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Agenda packet

Barstow City Council
October 7, 2025

Document
Agenda packet
Meeting
October 7, 2025
Body
Barstow City Council
Pages
52
Original file
34.0 MB
Text extracted from the city's file for reading and search. Open the original on barstowcityca.iqm2.com. That file is the official record.

LPP 15-01 January 14, 2015
 The project site is underlain by geologic units that are generally considered sensitive for paleontological resources at depths greater than five feet. However, it is assumed that a Paleontological Identification Report/Paleontological Evaluation Report (PIR/PER) followed by a Paleontological Mitigation Plan (PMP) will not be required for the proposed project. Paleontological resources are generally considered to be a CEQA concern (as evidenced by the fact that they are not addressed in the PES form) and will be addressed directly within the CEQA document using information obtained from the paleontological record search that will be obtained at the outset of the project, unless the CITY as the CEQA lead agency desires that a separate report be prepared. This scope of work does not include any paleontological evaluation or reporting.
 Traffic information provided to ICF shall contain 24-hour and hourly traffic counts separated by direction and vehicle classification (autos, medium trucks, heavy trucks) over at least three weekdays, along with AM/PM peak hour and average daily traffic (ADT) forecast traffic volumes for the existing/baseline condition, as well as the opening year and horizon year build and no-build conditions for all roadways affected by the proposed project. In addition, traffic information shall include posted speeds and average travel speeds for all project alternatives. Regional vehicle miles traveled (VMT) apportioned into 5-mph speed bins shall be provided for the baseline/existing condition, as well as the opening year build and nobuild conditions. The “regional VMT evaluation area” must be large enough to capture the project’s traffic redistribution effects.
 It is assumed that all rights-of-entry and access for field work and surveys, if required, shall be obtained and provided by the engineering team’s right-of-way consultant or the CITY.  Addresses for property owners and residents within 500 feet of the proposed project shall be provided by the engineering team’s right-of-way consultant.
 CADD files shall be provided in a known coordinate system or projection and attributes shall be provided on discrete layers so that this information can be utilized in GIS.  VIA will be prepared by Tatsumi & Partners. Key Observation Points (KOP) will be identified during a preliminary site visit and a digital photographic inventory will be established. Tatsumi will use the data gathered in the earlier tasks to subjectively measure each KOP (to and from) relative to the unity, intactness, and vividness of each view. The report will include photos to support these measurements.

Tatsumi will then develop a visual criteria matrix which will summarize the measurements of each view.

The purpose of this matrix will be to objectively compare the visual impacts to/from each KOP of the existing site versus the proposed project. Numerical scores will be given to each KOP. Any KOP falling below an established threshold will be identified for further mitigation measures.

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 Tatsumi will prepare a Draft Visual Impact Assessment based on the conclusions of the Visual Criteria Matrix. This report will include: justifications for the location of each KOP’s; photographs to and from each KOP; narrative describing the communities surrounding each KOP; the Visual Criteria Matrix; narrative describing the purpose of the Matrix; narrative describing the conclusions illustrated in the Matrix; and possible measures to mitigate any negative visual impacts resulting from the project. This report will be prepared in the established CALTRANS VIA format (using the format in effect as of the date of the Notice to Proceed for this phase) and under the direction of a California licensed landscape architect.
 Tatsumi will submit to KLF and the CITY the Draft Visual Impact Assessment for review and comment.

Upon receipt of the review comments, Tatsumi will revise the Visual Impact Assessment into a Final Visual Impact Assessment. Additionally, upon approval of any proposed mitigation measures, Tatsumi will prepare exhibits to illustrate these mitigation measures.  Public meetings (Scoping or informational meetings, or Public hearings) are not assumed or included.

Air Quality Report (WBS 165.10.30)
 The air quality technical report will provide the following discussions and analyses:
 Regulatory Setting and Existing Conditions. Summarize the existing federal, state, and local air quality regulatory environment as it affects the proposed project, and describe the location of sensitive receptors in the project vicinity. Using data provided by the California Air Resources Board (CARB) and the Mojave Desert Air Quality Management District (MDAQMD), characterize existing air quality conditions in the project area and explain how those conditions are affected by local climate and topography.  Evaluation of Construction Emissions. Based on current CALTRANS requirements, it is assumed that a quantitative construction analysis will be performed to evaluate regional and localized mass emissions. Based on preliminary construction scheduling and phasing information, construction emissions will be quantified using the Road Construction Emissions Model.
 Evaluation of Operations-Period Mass Emissions. Evaluate whether the project meets transportation conformity requirements by determining whether it is included, as currently defined, in the most recent Regional Transportation Plan (RTP) and Federal Transportation Improvement Program (FTIP) prepared by the Southern California Association of Governments (SCAG). Regional criteria pollutant emissions will be quantified using project-level VMT and EMFAC2011 emissions factors. In order to accomplish this scope item, ICF must receive project-level VMT apportioned into 5-mph speed-bins at opening year, under the build and no-build conditions.
 Localized Carbon Monoxide Hot Spot Analysis. Analyze the degree to which project-related traffic volumes have a potential to effect local carbon monoxide (CO) concentrations using the California

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Department of Transportation CO Hotspot Protocol. It is anticipated that the CO screening procedure will be appropriate and that CALINE-4 dispersion modeling will not be required.  Localized PM2.5/PM10 Hot Spot Analysis. Analyze the degree to which project-related traffic volumes have a potential to affect local PM2.5 and PM10 concentrations. Based on our review of the proposed Project Description, this project does not appear to be a Project of Air Quality Concern (POAQC) as defined by EPA and FHWA. As such, this scope and cost assumes that a screening-level analysis that evaluates mobile-source and re-entrained dust emissions will be required by CALTRANS to address PM2.5 and PM10.  Mobile Source Air Toxics. Evaluate proposed project-related mobile source air toxics (MSATs) emissions in accordance with FHWA interim guidance on how MSATs should be addressed in NEPA documents. It is assumed that extensive qualitative analyses would not be required to address MSATs. If an extensive quantitative analysis is required for the project, then a scope and cost estimate would be provided for this additional effort, however, such an analysis is not anticipated.  SCAG Transportation Conformity Working Group. The required Particulate Matter (PM) Conformity documentation will be completed and submitted to CALTRANS for forwarding to SCAG for inclusion on the agenda for determining if the PM conformity analysis is sufficient for NEPA circulation. It is assumed that a screening-level PM conformity analysis will be sufficient and that no additional analysis will be required related to the Transportation Conformity Working Group (TCWG) determination other than what is already included in this scope of work.
 Mitigation Measures. ICF will develop mitigation measures, where applicable, to address significant air quality impacts, if present.
 Air Quality Conformity Analysis Report and Checklist
 Under NEPA delegation, the federal air quality conformity determination has not been delegated to CALTRANS and must be made by FHWA. ICF will prepare a separate Air Quality Conformity Analysis using the annotated outline for this report on the SER at the time that the report is initiated and will also prepare the Conformity Checklist based on the checklist that is available on the SER at the time that the Air Quality Conformity Analysis Report is prepared.
 Environmental Commitments Record (WBS 165.10.75)
A project environmental commitments record (ECR) will be prepared in a matrix table format. The ECR will be submitted to the CITY and CALTRANS in hard copy and electronic form. The matrix table will include a description of each avoidance, minimization, and/or mitigation measure organized by topic numbered to correspond with the impacts. For each measure, the Reporting Process, Timing of Measure, Responsible Party, and Verification of Compliance will be identified through coordination with resource agencies and experience on other similar projects. The ECR will be included with the CE and as an appendix in the IS/MND and it is assumed that this document will be reviewed as part of the CITY and CALTRANS review of the CE and the CITY review of the IS/MND.

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 Deliverables:
 ECR (Included in Draft and Final IS/MND)
Jurisdictional Delineation Report (WBS 165.15.10)
Qualified ICF regulatory specialists will examine all relevant portions of the site and perform a routine-level delineation for the extent of potentially jurisdictional waters under both state and federal regulations.

Evaluation for federal wetlands will follow the applicable methods in the 1987 manual from the USACE and 2008 Arid West Supplement from USACE, along with subsequent supporting materials and applicable regulations, policy, and case law. Work will include data sampling for wetlands and completion of Arid West Region Wetland Determination forms and Ordinary High Water Mark (OHWM) data forms, as appropriate.

Clean Water Act jurisdiction will be documented assuming that a preliminary jurisdictional determination will be submitted, requiring approval from USACE. CDFW jurisdictional areas will be mapped to either topof-bank or to the drip line of the associated riparian canopy, whichever is greater. The study area for this work will include the proposed project footprint, which is assumed to include the proposed project alignment, proposed access and detour roads, and proposed staging/storage areas, along with a 200-foot buffer.

Evaluation of existing functions and values for jurisdictional areas will be addressed at a qualitative level; however, work will not include a functional or condition assessment (e.g., California Rapid Assessment Method). Mapping will be performed to reflect the delineated boundaries of any potentially jurisdictional waters and/or wetlands present. Photographs representative of relevant site conditions will be taken. As part of this task a Jurisdictional Delineation Report will be prepared that includes background information, delineation methods, and the results of this delineation in text, tabular, and graphical formats. The report will meet the standard requirements for a delineation report in the Los Angeles District of the USACE, Lahontan RWQCB, and Inland Deserts Region of CDFW. A one-day field determination with the USACE, RWQCB, and/or CDFW is included. This scope of work includes 12 hours for preliminary coordination with resource agencies and development of a permitting strategy. Based on the results of this task, a scope and cost for preparation and processing of these permits can be provided by ICF if requested. Obtaining regulatory permits is not included in this scope of work.
 It is assumed that the CITY or KLF will provide all access rights necessary to perform the above identified tasks.

Natural Environment Study (WBS 165.15.20)
ICF will conduct a literature search, perform field surveys, and prepare an NES report analyzing potential impacts to biological resources. The report will be prepared in accordance with CALTRANS SER guidance and will conform to the CALTRANS NES annotated outline that is available at the time that the NES is initiated. The following tasks will be performed during the preparation of the reports:

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Review of Project Information and Applicable Literature A literature review will be conducted to identify special-status species known or reported from the project area. The literature review will include:
1) Special status species lists from the CDFW and USFWS 2) Database searches of current versions of the California Natural Diversity Database (CNDDB) and the Online Inventory of the California Native Plant Society (CNPS) 3) The most recent applicable Federal Register listing package and critical habitat determination for each federally listed endangered or threatened species potentially occurring within the project site 4) The most recent CDFW Annual Report on the status of California’s listed threatened and endangered plants and animals
5) Other available biological studies conducted in the vicinity of the project site Field Evaluation for Biological Resource Constraints
After reviewing relevant information, the project area will be evaluated with a thorough walkover covering all portions relevant to potential biological resource constraints. Detailed field notes will be compiled including conditions, visible disturbance factors, species, habitats, and more general biological resource issues observed or detected. The site will be evaluated regarding the presence, absence, or likelihood of occurrence for all special status species, habitats, or more general biological resource issues potentially posing a constraint to the project through applicable laws and regulations. Adjacent areas will also be briefly examined to provide context. It is assumed that access shall be provided by the CITY or KLF for the field surveys. If focused habitat evaluations or surveys for any species other than those included in this scope of work are required, then this will be communicated to the CITY or KLF immediately and a separate scope and cost for this work will be provided. The study area is assumed to be the proposed project footprint plus 300 feet (where access is permissible).

This task includes evaluations/determinations for the following potential resource issues:
 Habitat Evaluation and Focused Survey for Burrowing Owl –A qualified biologist will perform an evaluation of the potential for Burrowing Owl (Athene Cunicularia) to occur. All areas to be evaluated will be examined carefully for habitat characteristics and disturbance factors. The study area for this work is assumed to be the proposed project footprint and a 300-foot buffer, as accessible to ICF. An additional 200-foot buffer beyond the 300-foot buffer will be visually assessed only. This scope and cost assume that the CITY or KLF will be responsible for providing access. Potentially suitable habitat will be mapped including potential burrows. No permits are required to perform a habitat evaluation, but the biologist must be experienced with the species’ biology, identification of direct and indirect sign, and

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physical characteristics of potentially suitable habitat. Habitat evaluations for this species can be performed any time of year. The results will be directly incorporated into the NES.

This scope of work assumes that a focused survey for Burrowing Owl will be required. The proposed alignment crosses approximately 50 acres of open land. The results of the focused survey for Burrowing Owl will be directly incorporated into the NES and will follow the current CDFW protocol for the species. Four visits will be conducted with at least one visit between 15 February and 15 April, and a minimum of three survey visits, at least three weeks apart, between 15 April and 15 July, with at least one visit after 15 June.
 Habitat Evaluation and Focused Survey for Desert Tortoise – Desert Tortoise (Gopherus Agassizii), a federally listed species, is known within the vicinity of the project site. A review of the site for potential Desert Tortoise habitat will be performed by a qualified biologist. Any potential habitat found for Desert Tortoise will be mapped. If no potential for Desert Tortoise is found, results of this evaluation will be provided in the NES.
 If potential habitat for Desert Tortoise is present, focused surveys will be conducted during the time that desert tortoises are most active (April through May or September through October) when air temperatures measured at approximately 5 centimeters above the soil surface in full sun are under 104 degrees Fahrenheit. Surveys of the project site, along with a 300-foot buffer, deemed as the Action Area, will consist of 10-meter belt transects, yielding 100% coverage. If no desert tortoises are found during the 100% coverage survey, three additional 10-meter belt transects would be conducted at 200, 400, and 600- meter intervals, from the perimeter of the project site. All Desert Tortoise sign (scat, burrows, carcasses) observed will be recorded using USFWS 2010 Desert Tortoise Pre-Project Survey Data Sheets. The additional 200, 400, and 600-meter transects are assumed for this scope of work. Results of the Desert Tortoise survey will be incorporated into the NES as well as in a 45-day report per the biologist’s permit requirements.
 Mohave Ground Squirrel Habitat Evaluation and Focused Survey – A survey for this species will occur within potentially suitable habitat. Under the current survey guidelines (CDFW 2003), potential habitat is, “land supporting desert shrub vegetation within or adjacent to the geographic range of the species.” An initial step will be a visual survey to evaluate Mohave Ground Squirrel (MGS) activity and the quality and location of habitat. Based on examination of aerial images and for cost purposes we assume that trapping would only occur in one location along the proposed alignment. We recommend early discussion with CDFW to confirm their requirements and to determine if they have current data in the project area. For this proposal we assume that a trapping survey following the 2003 guidelines will be required as follows.

The visual survey to evaluate MGS activity and habitat quality will occur from 15 March to 15 April.

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Any MGS detected will be mapped. If no MGS are detected, standard small mammal trapping grids will be established. The sampling grid design, traps, and biologist effort will follow the 2003 guidelines. This will include placing traps in 4 by 25 grids for five consecutive days in each of up to three terms defined in the protocol. The traps will be fully monitored by a qualified biologist with all relevant authorizations.

Within potential habitat in the study area, grids will be established in each linear mile, or fraction thereof, with up to two grid locations. During the survey traps will be maintained and kept open or closed according to conditions and periods as described in the protocol, and all stipulated data recorded. Results will be directly incorporated into the NES and a 45-day report to CDFW per the biologist’s Memorandum of Understanding.
 Focused Survey for Mohave Fringe-toed Lizard – Mohave Fringe-toed Lizard (Uma Scoparia; MFTL), a state Species of Special Concern, is known within the vicinity of the project site. Although this species is not listed by the state, it has been given a high-level of scrutiny by CDFW in the last few years. There is no formal CDFW protocol for this species. It has been our experience that CDFW recommends following the protocol for the Coachella Valley Fringe-toed Lizard (Uma Inornata). The survey will be performed on six separate days. The entire study area (project Limits of Disturbance and a 200-foot buffer) will be surveyed using transects spaced five (5) meters apart. The surveys must occur between April and October (inclusive of both months) between 7:30 - 11:00 a.m. when the temperature one (1) centimeter above the open (unshaded) sand surface is greater than 95 degrees Fahrenheit and less than 110 degrees Fahrenheit (35 to 43 degrees Celsius). At least two or more surveyors will be working together. The surveyors will tap vegetation (without damaging it) to try and get the lizards to flush. One person will focus on the substrate/habitat 30-40 meters in front while the other one focuses in the area 2-10 meters in front.

Surveys will be conducted only when winds are 10 mph or less and it is not raining. The survey route will be recorded using a GPS unit. Surveys do not have to continue for all six times once a MFTL is found. It is assumed that MFTL will not be found during the surveys.  Habitat Evaluation and Focused Survey for Special Status Plants – Several species of special-status plants have been documented in the area of the project site. Key species to survey include chaparral sandverbeana, Barstow woolly sunflower, spiny-hair blazing start, creamy blazing star, Mojave monkeyflower, Beaver Dam breadroot, and Parish’s phacelia. The study area for this work is assumed to include the proposed project footprint and a 200-foot buffer. This scope and cost assume that CITY or KLF will be responsible for providing access. A qualified biologist who is familiar with the habitat needs and identification of rare plants with potential for occurrence in the region will perform the evaluation and determine whether a focused survey is necessary. The results will be directly incorporated into the NES.

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We have assumed in this scope of work that a focused survey will be necessary. Due to differing seasonal windows among plant species, we have assumed a total of five visits to cover the survey window. Results of focused survey work will be directly incorporated into the NES.

Technical Report Preparation
A draft NES will be developed based on results of the biological surveys and analysis and will conform to the current CALTRANS NES annotated outline, as previously described. The report will describe:
a) The study methods used in identifying and assessing the biological resources at the project site, the personnel who conducted the studies, contacts made with agencies, and any limitations associated with the study
b) The environmental setting including both the biological and physical setting at the project site; c) The results, including special-status species present on the site, if any, and a discussion of impacts and mitigation, as necessary
The appropriate regulatory requirements and necessary permits, if any Historic Property Survey Report (WBS 165.20)
The proposed project improvements will be subject to compliance with Section 106 of the National Historic Preservation Act (NHPA). This requires consideration of potential project effects to historic properties including archaeological and historical resources listed in or eligible for listing in the National Register of Historic Places (NRHP) according to criteria listed in 36 CFR800. CALTRANS administers Section 106 compliance on behalf of FHWA and requires that documentation conform to specifications contained in CALTRANS Standard Environmental Reference. As of January 1, 2004, cultural resource studies must be prepared and processed in accordance with the Programmatic Agreement among the Federal Highway Administration, the Advisory Council on Historic Preservation, the California State Historic Preservation Officer, and the California Department of Transportation Regarding Compliance with Section 106 of the National Historic Preservation Act, as it Pertains to the Administration of the Federal-Aid Highway Program In California.

ICF shall conduct a records search at the Information Center of the California Historical Resources Information System and through the Sacred Lands File at the Native American Heritage Commission. This records search will consult California’s database of previous studies and previously recorded sites within the proposed project area and within a 0.5-mile radius, per CALTRANS guidelines. Historic maps and photographs shall also be reviewed, if available. ICF shall establish an Area of Potential Effect (APE) map in consultation with the CITY and CALTRANS for obtaining CALTRANS approval. The map shall provide the survey boundaries for cultural

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resources to be evaluated during project studies. The APE map shall be based on the total anticipated disturbance footprint associated with project activities (e.g., road widening/interchange construction, staging areas and other temporary construction easements, detours, drainage facilities, temporary construction activities, and parcels containing impacted structures, if any). ICF will also contact the Native American Heritage Commission and consult with Native American groups and other interested parties to request information regarding the types of potential cultural resources in the study area. Consultation will be conducted in accordance with appropriate current state and federal regulations.

Following completion of the record search/review, ICF shall conduct a field survey of the APE for archaeological resources. It is assumed that the CITY or KLF will be responsible for obtaining access for conducting the surveys. This scope of work assumes that no archaeological sites will be identified in the APE and that no testing and/or evaluation will be required. It is anticipated that an Archaeological Survey Report (Finding of No Archaeological Resources Present) will be prepared and no additional documentation will be required.

An ICF qualified architectural historian will conduct a field survey of the proposed project area to record buildings, structures, and historic features through photography and written descriptions. Based on a review of aerial maps, it has been noted that the Harvey House Railroad Depot, located at 685 N. 1st Avenue, is listed on the NRHP. The Mojave River Bridge is listed in the CALTRANS Historic Bridge Inventory as a Category 5 bridge (Not Eligible for Listing on the NRHP) and therefore it is assumed that it is not NRHP eligible. Based on available information, it does not appear that any resource will be removed or otherwise directly impacted by the proposed undertaking. Although the project limits of disturbance touch the driveways to the Harvey House parking lot, the limits of disturbance are still 150 feet away from the Harvey House itself. The proposed bridge is approximately 25 feet above the Mojave river bed, which does not appear to be so substantial a height to be a potential viewshed impact upon the Harvey House Depot or its associated features. Additionally, aside from the Category 5 bridge, no buildings, structures or objects over 50 years old appear to be present within the project limits. The closest buildings to project limits are the previously mentioned Harvey House and a small infrastructure complex within the project limits on Crooks Avenue that appears to be recent. As per these circumstances, no Historic Resources Evaluation Report (HRER) is assumed to be prepared. It is also assumed that a Finding of Effect (FOE) and Memorandum of Agreement (MOA) will not be required. If an FOE and MOA, or HRER, are required then a scope and cost for this effort will be provided to the CITY and KLF for approval prior to conducting this work.

