Beauchamp

Task Manager (Print Name)

Other Contracts

Current Amendment

Total Contingency Value

-$

-$

-$

Description: Program Project Management and Other Technical Services

Contract Management (Internal Purposes Only)

32,500,000.00$

Prior Amendments

Original Contract

-$ -$

-

-

Contract Summary Sheet

Dollar Amount

General Contract Information

Contract Authorization

02/28/2026

Current Amendment -$

32,500,000.00$ Total/Revised Contract Value

20-1002357

Revised Expiration Date:

Total Dollar Authority (Contract Value and Contingency) 32,500,000.00$

Original Contingency

Prior Amendments

01610

Estimated Start Date:

Board of Directors 11/04/2020 Committee

Additional Notes:

Tim Byrne

Date: Item #

52010 - Multi

-

-

-

-

-

-

-

List Any Related Contract Nos.:

Vendor No.:

Contract Class: Payable Project Delivery

03/01/2021

Contract No:

NoSole Source?

Amendment No.:

Department:

Vendor Name: Parsons Transportation Group, Inc.

Form 200 11/2019 1/1

4.a

Packet Pg. 28

Att

ach

men

t: C

SS

20-

1002

357

(68

83 :

Aw

ard

of

a N

ew P

rog

ram

Pro

ject

Man

agem

ent

and

Oth

er T

ech

nic

al S

ervi

ces

Co

ntr

act)

20-1002357 Page 1 of 23

CONTRACT No. 20-1002357

BY AND BETWEEN

SAN BERNARDINO COUNTY

TRANSPORTATION AUTHORITY

AND

PARSONS TRANSPORTATION GROUP INC.

FOR

PROGRAM PROJECT MANAGEMENT AND OTHER TECHNICAL SERVICES

This contract (“Contract”) is made and entered into by and between the San Bernardino County

Transportation Authority, (“SBCTA”), whose address is 1170 W. 3rd Street, 2nd Floor, San

Bernardino, California 92410-1715; and Parsons Transportation Group Inc. (“CONSULTANT”)

whose address is: 3200 East Guasti Road, Suite 200, Ontario, CA 91761. SBCTA and

CONSULTANT are each a “Party” and collectively the “Parties”.

RECITALS:

WHEREAS, SBCTA requires certain work or services as described in Exhibit A of this

Contract; and

WHEREAS, CONSULTANT has confirmed that CONSULTANT has the requisite

professional qualifications, personnel and experience and is fully capable and qualified to perform

the services identified herein; and

WHEREAS, CONSULTANT desires to perform all Work identified herein and to do so for the

compensation and in accordance with the terms and conditions set forth herein.

NOW, THEREFORE, the Parties agree as follows:

4.b

Packet Pg. 29

Att

ach

men

t: C

on

trac

t 20

-100

2357

- P

roje

ct D

eliv

ery

Pro

gra

m P

roje

ct M

anag

emen

t [R

evis

ion

3]

(68

83 :

Aw

ard

of

a N

ew P

rog

ram

Pro

ject

20-1002357 Page 2 of 23

ARTICLE 1. PROJECT DESCRIPTION/SCOPE OF WORK

1.1 CONSULTANT agrees to perform the work and services set forth in Exhibit A – “Scope of

Work”, (“Work”), in accordance with all applicable professional architectural, engineering,

construction management, land surveying and/or materials testing standards which are

generally accepted in the State of California, in accordance with the terms and conditions

expressed herein and in the sequence, time, and manner defined herein. The word "Work”,

as used herein, includes without limitation, the performance, fulfillment and discharge by

CONSULTANT of all obligations, duties, tasks, and Work imposed upon or assumed by

CONSULTANT hereunder; and the Work performed hereunder shall be completed to the

satisfaction of SBCTA, with their satisfaction being based on prevailing applicable

professional standards.

1.2 The Project Manager for this Contract is Paula Beauchamp, or such other designee as shall be

designated in written notice to CONSULTANT from time to time by the Executive Director

of SBCTA or his or her designee. The Project Manager shall have authority to act on behalf

of SBCTA in administering this Contract, including giving notices (including without

limitation, notices of default and/or termination), technical directions and approvals,

demanding performance and accepting work performed, and as otherwise authorized by

SBCTA policies, but is not authorized to receive or issue payments.

ARTICLE 2. CONTRACT TERM

The Contract term shall commence on March 1, 2021, and shall continue in effect through February

28, 2026, or until otherwise terminated, or unless extended as hereinafter provided by written

amendment. Except that all indemnity and defense obligations hereunder shall survive termination of

this Contract. CONSULTANT is not authorized to perform any work under this Contract unless and

until the issuance of a written Notice To Proceed (NTP) by SBCTA’s Procurement Analyst, and

CONSULTANT shall not be compensated for any work performed or costs incurred prior to

issuance of the NTP.

ARTICLE 3. COMPENSATION

3.1 Total compensation to CONSULTANT for full and complete performance of the Scope of

Work, identified herein and, in compliance with all the terms and conditions of this Contract,

shall be on a Time & Materials basis for all obligations incurred in, or application to,

CONSULTANT’s performance of Work, and for which CONSULTANT shall furnish all

personnel, facilities, equipment, materials, supplies, and Services (except as may be explicitly

set forth in this Contract as furnished by SBCTA) shall not exceed the amount set forth in

section 3.2 below.

3.2 The total Contract Not-To-Exceed Amount is (Amount) Dollars ($32,500,000). All Work

provided under this Contract is to be performed as set forth in Exhibit A “Scope of Work”,

and shall be reimbursed pursuant to Exhibit B “Price Form”. The billing rates identified in

Exhibit B include CONSULTANT’s direct labor costs, indirect costs, and profit. All

expenses shall be reimbursed for the amounts identified in Exhibit B. Any travel expenses

must be pre-approved by SBCTA and shall be reimbursed for per diem expenses at a rate not

to exceed the currently authorized rates for state employees under the State Department of

Personnel Administration rules. SBCTA will not reimburse CONSULTANT for any

4.b

Packet Pg. 30

Att

ach

men

t: C

on

trac

t 20

-100

2357

- P

roje

ct D

eliv

ery

Pro

gra

m P

roje

ct M

anag

emen

t [R

evis

ion

3]

(68

83 :

Aw

ard

of

a N

ew P

rog

ram

Pro

ject

20-1002357 Page 3 of 23

expenses, even those shown in Exhibit B, unless those expenses are agreed to and approved

by SBCTA as required under this Contract.

Escalation shall be at a specific rate, as shown on the Bureau of Labor Statistics Employment

Cost Index, Table 5, Compensation (not seasonally adjusted): Employment Cost Index for

total compensation, for private industry workers by occupational group and industry,

Category “Management, professional, and related”, subcategory “Professional and related” or

its successor. The Employment Cost Index will be adjusted, apply to total benefits for the

private industry economic sector, not be seasonally adjusted, but will include a 12-month

percent change. Escalation shall commence as of January 1, 2022, using the prior year

September percent change and shall be applied each January1st for the term of the Contract.

3.3 For personnel subject to prevailing wage rates as described in the California Labor Code, all

wage increases that are the direct result of changes in the prevailing wage rates, are

reimbursable.

3.4 The Cost Principles and Procedures set forth in 48 CFR, Ch. 1, subch. E, Part 31, as

constituted on the effective date of this Contract shall be utilized to determine allowability of

costs under this Contract and may be modified from time to time by written amendment of

the Contract.

3.4.1 CONSULTANT agrees to comply with Federal Department of Transportation

procedures in accordance with 2 CFR, Part 200, Uniform Administrative

Requirements, Cost Principles, and Audit Requirements for Federal Awards.

3.4.2 Any costs for which payment has been made to CONSULTANT that are determined

by subsequent audit to be unallowable under 48 CFR, Ch. 1, subch. E, Part 31, or 2

CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit

Requirements for Federal Awards, shall be repaid by CONSULTANT to SBCTA.

3.5 Any Work provided by CONSULTANT not specifically covered by the Scope of Work shall

not be compensated without prior written authorization from SBCTA. It shall be

CONSULTANT’s responsibility to recognize and notify SBCTA in writing when services

not covered by the Scope of Work have been requested or are required. All changes and/or

modifications to the Scope of Work shall be made in accordance with the “CHANGES”

Article in this Contract. Any additional services agreed to in accordance with this Contract

shall become part of the Work.

3.6 All subcontracts in excess of $25,000 shall contain the above provisions.

ARTICLE 4. TAXES, DUTIES AND FEES

Except to the extent expressly provided elsewhere in this Contract, CONSULTANT shall pay when

due, and the compensation set forth herein shall be inclusive of all: a) local, municipal, State, and

federal sales and use taxes; b) excise taxes; c) taxes on personal property owned by

CONSULTANT; and d) other governmental fees and taxes or charges of whatever nature applicable

to CONSULTANT to enable it to conduct business.

4.b

Packet Pg. 31

Att

ach

men

t: C

on

trac

t 20

-100

2357

- P

roje

ct D

eliv

ery

Pro

gra

m P

roje

ct M

anag

emen

t [R

evis

ion

3]

(68

83 :

Aw

ard

of

a N

ew P

rog

ram

Pro

ject

20-1002357 Page 4 of 23

ARTICLE 5. AVAILABILITY OF FUNDS

The award and performance of this Contract is contingent on the availability of funds. If funds are

not appropriated and/or allocated and available to SBCTA for the continuance of Work performed

by CONSULTANT, Work directly or indirectly involved may be suspended or terminated by

SBCTA at the end of the period for which funds are available. When SBCTA becomes aware that

any portion of Work, which will or may be affected by a shortage of funds, it will promptly notify

CONSULTANT. Nothing herein shall relieve SBCTA from its obligation to compensate

CONSULTANT for Work already performed pursuant to this Contract. No penalty shall accrue to

SBCTA in the event this provision is exercised.

ARTICLE 6. PERMITS AND LICENSES

CONSULTANT shall, without additional compensation, keep current all governmental permits,

certificates and licenses (including professional licenses) necessary for CONSULTANT to perform

Work identified herein.

ARTICLE 7. DOCUMENTATION AND RIGHT TO AUDIT

7.1 CONSULTANT shall maintain all records related to this Contract in an organized way in

the original format, electronic and hard copy, conducive to professional review and audit,

for a period of three (3) years from the date of final payment by SBCTA, or until the

conclusion of all litigation, appeals or claims related to this Contract, whichever is longer.

CONSULTANT shall provide SBCTA, the California State Auditor, or other authorized

representatives of SBCTA, access to Consultants’ records which are directly related to this

Contract for the purpose of inspection, auditing or copying during the entirety of the records

maintenance period above. CONSULTANT further agrees to maintain separate records for

costs of Work performed by amendment. CONSULTANT shall allow SBCTA, and its

representatives or agents to reproduce any materials as reasonably necessary.

7.2 The cost proposal and/or invoices for this Contract are subject to audit by SBCTA and/or

any state or federal agency funding this Project at any time. After CONSULTANT receives

any audit recommendations, the cost proposal shall be adjusted by CONSULTANT and

approved by SBCTA’s Project Manager to conform to the audit recommendations.

CONSULTANT agrees that individual items of cost identified in the audit report may be

incorporated into the Contract at SBCTA’s sole discretion. Refusal by CONSULTANT to

incorporate the audit or post award recommendations will be considered a breach of the

Contract and cause for termination of the Contract. Any dispute concerning the audit

findings of this Contract shall be reviewed by SBCTA’s Chief Financial Officer.

CONSULTANT may request a review by submitting the request in writing to SBCTA

within thirty (30) calendar days after issuance of the audit report.

7.3 Subcontracts in excess of $25,000 shall contain this provision.

ARTICLE 8. RESPONSIBILITY OF CONSULTANT

8.1 CONSULTANT shall be responsible for the professional quality, technical accuracy, and the

assurance of compliance with all applicable federal, State, and local laws and regulations,

and other Work furnished by the CONSULTANT under the Contract. The Contract includes

reference to the appropriate standards for design or other standards for Work performance

stipulated in the Contract.

4.b

Packet Pg. 32

Att

ach

men

t: C

on

trac

t 20

-100

2357

- P

roje

ct D

eliv

ery

Pro

gra

m P

roje

ct M

anag

emen

t [R

evis

ion

3]

(68

83 :

Aw

ard

of

a N

ew P

rog

ram

Pro

ject

20-1002357 Page 5 of 23

8.2 In addition to any other requirements of this Contract or duties and obligations imposed on

CONSULTANT by law, CONSULTANT shall, as an integral part of its Work, employ

quality control procedures that identify potential risks and uncertainties related to scope,

schedule, cost, quality and safety of the Project and the Work performed by CONSULTANT

within the areas of CONSULTANT’s expertise. Risks that may be encountered include, but

are not limited to, soil conditions, constructability, factors of safety, impact on adjacent

properties, public safety, and environmental considerations. At any time during performance

of the Scope of Work, should CONSULTANT observe, encounter, or identify any unusual

circumstances or uncertainties, which could pose potential risk to SBCTA or the Project.

CONSULTANT shall immediately document such matters and notify SBCTA in writing.

CONSULTANT shall also similarly notify SBCTA in regard to the possibility of any natural

catastrophe, potential failure, or any situation that exceeds environmental, design, and/or

construction assumptions and could precipitate a failure of any structure or other part of the

Project. Notifications under this paragraph shall be specific, clear and timely, and in a form

which will enable SBCTA to understand and evaluate the magnitude and effect of the risk

and/or uncertainties involved.

8.3 When a modification to a construction contract is required because of an error or deficiency

in the design Work provided under this Contract, CONSULTANT shall be responsible for

any and all additional costs associated with the construction contract or the construction of

the Project.

8.4 SBCTA shall advise CONSULTANT of their responsibility and collect the amount due,

including but not limited to, withholding of payments, if the recoverable cost will exceed the

administrative cost involved or is otherwise in SBCTA’s best interest. SBCTA shall include

in the Contract Audit File a written statement of the reasons for the decision to recover or

not recover the costs from CONSULTANT.

8.5 CONSULTANT shall, document the results of the Work to the satisfaction of SBCTA. This

may include preparation of progress and final reports, plans, specifications and estimates, or

similar evidence of attainment of SBCTA’s objectives.

8.6 As applicable, the responsible consultant/engineer shall sign all plans, specifications,

estimates (PS&E) and engineering data furnished by him/her, certify as-built drawings, and

where appropriate, indicate his/her California registration or license number.

ARTICLE 9. REPORTING AND DELIVERABLES

All reports and deliverables shall be submitted in accordance with Exhibit A–“Scope of Work”. At

a minimum, CONSULTANT shall submit monthly progress reports with their monthly invoices.

The report shall be sufficiently detailed for SBCTA to determine if the CONSULTANT is

performing to expectations or is on schedule to provide communication of interim findings, and to

sufficiently address any difficulties or problems encountered, so remedies can be developed.

ARTICLE 10. TECHNICAL DIRECTION

10.1 Performance of Work under this Contract shall be subject to the technical direction of

SBCTA’s Project Manager, which will be identified in writing to CONSULTANT, upon

issuance of the NTP and/or subsequently by written notice during the Contract. The term

"Technical Direction" is defined to include, without limitation:

4.b

Packet Pg. 33

Att

ach

men

t: C

on

trac

t 20

-100

2357

- P

roje

ct D

eliv

ery

Pro

gra

m P

roje

ct M

anag

emen

t [R

evis

ion

3]

(68

83 :

Aw

ard

of

a N

ew P

rog

ram

Pro

ject

20-1002357 Page 6 of 23

10.1.1 Directions to CONSULTANT, which redirect the Contract effort, shift work

emphasis between work areas or tasks, require pursuit of certain lines of inquiry, fill

in details or otherwise serve to accomplish the contractual Scope of Work.

10.1.2 Provision of written information to CONSULTANT, which assists in the

interpretation of drawings, reports, or technical portions of the Scope of Work

described herein.

10.1.3 Review and, where required by the Contract, approval of technical reports, drawings,

specifications and technical information to be delivered by CONSULTANT to

SBCTA under the Contract.

10.1.4 SBCTA’s Project Manager may modify this Contract for certain administrative

modifications without issuing a written amendment. Administrative modifications as

defined herein are limited to: substitutions of personnel identified in this Contract,

including Key Personnel and subconsultants; modifications to hourly rates,

classifications, and names of personnel in Exhibit B; and modifications of the

address of the CONSULTANT. All administrative modifications shall be

documented in writing between the Parties.

10.2 Technical Direction must be within the Scope of Work under this Contract. SBCTA’s Project

Manager does not have the authority to, and may not, issue any Technical Direction which:

10.2.1 Increases or decreases the Scope of Work;

10.2.2 Directs CONSULTANT to perform Work outside the original intent of the Scope of

Work;

10.2.3 Constitutes a change as defined in the “CHANGES” Article of the Contract;

10.2.4 In any manner cause an increase or decrease in the Contract price as identified in

Article 3, herein, or the time required for Contract performance unless expressly

authorized by SBCTA policy;

10.2.5 Changes any of the expressed terms, conditions or specifications of the Contract;

unless identified herein;

10.2.6 Interferes with the CONSULTANT's right to perform the terms and conditions of the

Contract; or

10.2.7 Approve any demand or claim for additional payment.

10.3 Failure of CONSULTANT and SBCTA’s Project Manager to agree that the Technical

Direction is within the scope of the Contract, or a failure to agree upon the Contract action

to be taken shall be subject to the provisions of the “DISPUTES” Article herein.

10.4 All Technical Direction shall be issued in writing by SBCTA’s Project Manager.

10.5 CONSULTANT shall proceed promptly with the performance of Technical Direction issued

by SBCTA’s Project Manager, in the manner prescribed by this Article and within their

authority under the provisions of this Article. If, in the opinion of CONSULTANT, any

4.b

Packet Pg. 34

Att

ach

men

t: C

on

trac

t 20

-100

2357

- P

roje

ct D

eliv

ery

Pro

gra

m P

roje

ct M

anag

emen

t [R

evis

ion

3]

(68

83 :

Aw

ard

of

a N

ew P

rog

ram

Pro

ject

20-1002357 Page 7 of 23

instruction or direction by SBCTA’s Project Manager falls within one of the categories

defined in 10.2.1 through 10.2.7 above, CONSULTANT shall not proceed but shall notify

SBCTA in writing within five (5) working days after receipt of any such instruction or

direction and shall request SBCTA to modify the Contract accordingly. Upon receiving the

notification from the CONSULTANT, SBCTA shall:

10.5.1 Advise CONSULTANT in writing within thirty (30) calendar days after receipt of the

CONSULTANT's letter that the Technical Direction is or is not within the scope of

this Contract.

10.5.2 Advise CONSULTANT within a reasonable time whether SBCTA will or will not

issue a written amendment.

ARTICLE 11. CHANGES

11.1 The Work shall be subject to changes by additions, deletions, or revisions made by SBCTA.

CONSULTANT will be advised of any such changes by written notification from SBCTA

describing the change. This notification will not be binding on SBCTA until SBCTA’s

Awarding Authority has approved any amendment to this Contract.

11.2 Promptly after such written notification of change is given to CONSULTANT by SBCTA,

the Parties will attempt to negotiate a mutually agreeable adjustment to compensation or

time of performance, and amend the Contract accordingly.

ARTICLE 12. EQUAL EMPLOYMENT OPPORTUNITY

12.1 During the term of this Contract, CONSULTANT shall not willfully discriminate against any

employee or applicant for employment because of race, religious creed, color, national

origin, ancestry, physical disability, mental disability, medical condition, genetic

information, gender, sex, marital status, gender identity, gender expression, sexual

orientation, age, or military and veteran status. CONSULTANT agrees to comply with the

provisions of Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, Title VII of the

Civil Rights Act of 1964, the California Fair Employment and Housing Act and other

applicable Federal, State and County laws and regulations and policies relating to equal

employment and contracting opportunities, including laws and regulations hereafter enacted.

12.2 The contractor and all subcontractors shall comply with all provisions of Title VI of the

Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race,

color, and national origin. In addition, the contractor and all subcontractors will ensure their

services are consistent with and comply with obligations and procedures outlined in

SBCTA’s current Board-adopted Title VI Program, including the Public Participation Plan

and the Language Assistance Plan.

ARTICLE 13. CONFLICT OF INTEREST

CONSULTANT agrees that it presently has no interest, financial or otherwise and shall not acquire

any interest, direct or indirect, which would conflict in any manner or degree with the performance

of Work required under this Contract or be contrary to the interests of SBCTA as to the Project.

CONSULTANT further agrees that in the performance of this Contract no person having any such

interest shall be employed. CONSULTANT is obligated to fully disclose to SBCTA, in writing, any

4.b

Packet Pg. 35

Att

ach

men

t: C

on

trac

t 20

-100

2357

- P

roje

ct D

eliv

ery

Pro

gra

m P

roje

ct M

anag

emen

t [R

evis

ion

3]

(68

83 :

Aw

ard

of

a N

ew P

rog

ram

Pro

ject

20-1002357 Page 8 of 23

conflict of interest issues as soon as they are known to CONSULTANT. CONSULTANT agrees

that CONSULTANT’s staff designated by SBCTA’s Executive Director as “Consultants” under the

Political Reform Act shall timely file Statements of Economic Interest with the SBCTA Clerk of the

Board.

ARTICLE 14. KEY PERSONNEL

The personnel specified below are considered to be essential to the Work being performed under

this Contract. Prior to diverting any of the specified individuals to other projects, or reallocation of

any tasks or hours of Work that are the responsibility of key personnel to other personnel,

CONSULTANT shall notify SBCTA in writing in advance and shall submit justifications

(including proposed substitutions, resumes and payroll information to support any changes to the

labor rate) in sufficient detail to permit evaluation of the impact on the Project. Diversion or

reallocation of key personnel shall not be made without prior written consent of SBCTA.

CONSULTANT shall not substitute any key personnel without the prior written consent of SBCTA.

In the event that the Parties cannot agree as to the substitution of key personnel, SBCTA may

terminate the Contract. Key Personnel are:

Name Job Classification/Function

Dennis Saylor Program Manager/Project Manager

Paul Melocoton Project Manager

Heng Chow Project Manager

Juan Lizarde Project Manager

Andrea Nieto Project Manager

Chad Costello Project Manager

Jose Corona Construction Project Manager

Georges Moussa Project Controls Manager

ARTICLE 15. REPRESENTATIONS

All Work supplied by CONSULTANT under this Contract shall be supplied by personnel who are

qualified, careful, skilled, experienced and competent in their respective trades or professions.

CONSULTANT agrees that they are supplying professional services, findings, and/or

recommendations in the performance of this Contract and agrees with SBCTA that the same shall

conform to professional and engineering and environmental principles and standards that are

generally accepted in the profession in the State of California.

ARTICLE 16. PROPRIETARY RIGHTS/CONFIDENTIALITY

16.1 If, as part of this Contract, CONSULTANT is required to produce materials, documents

data, or information (“Products”), then CONSULTANT, if requested by SBCTA, shall

deliver to SBCTA the original of all such Products which shall become the sole property of

SBCTA.

16.2 All materials, documents, data or information obtained from SBCTA's data files or any

SBCTA-owned medium furnished to CONSULTANT in the performance of this Contract

will at all times remain the property of SBCTA. Such data or information may not be used

or copied for direct or indirect use outside of this Project by CONSULTANT without the

express written consent of SBCTA.

4.b

Packet Pg. 36

Att

ach

men

t: C

on

trac

t 20

-100

2357

- P

roje

ct D

eliv

ery

Pro

gra

m P

roje

ct M

anag

emen

t [R

evis

ion

3]

(68

83 :

Aw

ard

of

a N

ew P

rog

ram

Pro

ject

20-1002357 Page 9 of 23

16.3 Except as reasonably necessary for the performance of the Work, CONSULTANT agrees

that it, its employees, agents and subconsultants will hold in confidence and not divulge to

third parties without prior written consent of SBCTA, any information obtained by

CONSULTANT from or through SBCTA unless (a) the information was known to

CONSULTANT prior to obtaining same from SBCTA pursuant to a prior contract; or (b)

the information was at the time of disclosure to CONSULTANT, or thereafter becomes, part

of the public domain, but not as a result of the fault or an unauthorized disclosure of

CONSULTANT or its employees, agents, or subconsultants, or (c) the information was

obtained by CONSULTANT from a third party who did not receive the same, directly or

indirectly, from SBCTA and who had, to CONSULTANT's knowledge and belief, the right

to disclose the same. Any materials and information referred to in this Article, which are

produced by CONSULTANT, until released in writing by SBCTA, except to the extent such

materials and information become subject to disclosure by SBCTA under the California

Public Records Act or other law, or otherwise become public information through no fault of

CONSULTANT, or its employees or agents.

16.4 CONSULTANT shall not use SBCTA's name or photographs in any professional

publication, magazine, trade paper, newspaper, seminar or other medium without first

receiving the express written consent of SBCTA.

16.5 All press releases or press inquiries relating to the Project or this Contract, including graphic

display information to be published in newspapers, magazines, and other publications, are to

be made only by SBCTA unless otherwise agreed to in writing by the Parties

ARTICLE 17. CONSTRUCTION CLAIMS

17.1 If claims are filed by SBCTA’s construction contractor, and additional information or

assistance from the CONSULTANT’s personnel is required in order to evaluate or defend

against such claims CONSULTANT agrees to make its personnel available for consultation

with SBCTA’s construction contract administrator and legal staff, and for testimony, if

necessary, at depositions, administrative proceedings, trial or arbitration proceedings.

17.2 CONSULTANT’s personnel that SBCTA considers essential to assist in defending against

construction contractor claims will be made available on reasonable notice from SBCTA.

Consultation or testimony will be reimbursed at the same rates, including travel costs that

are being paid for the CONSULTANT’s personnel under this Contract.

17.3 Services of the CONSULTANT’s personnel in connection with SBCTA’s construction

contractor claims will be performed pursuant to a written contract amendment, if necessary,

extending the termination date of this Contract in order to finally resolve the claims.

ARTICLE 18. TERMINATION

18.1 Termination for Convenience - SBCTA shall have the right at any time, with or without

cause, to terminate further performance of Work by giving thirty (30) calendar days written

notice to CONSULTANT specifying the date of termination. On the date of such

termination stated in said notice, CONSULTANT shall promptly discontinue performance

of Work and shall preserve Work in progress and completed Work, pending SBCTA's

instruction, and shall turn over such Work in accordance with SBCTA's instructions.

4.b

Packet Pg. 37

Att

ach

men

t: C

on

trac

t 20

-100

2357

- P

roje

ct D

eliv

ery

Pro

gra

m P

roje

ct M

anag

emen

t [R

evis

ion

3]

(68

83 :

Aw

ard

of

a N

ew P

rog

ram

Pro

ject

20-1002357 Page 10 of 23

18.1.1 CONSULTANT shall deliver to SBCTA, all deliverables prepared by

CONSULTANT or its subconsultants or furnished to CONSULTANT by SBCTA.

Upon such delivery, CONSULTANT may then invoice SBCTA for payment in

accordance with the terms herein.

18.1.2 If CONSULTANT has fully and completely performed all obligations under this

Contract up to the date of termination, CONSULTANT shall be entitled to receive

from SBCTA as complete and full settlement for such termination a pro rata share of

the Contract cost based upon the percentage of all contracted Work satisfactorily

executed to the date of termination.

18.1.3 CONSULTANT shall be entitled to receive the actual costs incurred by

CONSULTANT to return CONSULTANT's tools and equipment, if any, to it or its

suppliers' premises, or to turn over Work in progress in accordance with SBCTA's

instructions plus the actual cost necessarily incurred in effecting the termination.

18.2 Termination for Cause - In the event CONSULTANT shall file a petition in bankruptcy

court, or shall make a general assignment for the benefit of its creditors, or if a petition in

bankruptcy shall be filed against CONSULTANT or a receiver shall be appointed on

account of its insolvency, or if CONSULTANT shall default in the performance of any

express obligation to be performed by it under this Contract and shall fail to immediately

correct (or if immediate correction is not possible, shall fail to commence and diligently

continue action to correct) such default within ten (10) calendar days following written

notice, SBCTA may, without prejudice to any other rights or remedies SBCTA may have,

and in compliance with applicable Bankruptcy Laws, (a) hold in abeyance further payments

to CONSULTANT; (b) stop any Work of CONSULTANT or its subconsultants related to

such failure until such failure is remedied; and/or (c) terminate this Contract by written

notice to CONSULTANT specifying the date of termination. In the event of such

termination by SBCTA, SBCTA may take possession of the products and finished Work by

whatever method SBCTA may deem expedient. A waiver by SBCTA of one default of

CONSULTANT shall not be considered to be a waiver of any subsequent default of

CONSULTANT, of the same or any other provision, nor be deemed to waive, amend, or

modify this Contract.

18.2.1 CONSULTANT shall deliver to SBCTA all finished and unfinished deliverables

under this Contract prepared by CONSULTANT or its subconsultants or furnished to

CONSULTANT by SBCTA within ten (10) working days of said notice.

18.3 All claims for compensation or reimbursement of costs under any of the foregoing provisions

shall be supported by documentation submitted to SBCTA, satisfactory in form and content

to SBCTA and verified by SBCTA. In no event shall CONSULTANT be entitled to any

payment for prospective profits or any damages because of such termination.

ARTICLE 19. STOP WORK ORDER

Upon failure of CONSULTANT or its subconsultants to comply with any of the requirements of

this Contract, SBCTA shall have the right to stop any or all Work affected by such failure until such

failure is remedied or to terminate this Contract in accordance with the Termination For Cause

provision herein.

4.b

Packet Pg. 38

Att

ach

men

t: C

on

trac

t 20

-100

2357

- P

roje

ct D

eliv

ery

Pro

gra

m P

roje

ct M

anag

emen

t [R

evis

ion

3]

(68

83 :

Aw

ard

of

a N

ew P

rog

ram

Pro

ject

20-1002357 Page 11 of 23

ARTICLE 20. CLAIMS

SBCTA shall not be bound to any adjustments in the Contract amount or schedule unless expressly

agreed to by SBCTA in writing. SBCTA shall not be liable to CONSULTANT for any claim

asserted by CONSULTANT after final payment has been made under this Contract.

ARTICLE 21. INSURANCE

21.1 Prior to commencing the Work, subject to the provisions of Article 20.2 “General

Provisions”, and at all times during the performance of the Work and for such additional

periods as required herein, CONSULTANT and all sub-consultants of every tier performing

any Work under this contract shall, at CONSULTANT’s and sub-consultant's sole expense,

procure and maintain broad form insurance coverage at least as broad as the following

minimum requirements specified below:

21.1.1 Professional Liability. The policies must include the following:

A limit of liability not less than $3,000,000 per claim

An annual aggregate limit of not less than $9,000,000

Coverage shall be appropriate for the CONSULTANT’S profession and provided

services to include coverage for errors and omissions arising out of the

CONSULTANT’S professional services, or services of any person employed by the

CONSULTANT, or any person for whose acts, errors, mistakes or omissions the

CONSULTANT may be legally liable.

If Coverage is on a claims made basis:

o Policy shall contain a retroactive date for coverage of prior acts, which date will

be prior to the date the CONSULTANT begins to perform Work under this

Contract.

o CONSULTANT shall secure and maintain “tail” coverage for a minimum of

three (3) years after Contract completion or if provided by an annually renewing

corporate program shall be renewed for the required duration.

21.1.2 Worker’s Compensation/Employer’s Liability. The policies must include the

following:

Coverage A. Statutory Benefits

Coverage B. Employer’s Liability

Bodily Injury by accident - $1,000,000 per accident

Bodily Injury by disease - $1,000,000 policy limit/$1,000,000 each employee

Such policies shall contain a waiver of subrogation in favor of the parties named as

Indemnitees below. Such insurance shall be in strict accordance with the applicable

workers’ compensation laws in effect during performance of the Work by CONSULTANT

or any subconsultant of any tier. All subconsultants of any tier performing any portion of

the Work for CONSULTANT shall also obtain and maintain the same insurance coverage as

4.b

Packet Pg. 39

Att

ach

men

t: C

on

trac

t 20

-100

2357

- P

roje

ct D

eliv

ery

Pro

gra

m P

roje

ct M

anag

emen

t [R

evis

ion

3]

(68

83 :

Aw

ard

of

a N

ew P

rog

ram

Pro

ject

20-1002357 Page 12 of 23

specified in this subparagraph, with a waiver of subrogation in favor of CONSULTANT and

all parties named as Indemnitees below. Where coverage is provided through the California

State Compensation Insurance Fund, the requirement for a minimum A.M. Best rating does

not apply.

21.1.3 Commercial General Liability. The policy must include the following:

Consultant shall maintain commercial general liability (CGL) insurance (Insurance

Services Office (ISO) Form CG 00 01), and if necessary excess/umbrella

commercial liability insurance, with a combined limit of liability of not less than

$5,000,000 each occurrence.

The policy shall, at a minimum, include coverage for any and all of the following:

bodily injury, property damage, personal injury, broad form contractual liability

(including coverage to the maximum extent possible for the indemnifications in this

Contract subject to ISO Contractual Liability terms and conditions), premises-

operations (including explosion, collapse and underground coverage), duty to defend

in addition to (without reducing) the limits of the policy(ies), and products and

completed operations.

o $2,000,000 per occurrence limit for property damage or bodily injury

o $1,000,000 per occurrence limit for personal injury and advertising injury

o $2,000,000 per occurrence limits for products/completed operations coverage

(ISO Form 20 37)

Coverage is to be on an “occurrence” form. “Claims made” and “modified

occurrence” forms are not acceptable.

A copy of the declaration page or endorsement page listing all policy endorsements

shall be made available upon written request by SBCTA’s Risk Manager.

All subconsultants of any tier performing any portion of the Work for CONSULTANT shall

also obtain and maintain the CGL insurance coverage with limits not less than:

Each occurrence limit: $1,000,000

General aggregate limit: $2,000,000

Personal injury and advertising limit $1,000,000

Products-completed operations aggregate limit $2,000,000

21.1.4Umbrella/Excess CGL. The policy must include the following:

If the CONSULTANT elects to include an umbrella or excess policy to cover any of

the total limits required beyond the primary commercial general liability policy

limits and/or the primary commercial automobile liability policy limits, then the

policy must include the following:

o The umbrella or excess policy shall sit excess of the CONSULTANT’s

primary general liability coverage.

o The umbrella or excess policy shall contain a clause stating that it takes effect

(drops down) in the event the primary limits are impaired or exhausted.

4.b

Packet Pg. 40

Att

ach

men

t: C

on

trac

t 20

-100

2357

- P

roje

ct D

eliv

ery

Pro

gra

m P

roje

ct M

anag

emen

t [R

evis

ion

3]

(68

83 :

Aw

ard

of

a N

ew P

rog

ram

Pro

ject

20-1002357 Page 13 of 23

o The umbrella or excess policy must also extend coverage over the automobile

policy if it is to be used in combination with the primary automobile policy to

meet the total insurance requirement limits.

There shall be no statement limiting the coverage provided to the parties listed as

additionally insureds or as indemnitees below.

21.1.5 Commercial Auto. The policy must include the following:

A total limit of liability of not less than $5,000,000 each accident. This total limits of

liability may be met by combining the limits of the primary auto policy with an

umbrella or excess policy in accordance with subparagraph 4 (Umbrella/Excess

CGL) of Section A of this Article.

Such insurance shall cover liability arising out of any vehicle, including owned,

hired, leased, borrowed and non-owned vehicles assigned to or used in performance

of the CONSULTANT services.

o Combined Bodily Injury and Property Damage Liability insurance

The commercial automobile liability insurance shall be written on the most recent

edition of ISO Form CA 00 01 or equivalent acceptable to SBCTA.

21.1.6 Pollution Liability – Intentionally Omitted

21.1.7 Railroad Protective Liability The policy must include the following:

Should the CONSULTANT need to perform activities in a railroad right-of-way,

SBCTA’s Risk Manager and/or a railroad operator may require CONSULTANT to

provide Railroad Protective Liability.

In such a case, the policy shall be in amounts and coverages and from issuers,

acceptable to SBCTA’s Risk Manager in his/her sole discretion.

Depending on facts and circumstances, and the terms and conditions of the policy

involved, SBCTA’s Risk Manager may choose to find that the CONSULTANT

satisfactorily meets this requirement by obtaining one of the following: a) an

acceptable Railroad Protective Liability specific policy; b) a waiver of any railroad

liability exclusion from the CONSULTANT’s existing general liability policy; or c)

acceptable general liability insurance without a railroad exclusion.

21.2 General Provisions

21.2.1 Qualifications of Insurance Carriers. All policies written by insurance carriers shall

be authorized or admitted to do business in the state of California with a current

A.M. Best rating of A-VIII or better. Professional Liability and Contractor’s

Pollution Liability policies may be from non-admitted carriers provided they are

authorized in the state of California and meet the current A.M. Best rating of A: VIII

or better.

21.2.2 Additional Insurance Coverage. All policies, except those for Workers’

Compensation and Professional Liability insurance, shall be endorsed by the most

current version of the applicable ISO Form, to name San Bernardino County

Transportation Authority and its officers, directors, members, employees, agents and

volunteers, as additional insureds (“Additional Insureds”). With respect to general

4.b

Packet Pg. 41

Att

ach

men

t: C

on

trac

t 20

-100

2357

- P

roje

ct D

eliv

ery

Pro

gra

m P

roje

ct M

anag

emen

t [R

evis

ion

3]

(68

83 :

Aw

ard

of

a N

ew P

rog

ram

Pro

ject

20-1002357 Page 14 of 23

liability arising out of or connected with work or operations performed by or on

behalf of the CONSULTANT under this Contract, coverage for such Additional

Insureds shall not extend to liability to the extent prohibited by section 11580.04 of

the Insurance Code.

21.2.3 Proof of Coverage. Evidence of insurance in a form acceptable to SBCTA’s Risk

Manager, including, certificates of insurance and the required additional insured

endorsements, shall be provided to SBCTA’s Procurement Analyst prior to issuance

of the NTP or prior to commencing any Work, as SBCTA specifies. Certificate(s) of

insurance, as evidence of the required insurance shall: be executed by a duly

authorized representative of each insurer; show compliance with the insurance

requirements set forth in this Article; set forth deductible amounts applicable to each

policy;; and also include the Contract Number and the SBCTA Project Manager’s

name on the face of the certificate

21.2.4 Deductibles. Regardless of the allowance of exclusions or deductibles by SBCTA,

CONSULTANT shall be responsible for any deductible amount and shall warrant

that the coverage provided to SBCTA is consistent with the requirements of this

Article. CONSULTANT will pay, and shall require its sub-consultants to pay, all

deductibles, co-pay obligations, premiums and any other sums due under the

insurance required in this Article. All deductibles will be in amounts acceptable to

SBCTA’s Risk Manager. CONSULTANT will advise SBCTA in writing as to the

amounts of any deductible, or as to any increase in any insurance deductible under

any insurance required above. There will be no deductibles in excess of $500,000

per occurrence, loss or claim under the insurance. SBCTA will have the right, but

not the obligation, to pay any deductible due under any insurance policy. If SBCTA

pays any sums due under any insurance required above, SBCTA may withhold said

sums from any amounts due CONSULTANT. The policies shall not provide that

any deductible, or other payment required under the policy can be paid only by the

named insured, and not by an additional insured.

21.2.5 CONSULTANT’s and Subconsultants’ Insurance will be Primary. All policies

required to be maintained by the CONSULTANT or any subconsultant with the

exception of Professional Liability and Worker’s Compensation shall be endorsed,

with a form at least as broad as the current ISO Form, to be primary coverage, and

any coverage carried by any of the Additional Insureds shall be excess and non-

contributory. Further, none of CONSULTANT’s or subconsultants’ pollution,

automobile, general liability or other liability policies (primary or excess) will

contain any cross-liability exclusion barring coverage for claims by an additional

insured against a named insured.

21.2.6 Waiver of Subrogation Rights. To the fullest extent permitted by law,

CONSULTANT hereby waives all rights of recovery under subrogation against the

Additional Insureds named herein, in connection with the planning, development and

construction of the Project. To the fullest extent permitted by law, CONSULTANT

shall require similar written express waivers and insurance clauses from each of its

subconsultants of every tier. CONSULTANT shall require all of the policies and

coverages required in this Article to waive all rights of subrogation against the

4.b

Packet Pg. 42

Att

ach

men

t: C

on

trac

t 20

-100

2357

- P

roje

ct D

eliv

ery

Pro

gra

m P

roje

ct M

anag

emen

t [R

evis

ion

3]

(68

83 :

Aw

ard

of

a N

ew P

rog

ram

Pro

ject

20-1002357 Page 15 of 23

Additional Insureds. Such insurance and coverages provided shall not prohibit

CONSULTANT from waiving the right of subrogation prior to a loss or claim.

21.2.7 Cancellation. If any insurance company elects to cancel or non-renew coverage for

any reason, CONSULTANT will provide SBCTA thirty (30) days prior written

notice of such cancellation or nonrenewal. If the policy is cancelled for nonpayment

of premium, CONSULTANT will provide SBCTA ten (10) days prior written notice.

In any event, CONSULTANT will provide SBCTA with a copy of any notice of

termination or notice of any other change to any insurance coverage required herein

which CONSULTANT receives within one business day after CONSULTANT

receives it by submitting it to SBCTA at [email protected] to the attention

of SBCTA’s Procurement Analyst, and by depositing a copy of the notice in the U.S.

Mail in accordance with the notice provisions of this Contract.

21.2.8 Enforcement. SBCTA may take any steps as are necessary to assure

CONSULTANT’s compliance with its insurance obligations as identified within this

Article. Failure to continuously maintain insurance coverage as provided herein is a

material breach of contract. In the event the CONSULTANT fails to obtain or

maintain any insurance coverage required, SBCTA may, but is not required to,

maintain this coverage and charge the expense to the CONSULTANT or withhold

such expense from amounts owed CONSULTANT, or terminate this Contract. The

insurance required or provided shall in no way limit or relieve CONSULTANT of its

duties and responsibility under the Contract, including but not limited to obligation

to indemnify, defend and hold harmless the Indemnitees named below. Insurance

coverage in the minimum amounts set forth herein shall not be construed to relieve

CONSULTANT for liability in excess of such coverage, nor shall it preclude

SBCTA from taking other actions as available to it under any other provision of the

Contract or law. Nothing contained herein shall relieve CONSULTANT, or any

subconsultant of any tier of their obligations to exercise due care in the performance

of their duties in connection with the Work, and to complete the Work in strict

compliance with the Contract.

21.2.9 No Waiver. Failure of SBCTA to enforce in a timely manner any of the provisions of

this Article shall not act as a waiver to enforcement of any of these provisions at a

later date.

21.2.10 Subconsultant Insurance. Insurance required of the CONSULTANT shall be also

provided by subconsultants or by CONSULTANT on behalf of all subconsultants to

cover their services performed under this Contract. CONSULTANT may reduce

types and the amounts of insurance limits provided by subconsultants to be

proportionate to the amount of the subconsultant’s contract and the level of liability

exposure for the specific type of work performed by the subconsultant.

CONSULTANT shall be held responsible for all modifications, deviations, or

omissions in these insurance requirements as they apply to subconsultant.

21.2.11 Higher limits. If CONSULTANT maintains higher limits than the minimums shown

above, SBCTA shall be entitled to coverage for the higher limits maintained by

CONSULTANT. Any available insurance proceeds in excess of the specified

minimum limits of insurance and coverage shall be available to SBCTA.

4.b

Packet Pg. 43

Att

ach

men

t: C

on

trac

t 20

-100

2357

- P

roje

ct D

eliv

ery

Pro

gra

m P

roje

ct M

anag

emen

t [R

evis

ion

3]

(68

83 :

Aw

ard

of

a N

ew P

rog

ram

Pro

ject

20-1002357 Page 16 of 23

21.2.12 Special Risks or Circumstances. SBCTA reserves the right to modify any or all of

the above insurance requirements, including limits, based on the nature of the risk,

prior experience, insurer, coverage, or other special circumstances. The reasonable

cost of such modification shall be a reimbursable expense.

ARTICLE 22. INDEMNITY

22.1 To the extent, but only to the extent, that CONSULTANT’s Work falls within the scope of

Civil Code Section 2782.8, the following indemnification is applicable:

CONSULTANT shall indemnify and defend (with legal counsel reasonably approved by

SBCTA) SBCTA, the SBCTA Entities and its authorized officers, employees, agents and

volunteers, from any and all losses, damages, liability, actions, and/or costs for claims that

arise out of, pertain to, or are related to the negligence, recklessness, or willful misconduct of

the design professional to the maximum extent permitted by Civil Code Section 2782.8.