Following completion and approval of the APE and detailed reports discussed above, a summary document, the Historic Property Survey Report (HPSR), shall be generated in accordance with CALTRANS/FHWA standards for Section 106 compliance with the NHPA.

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Task 4: Environmental Report
Environmental Document (Draft) (WBS 165.25)
As previously described it is assumed that the appropriate document for the proposed project would be an IS/MND and NEPA CE. If a higher level CEQA or NEPA document is identified as the appropriate document for the proposed project based on the technical analyses performed, then this will be communicated to the CITY and KLF; a scope and cost for performing this work will be submitted. However, based on our review of the proposed project this is not anticipated.

The IS/MND will be prepared by ICF using a CITY-approve format (assumed to be the CEQA Checklist).

To reduce iterations of the document, ICF will conduct a revision workshop with the CITY, if needed, to facilitate completion of the document following the review of the Draft IS/MND, if comments still remain after this review. The following submittals are assumed.

Deliverables:
 Administrative Draft IS/MND (2 hard copies and electronic copy to the CITY)  Draft IS/MND (2 hardcopies and electronic copy to the CITY)  Final Draft IS/MND for CITY approval (2 hard copies and electronic copy to the CITY)  ECR (included as an appendix in each submittal of the IS/MND)  30 hard copies and one electronic (PDF) final Draft IS/MND for availability (this includes the 15 copies for submittal to the State Clearinghouse)
Section 4(f) (WBS 165.25.10)
A Section 4(f) analysis will be performed to ascertain potential impacts to resources within the project corridor and vicinity that are afforded protection under Section 4(f) of the U.S. Department of Transportation Act of 1966 (Act). Specifically, resources afforded protection under Section 4(f) of the Act include publicly owned land of a public park, recreation area; a wildlife and waterfowl refuge of national, state, or local significance; or land of an historic site of national, state, or local significance (as determined by the federal, state, or local officials having jurisdiction over the park, area, refuge, or site).

Based on preliminary investigations it is assumed that one Section 4(f) resource (the Harvey House) would need to be evaluated under Section 4(f). It is further assumed that the project will be determined to have “no adverse effect” on this resource and that a de minimis Section 4(f) will be processed. No separate noticing or public review beyond the Section 106 consultation is required. A letter will be prepared for State Historic Preservation Office (SHPO) (for submittal by CALTRANS) documenting the de minimis finding. If more evaluation or documentation is determined to be required then a scope and cost for this effort will be provided.

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NEPA CE (WBS 165.25.15)
Based on the environmental technical studies previously discussed a CE will be prepared pursuant to NEPA.

ICF will prepare the CE form (NEPA portion only) in compliance with the latest format identified on CALTRANS Standard Environmental Reference website. As part of the CE a brief (two to three sentences) summary of the findings of each of the technical studies will be included. No separate environmental document is assumed to be prepared to support the CE and none is included in this scope and cost.

Deliverables:
 Draft and Final NEPA CE (4 hardcopies each and electronic PDF copy of Final CE) Notice of Availability (included under WBS 175.00)
For the proposed project ICF will utilize a distribution list developed with the CITY to distribute the document. It is assumed that KLF’s right-of-way consultant will provide a list of owners and residents, along with their mailing addresses, within 500 feet of the proposed project limits. ICF will prepare a combined Notice of Intent (NOI) to adopt a MND in accordance with CITY requirements for publication in a newspaper of local circulation (both English and Spanish), for posting at the San Bernardino County Clerk’s office, and for distribution to anyone who has filed a written request with the CITY. A draft notice will be provided to the CITY for review and approval. It is assumed that ICF will coordinate publication of the notice with the appropriate newspapers. A cost of $8,500 for publishing of the notices is assumed. If the cost is in excess of this amount, then ICF will notify the CITY and this will be billed to the CITY at cost for reimbursement. It is assumed that the technical studies will not be included in the availability but copies will be available if requested by anyone during the public availability period. Hardcopies of the document and NOI/NOPH will be provided to the availability locations (CITY and libraries), CDs containing the document and a hard copy of the NOI/NOPH will be provided to other agencies and officials included on the distribution list (and anyone else who specifically requests a copy of the document), and a copy of the NOI will be provided to property owners and residences within a 500-foot radius of the proposed project. A Draft State Clearinghouse Form (Notice of Completion & Environmental Document Transmittal) will be prepared and submitted to the CITY for review. The final form, along with 15 copies of the Draft IS/MND, will be submitted by ICF to the State Clearinghouse.

Deliverables:
 Draft NOI (assumed to be transmitted electronically with no hard copies)  Final NOI (200 copies)
 Draft and Final Notice of Completion & Environmental Document Transmittal Response to Comments (included under WBS 180.10)

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At the close of the public availability period for the Draft IS/MND, ICF will review and respond to all comments received. The comments will be responded to and incorporated directly into the Final IS/MND. It is assumed that no comments requiring legal review or requiring new analyses or from lawyers will be received.

Deliverables:
 Responses to comments (included in Final IS/MND)
Environmental Document (Final) (WBS 180.10)
ICF will revise the IS/MND to respond to the comments and to document whether any changes to the project have occurred. The following submittals are assumed. If comments remain after the revised draft Final IS/MND, then a revision workshop will be held to address any remaining comments.

Deliverables:
 Draft Final IS/MND for review (2 hardcopies and electronic copy to the CITY)  Final IS/MND for review (2 hardcopies and electronic copy to the CITY)  8 hard copies and PDF of Final IS/MND for CITY records/use Notice of Determination (Final) (included under WBS 180.10) ICF will prepare the Notice of Determination (NOD) in compliance with CEQA. It is assumed that ICF will file the NOD with the Office of Planning and Research (OPR). The NOD would also be posted with the San Bernardino County Clerk. This notice starts a statute of limitation period under CEQA. Using the standard NOD format the NOD will include an identification of the project and its location, description of the project, date of agency approval, determination that the project will not have a significant effect on the environment, statement that a mitigated negative declaration has been prepared pursuant to the provisions of CEQA, and an address of where a copy of the MND may be examined. Along with the NOD a CDFW filing fee would also be filed. The CDFW filing fee has been included in the submitted cost estimate and is assumed to not exceed $2,181.25 (new fee amount effective January 1, 2014).

Deliverables:
 Draft and Final Notice of Determination (all transmittals assumed to be done electronically)

OPTIONAL TASKS
The following tasks may need to be performed for the project based on the results of the Preliminary Environmental Study (PES) by CALTRANS.

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Noise Study Report
ICF will prepare a noise study report evaluating the noise impacts and potential noise abatement/mitigation measures, if any, associated with the proposed project. Because federal and CALTRANS oversight is involved, the report will be prepared in accordance with procedures specified by FHWA in Title 23, Section 772 of the Code of Federal Regulations (CFR) (23 CFR 772) and the CALTRANS Traffic Noise Analysis Protocol (Protocol).

ICF will conduct a site visit to identify noise sensitive land uses and other features of the project area relevant to the noise study. ICF will consult with the CALTRANS District 8 noise specialist assigned to this project to ensure that all requirements are addressed.

A field noise study will be performed to quantify and assess existing noise conditions at the potential noisesensitive areas. It is estimated that short-term (10 to 15 minutes duration) sound-level data will be collected at up to three (3) representative noise-sensitive locations throughout the area. In addition continuous 24-hour noise monitoring will be conducted at up to one location if secure measurement locations can be identified.

ICF will conduct traffic noise modeling related to the proposed project using the FHWA Traffic Noise Model (TNM) Version 2.5 and traffic data to be provided by the project traffic engineer. TNM will be used to model worst-noise-hour noise conditions at representative modeled receiver locations under existing conditions and design-year conditions with and without the proposed project.

Traffic noise impacts of the proposed project under 23CFR772 will be assessed by determining if implementation of the project is projected to result in traffic noise levels under design-year conditions that approach or exceed the FHWA noise abatement criteria or if implementation of the project is predicted to result in a substantial increase in noise at noise-sensitive uses. If traffic noise impacts are projected to occur, information on the preliminary feasibility and reasonableness of noise abatement as defined in the Protocol will be evaluated and presented for use by decision makers in considering noise abatement. ICF will also evaluate potential construction noise impacts using methods recommended by the U.S. Department of Transportation.

ICF will prepare a noise study report addressing the requirements of 23CFR772 in accordance with guidance in the Protocol and following the noise analysis report format outlined in the CALTRANS Technical Noise Supplement (TeNS). If warranted the noise study report will include a preliminary noise abatement design to schematically identify the location, height, and extent of noise walls needed to abate noise impacts. It is assumed that any noise abatement design and or Noise Abatement Data Report (NADR) would be prepared and provided by KLF; however, this scope assumes that noise walls will not be identified and that a NADR will not be required. In accordance with Protocol guidance, the description of noise walls will be sufficient

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for environmental review of the proposed project, but not for final design of the walls. Abatement allowances will be provided for each wall evaluated.

Public Meeting
It is assumed that ICF will assist in preparing for the public meeting but that all materials, collateral, reservations, coordination, noticing, etc. would be performed by KLF’s public outreach specialist. Up to three ICF staff would attend the meeting.

I. TECHNICAL REPORT
The first step in the project development process will be to evaluate the existing Mojave Rive Bridge and formulate various alternatives to replace the existing structure in-kind as a minimum. Those elements to be considered will include:
 Environmental Issues
 Traffic Requirements (Existing and Future) / Maintenance of Traffic  Stage Construction
 Seismic Conformance for Existing Bridge Structures
 Advance Planning Studies
 Utility Impacts
 Existing Topography
 Horizontal and Vertical Geometric Requirements
 Design Exceptions Fact Sheet(s)
 Right-of-Way Requirements
 Project Costs
Initial Alternatives will be developed and distributed to the PDT members for review, discussion, and critiquing. Following this process Conceptual Alternative Analysis will be prepared for the initial alternatives identified by the PDT as feasible and reasonable. Another round of review discussion and critiquing will take place on the Conceptual Alternatives with each alternative being evaluated for cost, environmental impacts, traffic level of service, and construction schedule. After completion of these initial steps, the CITY will review the recommendation of the PDT and make a decision as to which alternative best satisfies the project requirements and should be identified as the preferred alternative and carried to the next step in the project development process - preparation of the environmental document.

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The Technical Report is the engineering document that supports the environmental documentation, summarizing the major features of work associated with the project such as alternatives that substantially lessen or avoid environmental impacts, number of lanes (current and future), and most efficient bridge type.

Additional items that need to be considered are roadway and bridge drainage systems, impacts to both existing and future utilities and cost. All alternatives discussed in the PDT meetings will be documented in the technical report and will include a description of the alternative, cost and impacts associated with the alternative, and a summary of why it was or was not chosen as the preferred alternative.

A recent Traffic Impact Study (2013) was prepared by ADVANTEC that included the limits of the Mojave River Bridge. It is assumed that this Traffic Impact Study will be sufficient for the Environmental Document associated with the Mojave River Bridge and no additional Traffic Impact Study will be prepared. The following scenarios were evaluated in the study: existing conditions, opening year conditions, and Year 2040.

J. HYDRAULIC ANALYSIS
The following scope of work covers preliminary assessment of the two existing North First Avenue bridge crossings of the Mojave River.

1. Perform field review of the site as well as upstream and downstream reaches in order to observe the physical conditions and obtain the necessary hydraulic and sediment transport modeling parameters.

2. Obtain and review existing hydrologic and hydraulic data including flow rates, aerial photographs, topographic data, FEMA studies, other recent studies, etc. The CITY will provide copies of any relevant studies from their files for the review. This scope of work assumes that as-built drawings for the existing bridges are available.

3. Prepare a hydraulic analysis of the existing conditions at the bridge crossings of the Mojave River using HEC-RAS. The analyses will be based on the accepted 100-year flow rates and topographic mapping/surveying performed for the project. A debris factor will be applied to the bridge piers, if appropriate. The hydraulic analyses will be used to assess the current hydraulic conditions associated with the existing bridges including the pier scour and abutment scour.

4. Prepare sediment transport analyses using FLUVIAL-12 to determine the general scour at the existing bridges. The FLUVIAL-12 analysis will be based on the 100-year and flood series events. A flood series represents a series of flow events that can theoretically occur in a 100-year time span and is used to assess long-term changes. Soil gradations will be provided by the geotechnical consultant at three locations in the stream bed.

5. Prepare a report summarizing the analyses results and recommendations. The report will assess the scour potential at the bridges and hydraulic conditions.

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6. Attend meetings as requested. This scope of work assumes 8 hours for meetings.

7. Prepare proposed condition hydraulic and sediment transport analyses for up to two initial proposed condition bridge concepts.

8. Prepare final design hydraulic and sediment transport analyses for the ultimate bridge selection.

9. Prepare and process a report summarizing the analyses results and recommendations. Processing will be performed on a time and materials basis. This scope of work initially allocates 16 hours for processing.

10. Attend meetings as requested. This scope of work assumes 8 hours for meetings.

This Scope of Work does not include FEMA map revisions.

K. TRAFFIC
Traffic Data and Forecast/Modeling
ADVANTEC shall utilize traffic counts, Average Daily Traffic (ADT), and Peak Hour Turning Movements obtained from the recently completed traffic study for the First Street Bridge over the BNSF Railway project.

The traffic study shall encompass the following street segments and intersections:

Street Segments
 First Street from Riverside Drive to Old Highway 58
 Irwin Road from First Street to Old Highway 58 (north)  Old Highway 58 from Irwin Road to First Street
 Yucca Avenue from Main Street to Riverside Drive
 Riverside Drive from Crooks Avenue to Yucca Avenue
Intersections
 First Street/Riverside Drive
 Riverside Drive/Crooks Avenue
 First Street/Irwin Road
 Irwin Road/Old Highway 58 (north)
 Irwin Road/Old Highway 58 (south)
 Old Highway 58/First Street

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 Riverside Drive/Yucca Avenue
 Main Street/Yucca Avenue
Prepare Future Traffic Projections
In coordination with CITY staff and project team members ADVANTEC shall develop ADTs and peak hour turning movements for the project limits' streets and intersections in the following scenarios for the three build and no build alternatives:
 Existing Conditions (Year 2014)
 Opening Day (Year 2019)
 Horizon Year (Year 2040)
Traffic Operation Analysis
In support the project’s Preliminary Assessments and Environmental Documentation ADVANTEC shall prepare a Traffic Operation Analysis Report (Traffic Study) in accordance with guidelines set forth in CALTRANS Project Development Procedures Manual, latest edition.

For purposes of this proposal we envision the following submitted scenario for the Traffic Study:
 Submit Preliminary Draft to CITY and Project Team for review and comment  Incorporate comments and submit draft to CALTRANS District 8  Review and reconcile CALTRANS District 8 comments with CITY and Project Team  Incorporate comments and submit final study to CALTRANS District 8 for approval Multi-Modal Study
ADVANTEC shall perform a Multi-Modal Study to evaluate the following:
 The amount and flow of pedestrians and bicyclists within the project limits  Impact of the three alternative improvements to existing pedestrian and bicycle needs, especially given the proximity of the Amtrak Station
 Connectivity with the First Avenue bridge over BNSF Railway Traffic Operation and Safety Analysis
ADVANTEC will obtain from the CITY the latest three-year Statewide Integrated Traffic Reports System (SWITRS) accident data for the project limits. ADVANTEC will analyze these accident data and identify accident rates and factors for inclusion into the Project Report.

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From the results of the approved traffic study ADVANTEC will work with the CITY and Project Team to identify number of through and turning lanes and length of turning pockets to achieve Level of Service (LOS) goals for the build alternatives.

For purposes of this proposal ADVANTEC shall prepare two intersection Traffic Signal Warrants for the project; Fort Irwin Road and Old Highway 58 (north and south).

Traffic Counts (Optional Task)
If the traffic counts collected in Year 2012, for the adjacent First Avenue bridge over BNSF Railways, are deemed to be outdated, by CALTRANS District 8, ADVANTEC will conduct week-long 24/7 ADT Counts, including vehicle classifications, for the following street segments:
 Yucca Avenue between Main Street and Riverside Drive
 Riverside Drive between Crooks Avenue and Yucca Avenue  First Street in front of the AMTRAK Station
 First Street northerly of the Mojave River Bridge
 Irwin Road between First Street and Old Highway 58
From the ADT data, the AM and PM Peak Hours will be identified by ADVANTEC and reviewed with the CITY and the project team for concurrence.

Subsequently, ADVANTEC will conduct AM and PM peak hour turning movement counts at the following intersections:
 First Street/Riverside Drive
 Riverside Drive/Crooks Avenue
 First Street/Irwin Road
 Irwin Road/Old Highway 58 (north)
 Irwin Road/Old Highway 58 (south)
 Old Highway 58/First Street
 Riverside Drive/Yucca Avenue
 Main Street/Yucca Avenue
Turning movement counts will include vehicle classifications (cars, trucks, etc.), pedestrians, and bicycles.

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L. GEOMETRIC APPROVAL DRAWINGS
Geometric drawings of the preferred alternative shall be prepared in accordance with CALTRANS District 8 GAD requirements near the end of the Environmental Document phase of the project. It is assumed that only the preferred alternative will be refined to the level of Geometric Approval Drawings (GAD). These will include plans, typical cross sections, profiles, and superelevation diagrams. The GAD will include appropriate signature blocks and traffic volume data shown on large sheets to clearly present the overall geometric design rather than on 11” x 17” sheet breakouts with matchlines.

The drawings will reflect CALTRANS and CITY standards and criteria for this type of facility. Any nonstandard design elements will be documented in the appropriate Fact Sheet documents.  KHA will develop the GADs with input from KLF regarding the proposed bridge dimensions and features.
 Documentation of any necessary design exceptions is not anticipated to be necessary. Anticipated exceptions will be brought to the attention of the CITY for discussion and concurrence.  KHA will attend up to one coordination meeting.

Deliverables:
 GAD – 8 copies
M. RIGHT-OF -WAY DATA SHEETS
During the development of the project alternatives impacts to right-of-way will be investigated and minimized. Right-of-way data sheets will be prepared as required by CALTRANS. Tasks include performing a review of the proposed right-of-way requirements at the Irwin Connection – Alternative 1; preparing individual parcel estimates for parcels identified by the project team. Estimates include costs for acquisition (land and improvements), severance damages, relocation assistance, escrow and legal costs.

Right-of-way requirements maps will be prepared for the preferred alternative only.  ADVANTEC will prepare preliminary right-of-way requirement maps based on the approved GAD  Right-of-way acquisition is anticipated along the bridge and adjacent approaches  ADVANTEC will attend up to one coordination meeting
Deliverable:
 Right-of-Way Data Sheets to be prepared by Epic Land Solutions for a maximum impact to 15 parcels.
 Preliminary Right-of-Way Requirements Maps – 2 copies

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Rights-of-Entry
The ENGINEER will obtain from private landowners right-of-entry permits, for up to 15 parcels, for the purpose of entering properties to perform surveys for biology, historic, archaeology, paleontology, and geotechnical purposes. The right-of-entry agreement will inform the property owner of the purpose and impact of such entry, along with the approximate time range of the entry, and advise them of a contact person with any concerns that arise from the entry.

Draft / Final Relocation Impact Report
The Draft and Final Relocation Impact Report/Statement will be prepared in accordance with CALTRANS guidelines and the Uniform Relocation and Real Property Acquisition Policies Act of 1970. As amended for the draft statement, the tasks will include research and a site visit, but no interviews or surveys of the potential displacees, for each of the reiterations. The final statement will include the additional tasks of mailing letters to the displacees and gathering responses. Meetings may need to be held to mitigate some of the issues raised by the responses.

The reports will include the number and type of: Residential Displacements, Multi-Family Displacements, and Business/Nonprofit Displacements.

The report will discuss the potential for last resort housing and the current and anticipated availability of relocation resources; any relocation problems specific to this project and the alternatives, along with suggested solutions/mitigation solutions; and potential sequencing or foreseeable relocation difficulties with unusual circumstances or difficult displacees.

These reports will use existing available information in the market including but not limited to professional services, real estate brokers, publications, studies, and government resources.