22.2 For all other Work and obligations under this Contract, CONSULTANT agrees to indemnify,

defend (with legal counsel reasonably approved by SBCTA) and hold harmless SBCTA,

SBCTA Entities and their authorized officers, employees, agents and volunteers (Indemnitees),

from any and all claims, actions, losses, damages and/or liability (Claims) arising out of or

related to any act or omission of CONSULTANT or any of its officers, employees, agents,

subconsultants or volunteers and for any costs or expenses incurred by SBCTA on account of

any such Claims except where such indemnification is prohibited by law. This indemnification

provision shall apply regardless of the existence or degree of fault of indemnitees.

CONSULTANT’s indemnification obligation applies to SBCTA’s “active” as well as

“passive” negligence but does not apply to SBCTA’s “sole negligence” or “willful

misconduct” within the meaning of Civil Code Section 2782.

ARTICLE 23. ERRORS AND OMISSIONS

CONSULTANT shall be responsible for the professional quality, technical accuracy, and

coordination of all Work required under this Contract. CONSULTANT shall be liable for SBCTA

costs resulting from errors or deficiencies, in Work furnished under this Contract, including but not

limited to any fines, penalties, damages, and costs associated with a modification to a construction

contract required because of an error or deficiency in the Work provided by CONSULTANT under

this Contract.

ARTICLE 24. OWNERSHIP OF DOCUMENTS

All deliverables, including but not limited to, drawings, reports, worksheets, and other data

developed by CONSULTANT under this Contract shall become the sole property of SBCTA when

prepared, whether delivered to SBCTA or not.

ARTICLE 25. SUBCONTRACTS

25.1 CONSULTANT shall not subcontract performance of all or any portion of Work under this

Contract, except to those subconsultants listed in the CONSULTANT's proposal, without

first notifying SBCTA, in writing of the intended subcontracting and obtaining SBCTA's

written approval of the subcontracting and the subconsultant. The definition of

subconsultant and the requirements for subconsultants hereunder shall include all

subcontracts at any tier.

4.b

Packet Pg. 44

Att

ach

men

t: C

on

trac

t 20

-100

2357

- P

roje

ct D

eliv

ery

Pro

gra

m P

roje

ct M

anag

emen

t [R

evis

ion

3]

(68

83 :

Aw

ard

of

a N

ew P

rog

ram

Pro

ject

20-1002357 Page 17 of 23

25.2 CONSULTANT agrees that any and all subconsultants of CONSULTANT performing

Work under this Contract will comply with the terms and conditions of this Contract

applicable to the portion of Work performed by them. CONSULTANT shall incorporate all

applicable provisions of this Contract into their subcontracts regardless of the tier. If

requested by SBCTA, CONSULTANT shall furnish SBCTA a copy of the proposed

subcontract for SBCTA's approval of the terms and conditions thereof and shall not execute

such subcontract until SBCTA has approved such terms and conditions. SBCTA’s approval

shall not be unreasonably withheld.

25.3 Approval by SBCTA of any Work to be subcontracted and the subconsultant to perform said

Work will not relieve CONSULTANT of any responsibility or liability in regard to the

acceptable and complete performance of said Work. Any substitution of subconsultants must

be approved in writing by SBCTA. CONSULTANT shall have the sole responsibility for

managing of their subconsultants, including resolution of any disputes between

CONSULTANT and its subconsultants.

ARTICLE 26. INSPECTION OF OPERATIONS

SBCTA, or any of its designees, representatives or agents shall at all times have access during

normal business hours to CONSULTANT's operations and products wherever they are in

preparation or progress, and CONSULTANT shall provide sufficient, safe, and proper facilities for

such access and inspection thereof. Inspection or lack of inspection by SBCTA shall not be deemed

to be a waiver of any of their rights to require CONSULTANT to comply with the Contract or to

subsequently reject unsatisfactory Work or products.

ARTICLE 27. INDEPENDENT CONTRACTOR

CONSULTANT is and shall be at all times an independent contractor. Accordingly, all Work

provided by CONSULTANT shall be done and performed by CONSULTANT under the sole

supervision, direction and control of CONSULTANT. SBCTA shall rely on CONSULTANT for

results only, and shall have no right at any time to direct or supervise CONSULTANT or

CONSULTANT's employees in the performance of Work or as to the manner, means and methods

by which Work is performed. All personnel furnished by CONSULTANT under this Contract, and

all representatives of CONSULTANT, shall be and remain the employees or agents of

CONSULTANT or of CONSULTANT's subconsultant(s) at all times, and shall not at any time or

for any purpose whatsoever be considered employees or agents of SBCTA.

ARTICLE 28. ATTORNEY’S FEES

If any legal action is instituted to enforce or declare any Party’s rights under the Contract, each

Party, including the prevailing Party, must bear its own costs and attorneys’ fees. This Article shall

not apply to those costs and attorneys’ fees directly arising from any third party legal action against

a Party hereto and payable under the “Indemnity” provision of the Contract.

ARTICLE 29. GOVERNING LAW AND VENUE

This Contract shall be subject to the law and jurisdiction of the State of California. The Parties

acknowledge and agree that this Contract was entered into and intended to be performed in whole or

substantial part in San Bernardino County, California. The Parties agree that the venue for any

action or claim brought by any Party to this Contract will be the Superior Court of California, San

Bernardino County. Each Party hereby waives any law or rule of court, which would allow them to

4.b

Packet Pg. 45

Att

ach

men

t: C

on

trac

t 20

-100

2357

- P

roje

ct D

eliv

ery

Pro

gra

m P

roje

ct M

anag

emen

t [R

evis

ion

3]

(68

83 :

Aw

ard

of

a N

ew P

rog

ram

Pro

ject

20-1002357 Page 18 of 23

request or demand a change of venue. If any action or claim concerning this Contract is brought by

any third party, the Parties hereto agree to use their best efforts to obtain a change of venue to the

Superior Court of California, San Bernardino County.

ARTICLE 30. FEDERAL, STATE AND LOCAL LAWS

CONSULTANT warrants that in the performance of this Contract, it shall comply with all

applicable federal, State and local laws, ordinances, rules and regulations.

ARTICLE 31. PRECEDENCE

31.1 The Contract consists of the Contract Articles, Exhibit A, “Scope of Work” and Exhibit B

“Cost Proposal”, SBCTA’s Request for Proposal, and CONSULTANT’s proposal, all of

which are incorporated in this Contract by this reference.

31.2 The following order of precedence shall apply: first, the Contract Articles; second, Exhibits

A and B; third, SBCTA’s Request for Proposal; and last, CONSULTANT's Proposal. In the

event of a conflict between the Contract Articles and the Scope of Work, the Contract

Articles will prevail.

31.3 In the event of an express conflict between the documents listed in this Article, or between

any other documents, which are a part of the Contract, CONSULTANT shall notify SBCTA

in writing within three (3) business days of its discovery of the conflict and shall comply

with SBCTA's resolution of the conflict.

ARTICLE 32. COMMUNICATIONS AND NOTICES

Notices sent by mail shall be by United States Mail, postage paid, certified mail (return receipt

requested). Any and all notices permitted or required to be given hereunder shall be deemed duly

given and received: (a) upon actual delivery, if delivery is personally made or if made by email or

fax during regular business hours; (b) the first business day following delivery by fax when made

not during regular business hours; or (c) the fourth business day following deposit of such notice

into the United States Mail. Each such notice shall be sent to the respective Party at the address

indicated below or to any other address as the respective Parties may designate from time to time by

a notice given in accordance with this Article. CONSULTANT shall notify SBCTA of any contact

information changes within ten (10) business days of the change.

To CONSULTANT To SBCTA

3200 East Guasti Road, Suite 200 1170 W. 3rd Street, 2nd Floor

Ontario, CA 91761 San Bernardino, CA 92410-1715

Attn: Dennis Saylor Attn: Paula Beauchamp

Email: [email protected] Email: [email protected]

Cc: Ernest A. Figueroa Cc: Procurement Manager

Email: [email protected] Email: [email protected]

Phone: (909) 549-1539 Phone: (909) 884-8276

ARTICLE 33. DISPUTES

33.1 In the event any dispute, other than an audit, arises between the Parties in connection with

this Contract (including but not limited to disputes over payments, reimbursements, costs,

expenses, Work to be performed, Scope of Work and/or time of performance), the dispute

4.b

Packet Pg. 46

Att

ach

men

t: C

on

trac

t 20

-100

2357

- P

roje

ct D

eliv

ery

Pro

gra

m P

roje

ct M

anag

emen

t [R

evis

ion

3]

(68

83 :

Aw

ard

of

a N

ew P

rog

ram

Pro

ject

20-1002357 Page 19 of 23

shall be decided by SBCTA’s Contract Administrator within thirty (30) calendar days after

notice thereof in writing which notice shall include a particular statement of the grounds of

the dispute. If CONSULTANT does not agree with the decision, then CONSULTANT shall

have ten (10) calendar days after receipt of the decision in which to file a written appeal

thereto with SBCTA’s Executive Director. If the Executive Director fails to resolve the

dispute in a manner acceptable to CONSULTANT, then such dispute may be reviewed by a

court of competent jurisdiction.

33.2 During resolution of the dispute, CONSULTANT shall proceed with performance of the

Contract with due diligence.

ARTICLE 34. GRATUITIES

CONSULTANT, its employees, agents, or representatives shall not offer or give to any officer,

official, agent or employee of SBCTA, any gift, entertainment, payment, loan, or other gratuity.

ARTICLE 35. REVIEW AND ACCEPTANCE

All Work performed by CONSULTANT shall be subject to periodic review and approval by

SBCTA at any and all places where such performance may be carried on. Failure of SBCTA to

make such review, or to discover defective work, shall not prejudice the rights of SBCTA at the

time of final acceptance. All Work performed by CONSULTANT shall be subject to periodic and

final review and acceptance by SBCTA upon completion of all Work.

ARTICLE 36. CONFIDENTIALITY

Any SBCTA communications or materials to which CONSULTANT or its subconsultants or agents

have access, or materials prepared by CONSULTANT under the terms of this Contract, shall be

held in confidence by CONSULTANT, who shall exercise reasonable precautions to prevent the

disclosure of confidential information to anyone except as expressly authorized by SBCTA. Any

communications with or work product of SBCTA’s legal counsel to which CONSULTANT or its

subconsultants or agents have access in performing Work under this Contract shall be subject to the

attorney-client privilege and attorney work product doctrine, and shall be confidential.

CONSULTANT shall not release any reports, information or promotional material or allow for the

use of any photos related to this Contract for any purpose without prior written approval of SBCTA.

CONSULTANT agrees to inform itself and make its employees, agents and subconsultants aware of

the requirements of SBCTA’s privacy and confidentiality policies and to abide by the same.

CONSULTANT further agrees to require all employees, agents and subconsultants assigned to any

SBCTA project or task to sign an SBCTA Confidentiality Agreement as directed by SBCTA

personnel.

ARTICLE 37. EVALUATION OF CONSULTANT

CONSULTANT’s performance may be evaluated by SBCTA periodically throughout the Contract

performance period, such as at the completion of certain milestones as identified in Exhibit A

and/or at the completion of the Contract. A copy of the evaluation will be given to CONSULTANT

for their information. The evaluation information shall be retained as part of the Contract file and

may be used to evaluate CONSULTANT if they submit a proposal on a future RFP issued by

SBCTA.

4.b

Packet Pg. 47

Att

ach

men

t: C

on

trac

t 20

-100

2357

- P

roje

ct D

eliv

ery

Pro

gra

m P

roje

ct M

anag

emen

t [R

evis

ion

3]

(68

83 :

Aw

ard

of

a N

ew P

rog

ram

Pro

ject

20-1002357 Page 20 of 23

ARTICLE 38. SAFETY

CONSULTANT shall strictly comply with all OSHA regulations, local, municipal, state, and

federal safety and health laws, orders and regulations applicable to CONSULTANT's operations in

the performance of Work under this Contract. CONSULTANT shall comply with safety instructions

issued by SBCTA and their representatives. CONSULTANT personnel shall wear hard hats and

safety vests at all times while on the project construction site.

ARTICLE 39. DRUG FREE WORKPLACE

CONSULTANT agrees to comply with the Drug Free Workplace Act of 1990 per Government

Code Section 8350 et seq.

ARTICLE 40. ASSIGNMENT

CONSULTANT shall not assign this Contract in whole or in part, voluntarily, by operation of law,

or otherwise without first obtaining the written consent of SBCTA. SBCTA’s exercise of consent

shall be within its sole discretion. Any purported assignment without SBCTA’s prior written

consent shall be void and of no effect, and shall constitute a material breach of this Contract.

Subject to the foregoing, the provisions of this Contract shall extend to the benefit of and be binding

upon the successors and assigns of the Parties.

ARTICLE 41. AMENDMENTS

The Contract may only be changed by a written amendment duly executed by the Parties. Work

authorized under an amendment shall not commence until the amendment has been duly executed.

ARTICLE 42. STATE PREVAILING WAGE RATES

42.1 CONSULTANT shall comply with the State of California’s General Prevailing Wage Rate

requirements in accordance with California Labor Code, Section 1770, and all Federal,

State, and local laws and ordinances applicable to the Work.

42.2 Any subcontract entered into as a result of this Contract if for more than $25,000 for public

works construction or more than $15,000 for the alteration, demolition, repair, or

maintenance of public works, shall contain all of the provisions of this Article.

ARTICLE 43. CONTINGENT FEE

CONSULTANT warrants, by execution of this Contract, that no person or selling agency has been

employed or retained to solicit or secure this Contract 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 CONSULTANT for the purpose of

securing business. For breach or violation of this warranty, SBCTA has the right to terminate the

Contract without liability, pay only for the value of the Work actually performed, or in its

discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount

of such commission, percentage, brokerage, or contingent fee.

ARTICLE 44. FORCE MAJEURE

CONSULTANT shall not be in default under this Contract in the event that the Work performed by

CONSULTANT is temporarily interrupted or discontinued for any of the following reasons: riots,

4.b

Packet Pg. 48

Att

ach

men

t: C

on

trac

t 20

-100

2357

- P

roje

ct D

eliv

ery

Pro

gra

m P

roje

ct M

anag

emen

t [R

evis

ion

3]

(68

83 :

Aw

ard

of

a N

ew P

rog

ram

Pro

ject

20-1002357 Page 21 of 23

wars, sabotage, acts of terrorism, civil disturbances, insurrection, explosion, pandemics,

quarantines, acts of God, acts of government or governmental restraint, and natural disasters such as

floods, earthquakes, landslides, and fires, or other catastrophic events which are beyond the

reasonable control of CONSULTANT and which CONSULTANT could not reasonably be

expected to have prevented or controlled. “Other catastrophic events” does not include the financial

inability of CONSULTANT to perform or failure of CONSULTANT to obtain either any necessary

permits or licenses from other governmental agencies or the right to use the facilities of any public

utility where such failure is due solely to the acts or omissions of CONSULTANT.

ARTICLE 45. WARRANTY

CONSULTANT warrants that all Work performed shall be in accordance with the Contract, and all

applicable professional standards. In the event of a breach of this provision, CONSULTANT shall

take the necessary actions to correct the breach at CONSULTANT’s sole expense. If

CONSULTANT does not take the necessary action to correct the breach, SBCTA, without waiving

any other rights or remedies it may have, may take the necessary steps to correct the breach, and

CONSULTANT shall promptly reimburse SBCTA for all expenses and costs incurred.

ARTICLE 46. ENTIRE DOCUMENT

46.1 This Contract constitutes the sole and only agreement governing the Work and supersedes

any prior understandings, written or oral, between the Parties respecting the Project. All

previous proposals, offers, and other communications, written or oral, relative to this

Contract, are superseded except to the extent that they have been expressly incorporated into

this Contract.

46.2 No agent, official, employee or representative of SBCTA has any authority to bind SBCTA

to any affirmation, representation or warranty outside of, or in conflict with, the stated terms

of this Contract, and CONSULTANT hereby stipulates that it has not relied, and will not

rely, on same.

46.3 Both Parties have been represented or had the full opportunity to be represented by legal

counsel of their own choosing in the negotiation and preparation of this Contract. Therefore,

the language in all parts of this Contract will be construed, in all cases, according to its fair

meaning, and not for or against either Party.

ARTICLE 47. COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT

CONSULTANT shall comply with all applicable provisions of the Americans with Disabilities Act

in performing Work under this Contract.

ARTICLE 48. NATIONAL LABOR RELATIONS BOARD CERTIFICATION

In accordance with Public Contract Code Section 10296, CONSULTANT hereby states under

penalty of perjury that no more than one final unappealable finding of contempt of court by a

federal court has been issued against CONSULTANT within the immediately preceding two-year

period, due to CONSULTANT’s failure to comply with an order of a federal court that orders

CONSULTANT to comply with an order of the National Labor Relations Board.

4.b

Packet Pg. 49

Att

ach

men

t: C

on

trac

t 20

-100

2357

- P

roje

ct D

eliv

ery

Pro

gra

m P

roje

ct M

anag

emen

t [R

evis

ion

3]

(68

83 :

Aw

ard

of

a N

ew P

rog

ram

Pro

ject

20-1002357 Page 22 of 23

ARTICLE 49. EFFECTIVE DATE

The date that this Contract is executed by SBCTA shall be the Effective Date of the Contract.

-------------------------SIGNATURES ARE ON THE FOLLOWING PAGE-------------------------

4.b

Packet Pg. 50

Att

ach

men

t: C

on

trac

t 20

-100

2357

- P

roje

ct D

eliv

ery

Pro

gra

m P

roje

ct M

anag

emen

t [R

evis

ion

3]

(68

83 :

Aw

ard

of

a N

ew P

rog

ram

Pro

ject

20-1002357 Page 23 of 23

IN WITNESS WHEREOF, the Parties hereto have executed this Contract on the day and

year written below.

CONSULTANT

SBCTA

By: By:

Ernest A. Figueroa

Vice President

Frank J. Navarro

President, Board of Directors

Date: Date:

APPROVED AS TO FORM

By:

Juanda L. Daniel

Assistant General Counsel

CONCURRENCE

By:

Jeffery Hill

Procurement Manager

4.b

Packet Pg. 51

Att

ach

men

t: C

on

trac

t 20

-100

2357

- P

roje

ct D

eliv

ery

Pro

gra

m P

roje

ct M

anag

emen

t [R

evis

ion

3]

(68

83 :

Aw

ard

of

a N

ew P

rog

ram

Pro

ject

RFP 20-1002357 Page 1 of 8

EXHIBIT A- “SCOPE OF WORK”

Program Project Management and Other Technical Services

The San Bernardino County Transportation Authority is contracting for Program Project

Management Consultant services to support the implementation of various transportation

projects.

1.0 BACKGROUND

San Bernardino County Transportation Authority (SBCTA) is responsible for managing

transportation projects in San Bernardino County including planning, environmental, design,

right of way, and construction. The projects mainly comprise improvements for freeways,

highways, railroad grade crossings, and local roads, however other SBCTA or local projects are

included as well SBCTA is obligated to deliver the projects using the funds available and in a

timely manner. The Program Project Management Consultant (CONSULTANT) will assist the

SBCTA staff by providing staff assistance and technical expertise in managing and overseeing

transportation projects.

Each project will be a significant undertaking that requires CONSULTANT assistance to serve

as advisors, managers, and an extension to SBCTA staff.

2.0 GENERAL DESCRIPTION OF SERVICES

SBCTA will provide overall direction for the transportation program and assign its own staff to

perform specific job responsibilities. Under this contract, CONSULTANT shall function as an

extension of SBCTA staff and supplement SBCTA staff by providing specialized expertise as

required to effectively manage the program as well as individual projects. CONSULTANT shall

provide technical expertise and support in all areas of project management, construction

management, project controls, contract management, and other technical subjects related to

transportation projects. Specifically, CONSULTANT shall assist SBCTA staff in the oversight,

management, and completion of all work associated with the development and approval of the

projects through construction. The performance of these tasks may require extensive

coordination with multiple SBCTA departments. CONSULTANT shall also assist in the

procurement of professional services for project components. CONSULTANT’s support shall be

in the following general categories:

Program Management

Project Management

Technical Oversight and Support

Procurement and Contract Management

Project Controls

Administrative Support

Finance Support

Construction Management

Interdepartmental Coordination and Support

4.c

Packet Pg. 52

Att

ach

men

t: P

rog

ram

Mg

mt

SO

W -

072

120

[Rev

isio

n 1

] (

6883

: A

war

d o

f a

New

Pro

gra

m P

roje

ct M

anag

emen

t an

d O

ther

Tec

hn

ical

Ser

vice

s

RFP 20-1002357 Page 2 of 8

3.0 SCOPE OF SERVICES

3.1 Program Management

CONSULTANT shall assist in managing and directing CONSULTANT personnel assigned in

project management, technical oversight and support, contract management, project controls,

administrative support, and construction management in an effort to deliver Measure I Projects

from project initiation through construction closeout. CONSULTANT may also be required to

provide personnel and services related to contract management and construction management for

projects related to SBCTA’s office facility. CONSULTANT shall provide technical expertise

and support in all areas of program management required to successfully deliver SBCTA’s

transportation program. Reporting of project scope, schedule, and cost shall be performed

routinely and as requested for various audiences. The CONSULTANT Program Manager, who

will be assigned full time and reports to the SBCTA facility daily, will also serve as a project

manager on specific SBCTA projects.

3.2 Project Management

CONSULTANT shall assist SBCTA in managing, from SBCTA’s Offices, both corridor and

individual transportation projects as well as capital improvement projects related to the building

or local agency transportation facilities. CONSULTANT shall work with SBCTA, other

consultants, federal agencies and its agents, Caltrans, County of San Bernardino, utility

companies, various local agencies, resource agencies, and other stakeholders to assist in

developing these projects. Activities include, but are not limited to:

Provide project management direction and coordination to the project team.

Develop and sustain an integrated team relationship with SBCTA’s staff.

Perform project management activities, collaborative practices, and problem

solving for both corridor and project level.

Write, maintain, review and/or audit project management plans, with particular

emphasis on meeting Federal Highway Administration (FHWA) and Caltrans

requirements, and maintain adherence to them.

Support and participate in interagency coordination and public outreach. Prepare

presentation materials, make presentations, as requested, and document the

results.

Coordinate SBCTA projects and document reviews with other project

stakeholders such as Caltrans, County of San Bernardino, cities, utility

companies, and other local agencies and stakeholders.

Foster and maintain relationships with state, federal and local governments,

resource agencies, and other consultants.

Maintain and report scope, cost, and schedule for projects and programs.

4.c

Packet Pg. 53

Att

ach

men

t: P

rog

ram

Mg

mt

SO

W -

072

120

[Rev

isio

n 1

] (

6883

: A

war

d o

f a

New

Pro

gra

m P

roje

ct M

anag

emen

t an

d O

ther

Tec

hn

ical

Ser

vice

s

RFP 20-1002357 Page 3 of 8

Manage and oversee other consultant's work, including performing peer reviews

and auditing consultant quality practices.

Assure quality, efficient and timely completion of all project components.

3.3 Technical Support

CONSULTANT shall assist SBCTA in the oversight of work performed by other consultants.

This work may be performed by CONSULTANT staff assigned to SBCTA's office or by others

working out of the CONSULTANT's office. As necessary, support in technical areas will be

specifically requested and identified by SBCTA. Activities include, but are not limited to:

Technical Support

Provide technical expertise in all major elements of architecture and engineering

(civil, structural, electrical, traffic, landscape architecture, drainage and storm

water, utilities, etc.) as they pertain to transportation projects.

Develop, maintain, and assure compliance of required criteria and standards for

transportation projects.

Prepare and review cost estimates, independent cost estimates, and unit costs in

accordance with FHWA and/or Caltrans guidelines.

Advise SBCTA staff in technical matters and assist in the resolution of technical

issues and problems, including claims review and resolution.

Provide value engineering and constructability review expertise as needed.

Provide utility mapping and coordination, agreement preparation, and execution

assistance.

Assist in the preparation and implementation of Project Management Plans.

Coordinate peer reviews and partnering sessions.

Provide expertise in preparing information to meet Project

Approval/Environmental Document (PA&ED), Project, Specifications &

Estimates (PS&E), Bid Package, and Advertise & Award requirements including

any progress reporting.

Provide Risk Analysis support.

Prepare graphics and visuals.

Prepare technical reports as assigned, including pre- and post- construction

surveys.

Evaluate alternative project delivery methods.

Provide Engineer’s Technical Report and Letter of Reliance in support of Express

Lanes financing, if necessary

4.c

Packet Pg. 54

Att

ach

men

t: P

rog

ram

Mg

mt

SO

W -

072

120

[Rev

isio

n 1

] (

6883

: A

war

d o

f a

New

Pro

gra

m P

roje

ct M

anag

emen

t an

d O

ther

Tec

hn

ical

Ser

vice

s

RFP 20-1002357 Page 4 of 8

Provide expertise as the Independent Consulting Engineer when required by

financing obligations.

3.4 Contract Management

CONSULTANT shall provide contract management assistance to the SBCTA staff. Activities

include, but are not limited to:

Support in procurements of other consultants required for the development of

transportation projects, including assistance with alternative project delivery

methods, and contract administration.

Assist SBCTA staff in preparing cooperative agreements with other agencies,

consultant agreements, amendments, and scopes of work.

Assist in reviewing other consultant or local agency invoices for compliance with

contract or cooperative agreement terms, including review for accuracy and

consistency.

Assist in administering payments and billings and other associated general

administrative activities.

Prepare contract status reports.

3.5 Project Controls

CONSULTANT shall assist the SBCTA staff with scheduling, budgeting, cost control, change

control, quality control, and document control. Activities include, but are not limited to:

Establish, maintain, and monitor the individual project schedules.

Manage and maintain current cost estimates for each project and evaluate and

incorporate any cost or project scope changes.

Manage and maintain the program budget database, including the project’s

baseline cost and schedule, the current cost and schedule, and performance

indicators such as earned value.

Manage the Quality Assurance/Quality Control (QA/QC) program to ensure that

the QA/QC program established by other consultants working on individual

projects adheres to SBCTA’s requirements.

Update, manage, and maintain the SBCTA document control system and database

per SBCTA procedures. All incoming and outgoing items shall be logged, filed

and distributed. Other document control activities include the logging and storage

of archival information, security of controlled documents, and electronic file

maintenance. Accurate records of correspondence, drawings, reports, and other

project related documents and deliverables shall be maintained.

Provide expertise on state-of-the-art knowledge of information technology

practices as related to project controls.

4.c

Packet Pg. 55

Att

ach

men

t: P

rog

ram

Mg

mt

SO

W -

072

120

[Rev

isio

n 1

] (

6883

: A

war

d o

f a

New

Pro

gra

m P

roje

ct M

anag

emen

t an

d O

ther

Tec

hn

ical

Ser

vice

s

RFP 20-1002357 Page 5 of 8

3.6 Administrative Support

CONSULTANT shall provide day-to-day administrative support to the SBCTA Project

Management Team developing transportation projects. This administrative support shall provide

all necessary administrative and secretarial assistance. Anticipated activities include, but are not

limited to:

Prepare reports and correspondence.

Perform data processing to develop databases, spreadsheets, flow diagrams,

agendas, meeting reports, and assist in drafting power point presentations.

Research and summarization as requested.

Coordinate meeting accommodations and travel arrangements.

Other administrative duties as assigned.

3.7 Construction Management Support

CONSULTANT will perform a wide variety of construction management, support and contract

administration duties as needed for various projects in accordance with Caltrans Construction

Manual and FHWA requirements.

SBCTA assigns a Construction Manager for each construction contract that it self-administers

and when it has an oversight role. Typical tasks of the Construction Manager include:

Develop consultant scopes-of-work, plan and administer the consultant

selection process, and negotiate contract terms for individual project

construction management consultants. Consultant management services may

include inspection, materials testing, construction surveying, independent

quality assurance, and public outreach.

Coordinate development of the construction contract bid package with the

design and construction management consultants;

Oversee the advertisement and award of construction contract;

Direct the work of the construction management consultant and other

construction related consultants in administering the construction contract;

Represent SBCTA in meetings with the construction management consultants,

construction contractor and other stakeholders;

Foster a partnering relationship with the construction contractor, construction

management consultant, facility owner (generally Caltrans or local jurisdiction)

and other stakeholders;

Review and recommend approval of contractor progress payments and change

orders;

4.c

Packet Pg. 56

Att

ach

men

t: P

rog

ram

Mg

mt

SO

W -

072

120

[Rev

isio

n 1

] (

6883

: A

war

d o

f a

New

Pro

gra

m P

roje

ct M

anag

emen

t an

d O

ther

Tec

hn

ical

Ser

vice

s

RFP 20-1002357 Page 6 of 8

Review and assist in the analysis of contractor schedules, claims and change

orders;

Ensure that the work is executed in accordance with encroachment permits,

environmental permits, cooperative agreements and other requirements of

facility owner and regulatory agencies;

Perform Labor Compliance and other contract compliance reviews;

Oversee and direct work of construction management consultant to ensure

compliance of contractor with certifications and licenses, materials certification

and testing, labor compliance, and other contractual compliances.

Execute construction close-out including, transferring improvements to facility

owner, resolving claims, and completion of as-built plans and other project

records.

4.0 STAFFING

4.1 Level of Support

All CONSULTANT staff shall work in an integrated team relationship with SBCTA staff

members, as well as other consultants. The level of effort required by the CONSULTANT key

staff team under this contract shall be of such level to provide the project management and

project control to ensure the successful delivery of a well-managed program. The

CONSULTANT key staff shall be assigned full-time and shall be available Monday through

Friday at a minimum. The level of effort of this key staff will be re-evaluated periodically to

assure that the appropriate level of support is maintained. SBCTA shall have sole discretion in

defining and making changes in positions and tasks assigned to CONSULTANT during any re-

evaluations. CONSULTANT shall provide support in the following functions:

Program Management

Corridor Project Management

Project Management

Technical Oversight, Peer Review, and Support

Project Controls

Contract Management

Administrative Support

Finance Support

Construction Management

Interdepartmental Coordination and Support

Due to the potential variability in the transportation program requirements, CONSULTANT shall

supplement the core staff by providing SBCTA approved specialized personnel/expertise as

required to assist in effectively providing the functions above.

4.c

Packet Pg. 57

Att

ach

men

t: P

rog

ram

Mg

mt

SO

W -

072

120

[Rev

isio

n 1

] (

6883

: A

war

d o

f a

New

Pro

gra

m P

roje

ct M

anag

emen

t an

d O

ther

Tec

hn

ical

Ser

vice

s

RFP 20-1002357 Page 7 of 8

4.2 Location

The CONSULTANT core staff shall be co-located with SBCTA staff at its administration

facilities located at 1170 W 3rd St, San Bernardino, CA 92410.

4.3 Material and Services Provided By SBCTA

SBCTA will provide office space, furniture, basic computer hardware and software, telephones,

office supplies, and printing services to individuals assigned to SBCTA's office in

San Bernardino, California. Any special equipment, specialized computer software, or supplies

required by these individuals shall be provided by CONSULTANT.

5.0 DELIVERABLES

5.1 Anticipated Deliverables

CONSULTANT shall be responsible for assuring an efficient and timely production of

deliverables and performance of activities for the transportation program. Items and

activities include, but are not limited to:

Project management plans

Project schedules

Design/other consultant reviews

Utility agreements

Design criteria(s) and standards

Cost estimates (capital and O&M)

Value engineering, constructability and peer review session reports

Risk analysis documentation

Technical reports and studies as assigned

Constructability Review

Claims Review, Consultation

Planning reports and studies as assigned

Graphics and visuals

Agency cooperative agreements

Procurement and contract management documents

Project status reports

Program schedules

Project budgets

4.c

Packet Pg. 58

Att

ach

men

t: P

rog

ram

Mg

mt

SO

W -

072

120

[Rev

isio

n 1

] (

6883

: A

war

d o

f a

New

Pro

gra

m P

roje

ct M

anag

emen

t an

d O

ther

Tec

hn

ical

Ser

vice

s

RFP 20-1002357 Page 8 of 8

QA/QC monitoring reports

Document control logs

Project closeouts

Engineer’s Technical Report and Letter of Reliance where required

Express Lanes Operating Cost Estimates and Non-Toll Revenue Estimate

Express Lanes Traffic and Revenue forecasting and financial models provided by others

Specific deliverables will be further defined during the term of the Agreement.

4.c

Packet Pg. 59

Att

ach

men

t: P

rog

ram

Mg

mt

SO

W -

072

120

[Rev

isio

n 1

] (

6883

: A

war

d o

f a

New

Pro

gra

m P

roje

ct M

anag

emen

t an

d O

ther

Tec

hn

ical

Ser

vice

s

20-1002357 EXHIBIT B APPROVED COST PROPOSAL

On-Site Personnel

Classification

Maximum Raw

Hourly RatePrincipal Project Manager $133.82 Senior Project Manager $109.01 Project Manager $69.96 Assistant Project Manager/Tech Specialist $51.82 Principal Project Manager (Construction) $138.21Senior Project Manager (Construction) $123.84Project Manager (Construction) $75.26Senior Contracts Manager $91.36Project Controls Manager $72.79Project Scheduler $69.96Cost Engineer $45.39 Document Controls Manager $52.69 Administrative Assistant $43.34

Estimated 5 Year Total On-Site Personnel Costs: 22,410,231$

Notes:1

2

3 On-site personnel billed at actual rates, capped at classification maximum above

Overhead Rate: Parsons On-site personnel: 86.44%150%

Fixed Fee: 8%

SBCTA staff approval required in selecting classification for replacement on-site personnel

Overhead Rate: On-Site subconsultant:

2021 rates

Escalation shall be at a specific rate, as shown on the Employment Cost Index for Total Compensation for private industry workers-Table 5, at www.bls.gov/news.release. The Employment Cost Index will be adjusted, apply to total benefits for the private industry economic sector, not be seasonally adjusted, but will include a 12-month percent change. Escalation shall commence as of January 1, 2022, and shall be subject to change each January 1st for the term of the contract.

4.d

Packet Pg. 60

Att

ach

men

t: 2

0-10

0235

7 E

xhib

it B

(68

83 :

Aw

ard

of

a N

ew P

rog

ram

Pro

ject

Man

agem

ent

and

Oth

er T

ech

nic

al S

ervi

ces

Co

ntr

act)

20-1002357 EXHIBIT B APPROVED COST PROPOSAL

Off-Site Personnel

1. Billed at actual cost2. Overhead Rate: Parsons off-site personnel: 114.32%3. Fixed Fee: 8%

Estimated 5 Year Total off-site Personnel Costs: 2,232,966$

Off-Site Personnel-Subconsultants

1. Will be billed at actual cost2. Overhead Rate: Max. 150%

Subconsultants: S2 Engineering-CM services as needed. On-Site Principal Construction PMs and Constr. PM: $5,168,083Other Subconsultants: Costello, BRI, The ROW Company, others as needed $1,960,000Estimated 5 Year Total Subconsultants: $7,128,083

ODC's: 150,000$

Summary20-1002357 5 year Cost Estimate

On-Site Personnel 22,410,231$ Off-Site Personnel 2,232,966$

7,128,083$

ODC's 150,000$

Total Contract Budget 31,921,280$

3. Fixed Fee: 8%

Off-Site Personnel-Subconsultants

4.d

Packet Pg. 61

Att

ach

men

t: 2

0-10

0235

7 E

xhib

it B

(68

83 :

Aw

ard

of

a N

ew P

rog

ram

Pro

ject

Man

agem

ent

and

Oth

er T

ech

nic

al S

ervi

ces

Co

ntr

act)


Minute Action

AGENDA ITEM: 5


Subject:

Award Contract No. 20-1002377 for On-Call Environmental Services

Recommendation:



meeting:

Approve Contract No. 20-1002377 with Vandermost Consulting Services, Inc. to provide

On-Call Environmental Services for a five-year term in an amount not-to-exceed $3,000,000.

Background:

In December 2014, the San Bernardino County Transportation Authority (SBCTA) Board of

Directors (Board) awarded a $3,000,000, five-year On-Call Environmental Services contract to

fulfill the need for professional environmental services and for specialized professional services

for the various projects within the Major Projects Delivery Program. This contract was amended

in July 2018, to clarify contract language pertaining to billing actual costs rather than fixed rates

and in July 2019, to exercise a one-year option to extend the completion date to

December 31, 2020. Rather than exercise a second one-year option, a determination was made to

re-procure the On-Call Environmental Services contract.

Since the inception of the On-Call Environmental Services contract, many necessary services

have been completed to assist in the timely delivery of SBCTA’s major projects. The most

significant service provided under this contract is that of the Environmental Project Manager

(PM). Since SBCTA does not employ its own Environmental PM, this contract provides the

flexibility and cost effectiveness to use the PM on an as-needed basis. In addition, Federal and

State regulatory changes are identified and tracked with any effects conveyed to SBCTA for

information or input. Other services include providing management and oversight for peer

review of environmental documents to ensure completeness, proactively identifying potential

environmental risks early in a project’s schedule, early integration of environmental constraints

into the project’s design, developing mitigation strategies prior to entering into negotiations with

resource agencies, coordination with resource agencies, paleontological and biological

monitoring, and environmental permitting. The environmental services span from the conceptual

phase of a project through construction and may include post-construction regulatory permitting

requirements and/or mitigation and monitoring for some projects.

SBCTA has benefitted enormously from the on-call environmental resource. The benefits have

resulted in schedule and cost savings, ensuring delivery dates are realized, receiving funding, and

constructing projects in compliance with permits and other regulatory requirements. The peer

review has effectively reduced the number and extent of California Department of Transportation

(Caltrans) review iterations for various environmental documents, thereby saving time in the

project schedule, saving SBCTA consultant resources, and optimizing the use of Caltrans’

limited resources.

5

Packet Pg. 62


October 15, 2020

Page 2


Numerous environmental tasks for the many projects in the Project Delivery Program have been

completed. In part, the list of tasks completed for ongoing and anticipated for future projects

includes:

Management of the environmental phase of work and specific environmental studies.

Oversight and peer review for environmental documents and studies.

Participation in Project Development Team (PDT) meetings.

Processing of jurisdictional water permits.

Researching and negotiating mitigation property options.

Managing Contract Task Order procurement and activities.

Processing of regulatory permits.

Evaluating draft legislation and determining the effects.

Identify federal or state regulatory changes and prepare SBCTA for potential impacts

they may cause.

Negotiating terms and requirements for permits and agreements with various Federal and

State resource agencies.

Providing recommendations to SBCTA staff on viability and applicability of

environmental mitigation measures and requirements in environmental studies, the

Environmental Commitment Record (ECR), bid documents and permits.

The vigorous Project Delivery Program continues to strive for effective project delivery in

conjunction with the other stakeholders such as Caltrans, regulatory agencies, and local agencies.

To meet this need and to stay abreast of any changes to law or policies it is estimated that the

on-call environmental service needs for the next five years at SBCTA will be $3,000,000.

Tasks that yield a product, and are not oversight or peer review, will be assigned by task order.

On June 4, 2020, Request for Proposals (RFP) No. 20-1002377 was released and posted on

SBCTA’s PlanetBids and on the agency website in response to a request from Project Delivery

to solicit firms to assist SBCTA in providing On-Call Environmental Services. The solicitation

was issued in accordance with Procurement Policy No. 11000. Approximately two-hundred fifty

(250) firms and consultants registered on SBCTA’s PlanetBids website were electronically

notified of the RFP and one-hundred four (104) firms downloaded the RFP. The anticipated

budget for this procurement was based on the hourly pricing proposed by the firms for the staff

required to provide audit and price review services using local funds.

A pre-proposal meeting was held on June 16, 2020. On June 17, 2020, Addendum No. 1 was

released providing questions and answers received during the pre-proposal meeting, sign-in

sheet, and presentation. On June 24, 2020, Addendum No. 2 was released providing SBCTA’s

responses to questions received by the deadline outlined in the RFP. On July 1, 2020, Addendum

No. 3 was released providing a clarification and a contract change.

On July 16, 2020, SBCTA received proposals from the following five (5) firms/consultants by

the date and time specified in the RFP: Carlson, Dudek, Nova, Sapphos, and Vandermost

Consulting Services, Inc (VCS). A responsiveness review was conducted by the Procurement

Manager and found all proposals to be in compliance with the RFP specifications and

requirements.

5

Packet Pg. 63


October 15, 2020

Page 3


The Evaluation Committee was comprised of SBCTA staff members. Copies of the proposals

were disseminated to the Evaluation Committee along with copies of Score Sheets and the

Declaration of Impartiality and Confidentiality form required of everyone gaining access to

proposals submitted.

On July 28, 2020, a virtual short-list meeting was held. The Evaluation Committee reviewed the

proposals and assigned point scores as outlined in the procurement policy to assign a total score

to establish the basis for ranking the firms. Scores were determined following the evaluation

criteria that identified the firm’s strengths and weaknesses as presented in the submitted

proposals. The Procurement Manager provided the Evaluation Committee with information

received from reference checks for each of the firms that was taken into consideration to rate

proposals and did not identify any irregularities or ratings to raise concern.

The evaluation criteria and maximum points established for the procurement was used by the

Evaluation Committee as the basis of the scores awarded to each firm. Firms could earn a

maximum of forty (40) points possible for the Qualifications of the Firm, a maximum of forty

(40) points possible for the Management Approach, and a maximum of twenty (20) points

possible for the Technical Approach and/or Work Plan for a maximum of 100 points.

The Evaluation Committee final scores were used to rank firms and established Dudek and VCS

as the short-list firms who were invited to interviews.

The interview format and process was reviewed with the Evaluation Committee noting the

expectations and responsibilities in accordance with Procurement Policy No. 11000 in the

selection process of the short-listed firms. Each firm was scheduled for 45-minute interviews that

consisted of 10 minutes for opening statements and introduction of key personnel, 30 minutes to

respond to the same seven (7) questions asked of each firm and 5 minutes for closing statements.

After the last interview, Evaluation Committee members individually calculated final interview

scores based on responses given by the firms. Final scores were submitted to the Procurement

Manager who combined them with the proposal scores established during the short-list meeting

to arrive at scores giving 40% weight for proposals and 60% weight for interviews for a final

total of 100% to identify the highest ranking firm based on overall scores. The Evaluation

Committee reviewed the outcome and discussed questions and concerns to arrive at a final

consensus in support of the highest scoring ranked firm.

The Evaluation Committee considered both firms qualified to perform the work specified in the

RFP and possessed the ability to carry out all aspects of the project. VCS was identified as the

highest ranked firm and was selected for the following reasons: they proposed a highly qualified

and specialized team, they demonstrated superior understanding of SBCTA program needs, they

have a long history and standing relationships with Caltrans District 8 and local resource agency

staff, and they demonstrated a strong understanding of recently enacted legislation that may

impact our program and individual projects. Based on the technical and interview evaluations

conducted by the Evaluation Committee for this procurement the committee recommends that

the contract for RFP No. 20-1002377 be awarded to VCS for a not-to-exceed amount of

$3,000,000. The scoring matrix and individual Evaluation Committee member scoring

information with comments and remarks that support scores, evaluation forms, SAM reports, and

reference checks are located in the Contract Audit File.

5

Packet Pg. 64


October 15, 2020

Page 4


Financial Impact:

This item is consistent with the Fiscal Year 2020/2021 Budget and is funded with various local

sources and Measure I.

Reviewed By:



this item and the draft contract.

Responsible Staff:


Approved



Witnessed By:

5

Packet Pg. 65

Fund Prog Task

Sub-

Task PA Level

GL: 40 0815 0000 620

GL:

GL:

GL:

GL:

GL:

GL:

GL:

GL:

GL:

Contract No:

NoSole Source?

Amendment No.:

Department:

Vendor Name: Vandermost Consulting Services, Inc.


Vendor No.:


11/07/2020

-

-

-

-

-

- -

Additional Notes:

Evelyn Burk

Date: Item #

52001 - Multi


Dollar Amount



10/31/2025



20-1002377




Prior Amendments

02310



-

-

Other Contracts

Current Amendment


-$

-$

-$

Description: On-Call Environmental Service


3,000,000.00$

Prior Amendments

Original Contract

-$ -$


Paula Beauchamp



3,000,000.00$

3,000,000.00

-

-

-

-

-

-

-

Federal/State/Local Professional Services (Non-A&E)

N/A

-$

N/A

Revenue Code Name

No NoNHS: QMP/QAP: Prevailing Wage:

Accounts Payable

Object Revenue

-

-

Expiration Date:

Form 200 11/2019 1/1

5.a

Packet Pg. 66

Att

ach

men

t: C

SS

- 2

0-10

0237

7 [R

evis

ion

1]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)

20-1002377 A&E Services Caltrans language Non-Federal

Page 1 of 55

CONTRACT 20-1002377

BY AND BETWEEN

SBCTA

AND

VANDERMOST CONSULTING SERVICES, INC.

FOR

ON-CALL ENVIRONMENTAL SERVICES

This contract ( “Contract”) is made and entered into by and between the San Bernardino County

Transportation Authority, (“SBCTA”), whose address is 1170 W. 3rd Street, 2nd Floor, San

Bernardino, California 92410-1715; and Vandermost Consulting Services, Inc.

(“CONSULTANT”), whose address is: 30900 Rancho Viejo Road, Suite 100, San Juan Capistrano,

CA 92675. SBCTA and CONSULTANT are each a “Party” and collectively the “Parties”.

RECITALS:

WHEREAS, SBCTA requires Work as described in Exhibit A of this Contract; and

WHEREAS, CONSULTANT has confirmed that CONSULTANT has the requisite

professional qualifications, personnel and experience and is fully capable and qualified to perform

the services identified herein; and

WHEREAS, CONSULTANT desires to perform all Work identified herein and to do so for the

compensation and in accordance with the terms and conditions set forth herein.

NOW, THEREFORE, the Parties agree as follows:

ARTICLE 1. INTRODUCTION

1.1 The work to be performed under this Contract is described in Exhibit A, entitled “Scope of

Work”, and the CONSULTANT’s Approved Cost Proposal dated August 25, 2020 (Exhibit

B). If there is any conflict between the Approved Cost Proposal and the Contract Articles,

the Contract Articles take precedence.

5.b

Packet Pg. 67

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)


Page 2 of 55

1.2 CONSULTANT agrees to indemnify and hold harmless SBCTA, its officers, agents and

employees from any and all claims, demands, costs, or liability arising from or connected

with the services provided hereunder due to negligent acts, errors, or omissions of the

CONSULTANT. CONSULTANT will reimburse SBCTA for any expenditure, including

reasonable attorney fees, incurred by SBCTA in defending against claims ultimately

determined to be due to negligent acts, errors, or omissions of the CONSULTANT.

1.3 CONSULTANT and the agents and employees of CONSULTANT, in the performance of

this Contract, shall act in an independent capacity and not as officers or employees or agents

of SBCTA.

1.4 Without the written consent of SBCTA, this Contract is not assignable by CONSULTANT,

either in whole or in part.

1.5 No alteration or variations of the terms of this Contract shall be valid unless made in writing

and signed by the Parties hereto; and no oral understanding or agreement not incorporated

herein shall be binding on any of the Parties hereto.

1.6 The consideration to be paid to CONSULTANT as provided herein shall be in compensation

for all of CONSULTANT’s expenses incurred in the performance hereof, including travel

and per diem, unless otherwise expressly so provided.

1.7 The Project Manager for this Contract is Tim Byrne, or such other designee as shall be

designated in written notice to CONSULTANT from time to time by the Executive Director

of SBCTA or his or her designee. The Project Manager shall have authority to act on behalf

of SBCTA in administering this Contract, including giving notices (including, without

limitation, notices of default and/or termination), technical directions and approvals; issuing,

executing and amending CTOs; and demanding performance and accepting work performed,

and as otherwise authorized by SBCTA policies, but is not authorized to receive or issue

payments or execute amendments to the Contract itself.

ARTICLE 2. PROJECT DESCRIPTION/SCOPE OF WORK

CONSULTANT agrees to perform the work and services set forth in Exhibit A “Scope of Work”,

(“Work”), in accordance with all applicable professional architectural, engineering, construction

management, land surveying and/or materials testing standards which are generally accepted in the

State of California, in accordance with the terms and conditions expressed herein and in the

sequence, time, and manner defined herein. The word “Work”, as used herein, includes without

limitation the performance, fulfillment and discharge by CONSULTANT of all obligations, duties,

tasks, and Work imposed upon or assumed by CONSULTANT hereunder; and the Work performed

hereunder shall be completed to the satisfaction of SBCTA, with their satisfaction being based on

prevailing applicable professional standards.

ARTICLE 3. CONSULTANT’S REPORTS OR MEETINGS

3.1 CONSULTANT shall submit progress reports at least once a month. The report should be

sufficiently detailed for SBCTA to determine if CONSULTANT is performing to

expectations and is on schedule, to provide communication of interim findings, and to

sufficiently address any difficulties or special problems encountered, so remedies can be

developed.

5.b

Packet Pg. 68

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)


Page 3 of 55

3.2 CONSULTANT’s Project Manager shall meet with SBCTA, as needed, to discuss progress

on the Contract.

ARTICLE 4. PERFORMANCE PERIOD

4.1 This Contract shall go into effect on November 6, 2020, contingent upon approval by

SBCTA’s Awarding Authority, and CONSULTANT shall commence work after written

notification to proceed by SBCTA’s Procurement Analyst. The Contract shall end on

October 31, 2025, unless extended by written amendment.

4.2 CONSULTANT is advised that any recommendation for contract award is not binding on

SBCTA until the Contract is fully executed and approved by SBCTA’s Awarding Authority.

4.3 The period of performance for each specific project shall be in accordance with the Contract

Task Order for that project. If work on a Contract Task Order is in progress on the

expiration date of this Contract, the terms of the Contract shall be extended by contract

amendment.

ARTICLE 5. ALLOWABLE COSTS AND PAYMENTS

5.1 Specific tasks resulting in studies and/or reports for particular projects will be assigned to

CONSULTANT through issuance of Contract Task Orders.

5.2 After a project specific task to be performed under this Contract is identified by the SBCTA

Project Manager for the project, the SBCTA Project Manager will prepare a Contract Task

Order (CTO), less the cost estimate. A draft CTO will identify the Scope of Work, expected

results, project deliverables, period of performance, project schedule and will designate an

SBCTA Project Manager. The CTO will be delivered to CONSULTANT for review with a

deadline for submittal. CONSULTANT shall return the CTO prior to the deadline

established along with a cost estimate, including a written estimate of the number of hours

and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if

any, and total dollar amount. After agreement has been reached on the negotiable items and

total cost; the finalized CTO shall be signed by both SBCTA and CONSULTANT and

charges may be incurred and reimbursed.

5.3 CTO’s may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of

compensation, both of which must be based on the labor and other rates set forth in

CONSULTANT’s Cost Proposal.

5.4 CONSULTANT will be reimbursed for hours worked at the hourly rates specified in

CONSULTANT’s Cost Proposal “Exhibit B”. The specified hourly rates shall include direct

salary costs, employee benefits, overhead, and fee.

5.5 Escalation shall be at a specific rate, as shown on the Bureau of Labor Statistics

Employment Cost Index for Total Compensation for private industry workers, Table 5,

Private Industry Workers, Occupational Group “Professional and Related” or its successor.

The Employment Cost Index will be annually adjusted, apply to total benefits for the private

industry economic sector and not be seasonally adjusted, but will include a 12-month

percent change. Escalation shall commence as of January 1, 2022, using the prior year

5.b

Packet Pg. 69

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)


Page 4 of 55

September percecnt change and shall be applied each January 1st for the term of the

Contract.

5.6 In addition, CONSULTANT will be reimbursed for incurred (actual) direct costs other than

salary costs that are in the cost proposal and identified in the cost proposal and in the

executed CTO.

5.7 Reimbursement for transportation and subsistence costs shall be approved by SBCTA in

advance and shall not exceed the rates as specified in the approved Cost Proposal.

5.8 When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT

shall obtain prior written approval for a revised milestone cost estimate from SBCTA’s

Project Manager before exceeding such estimate.

5.9 Progress payments for CTO will be made monthly in arrears based on Work provided and

actual costs incurred.

5.10 CONSULTANT shall not commence performance of Work until this Contract has been

approved by SBCTA, and a NTP has been issued by SBCTA’s Procurement Analyst. No

payment will be made prior to approval or for any Work performed prior to approval of this

Contract.

5.11 A CTO is of no force or effect until returned to SBCTA and signed by an authorized

representative of SBCTA. No expenditures are authorized on a project and Work shall not

commence until a CTO for that project has been executed by SBCTA.

5.12 CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit upon

receipt by SBCTA of itemized invoices. Separate invoices itemizing all costs are required

for all Work performed under each CTO. Invoices shall be submitted no later than 45

calendar days after the performance of Work for which CONSULTANT is billing, or upon

completion of the CTO. Invoices shall detail the Work performed on each milestone, on

each project as applicable. Invoices shall follow the format stipulated for the approved cost

proposal and shall reference this Contract number, project title and CTO number. Credits

due SBCTA that include any equipment purchased under this Contract, must be reimbursed

by CONSULTANT prior to the expiration or termination of this Contract. Invoices shall be

mailed to SBCTA at the following address: [email protected]

5.13 CONSULTANT shall include a statement and release with each invoice, satisfactory to

SBCTA, that CONSULTANT has fully performed the Work invoiced pursuant to this

Contract for the period covered, that all information included with the invoice is true and

correct and that all payments to and claims of CONSULTANT and its subconsultants for

Work during the period will be satisfied upon the making of such payment. SBCTA shall

not be obligated to make payments to CONSULTANT until CONSULTANT furnishes such

statement and release.

5.14 CONSULTANT agrees to promptly pay each subconsultant for the satisfactory completion

of all Work performed under this Contract, no later than seven (7) calendar days from the

receipt of payment from SBCTA. SBCTA reserves the right to request documentation from

CONSULTANT showing payment has been made to its subconsultants. SBCTA also

reserves the right, at its own sole discretion, to issue joint checks to CONSULTANT and

5.b

Packet Pg. 70

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)


Page 5 of 55

any subconsultant(s), which shall constitute payment to CONSULTANT in compliance with

the terms of this Contract.

5.15 Any costs for which payment has been made to CONSULTANT that are determined by

subsequent audit to be unallowable under 48 CFR, Ch. 1, Subch. E, Part 31, is subject to

repayment by CONSULTANT to SBCTA.

5.16 CONSULTANT reimbursement for the production of monthly billings shall be included in

overhead.

5.17 The period of performance for CTOs shall be in accordance with the dates specified in each

CTO. No CTO will be written which extends beyond the expiration date of this Contract.

5.18 The total amount payable by SBCTA for a CTO shall not exceed the amount agreed to in the

CTO, unless authorized by a CTO amendment.

5.19 The total amount payable by SBCTA for all CTO’s resulting from this Contract shall not

exceed $3,000,000. It is understood and agreed that there is no guarantee, either expressed

or implied that this dollar amount will be authorized under this Contract through CTO’s.

5.20 All subcontracts in excess of $25,000 shall contain the above provisions.

ARTICLE 6. TERMINATION

6.1 Termination for Convenience – SBCTA’s Executive Director shall have the right at any

time, with or without cause, to terminate further performance of Work by giving thirty (30)

calendar days written notice to CONSULTANT specifying the date of termination. On the

date of such termination stated in said notice, CONSULTANT shall promptly discontinue

performance of Work and shall preserve Work in progress and completed Work, pending

SBCTA's instruction, and shall turn over such Work in accordance with SBCTA’s

instructions.

6.1.1 CONSULTANT shall deliver to SBCTA all deliverables prepared by

CONSULTANT or its subconsultants or furnished to CONSULTANT by SBCTA.

Upon such delivery, CONSULTANT may then invoice SBCTA for payment in

accordance with the terms herein.

6.1.2 If CONSULTANT has fully and completely performed all obligations under this

Contract up to the date of termination, CONSULTANT shall be entitled to receive

from SBCTA as complete and full settlement for such termination a pro rata share of

the Contract cost based upon the percentage of all contracted Work satisfactorily

executed to the date of termination.

6.1.3 CONSULTANT shall be entitled to receive the actual costs incurred by

CONSULTANT to return CONSULTANT's tools and equipment, if any, to it or its

suppliers' premises, or to turn over Work in progress in accordance with SBCTA's

instructions plus the actual cost necessarily incurred in effecting the termination.

5.b

Packet Pg. 71

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)


Page 6 of 55

6.2 Termination for Cause

6.2.1 In the event CONSULTANT shall file a petition in bankruptcy court, or shall make a

general assignment for the benefit of its creditors, or if a petition in bankruptcy shall

be filed against CONSULTANT or a receiver shall be appointed on account of its

insolvency, or if CONSULTANT shall default in the performance of any express

obligation to be performed by it under this Contract and shall fail to immediately

correct (or if immediate correction is not possible, shall fail to commence and

diligently continue action to correct) such default within ten (10) calendar days

following written notice, SBCTA may, without prejudice to any other rights or

remedies SBCTA may have, and in compliance with applicable Bankruptcy Laws:

(a) hold in abeyance further payments to CONSULTANT; (b) stop any Work of

CONSULTANT or its subconsultants related to such failure until such failure is

remedied; and/or (c) terminate this Contract by written notice to CONSULTANT

specifying the date of termination. In the event of such termination by SBCTA,

SBCTA may take possession of the products and finished Work by whatever method

SBCTA may deem expedient. A waiver by SBCTA of one default of

CONSULTANT shall not be considered to be a waiver of any subsequent default of

CONSULTANT of the same or any other provision, nor be deemed to waive, amend,

or modify this Contract.

6.2.2 CONSULTANT shall deliver to SBCTA all finished and unfinished deliverables

under this Contract prepared by CONSULTANT or its subconsultants or furnished to

CONSULTANT by SBCTA within ten (10) working days of said notice.

6.3 All claims for compensation or reimbursement of costs under any of the foregoing provisions

shall be supported by documentation submitted to SBCTA, satisfactory in form and content

to SBCTA and verified by SBCTA. In no event shall CONSULTANT be entitled to any

payment for prospective profits or any damages because of such termination.

6.3.1 All subcontracts in excess of $25,000 shall contain the above provisions.

ARTICLE 7. FUNDING REQUIREMENTS

7.1 It is mutually understood between the Parties that this Contract may have been written

before ascertaining the availability of funds or appropriation of funds for the mutual benefit

of both Parties, in order to avoid program or fiscal delays that would occur if the Contract

were executed after that determination was made.

7.2 This Contract is valid and enforceable only if sufficient funds are made available to SBCTA

for the purpose of this Contract. In addition, this Contract is subject to any additional

restrictions, limitations, conditions, or any statute enacted by Congress, State Legislature, or

SBCTA governing board that may affect the provisions, terms, or funding of this Contract in

any manner.

7.3 It is mutually agreed that if sufficient funds are not appropriated, this Contract may be

amended to reflect any reduction in funds.

7.4 SBCTA has the option to void the Contract under the 30-day cancellation clause, or by

mutual agreement to amend the Contract to reflect any reduction of funds.

5.b

Packet Pg. 72

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)


Page 7 of 55

ARTICLE 8. CHANGE IN TERMS

8.1 This Contract may be amended or modified only by mutual written agreement of the Parties.

8.2 CONSULTANT shall only commence Work covered by an amendment after the amendment

is executed and the NTP has been provided by SBCTA’s Procurement Analyst.

8.3 There shall be no change in CONSULTANT’s Project Manager or members of the project

team, as listed in the approved cost proposal, which is part of this Contract without prior

written approval of SBCTA.

ARTICLE 9. DISADVANTAGED BUSINESS ENTERPRISE

Intentionally Omitted

ARTICLE 10. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS

10.1 CONSULTANT agrees that the Contract Cost Principles and Procedures, 48 CFR Federal

Acquisition Regulations System, Chapter 1, Part 31.000 et seq. shall be used to determine

the cost allowability of individual items.

10.2 CONSULTANT also agrees to comply with federal procedures in accordance with 49 CFR,

Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to

State and Local Governments.

10.3 Any costs for which payment has been made to CONSULTANT that are determined by

subsequent audit to be unallowable under 49 CFR, Part 18 and 48 CFR Federal Acquisition

Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by

CONSULTANT to SBCTA.

10.4 All subcontracts in excess of $25,000 shall contain the above provision.

ARTICLE 11. CONTINGENT FEE

CONSULTANT warrants by execution of this Contract that no person or selling agency has been

employed or retained to solicit or secure this Contract 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 CONSULTANT for the purpose of

securing business. For breach or violation of this warranty, SBCTA has the right to annul this

Contract without liability; pay only for the value of the Work actually performed, or in its

discretion, to deduct from the Contract price or consideration, or otherwise recover, the full amount

of such commission, percentage, brokerage, or contingent fee.

ARTICLE 12. RETENTION OF RECORDS/AUDIT

Intentionally Omitted

ARTICLE 13. DISPUTES

13.1 Any dispute, other than audit, concerning a question of fact arising under this Contract that

is not disposed of by agreement shall be decided by a committee consisting of SBCTA’s

Procurement Manager and SBCTA’s Executive Director, who may consider written or

verbal information submitted by CONSULTANT.

5.b

Packet Pg. 73

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)


Page 8 of 55

13.2 Not later than 30 days after completion of all Work under the Contract, CONSULTANT

may request review by SBCTA’s Executive Director of unresolved claims or disputes, other

than audit. The request for review will be submitted in writing.

13.3 Neither the pendency of a dispute nor its consideration by SBCTA’s Executive Director,

will excuse CONSULTANT from full and timely performance in accordance with the terms

of this Contract.

ARTICLE 14. AUDIT REVIEW PROCEDURES

14.1 Any dispute concerning a question of fact arising under an interim or post audit of this

Contract that is not disposed of by agreement shall be reviewed by SBCTA’s Chief

Financial Officer.

14.2 Not later than 30 days after issuance of final audit report, CONSULTANT may request a

review by SBCTA’s Chief Financial Officer of unresolved audit issues. The request for

review must be submitted in writing.

14.3 Neither the pendency of a dispute nor its consideration by SBCTA will excuse

CONSULTANT from full and timely performance in accordance with the terms of this

Contract.

ARTICLE 15. SUBCONTRACTING

15.1 Nothing contained in this Contract or otherwise shall create any contractual relation between

SBCTA and any subconsultant(s), and no subcontract shall relieve CONSULTANT of its

responsibilities and obligations hereunder. CONSULTANT agrees to be fully responsible to

SBCTA for the acts and omissions of its subconsultant(s) and of persons directly employed

by CONSULTANT. CONSULTANT’s obligation to pay its subconsultant(s) is independent

of SBCTA’s obligation to make payments to the CONSULTANT.

15.2 CONSULTANT shall perform the Work contemplated with resources available within its

own organization, and no portion of the Work pertinent to this Contract shall be

subcontracted without prior written authorization by SBCTA, except that which is expressly

identified in the approved Cost Proposal.

15.3 CONSULTANT shall pay its subconsultant(s) within ten (10) calendar days from receipt of

each payment made to CONSULTANT by SBCTA.

15.4 Any subcontract in excess of $25,000 entered into as a result of this Contract shall contain

all the provisions stipulated in this Contract to be applicable to subconsultants.

15.5 Any substitution of subconsultants must be approved in writing by SBCTA prior to the start

of Work by the subconsultant.

ARTICLE 16. EQUIPMENT PURCHASE

16.1. Prior authorization in writing by SBCTA shall be required before CONSULTANT enters

into any unbudgeted purchase order or subcontract exceeding $5,000 for supplies,

equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the

necessity or desirability of incurring such costs.

5.b

Packet Pg. 74

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)


Page 9 of 55

16.2. When seeking SBCTA’s prior written authorization for purchase of any item, service or

consulting work not covered in CONSULTANT’s Cost Proposal and exceeding $5,000,

CONSULTANT must submit three competitive quotations with the request, or the absence

of bidding must be adequately justified.

16.3. Any equipment purchased as a result of this Contract is subject to the following:

“CONSULTANT shall maintain an inventory of all nonexpendable property.

Nonexpendable property is defined as having a useful life of at least two years and an

acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is

sold or traded in, SBCTA shall receive a proper refund or credit at the conclusion of the

Contract, or if the Contract is terminated, CONSULTANT may either keep the equipment

and credit SBCTA in an amount equal to its fair market value, or sell such equipment at the

best price obtainable at a public or private sale, in accordance with established SBCTA

procedures, and credit SBCTA in an amount equal to the sales price. If CONSULTANT

elects to keep the equipment, fair market value shall be determined at CONSULTANT’s

expense, on the basis of a competent independent appraisal of such equipment. Appraisals

shall be obtained from an appraiser mutually agreeable to SBCTA and CONSULTANT. If it

is determined to sell the equipment, the terms and conditions of such sale must be approved

in advance by SBCTA.”

16.4 All subcontracts in excess $25,000 shall contain the above provisions.

ARTICLE 17. INSPECTION OF WORK

CONSULTANT and any subconsultant shall permit SBCTA and the State, to review and inspect the

project activities and files at all reasonable times during the performance period of this Contract

including review and inspection on a daily basis.

ARTICLE 18. SAFETY

18.1 CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT

regarding necessary safety equipment or procedures. CONSULTANT shall comply with

safety instructions issued by SBCTA or other SBCTA representative. CONSULTANT

personnel shall wear hard hats and safety vests at all times while working on the

construction project site.

18.2 Pursuant to the authority contained in Section 591 of the Vehicle Code, SBCTA has

determined that such areas are within the limits of the Project and are open to public traffic.

CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13,

14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary

precautions for safe operation of its vehicles and the protection of the traveling public from

injury and damage from such vehicles.

18.3 Any subcontract entered into as a result of this Contract shall contain all of the provisions of

this Article.

ARTICLE 19. INSURANCE

19.1 Prior to commencing the Work, subject to the provisions of Article 19.2 “General

Provisions”, and at all times during the performance of the Work and for such additional

5.b

Packet Pg. 75

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)


Page 10 of 55

periods as required herein, CONSULTANT and all sub-consultants of every tier performing

any Work under this contract shall, at CONSULTANT’s and sub-consultant's sole expense,

procure and maintain broad form insurance coverage at least as broad as the following

minimum requirements specified below:

19.1.1 Professional Liability. The policies must include the following:

A limit of liability not less than $3,000,000 per claim

An annual aggregate limit of not less than $9,000,000

Coverage shall be appropriate for the CONSULTANT’S profession and provided

services to include coverage for errors and omissions arising out of the

CONSULTANT’S professional services, or services of any person employed by the

CONSULTANT, or any person for whose acts, errors, mistakes or omissions the

CONSULTANT may be legally liable.

If Coverage is on a claims made basis:

o Policy shall contain a retroactive date for coverage of prior acts, which date will

be prior to the date the CONSULTANT begins to perform Work under this

Contract.

o CONSULTANT shall secure and maintain “tail” coverage for a minimum of

three (3) years after Contract completion.

19.1.2 Worker’s Compensation/Employer’s Liability. The policies must include the

following:

Coverage A. Statutory Benefits

Coverage B. Employer’s Liability

Bodily Injury by accident - $1,000,000 per accident

Bodily Injury by disease - $1,000,000 policy limit/$1,000,000 each employee

Such policies shall contain a waiver of subrogation in favor of the parties named as

Indemnitees below. Such insurance shall be in strict accordance with the applicable

workers’ compensation laws in effect during performance of the Work by CONSULTANT

or any subconsultant of any tier. All subconsultants of any tier performing any portion of

the Work for CONSULTANT shall also obtain and maintain the same insurance coverage as

specified in this subparagraph, with a waiver of subrogation in favor of CONSULTANT and

all parties named as Indemnitees below. Where coverage is provided through the California

State Compensation Insurance Fund, the requirement for a minimum A.M. Best rating does

not apply.

19.1.3 Commercial General Liability. The policy must include the following:

Consultant shall maintain commercial general liability(CGL) insurance (Insurance

Services Office (ISO) Form CG 00 01), and if necessary excess/umbrella

commercial liability insurance, with a combined limit of liability of not less than

$7,000,000 each occurrence. If the contract value is equal to or in excess of

5.b

Packet Pg. 76

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)


Page 11 of 55

$25,000,000, then the combined limit of liability shall be no less than $25,000,000

each occurrence.

The policy shall, at a minimum, include coverage for any and all of the following:

bodily injury, property damage, personal injury, broad form contractual liability

(including coverage to the maximum extent possible for the indemnifications in this

Contract), premises-operations (including explosion, collapse and underground

coverage), duty to defend in addition to (without reducing) the limits of the

policy(ies), and products and completed operations.

o $2,000,000 per occurrence limit for property damage or bodily injury

o $1,000,000 per occurrence limit for personal injury and advertising injury

o $2,000,000 per occurrence limits for products/completed operations coverage

(ISO Form 20 37 10 01) if SBCTA’s Risk Manager determines it is in

SBCTA’s best interests to require such coverage,

o If a general aggregate applies, it shall apply separately to this project/location.

The project name must be indicated under “Description of Operations/Locations”

(ISO Form CG 25 03 or CG 2504).

Coverage is to be on an “occurrence” form. “Claims made” and “modified

occurrence” forms are not acceptable.

A copy of the declaration page or endorsement page listing all policy endorsements

for the CGL policy must be included.

All subconsultants of any tier performing any portion of the Work for CONSULTANT shall

also obtain and maintain the CGL insurance coverage with limits not less than:

Each occurrence limit: $1,000,000

General aggregate limit: $2,000,000

Personal injury and advertising limit $1,000,000

Products-completed operations aggregate limit $2,000,000

All subconsultants’ and sub-subconsultants’ deductibles or self-insured retentions must be

acceptable to SBCTA’s Risk Manager.

19.1.4 Umbrella/Excess CGL. The policy must include the following:

If the CONSULTANT elects to include an umbrella or excess policy to cover any of

the total limits required beyond the primary commercial general liability policy

limits and/or the primary commercial automobile liability policy limits, then the

policy must include the following:

o The umbrella or excess policy shall follow form over the CONSULTANT’s

primary general liability coverage and shall provide a separate aggregate

limit for products and completed operations coverage.

o The umbrella or excess policy shall not contain any restrictions or exclusions

beyond what is contained in the primary policy.

o The umbrella or excess policy shall contain a clause stating that it takes effect

(drops down) in the event the primary limits are impaired or exhausted.

5.b

Packet Pg. 77

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)


Page 12 of 55

o The umbrella or excess policy must also extend coverage over the automobile

policy if it is to be used in combination with the primary automobile policy to

meet the total insurance requirement limits.

There shall be no statement limiting the coverage provided to the parties listed as

additionally insureds or as indemnitees below.

19.1.5 Commercial Auto. The policy must include the following:

A total limit of liability of not less than $1,000,000 each accident. This total limits

of liability may be met by combining the limits of the primary auto policy with an

umbrella or excess policy in accordance with subparagraph 4 (Umbrella/Excess

CGL) of Section A of this Article.

Such insurance shall cover liability arising out of any vehicle, including owned,

hired, leased, borrowed and non-owned vehicles assigned to or used in performance

of the CONSULTANT services.

o Combined Bodily Injury and Property Damage Liability insurance

The commercial automobile liability insurance shall be written on the most recent

edition of ISO Form CA 00 01 or equivalent acceptable to SBCTA.

19.1.6 Pollution Liability – Intentionally Omitted

19.1.7 Railroad Protective Liability The policy must include the following:

Should the CONSULTANT need to perform activities in a railroad right-of-way,

SBCTA’s Risk Manager and/or a railroad operator may require CONSULTANT to

provide Railroad Protective Liability.

In such a case, the policy shall be in amounts and coverages and from issuers,

acceptable to the Railroad of Record from which a “Right of Entry” permit shall be

obtained by the CONSULTANT.

Depending on facts and circumstances, and the terms and conditions of the policy

involved, SBCTA’s Risk Manager may choose to find that the CONSULTANT

satisfactorily meets this requirement by obtaining one of the following: a) an

acceptable Railroad Protective Liability specific policy; b) a waiver of any railroad

liability exclusion from the CONSULTANT’s existing general liability policy; or c)

acceptable general liability insurance without a railroad exclusion.

19.2 General Provisions

19.2.1 Qualifications of Insurance Carriers. All policies written by insurance carriers shall

be authorized and admitted to do business in the state of California with a current

A.M. Best rating of A-VIII or better. Professional Liability and Contractor’s

Pollution Liability policies may be from non-admitted carriers provided they are

authorized and licensed in the state of California and meet the current A.M. Best

rating of A: VIII or better.

19.2.2 Additional Insurance Coverage. All policies, except those for Workers’

Compensation and Professional Liability insurance, shall be endorsed by ISO Form

CG 20 10 11 85, or if not available, then ISO Form CG 20 38, to name San

Bernardino County Transportation Authority and its officers, directors, members,

5.b

Packet Pg. 78

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)


Page 13 of 55

employees, agents and volunteers, as additional insureds (“Additional Insureds”).

With respect to general liability arising out of or connected with work or operations

performed by or on behalf of the CONSULTANT under this Contract, coverage for

such Additional Insureds shall not extend to liability to the extent prohibited by

section 11580.04 of the Insurance Code. The additional insured endorsements shall

not limit the scope of coverage for SBCTA to vicarious liability but shall allow

coverage for SBCTA to the full extent provided by the policy.

19.2.3 Proof of Coverage. Evidence of insurance in a form acceptable to SBCTA’s Risk

Manager, including declarations pages of each policy, certificates of insurance and

the required additional insured endorsements, shall be provided to SBCTA’s

Procurement Analyst prior to issuance of the NTP or prior to commencing any

Work, as SBCTA specifies. Certificate(s) of insurance, as evidence of the required

insurance shall: be executed by a duly authorized representative of each insurer;

show compliance with the insurance requirements set forth in this Article; set forth

deductible amounts applicable to each policy; list all exclusions which are added by

endorsement to each policy; and also include the Contract Number and the SBCTA

Project Manager’s name on the face of the certificate. If requested in writing by

SBCTA, CONSULTANT shall submit complete copies of all required insurance

policies within ten (10) business days of a written request by SBCTA.

19.2.4 Deductibles. Regardless of the allowance of exclusions or deductibles by SBCTA,

CONSULTANT shall be responsible for any deductible amount and shall warrant

that the coverage provided to SBCTA is consistent with the requirements of this

Article. CONSULTANT will pay, and shall require its sub-consultants to pay, all

deductibles, co-pay obligations, premiums and any other sums due under the

insurance required in this Article. All deductibles will be in amounts acceptable to

SBCTA’s Risk Manager. CONSULTANT will advise SBCTA in writing as to the

amounts of any deductible, or as to any increase in any insurance deductible under

any insurance required above. There will be no deductibles in excess of $250,000

per occurrence, loss or claim under the insurance. There shall be no self-insured

retention. SBCTA will have the right, but not the obligation, to pay any deductible

due under any insurance policy. If SBCTA pays any sums due under any insurance

required above, SBCTA may withhold said sums from any amounts due

CONSULTANT. The policies shall not provide that any deductible, or other

payment required under the policy can be paid only by the named insured, and not by

an additional insured.

19.2.5 CONSULTANT’s and Subconsultants’ Insurance will be Primary. All policies

required to be maintained by the CONSULTANT or any subconsultant with the

exception of Professional Liability and Worker’s Compensation shall be endorsed,

with a form at least as broad as ISO Form CG 20 01 04 13), to be primary coverage,

and any coverage carried by any of the Additional Insureds shall be excess and non-

contributory. Further, none of CONSULTANT’s or subconsultants’ pollution,

automobile, general liability or other liability policies (primary or excess) will

contain any cross-liability exclusion barring coverage for claims by an additional

insured against a named insured.

5.b

Packet Pg. 79

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)


Page 14 of 55

19.2.6 Waiver of Subrogation Rights. To the fullest extent permitted by law,

CONSULTANT hereby waives all rights of recovery under subrogation against the

Additional Insureds named herein, and any other consultant, subconsultant or sub-

subconsultant performing work or rendering services on behalf of SBCTA, in

connection with the planning, development and construction of the Project. To the

fullest extent permitted by law, CONSULTANT shall require similar written express

waivers and insurance clauses from each of its subconsultants of every tier.

CONSULTANT shall require all of the policies and coverages required in this

Article to waive all rights of subrogation against the Additional Insureds (ISO Form

CG 24 04 05 09). Such insurance and coverages provided shall not prohibit

CONSULTANT from waiving the right of subrogation prior to a loss or claim.

19.2.7 Cancellation. If any insurance company elects to cancel or non-renew coverage for

any reason, CONSULTANT will provide SBCTA thirty (30) days prior written

notice of such cancellation or nonrenewal. If the policy is cancelled for nonpayment

of premium, CONSULTANT will provide SBCTA ten (10) days prior written notice.

In any event, CONSULTANT will provide SBCTA with a copy of any notice of

termination or notice of any other change to any insurance coverage required herein

which CONSULTANT receives within one business day after CONSULTANT

receives it by submitting it to SBCTA at [email protected] to the attention

of SBCTA’s Procurement Analyst, and by depositing a copy of the notice in the U.S.

Mail in accordance with the notice provisions of this Contract.

19.2.8 Enforcement. SBCTA may take any steps as are necessary to assure

CONSULTANT’s compliance with its insurance obligations as identified within this

Article. Failure to continuously maintain insurance coverage as provided herein is a

material breach of contract. In the event the CONSULTANT fails to obtain or

maintain any insurance coverage required, SBCTA may, but is not required to,

maintain this coverage and charge the expense to the CONSULTANT or withhold

such expense from amounts owed CONSULTANT, or terminate this Contract. The

insurance required or provided shall in no way limit or relieve CONSULTANT of its

duties and responsibility under the Contract, including but not limited to obligation

to indemnify, defend and hold harmless the Indemnitees named below. Insurance

coverage in the minimum amounts set forth herein shall not be construed to relieve

CONSULTANT for liability in excess of such coverage, nor shall it preclude

SBCTA from taking other actions as available to it under any other provision of the

Contract or law. Nothing contained herein shall relieve CONSULTANT, or any

subconsultant of any tier of their obligations to exercise due care in the performance

of their duties in connection with the Work, and to complete the Work in strict

compliance with the Contract.

19.2.9 No Waiver. Failure of SBCTA to enforce in a timely manner any of the provisions of

this Article shall not act as a waiver to enforcement of any of these provisions at a

later date.

19.2.10 Subconsultant Insurance. Insurance required of the CONSULTANT shall be also

provided by subconsultants or by CONSULTANT on behalf of all subconsultants to

cover their services performed under this Contract. CONSULTANT may reduce

5.b

Packet Pg. 80

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)


Page 15 of 55

types and the amounts of insurance limits provided by subconsultants to be

proportionate to the amount of the subconsultant’s contract and the level of liability

exposure for the specific type of work performed by the subconsultant.

CONSULTANT shall be held responsible for all modifications, deviations, or

omissions in these insurance requirements as they apply to subconsultant.

19.2.11 Higher limits. If CONSULTANT maintains higher limits than the minimums shown

above, SBCTA shall be entitled to coverage for the higher limits maintained by

CONSULTANT. Any available insurance proceeds in excess of the specified

minimum limits of insurance and coverage shall be available to SBCTA.

19.2.12 Special Risks or Circumstances. SBCTA reserves the right to modify any or all of

the above insurance requirements, including limits, based on the nature of the risk,

prior experience, insurer, coverage, or other special circumstances.

ARTICLE 20. INDEMNITY

20.1 To the extent, but only to the extent, that CONSULTANT’s Work falls within the scope of

Civil Code Section 2782.8, the following indemnification is applicable:

CONSULTANT shall indemnify and defend (with legal counsel reasonably approved by

SBCTA) SBCTA and its officers, employees, agents and volunteers from any and all losses,

damages, liability, actions, and/or costs for claims that arise out of, pertain to, or are related to

the negligence, recklessness, or willful misconduct of the design professional to the maximum

extent permitted by Civil Code Section 2782.8.

20.2 For all other Work and obligations under this Contract, CONSULTANT agrees to indemnify,

defend (with legal counsel reasonably approved by SBCTA) and hold harmless SBCTA, and

its officers, employees, agents and volunteers (“Indemnitees”) from any and all claims, actions,

losses, damages and/or liability (Claims) arising out of or related to any act or omission of

CONSULTANT or any of its officers, employees, agents, subconsultants or volunteers, and for

any costs or expenses incurred by SBCTA on account of any such Claims except where such

indemnification is prohibited by law. This indemnification provision shall apply regardless of

the existence or degree of fault of indemnitees. CONSULTANT’s indemnification obligation

applies to SBCTA’s “active” as well as “passive” negligence, but does not apply to SBCTA’s

“sole negligence” or “willful misconduct” within the meaning of Civil Code Section 2782.

ARTICLE 21. OWNERSHIP OF DATA

21.1 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 SBCTA, and no further agreement will be necessary to transfer

ownership to SBCTA. CONSULTANT shall furnish SBCTA all necessary copies as needed

to complete the review and approval process.

21.2 It is understood and agreed that all calculations, drawings and specifications, 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.

21.3 CONSULTANT is not liable for claims, liabilities, or losses arising out of or connected with

the modification or misuse by SBCTA of the machine-readable information and date

5.b

Packet Pg. 81

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)


Page 16 of 55

provided by CONSULTANT under this Contract; further, CONSULTANT is not liable for

claims, liabilities, or losses arising out of or connected with any use by SBCTA of the

project documentation for other projects or additions to this project, or for the completion of

this project by others, except only such use as may be authorized in writing by

CONSULTANT.

21.4 Applicable patent rights provisions regarding rights to inventions shall be included in the

Contract as appropriate (48 CFR 27, subpart 27.3).

21.5 SBCTA may permit copyrighting reports or other agreement products. If copyrights are

permitted, the Contract shall provide that the FHWA shall have the royalty-free

nonexclusive and irrevocable right to reproduce, publish, or otherwise use, and to authorize

others to use, the work for government purposes.

21.6 Any subcontract in excess of $25,000 entered into as a result of this Contract, shall contain

all of the provisions of this Article.

ARTICLE 22. CLAIMS FILED BY SBCTA’s CONSTRUCTION CONTRACTOR

22.1 If claims are filed by SBCTA’s construction contractor relating to Work performed by

CONSULTANT’s personnel, and additional information or assistance from

CONSULTANT’s personnel is required in order to evaluate or defend against such claims,

CONSULTANT agrees to make its personnel available for consultation with SBCTA and

legal staff, and for testimony, if necessary, at depositions, administrative proceedings, trial

or arbitration proceedings.

22.2 CONSULTANT’s personnel that SBCTA considers essential to assist in defending against

construction contractor claims will be made available on reasonable notice from SBCTA.

Consultation or testimony will be reimbursed at the same rates, including travel costs, that

are being paid for the CONSULTANT’s personnel services under this Contract.

22.3 Services of the CONSULTANT’s personnel in connection with SBCTA’s construction

contractor claims will be performed pursuant to a written contract amendment, if necessary,

extending the termination date of this Contract in order to resolve the construction claims.

22.4 Any subcontract in excess of $25,000 entered into as a result of this Contract, shall contain


ARTICLE 23. CONFIDENTIALITY OF DATA

23.1 All financial, statistical, personal, technical, or other data and information relative to

SBCTA’s operations which are designated confidential by SBCTA and made available to

CONSULTANT in order to carry out this Contract, shall be protected by CONSULTANT

from unauthorized use and disclosure. CONSULTANT agrees to inform itself and make its

employees, agents, and subconsultants aware of the requirements of SBCTS’s privacy and

confidentiality policies and to abide by the same. CONSULTANT further agrees to require

all employees, agents, and subconsultants to sign an SBCTA Confidentiality Agreement as

directed by SBCTA personnel.

23.2 Neither permission to disclose information on one occasion, nor public hearing held by

SBCTA relating to the Contract shall authorize CONSULTANT to further disclose such

information or disseminate the same on any other occasion.

5.b

Packet Pg. 82

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)


Page 17 of 55

23.3 CONSULTANT shall not comment publicly to the press or any other media, including

social media, regarding the Contract or SBCTA’s actions on the same, except to SBCTA’s

staff, CONSULTANT’s own personnel involved in the performance of this Contract, at

public hearings, or in response to questions from a SBCTA Board Committee or other public

meeting approved by SBCTA.

23.4 CONSULTANT shall not issue any news release or public relations item of any nature

whatsoever regarding Work performed or to be performed under this Contract without first

obtaining SBCTA’s review and written permission.

23.5 Any SBCTA communications or materials to which CONSULTANT or its subconsultants or

agents have access and materials prepared by CONSULTANT under the terms of this

Contract shall be held in confidence by CONSULTANT, who shall exercise reasonable

precautions to prevent the disclosure of confidential information to anyone except as

expressly authorized by SBCTA. Any communications with or work product of SBCTA’s

legal counsel to which CONSULTANT or its subconsultants or agents have access in

performing work under this Contract shall be subject to the attorney-client privilege and

attorney work product doctrine, and shall be confidential. CONSULTANT shall not release

any reports, information or promotional material or allow for the use of any photos related to

this Contract for any purpose without prior written approval of SBCTA.


this Article.

ARTICLE 24. NATIONAL LABOR RELATIONS BOARD CERTIFICATION

In accordance with Public Contract Code Section 10296, CONSULTANT hereby states under

penalty of perjury that no more than one final unappealable finding of contempt of court by a

federal court has been issued against CONSULTANT within the immediately preceding two-year

period, because of CONSULTANT’s failure to comply with an order of a federal court that orders

CONSULTANT to comply with an order of the National Labor Relations Board.

ARTICLE 25. EVALUATION OF CONSULTANT

CONSULTANT’s performance may be evaluated by SBCTA. A copy of the evaluation will be sent

to CONSULTANT for comments. The evaluation and any comments submitted shall be retained as

part of the Contract file. This information may be used when evaluating the firm on future proposal

submittals.

ARTICLE 26. RETENTION OF FUNDS


this Article.

26.2 No retainage will be withheld by SBCTA from progress payments due the CONSULTANT.

Retainage by the CONSULTANT or subconsultants is prohibited, and no retainage will be

held by CONSULTANT from progress payments due subconsultants. This requirement shall

not be construed to limit or impair any contractual, administrative, or judicial remedies,

otherwise available to the CONSULTANT or subconsultant in the event of a dispute

involving late payment or nonpayment by the CONSULTANT or deficient subconsultant

5.b

Packet Pg. 83

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)


Page 18 of 55

performance, or noncompliance by a subconsultant. This provision applies to both DBE and

non-DBE CONSULTANTS and subconsultants.

ARTICLE 27. RESPONSIBILITY OF CONSULTANT

27.1 CONSULTANT shall be responsible for the professional quality, technical accuracy, and the

assurance of compliance with all applicable federal, State, and local laws and regulations,

and other Work furnished by the CONSULTANT under the Contract. The Contract includes

reference to the appropriate standards for design or other standards for Work performance

stipulated in the Contract.

27.2 In addition to any other requirements of this Contract or duties and obligations imposed on

CONSULTANT by law, CONSULTANT shall, as an integral part of its Work, employ

quality control procedures that identify potential risks and uncertainties related to scope,

schedule, cost, quality and safety of the Project and the Work performed by CONSULTANT

within the areas of CONSULTANT’s expertise. Risks that may be encountered include, but

are not limited to, soil conditions, constructability, factors of safety, impact on adjacent

properties, public safety, and environmental considerations. At any time during performance

of the Scope of Work, should CONSULTANT observe, encounter, or identify any unusual

circumstances or uncertainties, which could pose potential risk to SBCTA or the Project.

CONSULTANT shall immediately document such matters and notify SBCTA in writing.

CONSULTANT shall also similarly notify SBCTA as to the possibility of any natural

catastrophe, potential failure, or any situation that exceeds environmental, design, and/or

construction assumptions and could precipitate a failure of any structure or other part of the

Project. Notifications under this paragraph shall be specific, clear and timely, and in a form

which enables SBCTA to understand and evaluate the magnitude and effect of the risk

and/or uncertainties involved.

27.3 When a modification to a construction contract is required because of an error or deficiency

in the design Work provided under this Contract, CONSULTANT shall be responsible for

any and all additional costs associated with the construction contract or the construction of

the Project.