Environmental Impact Statement)/ Environmental Impact Report Epic will prepare for and attend all meetings and hearings related to the data research and right-of-way impacts for the draft and final Environmental Impact Statement (EIS)/ Environmental Impact Report (EIR).

This process is a dialogue, in addition to educating the community regarding just compensation and goodwill loss benefits.

Assumptions: This scope of work assumes no coordination with agencies that may have jurisdiction over the Mojave River bed, such as the USACE, CDFW, and any other unknown agencies.

N. AGREEMENTS
KLF will provide technical and administrative support to the CITY as required for obtaining cooperative agreements, Construction and Maintenance (C&M), service and escrow agreements.

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O. VA-STUDY
As required by the federal funding source the ENGINEER will perform a VA Study to comply with NHS VE mandate and follow the CALTRANS VA methodology as outlined in the Chapter 19, "Value Analysis" of the Project Development Procedures Manual (PDPM) and detailed in the latest CALTRANS VA Team Guide and Report Guide. VA studies identify and evaluate alternative project solutions and provide recommendations to decision-makers.

P. UTILITY COORDINATION
The expectation of the CITY is that the services of the ENGINEER shall be complete with respects to all utility coordination matters, except for those procedures that must be performed by the CITY. This project is proposed to be funded mainly by federal funds and must therefore conform to process and procedures of the CALTRANS Office of Local Programs.

ENGINEER shall coordinate with utility owners and CITY utility coordination staff with respect to all utility related matters. ENGINEER shall provide copies of all correspondence with utility companies and other utility related information to the CITY. Correspondence, as described herein, shall be prepared by ENGINEER for either ENGINEER or CITY signature, as appropriate, and as directed by the CITY’s Project Manager.

ENGINEER shall coordinate with CITY staff to obtain record copies of utility maps from each utility owner within the project limits for existing and/or proposed utility facilities. ENGINEER shall include mapping and/or exhibits that clearly define the project limits as part of the requests for utility information.

ENGINEER shall Identify utility companies affected by the project and delineate utilities within the project’s sphere of influence on the exhibits. ENGINEER shall prepare a project base file, which shall include all existing utilities (above ground and below ground) identified by location, size, type, and owner, as appropriate. In addition to information provided by the owning utility companies and through research of other record maps, field surveys shall be used to locate utility features such as manholes, valves, fire hydrants, poles, risers, etc., which shall be reflected on the plans.

If it is necessary to pothole existing utilities at critical locations, ENGINEER shall coordinate with CITY staff to arrange with the respective utility owner to pothole its facility (at utility owner or CITY cost). ENGINEER shall coordinate the use of field survey crews to locate potholed utilities by coordinates and elevations based on the project’s survey controls.

ENGINEER shall send preliminary base file through CITY staff to owning utility companies within the project limits with requests for review and comments on the plans relevant to their respective facilities, and with requests for other project specific information.

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ENGINEER shall monitor responses of utility notices received and make recommendations for mitigating conflicts. ENGINEER shall provide written responses to utility companies with regard to stated concerns and conduct design coordination meetings with utility companies as needed. Unresolved issues shall be brought to the attention of the CITY PROJECT MANAGER and CITY utility coordination staff as early as practical.

Deliverable:
 Utility Data Sheets to be prepared by Epic Land Solutions with up to 8 utilities being affected.

Q. MISCELLANEOUS DESIGN SUPPORT
Design Exceptions
If design exceptions are deemed necessary, these will be identified early in the PROJECT and the ENGINEER will coordinate with the CITY to receive approval as a part of the GAD approval.

Traffic Management Plan
The ENGINEER shall prepare and submit a Traffic Management Plan for CITY review and approval.  Documentation of necessary design exceptions is not anticipated to be necessary. Anticipated exceptions will be brought to the attention of the CITY for discussion and concurrence.  ADVANTEC will provide a Traffic Management Plan (TMP) to address traffic during the construction phase.
 The TMP will summarize the Traffic Analysis (prepared by ADVANTEC) with recommendations for traffic routing along with discussion for other mitigation measures to be implemented during construction to maintain adequate levels of service along existing roads. Mitigation measures to be implemented during construction are unknown at this time. Design elements related to the mitigation measures are not included within this scope of work. This scope of work does anticipate that the replacement bridge will be built in stages and that the existing bridge will be utilized during the first stage of work. If the existing bridge cannot be used additional scope of work for the development of a suitable detour along Riverside Drive will be added at additional cost.

Suggested items the TMP may include are:
 Identification of neighboring construction projects that may affect detours or alternative routes.  Public Awareness Measures, ways to relay project information to the surrounding community.  On-Site Measures such as Street Patrol Service or Mobile Changeable Message Signs.  Off-Site Measures such as ridesharing and encouraging the use of vanpooling programs.

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Deliverables:
 Draft TMP – 8 copies
 Final TMP – 8 copies
Enhanced Pavement Conceptual Designs
Tatsumi will prepare conceptual designs for the enhanced pavement found within the project including pedestrian plazas at both ends of the new bridge construction and pedestrian sidewalk/look out mini-plazas which may be engineered into the bridge designs. Activities to achieve these goals are as follows:

Materials /Information (Research)
Researching the history of the City, the surrounding areas, and materials existing as well as materials to be proposed. One day site visit included.

First design submittal will be hand sketches to present a rough conceptual sketch to the Engineer.

Deliverables:
 Three (3) aesthetic treatment concepts
 Maximum of one (1) review session
 Aesthetic Treatment Design (Final)
 Once the conceptual hand sketch is approved, Tatsumi will make any recommended changes  and produce a final submittal design
ARTICLE III CONSULTANT’S REPORTS OR MEETINGS
A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for the Contract Administrator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

B. CONSULTANT’s Project Manager shall meet with LOCAL AGENCY’s Contract Administrator, as needed, to discuss progress on the contract.

ARTICLE IV PERFORMANCE PERIOD (Verbatim)
A. This contract shall go into effect on January 4, 2016, contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY’S Contract Administrator. The contract shall end on (January 4, 2019), unless extended by contract amendment.

B. CONSULTANT is advised that any recommendation for contract award is not binding on LOCAL AGENCY until the contract is fully executed and approved by LOCAL AGENCY.

ARTICLE V ALLOWABLE COSTS AND PAYMENTS (Verbatim)

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A. The method of payment for this contract will be based on lump sum. The total lump sum price paid to CONSULTANT will include compensation for all work and deliverables, including travel and equipment described in Article II Statement of Work of this contract. No additional compensation will be paid to CONSULTANT, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will be negotiated between CONSULTANT and LOCAL AGENCY. Adjustment in the total lump sum compensation will not be effective until authorized by contract amendment and approved by LOCAL AGENCY.

B. Progress payments may be made monthly in arrears based on the percentage of work completed by CONSULTANT. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in the Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this Contract in accordance with the provisions of Article VI Termination.

C. CONSULTANT shall not commence performance of work or services until this contract has been approved by LOCAL AGENCY and notification to proceed has been issued by LOCAL AGENCY’S Contract Administrator. No payment will be made prior to approval of any work, or for any work performed prior to approval of this contract.

D. CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit, upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices in triplicate. Invoices shall be submitted no later than 45 calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the Cost Proposal and shall reference this contract number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase of this contract. The final invoice should be submitted within 60-calendar days after completion of CONSULTANT’s work. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:
(City of Barstow, Domingo Gonzales, Engineering Services Administrator) 220 E. Mountain View St. Suite A
Barstow, CA 92311
E. The total amount payable by LOCAL AGENCY shall not exceed $(2,540,810.00).

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

ARTICLE VI TERMINATION
A. LOCAL AGENCY reserves the right to terminate this contract upon thirty (30) calendar days written notice to CONSULTANT with the reasons for termination stated in the notice.

B. LOCAL AGENCY may terminate this contract with CONSULTANT should CONSULTANT fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, LOCAL AGENCY may proceed with the work in any manner deemed proper by LOCAL AGENCY. If LOCAL AGENCY terminates this contract with CONSULTANT, LOCAL AGENCY shall pay CONSULTANT the sum due to CONSULTANT under this contract prior to termination, unless the cost of completion to LOCAL AGENCY exceeds the funds remaining in the contract. In which case the overage shall be deducted from any sum due CONSULTANT under this contract and the balance, if any, shall be paid to CONSULTANT upon demand.

C. If the Local Agency terminates this contract, it will only pay the Consultant for the work performed to the point of the effective termination.

ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS (Verbatim)

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A. 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.

B. 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.

C. 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 LOCAL AGENCY.

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

ARTICLE VIII RETENTION OF RECORDS/AUDIT (Verbatim)
For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the contract pursuant to Government Code 8546.7; CONSULTANT, subconsultants, and LOCAL AGENCY shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract.

The state, State Auditor, LOCAL AGENCY, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of CONSULTANT and it’s certified public accountants (CPA) work papers that are pertinent to the contract and indirect cost rates (ICR) for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. Subcontracts in excess of $25,000 shall contain this provision.

ARTICLE IX AUDIT REVIEW PROCEDURES (Verbatim)
A. 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 LOCAL AGENCY’S Chief Financial Officer.

B. Not later than 30 days after issuance of the final audit report, CONSULTANT may request a review by LOCAL AGENCY’S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.

C. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this contract.

D. CONSULTANT and subconsultant contracts, including cost proposals and ICR, are subject to audits or reviews such as, but not limited to, a contract audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the contract, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR, Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, state, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The contract, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by LOCAL AGENCY contract manager to conform to the audit or review recommendations.

CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the contract by this reference if directed by LOCAL AGENCY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, state or local governments have access to CPA work papers, will be considered a breach of contract terms and cause for termination of the contract and disallowance of prior reimbursed costs.

E. CONSULTANT Cost Proposal is subject to a CPA ICR Audit Work Paper Review by Caltrans’ Audit and Investigation (Caltrans). Caltrans, at its sole discretion, may review and/or audit and approve the CPA ICR

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documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the LOCAL AGENCY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the contract terms and cause for termination of the contract and disallowance of prior reimbursed costs.

1. During a Caltrans’ review of the ICR audit work papers created by the CONSULTANT’s independent CPA, Caltrans will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If Caltrans identifies significant issues during the review and is unable to issue a cognizant approval letter, LOCAL AGENCY will reimburse the CONSULTANT at a provisional ICR until a FAR compliant ICR {e.g. 48 CFR, part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials Audit Guide; and other applicable procedures and guidelines}is received and approved by A&I. Provisional rates will be as follows:
a. If the proposed rate is less than 150% - the provisional rate reimbursed will be 90% of the proposed rate.
b. If the proposed rate is between 150% and 200% - the provisional rate will be 85% of the proposed rate.
c. If the proposed rate is greater than 200% - the provisional rate will be 75% of the proposed rate.

2. If Caltrans is unable to issue a cognizant letter per paragraph E.1. above, Caltrans may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. Caltrans will then have up to six (60 months to review the CONSULTANT’s and/or the independent CPA’s revisions.

3. If the CONSULTANT fails to comply with the provisions of this Section E, or if Caltrans is still unable to issue a cognizant approval letter after the revised independent CPA-audited ICR is submitted, overhead cost reimbursement will be limited to the provisional ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this provisional ICR will become the actual and final ICR for reimbursement purposes under this contract.

4. CONSULTANT may submit to LOCAL AGENCY final invoice only when all of the following items have occurred: (1) Caltrans approves or rejects the original or revised independent CPA-audited ICR; (2) all work under this contract has been completed to the satisfaction of LOCAL GAENCY; and, (3) Caltrans has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICETO local agency no later than 60 days after occurrence of the last of these items.

The provisional ICR will apply to this contract and all other contracts executed between LOCAL AGENCY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.

ARTICLE X SUBCONTRACTING (Verbatim)
A. Nothing contained in this contract or otherwise, shall create any contractual relation between LOCAL AGENCY and any subconsultant(s), and no subcontract shall relieve CONSULTANT of its responsibilities and obligations hereunder. CONSULTANT agrees to be as fully responsible to LOCAL AGENCY for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by CONSULTANT. CONSULTANT’s obligation to pay its subconsultant(s) is an independent obligation from LOCAL AGENCY’S obligation to make payments to the CONSULTANT.

B. 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 written authorization by LOCAL AGENCY’s Contract Administrator, except that, which is expressly identified in the approved Cost Proposal.

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C. CONSULTANT shall pay its subconsultants within ten (10) calendar days from receipt of each payment made to CONSULTANT by LOCAL AGENCY.

D. 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.

E. Any substitution of subconsultant(s) must be approved in writing by LOCAL AGENCY’s Contract Administrator prior to the start of work by the subconsultant(s).

ARTICLE XI EQUIPMENT PURCHASE
A. Prior authorization in writing, by LOCAL AGENCY’s Contract Administrator 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.

B. For purchase of any item, service or consulting work not covered in CONSULTANT’s Cost Proposal and exceeding $5,000 prior authorization by LOCAL AGENCY’s Contract Administrator; three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified.

C. 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, LOCAL AGENCY 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 LOCAL AGENCY 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 LOCAL AGENCY procedures; and credit LOCAL AGENCY 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 by LOCAL AGENCY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by LOCAL AGENCY.” 49 CFR, Part 18 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project.

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

ARTICLE XII STATE PREVAILING WAGE RATES (Verbatim)
(Choose either Option 1 or Option 2)
(Option 1 - For contracts where a portion of the proposed work to be performed are crafts affected by state labor laws, use paragraphs A and B)
A. 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.

B. 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.

C. When prevailing wages apply to the 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.

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ARTICLE XIII CONFLICT OF INTEREST (Verbatim)
A. CONSULTANT shall disclose any financial, business, or other relationship with LOCAL AGENCY that may have an impact upon the outcome of this contract, or any ensuing LOCAL AGENCY construction project.

CONSULTANT shall also list current clients who may have a financial interest in the outcome of this contract, or any ensuing LOCAL AGENCY construction project, which will follow.

B. 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.

C. 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 XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION (Verbatim) CONSULTANT warrants that this contract was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any LOCAL AGENCY employee. For breach or violation of this warranty, LOCAL AGENCY 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 XV PROHIBITION OF EXPENDING LOCAL AGENCY STATE OR FEDERAL FUNDS FOR LOBBYING (Verbatim)
A. CONSULTANT certifies to the best of his or her knowledge and belief that:

1. No state, federal or local agency appropriated funds have been paid, or will be paid by-or-on behalf of CONSULTANT to any person for influencing or attempting to influence an officer or employee of any state or federal agency; a Member of the State Legislature or United States Congress; an officer or employee of the Legislature or Congress; or any employee of a Member of the Legislature or Congress, in connection with the awarding of any state or federal contract; the making of any state or federal grant; the making of any state or federal loan; the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement.

2. If any funds other than federal appropriated funds have been paid, or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency; a Member of Congress; an officer or employee of Congress, or an employee of a Member of Congress; in connection with this federal contract, grant, loan, or cooperative agreement; CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.

B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

C. CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower-tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly.

ARTICLE XVI STATEMENT OF COMPLIANCE

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A. 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 Title 2, California Administrative Code, Section 8103.

B. 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 sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. 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 §12990 (a-f) et seq.) and the applicable regulations promulgated there under (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Contract by reference and made a part hereof as if set forth in full.

Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

C. The Consultant shall comply with regulations relative to Title VI (nondiscrimination in federally-assisted programs of the Department of Transportation – Title 49 Code of Federal Regulations, Part 21 - Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

D. The Consultant, with regard to the work performed by it during the Agreement shall act in accordance with Title VI. Specifically, the Consultant shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of Subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT’s Regulations, including employment practices when the Agreement covers a program whose goal is employment.

ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A. CONSULTANT’s signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that CONSULTANT has complied with Title 2 CFR, Part 180, “OMB Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)”, which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to LOCAL AGENCY.

B. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining CONSULTANT responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action.

C. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal highway Administration.

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ARTICLE XVIII FUNDING REQUIREMENTS
A. 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 and fiscal delays that would occur if the contract were executed after that determination was made.

B. This contract is valid and enforceable only, if sufficient funds are made available to LOCAL AGENCY for the purpose of this contract. In addition, this contract is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or LOCAL AGENCY governing board that may affect the provisions, terms, or funding of this contract in any manner.

C. It is mutually agreed that if sufficient funds are not appropriated, this contract may be amended to reflect any reduction in funds.

D. LOCAL AGENCY has the option to void the contract under the 30-day termination clause pursuant to Article VI, or by mutual agreement to amend the contract to reflect any reduction of funds.

ARTICLE XIX CHANGE IN TERMS
A. This contract may be amended or modified only by mutual written agreement of the parties.

B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by LOCAL AGENCY’s Contract Administrator.

C. 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 a part of this contract without prior written approval by LOCAL AGENCY’s Contract Administrator.

ARTICLE XX DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. This contract is subject to 49 CFR, Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. Consultants who obtain DBE participation on this contract will assist Caltrans in meeting its federally mandated statewide overall DBE goal.

B. The goal for DBE participation for this contract is 12%. Participation by DBE consultant or subconsultants shall be in accordance with information contained in the Consultant Proposal DBE Commitment (Exhibit 10- O1), or in the Consultant Contract DBE Information (Exhibit 10-O2) attached hereto and incorporated as part of the Contract. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

C. DBEs and other small businesses, as defined in 49 CFR, Part 26 are encouraged to participate in the performance of contracts financed in whole or in part with federal funds. CONSULTANT or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract.

CONSULTANT shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of US DOT-assisted agreements. Failure by CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as LOCAL AGENCY deems appropriate.

D. Any subcontract entered into as a result of this contract shall contain all of the provisions of this section.

E. A DBE firm may be terminated only with prior written approval from LOCAL AGENCY and only for the reasons specified in 49 CFR 26.53(f). Prior to requesting LOCAL AGENCY consent for the termination, CONSULTANT must meet the procedural requirements specified in 49 CFR 26.53(f).

F. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible with respect to materials and supplies

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used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the, contract is commensurate with the work it is actually performing, and other relevant factors.

G. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.

H. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of the contract than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.

I. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime consultants shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

J. Upon completion of the Contract, a summary of these records shall be prepared and submitted on the form entitled, “Final Report-Utilization of Disadvantaged Business Enterprise (DBE), First-Tier Subconsultants” CEM-2402F [Exhibit 17-F, of the LAPM], certified correct by CONSULTANT or CONSULTANT’s authorized representative and shall be furnished to the Contract Administrator with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in twenty-five percent (25%) of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to CONSULTANT when a satisfactory “Final Report-Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subconsultants” is submitted to the Contract Administrator.

K. If a DBE subconsultant is decertified during the life of the contract, the decertified subconsultant shall notify CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the Contract, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to LOCAL AGENCY’s Contract Administrator within 30 days.

ARTICLE XXI 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, LOCAL AGENCY 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 XXII DISPUTES
A. 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 LOCAL AGENCY’s Contract Administrator and (Insert Department Head or Official), who may consider written or verbal information submitted by CONSULTANT.

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B. Not later than 30 days after completion of all work under the contract, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.

C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this contract.

ARTICLE XXIII INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit LOCAL AGENCY, the state, and the FHWA if federal participating funds are used in this contract; 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 XXIV SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by LOCAL AGENCY Safety Officer and other LOCAL AGENCY representatives. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.

B. Pursuant to the authority contained in Section 591 of the Vehicle Code, LOCAL AGENCY 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.

C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article.

D. CONSULTANT must have a Division of Occupational Safety and Health (CAL-OSHA) permit(s), as outlined in California Labor Code Sections 6500 and 6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five feet or deeper.

ARTICLE XXV INSURANCE
A. Prior to commencement of the work described herein, CONSULTANT shall furnish LOCAL AGENCY a Certificate of Insurance stating that there is general comprehensive liability insurance presently in effect for CONSULTANT with a combined single limit (CSL) of not less than one million dollars ($1,000,000) per occurrence.

B. The Certificate of Insurance will provide:

1. That the insurer will not cancel the insured’s coverage without 30 days prior written notice to LOCAL AGENCY.

2. That LOCAL AGENCY, its officers, agents, employees, and servants are included as additional insureds, but only insofar as the operations under this contract are concerned.

3. That LOCAL AGENCY will not be responsible for any premiums or assessments on the policy.

C. CONSULTANT agrees that the bodily injury liability insurance herein provided for, shall be in effect at all times during the term of this contract. In the event said insurance coverage expires at any time or times during the term of this contract, CONSULTANT agrees to provide at least thirty (30) days prior notice to said expiration date; and a new Certificate of Insurance evidencing insurance coverage as provided for herein, for not less than either the remainder of the term of the contract, or for a period of not less than one (1) year.