27.4 SBCTA shall advise CONSULTANT of their responsibility and collect the amount due,

including but not limited to, withholding of payments, if the recoverable cost will exceed the

administrative cost involved or is otherwise in SBCTA’s best interest. SBCTA shall include

in the Contract Audit File a written statement of the reasons for the decision to recover or

not recover the costs from CONSULTANT.

27.5 CONSULTANT shall document the results of the Work to the satisfaction of SBCTA, and if

applicable, Caltrans and FHWA. This may include preparation of progress and final reports,

plans, specifications and estimates, or similar evidence of attainment of SBCTA’s

objectives.

27.6 As applicable, the responsible consultant/engineer shall sign all plans, specifications,

estimates (PS&E) and engineering data furnished by him/her, certify as-built drawings, and

where appropriate, indicate his/her California registration or license number.

5.b

Packet Pg. 84

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)


Page 19 of 55

ARTICLE 28. TECHNICAL DIRECTION

28.1 Performance of Work under this Contract shall be subject to the technical direction of

SBCTA’s Project Manager, who will be identified in writing to CONSULTANT upon

issuance of the NTP and/or subsequently by written notice during the Contract. The term

"Technical Direction" is defined to include, without limitation:

28.1.1 Directions to CONSULTANT which redirect the Contract effort, shift work

emphasis between work areas or tasks, require pursuit of certain lines of inquiry, fill

in details or otherwise serve to accomplish the contractual Scope of Work.

28.1.2 Provision of written information to CONSULTANT which assists in the

interpretation of drawings, reports, or technical portions of the Scope of Work

described herein.

28.1.3 Review and, where required by the Contract, approval of technical reports, drawings,

specifications and technical information to be delivered by CONSULTANT to

SBCTA under the Contract.

28.1.4 SBCTA may modify this Contract for certain administrative modifications without

issuing a written amendment. Administrative modifications as defined herein are

limited to: substitutions of personnel identified in this Contract, including Key

Personnel and project personnel and subconsultants; modifications to hourly rates,

classifications, and names of personnel in Exhibit B; and modifications of the

address of the CONSULTANT. All administrative modifications shall be

documented in writing between the Parties.

28.2 Technical Direction must be within the Scope of Work under this Contract. SBCTA’s Project

Manager does not have the authority to, and may not, issue any Technical Direction which:

28.2.1 Increases or decreases the Scope of Work;

28.2.2 Directs CONSULTANT to perform Work outside the original intent of the Scope of

Work;

28.2.3 In any manner causes an increase or decrease in the Contract price as identified in

this Contract, or the time required for Contract performance unless expressly

authorized by SBCTA policy;

28.2.4 Changes any of the expressed terms, conditions or specifications of the Contract,

unless identified herein;

28.2.5 Interferes with the CONSULTANT's right to perform the terms and conditions of the

Contract; or

28.2.6 Approves any demand or claim for additional payment.

28.3 Failure of CONSULTANT and SBCTA’s Project Manager to agree that the Technical

Direction is within the scope of the Contract, or a failure to agree upon the Contract action

to be taken, shall be subject to the provisions of the “DISPUTES” Article herein.

5.b

Packet Pg. 85

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)


Page 20 of 55

28.4 All Technical Direction shall be issued in writing by SBCTA’s Project Manager.

28.5 CONSULTANT shall proceed promptly with the performance of Technical Direction issued

by SBCTA’s Project Manager, in the manner prescribed by this Article and within their

authority under the provisions of this Article. If, in the opinion of CONSULTANT, any

instruction or direction by SBCTA’s Project Manager falls within one of the categories

defined in 27.2.1 through 27.2.6, CONSULTANT shall not proceed but shall notify SBCTA

in writing within five (5) working days after receipt of any such instruction or direction and

shall request SBCTA to modify the Contract accordingly. Upon receiving the notification

from the CONSULTANT, SBCTA shall:

28.5.1 Advise CONSULTANT in writing within thirty (30) calendar days after receipt of the

CONSULTANT's letter that the Technical Direction is or is not within the scope of

this Contract.

28.5.2 Advise CONSULTANT within a reasonable time whether SBCTA will or will not

issue a written amendment.

ARTICLE 29. KEY PERSONNEL

The personnel specified below are considered to be essential to the Work being performed under

this Contract. Prior to diverting any of the specified individuals to other projects or reallocating any

tasks or hours of Work that are the responsibility of key personnel to other personnel,

CONSULTANT shall notify SBCTA in writing in advance and shall submit justifications

(including proposed substitutions, resumes and payroll information to support any changes to the

labor rate) in sufficient detail to permit evaluation of the impact on the Project. Diversion or

reallocation of key personnel shall not be made without prior written consent of SBCTA.

CONSULTANT shall not substitute any key personnel without the prior written consent of SBCTA.

In the event that the Parties cannot agree as to the substitution of key personnel, SBCTA may

terminate the Contract. Key Personnel are:

Name Job Classification/Function

Julie Beeman Contract Manager/Environmental Manager

Farshad Farhang Noise Specialist

Jack Packwood Hazard Project Manager

ARTICLE 30. REPRESENTATIONS

All Work supplied by CONSULTANT under this Contract shall be supplied by personnel who are

qualified, careful, skilled, experienced and competent in their respective trades or professions.

CONSULTANT agrees that they are supplying professional services, findings, and/or

recommendations in the performance of this Contract and agrees with SBCTA that the same shall

conform to professional and engineering and environmental principles and standards that are

generally accepted in the profession in the State of California.

ARTICLE 31. TAXES, DUTIES AND FEES

Except to the extent expressly provided elsewhere in this Contract, CONSULTANT shall pay when

due, and the compensation set forth herein shall be inclusive of, all: a) local, municipal, State, and

federal sales and use taxes; b) excise taxes; c) taxes on personal property owned by

CONSULTANT; and d) other governmental fees and taxes or charges of whatever nature applicable

to CONSULTANT to enable it to conduct business.

5.b

Packet Pg. 86

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)


Page 21 of 55

ARTICLE 32. PERMITS AND LICENSES

CONSULTANT shall, without additional compensation, keep current all governmental permits,

certificates and licenses (including professional licenses) and required registrations necessary for

CONSULTANT to perform Work identified herein.

ARTICLE 33. STATEMENT OF COMPLIANCE

33.1 CONSULTANT’s signature affixed herein, and dated, shall constitute a certification under

penalty of perjury under the laws of the State of California that CONSULTANT has, unless

exempt, complied with, the nondiscrimination program requirements of Government Code

Section 12990 and 2 California Code of Regulations Section 8103.

33.2 During the performance of this Contract, CONSULTANT and its subconsultants shall not

unlawfully discriminate, harass, or allow harassment against any employee or applicant for

employment because of race, religious creed, color, national origin, ancestry, physical

disability, mental disability, medical condition, genetic information, marital status, sex,

gender, gender identity, gender expression, age (over 40), sexual orientation or military or

veteran status. CONSULTANT and subconsultants shall insure that the evaluation and

treatment of their employees and applicants for employment are free from such

discrimination and harassment. CONSULTANT and subconsultants shall comply with the

provisions of the Fair Employment and Housing Act (Gov. Code§12900 et seq.) and the

applicable regulations promulgated there under (2 California Code of Regulations §§ 7286.0

et seq.). CONSULTANT and subconsultants shall give written notice of their obligations

under this clause to labor organizations with which they have a collective bargaining or

other agreement.33.3 The contractor and all subcontractors shall comply with all provisions

of Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on

the basis of race, color, and national origin. In addition, the contractor and all subcontractors

will ensure their services are consistent with and comply with obligations and procedures

outlined in SBCTA’s current Board-adopted Title VI Program, including the Public

Participation Plan and the Language Assistance Plan.

ARTICLE 34. STATE PREVAILING WAGE RATES

34.1 CONSULTANT shall comply with the State of California’s General Prevailing Wage Rate

requirements in accordance with California Labor Code Section 1770, and all Federal, State,

and local laws and ordinances applicable to the Work.

34.2 Any subcontract entered into as a result of this Contract if for more than $25,000 for public

works construction or more than $15,000 for the alteration, demolition, repair, or

maintenance of public works, shall contain all of the provisions of this Article.

34.3 When prevailing wages apply to services described in the Scope of Work, transportation and

subsistence costs shall be reimbursed at the minimum rates set by the Department of

Industrial Relations (DIR) as outlined in the applicable Prevailing Wage Determination. See

http://www.dir.ca.gov.

5.b

Packet Pg. 87

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)

http://www.dir.ca.gov/


Page 22 of 55

ARTICLE 35. CONFLICT OF INTEREST

35.1 CONSULTANT shall disclose any financial, business, or other relationship with SBCTA

that may have an impact upon the outcome of this Contract, or any ensuing SBCTA

construction project. CONSULTANT shall also list current clients who may have a financial

interest in the outcome of this Contract, or any ensuing SBCTA construction project, which

will follow.

35.2 CONSULTANT hereby certifies that it does not now have, nor shall it acquire, any financial

or business interest that would conflict with the performance of services under this Contract.

CONSULTANT agrees that it presently has no interest, financial or otherwise, and shall not

acquire any interest, direct or indirect, which would conflict in any manner or degree with

the performance of Work required under this Contract or be contrary to the interests of

SBCTA as to the Project. CONSULTANT further agrees that in the performance of this

Contract no person having any such interest shall be employed. CONSULTANT is obligated

to fully disclose to SBCTA, in writing, any conflict of interest issues as soon as they are

known to CONSULTANT. CONSULTANT agrees that CONSULTANT’s staff designated

by SBCTA’s Executive Director as “Consultants” under the Political Reform Act shall

timely file Statements of Economic Interest with the SBCTA Clerk of the Board.

35.3 Any subcontract in excess of $25,000 entered into as a result of this Contract shall contain


ARTICLE 36. REBATES, KICKBACKS OR OTHER UNLAWFUL

CONSIDERATION

CONSULTANT warrants that this Contract was not obtained or secured through rebates, kickbacks

or other unlawful consideration, either promised or paid to any SBCTA employee. For breach or

violation of this warranty, SBCTA shall have the right in its discretion; to terminate the Contract

without liability; to pay only for the value of the Work actually performed; or to deduct from the

Contract price or otherwise recover the full amount of such rebate, kickback or other unlawful

consideration.

ARTICLE 37. NOTIFICATION

All notices hereunder and communications regarding the interpretation of the terms of this Contract

and changes thereto, shall be effected by the mailing thereof by registered or certified mail, return

receipt requested, postage prepaid, and addressed as follows:

To CONSULTANT To SBCTA

30900 Rancho Viejo Road, Suite 100 1170 W. 3rd Street, 2nd Floor

San Juan Capistrano, CA 92675 San Bernardino, CA 92410-1715

Attn: Julie Beeman Attn: Tim Byrne

[email protected] cc: Procurement Manager

Phone:949-234-6070 Phone: (909) 884-8276

ARTICLE 38. STOP WORK ORDER

Upon failure of CONSULTANT or its subconsultants to comply with any of the requirements of

this Contract, SBCTA shall have the right to stop any or all Work affected by such failure until such

failure is remedied or to terminate this Contract in accordance with “TERMINATION” provision

herein.

5.b

Packet Pg. 88

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)



Page 23 of 55

ARTICLE 39. CLAIMS

SBCTA shall not be bound to any adjustments in the Contract amount or schedule unless expressly

agreed to by SBCTA in writing. SBCTA shall not be liable to CONSULTANT for any claim

asserted by CONSULTANT after final payment has been made under this Contract.

ARTICLE 40. ERRORS AND OMISSIONS

CONSULTANT shall be responsible for the professional quality, technical accuracy, and

coordination of all Work required under this Contract. CONSULTANT shall be liable for SBCTA

costs resulting from errors or deficiencies in Work furnished under this Contract, including but not

limited to any fines, penalties, damages, and costs associated with a modification to a construction

contract required because of an error or deficiency in the Work provided by CONSULTANT under

this Contract.

ARTICLE 41. WARRANTY

CONSULTANT warrants that all Work performed shall be in accordance with the Contract, and all

applicable professional standards. In the event of a breach of this provision, CONSULTANT shall

take the necessary actions to correct the breach at CONSULTANT’s sole expense. If

CONSULTANT does not take the necessary action to correct the breach, SBCTA, without waiving

any other rights or remedies it may have, may take the necessary steps to correct the breach, and

CONSULTANT shall promptly reimburse SBCTA for all expenses and costs incurred.

ARTICLE 42. INDEPENDENT CONTRACTOR

CONSULTANT is and shall be at all times an independent contractor. Accordingly, all Work

provided by CONSULTANT shall be done and performed by CONSULTANT under the sole

supervision, direction and control of CONSULTANT. SBCTA shall rely on CONSULTANT for

results only, and shall have no right at any time to direct or supervise CONSULTANT or

CONSULTANT's employees in the performance of Work or as to the manner, means and methods

by which Work is performed. All personnel furnished by CONSULTANT under this Contract, and

all representatives of CONSULTANT, shall be and remain the employees or agents of

CONSULTANT or of CONSULTANT's subconsultant(s) at all times, and shall not at any time or

for any purpose whatsoever be considered employees or agents of SBCTA.

ARTICLE 43. ATTORNEY’S FEES

If any legal action is instituted to enforce or declare any Party’s rights under the Contract, each

Party, including the prevailing Party, must bear its own costs and attorneys’ fees. This Article shall

not apply to those costs and attorneys’ fees directly arising from any third party legal action against

a Party hereto and payable under the “Indemnity” provision of the Contract.

ARTICLE 44. GOVERNING LAW AND VENUE

This Contract shall be subject to the law and jurisdiction of the State of California. The Parties

acknowledge and agree that this Contract was entered into and intended to be performed in whole or

substantial part in San Bernardino County, California. The Parties agree that the venue for any

action or claim brought by any Party to this Contract will be the Superior Court of California, San

Bernardino County. Each Party hereby waives any law or rule of court, which would allow them to

request or demand a change of venue. If any action or claim concerning this Contract is brought by

any third party, the Parties hereto agree to use their best efforts to obtain a change of venue to the

Superior Court of California, San Bernardino County.

5.b

Packet Pg. 89

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)


Page 24 of 55

ARTICLE 45. FEDERAL, STATE AND LOCAL LAWS

CONSULTANT warrants that in the performance of this Contract, it shall comply with all

applicable federal, State and local laws, ordinances, rules and regulations.

ARTICLE 46. PRECEDENCE

46.1 The Contract consists of the Contract Articles, Exhibit A “Scope of Work”, and Exhibit B

“Approved Cost Proposal”, SBCTA’s Request For Proposal and CONSULTANT’s

proposal, all of which are incorporated into this Contract by this reference.

46.2 The following order of precedence shall apply: first, the Contract Articles; second, Exhibits

A and B; third, SBCTA’s Request For Proposal; and last, CONSULTANT’s Proposal. In the

event of a conflict between the Contract Articles and the Scope of Work, the Contract

Articles will prevail.

46.3 In the event of an express conflict between the documents listed in this Article, or between

any other documents, which are a part of the Contract, CONSULTANT shall notify SBCTA

in writing within three (3) business days of its discovery of the conflict and shall comply

with SBCTA's resolution of the conflict.

ARTICLE 47. GRATUITIES

CONSULTANT, its employees, agents, or representatives shall not offer or give to any officer,

official, agent or employee of SBCTA, any gift, entertainment, payment, loan, or other gratuity.

ARTICLE 48. REVIEW AND ACCEPTANCE

All Work performed by CONSULTANT shall be subject to periodic review and approval by

SBCTA at any and all places where such performance may be carried on. Failure of SBCTA to

make such review or to discover defective work shall not prejudice the rights of SBCTA at the time

of final acceptance. All Work performed by CONSULTANT shall be subject to periodic and final

review and acceptance by SBCTA upon completion of all Work.

ARTICLE 49. DRUG FREE WORKPLACE

CONSULTANT agrees to comply with the Drug Free Workplace Act of 1990 per Government

Code Section 8350 et seq.

ARTICLE 50. FORCE MAJEURE

CONSULTANT shall not be in default under this Contract in the event that the Work performed by

CONSULTANT is temporarily interrupted or discontinued for any of the following reasons: riots,

wars, sabotage, acts of terrorism, civil disturbances, insurrection, explosion, pandemics,

quarantines, acts of God, acts of government or governmental restraint, and natural disasters such as

floods, earthquakes, landslides, and fires, or other catastrophic events which are beyond the

reasonable control of CONSULTANT and which CONSULTANT could not reasonably be

expected to have prevented or controlled. “Other catastrophic events” does not include the financial

inability of CONSULTANT to perform or failure of CONSULTANT to obtain either any necessary

permits or licenses from other governmental agencies or the right to use the facilities of any public

utility where such failure is due solely to the acts or omissions of CONSULTANT.

5.b

Packet Pg. 90

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)


Page 25 of 55

ARTICLE 51. COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT

CONSULTANT shall comply with all applicable provisions of the Americans With Disabilities Act

in performing Work under this Contract.

ARTICLE 52. PROPRIETARY RIGHTS/CONFIDENTIALITY

52.1 CONSULTANT, its employees, agents and subconsultants shall be required to comply with

SBCTA’s Confidentiality Policy; anyone who may have access to Personally Identifiable

Information (“PII”) and/or Sensitive Security Information (“SSI”) will be required to

execute a Confidentiality Agreement.

ARTICLE 53. ENTIRE DOCUMENT

53.1 This Contract constitutes the sole and only agreement governing the Work and supersedes

any prior or contemporaneous understandings, written or oral, between the Parties respecting

the Project. All previous proposals, offers, and other communications, written or oral,

relative to this Contract, are superseded except to the extent that they have been expressly

incorporated into this Contract.

53.2 No agent, official, employee or representative of SBCTA has any authority to bind SBCTA

to any affirmation, representation or warranty outside of, or in conflict with, the stated terms

of this Contract, and CONSULTANT hereby stipulates that it has not relied, and will not

rely, on same.

53.3 Both Parties have been represented or had the full opportunity to be represented by legal

counsel of their own choosing in the negotiation and preparation of this Contract. Therefore,

the language in all parts of this Contract will be construed, in all cases, according to its fair

meaning, and not for or against either Party.

ARTICLE 54. CONTRACT

This Contract constitutes the entire agreement which is made and concluded in duplicate between

the two Parties. Each Party, for and in consideration of the payments to be made, conditions

mentioned, and work to be performed, agrees to diligently perform in accordance with the terms and

conditions of this Contract as evidenced by the signatures below.

ARTICLE 55. EFFECTIVE DATE

The date that this Contract is executed by SBCTA shall be the Effective Date of the Contract.

-------------------------SIGNATURES ARE ON THE FOLLOWING PAGE-------------------------

5.b

Packet Pg. 91

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)


Page 26 of 55

IN WITNESS WHEREOF, the Parties hereto have executed this Contract on the day and

year written below.

CONSULTANT SBCTA

By: By:

Julie Beeman

President

Frank J. Navarro

President, Board of Directors

Date: Date:

APPROVED AS TO FORM

By:

Juanda Lowder Daniel


Date:

CONCURRENCE

By:

Jeffery Hill

Procurement Manager

Date:

5.b

Packet Pg. 92

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)


Page 27 of 55

EXHIBIT A- “SCOPE OF WORK”

5.b

Packet Pg. 93

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)


Page 28 of 55

Scope of Work

OVERVIEW

The San Bernardino County Transportation Authority (SBCTA), acting in the capacity designated

in the Contract, will utilize the services of a consultant herein referred to as “CONSULTANT”, to

provide on-call environmental project management and technical and support services on an as-

needed basis for a variety of projects in order to meet the environmental needs of SBCTA.

Coordination of CONSULTANT will be accomplished through SBCTA’s Project Manager or

designee.

APPLICABLE STANDARDS

Deliverables and related material as requested for on-system State Highway projects shall be

prepared in accordance with current applicable Department of Transportation (CALTRANS)

regulations, policies, procedures, manuals, and standards including compliance with Federal

Highway Administration (FHWA) requirements unless directed otherwise. Deliverables and related

materials requested for all other agencies shall be consistent with the requirements of that agency in

addition to federal, state, local agency requirements, regulations, policies, procedures, manuals, and

standards.

All deliverables and supporting materials furnished under this Scope of Work shall be of a quality

acceptable to SBCTA and/or other relevant agencies. The criteria for acceptance shall be a product

of neat appearance, well organized, technically and grammatically correct and checked. The

appearance, organization, methodology, and content of all deliverables and supporting materials

shall be to applicable standards or as otherwise directed.

Qualifications of individuals performing services shall, at a minimum, meet the applicable

qualifications noted in the CALTRANS Standard Environmental Reference as well as the

qualifications for any appropriate Professional Licensing Board

Guidance for each activity or deliverable can be found at the CALTRANS Standard Environmental

Reference and within the Work Breakdown Structure (WBS) Manual located at:

Standard Environmental Reference

http://www.dot.ca.gov/ser/

Additional guidance, in part, is below:

• Preliminary Environmental Analysis Report Handbook

• Project Development Procedures Manual (PDPM),

• Traffic Noise Analysis Protocol and Technical Noise Supplement

• Highway Design Manual (HDM)

• Storm Water Project Planning and Design Guide (PPDG)

• Guidance Papers on Implementation of NEPA/404 MOU

• Project Planning and Design Guide (PPDG),

• Traffic Volume Data

5.b

Packet Pg. 94

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)

http://www.dot.ca.gov/ser/


Page 29 of 55

• Technical Noise Supplement

• Traffic Noise Analysis Protocol

• Storm Water Pollution Protection Plan Guidelines for Environmental Planning

• Right of Way Manual - Reference Version, Chapter 10

• Surveys Manual

ON-CALL ENVIRONMENTAL SERVICES

The CONSULTANT services may include oversight of SBCTA consultants preparing

environmental studies and reports for a specific highway improvement project, and it may include

completing specific environmental tasks required for the development of highway projects. The

services of the consultant will vary depending on when they are providing oversight services or are

responsible for the completion of the task. Environmental services may include, but not be limited

to the following:

Environmental Project Management CONSULTANT may be asked to serve as the SBCTA Environmental Project Manager (PM) on a

project and serve as the single point of contact for all environmental related questions, requests, and

submittals. PM shall understand the project schedule and support/ conduct/coordinate/oversee any

and all studies, analysis, requirements and meetings needed to successfully complete environmental

requirements leading to NEPA and or CEQA compliant environmental documents such that the

project schedule is not impacted negatively.

PM shall coordinate with CALTRANS and/or all other agencies involved or potentially impacted by

the Project. PM shall inform SBCTA prior to all contacts, meetings, notifications, and

correspondence with CALTRANS or any other agencies.

PM shall conduct ongoing reviews of consultant/subconsultant progress in performing the work and

furnish comments in a timely manner.

PM shall draft and/or review certain types of correspondence to subconsultants, property owners,

and/or representatives of various agencies, as necessary.

PM shall assist in the coordination of the distribution of relevant public information.

On a monthly basis, as requested by SBCTA, CONSULTANT shall prepare and submit to SBCTA

a monthly status report that indicates the work progress achieved during the period. The report shall

summarize the actual work progress compared with estimated progress and will identify problem

areas, provide evaluations, recommendations and an outline on the process which CONSULTANT,

and SBCTA will follow to rectify the problem(s). The progress report shall be submitted with the

monthly invoice.

PM shall maintain a schedule of environmental activities, action items, four week look ahead, and

update this information monthly. Activities shall be linked to other project specific functional

activities as predecessors or successors, as appropriate.

PM shall review the subconsultants, or oversight the work of other consultants performing

environmentally related tasks, Project Control or Work Plan documents submitted to ensure their

5.b

Packet Pg. 95

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)


Page 30 of 55

understanding of the level of information required, reporting procedures and formats, stakeholders,

schedule, report cycle, and the intended use of each document.

PM shall receive and review monthly progress reports from subconsultant or other consultants

performing environmental related tasks.

PM shall review with subconsultant or other consultant, requests for change orders and/or

extensions of time when such requests are determined to be necessary.

For subconsultants, PM shall review all contractual payments and assure consistency with the

progress of the associated activity.

PM may be assigned to a single or multiple projects.

Coordination and Consultation

CONSULTANT may be consulted for guidance, options, opinions, and strategies related to

environmental issues in support of SBCTA projects and the SBCTA program.

CONSULTANT may be asked to perform an independent cost estimate, review a cost proposal

and/or scope of work, or otherwise assist on development of a scope of work for environmental

work required in any phase of a project.

CONSULTANT may be asked to lead the effort on coordination and/or consultation with one or

more resource agencies.

Peer Review

In an oversight capacity, CONSULTANT may be asked to review and comment upon any and all

environmental studies, analysis, reports, and/or plans prepared by other consultants, and to attend

relevant meetings in order to gain background on the topics included in the aforementioned

documents. Expertise related to air quality, noise studies, hazardous waste, environmental justice,

biological issues/assessments, cultural issues, water quality, visual/aesthetic resources, land use

issues, regulations, storm water, and other specialties will be required.

Permits and Permit Requirements

CONSULTANT may be asked to apply for resource agency permits and/or to successfully complete

activities necessary to successfully fulfill environmental permit requirements. Activities may be

required to be performed prior to and/or during construction. In addition, CONSULTANT may be

asked to perform mitigation and restoration monitoring on a post-construction basis.

Environmental Documents

CONSULTANT may be asked to produce NEPA and/or CEQA compliant environmental

documents/studies such as Initial Studies/Environmental Assessments (IS/EA), Environmental

Impact Report/Environmental Impact Studies (EIR/EIS), environmental re-evaluations,

supplemental EIS and/or reassessments of existing/outdated materials. In addition to meeting

5.b

Packet Pg. 96

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)


Page 31 of 55

federal and state requirements, the Caltrans Standard Environmental Reference shall be utilized to

assure compliance with formatting and content of documents.

Studies and Reports

CONSULTANT may be asked to provide as needed environmental support, field study, technical

study and the associated reporting. Expertise related to air quality, noise studies, hazardous waste,

environmental justice, biological issues/assessments, cultural issues, paleontological issues, water

quality, visual/aesthetic resources, land use issues, current regulations, and other specialties will be

required.

Reports prepared by CONSULTANT shall be submitted in draft form, and opportunity provided for

SBCTA peer review. After addressing the peer review comments the draft document shall be

submitted to CALTRANS, if applicable, to review and direct revisions prior to finalizing.

CONSULTANT shall provide the reproduction services required for the projects inclusive of the

number of individual sets to be delivered for the submittal tasks outlined in this Scope of Work.

Hazardous Materials

If during any phase of a project residual soils and/or decontamination fluids and/or contaminated

soil or fluids require off-site disposal, materials will be disposed of in a manner consistent with

applicable requirements and regulations. CONSULTANT will characterize materials and offsite

disposal method and site. If necessary, CONSULTANT may be required to characterize materials

through collection and analysis of up to two composite soil samples. CONSULTANT will arrange

shipment and offsite disposal appropriate for the type of material requiring disposal. Consultant will

either: sign the non-hazardous soils or hazardous waste manifest (Manifest), as applicable, for

transportation and offsite disposal of the materials, naming SBCTA as the generator of the material

on the Manifest; or provide written certifications to SBCTA sufficient to enable SBCTA to sign the

Generator’s/Offeror’s Certification of the Manifest.

Work Breakdown

The tasks that the CONSULTANT will be providing services for include, but are not limited to the

tasks listed below, on an as needed basis. The responsibility of the CONSULTANT will vary

depending on whether they are providing oversight services or are responsible for the completion of

the task.

PROJECT MANAGEMENT

Environmental Project Management, Coordination and Consultation, and Peer Review will be

performed under the Environmental Project Management Tasks below. Other study related

activities performed by the consultant will be performed under the work break down structure

following this section.

100.10 Project Management – Project Approval and Environmental Document Component

100.20 Project Management – Construction Component

100.25 Project Management – Right of Way Component

5.b

Packet Pg. 97

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)


Page 32 of 55

PLANNING PHASE

150.20 Preliminary Environmental Analysis Report (PEAR) The Preliminary Environmental Analysis Report (PEAR) identifies the potential environmental

impacts of each alternative, as well as potential mitigation costs. Although existing data will most

frequently be used in the preparation of this report, project specific circumstances may indicate the

need for or advisability of conducting more detailed investigations. Costs developed in this activity

will be used for programming purposes; consequently, the analysis should be of sufficient detail to

identify all potential costs. For those projects where the initiation document is combined with the

project report/environmental document (such as PSSRs and PSR/PR), this activity also includes

those tasks required for the environmental document.

150.20.05 Initial Noise Study

Evaluate noise and will conduct a background document review of the project vicinity and make

contacts with outside agencies and individuals. Perform a windshield survey or equivalent of the

project. Documentation will include the results of the background research and fieldwork. It will

describe the project setting, identify and describe sensitive receptors, and discuss possible impacts,

and potential abatement measures. The documentation will identify anticipated interagency

coordination and permits to enter. A summary statement will be provided for inclusion in the

PEAR. The summary should note issues, risks, and assumptions that might affect the alternatives,

cost, schedule, or viability of the project. Include the approximate delineation of sensitive receptors

on mapping. Include a resource estimate and a schedule by WBS code for completing studies for

the environmental document. The following attachments will be completed:

• Noise Study portion of the PEAR Environmental Studies Checklist

• Noise Abatement portion of PEAR Environmental Commitments Cost Estimate, for

standard PSRs

• Estimated Resources

• Conduct background document review

• Perform a windshield survey or equivalent

• Prepare documentation

• Project setting/sensitive receptors

• Potential impacts

• Potential abatement

• Monitoring

• Agency Coordination

• Recommendations

• Summary

• PEAR Environmental Studies Checklist

• PEAR Environmental Commitments Cost Estimate for standard PSR

150.20.10 Hazardous Waste Initial Site Assessments/Investigations

Hazardous waste Initial Site Assessments (ISA) are required for all projects. This information is

required in order to complete the PEAR and PID. Additionally, for “high risk” sites, as assessed

by the Hazardous Waste Technical Specialist, it is strongly recommended that a Preliminary Site

Investigation (PSI) at least be started during the K Phase.

5.b

Packet Pg. 98

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)


Page 33 of 55

150.20.15 Scenic Resource and Landscape Architecture Review

This task includes two subtasks: a Scenic Resource Review and a Landscape Architectural Review.

The Scenic Resource Review looks at the proposed project to determine if scenic resources exist

within the project limits, and whether these resources will be impacted by the proposal. For projects

on the State Highway System, the following information is collected:

• Verification of information from the RTP stage;

• Identification of possible scenic resources and the project’s potential visual impact(s);

• Identification of possible mitigation measures and preliminary costs to be included in the

PSR estimate (e.g., special grading requirements, architectural features on bridges and walls,

urban street amenities, landscape treatment, right-of way requirements)

• Identification of Officially Designated State Scenic Highways in the project area

• Public input is solicited during this phase to address local concerns and integrate appropriate

design features through a ‘context sensitive solutions’ approach per Director's Policy DP-22.

• For projects off the State Highway System, a Preliminary Environmental Study (PES) form

is completed. The Landscape Architectural Review typically includes recommendations

regarding:

• Design strategies that integrate the project with the surrounding environment.

• Erosion control, slope design, and Storm Water Data Report recommendations.

• Replacement Highway Planting and Mitigation Planting requirements

• Integration with the Comprehensive Corridor Plan, if available

• Traveler and Worker Safety

• Preservation of Historic Period Landscapes

150.20.20 Initial NEPA/404 Coordination Includes Pre-Consultation with appropriate resource agencies in order to reach consensus on need

and purpose, avoidance alternatives, and feasible alternatives.

150.20.25 Initial Biology Study

Biologist will perform background research, fieldwork, evaluation and reporting. The fieldwork

may be a windshield survey or equivalent, Caltrans photolog or aerial photo survey, and/or on-the-

ground survey depending on the size and complexity of the project. For the documentation,

summarize the background review and the survey findings. Identify the type of survey used and

provide a brief description of the setting and sensitive biological resources present.

Identify specific studies or focused surveys needed for the subsequent environmental document,

noting seasonal restrictions or agency protocols that need to be considered in the project schedule.

Include an explanation and estimated timeline of required resource agency coordination (e.g.,

Section 7). Note anticipated permits, agreements or approvals (e.g., 401, 404, 1602). In the

preliminary evaluation, consider whether the proposed project may require an Individual 404 permit

or qualify for a nationwide permit. Include a list of contacts and sources consulted during the

PEAR analysis.

Discuss the project’s potential effects on biological resources: recommended avoidance,

minimization, and mitigation measures and potential environmental commitments. Identify changes

to the project scope or costs that could be driven by biological commitments, such as wetland

mitigation, compensatory or replacement habitat acquisition, and habitat restoration.

5.b

Packet Pg. 99

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)


Page 34 of 55

When preparing a standard PSR, provide associated cost estimates and preliminary schedules for

habitat acquisition, design, construction, and monitoring. Scheduling should take into consideration

the time needed by ROW to acquire permits to enter.

Conclude with a summary paragraph for inclusion in the PEAR. The summary should note potential

biological resources issues, risks, and assumptions that might affect the alternatives, cost, schedule,

or viability of the project. Include the approximate delineation of known sensitive biological

resources on or near the project on the mapping provided by the generalist, and attach it to the

documentation. Include a resource estimate and a schedule by WBS code for completing studies for

the environmental document and obtaining necessary approvals to achieve PA&ED.

150.20.30 Initial Records and Literature Search for Cultural Resources

The cultural resources specialist conducts background research and fieldwork as appropriate, and

prepares documentation. Background research includes literature and database searches (e.g.,

common references, ethnographic studies, bridge survey, photo logs or DHIPP, Sanborn maps),

contacting record repositories (e.g., the appropriate regional Information Center and the Native

American Heritage Commission (NAHC) regarding the Sacred Lands Inventory), and soliciting

information or concerns from knowledgeable sources such as Native American contacts (tribes and

interested parties), organizations (e.g. local historical societies), and individuals (e.g., local

historians). In notifying tribes and interested Native American contacts of scoping efforts, ask if

they have any known concerns beyond any archaeological properties that could affect the

alternatives, cost, schedule, or viability of the project, while assuring the tribal representatives that

this inquiry is a very early assessment of the environmental concerns for planning purposes.

Fieldwork as discussed here is essentially a preliminary review of the project area, although for

small projects, fieldwork may comprise on-the-ground examinations. For larger projects, a

windshield survey or equivalent is more appropriate.

Following the pre-field research and fieldwork, the specialists prepare documentation of their

findings. The documentation lists the records consulted, contacts made and what was learned, notes

the type of survey(s) performed, briefly describes the project setting and sensitivity for cultural

resources. The documentation will include a section describing each cultural resource identified

during the background research and fieldwork. The documentation discusses the potential effects of

the project on resources within or adjacent to the project area and notes potential effects on Section

4(f) properties. In addition the documentation notes whether the proposed project would be located

on or affect tribal lands or whether a federal agency is involved. Such circumstances may affect the

applicability of the Section 106 Programmatic Agreement. The regular Section 106 process must be

followed if the proposed project is located on or affects tribal lands or if another federal agency

would be the NEPA federal lead agency. On federal or tribal lands, federal or tribal requirements

(e.g. Archaeological Resources Protection Act (ARPA) permits, Native American Graves Protection

and Repatriation Act (NAGPRA) Action Plans, or Special Use permits) would also be applicable,

depending on the anticipated work involved.

Explain concurrences needed in the environmental document and other coordination required such

as consultation with the State Historic Preservation Officer (SHPO) for compliance with Sections

5024 and 5024.5 of the Public Resources Code (PRC) and Section 106 of the National Historic

Preservation Act (NHPA).

5.b

Packet Pg. 100

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)


Page 35 of 55

150.20.40 Initial Community Impact Analysis, Land Use, and Growth Studies

Conduct a pre-field background search (e.g., previous environmental documents) and make contacts

with outside agencies (e.g., city planning departments). In most cases, the fieldwork will be limited

to a windshield survey or equivalent. The analysis may include a brief review of current census

information. The preliminary analysis should identify community impact issues and set the scope

of subsequent socioeconomic/community analysis. The analysis will address impacts related to

economy, social considerations, environmental justice, relocation, farmlands/timberlands, and

community services.

Summarize the results of the background review and fieldwork. Discuss the existing social and

economic conditions in the area. Discuss number and type of structures potentially impacted and

number of potential relocations, if any. Address impacts to neighborhoods, business districts, and

ethnic, disabled or other minority groups. Note anticipated agency coordination, permits, and

approvals. Make recommendations for environmental commitments. Include the type and

magnitude of studies needed for the environmental document.

The specialist evaluating these resources will conduct a pre-field background search (e.g., previous

environmental documents), GIS data-bases, and make contacts with outside agencies. In most cases,

the fieldwork will be limited to a windshield survey or equivalent. The preliminary analysis should

briefly consider existing and future land use, consistency with State, Regional, and Local Plans, and

identify any park and/or recreational facility, equestrian trail, bikeway, or other recreational trail.

Determine if the project and/or alternatives is likely to induce growth in the project area. Identify

any local government “no growth” ordinances or policies. Assess the potential for the project to

facilitate planned growth, and assess the potential for unplanned growth. Identify if the project will

be located along a new alignment or provide new access. Identify any indirect impacts that could

result from the project. The PEAR will identify whether a formal growth-related, indirect impact

analysis is needed.

150.20.45 Initial Air Quality Study

The specialist evaluating this resource will conduct a background document review of the project

vicinity and make contacts, as necessary, with outside agencies and individuals. The specialist will

perform a windshield survey or equivalent of the project and provide documentation that includes

the results of the background research and fieldwork. The air quality documentation will discuss

the attainment status of the project area, potential impacts, potential environmental commitments,

and long-term monitoring that may be needed. The documentation will identify conformity, mobile

source air toxics (MSATs), particulate matter (PM) 10 and PM 2.5, interagency participation and

permits. A summary statement will be provided for inclusion in the PEAR. The summary should

note issues, risks, and assumptions that might affect the alternatives, cost, schedule, or viability of

the project.

150.20.50 Initial Water Quality Studies

Evaluate potential water quality issues and include a discussion of the various environmental

permits that will be required for the project to protect water quality, including pollution from

stormwater runoff, waste discharges to land or surface waters, and hazardous waste sites.

Discussion will include details of work performed to identify and remediate hazardous waste

properties. Hydrology and Floodplain evaluation is also discussed.

5.b

Packet Pg. 101

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)


Page 36 of 55

The documentation includes a description of the setting; the findings of background research and

field visit; and identifies bodies of water, drainages, rivers and streams that might be impacted.

Basin plans that are in effect are reference and existing discharge conditions could affect the project

design, scheduling or construction techniques are identified. In addition, anticipated agency

coordination, permits, and environmental commitments are documented. This section of the PEAR

should include a list of all anticipated waste discharge and dewatering requirements.

Discussion is included on how minimization and avoidance of stormwater pollution impacts are to

be achieved through permit and Best Management Practices (BMPs) throughout design,

construction, and long-term maintenance. The report should note if the project will require

structural BMPs; the project footprint may have to be revised to accommodate these features.

Structural BMPs must be coordinated with the Project Engineer.

150.20.55 Initial Floodplain Study

Evaluate floodplain issues by reviewing a background document of the project area, reviewing of

the Federal Emergency Management Agency (FEMA)/ National Flood Insurance Program flood

maps, and contacting outside agencies and individuals as necessary. A field visit should be

performed by the Hydraulic Engineer for all but the simplest projects.

The documentation includes a description of the hydraulic and floodplain setting (including any

special requirements described in the Basin Plan), describes potential impacts to local hydrology,

and identifies additional studies and agency coordination that will be needed for the environmental

document. Floodplain criteria as defined in 23 CFR 650, Subpart A (sections 650.101 thru 650.117)

may also need to be consulted. The documentation also includes constraints and recommendations

that may affect project design.

150.20.60 PEAR Preparation

Prepare Preliminary Environmental Analysis Report (PEAR) or a Categorical Exemption/

Categorical Exclusion (CE/CE) for qualifying projects where the PID is combined with project

report/environmental document. Reference the Caltrans PEAR Handbook for further details

regarding PEAR preparation, formatting, and content.

150.20.65 Initial Paleontology Study

A paleontological identification report (PIR) may be prepared at any time during project

development; however, the PIR is recommended during PEAR preparation in order to document the

potential for presence or non-presence of paleontological resources in the project area.

Evaluating potential paleontological resources includes a review of databases and/or a background

document review, as well as contact with outside agencies, museums, universities, and individuals.

Conducting a windshield survey or equivalent of the project area, if appropriate, follows this work.

The preparer will describe the geologic and paleontological setting of the project area and the

results of database/background/contact review. The report should also discuss tribal government,

agency coordination, approvals, and permits (e.g., permits to conduct investigations on BLM,

USFS, or USACOE-administered lands).

Provide a summary statement for inclusion in the PEAR. The summary should note issues, risks,

and assumptions that might affect the alternatives, cost, schedule, or viability of the project.

5.b

Packet Pg. 102

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)


Page 37 of 55

150.20.70 Initial Native American Coordination See WBS 150.20.30

150.20.99 Other PEAR Products

All other work, during the PEAR efforts, not defined or covered in other 150.20 activities.

150.25 Approved PID (PSR, PSSR, etc.)

This activity includes all tasks required to develop the PID text and exhibits, as well as the effort

required to circulate, review and update the PID. It also includes the development and approval of

any supplemental PIDs.

150.25.05 Draft PID

This activity includes peer review and submittal to Caltrans for on-system and/or federal aid

projects.

150.35 Required Permits during Project Initiation Documents Development

This activity includes all work, normally prior to approval of the combined PR/PSSR, required

in order to determine what permits may or may not be required. Note: This does not include

coordination with resource agencies covering the scoping and NEPA/404 MOU process covered

under activities of future phases of the project.

150.40 Permits during Project Initiation Documents Development (if necessary) All work involved in obtaining permits for combined PR/PSSR, including:

• Discussions and negotiations with the permitting agency.

• Preparation of the permit and attachments such as exhibits, maps, etc.

• Obtain funds for any required permit fee.

• Submit permit application.

Possible Permits Include:

150.40.05 U.S. Army Corps of Engineers Permit (404)

150.40.10 U.S. Forest Service Permit(s)

150.40.20 Department of Fish and Game 1600 Agreement(s)

150.40.30 Local Agency Concurrence/Permit

150.40.35 Waste Discharge (NPDES) Permit(s) Includes all effort needed to obtain a

National Pollutant Discharge Elimination System (NPDES) permit.

150.40.40 U.S. Fish and Wildlife Service Approval

150.40.45 Regional Water Quality Control Board 401 Permit

150.40.95 Other Permits

ENVIRONMENTAL PHASE

165.05.10 Public and Agency Scoping Process

Prepare and publish legal notices, and perform all public and agency participation tasks related to

the overall environmental product prior to circulation of the Draft Environmental Document to the

public. For on-system projects all documents shall be submitted to Caltrans prior to distribution

and/or finalization.

5.b

Packet Pg. 103

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)


Page 38 of 55

• Prepare written notification of initiation of environmental studies.

• Prepare Draft Notice of Intent (NOI) (NEPA requirement -- EIS only) and submit to FHWA

for Federal Register publication.

• Prepare and circulate Notice of Preparation (NOP) (CEQA requirement -- EIR only).

• Conduct and document Public and Agency environmental scoping meeting(s)

• Prepare and coordinate with SBCTA and Tribal Transportation Planning Agency a Public

Participation Plan, meeting MPO, State Implementation Plan (SIP), FHWA Metropolitan

Planning and tribal requirements.

• Conduct and document public and agency open house and workshop meetings during

development of the environmental document.

• Conduct and document other formal and informal public participation activities such as

citizen's committees, focus groups, presentations to political bodies, and media appearances,

not directly related to preparation and coordination of a technical work product.

• Prepare & circulate newsletters and other public informational and press materials

• Prepare and maintain Project Mailing List

165.05.15 Alternatives for Further Study

The Project Manager, Management, and the Project Development Team select alternative(s) for

further study in the Draft Environmental Document and Draft Project Report. The selection process

and criteria are documented for use in later stages of the project. Alternatives are based on those

developed and documented in the Project Initiation Document, with additions or deletions as

required.

• Perform preliminary alternatives analysis

• Consider public comment and participation

• Review alternatives analysis with Project Development Team

• Prepare and review alternative selection documentation

• Preliminary alternatives analysis report (used by PDT and public)

• Public and PDT Review documentation and comments

• Response to comments

165.10 General Environmental Studies

Perform environmental technical studies, other than for Biology and Cultural Resources, and

prepare technical reports and other work products documenting study results.

165.10.15 Community Impact Analysis Land Use and Growth Studies

Perform all activities related to socioeconomic, land use, and growth impact technical studies for

use in the environmental document, and prepare a technical report documenting study results.

• Perform ethnicity and economic studies to determine the characteristics of the communities

affected by the project. This includes Environmental Justice requirements.

• Perform land use studies to determine the relationship of the project to local, regional, and

other planning, and identify compatibility issues with existing land uses.

• Perform growth impact studies.

• Prepare interim reports for internal and peer review.

• Prepare technical report with mapping & other graphics.

5.b

Packet Pg. 104

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)


Page 39 of 55

• Prepare abstract for inclusion in Environmental Document text.

• Prepare transmittal memo outlining study results, potential significance of impacts and

significance criteria, and proposed mitigation measures.

• Coordinate with local and regional agencies, ethnic and community groups, and business

organizations.

• Farmland Evaluation and Coordination

165.10.20 Visual Impact Assessment and Scenic Resource Evaluation Perform all activities related to Visual Impact Assessment (VIA) and Scenic Resource Evaluation

(SRE) for use in the environmental document, and prepare a technical report documenting study

results.

• Perform a visual inventory of the project area.

• Prepare visual simulations and exhibits of the proposed alternatives.

• Coordinate with local agencies, citizens groups, and business groups related to community

design and scenic issues.

• Prepare technical report.

• Prepare abstract for inclusion in Environmental Document.



• Perform Scenic Resource Evaluation.

165.10.25 Noise Study

Perform all activities related to noise impact analysis for use in the Environmental Document, and

prepare a technical report documenting study results.

• Identify sensitive receptors and analysis locations.

• Collect existing noise information, including monitoring data from Air Resources Board

(ARB) and Air Pollution Control District (APCD) sites.

• Perform noise modeling.

• Develop estimates of effectiveness for alternative mitigation measures.

• Prepare technical report with preliminary barrier plans.




165.10.30 Air Quality Study

Perform all activities related to air quality impact analysis for use in the environmental document,

and prepare a technical report documenting study results.

• Identify sensitive receptors and analysis locations.

• Collect existing CO data

• Perform CO and/or other monitoring. NOTE: Scheduling of this activity should take into

account appropriate study windows.

• Perform micro-scale modeling to predict future pollutant concentrations with no project and

all applicable alternatives.

• Verify Federal Clean Air Act conformity status of the project; coordinate with regional and

air quality agencies to obtain concurrence in the conformity status of the project, and carry

5.b

Packet Pg. 105

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)


Page 40 of 55

out additional conformity-related activities, if necessary, including regional modeling of

additional alternatives and recommendations for RTP and/or RTIP revisions.

• Develop estimates of effectiveness for alternative mitigation measures.

• Prepare monitoring and technical reports.



significance criteria, and proposed mitigation measures for use in the Environmental

Document text.

165.10.35 Water Quality Studies

Perform all activities related to water quality impact analysis for use in the environmental

document, and prepare a technical report documenting study results.

• Identify receiving waters, their regulatory status, and their uses.

• Collect existing water quality information, including monitoring data from other agencies as

available.

• If necessary due to inadequate existing information, conduct on-site sampling and/or

monitoring and prepare monitoring report.

• Perform modeling if necessary and appropriate to predict future pollutant concentrations

with no project and all applicable alternatives.

• Verify applicability of Sole Source Aquifer, NPDES, and other laws and regulations to the

project and design of drainage facilities.

• Develop estimates of effectiveness for alternative drainage facilities and mitigation

measures.

• Prepare technical report with mapping & other graphics.




165.10.40 Energy Studies

Perform all activities related to energy impact analysis for use in the environmental document, and

prepare a technical report documenting study results.

• Perform modeling or use other analysis methods to predict future energy use with no project

and all applicable alternatives.

• Verify applicability of energy-related laws and regulations to the project and design of

drainage facilities.





165.10.45 Summary of Geotechnical Report

Prepare summary of Preliminary Geotechnical Report for inclusion in the Draft Environmental

Document.

• Review Preliminary Geotechnical Report


5.b

Packet Pg. 106

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)


Page 41 of 55

165.10.55 Draft Right of Way Relocation Impact Document

Perform all activities related to relocation impact analysis for use in the Environmental Document,

and prepare a technical report documenting study results.





165.10.60 Location Hydraulic & Floodplain Study Reports

Perform all activities related to preparing a Location Hydraulic Study, including structures

hydraulics, for use in the environmental document and Draft Project Report, and a flood plain study

for use in the Environmental Document, and prepare a technical report or reports documenting

study results.

Note: These studies are usually combined into one document since they address largely the same

issues. The Location Hydraulic Study is a specific FHWA requirement where a project will

encroach on a flood plain. The Flood plain Study may consider a broader range of issues than

FHWA requires for the Location Hydraulic Study, and is usually part of the information required

to deal with the Corps of Engineers in the 404 permit process.





165.10.65 Paleontology Study

Tasks involved with the identification and evaluation of paleontological resources within the

project’s study area.

• Identification of geologic strata potentially affected by project related activities (including

borrow sites, cuts and haul roads) and assessment of its potential to contain significant

paleontological resources.

• Literature search of paleontological resources in the region.

• Consultation with paleontologists with expertise in the region.

• Develop preliminary mitigation plan, if necessary.

• Develop summary report of conclusions for inclusion in the Environmental Document.

• Prepare Paleontological Identification Report (PIR), if not prepared for PID.

• Prepare Paleontological Evaluation Report (PER).

• Prepare Paleontological Monitoring Plan (PMP).

165.10.70 Wild and Scenic Rivers Coordination Tasks involved with the identification and evaluation of wild and scenic rivers within the project’s

study area.

• Identification of all river reaches officially designated as being part of the National Wild and

Scenic River System and official “study” river.

5.b

Packet Pg. 107

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)


Page 42 of 55

• Identification of all river reaches officially designated as “wild”, “scenic”, or “recreational”

by the California Resources Agency.

• Prepare summary report of conclusions for inclusion in the Environmental Document.

165.10.75 Environmental Commitments Record

Prepare and/or update the Environmental Commitments Record (ECR) and its associated

documentation (e.g., Mitigation Monitoring and Reporting Record (MMRR) or Permits,

Agreements and Mitigation (PAM)). In the case of a CE, transmit to Design for inclusion into the

PS&E package. The ECR is used as a part of the Environmental input for the RE Pending File,

Environmental Certification at RTL, and the Certificate of Environmental Compliance upon

completion of construction of the project.

165.10.80 Hazardous Waste Initial Site Assessments/Investigations

Hazardous waste Initial Site Assessments (ISA) are required for all projects. This information

should have been acquired during the previous phase in order to properly complete the PEAR and

PID. If an ISA was not completed during the planning phase, its costs should be captured here.

165.10.85 Hazardous Waste Preliminary Site Investigations

Perform all activities related to one or more Preliminary Site Investigations (PSIs) as defined under

procedures, and prepare a technical report documenting study results.

• Review and, if necessary, update Initial Site Assessment.





165.10.99 Other Environmental Studies

All other work, during the General Environmental Studies efforts, not defined or covered in other

165.10 elements.

165.15 Biological Studies

Perform all activities related to preparing Biological Studies Reports necessary for the preparation

of the project’s Environmental Document related to the project.

• Review of project initiation package

• Conduct literature review and windshield study

• Review the Biology section of the Preliminary Environmental Assessment Report (PEAR)

• Review project documents and perform information search

• Evaluate which potential studies or surveys may be necessary

• Assess potential for biological resources to occur in project area

• Select protocols for conducting biological surveys

• Coordinate with SBCTA, Caltrans and resource agencies

• Conduct required focused surveys to determine presence/absence of federally and State-

listed species within site during appropriate seasons, daytime hours, durations, and

repetitions depending on the species and the protocol from the appropriate resource agency

and with consideration to the project schedule.

5.b

Packet Pg. 108

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)


Page 43 of 55

• Resource agency and property owner notifications shall be made by the consultant, where

required.

• Secure all required permits

• Record and map location of the species on an aerial photograph

• Prepare a Survey Report to include a report of findings:

o Site location plotted on U.S. Geological Survey (USGS) 7.5-minute topographic map;

o Description of survey methods including list of all biologists, acreage of habitat

surveyed, and the number and dates of the surveys;

o Mapping of the precise location of any sensitive plants, if observed;

o Estimation of population numbers, if observed;

o If required prepare morphological analysis in order to differentiate the federally species

form other related species.

o If trapping occurs, all animals captured will be identified to species, sexed, assessed for

reproductive condition and age, marked, weighed, and released;

o If necessary provide relocation services; and

o Completed field forms for the appropriate resource agency showing the location of the

sensitive species, if observed.

165.15.05 Biological Assessment

Perform all tasks related to endangered species and other studies required to complete a Biological

Assessment report.

• Obtain endangered species list for project area.

• Perform presence/absence and other field studies.

• Determine effect on species.

• Perform formal and informal coordination with resource agencies and document the same.

• Prepare Biological Assessment Report.

• Prepare abstract (s) for inclusion in the Natural Environmental Study and Environmental

Document.

• Prepare memo discussing recommended and/or required mitigation measures.

165.15.10 Wetlands Study

Perform all tasks related to identifying, studying project effects on, and determining mitigation for

wetlands in the project area, and prepare a report.

• Coordinate endangered species information with Biological Assessment work.

• Delineate wetlands in the project area to Corps of Engineers standards, and obtain Corps

approval of delineation.

• Evaluate, quantify, and map temporary and permanent impacts to the waters of the U.S.

• If required, prepare a hydrogeomorphic method (HGM), rapid assessment, or other reports.

• Determine effect on species and amount/type of wetlands affected.


• Wetland Delineation materials.

• Prepare abstract(s) for inclusion in Natural Environment Study and Environmental

Document text.

• Memo discussing recommended and/or required mitigation measures.

5.b

Packet Pg. 109

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)


Page 44 of 55

165.15.15 Resource Agency Permit Related Coordination

Effort involved directly with formal consultation and coordination required in order to complete the

biological studies. This work may result from studies done under any of the other biological task

areas and may be required in order to complete those studies. The purpose of separating this effort

is to identify the workload involved with permit and mandatory consultation work in the biology

field. The intent of this activity is to gain consensus with the resource agencies on the impacts and

mitigation’s on the proposed alternatives necessary for completion of the Draft Environmental

Document (DED).

• Obtain concurrence by the Corps of Engineers with initial purpose and need and range of

alternatives, per NEPA/404 MOU requirements.

• Coordinate work with Biological Assessment, Wetlands Study, and Natural Environment

Study work.

• Perform Section 7 and/or Section 10 consultation with the U.S. Fish & Wildlife Service.

• Perform formal consultation and obtain concurrence in biological and wetland studies under

the NEPA/404 Coordination MOU process.

• Perform early consultation with California Department of Fish and Game regarding biology

issues related to possible Section 1600 permits.

• Perform formal and informal biology-related coordination with other resource agencies as

needed.

• Prepare and submit preliminary Section 404 permit application to the Army Corps of

Engineers per NEPA/404 Memorandum of Understanding (MOU).

• Prepare and submit Section 408 permit application to the San Bernardino County Flood

Control District.

• Migratory Bird Act (U.S. Fish and Wildlife Service).

• Fish and Game Code 2081 or 2080.1 (California Department of Fish and Wildlife).

• Fish and Game code 1002 and Title 14 Sections 650 and 670.1 (California Department of

Fish and Wildlife).

165.15.20 Natural Environment Study (NES) Report

Based on information developed in the Biological Assessment and Wetlands Study reports, and

other information as directed by technical guidance, prepare a Natural Environment Study (NES)

Report. This report is the master document covering compliance with biological study and

consultation requirements, and providing language and mitigation measures for use in the

Environmental Document.

• Review other biological study work.





165.15.99 Other Biological Studies

All other work, during the Biological Studies efforts, not defined or covered in other 165.15

elements.

5.b

Packet Pg. 110

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)


Page 45 of 55

165.20 Cultural Resource Studies

Perform studies and prepare cultural resources (archaeological, historical, and architectural reports)

in order to comply with the requirements of CEQA, NEPA, Section 106 of the National Historic

Preservation Act, and Section 5024 of the California Public Resources Code. Included is

consultation with Native American communities. Produce documentation (e.g., from FHWA or

State Historic Preservation Officer (SHPO)) that compliance with applicable Federal and/or state

cultural resource laws and regulations has been achieved.

165.20.05 Archaeological Survey

Archaeological Survey Report (ASR) that details study methods and results.

165.20.05.05 Area of Potential Effects/Study Area Maps

Specialist will prepare an Area of Potential Effects (APE) maps for projects with a Federal nexus

and Study Area maps for those with State-only involvement.

165.20.05.10 Native American Consultation

Consult with federally recognized tribes and California Indian traditional cultural leaders,

unrecognized groups, and individuals on their concerns regarding project activities.

Simultaneously, these efforts also include identifying other cultural concerns and areas of cultural

significance that a proposed project may impact and that, under environmental law, may need to be

addressed. Consultation includes identification, evaluation, determination of effects, and treatment

of archaeological resources. In addition, consultation includes identification of areas important to

Native Americans that may be unrecognized by people outside the culture. These include sacred

sites, plant-gathering areas, and certain historic properties that are referred to as Traditional Cultural

Properties. This activity will include the following subtasks:

165.20.05.15 Records and Literature Search

165.20.05.20 Field Survey

165.20.05.25 Archaeological Survey Report (ASR)

165.20.05.99 Other Archaeological Survey Products

165.20.10 Extended Phase I Archaeological Studies

If required, specialist may be asked to prepare an Extended Phase I (XPI) study is an extension of

the identification phase for archaeological resources, meeting the requirements of 36 CFR 800.4(b),

“to identify historic properties within the area of potential effects,” and similar requirements under

CEQA. The XPI Proposal is used to explain the reasons for the XPI study, to describe the proposed

field methods, and will be used as the basis for determining when the study goals have been met and

fieldwork can cease. Refer to the Standard Environmental Reference, Chapter 5, Section 5.5 for a

complete discussion of Extended Phase I studies. Subtasks include:


165.20.10.10 Extended Phase 1 Proposal

165.20.10.15 Extended Phase I Field Investigation

165.20.10.20 Extended Phase I Materials Analysis

165.20.10.25 Extended Phase I Report

5.b

Packet Pg. 111

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)


Page 46 of 55

165.20.10.99 Other Extended Phase I Archaeological Study Products

All other work, during the Extended Phase I Archaeological Studies efforts, not defined or covered

in other 165.20.10 elements.

165.20.15 Phase II Archaeological Studies

A Phase II report is a technical report detailing the methods and results of Phase II studies for

projects involving only one alternative or projects where all alternatives have the same impacts on

all archaeological resources. Activities included are:


165.20.15.10 Phase II Proposal

165.20.15.15 Phase II Field Investigation

165.20.15.20 Phase II Materials Analysis

165.20.15.25 Phase II Report

165.20.15.99 Other Extended Phase II Archaeological Study Products

This task covers all other work, during the Extended Phase II Archaeological Studies efforts, not

defined or covered in other 165.20.15 elements.

165.20.20 Historical and Architectural Resource Studies

Produce technical report(s) detailing the methods and results of the Historic and Architectural

Resource studies. Activities included are:

165.20.20.05 Preliminary Area of Potential Effects/Study Area Maps for Architecture

165.20.20.10 Historic Resource Evaluation Reports - Archaeology

165.20.20.15 Historic Resource Evaluation Reports - Architecture

165.20.20.20 Bridge Evaluation

165.20.25 Cultural Resource Compliance Consultation Documents Compliance documents submitted to FHWA and/or the State Historic Preservation Officer

(SHPO) for concurrence regarding resource identification, significance, project effects, and

mitigation measures. Activities included are:

165.20.25.05 Final Area of Potential Effects/Study Area Maps

165.20.25.10 PRC 5024.5 Consultation

165.20.25.15 Historic Property Survey Reports / Historic Resource Compliance Reports

165.20.25.20 Finding of Effect (FOE)

165.20.25.25 Archaeological Data Recovery Plan/Treatment Plan

165.20.25.30 Memorandum of Agreement (MOA)

165.20.25.99 Other Cultural Resource Compliance Consultation Products

165.25 Draft Environmental Document

Prepare Draft Environmental Document (DED) with all attachments or Categorical

Exemption/Categorical Exclusion documentation. Conduct all necessary in-house and external

reviews (NEPA and CEQA documents) and obtain U.S. DOT (Federal Highways (FHWA), FTA, or

other Administration) approval to circulate NEPA Document.

5.b

Packet Pg. 112

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)


Page 47 of 55

165.25.05 Draft Environmental Document Analysis

Analyze technical studies and prepare DED (CEQA draft ND/IS or EIR; NEPA draft EA or EIS;

typically combination CEQA/NEPA document). Activity includes the coordination of the studies

required for the ED.

165.25.10 Section 4(f) Evaluation

For projects with USDOT involvement where the project “uses” public owned lands of a public

park, recreation area or wildlife and waterfowl refuge of national, state, or local significance or

historic or archaeological sites listed or eligible for the Nation Register of Historic Places are

impacted by the project, Specialist will determine whether the “use” is de minimus or qualifies for a

programmatic Section 4(f). Specialist will perform an analysis to determine whether there is one or

more feasible and prudent avoidance alternatives to the “use” of the Section 4(f) p

165.25.15 Categorical Exemption / Categorical Exclusion (CE) Determination Includes review, circulation and approval.

165.25.20 Environmental Quality Control & Other Reviews

Carry out formal and informal review of DED within Consultant’s firm and as a peer review

activity, including all required quality control reviews. Revise DED as required addressing any

comments. Prepare Quality Control Review Certification.

165.25.25 Approval to Circulate Resolution Includes time and effort required to resolve comments.

165.25.99 Other Draft Environmental Document Products

All other work, during the Draft Environmental Document efforts, not defined or covered in other

165.25 elements.

175.05 DED Circulation

Preparation and circulation of the DED, this effort does not include the public hearing process and

responding to comments.

175.05.05 Master Distribution and Invitation Lists

Update the project's existing mailing list and prepare the distribution list for all interested

individuals, groups, and governmental agencies.

175.05.10 Notices Regarding Public Hearing & Availability of Draft Environmental Document

This includes all efforts required to prepare and issue a Notice of Availability for the DED, mail

notifications of the public hearing, either the published "Notice of Opportunity" or the first

published public hearing notice.

175.05.15 DED Publication and Circulation

Includes formal public circulation period, publishing/reproduction (including both paper and

electronic formats) and mailing of the DED. This activity does not include the public hearing

process and responding to comments. Includes providing documents to SBCTA or Caltrans for

transmittal of DED to CTC and preparation of CTC agenda item.

5.b

Packet Pg. 113

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)


Page 48 of 55

175.05.99 Other DED Circulation Products

All other work, during the DED Circulation efforts, not defined or covered in other 175.05

elements.

175.10 Public Hearing Perform all tasks for the purpose of preparing and holding Public Hearing for a project.

175.10.05 Need for Public Hearing Determination

Based upon the response to the "Notice of Opportunity" for a public hearing, meetings are

scheduled with the interested parties to determine if a public hearing is required.

175.10.10 Public Hearing Logistics

Arrange for Public Hearing Logistic - Includes all formal arrangements for the public hearing

including:

• Select and obtain public hearing officer

• Obtain hearing room

• Obtain security

• Obtain court reporter

• Obtain language interpreters

• Prepare handouts

175.10.15 Displays for Public Hearing

Preparation of any displays, exhibits, equipment, signs, models, or other physical features for use at

the public hearing.

175.10.20 Second Notices of Public Hearing and Availability of DED

This includes the second published and all subsequent public hearing notice and general publicity

regarding the public hearing. Including:

• Display ads

• Flyers or newsletters mailed / distributed to residents and interested parties

• Notices on bulletin boards in public places

• Press release to all media

• Distribution of notices through schools and service clubs

• Copies of the notice sent to OPPD & FHWA

• Availability of DED

175.10.25 Map Display and Public Hearing Plan

175.10.30 Display Public Hearing Maps Includes either formal or informal display of the maps to be shown at the public hearing, prior to the

public hearing.

175.10.35 Public Hearing Includes all remaining activities relating to holding the public hearing.

5.b

Packet Pg. 114

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)


Page 49 of 55

175.10.40 Record of Public Hearing

Prepare record of public hearing.

175.10.99 Other Public Hearing Products

All other work, during the Public Hearing efforts, not defined or covered in other 175.10 elements.

175.15 Public Comment Responses and Correspondence Includes the formal response to comments on the DED for the preparation of the Final

Environmental Document (FED).

175.20 Project Preferred Alternative

Identify the project's preferred alternative to be carried forward in the Project Report (PR) and Final

Environmental Document (FED).

• Assemble all the data needed to make the selection of the preferred alternative.

• PDT and other meetings to select the preferred alternative.

• Prepare and submit to the NEPA/404 Agencies, a request for concurrence with the Least

Environmentally Damaging Practicable Alternative (LEDPA) determination and conceptual

mitigation plan.

180.10.05 Approved Final Environmental Document

Includes efforts required to prepare and obtain approval of the Final Environmental Document

(FED).

180.10.05.05 Draft Final Environmental Document Review

Includes reproduction of draft FED, performance of internal district and required QA/QC reviews,

and documentation of comments received.

180.10.05.10 Revised Draft Final Environmental Document

Includes modification of Final Environmental Document (FED) in response to all comments

received as a result of internal district and required QA/QC reviews and consideration of the

following:

180.10.05.15Section 4(f) Evaluation

180.10.05.20 Findings

180.10.05.25 Statement of Overriding Considerations

180.10.05.30 CEQA Certification

180.10.05.40 Section 106 Consultation and MOA

All technical studies, reports, coordination, and agreements associated with completing Section 106

Consultation for projects involving multiple alignments where the preferred alternative identified

until after circulation of the Draft Environmental Document. Efforts may include:

• Performing Phase II Archaeological Studies for the Preferred Alternative (including

Native American Consultation, proposal preparation, field investigations, analysis, and

report preparation).

5.b

Packet Pg. 115

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)


Page 50 of 55

• Prepare and Process Supplemental Cultural Resources Compliance Documents for the

Preferred Alternative (including preparation of Final Area of Potential Effect map,

Supplemental Historic Property Survey Report, Finding of Effect, Archaeological Data

Recovery Plan/Treatment Plan, and Memorandum of Agreement (MOA)).

• Processing of supplemental compliance documents through FHWA and/or the State

Historic Preservation Officer for concurrence on resource significance, project effects,

and mitigation measures.

180.10.05.45 Section 7 Consultation

If necessary perform the following:

180.10.05.50 Final Section 4(f) Statement

180.10.05.55 Floodplain Only Practicable Alternative Finding

180.10.05.60 Wetlands Only Practicable Alternative Finding

180.10.05.65 Section 404 Compliance

If necessary, obtain a permit, achieve acceptance of stipulations, or assist in

constructing/coordination of some other agreement.

180.10.05.70 Mitigation Measures Assist in determining mitigation measures, negotiating, finding and securing mitigation measures.

180.10.10 Public Distribution of FED and Respond To Comments

Includes publication/reproduction (including both paper and electronic formats), preparation of a

transmittal letter, publication of the Notice of Availability, transmittal of copies of the Federal

Register, and distribution of the Final Environmental Document (FED). Includes transmittal of

Final Environmental Document (FED) to CTC, preparation of CTC agenda item and respond to

comments on the FED.

180.10.15 Final Right of Way Relocation Impact Document Complete and update the draft Right of Way Impact Study done during the DED phase.

180.10.99 Other FED Products All other work, during the FED efforts, not defined or covered in other 180.10 elements.

180.15 Completed Environmental Document Prepare the Notice of Determination (NOD) and Record of Decision (ROD) and obtain FHWA

approval of the ROD.

180.15.05 Record of Decision (NEPA) Includes efforts required to draft and obtain Federal approval of the Record of Decision

(ROD)

180.15.10 Notice of Determination (CEQA)

Includes preparation of Notice of Determination (NOD,) making and sending copies to HQ, CTC

action, and filing with the Office of Planning and Research.

5.b

Packet Pg. 116

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)


Page 51 of 55

180.15.20 Environmental Commitments Record

Includes preparing or updating of the Environmental Commitments Record (ECR) and its

associated documentation (e.g., Mitigation Monitoring and Reporting Record (MMRR) or Permits,

Agreements, and Mitigation (PAM)) for transmission to Design for PS&E. The ECR is used as a

part of the Environmental input for the RE Pending File, Environmental Certification at the

conclusion of PS&E, and the Certificate of Environmental Compliance at the conclusion of

construction.

180.15.99 Other Completed Environmental Document Products All other work, during the Completed Environmental Document efforts, not defined or covered

in other elements.

DESIGN PHASE

205.05 Required Permits This activity includes all work required in order to determine what permits may be required or

may not be required and for assisting in all activities leading to securing permits.

205.10 Permits

All work involved in obtaining permits, including:

• Discussions and negotiations with the permitting agency.

• Preparation of the permit and attachments such as exhibits, maps, etc.

• Obtain funds for any required permit fee.

• Submit permit application.

Partial listing of Permits:

205.10.05 U.S. Army Corps of Engineers Permit (404)

205.10.10 U.S. Forest Service Permit(s)

205.10.20 Department of Fish and Game 1600 Agreement(s)

205.10.30 Local Agency Concurrence/Permit

Perform any coordination necessary with the local agency(ies) to obtain concurrence from the

appropriate local agency(ies) when state highway construction impacts existing local facilities.

205.10.40 Waste Discharge (NPDES) Permit(s)

Includes all effort needed to obtain a National Pollutant Discharge Elimination System (NPDES)

permit.

205.10.45 U.S. Fish and Wildlife Service Approval

Includes all effort needed to obtain Service approval.

205.10.50 Regional Water Quality Control Board 401 Permit Includes all effort needed to obtain a 401 permit.

205.10.60 Updated ECR Includes all efforts necessary to update the Environmental Commitments Record (ECR).

5.b

Packet Pg. 117

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)


Page 52 of 55

205.10.95 Other Permits

Includes all permits not listed above, such as flood control district or other permits.

CONSTRUCTION PHASE

235.05 Environmental Mitigation

All work involved in order to accomplish environmental mitigation as determined in the Final

Environmental Document (FED) and associated regulatory permits and agreements.

235.05.05 Historical Structures Mitigation

All work to move, sell, rehabilitate, or provide landscape buffers for historic structures. Includes

historic buildings and historic engineering features such as bridges, roads, trails, canals, and

railroads.

• Marketing Plan

• Historic American Building Survey (HABS) recordation

• Historic American Engineering Record (HAER)

• Prepare mitigation report for FHWA, State Historic Preservation Office (SHPO), and

Advisory Council on Historic Preservation (ACHP) submittal

235.05.10 Archaeological and Cultural Mitigation

Recover archaeological data (Phase III) and perform other research related to the site's National

Register of Historic Places (NRHP) eligibility (excavation, analyses, report preparation, and

distribution). This activity is only applicable when an archaeological site is eligible for the National

Register of Historic Places for its research potential under Criterion “d”. This activity also includes

non-excavation work related to the data recovery. Publish Phase III final report on results of

excavation and research, produce a curated collection, and fulfill mitigation requirements.

• Pre-excavation burial agreement with Native Americans.

• Arrangements for Native American monitors.

• Curation agreement.

• Site mapping.

• Right of Entry, if needed.

• Site visit with consultants and Native Americans.

• All field work.

• Analyses of recovered materials.

• Repatriations of human remains and sacred objects, if recovered.

• Preparation, submittal, and review of draft report on excavations

• Publish Phase III final report.

• Transfer collection and field notes and pay fees to curation facility.

• Transmit final report to FHWA, SHPO, ACHP, tribes, and the scientific community and

obtain approval letters if required.

• Establish an Environmental Sensitive Area (ESA) to protect remaining portions of site.

235.05.15 Biological Mitigation

Perform the design and monitoring of all biological mitigation measures as outlined in the final

environmental document and included as a part of the parent project that created the impact. In the

event that permit renewals or extensions result in new or changed requirements, the Environmental

5.b

Packet Pg. 118

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)


Page 53 of 55

Commitments Record (ECR) and related documents (e.g., MMRR), RE Pending File,

Environmental Certification at RTL, and similar documents must also be updated.

• Prepare Mitigation Monitoring Plan

• Design and delineation of mitigation measures into project plans.

• Preparation of special provisions

• Reviews by affected units and regulatory agencies.

• Prepare and distribute monitoring reports.

• Prepare and submit permit renewal and extension requests to resource agencies.

• Train field personnel

235.05.25 Paleontology Mitigation

All tasks related to the monitoring for or recovery of paleontological resources affected by the

project related activities, contract (or task order) oversight, coordination and monitoring of field

work, report review.

• Prepare, review and update, as necessary, the Paleontological Mitigation Plan (PMP).

• Train field personnel, if required.

• Prepare reports on mitigation work.

• Prepare a Paleontological Stewardship Summary.

235.05.99 Other Environmental Mitigation Products All other work, during the Environmental Mitigation efforts, not defined or covered in other

elements.

235.10 Detailed Site Investigation for Hazardous Waste

Perform a detailed Site Investigation (SI) through development of a task order using the

District/Region’s on-call contract. The investigation should fully characterize the contamination,

identify appropriate and feasible cleanup alternatives, and estimate cleanup costs.

235.10.05 Right or Permit for Hazardous Waste Site Investigations (SI)

Obtain right or permit to enter, or request the same from SBCTA, to access an identified property

for the purpose of conducting a hazardous waste site investigation. Adequate time should be

requested in the right or permit to ensure completion of the detailed SI.

235.10.10 Hazardous Waste Sites Survey Determine which identified sites require a detailed site investigation.

235.10.15 Detailed Hazardous Waste Site Investigation SI

Develop a workplan for conducting a Detailed Site Investigation (DSI) and feasibility studies and/or

conduct the detailed SI. Consultants work under the direction and control of SBCTA with

coordination of the Caltrans District 8 Hazardous Waste Coordinator or other assigned staff.

235.15 Hazardous Waste Management Plan

The remedial investigation and feasibility studies of potential mitigation strategies for the site

constitute the Hazardous Waste Management Plan (HWMP). A part of the HWMP is the Remedial

Action Plan (RAP). This is the actual plan necessary for implementing the remediation.

5.b

Packet Pg. 119

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)


Page 54 of 55

• Develop RAP

• Review RAP and determine scope of HWMP

• Develop HWMP

• Approve HWMP

235.25 Hazardous Waste Clean-up

Hazardous Waste Technical Specialists provide support and/or manage remediation during

construction. Prepare work plan, coordinate with resource/regulatory agencies, perform

remediation and complete a cleanup report if required by a resource/regulatory agency.

235.30 Hazardous Substances Disclosure Document (HSDD)

Hazardous Waste Technical Staff prepare and approve the HSDD, including validation of site

investigation findings and cleanup completed by others. If a proposed property acquisition is

located outside the boundary of previous hazardous waste studies for the project, additional

investigations may be needed before acquisition. If prior studies indicate that a situation exists

where some action by the existing owner is required, progress of that action (including tank

removal), if any, will be assessed and further recommendations made as needed before the HSDD

can be approved.

• Review of R/W Certification for consistency with prior project scope.

• Field review of site.

• Verification of status of any recommended remediation (tank removal) by owner.

• Preparation and approval of the Certificate of Sufficiency for acquisition.

235.35 Long Term Mitigation Monitoring

Work involved in the monitoring of mitigation sites over an extended period to ensure compliance

with objectives of the permit issued by the regulatory agency.

• Field review of site

• Develop and submit performance reports to the regulatory agency

• Perform remedial action to correct deficiencies

235.40 Updated Environmental Commitments Record

Includes all efforts necessary to update the Environmental Commitments Record (ECR) and its

associated documentation (e.g., Mitigation Monitoring and Reporting Record (MMRR) or Permits,

Agreements, and Mitigation (PAM)) prepared. The updated ECR must be coordinated with Design.

The ECR is used as a part of the Environmental input for the RE Pending File, Environmental

Certification at the conclusion of PS&E, and the Certificate of Environmental Compliance at the

conclusion of construction.

255.15 Environmental Reevaluation

This activity is initiated when there are changes in any factors that might affect the validity of the

project’s Environmental Document (ED) or CE Determination. Pertinent factors include, but are

not limited to, changes in the project scope, identification of new issues, and changes in laws or

regulations as they apply to the project. Reevaluation is required for Federal nexus projects at each

project decision point and three years after completion of the ED or CE. In the event that permit

renewals or extensions result in new or changed requirements, the Environmental Commitments

5.b

Packet Pg. 120

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)


Page 55 of 55

Record, Mitigation Monitoring and Reporting Record, RE Pending File, and similar documents

must also be updated.

Note: FED’s are only valid for three years; consequently this activity may be required more

than once. Technical studies that may be required to assess the new impacts includes but is

not limited to: biological, archaeological, visual and noise studies.

• Drafting review and approval of the reevaluation.

• Prepare and submit permit renewal and extension requests to resource agencies.

260.75 Environmental Certification at RTL

This activity includes all environmental work necessary to review the PS&E and for the

Environmental Branch Chief, or designee, to complete the Environmental Certification.

NOTE: This Certification is based on a “snapshot” of the Environmental Commitments

Record (ECR), or similar document (e.g., Mitigation Monitoring and Reporting Record),

which is also used to provide Environmental’s staff input for the Resident Engineer’s File.

195.40.30 Hazardous Waste and Hazardous Materials

Monitoring state-owned properties for potential hazardous waste and hazardous materials.

Includes coordinating with the Caltrans and tenants for cleanup.

295.35 Certificate of Environmental Compliance

The purpose of the certificate is to document the Department’s environmental compliance efforts

for all measures specified in final environmental (or other project) documents and to inform all

project stakeholders (including regulatory agencies) as to the outcome of the mitigation efforts.

The information contained in this Certificate should be based on the Environmental Commitments

Record (ECR), or similarly summary, initiated during PA&ED.

The ECR is also used for Environmental Certification at RTL and for input into the RE Pending

File. The Certificate should contain, as a minimum, the following information summaries:

• Brief project descriptions including county, route, PM, and EA

• Impacts

• Mitigation associated with each impact

• Mitigation completed according to agreements and the agency with which that agreement

was reached and the date it was completed.

• Mitigation not completed according to agreements, why it was not so accomplished, what

was done instead, and when that was completed.

• Updated Environmental Commitments Records (or similar, e.g., Mitigation Monitoring and

Reporting Record) to cover any on-going future commitments (copies must be provided to

the impacted units (e.g., Maintenance).

295.40 Long Term Environmental Mitigation/Mitigation Monitoring After

Construction Contract Acceptance This task includes mitigation or monitoring of mitigation after Construction Contract Acceptance

over an extended period to ensure compliance with resource and regulatory agency permits and

agreements. The updated Environmental Commitments Records should be filed with SBCTA as

evidence that SBCTA has met its obligation to fully document environmental compliance efforts

for projects, both for its own projects, or if required for Caltrans or other agency project where

SBCTA is providing these services.

5.b

Packet Pg. 121

Att

ach

men

t: 2

0-10

0237

7 C

on

trac

t an

d S

OW

[R

evis

ion

4]

(68

84 :

Aw

ard

Co

ntr

act

No

. 20-

1002

377

for

On

-Cal

l En

viro

nm

enta

l Ser

vice

s)

ATTACHMENT B Specific Rate of Compensation (use for on call or As- Needed contracts)

(Construction Engineering and Inspection Contracts)

Consultant or Subconsultant : Contract No. 20-1002377 Date 08/25/2020

Fringe Benefit % Over head % General Administration% Combined Indirect Cost Rate (ICR) %(=0%if Included in OH) + + (=0%if Included in OH) =

62.01%

FEE % =

Effective date of hourly rateStraight Hrs Straight Rate OT Hrs (1.5x) OT Rate (1.5x) OT Hrs (2x) OT Rate (2x) From To

261.86$ 261.86$ 261.86$ -$ 01/01/2021 - 12/31/2021 91.25$ 0.0% 84.00$ 101.00$ 269.72$ 269.72$ 269.72$ -$ 01/01/2022 12/31/2022 93.99$ 3.0% 84.00$ 101.00$ 277.81$ 277.81$ 277.81$ -$ 01/01/2023 12/31/2023 96.81$ 3.0% 84.00$ 101.00$ 286.15$ 286.15$ 286.15$ -$ 01/01/2024 12/31/2024 99.71$ 3.0% 84.00$ 101.00$ 294.73$ 294.73$ 294.73$ -$ 01/01/2025 12/31/2025 102.70$ 3.0% 84.00$ 101.00$ 158.67$ 158.67$ 158.67$ -$ 01/01/2021 - 12/31/2021 55.29$ 0.0% 53.00$ 72.00$ 163.43$ 163.43$ 163.43$ -$ 01/01/2022 12/31/2022 56.95$ 3.0% 53.00$ 72.00$ 168.33$ 168.33$ 168.33$ -$ 01/01/2023 12/31/2023 58.66$ 3.0% 53.00$ 72.00$ 173.38$ 173.38$ 173.38$ -$ 01/01/2024 12/31/2024 60.42$ 3.0% 53.00$ 72.00$ 178.58$ 178.58$ 178.58$ -$ 01/01/2025 12/31/2025 62.23$ 3.0% 53.00$ 72.00$ 147.62$ 147.62$ 147.62$ -$ 01/01/2021 - 12/31/2021 51.44$ 0.0% 53.00$ 72.00$ 152.05$ 152.05$ 152.05$ -$ 01/01/2022 12/31/2022 52.98$ 3.0% 53.00$ 72.00$ 156.61$ 156.61$ 156.61$ -$ 01/01/2023 12/31/2023 54.57$ 3.0% 53.00$ 72.00$ 161.31$ 161.31$ 161.31$ -$ 01/01/2024 12/31/2024 56.21$ 3.0% 53.00$ 72.00$ 166.15$ 166.15$ 166.15$ -$ 01/01/2025 12/31/2025 57.90$ 3.0% 53.00$ 72.00$ 172.47$ 172.47$ 172.47$ -$ 01/01/2021 - 12/31/2021 60.10$ 0.0% 53.00$ 72.00$ 177.65$ 177.65$ 177.65$ -$ 01/01/2022 12/31/2022 61.90$ 3.0% 53.00$ 72.00$ 182.98$ 182.98$ 182.98$ -$ 01/01/2023 12/31/2023 63.76$ 3.0% 53.00$ 72.00$ 188.46$ 188.46$ 188.46$ -$ 01/01/2024 12/31/2024 65.67$ 3.0% 53.00$ 72.00$ 194.12$ 194.12$ 194.12$ -$ 01/01/2025 12/31/2025 67.64$ 3.0% 53.00$ 72.00$ 172.47$ 172.47$ 172.47$ -$ 01/01/2021 - 12/31/2021 60.10$ 0.0% 53.00$ 72.00$ 177.65$ 177.65$ 177.65$ -$ 01/01/2022 12/31/2022 61.90$ 3.0% 53.00$ 72.00$ 182.98$ 182.98$ 182.98$ -$ 01/01/2023 12/31/2023 63.76$ 3.0% 53.00$ 72.00$ 188.46$ 188.46$ 188.46$ -$ 01/01/2024 12/31/2024 65.67$ 3.0% 53.00$ 72.00$ 194.12$ 194.12$ 194.12$ -$ 01/01/2025 12/31/2025 67.64$ 3.0% 53.00$ 72.00$

93.12$ 93.12$ 93.12$ -$ 01/01/2021 - 12/31/2021 32.45$ 0.0% 29.00$ - 43.00$ 95.92$ 95.92$ 95.92$ -$ 01/01/2022 12/31/2022 33.42$ 3.0% 29.00$ - 43.00$ 98.79$ 98.79$ 98.79$ -$ 01/01/2023 12/31/2023 34.43$ 3.0% 29.00$ - 43.00$

101.76$ 101.76$ 101.76$ -$ 01/01/2024 12/31/2024 35.46$ 3.0% 29.00$ - 43.00$ 104.81$ 104.81$ 104.81$ -$ 01/01/2025 12/31/2025 36.52$ 3.0% 29.00$ - 43.00$ 114.02$ 114.02$ 114.02$ -$ 01/01/2021 - 12/31/2021 39.73$ 0.0% 29.00$ - 43.00$ 117.44$ 117.44$ 117.44$ -$ 01/01/2022 12/31/2022 40.92$ 3.0% 29.00$ - 43.00$ 120.96$ 120.96$ 120.96$ -$ 01/01/2023 12/31/2023 42.15$ 3.0% 29.00$ - 43.00$ 124.59$ 124.59$ 124.59$ -$ 01/01/2024 12/31/2024 43.41$ 3.0% 29.00$ - 43.00$ 128.33$ 128.33$ 128.33$ -$ 01/01/2025 12/31/2025 44.72$ 3.0% 29.00$ - 43.00$

97.20$ 97.20$ 97.20$ -$ 01/01/2021 - 12/31/2021 33.87$ 0.0% 29.00$ - 43.00$ 100.11$ 100.11$ 100.11$ -$ 01/01/2022 12/31/2022 34.89$ 3.0% 29.00$ - 43.00$ 103.12$ 103.12$ 103.12$ -$ 01/01/2023 12/31/2023 35.93$ 3.0% 29.00$ - 43.00$ 106.21$ 106.21$ 106.21$ -$ 01/01/2024 12/31/2024 37.01$ 3.0% 29.00$ - 43.00$ 109.40$ 109.40$ 109.40$ -$ 01/01/2025 12/31/2025 38.12$ 3.0% 29.00$ - 43.00$

89.68$ 89.68$ 89.68$ -$ 01/01/2021 - 12/31/2021 31.25$ 0.0% 29.00$ - 43.00$ 92.37$ 92.37$ 92.37$ -$ 01/01/2022 12/31/2022 32.19$ 3.0% 29.00$ - 43.00$ 95.14$ 95.14$ 95.14$ -$ 01/01/2023 12/31/2023 33.15$ 3.0% 29.00$ - 43.00$ 98.00$ 98.00$ 98.00$ -$ 01/01/2024 12/31/2024 34.15$ 3.0% 29.00$ - 43.00$

100.94$ 100.94$ 100.94$ -$ 01/01/2025 12/31/2025 35.17$ 3.0% 29.00$ - 43.00$ 89.68$ 89.68$ 89.68$ -$ 01/01/2021 - 12/31/2021 31.25$ 0.0% 29.00$ - 43.00$

Kathy Douglas, Project Manager

Carla Marriner, Sr.Project Manager

Max Ketabi, Project Mgr.