New Certificates of Insurance are subject to the approval of LOCAL AGENCY. In the event

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CONSULTANT fails to keep in effect at all times insurance coverage as herein provided, LOCAL AGENCY may, in addition to any other remedies it may have, terminate this contract upon occurrence of such event.

ARTICLE XXVI OWNERSHIP OF DATA
A. Upon completion of all work under this contract, ownership and title to all reports, documents, plans, specifications, and estimates produce as part of this contract will automatically be vested in LOCAL AGENCY; and no further agreement will be necessary to transfer ownership to LOCAL AGENCY.

CONSULTANT shall furnish LOCAL AGENCY all necessary copies of data needed to complete the review and approval process.

B. 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.

C. CONSULTANT is not liable for claims, liabilities, or losses arising out of, or connected with the modification, or misuse by LOCAL AGENCY of the machine-readable information and data 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 LOCAL AGENCY of the project documentation on other projects for additions to this project, or for the completion of this project by others, except only such use as many be authorized in writing by CONSULTANT.

D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27, Subpart 27.3 - Patent Rights under Government Contracts for federal-aid contracts).

E. LOCAL AGENCY may permit copyrighting reports or other agreement products. If copyrights are permitted; the agreement 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.

F. 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 XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR A. If claims are filed by LOCAL AGENCY’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 LOCAL AGENCY’S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.

B. CONSULTANT’s personnel that LOCAL AGENCY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from LOCAL AGENCY.

Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT’s personnel services under this contract.

C. Services of CONSULTANT’s personnel in connection with LOCAL AGENCY’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.

D. 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 XXVIII CONFIDENTIALITY OF DATA

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LPP 15-01 January 14, 2015
A. All financial, statistical, personal, technical, or other data and information relative to LOCAL AGENCY’s operations, which are designated confidential by LOCAL AGENCY and made available to CONSULTANT in order to carry out this contract, shall be protected by CONSULTANT from unauthorized use and disclosure.

B. Permission to disclose information on one occasion, or public hearing held by LOCAL AGENCY relating to the contract, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion.

C. CONSULTANT shall not comment publicly to the press or any other media regarding the contract or LOCAL AGENCY’s actions on the same, except to LOCAL AGENCY’s staff, CONSULTANT’s own personnel involved in the performance of this contract, at public hearings or in response to questions from a Legislative committee.

D. 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 prior review of the contents thereof by LOCAL AGENCY, and receipt of LOCAL AGENCY’S written permission.

E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article.

ARTICLE XXIX 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 XXX EVALUATION OF CONSULTANT
CONSULTANT’s performance will be evaluated by LOCAL AGENCY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the contract record.

ARTICLE XXXI RETENTION OF FUNDS
A. Any subcontract entered into as a result of this Contract shall contain all of the provisions of this section.

B. No retainage will be withheld by the Agency from progress payments due the prime consultant. Retainage by the prime consultant or subconsultants is prohibited, and no retainage will be held by the prime consultant from progress due subconsultants. Any violation of this provision shall subject the violating prime consultant or subconsultants to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the prime consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the prime consultant or deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non-DBE prime consultants and subconsultants.

ARTICLE XXXII NOTIFICATION
All notices hereunder and communications regarding 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:

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Packet Pg. 240 Attachment: Original Contract (6147 : Approval to Extend Contract Agreement with Kleinfelder for First Ave Bridge Over Mojave River) North First Avenue over Mojave River City of Barstow
Project Approval & Environmental Document Kleinfelder

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LPP 15-01 January 14, 2015
CONSULTANT:

Kleinfelder Inc.

Andrew Sanford, Project Manager
550 West C Street, Suite 1200
San Diego, CA 92101
LOCAL AGENCY:

City of Barstow
Domingo D. Gonzales, Contract Manager
220 East Mountain View Street, Suite A
Barstow, CA 92311

ARTICLE XXXIII CONTRACT
The two parties to this contract, who are the before named CONSULTANT and the before named LOCAL AGENCY, hereby agree that this contract constitutes the entire agreement which is made and concluded in duplicate between the two parties. Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms and conditions of this contract as evidenced by the signatures below.

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Packet Pg. 241 Attachment: Original Contract (6147 : Approval to Extend Contract Agreement with Kleinfelder for First Ave Bridge Over Mojave River) North First Avenue over Mojave River City of Barstow
Project Approval & Environmental Document Kleinfelder

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LPP 15-01 January 14, 2015

ARTICLE XXXIV SIGNATURES
KLEINFELDER INC. CITY OF BARSTOW
Mark Creveling, P.E. Charles C. Mitchell
Vice President City Manager
DATE: DATE:

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Packet Pg. 242 Attachment: Original Contract (6147 : Approval to Extend Contract Agreement with Kleinfelder for First Ave Bridge Over Mojave River)

AMENDMENT TO CONTRACT AGREEMENT
Project 2010-14, Amendment 2
THIS AMENDMENT (“Amendment”) is made as of this 7
th day of October, 2025,
by and between the CITY OF BARSTOW (‘City) and Kleinfelder Inc. (“Consultant”).

RECITALS
WHEREAS, on February 1, 2016, the City and Consultant entered into an Agreement (“Agreement”) for the Consultant to provide Project Approval and Environmental Documents (PAED) phase of the North First Avenue Bridge over the Mojave River Project; and
WHEREAS, the Parties have continued to perform under the terms of the Agreement after its January 4, 2021 contract extension and purported expiration; and WHEREAS, it is in the interest of both Parties to extend the agreement an additional five years on the same terms as the original Agreement.

NOW THEREFORE, THE CITY AND THE CONSULTANT AGREE AS FOLLOWS:

1. Paragraph “Article IV Performance Period” is amended to read:

A. This contract shall go into effect on October 7th, 2025, contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY’S Contract Administrator. The contract shall end on (January 4, 2030), unless extend by contract amendment.

2. PROVISIONS OF AGREEMENT. All other terms, conditions, and provisions of the Agreement to the extent not modified by this Amendment, shall remain in full force and effect.
“City”
City of Barstow
“Consultant”
Kleinfelder, Inc.

By: ________________________ By: ________________________ Signature Signature
Printed ________________________ Printed ________________________ Title: ________________________ Title: ________________________ Date: ________________________ Date: ________________________ Approved as to form:

By: ___________________________
Matthew Summers, City Attorney
Date: ____________________________

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Packet Pg. 243 Attachment: Amendment to Contract Agreement No. 2 (6147 : Approval to Extend Contract Agreement with Kleinfelder for First Ave Bridge SDI23P149569
© 2025 Kleinfelder

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www.kleinfelder.com
KLEINFELDER 770 First Avenue, Suite 400, San Diego, CA 92101 p | 619.831.4600 f | 619.232.1039 September 30, 2025
Mr. Fidel Martinez
Senior Community Development Inspector
City of Barstow
220 E. Mountain View Street, Suite A
Barstow, CA 92311
SUBJECT: North First Avenue Over Mojave River and Overflow Bridges Bridge Nos. 54C0089 and 54C0090 - Final Design Scope of Work and Fee Dear Fidel:

Kleinfelder appreciates this opportunity to present our Scope of Work and Fee to the City of Barstow for the next stage of this project; Final Design (Phases II, III, and IV) of the North First Avenue Over Mojave River and Overflow Bridges. These bridges are on the eligible bridge list for the Local Seismic Safety Retrofit Program and are programmed to receive federal funding from the Highway Bridge Program (HBP). Additionally, in 2022 the HBP Advisory committee agreed to add the Overflow to the Mojave River project as a scope change. Since 2022, additional federal funding has been requested to cover all of final design and right-of-way. On September 4, 2025, Caltrans issued the E-76 approving all of the requested funding.

The preliminary engineering supported the environmental document for the replacement of the existing bridges, identified the replacement structures and preferred alignment, to be located off alignment and west of the existing bridges. This new alignment will allow the existing bridges to remain open to traffic during construction. Our final design approach is based on this strategy.

We have assembled an outstanding team of knowledgeable and experienced individuals for the North First Avenue Over Mojave River and Overflow Bridges project. This same team delivered the adjacent North First Avenue Bridge Over the BNSF Railroad and are intimately aware of the intricacies of the site and stakeholder needs. The Kleinfelder team includes:

Advantec (DBE): Traffic/Lighting
Aguirre & Associates (DBE): Survey
Chang Consultants (SBE): Hydrology/ Hydraulics
Epic Land Solutions: Right-Of-Way/ Utility Coordination ICF International: Environmental and Permitting
Kimley-Horn and Associates: Roadway/Civil/Water Quality and Drainage/BMPS Kleinfelder: Prime/Project Management/Structures Design, Geotechnical Engineering Tatsumi and Partners (DBE): Landscape Architecture

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Packet Pg. 244 Attachment: Mojave PS&E Transmittal Letter_2025_Final (6147 : Approval to Extend Contract Agreement with Kleinfelder for First Ave Bridge SDI23P149569
© 2025 Kleinfelder

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www.kleinfelder.com
KLEINFELDER 770 First Avenue, Suite 400, San Diego, CA 92101 p | 619.831.4600 f | 619.232.1039 Attached is our scope of work and fee proposal along with corresponding 10-H and 10-K forms. We propose a lump sum fee to keep consistent with the PAED stage of work and retained the 12% DBE goal.

Again, we appreciate this opportunity and look forward to continuing our relationship with the City of Barstow.

Sincerely,

KLEINFELDER
Karibia Baillargeon
Project Manager

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Packet Pg. 245 Attachment: Mojave PS&E Transmittal Letter_2025_Final (6147 : Approval to Extend Contract Agreement with Kleinfelder for First Ave Bridge

NORTH FIRST AVENUE OVER MOJAVE RIVER AND

OVERFLOW BRIDGES
BRIDGE NOS. 54C0089 & 54C0090

APPENDIX A

SCOPE OF WORK

FINAL DESIGN
(PHASES II, III, IV)
SUBMITTED BY:

DATE:

SEPTEMBER 30, 2025

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Packet Pg. 246 Attachment: Mojave PS&E_Scope_2025_Final (6147 : Approval to Extend Contract Agreement with Kleinfelder for First Ave Bridge Over Mojave North First Avenue Over Mojave River and Overflow Bridges Bridge Nos. 54C0089 & 54C0090
Final Design
ii
APPENDIX A • SCOPE OF WORK

TABLE OF CONTENTS
ARTICLE AI • GENERAL INFORMATION AND REQUIREMENTS ............................................ 1

1. Project Description ........................................................................................................... 1

2. Location ........................................................................................................................... 2

3. Coordination .................................................................................................................... 3

4. Phases ............................................................................................................................ 4

5. Standards ........................................................................................................................ 4

6. Key Personnel ................................................................................................................. 5 ARTICLE AII • PROJECT ADMINISTRATION (TASK 1) ............................................................ 6

1. Project Management ........................................................................................................ 6

1.1 Project Management Plan .................................................................................... 6

2. Quality Control and Risk Management ............................................................................. 6

3. Project Development Team Meetings .............................................................................. 7

4. Budgeting and Cost Accounting ....................................................................................... 7

5. Scheduling ....................................................................................................................... 7

6. Contract Administration .................................................................................................... 8

7. Support with Local Assistance Documents ....................................................................... 8 ARTICLE AIII • ENGINEERING DESIGN (TASK 2) .................................................................... 8

1. Design Survey ................................................................................................................. 8

2. Water Quality Report ....................................................................................................... 9

3. Traffic Studies ................................................................................................................ 10

4. Hydraulics Report .......................................................................................................... 10

5. Right of Way .................................................................................................................. 11

5.1 Updates to Right of Way Data Sheet .................................................................. 11

5.2 Acquisition .......................................................................................................... 11

5.3 Title Reports ....................................................................................................... 12

5.4 Appraisal Services .............................................................................................. 12

5.5 Appraisal Review ............................................................................................... 12

5.6 Document Preparation ........................................................................................ 12

5.7 Negotiations ....................................................................................................... 13

5.8 Escrow/Closing Services .................................................................................... 13

5.9 Right of Way Certification ................................................................................... 13

5.10 Eminent Domain Support ................................................................................... 13

6. Utility Coordination and Relocations ............................................................................... 14

6.1 Utility Coordination ............................................................................................. 14

6.2 Street Lighting Service Points ............................................................................. 15

7. Geotechnical and Hazardous Waste .............................................................................. 16

7.1 Field Investigation and Laboratory Testing ......................................................... 16

7.2 Log of Test Borings ............................................................................................ 16

7.3 Foundation Report.............................................................................................. 16

7.4 Geotechnical Design Report ............................................................................... 17

7.5 Materials Pavement Report ................................................................................ 17

7.6 Review Foundation Plan ..................................................................................... 18

7.7 Phase I Environmental Site Assessment ............................................................ 18

7.8 Aerially Deposited Lead Assessment .................................................................. 18

7.9 Pre-Demolition Hazardous Materials Survey ...................................................... 18

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Packet Pg. 247 Attachment: Mojave PS&E_Scope_2025_Final (6147 : Approval to Extend Contract Agreement with Kleinfelder for First Ave Bridge Over Mojave North First Avenue Over Mojave River and Overflow Bridges Bridge Nos. 54C0089 & 54C0090
Final Design
iii

8. Structure Type Selection and Bridge General Plans ....................................................... 18 ARTICLE AIV ENVIRONMENTAL AND PERMITTING (TASK 3) ............................................. 19

1. Environmental Re-Validation .......................................................................................... 19

2. Resource Agency Permitting .......................................................................................... 20

2.1 Update USACE 2019 Jurisdictional Delineation .................................................. 20

2.2 Clean Water Act Section 404 Permit .................................................................. 21

2.3 Clean Water Act Section 401 Certification (RWQCB) ......................................... 21

2.4 1600 Lake and Streambed Alteration Agreement (CFW) .................................... 22

2.5 On and Off-Site Habitat Mitigation and Monitoring Plan ...................................... 23

2.6 California Rapid Assessment Method Memorandum .......................................... 24 ARTICLE AV • STRUCTURES (TASKS 4-8) ............................................................................ 25

1. Structural Design and Calculations ................................................................................ 25

2. Independent Check Review ........................................................................................... 25

3. Structure Specifications and Cost Estimate ................................................................... 25

4. Quality Control ............................................................................................................... 26

5. Concept Plans (30% Complete) ..................................................................................... 26

6. Draft Structure PS&E (65% Unchecked Plans) .............................................................. 26

7. Draft Structure PS&E (90% Checked Plans) .................................................................. 26

8. Final Structure PS&E (100% Complete) ......................................................................... 27

9. Final Structure PS&E (IFC) ............................................................................................ 27 ARTICLE AVI • ROADWAY (TASKS 4-8) ................................................................................ 28

1. Basic Roadway Plans .................................................................................................... 28

2. Calculations ................................................................................................................... 28

3. Drainage Plans .............................................................................................................. 29

4. Traffic Plans ................................................................................................................... 29

5. Landscape Plans ........................................................................................................... 29

6. Miscellaneous Plans and Exhibits .................................................................................. 29

7. Intermediate Reviews .................................................................................................... 30

8. Specifications and Cost Estimate ................................................................................... 30

9. Quality Control ............................................................................................................... 30

10. Concept Plans (30% Complete) ..................................................................................... 30

11. Draft PS&E (65% Complete) .......................................................................................... 30

12. Draft PS&E (90% Complete) .......................................................................................... 31

13. Final PS&E (100% Complete) ........................................................................................ 31

14. Final PS&E (IFC) ........................................................................................................... 32 ARTICLE AVII • CONSTRUCTION BIDDING AND AWARD SUPPORT (TASK 9) .................. 32 ARTICLE AVIII • DESIGN SUPPORT DURING CONSTRUCTION (TASK 10) ......................... 32

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Packet Pg. 248 Attachment: Mojave PS&E_Scope_2025_Final (6147 : Approval to Extend Contract Agreement with Kleinfelder for First Ave Bridge Over Mojave North First Avenue Over Mojave River and Overflow Bridges Bridge Nos. 54C0089 & 54C0090
Final Design
1 ARTICLE AI • General Information and Requirements

1. Project Description
This project consists of replacing the existing Mojave River Bridge (Bridge No. 54C0089) and the Mojave Overflow (Bridge No. 54C0090) in the City of Barstow (CITY) with two structures that meet current standards. The proposed project will have two 12-foot lanes for vehicular traffic, two 8- foot shoulders, and one 8-foot sidewalk on one side in accordance with the American Association of State Highway and Transportation Officials (AASHTO) minimum requirements and the California Department of Transportation (CALTRANS) minimum requirements. The Mojave River Bridge will also include a one 12-foot median/turn lane between the traffic lanes. In addition, the proposed project encompasses necessary approach roadway work, restriping, and utility relocation (see project footprint below).

The existing Mojave River Bridge was constructed in 1933 and is comprised of two separate bridge configurations. The approach spans (Spans 1 to 7) consist of a reinforced concrete (RC) deck on simply supported rolled steel beams supported on an RC seat abutment founded on driven RC piles, six RC bents founded on driven RC piles, and an RC wall pier wall founded on timber piles. The main spans (Spans 8 to 12) consist of an RC deck on rolled steel floor beams on simply supported riveted steel plate girders supported on five RC pier walls founded on timber piles, and a RC cantilever seat abutment founded on RC spread footing. The existing bridge deck width is 29’-10”. 3’-0” sidewalks are located on both sides of the bridge deck.

The Mojave River Bridge has a Sufficiency Rating (SR) of 54.5 based on the March 9, 2018, Inspection Report. A fracture critical inspection was performed on January 30, 2018. Multiple weld cracks were found as well as a new crack in the knee brace connection of the web of Floor Beam 10 to the top of flange of Girder 1 in Span 9. Some of the previously identified cracks had grown.

The bridge geometry is insufficient with curb-to-curb width and deck width not meeting AASHTO standards. In addition, the existing width of shoulders and sidewalks do not meet minimum AASHTO requirements.

The existing Mojave Overflow Bridge was built in 1939 and is comprised of 12 continuous castin-place RC slab spans for a total length of 98 feet. The structure is supported on 2 open-end RC diaphragm abutments and 11 RC pile bents. The existing bridge has a total deck width of 32’-6” and 3’ 0” sidewalks and timber railings are located on both sides of the bridge deck.

The Mojave Overflow Bridge has a SR of 48.4 based on the March 9, 2018, Inspection Report and is considered structurally deficient. Multiple cracks were identified during the inspection of the existing bridge approach area, as well as in the deck and roadway. The concrete bridge deck exhibits diagonal, transverse, and map cracks observed to be moderate in size and severe in density. Several posts of the timber railing are decayed. The deck geometry is insufficient due to existing lane, shoulder, and curb widths not meeting AASHTO minimum requirements. In addition, several columns exhibit exposure of the steel casing at the base. Due to the age and condition of the existing structures, a complete replacement of the structures is to be constructed on an adjacent alignment located to the east of the existing bridges. The replacement of both the Mojave River and Overflow bridges is proposed to address the overall condition of the bridges and to provide standard lanes, shoulders, and sidewalks that will match the CITY’s typical section of the

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Packet Pg. 249 Attachment: Mojave PS&E_Scope_2025_Final (6147 : Approval to Extend Contract Agreement with Kleinfelder for First Ave Bridge Over Mojave North First Avenue Over Mojave River and Overflow Bridges Bridge Nos. 54C0089 & 54C0090
Final Design
2 current roadway classifications identified in the CITY’S General Plan. North First Avenue is classified as a collector street and will, therefore, include two 12-foot lanes, one 12-foot median for the Mojave River Bridge, two 8-foot shoulders, and one 8-foot sidewalk. In accordance with the California Department of Transportation (CALTRANS) new Manual for Assessing Safety Hardware (MASH) criteria, which went into effect on October 31, 2019, the barriers for these bridges will be Type 842 rather than the barrier types specified in the Advance Planning Studies approved on June 21, 2018. The replacement of the Mojave River Overflow is part of the replacement of the Mojave River Bridge due to the proposed alignment of the Mojave River Bridge replacement.

The Mojave River Bridge replacement structure is proposed to be a 3-span cast-in-place prestressed box girder bridge approximately 575 feet long with a typical section width of 62’-9”.

The superstructure will be supported on RC seat abutments founded on 36-inch cast-in-drilledhole (CIDH) piles. The bents are anticipated to be 2-column, 7 feet in diameter, founded on 108- inch diameter CIDH piles. The proposed Mojave Overflow replacement structure is a 2-span cast-in-place prestressed concrete box girder bridge approximately 350 feet long with a typical section width of 50’-9”. The Mojave Overflow replacement bridge profile will be raised slightly to accommodate current standards for roadway design. At mid-span, the profile will be approximately 4 to 6 feet higher than the existing bridge.

These bridges are on the eligible bridge list for the Local Seismic Safety Retrofit Program (LSSRP). The project is programmed to receive federal funding from the Highway Bridge Program (HBP). The preliminary engineering, which supports the environmental document for the replacement of the existing bridges, has identified the replacement structures to be located off alignment and west of the existing bridges and alignment as the preferred alternative. The new alignment will allow the existing bridges to remain open to traffic during construction which eliminates staging costs. The following proposal for Phase II, III, and IV is based on this alignment. Phase I was completed in 2021.

2. Location
The project site is located on North First Avenue over the Mojave River and Overflow channel, north of the Burlington Northern Santa Fe Railway (BNSF) classification yard and the Harvey House Railroad Museum. Below is a vicinity map of the proposed project.

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Packet Pg. 250 Attachment: Mojave PS&E_Scope_2025_Final (6147 : Approval to Extend Contract Agreement with Kleinfelder for First Ave Bridge Over Mojave North First Avenue Over Mojave River and Overflow Bridges Bridge Nos. 54C0089 & 54C0090
Final Design
3 3. Coordination
The KLEINFELDER design team shall coordinate with other involved agencies for compatible design and phasing of construction with existing conditions. Coordination may include, but is not limited to, the following:
• CITY
• California Department of Transportation (CALTRANS)
• Federal Highway Administration (FHWA)
• San Bernardino County Departments (COUNTY)
• San Bernardino County Flood Control District (SBCFCD) • Utility Companies
• BNSF
Regulatory Agencies may include, but is not limited to the following:
• U.S. Army Corps of Engineers (USACE)
• U.S. Fish and Wildlife Service (USFWS)
• California Department of Fish and Wildlife (CDFW)
• Regional Water Quality Control Board (RWQCB)
Project Location

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Packet Pg. 251 Attachment: Mojave PS&E_Scope_2025_Final (6147 : Approval to Extend Contract Agreement with Kleinfelder for First Ave Bridge Over Mojave North First Avenue Over Mojave River and Overflow Bridges Bridge Nos. 54C0089 & 54C0090
Final Design
4 • California Public Utility Commission (CPUC)
CALTRANS may exercise review and approval function through the CITY PROJECT MANAGER at key points in the development process. All contacts with CALTRANS will be directed through the CITY. Milestone PROJECT design reviews will be performed for the specific products and deliverables listed herein. The CITY PROJECT MANAGER will conduct these reviews, in addition to the monthly project status reports and meetings. All meetings with other outside agencies will be scheduled by KLEINFELDER with approval of CITY.

4. Phases
The following Phases are covered under this Scope and Fee proposal:

Phase II - Plans, Specifications, and Estimates (PS&E)
Phase III - Construction Bidding and Award Support
Phase IV - Design Support During Construction (DSDC)
Phase II will proceed upon receiving written notice to proceed (NTP) from the CITY. The remaining phases will not proceed until authorized in writing by the CITY.

The draft schedule assumes 22 months to complete Phase II. Project management effort and PDT meetings are based on this assumption.

The draft schedule assumes 4 months to complete Phase III.

5. Standards
The PS&E shall be prepared in accordance with current CALTRANS regulations, policies, procedures, manuals, and standards including compliance with FHWA requirements and/or CITY and COUNTY Road Standards as appropriate. Improvements of local roads may be prepared in accordance with CITY standards in lieu of CALTRANS standards as directed by the CITY PROJECT MANAGER. KLEINFELDER will prepare fact sheets for CITY approval, documenting any exceptions to mandatory and advisory design standards. All documents shall be prepared using English Standard Units and dimensions. The PS&E documents are not expected to be reviewed by or be under the purview of CALTRANS. However, considering the amount of federal funds authorized for the project, responding to one cycle of comments from CALTRANS Local Assistance is included with the scope of work during Phase II and certification process.

Basic PS&E design shall be in accordance with the approved Project Report and Final Environmental Document including any supplements and/or updates.

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Packet Pg. 252 Attachment: Mojave PS&E_Scope_2025_Final (6147 : Approval to Extend Contract Agreement with Kleinfelder for First Ave Bridge Over Mojave North First Avenue Over Mojave River and Overflow Bridges Bridge Nos. 54C0089 & 54C0090
Final Design
5 Bridge design shall be prepared in accordance with the current editions of the AASHTO LRFD Bridge Design Specifications, manuals, aids, and guidelines by CALTRANS Division of Structures.

Roadway design shall be prepared in accordance with the current CALTRANS Highway Design Manual and its revisions and/or CITY Road Standards as appropriate. Traffic design shall be in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) and the California Supplement.

Plans shall be prepared electronically in conformance with the CALTRANS Plans Preparation Manual and the CALTRANS Computer Aided Design & Drafting (CADD) Users Manual. Plans shall be prepared in AutoCAD and on single sheet files. Graphic files shall be two-dimensional and shall conform to the CALTRANS data format as defined in CALTRANS CADD Users Manual.

CITY title blocks shall be used in preparation of plan sheets.

Special Provisions shall be prepared using Microsoft Word conforming to CALTRANS format and content. KLEINFELDER shall coordinate with CITY PROJECT MANAGER regarding CITY procedures for preparing specifications and special provisions prior to starting this task. CITY PROJECT MANAGER shall provide the boiler plate special provisions to be reviewed and included with technical special provisions by KLEINFELDER.

Engineer’s Cost Estimate format and or preference shall be provided and confirmed by the CITY PROJECT MANAGER. This format shall be strictly adhered to for all stages of design.

All PS&E design submittals shall be in digital portable document format (PDF) and will be conducted electronically via FTP, or similar file share site approved by the CITY. AutoCAD files used to prepare the design plans shall be submitted upon CITY approval of the final PS&E. Upon CITY request, flash drives may be submitted in addition to digital submittals.

6. Key Personnel
KLEINFELDER has represented to the CITY that certain key personnel will perform the services and if one or more of such personnel should become unavailable, KLEINFELDER may substitute other personnel of at least equal competence only after prior written approval by the CITY PROJECT MANAGER has been secured. The key personnel for performance of this PROJECT are:

Project Manager
Senior Roadway Engineer
Karibia Baillargeon
Jason Valencia
Kleinfelder
Kimley-Horn and Associates
Senior Structures Engineer/
Principal In Charge
Kelly Burnell Kleinfelder
Traffic Engineer Armando Solis Advantec
Geotechnical Engineer Janna Bonfiglio Kleinfelder

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Packet Pg. 253 Attachment: Mojave PS&E_Scope_2025_Final (6147 : Approval to Extend Contract Agreement with Kleinfelder for First Ave Bridge Over Mojave North First Avenue Over Mojave River and Overflow Bridges Bridge Nos. 54C0089 & 54C0090
Final Design
6 ARTICLE AII • Project Administration (Task 1)

1. Project Management
This task includes the day-to-day management of the PROJECT with activities related administration, schedules, quality assurance/quality control (QA/QC), document control, and oversight of self-performed and subconsultant work.

KLEINFELDER shall:
• Document project submittals, key project decisions, and direction in a project chronology matrix.
• Maintain the project specific management plan and update project related information including project organization chart, contact information for all team members, task tracking, and deliverables list.
• Oversee and manage the execution of all deliverables including work planned to be performed by subconsultants.
• Supervise, coordinate, and monitor work for conformance with CITY, COUNTY, STATE, and applicable federal standards and policies.
• Prepare, circulate, and file correspondence and memos as appropriate.

1.1 Project Management Plan
KLEINFELDER shall prepare a Project Management Plan (PMP) that serves as a comprehensive plan delineating project planning, design work processes, staffing, and risk management features to be implemented during the PROJECT. The PMP will include a Communication Plan that will consist of a roster of staff involved in the PROJECT and multiple forms of contact for each team member (address, telephone number, e-mail, etc.). The roster of staff will be revised as necessary for the duration of the PROJECT and distributed to the Project Development Team (PDT). The Communication Plan will also identify lines of communication with levels of responsibility/authority for development of the PROJECT. The PMP will be submitted to the CITY for review and approval.

Deliverable: Project Management Plan

2. Quality Control and Risk Management
A project specific QA/QC plan will be developed to establish protocols and procedures for team members to ensure current project data and policies are used in project development. The QA/QC plan will remain in force during the performance of the services identified herein. All reports, plans, studies, cost estimates, and other documents submitted will be complete, accurate, checked, and proofread to meet professional engineering practices and the standard of care in effect at the time of execution of the scope. Each deliverable will identify the person responsible for developing the document and the person responsible for quality control of the document.

KLEINFELDER will maintain written records of all activities.

Deliverables:

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Packet Pg. 254 Attachment: Mojave PS&E_Scope_2025_Final (6147 : Approval to Extend Contract Agreement with Kleinfelder for First Ave Bridge Over Mojave North First Avenue Over Mojave River and Overflow Bridges Bridge Nos. 54C0089 & 54C0090
Final Design
7 • Quality Control/Quality Assurance Plan
• Project Risk Register

3. Project Development Team Meetings
A PDT shall be established within two weeks after NTP. The PDT will include representatives from the CITY, CALTRANS, other affected agencies, key design leads, and subconsultants as appropriate. The PDT kick-off meeting shall be held as soon as possible after NTP. PDT meetings will be held monthly or as requested by the CITY. KLEINFELDER shall prepare a meeting agenda and minutes for each PDT meeting and have these available for review at least one week prior to each succeeding meeting. PDT meetings shall be held to resolve issues and to apprise the respective agencies and stakeholders of the PROJECT progress.

In additional to PDT meeting, KLEINFELDER will hold general consultant team meetings. These meetings will be held regularly and as needed for the planning and engineering design effort to maintain communication with designers and fulfill information requests.

Assumptions:
• For Phase II, KLEINFELDER and Kimley-Horn budgeted for up to 22 PDT meetings and Advantec has budgeted up to 10 PDT meetings.
• Approximately a 22-month schedule is anticipated for Phase II only. • Community Outreach Meetings are not part of this scope of work. KLEINFELDER can conduct or participate in Community Outreach Meetings as an additional service. A separate scope and fee can be submitted for approval.

4. Budgeting and Cost Accounting
KLEINFELDER will prepare budgets for each task and milestone for the PROJECT. Such budgets will be entered into the KLEINFELDER’s Management Information System along with actual costs incurred and used as a basis for cost monitoring and control.

KLEINFELDER will prepare monthly invoices and progress reports of expenditures for the PROJECT by task and milestone in accordance with CITY guidelines. Expenditures will include direct labor costs, other direct costs and subconsultant costs. These reports will be included as supporting data for invoices presented to the CITY every month. Reports providing actual physical progress will be required monthly and shall accompany the invoice.

5. Scheduling
Within one month from the NTP, KLEINFELDER will provide a detailed project schedule, which indicates milestones, major activities, and deliverables, to the CITY for review and comments.

This schedule will reflect assumed review times necessary by the agencies involved. Review of the schedule will occur at subsequent PDT meetings. Adjustments will be made, if necessary, due to changing circumstances.

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Packet Pg. 255 Attachment: Mojave PS&E_Scope_2025_Final (6147 : Approval to Extend Contract Agreement with Kleinfelder for First Ave Bridge Over Mojave North First Avenue Over Mojave River and Overflow Bridges Bridge Nos. 54C0089 & 54C0090
Final Design
8 6. Contract Administration
KLEINFELDER’s PROJECT MANAGER shall maintain ongoing liaison with the CITY PROJECT MANAGER, AGENCY contacts, and utility companies to promote effective coordination during the course of PROJECT development.

Progress meetings and conference calls shall be held regularly with KLEINFELDER staff, subconsultants, and the CITY PROJECT MANAGER.

Assumptions:
• PS&E close-out will be part of this task. Activities for close-out include verification that contract requirements have been met, tasks completed, project files (hard copy and digital) have been updated and archived, and project can be formally closed.

7. Support with Local Assistance Documents
KLEINFELDER will assist the CITY in preparing documentation for submittals to CALTRANS Local Assistance and for HBP and other funding purposes and information requests.

ARTICLE AIII • Engineering Design (Task 2)
The activities defined in this section are required for the planning and development of final design PS&E.

1. Design Survey
KLEINFELDER’s team performed field surveys, ground control, photogrammetric mapping, and digital terrain modeling between 2015 and 2018 for the design of the adjacent project, North 1st Avenue Bridge Over BNSF Railroad, currently in the construction phase. The type and limits of that survey work are specific to that project’s design needs, although some overlap exists in a few areas between both projects. Additional design survey work is needed for this Phase II to cover the full limits of work specified in Phase I, PA/ED, and to close any data gaps. All design surveys and support services will be provided by Aguirre & Associates (Aguirre) to include but not limited to the following tasks:
• Research reference maps and control.
• Check primary survey control to first order.
• Set and survey supplemental control (12).
• Run levels through supplemental control.
• Set and survey HV panels (10).
• Perform topographic surveys for conformance and street cross sections, utilities, and miscellaneous features.
• Perform land net/right-of-way surveys to include search calculations, reconnaissance and tie found monuments, boundary and right-of-way analysis, and land net mapping. • Prepare and process Record of Survey Map (3 sheets).
• Review preliminary title reports, plot existing easements. • Prepare preliminary and final plats and legal descriptions (21).

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Packet Pg. 256 Attachment: Mojave PS&E_Scope_2025_Final (6147 : Approval to Extend Contract Agreement with Kleinfelder for First Ave Bridge Over Mojave North First Avenue Over Mojave River and Overflow Bridges Bridge Nos. 54C0089 & 54C0090
Final Design
9 Assumptions:
• Horizontal and vertical control will be the same as for the North 1st Avenue Bridge Over BNSF Railroad project.
• The distance between typical street cross sections will be 25 feet on center. • No encroachment permits or traffic control plans are required to conduct this survey. • No top of rail survey is included.
• No encroachment permit to enter BNSF right-of-way is included. • The cost of preliminary title reports is not included. • All preliminary title reports required for the preparation of plats and legal descriptions will be provided.
• Deliverables will be in AutoCAD for the aerial mapping, XML, and land net mapping, in .txt points file for the topographic survey points, in PDF for the dip detail sheets, the plats and legal descriptions (draft and final), the Basis of Coordinates Statement, and the copy of the recorded Record of Survey Map.
• Certified payroll of prevailing wages will be continued for up to 6 months after completion of the field survey work under this proposal. The Final Statement of Non-Performance (SNP) will be filed at that time if no additional field surveys have been requested within that time period. Field survey work requested after the Final SNP is filed will be subject to a labor compliance administration charge.

2. Water Quality Report
The KLEINFELDER team shall conduct a water quality analysis in compliance with the approved Water Quality Assessment Report – North First Avenue Bridge Over Mojave River, dated June 2017, and the latest COUNTY guidelines. Kimley-Horn will prepare a Storm Water Quality Report that shall include the following:
• Storm Water Quality Report will equivalent to CALTRANS Storm Water Data Report (SWDR) to include the following:
o Prepare maps
o Prepare report and documentation
o Update the report to reflect the final PROJCET design • Coordination with the CITY and other local agencies involved regarding water quality requirements.
• Coordination with design team and environmental team on locations and size of bioswales, biostrips, and storm water detention basins.

Assumptions:
• Assume no additional coordination or processing will be needed with other outside agencies such as RWQCB, SWRCB, etc.
• Attend up to three (3) meetings with the CITY.
• Only one Storm Water Quality Report will be required.

Deliverables: NPDES Decision Tree, Draft and Final SWDR or equivalent

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Packet Pg. 257 Attachment: Mojave PS&E_Scope_2025_Final (6147 : Approval to Extend Contract Agreement with Kleinfelder for First Ave Bridge Over Mojave North First Avenue Over Mojave River and Overflow Bridges Bridge Nos. 54C0089 & 54C0090
Final Design
10 3. Traffic Studies
A Traffic Impact Study has been prepared for the PROJECT, dated March 2017, and is an approved “Technical Study” in support of the approved Environmental Document. Therefore, additional traffic analysis is not required.

A preliminary Transportation Management Plan (TMP), dated December 2019, was prepared, and approved for the PROJECT in Phase I. A Final TMP will be prepared in accordance with requirements set forth in the preliminary TMP. The Final TMP will encompass the PS&E phase Stage Construction and Traffic Handling plans.

Assumptions:
• The TMP Team shall be established with the CITY PROJECT MANAGER to include CITY staff, first responders, design team members, and other project stakeholders. • In preparation of the Draft Final TMP, two (2) TMP Team and, if needed, one (1) 65% submittal comment resolution meeting(s) will be held at the CITY. • At the 65% PS&E submittal, a Draft Final TMP will be submitted for review and comment. • The Final TMP will be provided with the 90% PS&E submittal.

Deliverables: Draft and Final TMP

4. Hydraulics Report
A Hydraulics Report will be prepared for the Mojave River and the Overflow Channel. The following tasks will be performed:
• Conduct field review of the site as well as upstream and downstream reaches to observe the physical conditions and obtain the necessary hydraulic modeling parameters. • Obtain and review existing hydrologic and hydraulic data including flow rates, aerial photographs, topographic data, Federal Emergency Management Agency (FEMA) studies, other recent studies, etc. Copies of relevant studies will be obtained for the review. • Prepare a hydraulic evaluation of the final design alternatives using HEC-RAS. The analyses will be based on the accepted 100-year flow rates and topographic mapping provided by the CITY. A debris factor will be applied to the bridge piers, if appropriate. The hydraulic analyses will be used to provide the bridge opening dimensions, low chord elevation with consideration given to freeboard requirements, and the bridge alignment. • Perform final design of the preferred bridge alternatives. The design will include tasks necessary to finalize the HEC-RAS analysis of the preferred alternative. In addition, local scour analyses of the piers will be performed to determine additional protection required for these structures.
• Prepare a report summarizing the results and recommendations of the analyses. • Prepare a sediment transport analysis to determine the general scour at the bridges. This will ensure that the bridge piers and appurtenances are adequately designed for channel bed scour. A FLUVIAL-12 analysis will be performed to determine the general scour and a summary of the FLUVIAL-12 analysis results will be included in the report. The FLUVIAL12 analysis will be based on the 100-year, 200-year, and flood series events. Soil gradations will be provided at three locations in the stream bed.

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Packet Pg. 258 Attachment: Mojave PS&E_Scope_2025_Final (6147 : Approval to Extend Contract Agreement with Kleinfelder for First Ave Bridge Over Mojave North First Avenue Over Mojave River and Overflow Bridges Bridge Nos. 54C0089 & 54C0090
Final Design
11 • Prepare and process a Conditional Letter of Map Revision (CLOMR) based on the final engineering drawings. The CLOMR will be processed through CITY and FEMA. The CITY will provide the Endangered Species Act requirements for the CLOMR. The CITY will provide all data necessary for levee certification.
• Prepare and process a Letter of Map Revision (LOMR) based on the as-built drawings.

The LOMR will be processed through the CITY and FEMA.
• Provide hydraulic and sediment transport data for the resource agencies regulatory permitting.
• Incorporate pending comments by CALTRANS and SBCFCD on the earlier version of the approved Hydraulics Report prepared in Phase I.

Deliverables: Draft and Final Hydraulics Report
Assumptions:
• Up to three client coordination meetings for these tasks and five internal design meetings. • The CLOMR estimated fee is included with this scope. However, fees are subject to change by the issuing agencies and the CITY will be responsible for covering the difference at the time of processing.
• The LOMR fee estimate is included with this scope. However, fees are subject to change by the issuing agencies and the CITY will be responsible for covering the difference.

5. Right of Way
Epic Land Solutions (Epic) will provide right of way services and activities identified in this section.

These will take place throughout Phase II of the project. For simplicity, the fee table lists the main activity in each task.

5.1 Updates to Right of Way Data Sheet
A CALTRANS Right of Way Data Sheet was prepared in Phase I, PA/ED, in December 2020. It identified the cost to the project in relation to securing the necessary right of way based on current market values and conditions at that time as well as project the cost for utility relocations. Epic will review the previous Right of Way Data Sheet and make updates that are reflective of current market values for both right of way and utilities.

5.2 Acquisition
All acquisition efforts are in conformance with the relevant federal, state, and local regulations.

Some of the governing laws and requirements include the Uniform Relocation and Real Property Acquisition Policies Act of 1970 as amended, Title 49 Code of Federal Regulations (CFR) Part 24, Title VI of the Civil Rights Act (42 U.S.C. 2000d, et seq.), State of California Eminent Domain law and the CALTRANS Right of Way Manual. The following sections detail specific steps involved in the acquisition process.

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Packet Pg. 259 Attachment: Mojave PS&E_Scope_2025_Final (6147 : Approval to Extend Contract Agreement with Kleinfelder for First Ave Bridge Over Mojave North First Avenue Over Mojave River and Overflow Bridges Bridge Nos. 54C0089 & 54C0090
Final Design
12 5.3 Title Reports
Epic will obtain Preliminary Title Reports for the impacted parcels. Each report, which will include property characteristics and will identify any easements or encumbrances, will be reviewed and copies of all deeds, documents, and maps will be included.