Darcy Hardwick, PM

Julie Beeman, President

Erin Hayes, Director Biology

Wade Caffrey, Director Regulatory

Dan Bott, Director CEQA

Pat Maxon, Director Cultural

VCS Environmental

101.27% 163.28%

9.00%

Name/ Job Title/ Classification Hours and Billing Rates Total Hours Total CostActual or Avg hourly rate

% or $ increaseHourly range- for classification

only

5.c

Packet Pg. 122

Att

ach

men

t: 2

0-10

0237

7 A

ttac

hm

ent

B (

6884

: A

war

d C

on

trac

t N

o. 2

0-10

0237

7 fo

r O

n-C

all E

nvi

ron

men

tal S

ervi

ces)


(Construction Engineering and Inspection Contracts)92.37$ 92.37$ 92.37$ -$ 01/01/2022 12/31/2022 32.19$ 3.0% 29.00$ - 43.00$ 95.14$ 95.14$ 95.14$ -$ 01/01/2023 12/31/2023 33.15$ 3.0% 29.00$ - 43.00$ 98.00$ 98.00$ 98.00$ -$ 01/01/2024 12/31/2024 34.15$ 3.0% 29.00$ - 43.00$

100.94$ 100.94$ 100.94$ -$ 01/01/2025 12/31/2025 35.17$ 3.0% 29.00$ - 43.00$ 96.08$ 96.08$ 96.08$ -$ 01/01/2021 - 12/31/2021 33.48$ 0.0% 29.00$ - 43.00$ 98.96$ 98.96$ 98.96$ -$ 01/01/2022 12/31/2022 34.48$ 3.0% 29.00$ - 43.00$

101.93$ 101.93$ 101.93$ -$ 01/01/2023 12/31/2023 35.52$ 3.0% 29.00$ - 43.00$ 104.99$ 104.99$ 104.99$ -$ 01/01/2024 12/31/2024 36.58$ 3.0% 29.00$ - 43.00$ 108.14$ 108.14$ 108.14$ -$ 01/01/2025 12/31/2025 37.68$ 3.0% 29.00$ - 43.00$

79.66$ 119.50$ 159.33$ -$ 01/01/2021 - 12/31/2021 27.76$ 0.0% 24.00$ - 34.00$ 82.05$ 123.08$ 164.11$ -$ 01/01/2022 12/31/2022 28.59$ 3.0% 24.00$ - 34.00$ 84.52$ 126.77$ 169.03$ -$ 01/01/2023 12/31/2023 29.45$ 3.0% 24.00$ - 34.00$ 87.05$ 130.58$ 174.10$ -$ 01/01/2024 12/31/2024 30.33$ 3.0% 24.00$ - 34.00$ 89.66$ 134.49$ 179.33$ -$ 01/01/2025 12/31/2025 31.24$ 3.0% 24.00$ - 34.00$ 60.26$ 90.40$ 120.53$ -$ 01/01/2021 - 12/31/2021 21.00$ 0.0% 22.00$ - 26.00$ 62.07$ 93.11$ 124.15$ -$ 01/01/2022 12/31/2022 21.63$ 3.0% 22.00$ - 26.00$ 63.93$ 95.90$ 127.87$ -$ 01/01/2023 12/31/2023 22.28$ 3.0% 22.00$ - 26.00$ 65.85$ 98.78$ 131.71$ -$ 01/01/2024 12/31/2024 22.95$ 3.0% 22.00$ - 26.00$ 67.83$ 101.74$ 135.66$ -$ 01/01/2025 12/31/2025 23.64$ 3.0% 22.00$ - 26.00$ 62.07$ 93.11$ 124.15$ -$ 01/01/2021 - 12/31/2021 21.63$ 0.0% 22.00$ - 26.00$ 63.93$ 95.90$ 127.87$ -$ 01/01/2022 12/31/2022 22.28$ 3.0% 22.00$ - 26.00$ 65.85$ 98.78$ 131.71$ -$ 01/01/2023 12/31/2023 22.95$ 3.0% 22.00$ - 26.00$ 67.83$ 101.74$ 135.66$ -$ 01/01/2024 12/31/2024 23.64$ 3.0% 22.00$ - 26.00$ 69.86$ 104.80$ 139.73$ -$ 01/01/2025 12/31/2025 24.34$ 3.0% 22.00$ - 26.00$ 74.61$ 111.92$ 149.23$ -$ 01/01/2021 - 12/31/2021 26.00$ 0.0% 24.00$ - 34.00$ 76.85$ 115.28$ 153.70$ -$ 01/01/2022 12/31/2022 26.78$ 3.0% 24.00$ - 34.00$ 79.16$ 118.74$ 158.32$ -$ 01/01/2023 12/31/2023 27.58$ 3.0% 24.00$ - 34.00$ 81.53$ 122.30$ 163.06$ -$ 01/01/2024 12/31/2024 28.41$ 3.0% 24.00$ - 34.00$ 83.98$ 125.97$ 167.96$ -$ 01/01/2025 12/31/2025 29.26$ 3.0% 24.00$ - 34.00$ 74.61$ 111.92$ 149.23$ -$ 01/01/2021 - 12/31/2021 26.00$ 0.0% 24.00$ - 34.00$ 76.85$ 115.28$ 153.70$ -$ 01/01/2022 12/31/2022 26.78$ 3.0% 24.00$ - 34.00$ 79.16$ 118.74$ 158.32$ -$ 01/01/2023 12/31/2023 27.58$ 3.0% 24.00$ - 34.00$ 81.53$ 122.30$ 163.06$ -$ 01/01/2024 12/31/2024 28.41$ 3.0% 24.00$ - 34.00$ 83.98$ 125.97$ 167.96$ -$ 01/01/2025 12/31/2025 29.26$ 3.0% 24.00$ - 34.00$ 80.35$ 120.53$ 160.71$ -$ 01/01/2021 - 12/31/2021 28.00$ 0.0% 24.00$ - 34.00$ 82.76$ 124.15$ 165.53$ -$ 01/01/2022 12/31/2022 28.84$ 3.0% 24.00$ - 34.00$ 85.25$ 127.87$ 170.49$ -$ 01/01/2023 12/31/2023 29.71$ 3.0% 24.00$ - 34.00$ 87.80$ 131.71$ 175.61$ -$ 01/01/2024 12/31/2024 30.60$ 3.0% 24.00$ - 34.00$ 90.44$ 135.66$ 180.88$ -$ 01/01/2025 12/31/2025 31.51$ 3.0% 24.00$ - 34.00$ 80.35$ 120.53$ 160.71$ -$ 01/01/2021 - 12/31/2021 28.00$ 0.0% 24.00$ - 34.00$ 82.76$ 124.15$ 165.53$ -$ 01/01/2022 12/31/2022 28.84$ 3.0% 24.00$ - 34.00$ 85.25$ 127.87$ 170.49$ -$ 01/01/2023 12/31/2023 29.71$ 3.0% 24.00$ - 34.00$ 87.80$ 131.71$ 175.61$ -$ 01/01/2024 12/31/2024 30.60$ 3.0% 24.00$ - 34.00$ 90.44$ 135.66$ 180.88$ -$ 01/01/2025 12/31/2025 31.51$ 3.0% 24.00$ - 34.00$ 86.09$ 129.14$ 172.19$ -$ 01/01/2021 - 12/31/2021 30.00$ 0.0% 24.00$ - 34.00$ 88.68$ 133.01$ 177.35$ -$ 01/01/2022 12/31/2022 30.90$ 3.0% 24.00$ - 34.00$ 91.34$ 137.00$ 182.67$ -$ 01/01/2023 12/31/2023 31.83$ 3.0% 24.00$ - 34.00$ 94.08$ 141.11$ 188.15$ -$ 01/01/2024 12/31/2024 32.78$ 3.0% 24.00$ - 34.00$ 96.90$ 145.35$ 193.80$ -$ 01/01/2025 12/31/2025 33.77$ 3.0% 24.00$ - 34.00$ 86.09$ 129.14$ 172.19$ -$ 01/01/2021 - 12/31/2021 30.00$ 0.0% 24.00$ - 34.00$ 88.68$ 133.01$ 177.35$ -$ 01/01/2022 12/31/2022 30.90$ 3.0% 24.00$ - 34.00$ 91.34$ 137.00$ 182.67$ -$ 01/01/2023 12/31/2023 31.83$ 3.0% 24.00$ - 34.00$ 94.08$ 141.11$ 188.15$ -$ 01/01/2024 12/31/2024 32.78$ 3.0% 24.00$ - 34.00$ 96.90$ 145.35$ 193.80$ -$ 01/01/2025 12/31/2025 33.77$ 3.0% 24.00$ - 34.00$ 86.09$ 129.14$ 172.19$ -$ 01/01/2021 - 12/31/2021 30.00$ 0.0% 24.00$ - 34.00$ 88.68$ 133.01$ 177.35$ -$ 01/01/2022 12/31/2022 30.90$ 3.0% 24.00$ - 34.00$ 91.34$ 137.00$ 182.67$ -$ 01/01/2023 12/31/2023 31.83$ 3.0% 24.00$ - 34.00$ 94.08$ 141.11$ 188.15$ -$ 01/01/2024 12/31/2024 32.78$ 3.0% 24.00$ - 34.00$ 96.90$ 145.35$ 193.80$ -$ 01/01/2025 12/31/2025 33.77$ 3.0% 24.00$ - 34.00$

Jeff Cassidy, Field Tech

Albert Knight, Field Tech

Mike Ryan, Field Tech

Tony Kuhner, Field Tech

Jason Miller, Field Tech

Michael Stokes, Field tech

Lynne Tilden, APM

Sierra Coleman, Asst. Project Manager

Jake Puchalski, Project Coordinator

Chris Eljenhom, Project Coord.

Carrie Lambert, Field Tech

Molly Burdick-Whipp, PM

5.c

Packet Pg. 123

Att

ach

men

t: 2

0-10

0237

7 A

ttac

hm

ent

B (

6884

: A

war

d C

on

trac

t N

o. 2

0-10

0237

7 fo

r O

n-C

all E

nvi

ron

men

tal S

ervi

ces)


(Construction Engineering and Inspection Contracts)114.79$ 172.19$ 229.58$ -$ 01/01/2021 - 12/31/2021 40.00$ 0.0% 29.00$ - 43.00$ 118.23$ 177.35$ 236.47$ -$ 01/01/2022 12/31/2022 41.20$ 3.0% 29.00$ - 43.00$ 121.78$ 182.67$ 243.56$ -$ 01/01/2023 12/31/2023 42.44$ 3.0% 29.00$ - 43.00$ 125.43$ 188.15$ 250.87$ -$ 01/01/2024 12/31/2024 43.71$ 3.0% 29.00$ - 43.00$ 129.20$ 193.80$ 258.39$ -$ 01/01/2025 12/31/2025 45.02$ 3.0% 29.00$ - 43.00$

86.09$ 129.14$ 172.19$ -$ 01/01/2021 - 12/31/2021 30.00$ 0.0% 24.00$ - 34.00$ 88.68$ 133.01$ 177.35$ -$ 01/01/2022 12/31/2022 30.90$ 3.0% 24.00$ - 34.00$ 91.34$ 137.00$ 182.67$ -$ 01/01/2023 12/31/2023 31.83$ 3.0% 24.00$ - 34.00$ 94.08$ 141.11$ 188.15$ -$ 01/01/2024 12/31/2024 32.78$ 3.0% 24.00$ - 34.00$ 96.90$ 145.35$ 193.80$ -$ 01/01/2025 12/31/2025 33.77$ 3.0% 24.00$ - 34.00$

106.47$ 106.47$ 106.47$ -$ 01/01/2021 - 12/31/2021 37.10$ 0.0% 30.00$ - 40.00$ 109.66$ 109.66$ 109.66$ -$ 01/01/2022 12/31/2022 38.21$ 3.0% 30.00$ - 40.00$ 112.95$ 112.95$ 112.95$ -$ 01/01/2023 12/31/2023 39.36$ 3.0% 30.00$ - 40.00$ 116.34$ 116.34$ 116.34$ -$ 01/01/2024 12/31/2024 40.54$ 3.0% 29.00$ - 43.00$ 119.83$ 119.83$ 119.83$ -$ 01/01/2025 12/31/2025 41.76$ 3.0% 29.00$ - 43.00$ 103.48$ 103.48$ 103.48$ -$ 01/01/2021 - 12/31/2021 36.06$ 0.0% 30.00$ - 40.00$ 106.59$ 106.59$ 106.59$ -$ 01/01/2022 12/31/2022 37.14$ 3.0% 30.00$ - 40.00$ 109.79$ 109.79$ 109.79$ -$ 01/01/2023 12/31/2023 38.26$ 3.0% 30.00$ - 40.00$ 113.08$ 113.08$ 113.08$ -$ 01/01/2024 12/31/2024 39.40$ 3.0% 30.00$ - 40.00$ 116.47$ 116.47$ 116.47$ -$ 01/01/2025 12/31/2025 40.59$ 3.0% 30.00$ - 40.00$

80.35$ 80.35$ 80.35$ -$ 01/01/2021 - 12/31/2021 28.00$ 0.0% 24.00$ - 34.00$ 82.76$ 82.76$ 82.76$ -$ 01/01/2022 12/31/2022 28.84$ 3.0% 24.00$ - 34.00$ 85.25$ 85.25$ 85.25$ -$ 01/01/2023 12/31/2023 29.71$ 3.0% 24.00$ - 34.00$ 87.80$ 87.80$ 87.80$ -$ 01/01/2024 12/31/2024 30.60$ 3.0% 24.00$ - 34.00$ 90.44$ 90.44$ 90.44$ -$ 01/01/2025 12/31/2025 31.51$ 3.0% 24.00$ - 34.00$

Labor Total 0 -$

1. Names and classifications of consultant (key staff) team members must be listed. Provide separate sheets for prime and all subconsultant firms.2. Billing rate = actual hourly rate *(1+ICR) * (1+FEE). Agreed upon billing rates are not adjustable for the term of contract.3. For named employees enter the actual hourly rate. For classifications only, enter the average hourly rate for that classification.

Note:Denote all employees subject to prevailing wage with an asterisks (*)For "Other Direct Costs" listing, see page 2 of the Exhibit

Ben Scherzer, Archaeologist, Paleontologist

Hugh Wagner, Paleontologist

Steven Brierty, NA

Linda Bo, Production Coordinator

Shelly Bird, Senior Planner

5.c

Packet Pg. 124

Att

ach

men

t: 2

0-10

0237

7 A

ttac

hm

ent

B (

6884

: A

war

d C

on

trac

t N

o. 2

0-10

0237

7 fo

r O

n-C

all E

nvi

ron

men

tal S

ervi

ces)



Consultant or Subconsultant Contract No 20-1002377 Date 08/18/2020

Unit Unit Cost TotalA. 0.575$ -$ B. -$ C. -$ -$ D. -$ -$ E. -$ -$ F. -$ -$ G. -$ -$ TOTAL ODC's = -$

IMPORTANT NOTES:1. List direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentations.2. Proposed items should be consistently billed directly to all clients (Commercial entities, Federal Govt., State Govt., and Local Govt. Agency), and not just when the client will pay for them as a direct cost.3. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in overhead rate.4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice )5. Items listed above that would be considered "tools of the trade" are not reimbursable as other direct costs.6. Travel related costs should be pre-approved by the contracting agency. The rates should not exceed the State Department of Personnel Administration (DPA) requirements.7. If mileage is claimed, the rate should be supported by the consultants calculation of their actual costs for company vehicles. In addition, the claimed should be supported by mileage logs.8. If a consultant proposes rental costs for a vehicle, the company must demonstrate that this is their standard procedures for all of their contracts and that they do not own any vehicles that could be used for the same purpose.

SCHEDULE OF OTHER DIRECT COST ITEMS

VCS Environmental

Description of ItemsMileage-Adjusted to match yearly IRS rate for reimburseable mileagePrinting and Graphics Reproduction- Actuals at costPostage and Shipping-Actuals at costDrone Maintenance and Service

5.c

Packet Pg. 125

Att

ach

men

t: 2

0-10

0237

7 A

ttac

hm

ent

B (

6884

: A

war

d C

on

trac

t N

o. 2

0-10

0237

7 fo

r O

n-C

all E

nvi

ron

men

tal S

ervi

ces)



Consultant or Subconsultant Contract No. 20-1002377 Date 08/25/2020


0.00% 142.90%

FEE % =


0 205.66$ 0 308.50$ 0 411.33$ 0 -$ 01/01/2021 - 12/31/2021 84.67$ 0.0% -$ - -$ 0 211.83$ 0 317.75$ 0 423.67$ 0 -$ 01/01/2022 - 12/31/2022 87.21$ 3.0% -$ -$ 0 218.20$ 0 327.30$ 0 436.39$ 0 -$ 01/01/2023 - 12/31/2023 89.83$ 3.0% -$ -$ 0 224.73$ 0 337.10$ 0 449.46$ 0 -$ 01/01/2024 - 12/31/2024 92.52$ 3.0% -$ - -$ 0 231.48$ 0 347.23$ 0 462.97$ 0 -$ 01/01/2025 - 12/31/2025 95.30$ 3.0% -$ - -$ 0 102.02$ 0 153.03$ 0 204.04$ 0 -$ 01/01/2021 - 12/31/2021 42.00$ 0.0% 40.95$ - 43.05$ 0 105.08$ 0 157.62$ 0 210.16$ 0 -$ 01/01/2022 - 12/31/2022 43.26$ 3.0% 42.18$ - 44.34$ 0 108.24$ 0 162.35$ 0 216.47$ 0 -$ 01/01/2023 - 12/31/2023 44.56$ 3.0% 43.45$ - 45.67$ 0 111.47$ 0 167.20$ 0 222.93$ 0 -$ 01/01/2024 - 12/31/2024 45.89$ 3.0% 44.74$ - 47.04$ 0 114.82$ 0 172.23$ 0 229.64$ 0 -$ 01/01/2025 - 12/31/2025 47.27$ 3.0% 46.09$ - 48.45$ 0 89.87$ 0 134.81$ 0 179.75$ 0 -$ 01/01/2021 - 12/31/2021 37.00$ 0.0% 36.08$ - 37.93$ 0 92.57$ 0 138.85$ 0 185.14$ 0 -$ 01/01/2022 - 12/31/2022 38.11$ 3.0% 37.16$ - 39.06$ 0 95.34$ 0 143.01$ 0 190.68$ 0 -$ 01/01/2023 - 12/31/2023 39.25$ 3.0% 38.27$ - 40.23$ 0 98.20$ 0 147.31$ 0 196.41$ 0 -$ 01/01/2024 - 12/31/2024 40.43$ 3.0% 39.42$ - 41.44$ 0 101.14$ 0 151.72$ 0 202.29$ 0 -$ 01/01/2025 - 12/31/2025 41.64$ 3.0% 40.60$ - 42.68$ 0 77.73$ 0 116.59$ 0 155.46$ 0 -$ 01/01/2021 - 12/31/2021 32.00$ 0.0% 31.20$ - 32.80$ 0 80.06$ 0 120.09$ 0 160.12$ 0 -$ 01/01/2022 - 12/31/2022 32.96$ 3.0% 32.14$ - 33.78$ 0 82.46$ 0 123.70$ 0 164.93$ 0 -$ 01/01/2023 - 12/31/2023 33.95$ 3.0% 33.10$ - 34.80$ 0 84.94$ 0 127.41$ 0 169.88$ 0 -$ 01/01/2024 - 12/31/2024 34.97$ 3.0% 34.09$ - 35.84$ 0 87.49$ 0 131.24$ 0 174.99$ 0 -$ 01/01/2025 - 12/31/2025 36.02$ 3.0% 35.12$ - 36.92$

Labor Total 0 -$



142.90%

9.00%

Name/ Job Title/ Classification Hours and Billing Rates Total Hours Total CostActual or Avg

hourly rate% or $

increaseHourly range- for classification only

Farshad Farhang, Principal

Acoustical Technician

CAD Technician

Administrative

A/E Tech LLC

0.00%

5.c

Packet Pg. 126

Att

ach

men

t: 2

0-10

0237

7 A

ttac

hm

ent

B (

6884

: A

war

d C

on

trac

t N

o. 2

0-10

0237

7 fo

r O

n-C

all E

nvi

ron

men

tal S

ervi

ces)




Unit Unit Cost TotalA. Noise/Vibration Equipment Recovery (daily) 0 150.00$ -$ B. Noise/Vibration Equipment Recovery (weekly) 0 700.00$ -$ C. 0 -$ -$ D. 0 -$ -$ E. 0 -$ -$ F. 0 -$ -$ G. 0 -$ -$ TOTAL ODC's = -$


A/E Tech LLC

SCHEDULE OF OTHER DIRECT COST ITEMSDescription of Items

Mileage cost per standard IRS mileage rate effective at time of work performance

5.c

Packet Pg. 127

Att

ach

men

t: 2

0-10

0237

7 A

ttac

hm

ent

B (

6884

: A

war

d C

on

trac

t N

o. 2

0-10

0237

7 fo

r O

n-C

all E

nvi

ron

men

tal S

ervi

ces)



Consultant or Subconsultant Contract No. 20-1002377 Date #########


126.73%

FEE % =

Effective date of hourly rateStraight Hrs Straight Rate Straight Rate Plus 9% Fee OT Hrs (1.5x) OT Rate (1.5x) OT Hrs (2x) OT Rate (2x) From To

0 108.83$ 118.63$ 0 0 0 -$ 01/01/2021 - 12/31/2021 48.00$ 0.3% -$ - -$ 0 112.10$ 122.18$ 0 0 0 -$ 01/01/2022 - 12/31/2022 49.44$ 0.3% -$ - -$ 0 115.45$ 125.84$ 0 0 0 -$ 01/01/2023 - 12/31/2023 50.92$ 0.3% -$ - -$ 0 118.91$ 129.62$ 0 0 0 -$ 01/01/2024 - 12/31/2024 52.45$ 0.3% -$ - -$ 0 122.48$ 133.51$ 0 0 0 -$ 01/01/2025 - 12/31/2025 54.02$ 0.3% -$ - -$ 0 76.18$ 83.04$ 0 0 0 -$ 01/01/2021 - 12/31/2021 33.60$ 0.3% -$ - -$ 0 78.47$ 85.53$ 0 0 0 -$ 01/01/2022 - 12/31/2022 34.61$ 0.3% -$ - -$ 0 80.83$ 88.10$ 0 0 0 -$ 01/01/2023 - 12/31/2023 35.65$ 0.3% -$ - -$ 0 83.25$ 90.75$ 0 0 0 -$ 01/01/2024 - 12/31/2024 36.72$ 0.3% -$ - -$ 0 85.75$ 93.47$ 0 0 0 -$ 01/01/2025 - 12/31/2025 37.82$ 0.3% -$ - -$

Labor Total 0 -$



Hourly range- for classification only

Jay Schneider

Scott Williams

Atlas

0.00% 126.73%

9.00%


hourly rate% or $

increase

5.c

Packet Pg. 128

Att

ach

men

t: 2

0-10

0237

7 A

ttac

hm

ent

B (

6884

: A

war

d C

on

trac

t N

o. 2

0-10

0237

7 fo

r O

n-C

all E

nvi

ron

men

tal S

ervi

ces)




Unit Unit Cost TotalA. -$ B. -$ C. 0 -$ -$ D. 0 -$ -$ E. 0 -$ -$ F. 0 -$ -$ G. 0 -$ -$ TOTAL ODC's = -$


Atlas


5.c

Packet Pg. 129

Att

ach

men

t: 2

0-10

0237

7 A

ttac

hm

ent

B (

6884

: A

war

d C

on

trac

t N

o. 2

0-10

0237

7 fo

r O

n-C

all E

nvi

ron

men

tal S

ervi

ces)





FEE % =


0 215.00$ 0 322.50$ 0 430.00$ 0 -$ 01/01/2021 - 12/31/2021 215.00$ 0.0% -$ - -$ 0 221.45$ 0 332.18$ 0 442.90$ 0 -$ 01/01/2022 - 12/31/2022 221.45$ 3.0% -$ - -$ 0 228.09$ 0 342.14$ 0 456.19$ 0 -$ 01/01/2023 - 12/31/2023 228.09$ 3.0% -$ - -$ 0 234.94$ 0 352.40$ 0 469.87$ 0 -$ 01/01/2024 - 12/31/2024 234.94$ 3.0% -$ - -$ 0 241.98$ 0 362.98$ 0 483.97$ 0 -$ 01/01/2025 - 12/31/2025 241.98$ 3.0% -$ - -$ 0 160.00$ 0 240.00$ 0 320.00$ 0 -$ 01/01/2021 - 12/31/2021 160.00$ 0.0% -$ - -$ 0 164.80$ 0 247.20$ 0 329.60$ 0 -$ 01/01/2022 - 12/31/2022 164.80$ 3.0% -$ - -$ 0 169.74$ 0 254.62$ 0 339.49$ 0 -$ 01/01/2023 - 12/31/2023 169.74$ 3.0% -$ - -$ 0 174.84$ 0 262.25$ 0 349.67$ 0 -$ 01/01/2024 - 12/31/2024 174.84$ 3.0% -$ - -$ 0 180.08$ 0 270.12$ 0 360.16$ 0 -$ 01/01/2025 - 12/31/2025 180.08$ 3.0% -$ - -$ 0 85.00$ 0 127.50$ 0 170.00$ 0 -$ 01/01/2021 - 12/31/2021 85.00$ 0.0% -$ - -$ 0 87.55$ 0 131.33$ 0 175.10$ 0 -$ 01/01/2022 - 12/31/2022 87.55$ 3.0% -$ - -$ 0 90.18$ 0 135.26$ 0 180.35$ 0 -$ 01/01/2023 - 12/31/2023 90.18$ 3.0% -$ - -$ 0 92.88$ 0 139.32$ 0 185.76$ 0 -$ 01/01/2024 - 12/31/2024 92.88$ 3.0% -$ - -$ 0 95.67$ 0 143.50$ 0 191.34$ 0 -$ 01/01/2025 - 12/31/2025 95.67$ 3.0% -$ - -$

Labor Total 0 -$




Bob ClarkSenior Principal

Jonathan DenlerSenior Associate

Chris SisonDesign Draftsperson


0.00% 0.00%

9.00%


% or $ increase

5.c

Packet Pg. 130

Att

ach

men

t: 2

0-10

0237

7 A

ttac

hm

ent

B (

6884

: A

war

d C

on

trac

t N

o. 2

0-10

0237

7 fo

r O

n-C

all E

nvi

ron

men

tal S

ervi

ces)




Unit Unit Cost TotalA. 0.575$ -$ B.C.D.E.F.G. TOTAL ODC's = -$




Mileage- at standard IRS rate for reimburseable mileage

5.c

Packet Pg. 131

Att

ach

men

t: 2

0-10

0237

7 A

ttac

hm

ent

B (

6884

: A

war

d C

on

trac

t N

o. 2

0-10

0237

7 fo

r O

n-C

all E

nvi

ron

men

tal S

ervi

ces)



Consultant or Subconsultant Contract No. 20-1002377 Date #########


56.30% 102.90%

FEE % =


0 257.13$ 0 257.13$ 0 257.13$ 0 -$ 01/01/2021 - 12/31/2021 91.01$ 0.0% -$ - -$ 0 264.84$ 0 264.84$ 0 257.13$ 0 -$ 01/01/2022 - 12/31/2022 93.74$ 3.0% -$ - -$ 0 272.79$ 0 272.79$ 0 257.13$ 0 -$ 01/01/2023 - 12/31/2023 96.55$ 3.0% -$ - -$ 0 280.97$ 0 280.97$ 0 257.13$ 0 -$ 01/01/2024 - 12/31/2024 99.45$ 3.0% -$ - -$ 0 289.40$ 0 289.40$ 0 257.13$ 0 -$ 01/01/2025 - 12/31/2025 102.43$ 3.0% -$ - -$ 0 210.54$ 0 210.54$ 0 210.54$ 0 -$ 01/01/2021 - 12/31/2021 74.52$ 0.0%0 216.86$ 0 216.86$ 0 257.13$ 0 -$ 01/01/2022 - 12/31/2022 76.76$ 3.0% -$ - -$ 0 223.36$ 0 223.36$ 0 257.13$ 0 -$ 01/01/2023 - 12/31/2023 79.06$ 3.0% -$ - -$ 0 230.06$ 0 230.06$ 0 257.13$ 0 -$ 01/01/2024 - 12/31/2024 81.43$ 3.0% -$ - -$ 0 236.96$ 0 236.96$ 0 257.13$ 0 -$ 01/01/2025 - 12/31/2025 83.87$ 3.0% -$ - -$ 0 214.33$ 0 214.33$ 0 214.33$ 0 -$ 01/01/2021 - 12/31/2021 75.86$ 0.0%0 220.76$ 0 220.76$ 0 257.13$ 0 -$ 01/01/2022 - 12/31/2022 78.14$ 3.0% -$ - -$ 0 227.38$ 0 227.38$ 0 257.13$ 0 -$ 01/01/2023 - 12/31/2023 80.48$ 3.0% -$ - -$ 0 234.20$ 0 234.20$ 0 257.13$ 0 -$ 01/01/2024 - 12/31/2024 82.89$ 3.0% -$ - -$ 0 241.23$ 0 241.23$ 0 257.13$ 0 -$ 01/01/2025 - 12/31/2025 85.38$ 3.0% -$ - -$ 0 187.46$ 0 187.46$ 0 187.46$ 0 -$ 01/01/2021 - 12/31/2021 66.35$ 0.0%0 193.08$ 0 193.08$ 0 257.13$ 0 -$ 01/01/2022 - 12/31/2022 68.34$ 3.0% -$ - -$ 0 198.87$ 0 198.87$ 0 257.13$ 0 -$ 01/01/2023 - 12/31/2023 70.39$ 3.0% -$ - -$ 0 204.84$ 0 204.84$ 0 257.13$ 0 -$ 01/01/2024 - 12/31/2024 72.50$ 3.0% -$ - -$ 0 210.98$ 0 210.98$ 0 257.13$ 0 -$ 01/01/2025 - 12/31/2025 74.68$ 3.0% -$ - -$ 0 170.56$ 0 170.56$ 0 170.56$ 0 -$ 01/01/2021 - 12/31/2021 60.37$ 0.0% -0 175.68$ 0 175.68$ 0 257.13$ 0 -$ 01/01/2022 - 12/31/2022 62.18$ 3.0% -$ - -$ 0 180.95$ 0 180.95$ 0 257.13$ 0 -$ 01/01/2023 - 12/31/2023 64.05$ 3.0% -$ - -$ 0 186.38$ 0 186.38$ 0 257.13$ 0 -$ 01/01/2024 - 12/31/2024 65.97$ 3.0% -$ - -$ 0 191.97$ 0 191.97$ 0 257.13$ 0 -$ 01/01/2025 - 12/31/2025 67.95$ 3.0% -$ - -$ 0 156.21$ 0 156.21$ 0 156.21$ 0 -$ 01/01/2021 - 12/31/2021 55.29$ 0.0% -0 160.90$ 0 160.90$ 0 257.13$ 0 -$ 01/01/2022 - 12/31/2022 56.95$ 3.0% -$ - -$ 0 165.72$ 0 165.72$ 0 257.13$ 0 -$ 01/01/2023 - 12/31/2023 58.66$ 3.0% -$ - -$ 0 170.69$ 0 170.69$ 0 257.13$ 0 -$ 01/01/2024 - 12/31/2024 60.42$ 3.0% -$ - -$ 0 175.82$ 0 175.82$ 0 257.13$ 0 -$ 01/01/2025 - 12/31/2025 62.23$ 3.0% -$ - -$ 0 152.14$ 0 152.14$ 0 152.14$ 0 -$ 01/01/2021 - 12/31/2021 53.85$ 0.0% -0 156.71$ 0 156.71$ 0 257.13$ 0 -$ 01/01/2022 - 12/31/2022 55.47$ 3.0% -$ - -$ 0 161.41$ 0 161.41$ 0 257.13$ 0 -$ 01/01/2023 - 12/31/2023 57.13$ 3.0% -$ - -$ 0 166.25$ 0 166.25$ 0 257.13$ 0 -$ 01/01/2024 - 12/31/2024 58.84$ 3.0% -$ - -$ 0 171.24$ 0 171.24$ 0 257.13$ 0 -$ 01/01/2025 - 12/31/2025 60.61$ 3.0% -$ - -$ 0 149.43$ 0 149.43$ 0 149.43$ 0 -$ 01/01/2021 - 12/31/2021 52.89$ 0.0% -0 153.91$ 0 153.91$ 0 257.13$ 0 -$ 01/01/2022 - 12/31/2022 54.48$ 3.0% -$ - -$ 0 158.53$ 0 158.53$ 0 257.13$ 0 -$ 01/01/2023 - 12/31/2023 56.11$ 3.0% -$ - -$ 0 163.29$ 0 163.29$ 0 257.13$ 0 -$ 01/01/2024 - 12/31/2024 57.79$ 3.0% -$ - -$ 0 168.18$ 0 168.18$ 0 257.13$ 0 -$ 01/01/2025 - 12/31/2025 59.53$ 3.0% -$ - -$

Jerry Sherman - Associate Scientist

Group Delta Consultants, Inc.

0.00% 159.20%

9.00%


hourly rate% or $


Glenn Burks - Principal Engineer

Michael Cassidy - Principal Geologist

Brian Dean - Associate Engineer

Jack Packwood - Associate Scientist

Kirk Hopka - Senior Scientist

Alycia McCord - Senior Geologist

Terry Otis - Senior Geologist

5.c

Packet Pg. 132

Att

ach

men

t: 2

0-10

0237

7 A

ttac

hm

ent

B (

6884

: A

war

d C

on

trac

t N

o. 2

0-10

0237

7 fo

r O

n-C

all E

nvi

ron

men

tal S

ervi

ces)


(Construction Engineering and Inspection Contracts)0 141.26$ 0 141.26$ 0 141.26$ 0 -$ 01/01/2021 - 12/31/2021 50.00$ 0.0% -0 145.50$ 0 145.50$ 0 257.13$ 0 -$ 01/01/2022 - 12/31/2022 51.50$ 3.0% -$ - -$ 0 149.87$ 0 149.87$ 0 257.13$ 0 -$ 01/01/2023 - 12/31/2023 53.05$ 3.0% -$ - -$ 0 154.36$ 0 154.36$ 0 257.13$ 0 -$ 01/01/2024 - 12/31/2024 54.64$ 3.0% -$ - -$ 0 158.99$ 0 158.99$ 0 257.13$ 0 -$ 01/01/2025 - 12/31/2025 56.28$ 3.0% -$ - -$ 0 115.47$ 0 115.47$ 0 115.47$ 0 -$ 01/01/2021 - 12/31/2021 40.87$ 0.0% -0 118.93$ 0 118.93$ 0 257.13$ 0 -$ 01/01/2022 - 12/31/2022 42.10$ 3.0% -$ - -$ 0 122.50$ 0 122.50$ 0 257.13$ 0 -$ 01/01/2023 - 12/31/2023 43.36$ 3.0% -$ - -$ 0 126.18$ 0 126.18$ 0 257.13$ 0 -$ 01/01/2024 - 12/31/2024 44.66$ 3.0% -$ - -$ 0 129.96$ 0 129.96$ 0 257.13$ 0 -$ 01/01/2025 - 12/31/2025 46.00$ 3.0% -$ - -$ 0 101.88$ 0 101.88$ 0 101.88$ 0 -$ 01/01/2021 - 12/31/2021 36.06$ 0.0% -0 104.94$ 0 104.94$ 0 257.13$ 0 -$ 01/01/2022 - 12/31/2022 37.14$ 3.0% -$ - -$ 0 108.08$ 0 108.08$ 0 257.13$ 0 -$ 01/01/2023 - 12/31/2023 38.26$ 3.0% -$ - -$ 0 111.33$ 0 111.33$ 0 257.13$ 0 -$ 01/01/2024 - 12/31/2024 39.40$ 3.0% -$ - -$ 0 114.67$ 0 114.67$ 0 257.13$ 0 -$ 01/01/2025 - 12/31/2025 40.59$ 3.0% -$ - -$ 0 101.88$ 0 101.88$ 0 101.88$ 0 -$ 01/01/2021 - 12/31/2021 36.06$ 0.0% -0 104.94$ 0 104.94$ 0 257.13$ 0 -$ 01/01/2022 - 12/31/2022 37.14$ 3.0% -$ - -$ 0 108.08$ 0 108.08$ 0 257.13$ 0 -$ 01/01/2023 - 12/31/2023 38.26$ 3.0% -$ - -$ 0 111.33$ 0 111.33$ 0 257.13$ 0 -$ 01/01/2024 - 12/31/2024 39.40$ 3.0% -$ - -$ 0 114.67$ 0 114.67$ 0 257.13$ 0 -$ 01/01/2025 - 12/31/2025 40.59$ 3.0% -$ - -$ 0 92.39$ 0 92.39$ 0 92.39$ 0 -$ 01/01/2021 - 12/31/2021 32.70$ 0.0% -0 95.16$ 0 95.16$ 0 257.13$ 0 -$ 01/01/2022 - 12/31/2022 33.68$ 3.0% -$ - -$ 0 98.01$ 0 98.01$ 0 257.13$ 0 -$ 01/01/2023 - 12/31/2023 34.69$ 3.0% -$ - -$ 0 100.95$ 0 100.95$ 0 257.13$ 0 -$ 01/01/2024 - 12/31/2024 35.73$ 3.0% -$ - -$ 0 103.98$ 0 103.98$ 0 257.13$ 0 -$ 01/01/2025 - 12/31/2025 36.80$ 3.0% -$ - -$ 0 76.28$ 0 76.28$ 0 76.28$ 0 -$ 01/01/2021 - 12/31/2021 27.00$ 0.0% -0 78.57$ 0 78.57$ 0 257.13$ 0 -$ 01/01/2022 - 12/31/2022 27.81$ 3.0% -$ - -$ 0 80.93$ 0 80.93$ 0 257.13$ 0 -$ 01/01/2023 - 12/31/2023 28.64$ 3.0% -$ - -$ 0 83.36$ 0 83.36$ 0 257.13$ 0 -$ 01/01/2024 - 12/31/2024 29.50$ 3.0% -$ - -$ 0 85.86$ 0 85.86$ 0 257.13$ 0 -$ 01/01/2025 - 12/31/2025 30.39$ 3.0% -$ - -$ 0 113.01$ 0 169.52$ 0 226.02$ 0 -$ 01/01/2021 - 12/31/2021 40.00$ 0.0% -0 116.40$ 0 174.60$ 0 232.80$ 0 -$ 01/01/2022 - 12/31/2022 41.20$ 3.0% -$ - -$ 0 119.89$ 0 179.84$ 0 239.79$ 0 -$ 01/01/2023 - 12/31/2023 42.44$ 3.0% -$ - -$ 0 123.49$ 0 185.24$ 0 246.98$ 0 -$ 01/01/2024 - 12/31/2024 43.71$ 3.0% -$ - -$ 0 127.20$ 0 190.79$ 0 254.39$ 0 -$ 01/01/2025 - 12/31/2025 45.02$ 3.0% -$ - -$ 0 98.88$ 0 148.33$ 0 197.77$ 0 -$ 01/01/2021 - 12/31/2021 35.00$ 0.0% -0 101.85$ 0 152.78$ 0 203.70$ 0 -$ 01/01/2022 - 12/31/2022 36.05$ 3.0% -$ - -$ 0 104.91$ 0 157.36$ 0 209.81$ 0 -$ 01/01/2023 - 12/31/2023 37.13$ 3.0% -$ - -$ 0 108.05$ 0 162.08$ 0 216.11$ 0 -$ 01/01/2024 - 12/31/2024 38.25$ 3.0% -$ - -$ 0 111.30$ 0 166.94$ 0 222.59$ 0 -$ 01/01/2025 - 12/31/2025 39.39$ 3.0% -$ - -$ 0 93.23$ 0 139.85$ 0 186.47$ 0 -$ 01/01/2021 - 12/31/2021 33.00$ 0.0% -0 96.03$ 0 144.05$ 0 192.06$ 0 -$ 01/01/2022 - 12/31/2022 33.99$ 3.0% -$ - -$ 0 98.91$ 0 148.37$ 0 197.82$ 0 -$ 01/01/2023 - 12/31/2023 35.01$ 3.0% -$ - -$ 0 101.88$ 0 152.82$ 0 203.76$ 0 -$ 01/01/2024 - 12/31/2024 36.06$ 3.0% -$ - -$ 0 104.94$ 0 157.40$ 0 209.87$ 0 -$ 01/01/2025 - 12/31/2025 37.14$ 3.0% -$ - -$

Labor Total 0 -$



Michal Toomey - Technician

Devina Horvath - Project Geologist

Alexandre Santini - Project Engineer

Laura Botzong - Project Scientist

Jonathan Lopez - Staff Engineer

Roxana Garcia - Staff Geologist

Natalia Delgadillo - Staff Engineer

Konrad Fernandes - Drafting

Bridgett Hamershock - Project/Technical Support

5.c

Packet Pg. 133

Att

ach

men

t: 2

0-10

0237

7 A

ttac

hm

ent

B (

6884

: A

war

d C

on

trac

t N

o. 2

0-10

0237

7 fo

r O

n-C

all E

nvi

ron

men

tal S

ervi

ces)




Unit Unit Cost TotalA. 0.575$ -$ B. -$ C. 0 -$ -$ D. 0 -$ -$ E. 0 -$ -$ F. 0 -$ -$ G. 0 -$ -$ TOTAL ODC's = -$


Group Delta


Mileage at IRS approved rate

5.c

Packet Pg. 134

Att

ach

men

t: 2

0-10

0237

7 A

ttac

hm

ent

B (

6884

: A

war

d C

on

trac

t N

o. 2

0-10

0237

7 fo

r O

n-C

all E

nvi

ron

men

tal S

ervi

ces)





12.00% 13.20%

FEE % =


0 160.35$ 0 240.52$ 0 320.70$ 0 -$ 01/01/2020 12/31/2020 117.50$ 0.0% -$ - -$ 0 165.13$ 0 247.69$ 0 330.25$ 0 -$ 01/01/2021 - 12/31/2021 121.00$ 3.0% -$ - -$ 0 170.59$ 0 255.88$ 0 341.17$ 0 -$ 01/01/2022 - 12/31/2022 125.00$ 3.3% -$ - -$ 0 175.36$ 0 263.04$ 0 350.72$ 0 -$ 01/01/2023 - 12/31/2023 128.50$ 2.8% -$ - -$ 0 180.14$ 0 270.21$ 0 360.28$ 0 -$ 01/01/2024 - 12/31/2024 132.00$ 2.7% -$ - -$

Labor Total 0 -$




Project Manager

iLanco Environmental, LLC

0.00% 25.20%

9.00%


% or $ increase

5.c

Packet Pg. 135

Att

ach

men

t: 2

0-10

0237

7 A

ttac

hm

ent

B (

6884

: A

war

d C

on

trac

t N

o. 2

0-10

0237

7 fo

r O

n-C

all E

nvi

ron

men

tal S

ervi

ces)




Unit Unit Cost TotalA. 0.575$ -$ B. -$ C. 0 -$ -$ D. 0 -$ -$ E. 0 -$ -$ F. 0 -$ -$ G. 0 -$ -$ TOTAL ODC's = -$


iLanco


Mileage- at standard IRS rate for reimburseable mileage

5.c

Packet Pg. 136

Att

ach

men

t: 2

0-10

0237

7 A

ttac

hm

ent

B (

6884

: A

war

d C

on

trac

t N

o. 2

0-10

0237

7 fo

r O

n-C

all E

nvi

ron

men

tal S

ervi

ces)



Consultant or Subconsultant Contract No. RFP 20-1002377 Date 08/25/2020


12.00% 110.00%

FEE % =


0 142.36$ 0 213.54$ 0 284.72$ 0 -$ 01/01/2021 - 12/31/2021 49.85$ 0.0% -$ - -$ 0 146.65$ 0 219.97$ 0 293.29$ 0 -$ 01/01/2022 - 12/31/2022 51.35$ 3.0% -$ - -$ 0 151.04$ 0 226.56$ 0 302.09$ 0 -$ 01/01/2023 - 12/31/2023 52.89$ 3.0% -$ - -$ 0 155.58$ 0 233.38$ 0 311.17$ 0 -$ 01/01/2024 - 12/31/2024 54.48$ 3.0% -$ - -$ 0 160.24$ 0 240.36$ 0 320.48$ 0 -$ 01/01/2025 - 12/31/2025 56.11$ 3.0% -$ - -$ 0 174.03$ 0 261.05$ 0 348.06$ 0 -$ 01/01/2021 - 12/31/2021 60.94$ 0.0% -$ - -$ 0 180.17$ 0 270.26$ 0 360.34$ 0 -$ 01/01/2022 - 12/31/2022 63.09$ 3.5% -$ - -$ 0 185.74$ 0 278.61$ 0 371.48$ 0 -$ 01/01/2023 - 12/31/2023 65.04$ 3.1% -$ - -$ 0 191.31$ 0 286.97$ 0 382.62$ 0 -$ 01/01/2024 - 12/31/2024 66.99$ 3.0% -$ - -$ 0 196.88$ 0 295.32$ 0 393.76$ 0 -$ 01/01/2025 - 12/31/2025 68.94$ 2.9% -$ - -$ 0 165.47$ 0 248.20$ 0 330.93$ 0 -$ 01/01/2021 - 12/31/2021 57.94$ 0.0% -$ - -$ 0 171.61$ 0 257.41$ 0 343.21$ 0 -$ 01/01/2022 - 12/31/2022 60.09$ 3.7% -$ - -$ 0 177.17$ 0 265.76$ 0 354.35$ 0 -$ 01/01/2023 - 12/31/2023 62.04$ 3.2% -$ - -$ 0 182.74$ 0 274.11$ 0 365.49$ 0 -$ 01/01/2024 - 12/31/2024 63.99$ 3.1% -$ - -$ 0 188.31$ 0 282.47$ 0 376.62$ 0 -$ 01/01/2025 - 12/31/2025 65.94$ 3.0% -$ - -$ 0 168.61$ 0 252.91$ 0 337.21$ 0 -$ 01/01/2021 - 12/31/2021 59.04$ 0.0% -$ - -$ 0 174.75$ 0 262.12$ 0 349.49$ 0 -$ 01/01/2022 - 12/31/2022 61.19$ 3.6% -$ - -$ 0 180.32$ 0 270.47$ 0 360.63$ 0 -$ 01/01/2023 - 12/31/2023 63.14$ 3.2% -$ - -$ 0 185.88$ 0 278.83$ 0 371.77$ 0 -$ 01/01/2024 - 12/31/2024 65.09$ 3.1% -$ - -$ 0 191.45$ 0 287.18$ 0 382.91$ 0 -$ 01/01/2025 - 12/31/2025 67.04$ 3.0% -$ - -$ 0 73.48$ 0 110.22$ 0 146.96$ 0 -$ 01/01/2021 - 12/31/2021 25.73$ 0.0% -$ - -$ 0 75.68$ 0 113.53$ 0 151.37$ 0 -$ 01/01/2022 - 12/31/2022 26.50$ 3.0% -$ - -$ 0 77.95$ 0 116.93$ 0 155.91$ 0 -$ 01/01/2023 - 12/31/2023 27.30$ 3.0% -$ - -$ 0 80.29$ 0 120.44$ 0 160.59$ 0 -$ 01/01/2024 - 12/31/2024 28.12$ 3.0% -$ - -$ 0 82.70$ 0 124.05$ 0 165.40$ 0 -$ 01/01/2025 - 12/31/2025 28.96$ 3.0% -$ - -$ 0 200.22$ 0 300.33$ 0 400.44$ 0 -$ 01/01/2021 - 12/31/2021 70.11$ 0.0% -$ - -$ 0 207.22$ 0 310.83$ 0 414.43$ 0 -$ 01/01/2022 - 12/31/2022 72.56$ 3.5% -$ - -$ 0 209.79$ 0 314.69$ 0 419.58$ 0 -$ 01/01/2023 - 12/31/2023 73.46$ 1.2% -$ - -$ 0 212.42$ 0 318.62$ 0 424.83$ 0 -$ 01/01/2024 - 12/31/2024 74.38$ 1.3% -$ - -$ 0 215.09$ 0 322.64$ 0 430.19$ 0 -$ 01/01/2025 - 12/31/2025 75.32$ 1.3% -$ - -$ 0 85.67$ 0 128.51$ 0 171.35$ 0 -$ 01/01/2021 - 12/31/2021 30.00$ 0.0% -$ - -$ 0 88.24$ 0 132.37$ 0 176.49$ 0 -$ 01/01/2022 - 12/31/2022 30.90$ 3.0% -$ - -$ 0 90.89$ 0 136.34$ 0 181.78$ 0 -$ 01/01/2023 - 12/31/2023 31.83$ 3.0% -$ - -$ 0 93.62$ 0 140.43$ 0 187.24$ 0 -$ 01/01/2024 - 12/31/2024 32.78$ 3.0% -$ - -$ 0 96.43$ 0 144.64$ 0 192.85$ 0 -$ 01/01/2025 - 12/31/2025 33.77$ 3.0% -$ - -$ 0 74.25$ 0 111.38$ 0 148.50$ 0 -$ 01/01/2021 - 12/31/2021 26.00$ 0.0% -$ - -$ 0 76.48$ 0 114.72$ 0 152.96$ 0 -$ 01/01/2022 - 12/31/2022 26.78$ 3.0% -$ - -$ 0 78.77$ 0 118.16$ 0 157.55$ 0 -$ 01/01/2023 - 12/31/2023 27.58$ 3.0% -$ - -$ 0 81.14$ 0 121.70$ 0 162.27$ 0 -$ 01/01/2024 - 12/31/2024 28.41$ 3.0% -$ - -$ 0 83.57$ 0 125.35$ 0 167.14$ 0 -$ 01/01/2025 - 12/31/2025 29.26$ 3.0% -$ - -$

Landscape/Irrigation Tender*

Natures Image, Inc.