5.4 Appraisal Services
Epic will provide oversight of the appraisal process. Appraisals for each proposed property acquisition are required as an element for the determination of Just Compensation. Appraisals for the estimates of value for proposed property acquisitions must meet the current Uniform Standards of Professional Appraisal Practice (USPAP) requirements.

A “Notice of Intent to Appraise" will be sent to all property owners expected to have their properties appraised. Appraisers will send introductory letters indicating when the appraiser expects to contact the owner for an appointment to perform the appraisal. When summary appraisal reports are completed and before they are accepted, they are reviewed for accuracy, and regulatory compliance. Epic will coordinate approval of the Just Compensation with the CITY prior to preparing the offer packages.

5.5 Appraisal Review
Before acceptance and approval of the property appraisals, an independent appraisal review is completed. The review includes inspecting sales to determine comparability, reviewing appraisal for conformance to Uniform Standards of Professional Appraisal Practice, reviewing “highest and best use” conclusions, examining valuation methods, analyzing exhibits, checking mathematical calculations, and preparing a narrative report that describes the review process and sets forth the reasoning behind the review. An appraisal review is recommended to ensure that the appraisal is based on sound appraisal theory, contains appropriate documentation to support the appraisers’ conclusions and complies with regulatory codes. A recommendation of Just Compensation is then made based on the reviewed, collected, assembled, correlated, and analyzed data.

5.6 Document Preparation
The acquisition team will review supporting information, including preliminary title reports, real property appraisals and other pertinent information. A file folder and offer package for each parcel will then be prepared for submission to the CITY for review and approval.

Offer Packages include some or all of the following items:
• Offer Letter
• Appraisal Report
• List of Improvements to be Acquired
• Acknowledgement of Receipt
• Purchase Agreement
• Deeds and Any Other Conveyance Documents

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Packet Pg. 260 Attachment: Mojave PS&E_Scope_2025_Final (6147 : Approval to Extend Contract Agreement with Kleinfelder for First Ave Bridge Over Mojave North First Avenue Over Mojave River and Overflow Bridges Bridge Nos. 54C0089 & 54C0090
Final Design
13 • Title VI (Required Notice)

5.7 Negotiations
When performing negotiations for acquisitions of the project properties, Epic will:
• Contact property owner for appointment to make offer. • Present offer to property owner and obtain signed acknowledgment; offers will be mailed to property owners when a personal meeting cannot be arranged (certified mail, return receipt requested).
• Follow-up with property owner regularly by phone or in person for remainder of negotiation schedule.
• If property owner does not accept the offer, any information or appraisal data that the property owner may have to support their opinion of value will be reviewed. Information will be submitted to the CITY in writing along with recommendations.

5.8 Escrow/Closing Services
Once the property owner and CITY has signed the agreement(s), escrow will be opened, and escrow requirements coordinated. Title clearance will be achieved by resolving problems relating to unusual circumstances regarding title or ownership, and by addressing exceptions pertaining to property, such as mortgage liens, restrictions, easements, and rights of way. Epic will work with the title company to obtain lender subordination when needed and will obtain a final title policy at the close of the transaction.

5.9 Right of Way Certification
Epic will obtain Right of Way Certification, which documents that real property interests have been secured and that all right of way activities were conducted in accordance with the applicable policies and procedures. Epic will assist with the preparation of the submittal package including the certification form and backup documents. This package will generally include deeds, resolutions of necessity, orders of possession, final orders of condemnation, appraisals, preliminary title reports, escrow documents, title policies, recorded deeds, purchase and sale agreements, access agreements, cooperative agreements and permits, and other necessary documentation.

5.10 Eminent Domain Support
While the ultimate goal is to negotiate a fair settlement between the CITY and the property owner, at times it is necessary to resolve valuation or design differences in court. If negotiations are unsuccessful, agents will prepare summary memos outlining efforts made and the reason(s) for impasse. Epic will send an impasse letter to the property owner(s). Each contact will be documented (including the date, place, and names) and maintained in the parcel file throughout the negotiation process. Parcels requiring condemnation will need Litigation Guarantees (not included in cost proposal).

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Packet Pg. 261 Attachment: Mojave PS&E_Scope_2025_Final (6147 : Approval to Extend Contract Agreement with Kleinfelder for First Ave Bridge Over Mojave North First Avenue Over Mojave River and Overflow Bridges Bridge Nos. 54C0089 & 54C0090
Final Design
14 6. Utility Coordination and Relocations

6.1 Utility Coordination
Utility coordination activities and support services identified in this section will take place during all phases of the project. For simplicity, the fee table lists the main activity in each task and phase.

Epic will begin early coordination to minimize conflicts and to familiarize utility owners with the project so that research, planning, and preparation for potential conflicts and relocations can begin. This is a federal aid project; all utility coordination activities will be performed in accordance with CALTRANS standards and guidance. The utility coordination activities for this project are as follows:

Phase II (PS&E)
• Prepare and issue Facility Map Request Letters (FMR) to utility owners requesting facility maps/as-builts within the limits of the project.
• Provide QA/QC of the project’s preliminary Utility Plan for depiction of utility owner facility maps/as-built information.
• Schedule a project utility kick-off meeting once all utility owner contacts are identified. • Prepare and issue Utility Verification Letters (UVL) for utility owners to confirm the facilities are located as depicted in the project’s Utility Plan.
• Provide utility owner review comments on the preliminary Utility Plan to KLEINFELDER. • QA/QC of revised Utility Plan to assist KLEINFELDER with identifying potential utility conflicts and preparing project positive location (pothole) plan. • Supervision of pothole service provider and provide KLEINFELDER with pothole report. • QA/QC final Utility Plan for compatibility with the utility conflict matrix and complete the utility conflict matrix in accordance with CALTRANS standards. • Assist KLEINFELDER with preparation of Relocation Claim Letter (RCL) attachments; (65% PS&E level).
• Prepare and issue RCLs to utility owners.
• Review and provide recommendations to CITY for utility owners’ determination liability for relocation(s); assist with determining easement requirements, as necessary. • Schedule regular utility coordination meetings as necessary. • Coordinate with utility owner(s), CITY, and KLEINFELDER to determine feasible relocation alternative(s), select the preferred alternative, verify any utilities on structure requests, obtain utility owner protect-in-place standards, notification lead time and point of contact, and work window requirements as necessary.
• QA/QC utility owner’s final relocation plans for compatibility with the project improvements prior to project submittal for approval.
• Coordinate between utility owner(s), CITY, and KLEINFELDER for the approved relocation plan.
• Prepare any necessary Utility Agreement(s).
• Prepare and issue Notice to Owner (NTO).
• Prepare Report of Investigation (ROI) as part of the CALTRANS Liability Package. • Provide the Liability Package(s) to CALTRANS oversight for review prior to Right of Way Certification.
• Complete the utility section of the Right of Way Certification document.

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Packet Pg. 262 Attachment: Mojave PS&E_Scope_2025_Final (6147 : Approval to Extend Contract Agreement with Kleinfelder for First Ave Bridge Over Mojave North First Avenue Over Mojave River and Overflow Bridges Bridge Nos. 54C0089 & 54C0090
Final Design
15 • Maintain coordination with utility owner(s) relocating prior to construction to assist CITY and KLEINFELDER with utility relocation documentation in accordance with CALTRANS standards.
• Maintain documents for the Resident Engineer’s File in accordance with CALTRANS standards for all utility owners.
• Submit completed documents for inclusion in the Resident Engineer’s File to CITY with final PS&E.

Phase III (Construction Bidding and Award Support)
• Provide support with bidder questions pertaining to utility relocation plan(s) made part of the PROJECT plans.

Phase IV (Design Support During Construction)
• Provide DSDC to Resident Engineer for construction activities pertaining to utility relocations performed concurrent with construction.
• Provide DSDC to Resident Engineer for construction activities pertaining to utility facilities relocated prior to construction.
• Assist with review of Contract Change Orders (CCO) pertaining to utility relocations affecting the project.

Assumptions:
• Assumes 26 parcels are impacted, with a total of 22 owners. 21 require right of way services and one, which is owned by the CITY, will not require acquisition. • Assumes plats and legal descriptions will be provided by others. • Assumes 14 properties will require relocation assistance (assumes 13 residential and 1 business).
• Assumes no litigation guarantee support but can be provided. A separate scope and fee can be submitted for approval.
• Assumes owners and tenants are cooperative.
• Assumes acquisition offers and relocation assistance can happen concurrently. • Assumes no Phase I or II Site Assessments are required. • Assumes project has no delays and scope can be completed within eight months of NTP. • Utility coordination effort is based on the involvement of five utility owners: Golden State Water, Southern California Edison, Southwest Gas, Spectrum, and Frontier. • If the CITY sewer is impacted, this will be handled by the PROJECT, and is therefore not included.
• Assumes 30 potholes. The pothole service is estimated at $80,000, included in ODC.

The actual cost will be determined at the time of hiring a potholing service provider.

6.2 Street Lighting Service Points
Street lighting electrical service point(s) will be coordinated with and approved by the SCE service planner. Two electrical service points are assumed to be needed for the proposed improvements, one on either side of the Mojave River Bridge.

Assumptions:

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Packet Pg. 263 Attachment: Mojave PS&E_Scope_2025_Final (6147 : Approval to Extend Contract Agreement with Kleinfelder for First Ave Bridge Over Mojave North First Avenue Over Mojave River and Overflow Bridges Bridge Nos. 54C0089 & 54C0090
Final Design
16 • Two field review meetings and one office meeting with regional SCE Service Planner.

7. Geotechnical and Hazardous Waste

7.1 Field Investigation and Laboratory Testing
The field investigation will consist of 10 borings along the roadway to depths of approximately 30 feet below existing grade and 10 borings or cone penetration test (CPT) soundings at the bridge supports to depths of about 150 feet. Six infiltration test borings will be performed at the proposed storm water basins to depths of about 5 feet. Shear wave velocity measurement will be performed in the CPTs and using refraction microtremor (ReMi) geophysical techniques for use in seismic evaluation. Groundwater levels will be measured. Samples of the subsurface soil materials will be collected for laboratory testing. A geologist will map the exposed geology in the right of way.

Laboratory testing may consist of grain size distribution, Atterberg limits, consolidation, direct shear, unconfined compressive strength, and corrosivity. Drums of soil cuttings will be stored on site in a designated location for later disposal.

7.2 Log of Test Borings
The team will prepare and sign Log of Test Boring (LOTB) sheets for PS&E. These will be submitted for CITY approval.

Prior to the field investigation, The team shall prepare a plan showing the proposed boring locations and access routes. This plan will be submitted to the CITY and SBCFCD for approval and for obtaining encroachment/access permit/s to perform the borings. Traffic control will be necessary when drilling some of these borings. The team shall follow CALTRANS, CITY, and SBCFD traffic control guidelines.

Assumptions:
• Encroachment/access permit fee, if required, not to exceed $2,000, included in ODC.

Deliverable: LOTB sheets

7.3 Foundation Report
The Foundation Report (FR) will be prepared to cover the bridge structure and will include a general project description, Boring Location Plan, LOTBs for the Structures, and the results of the field and laboratory testing. Foundation recommendations will be in accordance with AASHTO LRFD Bridge Design Specifications and CALTRANS Memo to Designers. The borings performed for the GDR will be included. The FR will provide:
• Copies of the laboratory testing results.
• Seismic Design Criteria.
• Structure foundation type and footing elevations.
• Special issues regarding groundwater, difficult excavation, expansive soils, or other hazards encountered in the borings.
• Specified and design pile tip elevations.

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Packet Pg. 264 Attachment: Mojave PS&E_Scope_2025_Final (6147 : Approval to Extend Contract Agreement with Kleinfelder for First Ave Bridge Over Mojave North First Avenue Over Mojave River and Overflow Bridges Bridge Nos. 54C0089 & 54C0090
Final Design
17 • Allowable bearing capacities and other data needed to evaluate the selected foundation. • Anticipated fill settlement periods needed to prevent excess differential settlement between the structure and adjacent roadway approaches.
• Design parameters and potential construction difficulties shall be identified and addressed in the FR, together with mitigation measures, as required. • Alternative types of foundations shall be evaluated for the bridge structure, in consultation with the project structural engineer, to allow selection of the most suitable type of foundation.

Deliverables: Draft and Final Foundation Report approved by the CITY

7.4 Geotechnical Design Report
The Geotechnical Design Report (GDR) will be prepared to cover the roadway work and standard plan structures. The GDR will include a general project description, Boring Location Plan, Log of Test Borings (LOTB) for the Standard Plan Structures, and the results of the field and laboratory testing. Foundation recommendations will be in accordance with the AASHTO LRFD Bridge Design Specifications. The GDR will provide:
• Summary of the subsurface conditions encountered in the borings and CPTs. • Laboratory testing results.
• Cut and fill requirements and special issues regarding groundwater, difficult excavation, expansive soils or other hazards encountered in the borings. • Slope stability discussion on new slopes and recommendations for slope construction. • Recommendations for the reuse of excavated materials and volumes of such (swell and/or shrinkage factors to be applied) and the quantity of import/export fill will be estimated. • Recommendations for utilities and buried metal conduits based on the results of the corrosion testing.
• Foundation and construction recommendations for Standard Plan structures (sound walls and standard plan retaining walls).
• New structural pavement sections and recommendations for connecting into the existing pavement sections.

Deliverables: Draft and Final Geotechnical Design Report approved by the CITY

7.5 Materials Pavement Report
The Materials Pavement Report (MR) will be prepared to cover the roadway pavement section in accordance with the CALTRANS specifications. The MR will include site and project description, existing facilities and proposed improvements, regional geology and climate conditions, as well as:
• Subsurface conditions and summary of applicable laboratory test results. • New pavement structural sections.
• Soil corrosion and culvert materials.

Deliverables: Draft and Final Materials Pavement Report

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Packet Pg. 265 Attachment: Mojave PS&E_Scope_2025_Final (6147 : Approval to Extend Contract Agreement with Kleinfelder for First Ave Bridge Over Mojave North First Avenue Over Mojave River and Overflow Bridges Bridge Nos. 54C0089 & 54C0090
Final Design
18 7.6 Review Foundation Plan
The team will review the Foundation Plan for PS&E and prepare a letter stating the Foundation Plan conforms to the FR recommendations.

Deliverable: Foundation Plan Conform letter

7.7 Phase I Environmental Site Assessment
The team conducted an Initial Site Assessment (ISA) / Phase I Environmental Site Assessment (ESA) for the project in January 2017. The Phase I ESA revealed no evidence of recognized environmental conditions (REC) within the project boundaries at the time the ISA/ESA was published. It is understood that site conditions have not changed since 2017. Therefore, no additional study is required.

7.8 Aerially Deposited Lead Assessment
The team conducted an aerially deposited lead (ADL) assessment for the project in January 2017. The results of the ADL assessment indicated the reported total lead concentrations in the soil were found to be below regulatory thresholds for classification as a hazardous waste and for exposure to workers. The soil pH was found to be within the extremes of the limits for the Corrosivity Characteristic of RCRA Hazardous waste such that the soil would not be considered a hazardous waste. Therefore, no additional study is required.

7.9 Pre-Demolition Hazardous Materials Survey
A pre-demolition hazardous materials survey has not been prepared for the existing Mojave River Bridge and Mojave Overflow structures. The KLEINFELDER Team anticipates a pre-demolition hazardous materials survey for the existing bridge will be required. The purpose of this survey is to identify and sample accessible, suspect asbestos-containing materials (ACM), asbestoscontaining construction materials (ACCM), representative building components for the presence of lead-based paints (LBP)/lead-bearing substances (LBS), universal waste (UW) materials, polychlorinated biphenyls (PCB) containing devices, mechanical equipment and machines that contain ozone depleting chemicals, devices with low level radioactive sources, and other universal waste materials that may be present within the structure.

Deliverable: Hazardous Materials Survey Data Report
Assumptions:
• Encroachment/access permit fee, if required, not to exceed $2,000, included in ODC. • Hazardous survey activities will be identified in the encroachment/access permit listed above

8. Structure Type Selection and Bridge General Plans
KLEINFELDER will lead the structures design effort and support all structural related activities.

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Packet Pg. 266 Attachment: Mojave PS&E_Scope_2025_Final (6147 : Approval to Extend Contract Agreement with Kleinfelder for First Ave Bridge Over Mojave North First Avenue Over Mojave River and Overflow Bridges Bridge Nos. 54C0089 & 54C0090
Final Design
19 The Type Selection Report (TSR) including a General Plan, Foundation Plan, Design Memo, Design Checklist, and a General Plan Estimate for the proposed structures will be submitted for review and approval by the CITY. Only one alignment alternative will be considered for the bridge type selection. This process will be considered the "Structure Type Selection" process and no further design work shall be performed until written approval of the structures type is received from the CITY.

A Type Selection Review Meeting may be held in Barstow with the CITY in which the KLEINFELDER shall be prepared to discuss and provide information on foundation requirements, falsework requirements, seismic and aesthetic considerations, traffic handling, construction cost, and other pertinent information that is needed to determine the proper structures type.

The TSR shall be submitted in PDF four (4) weeks prior to the Structure Type Selection Review Meeting. The submittal will include the TSR, proposed General Plan, Foundation Plan, General Plan Estimate, Design Memo, and a Vicinity Map. The results of the meeting will be summarized in writing by KLEINFELDER within two (2) weeks following the meeting and will be submitted to the CITY as record.

Deliverables: Draft and Final TSR, Results Summary of Type Selection Review Meeting Optional Task: Value Analysis
A Value Analysis (VA) Study is required for all federally funded bridge projects over $40 million that are on the National Highway System (NHS). This project is not on the NHS; therefore, a VA Study is not required. A VA Study is a federally reimbursable expense. If one is determined to be required, or if the CITY requests one, a separate scope and fee will be submitted for approval.

ARTICLE AIV Environmental and Permitting (Task 3)
All environmental support and resource agency permitting activities will be led by ICF.

1. Environmental Re-Validation
Based on any project design updates and/or changes from previously approved environmental documents and technical reports, an Environmental Re-validation and/or supplemental reports may be required to be prepared. It is anticipated that an Environmental Re-validation along with a Supplemental HPSR and ASR will be required. The tasks associated with the Environmental Re-validation includes preparation of documents and submittals to CALTRANS for review and approval.

Based on the Environmental Commitments Record (ECR) prepared for the project, the following tasks would require tracking for completion during final design or prior to construction, and thus included as part of this scope.
• Compliance with NPDES Permit and SWRCB Permit (WQ-1). • Compliance with NPDES Permit and SWRCB Permit (WQ-1); • Permanent and Construction BMP implementation (WQ-2);

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Packet Pg. 267 Attachment: Mojave PS&E_Scope_2025_Final (6147 : Approval to Extend Contract Agreement with Kleinfelder for First Ave Bridge Over Mojave North First Avenue Over Mojave River and Overflow Bridges Bridge Nos. 54C0089 & 54C0090
Final Design
20 • Groundwater Compliance (WQ-4);
• Lead Based Paint ad Asbestos surveys (HAZ-1);
• Designate Environmentally Sensitive Areas to be preserved (BIO-1); • Identify upland areas to prevent runoff (BIO-2);
• Prepare SWPPP and Soil Erosion and Sedimentation Plan (BIO-3); • Dust control measures to reduce excessive dust emissions (BIO-6); • Designate construction equipment cleaning areas away from ESA fencing (BIO-8); • Pre-Construction Survey for Special Status Species (BIO-11); • Pre-Construction Survey for Bat and Bat Roosting Site Surveys (BIO-12); • Preparation of Bat Mitigation Plan (BIO-13);
• Take Avoidance Surveys for Burrowing Owl (BIO-14)
• Preparation of Traffic Management Plan (PS-1);
Deliverables: Re-validation documents

2. Resource Agency Permitting
KLEINFELDER anticipates the necessary permitting services will consist of obtaining two sets of regulatory permits from the U.S. Army Corps of Engineers (USACE), the Lahontan RWQCB, and CDFW for the geotechnical borings and for construction. The tasks associated with obtaining these permits are outlined below and also include tasks for impact analysis and figure preparation, preparation of agency notifications and permit applications, mitigation strategy, development, and tracking, and agency coordination and responding to data requests.

2.1 Update USACE 2019 Jurisdictional Delineation
In May 2020, the State Water Resources Control Board (SWRCB) released new permitting and jurisdictional delineation regulations, (Wetland Definition and Dredge and Fill Permitting Procedures) pursuant to Clean Water Act (CWA) Section 401 and the Porter-Cologne Act. In August 2021, the USACE rescinded the June 2020 Navigable Waters Protection Rule, and reinstated the pre-2015 definition of waters of the United States (U.S.) pursuant to CWA Section 404. Accordingly, the previously prepared 2019 Jurisdictional Delineation Report requires update to reflect these new regulations. Under this task, ICF will update the 2019 Jurisdictional Delineation (JD) to be consistent with these new state and federal regulations, as well as prepare an Approved Jurisdictional Determination (AJD) form for the USACE in order to confirm the jurisdictional status of the portions of the Mojave River (Feature 1), Mojave River Overflow (Feature 2), and an unnamed tributary to the Mojave River (Feature 3) located within the jurisdictional study area. Updates may include, but not limited to, revisions to the regulations section, findings, and figures.

Deliverables: Update JD and AJD form
Assumptions:
• One round of concurrent deliverable reviews by KLEINFELDER and the CITY and accompanying revisions.
• One round of USACE comments and accompanying revisions.

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Packet Pg. 268 Attachment: Mojave PS&E_Scope_2025_Final (6147 : Approval to Extend Contract Agreement with Kleinfelder for First Ave Bridge Over Mojave North First Avenue Over Mojave River and Overflow Bridges Bridge Nos. 54C0089 & 54C0090
Final Design
21 • No additional field work will be required under this task. • One multi-agency site visit will be required to review proposed project, jurisdictional delineation, California Rapid Assessment Method (CRAM) results, and proposed on-site restoration of temporary impact areas.

2.2 Clean Water Act Section 404 Permit
Pursuant to CWA Section 404, USACE authorization is required for projects that would result in a discharge of dredge or fill material within waters of the U.S. Based on the Natural Environmental Study (CALTRANS, July 2019) and the Jurisdictional Delineation Report (ICF July 2019), it is assumed the proposed project will require CWA Section 404 authorization from the USACE. As the proposed geotechnical borings and bridge construction activities are expected to result in less than 0.5-acre of permanent impacts to waters of the U.S. (CALTRANS 2019), these activities are expected to qualify for USACE Nationwide Permit (NWP) 6 and NWP 14, respectively. Due to the heightened cultural sensitivity of the proposed project area (Final IS/MND, CALTRANS, September 2020), the geotechnical borings may not qualify for a non-notifying NWP 6. Therefore, for the purposes of this scope it is assumed that a NWP Pre-Construction Notification (PCN) will be required for this activity. Under this task, ICF will prepare an NWP PCN and supporting materials for the geotechnical borings and bridge construction. Supporting materials will include, but are not limited to, updates to the previously prepared 2019 JD and preparation of an impact analysis, avoidance, and minimization measures, and on-site and off-site compensatory mitigation plans.

Deliverable: NWP PCN and supporting materials
Assumptions:
• An 8-month duration between submission of the application and permit procurement is estimated.
• The NWP PCN will include both the geotechnical borings and bridge construction activities.
• One round of concurrent deliverable reviews by KLEINFELDER and the CITY and accompanying revisions.
• Two rounds of USACE comments and accompanying revisions. • The advancement of the proposed project design will not result in more than minor refinements in impacts to aquatic resources under agency jurisdiction. • One multi-agency site visit will be required to review the proposed project, jurisdictional delineation, CRAM results, and proposed on-site restoration of temporary impact areas. • CALTRANS will be the federal lead for compliance with the ESA and Section 106 of the NHPA.
• USACE will require both on-site restoration of temporary impacts and off-site mitigation for unavoidable permanent impacts to waters of the U.S. • Permit processing fees are not anticipated.

2.3 Clean Water Act Section 401 Certification (RWQCB)
Pursuant to CWA Section 401, a federal agency may not issue a permit or license to conduct any activity that may result in any discharge into waters of the U.S. unless a Section 401 water quality certification is issued, verifying compliance with water quality requirements, or certification is

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Packet Pg. 269 Attachment: Mojave PS&E_Scope_2025_Final (6147 : Approval to Extend Contract Agreement with Kleinfelder for First Ave Bridge Over Mojave North First Avenue Over Mojave River and Overflow Bridges Bridge Nos. 54C0089 & 54C0090
Final Design
22 waived. Based on the Natural Environmental Study (CALTRANS, July 2019) and the Jurisdictional Delineation Report (ICF July 2019), it is assumed the proposed project will require CWA Section 404 authorization from the USACE and therefore a CWA Section 401 water quality certification from the RWQCB.

Under this task, ICF will conduct a pre-application meeting with the RWQCB, prepare a Section 401 water quality certification application and supporting materials for the geotechnical borings and bridge construction. Supporting materials will include but are not limited to updates to the 2019 Jurisdictional Delineation, and preparation of an impact analysis, avoidance, and minimization measures, and on and off-site compensatory mitigation plans.

Deliverables: CWA Section 401 application and supporting materials Assumptions:
• A 6-month duration between submission of the application and permit procurement is estimated.
• The water quality certification application will include both the geotechnical borings and bridge construction activities.
• The jurisdictional extent of waters of the U.S. regulated under CWA Sections 404 and 401 are entirely consistent, and no additional aquatic features are regulated as waters of the State exclusively under the Porter-Cologne Water Quality Control Act. • One round of concurrent deliverable reviews by KLEINFELDER and the CITY and accompanying revisions.
• Two rounds of RWQCB comments and accompanying revisions. • The advancement of the proposed project design will not result in more than minor refinements in impacts to aquatic resources under agency jurisdiction. • One multi-agency site visit will be required to review the proposed project, jurisdictional delineation, CRAM results, and proposed on-site restoration of temporary impact areas. • The RWQCB will require the final IS/MND and CEQA Notice of Determination prior to permit issuance.
• The RWQCB will require both on-site restoration of temporary impacts and off-site mitigation for unavoidable permanent impacts to water of the U.S. • Permit processing fees will be paid by the CITY.

2.4 1600 Lake and Streambed Alteration Agreement (CFW)
Pursuant to CDFG Code Section 1600, a Lake and Streambed Alteration Agreement (LSAA) approval is required for projects that may divert or obstruct the natural flow of any river, stream, or lake; change the bed, channel, or bank of any river, stream, or lake; use material from any river, stream, or lake; or deposit or dispose of material into any river, stream, or lake. Under this task, ICF will prepare an LSAA application and supporting materials for the geotechnical borings and bridge construction. Supporting materials will include, but are not limited to, preparation of an impact analysis, avoidance, and minimization measures, and on and off-site compensatory mitigation plans.

Deliverable: LSAA Application and supporting materials

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Packet Pg. 270 Attachment: Mojave PS&E_Scope_2025_Final (6147 : Approval to Extend Contract Agreement with Kleinfelder for First Ave Bridge Over Mojave North First Avenue Over Mojave River and Overflow Bridges Bridge Nos. 54C0089 & 54C0090
Final Design
23 Assumptions:
• An 8-month duration between submission of the application and permit procurement is estimated.
• The LSAA application will include both the geotechnical borings and bridge construction activities.
• One round of concurrent deliverable reviews by KLEINFELDER and the CITY and accompanying revisions.
• Two rounds of CDFW comments and accompanying revisions. • The advancement of the proposed project design will not result in more than minor refinements in impacts to aquatic resources under agency jurisdiction. • One multi-agency site visit will be required to review the proposed project, jurisdictional delineation, CRAM results, and proposed on-site restoration of temporary impact areas. • The CDFW will require the final Initial Study/Mitigated Negative Declaration (IS/MND) and CEQA Notice of Determination (NOD) prior to permit issuance. • The CDFW will require both on-site restoration of temporary impacts and off-site mitigation for unavoidable permanent impacts to Section 1600 jurisdictional resources. • Permit processing fees will be paid by the CITY.

2.5 On and Off-Site Habitat Mitigation and Monitoring Plan Compensatory mitigation is generally required by the agencies for all unavoidable temporary and permanent impacts to aquatic features under federal and state jurisdiction. Generally, the regulatory agencies require mitigation that is the same type of features as those impacted and is within the same watershed as the impact areas, and may require the establishment, restoration, or enhancement of streambeds and associated riparian habitat. Under this task, ICF will prepare a Habitat Mitigation and Monitoring Plan (HMMP) describing on-site restoration of temporary impacts with suitable native vegetation, monitoring, and maintenance. In addition, the HMMP will describe the CITY’s proposal to mitigate permanent impacts and, if applicable, the remainder of temporary impacts through the (off-site) purchase of credits for establishment (creation), restoration, enhancement and/or preservation of stream and riparian resources within the Mojave River watershed with an agency-approved mitigation bank (MB) or in-lieu fee (ILF) program.

The content of the HMMP will comply with the SWRCB Wetland Definition and Dredge and Fill Permitting Procedures and the USACE South Pacific Division Mitigation and Monitoring Guidelines (December 2014), including, but not limited to, impact summaries, planting plan, monitoring, maintenance, funding, and reporting. In addition, the sections of the HMMP describing the (off-site) purchase of MB/ILF program credits will be consistent with the SWRCB Wetland Definition and Dredge and Fill Permitting Procedures (Sections IV.A.2.b.i – iii), and are assumed to include watershed profiles, climate change assessment, and functional assessments (e.g., CRAM, see task below) for both the project site and off-site mitigation location. However, ICF will confirm the scope of on-site and off-site HMMP requirements with the agencies during the early stages of the application process. Once receiving agency approval of the proposed credit purchase, ICF will work closely with the CITY to negotiate the purchase of credits from the agencyapproved MB/ILF program.

Deliverable: HMMP

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Packet Pg. 271 Attachment: Mojave PS&E_Scope_2025_Final (6147 : Approval to Extend Contract Agreement with Kleinfelder for First Ave Bridge Over Mojave North First Avenue Over Mojave River and Overflow Bridges Bridge Nos. 54C0089 & 54C0090
Final Design
24 Assumptions:
• The HMMP will include watershed profile, climate change assessment, and functional assessments for both the project site and off-site mitigation location. • One round of concurrent HMMP reviews by KLEINFELDER and the CITY and accompanying revisions.
• Two rounds of HMMP comments from USACE, RWQCB, and CDFW and accompanying revisions.
• One round of PSA reviews by KLEINFELDER and the CITY and accompanying revisions. • One round of PSA comments from USACE, RWQCB, CDFW and accompanying revisions.
• One multi-agency site visit will be required to review proposed project, jurisdictional delineation, CRAM results, and proposed on-site restoration of temporary impact areas. • Should an insufficient number of suitable MB or ILF credits be available for purchase in order to compensate for permanent impacts, the CITY may be required to prepare an offsite permittee-responsible HMMP. The preparation of this plan would be covered under a separate task order or contract amendment.

2.6 California Rapid Assessment Method Memorandum
Pursuant to the SWRCB Wetland Definition and Dredge and Fill Permitting Procedures and the USACE South Pacific Division Mitigation and Monitoring Guidelines (December 2014), the SWRCB and USACE highly recommend the use of the California Rapid Assessment Method Memorandum (CRAM) for assessing the ecological integrity of waters of the U.S. and state for purposes of documenting baseline (pre-project) conditions and determining the type and amount (acreage) of compensatory mitigation. Under this task, it is assumed that the agencies will require a CRAM assessment of waters of the U.S. at both the project site and the proposed off-site MB/ILF program mitigation site. However, ICF will confirm the necessity for conducting CRAM assessments with the agencies during the early stages of the application process.

Deliverable: CRAM Memorandum
Assumptions:
• The USACE and/or RWQCB will require CRAM assessments for both the project site and off-site mitigation location.
• One round of concurrent deliverable reviews by KLEINFELDER and the CITY and accompanying revisions.
• One round of USACE/RWQCB comments and accompanying revisions. • CRAM surveys will be conducted at the project site and at the proposed off-site MB/ILF program mitigation site.
• One 10-hour day (two staff) will be required to conduct field surveys. • One multi-agency site visit will be required to review the proposed project, jurisdictional delineation, CRAM results, and proposed on-site restoration of temporary impact areas.

Optional Task: USACE 408 Permit
A USACE 408 permit is not anticipated to be required for the project. If one is determined to be required, a separate scope and fee will be submitted for approval.

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Packet Pg. 272 Attachment: Mojave PS&E_Scope_2025_Final (6147 : Approval to Extend Contract Agreement with Kleinfelder for First Ave Bridge Over Mojave North First Avenue Over Mojave River and Overflow Bridges Bridge Nos. 54C0089 & 54C0090
Final Design
25 ARTICLE AV • Structures (Tasks 4-8)

1. Structural Design and Calculations
Following the Type Selection Meeting and approval of the General Plan, structural design calculations will be prepared in conformance with CALTRANS LRFD Bridge Design Specifications and procedures. All plans and calculations shall conform to the current CALTRANS LRFD Bridge Design criteria and shall be submitted for review and approval. The structural analyses and design will be performed by using Viathor VBridge and VBent, SAP2000, L-PILE, and ABUT programs.

The scope of this work shall include, but not be limited to:
• Bridge plans and construction details shall be prepared on the CITY’s format plan sheets.

Standard details shall be incorporated into the plans where applicable. • Each plan sheet shall be signed and stamped by the Professional Engineer registered in the State of California. Each design shall be independently checked by a Professional Engineer registered in the State of California.
• Environmental Constraints Areas shall be shown in plans (if required in Environmental Document).

2. Independent Check Review
An Independent Check review of the bridge design shall be conducted as soon as the 65% design is complete. Checking shall include preparation of an independent set of structural design check calculations and review of the plans and details. The checker and the designer will resolve any substantial differences and concur on any revisions to the contract plans.

3. Structure Specifications and Cost Estimate
Special Provisions shall be prepared and furnished for items not covered by the CALTRANS Standard Specifications or Standard Special Provisions (SSP).

KLEINFELDER shall edit SSPs and prepare Structure Special Provisions specific to this project, which will be incorporated into the final PS&E. These Structure Special Provisions shall be prepared, signed, and stamped by a Professional Engineer registered in the State of California.

KLEINFELDER shall prepare quantity calculations for bid items and prepare the bridge cost estimate. All contract items used shall be substantiated by calculations. Quantity calculations shall be neat and orderly and shall show all sketches, diagrams, and dimensions necessary to allow them to be independently used by field inspectors. All quantity calculations shall be independently checked and substantiated with calculations.

The Cost Estimate shall be prepared using the latest available CALTRANS cost data, CITY cost data, and actual recent construction costs in the PROJECT area.

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Packet Pg. 273 Attachment: Mojave PS&E_Scope_2025_Final (6147 : Approval to Extend Contract Agreement with Kleinfelder for First Ave Bridge Over Mojave North First Avenue Over Mojave River and Overflow Bridges Bridge Nos. 54C0089 & 54C0090
Final Design
26 4. Quality Control
Structures PS&E will be subject to quality control reviews prior to submittal. These reviews will assure conformance to CALTRANS and CITY standards and criteria as well as minimize typographical omissions.

5. Concept Plans (30% Complete)
The (30%) concept plans shall be prepared and submitted to the CITY for review. These plans will consist of the framework for the structure layouts to confirm appropriate direction of the designs in anticipation of the TSR and plan set. This submittal will include the items listed in this section.

Deliverables:
• Structure Plans.

Assumptions:
• One (1) cycle of comments.
• Comments matrix to be provided with the subsequent PS&E submittal.

6. Draft Structure PS&E (65% Unchecked Plans)
The (65%) structure PS&E shall be compiled and submitted for review to the CITY and, if required, to SBCFCD and other affected agencies/stakeholders approved by the CITY. This submittal will include the items listed in this section.

Deliverables:
• Unchecked Structure Plans.
• Engineer’s Cost Estimate.
• Draft Foundation Report.
• Draft Hydraulics Report.

Assumptions:
• One (1) cycle of comments
• Comments matrix to be provided with the subsequent PS&E submittal

7. Draft Structure PS&E (90% Checked Plans)
The (90%) structure PS&E will be compiled and will incorporate applicable comments from the CITY, SBCFCD, and other affected agencies/stakeholders approved by the CITY. This submittal will include the items listed in this section.

One safety/constructability review meeting will be held at the 90% PS&E stage. One design-level construction schedule will be developed at this stage.

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Packet Pg. 274 Attachment: Mojave PS&E_Scope_2025_Final (6147 : Approval to Extend Contract Agreement with Kleinfelder for First Ave Bridge Over Mojave North First Avenue Over Mojave River and Overflow Bridges Bridge Nos. 54C0089 & 54C0090
Final Design
27 Deliverables:
• Checked Structure Plans
• Design Calculations
• Independent Check Calculations
• Quantity Calculations
• Quantity Check Calculations
• Engineer’s Cost Estimate
• Structure Special Provisions
• Design-Level Construction Schedule
• Comments Matrix
Assumptions:
• One (1) cycle of comments
• Engineer’s Cost Estimate will be returned to KLEINFELDER with comments • Structure Special Provisions will be returned to KLEINFELDER with comments

8. Final Structure PS&E (100% Complete)
The final (100%) structure PS&E will incorporate applicable comments from the CITY, SBCFCD, and other affected agencies/stakeholders approved by the CITY. KLEINFELDER will provide all necessary documents in a bid-ready form. It is assumed that the CITY will advertise, award, and administer the construction contract for this PROJECT.

Deliverables:
• Structure Plans
• Final Design Calculations
• Final Independent Check Calculations
• Final Quantity Calculations
• Final Quantity Check Calculations
• Final Structure Special Provisions
• Engineer’s Cost Estimate
• Final Foundation Report
• Final Hydraulics Report
• Resident Engineer’s File
• 4-Scale Plans of the Bridge Deck Contours
• Structure PS&E Checklist

9. Final Structure PS&E (IFC)
The final structure PS&E will be prepared in a bid-ready form as the “Issue For Construction” (IFC) package.

Deliverables:
• Structure Plans
• Structure Special Provisions

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Packet Pg. 275 Attachment: Mojave PS&E_Scope_2025_Final (6147 : Approval to Extend Contract Agreement with Kleinfelder for First Ave Bridge Over Mojave North First Avenue Over Mojave River and Overflow Bridges Bridge Nos. 54C0089 & 54C0090
Final Design
28 • Engineer’s Cost Estimate
Assumptions:
• Address any final minor comments
• Bid items list will be finalized in this stage
ARTICLE AVI • ROADWAY (Tasks 4-8)
Kimley-Horn will serve as the lead supporting all roadway and civil improvement activities.

The title sheet for specifications and reports, and each sheet of plans, shall bear the professional stamp, certificate number, registration classification, expiration date of the certificate and signature of the Professional Engineer registered in the State of California responsible for their preparation. This section is a summary listing of all discipline drawings that shall be prepared as part of the roadway PS&E.

1. Basic Roadway Plans
The following list of drawing types shall be included, but not limited to:
• Title Sheet
• Typical Cross Sections
• Key Map and Line Index
• Layouts
• Profile & Superelevation
• Construction and Intersection Details
• Contour Grading
• Summary of Quantities
• Stage Construction and Detour for Traffic Handling
• Temporary Water Pollution Control/BMP Facilities
• Drainage On-Site
• Drainage Off-Site

2. Calculations
All roadway calculations will be performed using AutoCAD Civil 3D. The following calculations will be provided:
• Geometric Traverse and Right-of-Way
• Slope Staking Notes
• Grid Grades
• Profile
• Earthwork Quantities
• Other Quantities

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Packet Pg. 276 Attachment: Mojave PS&E_Scope_2025_Final (6147 : Approval to Extend Contract Agreement with Kleinfelder for First Ave Bridge Over Mojave North First Avenue Over Mojave River and Overflow Bridges Bridge Nos. 54C0089 & 54C0090
Final Design
29 3. Drainage Plans
Kimley-Horn shall perform hydrology and hydraulic studies to obtain and provide design solutions, which will remove surface runoff from the area of the improvements. Studies and designs shall be performed in accordance with Chapter 800 of the current Highway Design Manual, District 8 Project Development Policy Memos, and the current CALTRANS Standard Plans.