40.00% 162.00%

9.00%


hourly rate% or $


Project Manager

Landscape/Irrigation Senior Foreman*

Landscape/Irrigation Laborer*

Landscape/Irrigation Hydroseeder*

Landscape Operating Engineer*

Landscape Maintenance Senior Foreman*

Landscape Maintenance Foreman/Driver*

5.c

Packet Pg. 137

Att

ach

men

t: 2

0-10

0237

7 A

ttac

hm

ent

B (

6884

: A

war

d C

on

trac

t N

o. 2

0-10

0237

7 fo

r O

n-C

all E

nvi

ron

men

tal S

ervi

ces)


(Construction Engineering and Inspection Contracts)0 59.97$ 0 89.96$ 0 119.94$ 0 -$ 01/01/2021 - 12/31/2021 21.00$ 0.0% -$ - -$ 0 61.77$ 0 92.66$ 0 123.54$ 0 -$ 01/01/2022 - 12/31/2022 21.63$ 3.0% -$ - -$ 0 63.62$ 0 95.44$ 0 127.25$ 0 -$ 01/01/2023 - 12/31/2023 22.28$ 3.0% -$ - -$ 0 65.53$ 0 98.30$ 0 131.07$ 0 -$ 01/01/2024 - 12/31/2024 22.95$ 3.0% -$ - -$ 0 67.50$ 0 101.25$ 0 135.00$ 0 -$ 01/01/2025 - 12/31/2025 23.64$ 3.0% -$ - -$ 0 188.23$ 0 282.34$ 0 376.45$ 0 -$ 01/01/2021 - 12/31/2021 65.91$ 0.0% -$ - -$ 0 188.23$ 0 282.34$ 0 376.45$ 0 -$ 01/01/2022 - 12/31/2022 65.91$ 0.0% -$ - -$ 0 192.21$ 0 288.31$ 0 384.42$ 0 -$ 01/01/2023 - 12/31/2023 67.30$ 2.1% -$ - -$ 0 195.32$ 0 292.97$ 0 390.63$ 0 -$ 01/01/2024 - 12/31/2024 68.39$ 1.6% -$ - -$ 0 198.52$ 0 297.77$ 0 397.03$ 0 -$ 01/01/2025 - 12/31/2025 69.51$ 1.6% -$ - -$ 0 178.72$ 0 268.07$ 0 357.43$ 0 -$ 01/01/2021 - 12/31/2021 62.58$ 0.0% -$ - -$ 0 178.72$ 0 268.07$ 0 357.43$ 0 -$ 01/01/2022 - 12/31/2022 62.58$ 0.0% -$ - -$ 0 183.18$ 0 274.77$ 0 366.36$ 0 -$ 01/01/2023 - 12/31/2023 64.14$ 2.5% -$ - -$ 0 187.83$ 0 281.74$ 0 375.65$ 0 -$ 01/01/2024 - 12/31/2024 65.77$ 2.5% -$ - -$ 0 192.65$ 0 288.98$ 0 385.31$ 0 -$ 01/01/2025 - 12/31/2025 67.46$ 2.6% -$ - -$ 0 88.02$ 0 132.02$ 0 176.03$ 0 -$ 01/01/2021 - 12/31/2021 30.82$ 0.0% -$ - -$ 0 92.01$ 0 138.02$ 0 184.03$ 0 -$ 01/01/2022 - 12/31/2022 32.22$ 4.5% -$ - -$ 0 96.30$ 0 144.45$ 0 192.60$ 0 -$ 01/01/2023 - 12/31/2023 33.72$ 4.7% -$ - -$ 0 100.58$ 0 150.87$ 0 201.16$ 0 -$ 01/01/2024 - 12/31/2024 35.22$ 4.4% -$ - -$ 0 105.15$ 0 157.73$ 0 210.30$ 0 -$ 01/01/2025 - 12/31/2025 36.82$ 4.5% -$ - -$ 0 81.73$ 0 122.60$ 0 163.47$ 0 -$ 01/01/2021 - 12/31/2021 28.62$ 0.0% -$ - -$ 0 85.73$ 0 128.60$ 0 171.46$ 0 -$ 01/01/2022 - 12/31/2022 30.02$ 4.9% -$ - -$ 0 90.01$ 0 135.02$ 0 180.03$ 0 -$ 01/01/2023 - 12/31/2023 31.52$ 5.0% -$ - -$ 0 94.30$ 0 141.45$ 0 188.60$ 0 -$ 01/01/2024 - 12/31/2024 33.02$ 4.8% -$ - -$ 0 98.87$ 0 148.30$ 0 197.74$ 0 -$ 01/01/2025 - 12/31/2025 34.62$ 4.8% -$ - -$ 0 73.45$ 0 110.18$ 0 146.90$ 0 -$ 01/01/2021 - 12/31/2021 25.72$ 0.0% -$ - -$ 0 77.45$ 0 116.17$ 0 154.90$ 0 -$ 01/01/2022 - 12/31/2022 27.12$ 5.4% -$ - -$ 0 81.73$ 0 122.60$ 0 163.47$ 0 -$ 01/01/2023 - 12/31/2023 28.62$ 5.5% -$ - -$ 0 86.02$ 0 129.03$ 0 172.03$ 0 -$ 01/01/2024 - 12/31/2024 30.12$ 5.2% -$ - -$ 0 90.59$ 0 135.88$ 0 181.17$ 0 -$ 01/01/2025 - 12/31/2025 31.72$ 5.3% -$ - -$

Labor Total 0 -$



Tree Maintenance Labor-Senior Tree Trimmer*

Tree Maintenance Labor- Tree Trimmer*

Tree Maintenance Labor- Groundsperson*

Landscape Maintenance Laborer*

Teamster Group III*

Group 2 Laborer*

5.c

Packet Pg. 138

Att

ach

men

t: 2

0-10

0237

7 A

ttac

hm

ent

B (

6884

: A

war

d C

on

trac

t N

o. 2

0-10

0237

7 fo

r O

n-C

all E

nvi

ron

men

tal S

ervi

ces)



Consultant or Subconsultant Contract No. RFP 20-1002377 Date 8/25/2020

Qty Unit Cost/Hour TotalEquipment

A. Pickup Truck - Toyota Tundra or Tacoma 0 30.00$ -$ B. Hino or Isuzu 4 Ton Dump Trucks/Stake Bed 0 55.00$ -$ C. FINN T75 Hydroseed Trailer 0 71.00$ -$ D. 2000 Gallon Water Truck 0 80.00$ -$ E. Barko Loader 885B Loader 0 250.00$ -$ F. Kobelco-Excavator SK210LC 0 250.00$ -$ G. ASV or Takeuchi Tracked Skid Steer 0 100.00$ -$ H. Takeuchi Tracked Mini Excavator 0 100.00$ -$ I. Kubota L3717 HST Tractor 0 60.00$ -$ J. Brush Chipper 0 85.00$ -$ K. Atlas Copco XAS45 - 90 CFM Compressor 0 34.00$ -$ L. Spray Rig 0 25.00$ -$ M. Billygoat Outback Brush Cutter 0 17.00$ -$ N. Chainsaws, Pole Pruners, Line Trimmers, Hedge Trimmer, Auger and Bits 0 13.00$ -$ O. Backpack Sprayer 0 7.00$ -$ P. UTV Utility Vehicle 0 30.00$ -$ Q. Honda EG5000CL Generator/ Trash Pump 0 17.00$ -$ R. Water Utility Trailer - 500 Gallon 0 35.00$ -$ S. Aztec 19FT Carrier Trailer 0 6.00$ -$ T. Imprint Seeder, Conservation Seeder, Mow Deck, or Disk Attachment 0 25.00$ -$

Direct Expenses

U. Materials, Herbcides, Temporary Facilities/Utilities, Rental Equipment, dump fees, and other incidental items. Reimbursed at

Cost + 10% Markup

TravelV. Per Diem/Lodging Std. Gov't TOTAL ODC's = -$


Natures Image, Inc.


5.c

Packet Pg. 139

Att

ach

men

t: 2

0-10

0237

7 A

ttac

hm

ent

B (

6884

: A

war

d C

on

trac

t N

o. 2

0-10

0237

7 fo

r O

n-C

all E

nvi

ron

men

tal S

ervi

ces)





0.35 0.65

FEE % =


0 $152.60 0 228.90$ 0 305.20$ 0 -$ 01/01/2021 - 12/31/2021 70.00$ 3.0% -$ - -$ 0 $157.18 0 235.77$ 0 314.36$ 0 -$ 01/01/2022 - 12/31/2022 72.10$ 3.0% -$ - -$ 0 $161.89 0 242.84$ 0 323.79$ 0 -$ 01/01/2023 - 12/31/2023 74.26$ 3.0% -$ - -$ 0 $166.75 0 250.13$ 0 333.50$ 0 -$ 01/01/2024 01/01/2024 76.49$ 3.0% -$ -$ 0 $171.75 0 257.63$ 0 343.51$ 0 -$ 01/01/2025 01/01/2025 78.79$ 3.0% -$ -$

-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$

Labor Total 0 -$



Urbana Preservation & Planning, LLC

0.00 1.00

0.09


hourly rate% or $


Wendy L. Tinsley Becker, RPH, AICPPrincipal Planner / Architectural Historian (Historic Preservation Technical Lead)

5.c

Packet Pg. 140

Att

ach

men

t: 2

0-10

0237

7 A

ttac

hm

ent

B (

6884

: A

war

d C

on

trac

t N

o. 2

0-10

0237

7 fo

r O

n-C

all E

nvi

ron

men

tal S

ervi

ces)




Unit Unit Cost TotalA. 1 145.00$ 145.00$ B. 1 125.00$ 125.00$ C. 1 80.00$ 80.00$ D. 1 0.575$ 0.575$ E. 0 -$ -$ F. 0 -$ -$ G. 0 -$ -$ TOTAL ODC's = 350.58$


Mileage @ Federal rate currently 0.575/mileRental Car

Urbana Preservation & Planning, LLC


Per Diem: hotel and incidentalsField Vehicle -Company 4x4

5.c

Packet Pg. 141

Att

ach

men

t: 2

0-10

0237

7 A

ttac

hm

ent

B (

6884

: A

war

d C

on

trac

t N

o. 2

0-10

0237

7 fo

r O

n-C

all E

nvi

ron

men

tal S

ervi

ces)


Minute Action

AGENDA ITEM: 6


Subject:

State Route 210 Endowment Agreement with San Bernardino Valley Water Conservation

District and San Bernardino Valley Conservation Trust

Recommendation:

Receive and file information pertaining to Endowment Agreement, Contract No. 21-1002485,

with the San Bernardino Valley Water Conservation District and the San Bernardino Valley

Conservation Trust in the amount of $1,332,216.03, for implementation of mitigation measures

related to the Incidental Take Permit (2018-2017-062-05) with the California Department of Fish

and Wildlife for the State Route 210 Mainline Lane Addition Project.

Background:

Mitigation measures and costs in the amount of $4.6 million, were discussed and authorized by

the San Bernardino County Transportation Authority (SBCTA) Board of Directors (Board) in

July 2018 for the State Route 210 (SR 210) Mainline Lane Addition project because the cost of

the agreement for the environmental permit exceeded the signature authority of staff.

SBCTA Policy No. 34509 delegates signature authority to department directors or designees to

execute “Mitigation Measures and Agreements and Permits up to $2 million.”

Mitigation measures are identified during the environmental phase and commitments for the

same occurs during the design phase, those commitments are required to be in place before

seeking funding allocations for construction. However, as this project progressed, construction

staff was informed that additional mitigation measures were needed for the project due to a

change by the California Department of Fish and Wildlife (CDFW). While the cost for the

agreement associated with these mitigation measures falls within the signature delegation of

staff, this agenda item is being provided to keep the Board informed of the totality of the

mitigation requirements for this particular project. In total, this additional mitigation measure

costs $1,332,216.03, and includes regulatory agency permitting costs, conservancy costs, and a

refundable deposit of $145,310, with specific details provided herein. Of significance is that this

agreement places SBCTA in compliance with our CDFW permit and allows us to continue our

construction project without being subject to delays. This agreement has been reviewed by

SBCTA’s Consultant Environmental Manager and external Legal Counsel as well as SBCTA

staff.

The SR 210 Mainline Lane Addition work area impacts habitat areas for the San Bernardino

Kangaroo Rat (SBKR). The SBKR is a federally endangered species and a U.S. Fish & Wildlife

Service (USFWS) Biological Opinion (BO) was obtained during the preparation of the California

Environmental Quality Act (CEQA) / National Environmental Policy Act (NEPA) document.

Mitigation for 18.46 acres of the SBKR habitat entailed the purchase of conservation credits

from Vulcan Materials Company at a cost of $4,568,850. The transaction was approved by the

Board of Directors in July 2018. It was not until the SR 210 Project was under procurement for a

contractor that the SBKR obtained the protections as a State endangered species. Specifically, in

early August 2019, the California Fish and Game Commission voted to advance the SBKR to

candidacy for listing as a State endangered species. SBCTA staff appealed for grandfathering

for the project as bidding had just occurred but CDFW was not able to allow this. CDFW staff

6

Packet Pg. 142


October 15, 2020

Page 2


worked diligently with SBCTA to expedite the required Incidental Take Permit (ITP), which was

prepared as an amendment to the original ITP that was previously processed for endangered

plants in the area. This effort allowed the construction contractor to continue his activities with

minimal effect to the work on the project. The original ITP covered mitigation for the Santa Ana

River Woollystar and Slender-horned Spineflower, and the cost was included in the conservation

credits purchased from the Vulcan Materials Company.

The ITP amendment was expected to follow the requirements of the USFWS BO.

However, CDFW instead required significant additional trapping, relocation, and monitoring of

the SBKR. CDFW also required that additional habitat within the Santa Ana River be provided

for impacts to the SBKR. The original mitigation, approved by USFWS, is in the Cajon Creek.

CDFW required an additional 1:1 ratio of habitat in the Santa Ana River. As a result, and

because we were much further down the road with design, SBCTA was able to provide a revised

construction footprint in order to limit the amount of additional mitigation required to 4.2 acres.

Based on the reduction in footprint, staff will be petitioning USFWS and CDFW to request a

mitigation credit for the Cajon Creek purchase for future SBCTA projects.

The San Bernardino Valley Water Conservation District (District) is the sponsor and lead agency

for the Upper Santa Ana River Wash Habitat Conservation Plan and owns property that includes

4.2 acres that, upon CDFW approval, will be confirmed to meet the 4.2-acre mitigation

requirement. The San Bernardino Valley Conservation Trust (Trust) is a 501(c)(3) nonprofit

custodian of the District, focused on land and species conservation which has been approved by

CDFW to hold conservation easements and manage endowments for purposes of habitat

preservation. They are considered to be a very reputable organization by CDFW with a proven

track record. They are considered a safe option for SBCTA to contract with for the additional

mitigation required by CDFW.

SBCTA has made previous payments for the implementation of ITP amendment requirements as

follows:

$809,901 to CDFW as security for ITP amendment requirements related to the

acquisition and management of the 4.2 acres of mitigation. These funds will be released

incrementally to the District, the Trust or SBCTA upon completion of these requirements.

$324,491.69 and $52,513.34 to the Trust for SBKR trapping, relocation and monitoring

according to requirements of the ITP amendment.

An endowment agreement between SBCTA, the District, and the Trust has been prepared.

The agreement outlines the required actions of the District, the Trust and SBCTA to fulfill the

ITP amendment’s mitigation requirements. This includes the transfer by the District of a

conservation easement over the 4.2 acres of mitigation property to the Trust, which will in turn

be responsible for perpetual management of the property. The agreement provides that SBCTA

will request that CDFW make payments from SBCTA’s security deposit to include: (1) the

amount of $567,000 to the District, which represents the value of the 4.2 acres; (2) release of

$97,591 to the Trust to manage the 4.2 acres, and; (3) release of $145,310 back to SBCTA upon

fulfillment by the Trust of those actions listed below. The payments would occur once certain

milestones are fulfilled as further detailed in the agreement. CDFW has provided its concurrence

in writing with the security fund release plan detailed in the endowment agreement.

6

Packet Pg. 143


October 15, 2020

Page 3


SBCTA will make up front payments to the Trust per this agreement as follows. (These monies

will later be reimbursed back to SBCTA out of the $809,901 deposited with CDFW.)

$58,250 for implementation of start-up activities related to the 4.2 acres of mitigation.

$87,060 to provide for the interim management of the 4.2 acres of mitigation.

Financial Impact:

This item is consistent with the Fiscal Year 2020/2021 Budget under Task No. 0820 Freeway

Projects, Sub-Task No. 0887 State Route 210 Lane Addition.

Reviewed By:


committee. SBCTA General Counsel and Risk Manager have reviewed this item and the draft

agreement.

Responsible Staff:


Approved



Witnessed By:

6

Packet Pg. 144

Fund Prog Task

Sub-

Task PA Level

GL: 4110 40 0820 0887 650

GL:

GL:

GL:

GL:

GL:

GL:

GL:

GL:

GL:

Accounts Payable

Object Revenue

-

-

Expiration Date:

-

-

Local Services

No Budget Adjustment

-$

N/A

Revenue Code Name

N/A N/ANHS: QMP/QAP: Prevailing Wage:


145,310.00$

145,310.00

-

-

-

-

-


Paula Beauchamp


Other Contracts

Current Amendment


-$

-$

-$

Description: SR 210 SBVCT Endowment Agreement


145,310.00$

Prior Amendments

Original Contract

-$ -$

-

-

41100000


Dollar Amount



12/30/2039


145,310.00$ Total/Revised Contract Value

21-1002485


Total Dollar Authority (Contract Value and Contingency) 145,310.00$


Prior Amendments

03619



Additional Notes:

Juan Lizarde

Date: Item #

52001 - MSI

-

-

-

-

-

-

-

Vendor No.:


11/04/2020

Contract No:

N/ASole Source?

Amendment No.:

Department:

Vendor Name: San Bernardino Valley Conservation Trust

Form 200 11/2019 1/1

6.a

Packet Pg. 145

Att

ach

men

t: 2

1-10

0248

5_C

SS

-Pay

able

(70

34 :

Sta

te R

ou

te 2

10 E

nd

ow

men

t A

gre

emen

t w

ith

SB

VW

CD

an

d S

BV

CT

)

159/015042-0013

14316636.1 a10/08/20 21-1002485

ENDOWMENT AGREEMENT FOR THE DEPOSIT, DISBURSEMENT, AND USE OF

FUNDS FOR WASTING AND NON-WASTING ENDOWMENTS

This Endowment Agreement (“Agreement” ) is entered into effective this __ day of

_________, 2020 (“Effective Date”), by and between the SAN BERNARDINO VALLEY

WATER CONSERVATION DISTRICT (“District”), a California water conservation district;

THE SAN BERNARDINO VALLEY CONSERVATION TRUST, a 501(c)(3) nonprofit

corporation, (“Trust”); and SAN BERNARDINO COUNTY TRANSPORTATION

AUTHORITY, a transportation authority created under the San Bernardino County

Transportation Authority Consolidation Act of 2017, Public Utilities Code sections 130800 et

seq. , (“Authority”). This Agreement is entered in consideration of all of the following:

A. District is a California water conservation district, duly formed and existing under

Water Code sections 74000 et seq. of the California Water Code. District is the owner of certain

real property located within the Santa Ana River Wash in San Bernardino County, California,

including 4.2 acres which the parties have identified as appropriate for offsetting biological and

habitat impacts (“Property”), but which Property must be approved by the California Department

of Fish and Wildlife (“CDFW”).

B. The Trust is authorized under Civil Code section 815.3 to hold and manage lands,

monies, and Conservation Easements over property with habitat values for threatened or

endangered species under the Federal Endangered Species Act, 16 U.S.C. sections 1531 et seq.,

and the California Endangered Species Act, California Fish and Game Code sections 2050 et seq.

The Trust does so to further compliance with various permitting and regulatory habitat

maintenance, enhancement, and protection mitigation requirements imposed upon public and

private projects that have the potential to negatively impact protected biological resources.

C. The Authority is constructing the State Route 210 Mixed Flow Lane Addition

Project which will widen the SR-210 from Sterling Avenue to San Bernardino Avenue from four

mixed flow lanes to six mixed flow lanes, with the addition of one mixed flow lane in each

direction within the median (“Project”). Through the course of securing permits and

development entitlements for the Project, various habitat enhancement, preservation,

management, and mitigation requirements were required of Authority as a condition of allowing

the Project to go forward (hereafter, “Habitat Mitigation”).

D. District is the sponsor and lead agency for the Upper Santa Ana River Wash Plan

Habitat Conservation Plan (“Wash Plan HCP”). The Wash Plan HCP has been formulated,

processed, and sponsored by the District, to set habitat management, enhancement, operation,

and maintenance responsibilities in connection with a larger “Wash Plan Preserve” as defined in

the Wash Plan HCP. The Property is located within the boundaries of the Wash Plan Preserve,

but is not included as part of the mitigation area committed for the Covered Activities under the

Wash Plan. The Parties have identified that management of the Property, consistent with the

management strategies of the Wash Plan Preserve, and subject to the approval of applicable

permitting agencies for the Project, may serve to meet the Project’s needs for Habitat Mitigation.

E. Authority, District, and Trust have identified the Property as being suitable for

satisfying the Habitat Mitigation. In this regard, the parties hereto have negotiated, and

6.b

Packet Pg. 146

Att

ach

men

t: 2

1-10

0248

5_S

BV

WC

D E

nd

ow

men

t A

gre

emen

t [R

evis

ion

1]

(70

34 :

Sta

te R

ou

te 2

10 E

nd

ow

men

t A

gre

emen

t w

ith

SB

VW

CD

an

d

-2- 21-1002485

concurrently with this Agreement are entering into, an “Agreement for Acquisition of

Conservation Easement” (“Conservation Easement Agreement”). The Conservation Easement

Agreement provides for transfer of a Conservation Easement over the Property from the District

to the Trust, which the parties propose to satisfy the Habitat Mitigation. Under the Conservation

Easement, the Trust will undertake to fulfill the habitat management, enhancement, and

protection requirements on and over the Property, as set out in the Habitat Mitigation, in a

manner consistent with the standards of the Wash Plan HCP.

F. Authority has made certain payments to further the implementation of the Habitat

Mitigation including the following:

1. Eight Hundred and Nine Thousand Nine Hundred One Dollars ($809,901)

to CDFW as security for Incidental Take Permit (ITP) Measures 9.1.1 – 9.1.4 as further detailed

in Section 2 below.

2. Three Hundred Twenty-Four Thousand Four Hundred Ninety-One Dollars

and Sixty-Nine Cents ($324,491.69) to the Trust as described in Section 3 below.

3. Fifty-Two Thousand Five Hundred Thirteen Dollars and Thirty-Four

Cents ($52,513.34) to the Trust for revisions to ITP Measures 8.7, 8.9 and 8.11.

G. This Agreement sets forth certain milestones upon which Authority is to make

payment to the Trust and upon such payment, authorizes the Authority to request release of funds

that Authority deposited with CDFW as security.

H. This Agreement also sets forth various terms and obligations of Authority,

District, and the Trust in connection with the Authority’s payments to the District and the Trust

to review, process, and approve the transfer of the Conservation Easement to the Trust, and to

assure that the responsibilities of habitat preservation, maintenance, enhancement, and operation,

to standards consistent with the Wash Plan HCP and Biological Permit (as defined in 1(a)

below), can be performed on the Property within the funding required.

NOW, THEREFORE, in consideration of all the foregoing, the parties hereby agree as

follows:

1. Review by District and Trust of Permitting by Authority.

(a) If it has not already done so, Authority shall, as soon as practical after the

execution of this Agreement, provide to both District and Trust copies of all habitat mitigation

dedication requirements and habitat preservation, maintenance, enhancement, and operational

requirements on the Project, whether required by CDFW, USFWS, or either applicable

regulatory agency. These requirements may come in the form of an HCP, HMMP, Incidental

Take Permit (ITP), Biological Opinion, subdivision or land use entitlement conditions of

approval, or other development condition, exaction or requirement (collectively, “Biological

Permit”). Copies of the Biological Permit shall be provided to the District and to the Trust

without cost to either. The Biological Permit information shall include any property analysis

record (“PAR”) or other cost estimates, any biological studies or reports submitted in

6.b

Packet Pg. 147

Att

ach

men

t: 2

1-10

0248

5_S

BV

WC

D E

nd

ow

men

t A

gre

emen

t [R

evis

ion

1]

(70

34 :

Sta

te R

ou

te 2

10 E

nd

ow

men

t A

gre

emen

t w

ith

SB

VW

CD

an

d

-3- 21-1002485

conjunction with or connection with securing the Biological Permit, and all correspondence with

USFWS, CDFW, and any biological permitting agencies.

(b) The Trust and the District will work as quickly as possible, but in any

event, shall have no less than 90 days from receipt of the complete package of the Biological

Permit to review all aspects thereof to determine consistency of same with the Wash Plan HCP

management actions and strategies, and the ability of the Trust or the District, respectively, to

otherwise meet the requirements of the Biological Permit. The review by the District and Trust,

as may be extended by mutual agreement of the parties, shall include, but not be limited to, all of

the following:

(i) Consistency of the Biological Permit with Wash Plan HCP

standards, strategies, and obligations.

(ii) Adequacy of the proposed wasting endowment to fund Biological

Permit needs to ensure the Property can be managed at the Wash Plan HCP Preserve standards.

(iii) Adequacy of the proposed non-wasting endowment to fund Wash

Plan HCP-equivalent activities on the Property pursuant to the Conservation Easement.

(iv) The adequacy and accuracy of the PAR in establishing the amount

of the wasting and non-wasting endowments.

(v) The amount of acreage required for habitat set aside under the

Biological Permit, and the availability of such acreage owned by the District, and eligible for the

Conservation Easement.

(vi) The impact of the issuance of a Conservation Easement and the

incorporation or joint administration of the Conservation Easement on the Property with the

Wash Plan HCP, to assure both District and Trust can meet obligations under the Wash Plan

HCP Implementing Agreement.

(c) After such review, Trust and District, and each of them, shall advise

Authority in writing as to whether each agrees to go forward with meeting the requirements of

the Biological Permit. Trust and District may approve, reject, or require in writing clarification

of the provisions, conditions, or requirements of the Biological Permit. Authority shall provide

final, signed copies of all permits utilizing the Conservation Easement for mitigation to District

and Trust prior to full implementation of this Agreement.

(d) In the event both District and Trust approve requirements of the Biological

Permit, the parties shall proceed to full implementation of this Agreement.

(e) In the event either Trust or District conclude they are unable to meet the

requirements of the Biological Permit, which cannot be resolved under subsection 1(f) below,

this Agreement shall terminate, and all remaining deposit amounts and unused pre-payments

made by Authority remaining as of the date of notice of such termination, shall be refunded to

Authority, without interest, and all continuing and further obligations between and among the

parties shall cease.

6.b

Packet Pg. 148

Att

ach

men

t: 2

1-10

0248

5_S

BV

WC

D E

nd

ow

men

t A

gre

emen

t [R

evis

ion

1]

(70

34 :

Sta

te R

ou

te 2

10 E

nd

ow

men

t A

gre

emen

t w

ith

SB

VW

CD

an

d

-4- 21-1002485

(f) In the event either District or Trust require amendment or clarifications in

writing to the requirements of the Biological Permit, the parties shall meet and confer in good

faith, including as necessary, with USFWS, CDFW, or other applicable regulatory agency. This

meet and confer process shall proceed for a period not to exceed ninety (90) days, unless

extended in writing by all parties hereto. If the matter is resolved pursuant to this additional

clarification, the parties shall proceed with approval and implementation of this Agreement, and

if not, this Agreement shall terminate under the conditions set forth in Section 1(e) above.

(g) Review and approval of the Biological Permit and all matters incident

thereto by the District and the Trust is solely for the purpose of determining the suitability,

achievability, and compatibility of the Biological Permit requirements for management

consistent with the Wash Plan HCP, and its approved habitat preservation, enhancement,

operation, and management strategies. Neither District nor Trust makes any representation,

warranty, guaranty, or indemnity to Authority that the Wash Plan HCP, or management of the

Property in a manner consistent with the requirements thereof, complies with Authority’s

obligations under the Biological Permit. Any responsibilities, obligations, or requirements of the

Biological Permit that are not met by the imposition of the Conservation Easement over the

Property and the performance by District and the Trust of its obligations hereunder, its inclusion

into the Wash Plan Preserve, or its management pursuant to the Wash Plan HCP are, and shall

remain, the sole responsibility of Authority.

2. Authority Deposits with CDFW.

On April 8, 2020, Authority deposited with CDFW the following amounts to be held as

security for the implementation of ITP Measures 9.1.1 – 9.1.4:

(a) Five Hundred Sixty-Seven Thousand Dollars ($567,000) as payment for

the Conservation Easement as such is described in the Conservation Easement Agreement as the

purchase price (ITP Measure 9.1.1).

(b) Fifty-Eight Thousand Two Hundred and Fifty Dollars ($58,250) to fund

the wasting endowment for the Biological Permit start-up requirements on the Property, to

ensure it is able to meet Wash Plan Preserve standards (ITP Measure 9.1.2).

(c) Eighty-Seven Thousand Sixty Dollars ($87,060) to fund the wasting

endowment for Biological Permit initial and interim requirements on the Property to ensure it is

able to meet Wash Plan Preserve standards (ITP Measure 9.1.3).

(d) Ninety-Seven Thousand Five Hundred Ninety-One Dollars ($97,591), to

fund the permanent non-wasting endowment for managing the Property consistent with the Wash

Plan HCP (ITP Measure 9.1.4).

3. Payments to the Trust.

(a) The Authority has previously paid to the Trust Three Hundred Twenty-

Four Thousand Four Hundred Ninety-One Dollars and Sixty-Nine Cents ($324,491.69) for work

associated with implementation of ITP Measures 8.7, 8.8, 8.9, 8.11, 9.1, 9.7 and 9.8, including

San Bernardino kangaroo rat trapping, relocation, telemetry and monitoring; providing habitat

6.b

Packet Pg. 149

Att

ach

men

t: 2

1-10

0248

5_S

BV

WC

D E

nd

ow

men

t A

gre

emen

t [R

evis

ion

1]

(70

34 :

Sta

te R

ou

te 2

10 E

nd

ow

men

t A

gre

emen

t w

ith

SB

VW

CD

an

d

-5- 21-1002485

management cost estimates for the ITP; Conservation Easement approval and recordation; and

establishment of an endowment fund, according to the March 18, 2020 proposal from the Trust

and attached to this Agreement as Exhibit “A”. This amount also includes staff time for work on

preparation of agreements, according to the March 17, 2020, invoice attached as Exhibit “B”.

(b) The Authority has paid Fifty-Two Thousand Five Hundred Thirteen

Dollars and Thirty-Four Cents ($52,513.34) to the Trust for revisions to ITP Measures 8.7, 8.9

and 8.11.

(c) The Authority shall pay to the Trust the amount of Fifty-Eight Thousand

Two Hundred and Fifty Dollars ($58,250) for implementation of start-up activities associated

with ITP Measures 9.1.2 and 9.7.5, within 15 working days of the Effective Date. The start-up

activities include preparation of a Small Mammal Restoration Plan, preparation of a Final

Management Plan, conducting a baseline biological assessment and land survey report, and

developing and transferring Geographic Information System (GIS) data, if applicable, according

to the 9/24/20proposal/invoice attached as Exhibit “C”.

(d) The Authority shall pay to the Trust the amount of Eighty-Seven

Thousand Sixty Dollars ($87,060) to provide for the interim management of the Property

following start-up activities conducted according to ITP Measures 9.1.3 and 9.7.6. The interim

management payment will be paid in three installments upon recordation of the conservation

easement, with the first year’s installment due within 15 working days of such recordation and

the second and third installments annually thereafter in the following amounts:

(i) 50% year one;

(ii) 25% year two;

(iii) 25% year three.

The interim management period will be three years and management activities will

include fence repair, trash removal, site monitoring, habitat assessments, species surveys, and

vegetation and invasive species management, according to 9/24/20 proposal/invoice attached as

Exhibit “D”.

4. Disbursements by CDFW.

Authority shall request the CDFW to release the funds held as security incrementally as

the mitigation obligations are met as outlined below:

(a) Upon CDFW review and approval of all of the following: (1) a Small

Mammal Restoration Plan (could be included in the Final Management Plan); (2) a Final

Management Plan; (3) a baseline biological assessment and land survey report; and (4)

Geographic Information Systems (GIS) data for the mitigation lands, the Authority will request

that CDFW release the $58,250 security for ITP Measure 9.1.2 to the Authority.

(b) Upon CDFW review and approval of the proposed mitigation Property, all

pertinent lands documents (title, phase 1, etc.), the PAR, and upon recordation of the

6.b

Packet Pg. 150

Att

ach

men

t: 2

1-10

0248

5_S

BV

WC

D E

nd

ow

men

t A

gre

emen

t [R

evis

ion

1]

(70

34 :

Sta

te R

ou

te 2

10 E

nd

ow

men

t A

gre

emen

t w

ith

SB

VW

CD

an

d

-6- 21-1002485

Conservation Easement, the Authority shall request that CDFW release the $567,000 security for

ITP Measure 9.1.1 to the District.

(c) Upon satisfaction of ITP Measures 9.1.1, 9.1.2, 9.8.1 (Identify

Endowment Manager) and 9.8.2 (Calculate Endowment Funds Deposit), the Authority shall

request that CDFW release the $97,591 security for ITP Measure 9.1.4 to the Trust.

(d) After recordation of the Conservation Easement and as each installment

payment is made for the interim management as set forth in Section 3(c) above, the Authority

will request that CDFW release the amount of each installment to the Authority.

5. Disbursements by District. Once all documents, funds, and other materials are

deposited with District as described within this agreement, and all conditions to this Agreement

and the Conservation Easementhave been met, District shall do all of the following:

(a) Record the Conservation Easement in the name of the Trust.

(b) Refund any unused deposits or payments for costs to Authority.

6. Limitation of District Liability in Acting as Transactional Intermediary.

(a) In acting as the intermediary for the deposit of funds and documents

hereunder, the District shall not be liable for any error of judgment or any act done, or omitted to

be done, hereunder by it in the absence of its negligence or willful misconduct.

(b) The District may act in reliance upon any writing, instrument or signature

from the Authority which it, in good faith, believes to be genuine, and may assume the validity

and accuracy of any statement or assertion contained in such a writing or instrument and shall

not be required to investigate the truth or accuracy of any statement contained in any such

writing or instrument. Also, the District may assume, in the exercise of good faith, that any

person purporting to give any writing, notice, advice or instruction on behalf of Authority or

Trust in connection with the provisions hereof has been duly authorized so to do.

(c) The District shall be entitled , at its own cost and expense, to consult with

legal counsel in the event that a question or dispute arises with regard to the construction of any

of the provisions hereof, and shall incur no liability and shall be fully protected when acting in

good faith reliance upon such advice or opinion of such counsel.

(d) The District shall not be required to use its own funds in the performance

of any of its intermediary obligations or duties or the exercise of any of its rights or powers under

this Agreement, and shall not be required to take any action which, in the District’s sole and

absolute judgment, could involve it in expense or liability unless furnished with security and

indemnity which it deems, in its sole and absolute discretion, to be satisfactory.

(e) Except in the case of a final, non-appealable order of a court of competent

jurisdiction which holds the District liable for the performance of its transactional intermediary

duties hereunder, Authority shall indemnify and hold harmless the District (and any successor)

from and against any and all liabilities, losses, actions, suits or proceedings at law or in equity

6.b

Packet Pg. 151

Att

ach

men

t: 2

1-10

0248

5_S

BV

WC

D E

nd

ow

men

t A

gre

emen

t [R

evis

ion

1]

(70

34 :

Sta

te R

ou

te 2

10 E

nd

ow

men

t A

gre

emen

t w

ith

SB

VW

CD

an

d

-7- 21-1002485

(collectively, “Claims”), and any other reasonable expenses, fees or charges of any character or

nature, including, without limitation, any liability or losses, including attorneys’ fees, resulting

from any losses which the District may incur by reason of its acting as the transactional

intermediary under this Agreement or arising out of the transfer of the Conservation Easement,

or funds provided for hereunder. The terms of this paragraph shall survive termination of this

Agreement. The Authority’s duty to indemnify and hold harmless the District shall not apply to

Claims arising out of the District’s active negligence or willful misconduct.

7. Trust Holding, Use, and Disbursement of Funds. Upon disbursement of the non-

wasting endowment funds to the Trust, the Trust shall hold, invest, use, apply, protect, and

manage all such funds consistent with the applicable Investment Policies of the Trust, District,

and any agreements between them, relating to the Wash Plan HCP or otherwise applicable to the

Wash Plan Preserve.

8. Termination. Any party may terminate this Agreement due to a default by

another party in performing this Agreement, by providing 30 days’ written notice to each of the

other parties. At the time of receipt of such notice of termination, all work being undertaken by

either District or Trust in terms of review of Biological Permits, generation of agreements or

amendments to same, preparation of deeds or other documents attendant to close of escrow,

property inspections, surveys, or investigations, document review, or other inspections attendant

to transfer of the Conservation Easement or the non-wasting endowment shall cease. Any

deposits or pre-payments unused at that point shall be returned to Authority, without interest, as

of the effective date of termination, but District and Trust shall retain all portions of any deposits

necessary to reimburse both, or either, for all work done prior to the receipt of the notice of

termination, or work or other charges incurred by District of Trust incident to the termination.

9. Notices. All notices required to be provided hereunder shall be provided in

writing, and either served personally, or sent by United States mail. Such notices shall be

provided through either personal delivery, First-Class Mail, or overnight carrier, such as Federal

Express, and all such notices shall be deemed effective on the 3rd day following mailing. Such

notices shall also be provided by electronic mail delivery at the e-mail addresses listed below,

but the calculated time hereunder for delivery of notices shall be from the written notice

provided. Such notices shall be directed to the parties at the addresses, and to the attention of the

persons, listed below, which designated recipients of notice or addresses may be changed by the

parties from time to time by notice to the others in writing:

If to the District: San Bernardino Valley Water Conservation District

1630 West Redlands Boulevard, Suite A

Redlands, CA 92373-8032

Attention: General Manager

e-mail: [email protected]

If to the Trust: San Bernardino Conservation Trust

1630 West Redlands Boulevard, Suite A

Redlands, CA 92373-8032

Attention: Corporate Secretary


6.b

Packet Pg. 152

Att

ach

men

t: 2

1-10

0248

5_S

BV

WC

D E

nd

ow

men

t A

gre

emen

t [R

evis

ion

1]

(70

34 :

Sta

te R

ou

te 2

10 E

nd

ow

men

t A

gre

emen

t w

ith

SB

VW

CD

an

d

-8- 21-1002485

If to Authority: San Bernardino County Transportation Authority

1170 West 3rd Street, 2nd floor

San Bernardino, CA 92410

Attention: Paula Beauchamp


10. Entire Agreement. This Agreement, in conjunction with the Conservation

Easement Agreement entered into concurrently herewith, contains the entire agreement of the

parties hereto with respect to the matters contained herein, and supersedes all negotiations, prior

discussions, and preliminary agreements or understandings, whether written or oral. No waiver

or modification of this Agreement shall be binding unless consented to by all parties in writing.

11. Waiver. No waiver of any default shall constitute a waiver hereunder of any other

default or breach, whether of the same or other covenant or condition. No waiver, benefit,

privilege, or service voluntarily given or performed by a party shall give any other party any

contractual rights by custom, estoppel, or otherwise. Nothing herein is intended to, nor shall be

construed as, any waiver by any party of any applicable Government Tort Claims Act

requirements.

12. Cooperation and Further Acts. All parties hereto agree to use reasonable care and

diligence to perform their respective obligations under this Agreement, and the Conservation

Easement Agreement. All parties agree to act in good faith and execute all instruments, prepare

all documents, and take all actions as may be reasonably necessary, appropriate, or convenient to

carry out the purposes of this Agreement.

13. Governing Law. This Agreement shall be governed by, and construed under, the

laws of the State of California.

14. Attorneys’ Fees. In the event of any proceeding, in law or equity, to enforce any

provision of this Agreement, or the related Conservation Easement Agreement, the prevailing

party shall be entitled to an award of reasonable attorneys’ fees. The term “attorneys’ fees”

herein shall include reasonable costs for investigating the action, conducting discovery, cost of

appeal, costs and fees for expert witnesses, and other normally allowable costs incurred in such

litigation, whether or not such litigation or other proceeding is prosecuted to final judgment.

Service of process on any party shall be made in any matter permitted by law, and shall be

effective whether served inside or outside of California.

15. Construction. The language of this Agreement shall be construed according to its

fair meaning, and not for or against any party hereto based on authorship. The captions of the

various sections and paragraphs hereunder are for convenience and ease of reference only, and

do not define, limit, augment, or interpret the scope, content, or intent of this Agreement.

16. Severability. Each provision of this Agreement shall be severable from the

whole. If any provision of this Agreement shall be found contrary to law, it is the intention of all

the parties, and each of them, that the remainder of this Agreement shall continue in full force

and effect.

6.b

Packet Pg. 153

Att

ach

men

t: 2

1-10

0248

5_S

BV

WC

D E

nd

ow

men

t A

gre

emen

t [R

evis

ion

1]

(70

34 :

Sta

te R

ou

te 2

10 E

nd

ow

men

t A

gre

emen

t w

ith

SB

VW

CD

an

d

-9- 21-1002485

17. Corporate Authority. Each party hereto represents to the others that the person

whose signature appears below on its behalf has all requisite power and authority to execute and

perform this Agreement, and to bind his or her respective party, and that in so doing, such party

is not thereby in breach of any other contract or agreement.

18. Counterparts. This Agreement may be signed in counterparts, each of which shall

constitute an original.

IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the

Effective Date.

Date: San Bernardino Valley Water Conservation

District

By:

Its:

Date: “TRUST”

San Bernardino Conservation Trust

By:

Its:

Date: San Bernardino County Transportation Authority

By:

Its:

Approved as to form:

David DeBerry, Special Counsel

6.b

Packet Pg. 154

Att

ach

men

t: 2

1-10

0248

5_S

BV

WC

D E

nd

ow

men

t A

gre

emen

t [R

evis

ion

1]

(70

34 :

Sta

te R

ou

te 2

10 E

nd

ow

men

t A

gre

emen

t w

ith

SB

VW

CD

an

d

Exhibit A 6.c

Packet Pg. 155

Att

ach

men

t: 2

1-10

0248

5_E

xhib

it-A

(70

34 :

Sta

te R

ou

te 2

10 E

nd

ow

men

t A

gre

emen

t w

ith

SB

VW

CD

an

d S

BV

CT

)

Exhibit A 6.c

Packet Pg. 156

Att

ach

men

t: 2

1-10

0248

5_E

xhib

it-A

(70

34 :

Sta

te R

ou

te 2

10 E

nd

ow

men

t A

gre

emen

t w

ith

SB

VW

CD

an

d S

BV

CT

)

Exhibit A 6.c

Packet Pg. 157

Att

ach

men

t: 2

1-10

0248

5_E

xhib

it-A

(70

34 :

Sta

te R

ou

te 2

10 E

nd

ow

men

t A

gre

emen

t w

ith

SB

VW

CD

an

d S

BV

CT

)

Exhibit A 6.c

Packet Pg. 158

Att

ach

men

t: 2

1-10

0248

5_E

xhib

it-A

(70

34 :

Sta

te R

ou

te 2

10 E

nd

ow

men

t A

gre

emen

t w

ith

SB

VW

CD

an

d S

BV

CT

)

Exhibit A 6.c

Packet Pg. 159

Att

ach

men

t: 2

1-10

0248

5_E

xhib

it-A

(70

34 :

Sta

te R

ou

te 2

10 E

nd

ow

men

t A

gre

emen

t w

ith

SB

VW

CD

an

d S

BV

CT

)

Exhibit A 6.c

Packet Pg. 160

Att

ach

men

t: 2

1-10

0248

5_E

xhib

it-A

(70

34 :

Sta

te R

ou

te 2

10 E

nd

ow

men

t A

gre

emen

t w

ith

SB

VW

CD

an

d S

BV

CT

)

InvoiceDate

3/17/2020

Invoice #

8

Bill To

SB County Transportation Authority1170 W. 3rd Street, 2nd FloorSan Bernardino, CA 92410

San Bernardino Valley Conservation Trust

1630 W Redlands Blvd, Suite ARedlands, CA 92373

Total

Description Amount

Work associated with implementation of the SR 210 Mixed Flow Lane Addition Project, specifically CaliforniaEndangered Species Act Incidental Take Permit (ITP) No. 2081-2017-062-06

254,201.00

-Task 1. Post-Exclusionary Fencing InstallationSubtask 1.1 Accompany small mammal trappers-within exclusion fence and 500-foot buffer (ITP 8.7.1.

8.7.2, 8.7.3) - $25,800 Subtask 1.2 SBKR Housing, Care, Transport - $5,800 Subtask 1.3 SBKR Radio Telemetry (ITP 8.7.4) - $16,500 Subtask 1.4 SBKR Relocation Plan (ITP 8.7.6) - $4,488

-Task 2. Soft Release Exclusion (ITP 8.8) - $15,125-Task 3. Supplemental Feeding (ITP 8.9) - $8,125-Task 4. Relocation Monitoring (ITP 8.11) - $108,675-Task 5. Habitat Management Cost Estimates (ITP 9.1)

Subtask 5.1 Start-up Cost Estimates (ITP 9.1.2) - $3,000 Subtask 5.2 Interim Management Funding Cost Estimates (ITP 9.1.3) - $2,500

-Task 6. Conservation Easement Approval and Recordation (ITP 9.7)Subtask 6.1 Conservation Land Approval (ITP 9.7.2) - $1,688

Subtask 6.2 Conservation Land Documentation (ITP 9.7.3) - $4,750 Subtask 6.3 Conservation Easement (ITP 9.7.1) - $17,500 Subtask 6.4 Designation of Land Manager (ITP 9.7.4) - $1,250

-Task 7. Establish Endowment Fund (ITP 9.8)Subtask 7.1 Identify Endowment Manager (ITP 9.8.1) - $2,500

Subtask 7.2 Determination of Endowment (ITP 9.8.2, 9.8.2.1, 9.8.2.2, 9.8.2.2.2, 9.8.2.2.3) - $22,500 Subtask 7.3 Establish and Fund Endowment (ITP 9.8.3) - $14,000

Contingency 61,162.00Collection of unreceived Deposits for Mitigation Credit- Trust Staff time for work completed on preparation ofagreement for period 12/30/19-03/11/20

9,128.69

$324,491.69

Exhibit B 6.d

Packet Pg. 161

Att

ach

men

t: 2

1-10

0248

5_E

xhib

it-B

(70

34 :

Sta

te R

ou

te 2

10 E

nd

ow

men

t A

gre

emen

t w

ith

SB

VW

CD

an

d S

BV

CT

)

InvoiceDate

9/24/2020

Invoice #

15

Bill To




Total

Description Amount

Work associated with implementation of the SR 210 Mixed Flow Lane Addition Project, specificallyCalifornia Endangered Species Act Incidental Take Permit (ITP) No. 2081-2017-062-06

50,250.00

-Install Fencing (Wash Plan) - $15,000Conduct a site visit to review current access status and install fencing and/or other appropriate barriers

along the boundary or other access points as needed for the Conserved Lands.

-Install Signage (ITP 9.4.1) -$5,625Conduct a site visit to review current access status and install signage along the boundary or other access

points as needed for the Conserved Lands.

-Small Mammal Restoration Plan (ITP 9.7.5) - $11,500 Prepare and submit for CDFW approval a Small Mammal Restoration Plan to ensure utilization andoccupancy of conservation lands by SBKR.

-Long-term Management Plan (ITP 9.7.5) - $18,125 Prepare and submit for CDFW approval a Long-term Management Plan meeting the requirements set forthin ITP section 9.7.5, including baseline biological/land surveys as needed to inform the LTMP, and in conformance with Wash Plan long-term monitoring and management standards. Meet with CDFW and revise as necessary to finalize the Long-term Management Plan. Provide survey data in GIS format to SBCTA and, following SBCTA's approval, CDFW.

Contingency 8,000.00

$58,250.00

Exhibit C 6.e

Packet Pg. 162

Att

ach

men

t: 2

1-10

0248

5_E

xhib

it-C

(70

34 :

Sta

te R

ou

te 2

10 E

nd

ow

men

t A

gre

emen

t w

ith

SB

VW

CD

an

d S

BV

CT

)

InvoiceDate

9/24/2020

Invoice #

14

Bill To




Total

Description Amount

Work associated with implementation of the SR 210 Mixed Flow Lane Addition Project, specificallyCalifornia Endangered Species Act Incidental Take Permit (ITP) No. 2081-2017-062-06

87,060.00

--Interim Management (ITP 9.7.6)Manage the Conserved Lands in accordance with Long-term Management Plan, the Wash Plan standards, andthe requirements set forth in ITP section 9.7.6 for three years following the date of conservation easementrecordation. Management during this time shall not utilize the long-term management endowment.Management during this time includes three years of initial habitat treatments (e.g. weed control) as well as long-term management, both in compliance with Wash Plan standards.

$87,060.00

Exhibit D 6.f

Packet Pg. 163

Att

ach

men

t: 2

1-10

0248

5_E

xhib

it-D

(70

34 :

Sta

te R

ou

te 2

10 E

nd

ow

men

t A

gre

emen

t w

ith

SB

VW

CD

an

d S

BV

CT

)


Minute Action

AGENDA ITEM: 7


Subject:

Preview of the Hearings to Consider Resolutions of Necessity for Parcels for Interstate 10 Cedar

Avenue Interchange Improvement Project in the Unincorporated Community of Bloomington

Recommendation:

That the following be reviewed and recommended to proceed to Hearings for Resolutions of

Necessity by the Board of Directors, acting in its capacity as the San Bernardino County

Transportation Authority, at a regularly scheduled Board meeting:

A. Conduct public hearings to consider condemnation of real property required for the

Interstate 10 Cedar Avenue Interchange Improvement Project in the unincorporated community

of Bloomington; and

B. Upon completion of a public hearing, that the Board of Directors adopt the Resolution of

Necessity No. 21-006 authorizing and directing General Counsel, or her designees, to prepare,

commence, and prosecute proceedings in eminent domain for the purpose of acquiring interests

in real property from: Robert Eric Jimenez and Rachel Roselyn Jimenez, Trustees of the Family

Trust of Robert Eric Jimenez and Rachel Roselyn Jimenez Dated January 23, 1997 (Assessor’s

Parcel Number [APN] 0253-052-24) (hereinafter “Jimenez Trust Property”). The Resolution

must be approved by at least a two-thirds majority; and

C. Upon completion of a public hearing, that the Board of Directors adopt the Resolution of



in real property from: Eduardo R. Alvarado and Maria L. Farias, husband and wife as joint

tenants (APN 0253-052-25) (hereinafter “Alvarado/Farias Property”). The Resolution must be

approved by at least a two-thirds majority; and

D. Upon completion of a public hearing, that the Board of Directors adopt the Resolution of



in real property from: Darlene A. Boeche, as Trustee of that certain Irrevocable Declaration of

Trust, known as the Harold and Darlene Boeche Spouse’s By-Pass Trust; dated

February 10, 2015 (APN 0253-052-26) (hereinafter “Boeche Trust Property”). The Resolution

must be approved by at least a two-thirds majority; and

E. Upon completion of a public hearing, that the Board of Directors adopt the Resolution of


commence, and prosecute proceedings in eminent domain for the purpose of acquiring an interest

in real property from: Louis K. Cofrancesco and Evelyn Cofrancesco, Co-Trustees, of the Louis

K. Cofrancesco and Evelyn Cofrancesco Living Trust, dated August 12, 2013; Louann Mary

Cofrancesco, Trustee of the Louann Mary Cofrancesco Separate Property Trust, Dated

December 21, 2017; Carolyn Bryan, a married woman as her sole and separate property; and

Carol Najera, a married woman, as her sole and separate property (APN 0252-161-61)

(hereinafter “Cofrancesco Property”). The Resolution must be approved by at least a two-thirds

majority; and

7

Packet Pg. 164


October 15, 2020

Page 2


F. Upon completion of a public hearing, that the Board of Directors adopt the Resolution of


commence, and prosecute proceedings in eminent domain for the purpose of acquiring an interest

in real property from: Thrifty Oil Co., a California Corporation (APN 0253-171-16) (hereinafter

“Thrifty Oil Property”). The Resolution must be approved by at least a two-thirds majority.

Background:

On December 5, 2018, the San Bernardino County Transportation Authority (SBCTA) Board of

Directors (Board) approved Cooperative Agreement No. 18-1001962 with the County of

San Bernardino (County) which defined the roles and funding responsibilities for the

Right-of-Way (ROW) and Construction phases for the Interstate 10 (I-10) Cedar Avenue

Interchange Improvement Project (Project). Under this agreement, SBCTA is the lead agency for

the ROW phase with the County Real Estate Services Department (County RESD) acting as the

ROW agent. At the same meeting, the SBCTA Board authorized staff to complete the appraisal

of properties identified and to make offers of just compensation to the property owners for the

acquisition of property necessary for the Project.

The purpose of this agenda item is to present information regarding the upcoming Hearings for

Resolutions of Necessity for five (5) properties in which interests are needed for construction of

the Project. SBCTA’s ROW agent, County RESD, presented offers to each of the following

property owners:

Robert Eric Jimenez and Rachel Roselyn Jimenez, Trustees of the Family Trust of Robert

Eric Jimenez and Rachel Roselyn Jimenez Dated January 23, 1997;

Eduardo R. Alvarado and Maria L. Farias, husband and wife as joint tenants;

Darlene A. Boeche, as Trustee of that certain Irrevocable Declaration of Trust, known as

the Harold and Darlene Boeche Spouse’s By-Pass Trust; dated February 10, 2015;

Louis Cofrancesco and Evelyn A. Cofrancesco, Co-Trustees, of the Louis K. Cofrancesco

and Evelyn Cofrancesco Living Trust, dated August 12, 2013; Louann Mary

Cofrancesco, Trustee of the Louann Mary Cofrancesco Separate Property Trust, Dated

December 21, 2017; Carolyn Bryan, a married woman as her sole and separate property;

and Carol Najera, a married woman, as her sole and separate property; and

Thrifty Oil Co., a California Corporation.

Although negotiations are ongoing, dialogue with the property owners listed have not yet

resulted in settlements. Interests in these properties need to be acquired through eminent domain

which requires compliance with a statutorily-prescribed process. During the eminent domain

process, SBCTA’s ROW agent will continue to negotiate with the property owners and attempt

to achieve negotiated sales for the necessary property interests.

Support for the Resolutions of Necessity:

SBCTA is authorized to acquire property by eminent domain pursuant to the California Public

Utilities Code Sections 130220.5 and 130809(b)(4). Eminent domain will allow SBCTA to

obtain legal rights to the property interests needed for the Project if a negotiated sale cannot be

reached. A Resolution of Necessity is the first step in the eminent domain process. Since the

7

Packet Pg. 165


October 15, 2020

Page 3


process takes several months, it is necessary to start this process now to ensure that the property

interests are obtained to meet the scheduled start of construction in late 2021.

In order to adopt the Resolutions of Necessity, SBCTA must make four findings for each of the

property interests. The issue of just compensation for these property interests is not addressed by

these Resolutions of Necessity and is not to be considered at the hearings. The four necessary

findings are as described below.

1. The public interest and necessity require the Project.

The Project is located at I-10 Cedar Avenue in the unincorporated community of Bloomington

and is needed to address existing traffic operational deficiencies and congestion within the

project vicinity. The I-10 Cedar Avenue Interchange is the highest priority in the Measure I

2010-2040 Freeway Interchange Program. This location experiences high levels of traffic

congestion. The proposed improvements are necessary to increase traffic capacity and enhance

traffic operations and safety to reduce existing and forecasted congestion in the vicinity of the

interchange.

The project includes the following improvements:

Widen Cedar Avenue between Bloomington Avenue and Orange Street from 3 to 4 lanes

in each direction.

Widen I-10 Cedar interchange ramps.

Add turn lanes at the interchange intersections.

Widen I-10 Cedar Avenue overcrossing bridge.

Replace Cedar Avenue Union Pacific Railroad overhead bridge.

Rehabilitate pavement between Orange Street and Slover Avenue.

2. The Project is planned and located in the manner that will be most compatible with

the greatest public good and least private injury.

During the initial phase of the project development, four alternatives (alternatives 2A, 2B, 2C

and 2D) were identified in the Project Study Report. In the Project Approval and Environmental

Approval phase, alternatives 2B, 2C and 2D were eliminated taking into consideration the cost,

physical geometric constraints, traffic disruption, construction staging issues, and environmental

impacts of these alternatives. A new alternative (2E) was developed after the three alternatives

were eliminated. Upon further review by the project development team, alternative 2A was

selected as it has the least ROW impacts to the community in addition to other technical

advantages. Subsequent to the environmental approval of the Project, the selected alternative was

further revised to reduce the footprint of the Project based on a Supplemental Traffic Operations

Report prepared in 2016. The revised alternative further reduces the number of properties that

need to be acquired for the Project by avoiding the public school and private properties south of

Orange Street and along Slover Avenue. The current design minimizes the property required for

the Project, but still requires partial acquisitions, permanent easements, and temporary

construction easements in some areas. County RESD has had numerous communications with

the property owners about their needs in order to design the Project in a manner that causes the

7

Packet Pg. 166


October 15, 2020

Page 4


least private injury while accomplishing the greatest public good through construction of the

Project.

3. The properties sought to be acquired are necessary for the Project.

While some of the Project is being constructed within existing ROW, some acquisition from the

subject properties is needed to allow for existing roadbed widening, bridge replacement, sound

walls, drainage systems, and required utility relocations. For the subject properties, the following

ROW interests are required:

Jimenez Trust Property: A partial acquisition and a temporary construction

easement are needed from the Jimenez Trust Property. The partial acquisition is

needed for road pavement widening and relocation of sidewalk. The temporary

construction easement is needed for grading and reconstruction of the existing

driveway and sidewalk.

Alvarado/Farias Property: A partial acquisition and a temporary construction

easement are needed from the Alvarado/Farias Property. The partial acquisition is




Boeche Trust Property: A partial acquisition and a temporary construction

easement are needed from the Boeche Trust Property. The partial acquisition is




Cofrancesco Property: A temporary construction easement is needed from the

Cofrancesco Property. The temporary construction easement is needed for

construction of a soundwall.

Thrifty Oil Property: A slope easement is needed from the Thrifty Oil Property.

The slope easement is needed for placement of slopes due to the raised road

profile.

4. Offers required by Section 7267.2 of the Government Code have been made to the

owner or owners of record.

The permanent and temporary rights needed from the properties listed below were appraised and

offers for the full amount of the appraisals were made to the owner or owners of record in

accordance with Section 7267.2 of the Government Code.

The offer for the Jimenez Trust Property was sent on July 27, 2020.

The offer for the Alvarado/Farias Property was sent on July 27, 2020.

The offer for the Boeche Trust Property was sent on August 24, 2020.

The offer for the Cofrancesco Property was sent on August 25, 2020.

The offer for the Thrifty Oil Property was sent on July 27, 2020.

7

Packet Pg. 167


October 15, 2020

Page 5


Upon completion of the Project, SBCTA will transfer property interests acquired for this Project

to the County for those real property interests that will be incorporated into the County facility.

Financial Impact:

This item is consistent with the Fiscal Year 2020/2021 Budget under Task No. 0830 Interchange

Projects, Sub-Task No. 0897 I-10 Cedar Avenue Interchange.

Reviewed By:


committee. SBCTA General Counsel has reviewed this agenda item and the draft resolutions.

Responsible Staff:

Timothy Byrne, Project Delivery Manager

Approved



Witnessed By:

7

Packet Pg. 168

10/06/2020

1

Presenter: Tim ByrneSBCTA Project Delivery Manager

I-10 CEDAR AVENUE INTERCHANGE IMPROVEMENT PROJECT

RESOLUTION OF NECESSITYFOR PROJECT RIGHT-OF-WAY

Metro Valley Study SessionOctober 15, 2020

SBCTA Request

1. The public interest and necessity require theproposed project

2. The project is planned or located in a manner thatwill be most compatible with the greatest publicgood and the least private injury

3. The real property to be acquired is necessary forthe project

4. The offer of just compensation has been made tothe property owner

SBCTA IS REQUESTED TO MAKE THE FOLLOWING FINDINGS:

1

7.a

Packet Pg. 169

Att

ach

men

t: R

ON

Pre

sen

tati

on

(68

80 :

I-10

Ced

ar D

ry R

un

RO

Ns)

10/06/2020

2

Cedar Avenue Improvement Project

Interchange Improvements:• Widen/replace bridges• Improve intersections• Add lanes to off‐ramps• Add soundwalls/retaining walls• Replace pavement• Pedestrian improvements• Realign ramps

2

Parcel Overview3

7.a

Packet Pg. 170

Att

ach

men

t: R

ON

Pre

sen

tati

on

(68

80 :

I-10

Ced

ar D

ry R

un

RO

Ns)

10/06/2020

3

Jimenez Trust Property4

Alvarado/Farias Property5

7.a

Packet Pg. 171

Att

ach

men

t: R

ON

Pre

sen

tati

on

(68

80 :

I-10

Ced

ar D

ry R

un

RO

Ns)

10/06/2020

4

Boeche Trust Property6

Cofrancesco Property7

7.a

Packet Pg. 172

Att

ach

men

t: R

ON

Pre

sen

tati

on

(68

80 :

I-10

Ced

ar D

ry R

un

RO

Ns)

10/06/2020

5

Thrifty Oil Property8

Communication Summary

Item No. Ownership

Date of First Contact Mailings

In Person Meetings

Phone Contacts E‐Mails

Attorney Contacts

Unsuccessful Contacts * Total

B. Jimenez Trust 1/24/2020 1 1 2 3 4

C. Alvarado/Farias 1/24/2020 1 1 2 3 0 7

D. Boeche Trust 1/24/2020 1 2 2 3

E. Cofrancesco 1/24/2020 6 7 2 5 15

F. Thrifty Oil 1/24/2020 1 4 2 3 7

* Property visit, phone call and/or email with no response

Communication as of October 1, 2020

9

7.a

Packet Pg. 173

Att

ach

men

t: R

ON

Pre

sen

tati

on

(68

80 :

I-10

Ced

ar D

ry R

un

RO

Ns)

10/06/2020

6

Offer of Just Compensation

Item Ownership Offer Date

B. Jimenez Trust 7/27/2020

C. Alvarado/Farias 7/27/2020

D. Boeche Trust 8/24/2020

E. Cofrancesco 8/25/2020

F. Thrifty Oil 7/27/2020

10

Staff Recommendation

1. The public interest and necessity require theproposed project

2. The project is planned or located in a manner thatwill be most compatible with the greatest publicgood and the least private injury

3. The real property to be acquired is necessary forthe project

4. The offer of just compensation has been made tothe property owner

SBCTA ADOPT A RESOLUTION OF NECESSITY BASED ON THE FOLLOWING FINDINGS:

11

7.a

Packet Pg. 174

Att

ach

men

t: R

ON

Pre

sen

tati

on

(68

80 :

I-10

Ced

ar D

ry R

un

RO

Ns)

10/06/2020

7

THANK YOU

7.a

Packet Pg. 175

Att

ach

men

t: R

ON

Pre

sen

tati

on

(68

80 :

I-10

Ced

ar D

ry R

un

RO

Ns)


Minute Action

AGENDA ITEM: 8


Subject:

Monte Vista Grade Separation - Amendment No. 3 to Contract No. 15-1001298

Recommendation:



meeting:

A. Approve Amendment No. 3 to Contract No. 15-1001298 with Simon Wong Engineering,

Inc., a wholly-owned subsidiary of Kleinfelder, Inc., for Construction Management Services for

the Monte Vista Grade Separation Project to extend the contract expiration to

December 31, 2022, and increase the contract amount by $70,000, for a new total not-to-exceed

amount of $3,435,020.

B. Approve waiver of the five-year maximum contract duration in Policy No. 11000, and

authorize extension of the contract duration beyond the five-year limit in order to provide

sufficient time to complete all anticipated work activities.

Background:

Contract No. 15-1001298 was awarded to Simon Wong Engineering, Inc., a wholly-owned

subsidiary of Kleinfelder, Inc. (Simon Wong Engineering) in the amount of $2,968,200, in

January 2016, for Construction Management Services on the Monte Vista Grade Separation

Project (Project).

In December 2017, Amendment No. 1 was executed to implement the agency’s name change

from San Bernardino County Transportation Commission (SBCTC), or San Bernardino

Associated Governments (SANBAG), to San Bernardino County Transportation Authority

(SBCTA) and to update the insurance requirements.

In November 2019, Amendment No. 2 was executed to extend the expiration date to

December 31, 2020, to allow sufficient time for physical construction completion, correction of

the final pay estimate, and preparations of the as-built plans. The amendment also increased the

contract amount by $100,000, to cover additional costs associated with the extended contract

duration. Between 2018 and 2019, several contingency releases were processed in the amount of

$296,820, to cover the cost for additional construction testing and an unanticipated construction

duration extension related to Southern California Edison and the retaining wall backfill material.

The construction phase of the Project was completed in spring 2020; however, the contractor

submitted two claims totaling $3.5 million, which will lengthen the Project close-out process and

require additional services by the construction manager for assisting through the arbitration

process. This amendment will extend the contract two years, beyond the five-year limit, to

December 31, 2022, and also increase the contract amount by $70,000, to cover the activities

necessary for responding to the contractor’s claims and the associated close-out process.

The increased cost for this amendment is still within the limits of the cooperative agreement

between the City of Montclair and SBCTA which specifies the Project funding sources and

8

Packet Pg. 176


October 15, 2020

Page 2


amounts. This Project is funded with a variety of Federal, State, and local funds including

Measure I and City of Montclair funds. If the final resolution of the claims is settled at or close

to the submitted amount, an amendment to the cooperative agreement would be needed at that

time.

This agenda item recommends approval of the additional contract amount and also recommends

a waiver to the five-year contract term limitation in Policy No. 11000, in order to complete all

the needed scope activities including arbitration and project close-out support.

In accordance with Policy No. 11000, staff has confirmed the adequacy of performance by

Simon Wong Engineering to be professional, responsive, and efficient. There are no new scope

of work items associated with this amendment.

Financial Impact:

This item is consistent with the Fiscal Year 2020/2021 Budget under Task No. 0840 Grade

Separation Projects, Sub-Task No. 0868 Monte Vista Grade Separation.

Reviewed By:



this item and the draft amendment.

Responsible Staff:

Henry Stultz, Construction Manager

Approved



Witnessed By:

8

Packet Pg. 177

Fund Prog Task

Sub-

Task PA Level

GL: 6010 40 0840 0868 650

GL: 4130 40 0840 0868 650

GL: 6010 40 0840 0868 650

GL:

GL:

GL:

GL:

GL:

GL:

GL:

Accounts Payable

Object Revenue

-

-

Expiration Date:

-

-

State/Local Construction Management

No Budget Adjustment

-$

No

Revenue Code Name

N/A YesNHS: QMP/QAP: Prevailing Wage:


3,435,020.00$

1,584,084.00

1,049,265.00

801,671.00

-

-

-

53701


Paula Beauchamp


Other Contracts

Current Amendment


-$

-$

296,820.00$

Description: CM Services Monte Vista Avenue Grade Separation Project


2,968,200.00$

Prior Amendments

Original Contract

(296,820.00)$ 396,820.00$

-

-

53701

42414004


Dollar Amount



12/31/2020

Current Amendment 70,000.00$


15-1001298

Revised Expiration Date: 12/31/2022



Prior Amendments

02864



Additional Notes: All contingency of $296,820 was previously released and moved to the contract side under prior amendments. Should the

project result in construction savings, all PUC and/or UPRR Buydowns should be invoiced first, when seeking reimbursement.

41100000

42414008

Juan Lizarde

Date: Item #

53701 - City DIF

-

MSI Grade Sep

PUC

-

-

-

-

-

-


Vendor No.:


01/06/2016

Contract No: 3

NoSole Source?

Amendment No.:

Department:

Vendor Name: Kleinfelder/Simon Wong Engineering

Form 200 11/2019 1/1

8.a

Packet Pg. 178

Att

ach

men

t: C

SS

15-

1001

298-

3 [R

evis

ion

1]

(69

03 :

Mo

nte

Vis

ta G

rad

e S

epar

atio

n -

Am

end

men

t N

o. 3

to

Co

ntr

act

No

. 15-

1001

298)

15-1001298-03 Page 1 of 2

AMENDMENT NO. 3 TO CONTRACT NO. 15-1001298

FOR

CONSTRUCTION MANAGEMENT SERVICES FOR THE MONTE VISTA AVENUE

GRADE SEPARATION PROJECT

(SIMON WONG ENGINEERING, INC. A WHOLLY-OWNED SUBSIDIARY OF

KLEINFELDER, INC.)

This Amendment No. 3 to Contract No. 15-1001298 is made by and between Simon Wong

Engineering, Inc. A Wholly-Owned Subsidary of Kleinfelder, Inc. (“CONSULTANT”) and the

San Bernardino County Transportation Authority (“SBCTA”). CONSULTANT and SBCTA are

each a “Party” and collectively “Parties”.

RECITALS:

A. SBCTA under Contract No. 15-1001298 engaged the services of CONSULTANT to

provide Construction Management Services for the Monte Vista Avenue Grade

Separation Project (“Contract”); and

B. Parties executed Amendment No. 1 in December 2017 to modify the insurance provisions

(Article 19.2.10), and implement the agency name change from San Bernardino County

Tranportation Commission (SBCTC) to San Bernardino County Tranportation Authority

(SBCTA); and

C. Parties executed Amendment No. 2 in November 2019 to modify Article 4, “Performance

Period” extending the contract term to December 31, 2020; and Article 5, “Allowable

Costs and Payments” increasing the contract amount by $100,000; and

D. SBCTA released contingency in the amount of $296,820 between 2018 and 2019 due to

unanticipated extension of the construction duration and additional testing requirements

for the CIDH piles; and

E. Parties desire to amend the Contract to modify Article 4, Performance Period” extending

the contract by two years to December 31, 2022, and Article 5, “Allowable Cost and

Payment” increasing the contract amount by $70,000..

NOW, THEREFORE, in consideration of the terms and conditions set forth herein, the Parties

agree as follows:

1. Article 4 Performance Period, Section 4.1 is amended in its entirety to read as follows:

4.1 This Contract shall go into effect on January 6, 2016, contingent upon approval by

SBCTA’s Awarding Authority, and CONSULTANT shall commence Work after

written notification to proceed by SBCTA’s Procurement Analyst. The Contract shall

end on December 31, 2022, unless extended by written amendment.

2. Article 5 Allowable Cost and Payments, Section 5.1 is amended in its entirety to read as

follows:

“5.1 Total compensation to CONSULTANT for full and complete performance of the

Work in compliance with all the terms and conditions of this Contract shall be on a

8.b

Packet Pg. 179

Att

ach

men

t: 1

5-10

0129

8_A

men

d-3

[R

evis

ion

2]

(69

03 :

Mo

nte

Vis

ta G

rad

e S

epar

atio

n -

Am

end

men

t N

o. 3

to

Co

ntr

act

No

. 15-

1001

298)

15-1001298-03 Page 2 of 2

Specified Rates of Compensation basis for all obligations incurred in, or

application to, Consultant’s performance of Work and for which CONSULTANT

shall furnish all personnel, facilities, equipment, materials, supplies, and services

(except as may be explicitly set forth in this Contract as furnished by SBCTA), and

shall not exceed $3,435,020.00 unless authorized by a contract amendment.”

3. All references in the Contract to Allowable Costs and Payments shall mean the

Allowable Costs and Payments in Exhibit B (also referred to as Attachment B) and

Exhibit B-1, attached to and incorporated into this Amendment No. 3.

4. The Recitals set forth above are incorporated herein by this reference.

5. Except as amended by this Amendment No. 3, all other provisions of the Contract, and

amendments thereto, shall remain in full force and effect and are incorporated herein by

this reference.

6. The Amendment No. 3 is effective upon execution by SBCTA.

IN WITNESS WHEREOF, the parties have duly executed this Amendment No. 3 below.

SIMON WONG ENGINEERING, INC. A

WHOLLY-OWNED SUBSIDARY OF

KLEINFELDER, INC.

By: ____________________________

Marc McIntyre

Vice President

Principal in Charge

Date: ____________________________

SAN BERNARDINO COUNTY

TRANSPORTATION AUTHORITY

By: ____________________________

Frank J. Navarro

Board President

Date: ____________________________

APPROVED AS TO FORM:

By: ____________________________

Juanda Daniel


Date: ____________________________

CONCURRENCE:

By: ____________________________

Jeffery Hill

Procurement Manager

Date: ____________________________

8.b

Packet Pg. 180

Att

ach

men

t: 1

5-10

0129

8_A

men

d-3

[R

evis

ion

2]

(69

03 :

Mo

nte

Vis

ta G

rad

e S

epar

atio

n -

Am

end

men

t N

o. 3

to

Co

ntr

act

No

. 15-

1001

298)

SBCTAMonte Vista Grade Separation Project

CM Services

Exhibit B

Specific Rate of Compensation (use for on call or As‐ Needed contracts)

(Consruction Engineering and Inspection Contracts)

SIMON WONG ENGINEERING, INC. Hours Cost

Labor Costs 8882 1,345,226.93$

Other Direct Costs 37,010.00$

Sub total 8882 1,382,236.93$

DHS

Labor Costs 3649 787,548.49$

Other Direct Costs ‐$

Sub total 3649 787,548.49$

Dynamic Engineering Services, Inc.

Labor Costs 168 24,214.10$


Sub total 168 24,214.10$

ZT Consulting Group

Labor Costs 494 76,290.43$


Sub total 494 90,940.43$

CLMPS

Labor Costs 168 26,363.88$


Sub total 168 26,363.88$

Kleinfelder

Labor Costs 1410 247,836.52$


Sub total 1410 360,797.31$

PSOMAS

Labor Costs 2422 336,098.86$


Sub total 2422 346,098.86$

Contract Totals

Contract Grand Total Amount 17193 3,018,200.00$

Form 351 ‐ Specific Rate of

Compensation Cost Proposal Prime Consultant ‐ Simon Wong Engineering 11/13/2015

8.c

Packet Pg. 181

Att

ach

men

t: 1

5-10

0129

8 E

xhib

it B

(69

03 :

Mo

nte

Vis

ta G

rad

e S

epar

atio

n -

Am

end

men

t N

o. 3

to

Co

ntr

act

No

. 15-

1001

298)

Hours Costs Hours Costs Hours Costs Hrs Costs

26 5,547.88$ 27 4,290.30$ 26 7,672.86$ 79 17,511.04$

26 5,547.88$ 27 4,290.30$ 26 7,672.86$ 79 17,511.04$

26 5,547.88$ 27 4,290.30$ 26 7,672.86$ 79 17,511.04$

26 5,547.88$ 26 4,131.40$ 26 7,672.86$ 78 17,352.14$

104 22,191.52$ 107 17,002.30$ 104 30,691.44$ 315 69,885.26$

NOPC 4 Write Up

NOPC 4 Deposition

TOTALS

TotalsMark Plotnikiewicz

Rate: $213.38

Ben Rhode

Rate: $158.90

Melanie Estes

Rate: $295.11

NOPC 1 Deposition

Contract 15-1001298 CM Services Monte Vista Avenue Grade Separation

Amendment #2

Arbitration Support Services

Tasks

NOPC 1 Write Up

9/8/2020 Page 1

8.d

Packet Pg. 182

Att

ach

men

t: 1

5-10

0129

8_A

men

dm

ent-

3_E

xhib

it B

-1 (

6903

: M

on

te V

ista

Gra

de

Sep

arat

ion

- A

men

dm

ent

p0020629

Text Box

#3

p0020629

Typewritten Text

EXHIBIT B-1

BOARD OF DIRECTORS METRO VALLEY STUDY SESSION ATTENDANCE - 2020

X = member attended meeting. * = alternate member attended meeting. Empty box = Did not attend meeting Crossed out box = not a Board Member at the time. Shaded box = No meeting

VALLEY BOARD MEMBER ATTENDANCE

Name Jan Feb March April May June July Aug Sept Oct Nov Dec

Eunice Ulloa City of Chino X* X X X X X X

Ray Marquez City of Chino Hills X X X X X X X

Frank Navarro City of Colton X X X X X X X

Aquanetta Warren City of Fontana X X X X X X X

Darcy McNaboe City of Grand Terrace X X X X X X X

Larry McCallon City of Highland X X X X X X X

Rhodes ‘Dusty’ Rigsby City of Loma Linda X X X X

John Dutrey City of Montclair X X X X X X X

Alan Wapner City of Ontario X X X X X X X

L. Dennis Michael City of Rancho Cucamonga X X X X X

Toni Momberger City of Redlands X X X X X X

Deborah Robertson City of Rialto X X

John Valdivia City of San Bernardino X X X X X X X

Debbie Stone City of Upland X

Packet Pg. 183

Co

mm

un

icat

ion

: A

tten

dan

ce (

Ad

dit

ion

al In

form

atio

n)

BOARD OF DIRECTORS METRO VALLEY STUDY SESSION ATTENDANCE - 2020

X = member attended meeting. * = alternate member attended meeting. Empty box = Did not attend meeting Crossed out box = not a Board Member at the time. Shaded box = No meeting

VALLEY BOARD MEMBER ATTENDANCE (Cont.)

MOUNTAIN/DESERT BOARD MEMBER ATTENDANCE

**The intent of this study session is to consider matters within the Valley Subarea. However, the meeting is open to participation from representatives of the Mountain/Desert Subarea. Absenteeism will only be attributed to those representatives from the Valley Subarea.

David Avila City of Yucaipa X X X X X

Curt Hagman Board of Supervisors X X X X X X X

Dawn Rowe Board of Supervisors X X X X X X X

Janice Rutherford Board of Supervisors X X X X X

Josie Gonzales Board of Supervisors X X X X

Art Bishop Town of Apple Valley X X X X

Bill Jahn City of Big Bear Lake X X X X X X X

Julie McIntyre City of Barstow X

Rebekah Swanson City of Hesperia X

Rick Denison Town of Yucca Valley X X X X X

Packet Pg. 184

Co

mm

un

icat

ion

: A

tten

dan

ce (

Ad

dit

ion

al In

form

atio

n)

3/16/17 Acronym List 1 of 2

This list provides information on acronyms commonly used by transportation planning professionals. This information is provided in an effort to assist Board Members and partners as they participate in deliberations at Board meetings. While a complete list of all acronyms which may arise at any given time is not possible, this list attempts to provide the most commonly-used terms. Staff makes every effort to minimize use of acronyms to ensure good communication and understanding of complex transportation processes.

AB Assembly Bill ACE Alameda Corridor East ACT Association for Commuter Transportation ADA Americans with Disabilities Act ADT Average Daily Traffic APTA American Public Transportation Association AQMP Air Quality Management Plan ARRA American Recovery and Reinvestment Act ATMIS Advanced Transportation Management Information Systems BAT Barstow Area Transit CALACT California Association for Coordination Transportation CALCOG California Association of Councils of Governments CALSAFE California Committee for Service Authorities for Freeway Emergencies CARB California Air Resources Board CEQA California Environmental Quality Act CMAQ Congestion Mitigation and Air Quality CMIA Corridor Mobility Improvement Account CMP Congestion Management Program CNG Compressed Natural Gas COG Council of Governments CPUC California Public Utilities Commission CSAC California State Association of Counties CTA California Transit Association CTC California Transportation Commission CTC County Transportation Commission CTP Comprehensive Transportation Plan DBE Disadvantaged Business Enterprise DEMO Federal Demonstration Funds DOT Department of Transportation EA Environmental Assessment E&D Elderly and Disabled E&H Elderly and Handicapped EIR Environmental Impact Report (California) EIS Environmental Impact Statement (Federal) EPA Environmental Protection Agency FHWA Federal Highway Administration FSP Freeway Service Patrol FRA Federal Railroad Administration FTA Federal Transit Administration FTIP Federal Transportation Improvement Program GFOA Government Finance Officers Association GIS Geographic Information Systems HOV High-Occupancy Vehicle ICTC Interstate Clean Transportation Corridor IEEP Inland Empire Economic Partnership ISTEA Intermodal Surface Transportation Efficiency Act of 1991 IIP/ITIP Interregional Transportation Improvement Program ITS Intelligent Transportation Systems IVDA Inland Valley Development Agency JARC Job Access Reverse Commute LACMTA Los Angeles County Metropolitan Transportation Authority LNG Liquefied Natural Gas LTF Local Transportation Funds

Packet Pg. 185

Co

mm

un

icat

ion

: A

cro

nym

Lis

t (

Ad

dit

ion

al In

form

atio

n)

3/16/17 Acronym List 2 of 2

MAGLEV Magnetic Levitation MARTA Mountain Area Regional Transportation Authority MBTA Morongo Basin Transit Authority MDAB Mojave Desert Air Basin MDAQMD Mojave Desert Air Quality Management District MOU Memorandum of Understanding MPO Metropolitan Planning Organization MSRC Mobile Source Air Pollution Reduction Review Committee NAT Needles Area Transit NEPA National Environmental Policy Act OA Obligation Authority OCTA Orange County Transportation Authority PA&ED Project Approval and Environmental Document PASTACC Public and Specialized Transportation Advisory and Coordinating Council PDT Project Development Team PNRS Projects of National and Regional Significance PPM Planning, Programming and Monitoring Funds PSE Plans, Specifications and Estimates PSR Project Study Report PTA Public Transportation Account PTC Positive Train Control PTMISEA Public Transportation Modernization, Improvement and Service Enhancement Account RCTC Riverside County Transportation Commission RDA Redevelopment Agency RFP Request for Proposal RIP Regional Improvement Program RSTIS Regionally Significant Transportation Investment Study RTIP Regional Transportation Improvement Program RTP Regional Transportation Plan RTPA Regional Transportation Planning Agencies SB Senate Bill SAFE Service Authority for Freeway Emergencies SAFETEA-LU Safe Accountable Flexible Efficient Transportation Equity Act – A Legacy for Users SCAB South Coast Air Basin SCAG Southern California Association of Governments SCAQMD South Coast Air Quality Management District SCRRA Southern California Regional Rail Authority SHA State Highway Account SHOPP State Highway Operations and Protection Program SOV Single-Occupant Vehicle SRTP Short Range Transit Plan STAF State Transit Assistance Funds STIP State Transportation Improvement Program STP Surface Transportation Program TAC Technical Advisory Committee TCIF Trade Corridor Improvement Fund TCM Transportation Control Measure TCRP Traffic Congestion Relief Program TDA Transportation Development Act TEA Transportation Enhancement Activities TEA-21 Transportation Equity Act for the 21st Century TMC Transportation Management Center TMEE Traffic Management and Environmental Enhancement TSM Transportation Systems Management TSSDRA Transit System Safety, Security and Disaster Response Account USFWS United States Fish and Wildlife Service VCTC Ventura County Transportation Commission VVTA Victor Valley Transit Authority WRCOG Western Riverside Council of Governments

Packet Pg. 186

Co

mm

un

icat

ion

: A

cro

nym

Lis

t (

Ad

dit

ion

al In

form

atio

n)

mission.doc

MISSION STATEMENT

Our mission is to improve the quality of life and mobility in San Bernardino County. Safety is the cornerstone of all we do. We achieve this by: • Making all transportation modes as efficient, economical, and

environmentally responsible as possible. • Envisioning the future, embracing emerging technology, and

innovating to ensure our transportation options are successful and sustainable.

• Promoting collaboration among all levels of government. • Optimizing our impact in regional, state, and federal policy

and funding decisions. • Using all revenue sources in the most responsible and

transparent way.

Approved December 4, 2019

Packet Pg. 187

Co

mm

un

icat

ion

: M

issi

on

Sta

tem

ent

(A

dd

itio

nal

Info

rmat

ion

)

Agenda - Thursday, October 15, 2020 - SBCTAOct 12, 2019 · minutes or read into the record....

Documents

Transcript of Agenda - Thursday, October 15, 2020 - SBCTAOct 12, 2019 · minutes or read into the record....