The following list of drawing types shall be included but not limited to:
• Contour Grading and Drainage Layouts
• Drainage Profiles
• Drainage Details
• Drainage Quantities

4. Traffic Plans
The following list of drawing types shall be included but not limited to:
• Construction Area Signs
• Stage Construction and Traffic Handling
• Detours
• Pavement Delineation
• Roadside Sign Plan
• Street Lighting

5. Landscape Plans
Tatsumi and Partners (Tatsumi) shall develop the landscape design theme to include elements from the CITY’s adjacent project, North 1st Avenue Bridge Over the BNSF Railroad and the CITY’s vision for their Climate Resiliency Plan. Design for re-establishing landscape, irrigation, and/or inert landscape elements will be required on each bridge approach. Conceptual plans will be prepared in coordination with the CITY PROJECT MANAGER and upon approval, these will be fully developed to design plans. The following list of drawing types shall be included but not limited to:
• Conceptual Landscape Plans (30%)
• Conceptual Bridge Aesthetics (30%)
• Irrigation Plans
• Planting Plans
• Aesthetic Details

6. Miscellaneous Plans and Exhibits
The following list of miscellaneous drawing types shall be included but not limited to:
• Utility Plan with Utility Conflict Matrix
• Pothole Plan
• Right of Way Requirements Map
• Basic Landscape Graphics

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Packet Pg. 277 Attachment: Mojave PS&E_Scope_2025_Final (6147 : Approval to Extend Contract Agreement with Kleinfelder for First Ave Bridge Over Mojave North First Avenue Over Mojave River and Overflow Bridges Bridge Nos. 54C0089 & 54C0090
Final Design
30 7. Intermediate Reviews
Roadway, drainage, traffic, landscape, and miscellaneous plans shall be submitted for review to the CITY at the 30%, 65%, 90%, and 100% design stages.

A pre-65% submittal will be prepared and submitted that consists of “skeletal” layouts at approximately 30% completion to confirm appropriate direction of the designs and plan set.

Grid grades and slope staking notes will be provided only at the final 100% complete submittal stage.

8. Specifications and Cost Estimate
Roadway Specifications and Special Provisions will be prepared for items not covered by the CALTRANS Standard Specifications or Standard Special Provisions.

The Roadway Construction Cost Estimate will be prepared using the latest available CALTRANS cost data, CITY cost data, and actual recent construction costs in the PROJECT area.

9. Quality Control
Roadway PS&E will be subject to quality control reviews prior to submittal. These reviews will assure conformance to CALTRANS and CITY standards and criteria as well as minimize typographical omissions.

10. Concept Plans (30% Complete)
The (30%) concept plans shall be prepared and submitted for review to the CITY. These plans will consist of the framework for the layouts to confirm appropriate direction of the designs and plan set. This submittal will include the items listed in this section.

Deliverables:
• Plans
Assumptions:
• One (1) cycle of comments
• Comments matrix to be provided with the subsequent PS&E submittal

11. Draft PS&E (65% Complete)
The (65%) PS&E shall be compiled and submitted for review to the CITY and if required, to SBCFCD and other affected agencies/stakeholders approved by the CITY. This submittal will include the items listed in this section.

Deliverables:

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Packet Pg. 278 Attachment: Mojave PS&E_Scope_2025_Final (6147 : Approval to Extend Contract Agreement with Kleinfelder for First Ave Bridge Over Mojave North First Avenue Over Mojave River and Overflow Bridges Bridge Nos. 54C0089 & 54C0090
Final Design
31 • Plans
• Design Calculations
• Quantities
• Engineer’s Cost Estimate
Assumptions:
• One (1) cycle of comments
• Comments Matrix

12. Draft PS&E (90% Complete)
The (90%) PS&E shall be compiled and submitted for review to the CITY and if required, to SBCFCD and other affected agencies/stakeholders approved by the CITY. This submittal will include the items listed in this section.

One safety/constructability review meeting will be held at the 90% PS&E stage.

Deliverables:
• Plans
• Design Calculations
• Special Provisions
• Quantities
• Engineer’s Cost Estimate
• Comments Matrix
Assumptions:
• One (1) cycle of comments
• Information for the safety/constructability review meeting will consist of previously created deliverables as described herein. No new exhibits or other information is anticipated.

13. Final PS&E (100% Complete)
The final (100%) PS&E will incorporate applicable comments from the CITY, SBCFCD, and other affected agencies/stakeholders approved by the CITY. The package will provide all necessary documents in a bid-ready form. It is assumed that the CITY will advertise, award, and administer the construction contract for this PROJECT.

Deliverables:
• Plans
• Special Provisions
• Engineer’s Cost Estimate
• Final Foundation Report
• Comments Matrix
Assumptions:

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Packet Pg. 279 Attachment: Mojave PS&E_Scope_2025_Final (6147 : Approval to Extend Contract Agreement with Kleinfelder for First Ave Bridge Over Mojave North First Avenue Over Mojave River and Overflow Bridges Bridge Nos. 54C0089 & 54C0090
Final Design
32 • One (1) cycle of comments

14. Final PS&E (IFC)
The final PS&E will be prepared in a bid-ready form and will be considered the Issue For Construction (IFC) package.

Deliverables:
• Plans
• Special Provisions
• Engineer’s Cost Estimate
Assumptions:
• Address any final minor comments
• Bid items list will be finalized in this stage
ARTICLE AVII • Construction Bidding and Award Support (Task 9) KLEINFELDER will support the CITY with preparation of bid materials in anticipation of the prebid meeting. KLEINFELDER will attend the pre-bid meeting upon notification by the CITY.

Bidding procedures will be the responsibility of the CITY. While the PROJECT is being advertised for bids, all questions concerning the intent shall be referred to CITY for resolution. In the event that the items requiring interpretation in the drawings or specifications are discovered during the bidding period, said items shall be analyzed by KLEINFELDER for decision by CITY as to the proper procedure required. Corrective action taken will either be in the form of a response, or an addendum prepared by KLEINFELDER and issued by CITY or by change order after the award of the construction contract.

KLEINFELDER anticipates the following:
• General coordination with the CITY
• Pre-bid meeting materials support
• Attend Pre-bid meeting – up to 1
• RFI Responses – up to 10
• Addenda support – up to 5
ARTICLE AVIII • Design Support During Construction (Task 10)

1. Upon award of the construction contract, KLEINFELDER will proceed with the Construction Support Phase services required by this contract.

2. KLEINFELDER shall attend the pre-construction meeting with the successful contractor upon notification by the CITY.

3. During construction, KLEINFELDER shall furnish all necessary additional drawings for correcting and change orders required by errors and omissions of KLEINFELDER. Such drawings will be requested in writing from KLEINFELDER by CITY and shall be at no

13.d
Packet Pg. 280 Attachment: Mojave PS&E_Scope_2025_Final (6147 : Approval to Extend Contract Agreement with Kleinfelder for First Ave Bridge Over Mojave North First Avenue Over Mojave River and Overflow Bridges Bridge Nos. 54C0089 & 54C0090
Final Design
33 additional cost to the CITY. The original drawings and contract wording for change orders shall be submitted to the CITY for duplication and distribution.

4. KLEINFELDER shall review shop drawings and RFIs submitted by the contractor (falsework and rebar shop-plan review is not included). KLEINFELDER shall complete shop plan reviews within two weeks of receipt. Contract change order and RFI reviews shall be completed within five working days of receipt.

5. Drawings and change orders required due to actions of the CITY, which are beyond the scope of KLEINFELDER’s responsibilities, shall be considered extra services.

6. KLEINFELDER shall be available to visit to the jobsite for on-site review of construction and other visits to the jobsite as requested by the CITY to resolve any discrepancies in the contract documents. KLEINFELDER shall bring to the attention of the CITY’s Resident Engineer, any defects or deficiencies in the work by the construction contractor, observed by KLEINFELDER. KLEINFELDER shall have no authority to issue instructions on behalf of the CITY or to deputize another to do so. All agreements shall be between the CITY and its construction contractor. These provisions shall not be construed as making KLEINFELDER responsible for failure of the construction contractor to carry out the work in accordance with the contract documents, nor the construction means or methods or techniques, sequences, procedures, or safety programs in connection with the work.

7. KLEINFELDER shall prepare and deliver to the CITY the “As-Built” plans within two months of completion of structure construction.

KLEINFELDER anticipates the following:
• Construction Coordination and Meetings
• Field Visits/Observations and Meetings – up to 10
• RFI Responses – up to 80
• Submittal/Shop Drawing Reviews – up to 40
• Contract Change Order Reviews – up to 3
• As-Built plans will be based on a redline markup of the Conformed Bid Plans as provided by the Contractor
• Design changes for the Contractor’s preference are not anticipated • Independent verification is not anticipated

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Packet Pg. 281 Attachment: Mojave PS&E_Scope_2025_Final (6147 : Approval to Extend Contract Agreement with Kleinfelder for First Ave Bridge Over Mojave Kleinfelder Kimley-Horn Advantec Tatsumi Kleinfelder ICF Aguirre Epic Chang DBE DBE Geo DBE
Task 1 - Project Administration
1 Project Management 100,886$ -$ -$ -$ -$ -$ -$ -$ -$ 100,886$ Project Management Plan with Communication Plan 8,775$ -$ -$ -$ -$ -$ -$ -$ -$ 8,775$ 2 QA/QC Plan 8,775$ -$ -$ -$ -$ -$ -$ -$ -$ 8,775$
Project Risk Register 10,169$ -$ -$ -$ -$ 4,579$ -$ -$ -$ 14,748$ 3 PDT Meetings 47,947$ 53,187$ 19,674$ 3,021$ -$ 8,292$ -$ 5,361$ 4,356$ 141,837$ Consultant Team Meetings 31,355$ 53,187$ 17,002$ 3,021$ 15,323$ 13,731$ -$ 4,921$ 5,808$ 144,349$ 4 Progress Report / Invoicing 14,695$ 24,406$ 5,448$ 3,021$ 7,751$ 6,351$ -$ 5,977$ 3,630$ 71,279$ 5 Schedule 16,306$ 6,550$ -$ -$ 3,100$ 2,318$ -$ 1,862$ -$ 30,136$ 6 Contract Administration 11,386$ -$ -$ -$ -$ -$ -$ -$ -$ 11,386$ 7 Support with Local Assistance Documents 50,435$ -$ -$ -$ -$ 1,542$ -$ -$ -$ 51,977$ SUBTOTAL TASK 1.0 300,729$ 137,331$ 42,123$ 9,064$ 26,174$ 36,813$ -$ 18,120$ 13,794$ 584,149$ Task 2 - Engineering Design
1 Design Survey 4,833$ 3,798$ -$ -$ -$ -$ 100,390$ -$ -$ 109,021$ 2 Preliminary Water Quality Analysis 1,133$ 1,110$ -$ -$ -$ -$ -$ -$ -$ 2,243$ 3 Traffic Impact Study/As-Built/Field Review 547$ -$ 7,613$ -$ -$ -$ -$ -$ -$ 8,159$ 4 Draft Hydraulics Report 3,147$ -$ -$ -$ -$ -$ -$ -$ 50,820$ 53,967$ 5 Preliminary ROW Engineering 7,132$ 15,568$ -$ -$ -$ -$ -$ 11,754$ -$ 34,455$ ROW Requirements Mapping/Coordination 4,437$ 4,699$ -$ -$ -$ -$ -$ 885$ -$ 10,021$ 6 Utility Coodination 10,906$ 15,858$ -$ -$ -$ -$ -$ 8,418$ -$ 35,183$ 7 Geotechnical Field Investigation 3,618$ -$ -$ -$ 41,444$ -$ -$ -$ -$ 45,062$ Work Plan 1,974$ -$ -$ -$ 18,795$ 1,159$ -$ -$ -$ 21,928$ LOTBs 2,847$ -$ -$ -$ 9,164$ -$ -$ -$ -$ 12,010$ Draft Foundation Report 3,314$ -$ -$ -$ 59,745$ -$ -$ -$ -$ 63,058$ Draft Geotechnical Design Report 3,314$ -$ -$ -$ 45,824$ -$ -$ -$ -$ 49,138$ Draft Materials Pavement Report 1,035$ -$ -$ -$ 10,467$ -$ -$ -$ -$ 11,501$ 8 Type Selection Report 6,216$ -$ -$ -$ -$ -$ -$ -$ -$ 6,216$ Document Alternatives 43,598$ 13,463$ -$ 4,671$ -$ 1,899$ -$ -$ 2,904$ 66,535$ Draft TSR 56,531$ -$ -$ -$ -$ 1,320$ -$ -$ -$ 57,851$ Final TSR 30,900$ -$ -$ -$ -$ -$ -$ -$ -$ 30,900$ TSR Review Meeting and Summary 8,476$ -$ -$ -$ -$ -$ -$ -$ -$ 8,476$ SUBTOTAL TASK 2.0 193,956$ 54,496$ 7,613$ 4,671$ 185,438$ 4,378$ 100,390$ 21,057$ 53,724$ 625,724$ Task 3 - Environmental and Permitting
1 Environmental Re-validation 2,428$ -$ -$ -$ -$ 56,823$ -$ -$ -$ 59,251$ 2 Update USACE 2019 Jurisdictional Delineation 1,926$ -$ -$ -$ -$ 17,553$ -$ -$ -$ 19,479$ Clean Water Act Section 404 Permit 1,926$ -$ 3,106$ -$ -$ 28,983$ -$ -$ 4,356$ 38,371$ Clean Water Act Section 401 Certification (RWQCB) 1,926$ -$ 3,106$ -$ -$ 28,983$ -$ -$ 4,356$ 38,371$ 1600 Lake and Streambed Alteration Agreement (CDFW) 1,926$ -$ -$ -$ -$ 28,983$ -$ -$ 4,356$ 35,265$ On and Off-Site Habitat Mitigation and Monitoring Plan 1,926$ -$ -$ -$ -$ 23,285$ -$ -$ -$ 25,211$ California Rapid Assessment Method Memorandum 1,926$ -$ -$ -$ -$ 13,467$ -$ -$ -$ 15,392$ SUBTOTAL TASK 3.0 13,981$ -$ 6,212$ -$ -$ 198,078$ -$ -$ 13,068$ 231,340$ Task 4 - 30% Concept Plans
Plans Preparation 9,368$ -$ -$ -$ -$ -$ -$ -$ -$ 9,368$ Roadway and Civil Improvements 1,538$ 80,983$ -$ -$ -$ -$ -$ -$ -$ 82,520$ North First Avenue Over Mojave River and Overflow Bridges PS&E Fee

TASK ANALYSIS

COST SUMMARY PER FIRM

FIRM NAME TOTAL

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Packet Pg. 282
Attachment: Mojave PS&E_Fee_2025_Final (6147 : Approval to Extend Contract Agreement with Kleinfelder Kimley-Horn Advantec Tatsumi Kleinfelder ICF Aguirre Epic Chang DBE DBE Geo DBE

TASK ANALYSIS

COST SUMMARY PER FIRM

FIRM NAME TOTAL
Traffic Handling -$ -$ 13,866$ -$ -$ -$ -$ -$ -$ 13,866$ Bridge Improvements 137,154$ -$ -$ -$ -$ -$ -$ -$ -$ 137,154$ Landscape and Bridge Aesthetics -$ -$ -$ 20,279$ -$ -$ -$ -$ -$ 20,279$ ROW Project Documentation 7,132$ -$ -$ -$ -$ -$ -$ 26,732$ -$ 33,865$ Plats and Legal Descriptions 6,924$ -$ -$ -$ -$ -$ 6,757$ -$ -$ 13,682$ Utility Coodination/Locations 16,372$ -$ -$ -$ -$ -$ -$ 24,758$ -$ 41,130$ Final Foundation Report 3,477$ -$ -$ -$ 7,134$ -$ -$ -$ -$ 10,611$ Final Geotechnical Design Report 3,477$ -$ -$ -$ 4,976$ -$ -$ -$ -$ 8,453$ Final Materials Pavement Report 1,035$ -$ -$ -$ 3,011$ -$ -$ -$ -$ 4,046$ Final Hydraulics Report 3,213$ -$ -$ -$ -$ -$ -$ -$ 18,150$ 21,363$ CLOMR 3,213$ -$ -$ -$ -$ -$ -$ -$ 908$ 4,121$ SUBTOTAL TASK 4.0 192,905$ 80,983$ 13,866$ 20,279$ 15,121$ -$ 6,757$ 51,490$ 19,058$ 400,458$ Task 5 - 65% PS&E
Design Surveying and Mapping Updates 3,909$ -$ -$ -$ -$ -$ 845$ -$ -$ 4,754$ Plans Preparation 17,765$ -$ -$ -$ -$ -$ -$ -$ -$ 17,765$ Roadway and Civil Improvements 1,538$ 330,531$ -$ -$ -$ -$ -$ -$ -$ 332,069$ Traffic Control -$ -$ 73,026$ -$ -$ -$ -$ -$ -$ 73,026$ Signing and Striping -$ -$ 11,607$ -$ -$ -$ -$ -$ -$ 11,607$ Bridge Improvements 200,412$ -$ -$ -$ -$ -$ -$ -$ -$ 200,412$ Street Lighting -$ -$ 18,102$ -$ -$ -$ -$ -$ -$ 18,102$ Landscape -$ -$ -$ 32,861$ -$ -$ -$ -$ -$ 32,861$ Draft Specifications Preparation 17,473$ -$ 8,813$ -$ -$ -$ -$ -$ -$ 26,287$ Cost Estimate 14,406$ 36,859$ 9,930$ -$ -$ -$ -$ -$ -$ 61,196$ Utility Coordination for Design 17,698$ 27,692$ 5,253$ -$ -$ -$ -$ 32,563$ -$ 83,206$ ROW Project Documentation 3,921$ -$ -$ -$ -$ -$ -$ 55,033$ -$ 58,954$ Draft Final Traffic Management Plan 2,899$ -$ 19,290$ -$ -$ -$ -$ -$ -$ 22,189$ TMP Stakeholder Meeting 3,222$ -$ 5,477$ -$ -$ -$ -$ -$ -$ 8,699$ Draft Water Quality Report 2,325$ 12,413$ 6,142$ -$ -$ -$ -$ -$ -$ 20,880$ SUBTOTAL TASK 5.0 285,567$ 407,495$ 157,641$ 32,861$ -$ -$ 845$ 87,596$ -$ 972,004$ Task 6 - 90% PS&E
Plans Preparation 9,368$ -$ -$ -$ -$ -$ -$ -$ -$ 9,368$ Roadway and Civil Improvements 1,538$ 175,451$ -$ -$ -$ -$ -$ -$ -$ 176,988$ Traffic Control -$ -$ 24,932$ -$ -$ -$ -$ -$ -$ 24,932$ Signing and Striping -$ -$ 6,683$ -$ -$ -$ -$ -$ -$ 6,683$ Bridge Improvements 129,081$ -$ -$ -$ -$ -$ -$ -$ -$ 129,081$ Street Lighting -$ -$ 8,486$ -$ -$ -$ -$ -$ -$ 8,486$ Landscape -$ -$ -$ 15,126$ -$ -$ -$ -$ -$ 15,126$ Draft Specifications Preparation 14,722$ -$ 3,730$ 1,127$ 8,220$ -$ -$ -$ -$ 27,799$ Cost Estimate 9,785$ -$ 2,783$ 1,557$ -$ -$ -$ -$ -$ 14,125$ Construction Schedule (Design-Level) 6,545$ -$ -$ -$ -$ -$ -$ -$ -$ 6,545$ Utility Coordination/Verification 19,232$ -$ -$ -$ -$ -$ -$ 14,586$ -$ 33,818$ ROW Certification Preparation 7,552$ 13,815$ -$ -$ -$ -$ -$ 2,382$ -$ 23,748$ Final Traffic Management Plan 1,515$ -$ 9,460$ -$ -$ -$ -$ -$ -$ 10,975$ Final Water Quality Report 1,488$ 11,758$ 3,106$ -$ -$ -$ -$ -$ -$ 16,352$ Constructability Review 19,243$ 16,192$ 8,012$ 3,693$ 8,220$ 1,320$ -$ 2,690$ 3,630$ 63,000$ SUBTOTAL TASK 6.0 220,070$ 217,216$ 67,192$ 21,503$ 16,440$ 1,320$ -$ 19,658$ 3,630$ 567,028$ Task 7 - Final PS&E (100%)
Plans Preparation 9,368$ -$ -$ -$ -$ -$ -$ -$ -$ 9,368$

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Packet Pg. 283
Attachment: Mojave PS&E_Fee_2025_Final (6147 : Approval to Extend Contract Agreement with Kleinfelder Kimley-Horn Advantec Tatsumi Kleinfelder ICF Aguirre Epic Chang DBE DBE Geo DBE

TASK ANALYSIS

COST SUMMARY PER FIRM

FIRM NAME TOTAL
Roadway and Civil Improvements 1,538$ 116,445$ -$ -$ -$ -$ -$ -$ -$ 117,983$ Traffic Control -$ -$ 9,249$ -$ -$ -$ -$ -$ -$ 9,249$ Signing and Striping -$ -$ 3,906$ -$ -$ -$ -$ -$ -$ 3,906$ Bridge Improvements 56,227$ -$ -$ -$ -$ -$ -$ -$ -$ 56,227$ Street Lighting -$ -$ 2,474$ -$ -$ -$ -$ -$ -$ 2,474$ Landscape -$ -$ -$ 14,411$ -$ -$ -$ -$ -$ 14,411$ Final Specifications Preparation 23,831$ -$ 1,865$ 800$ -$ -$ -$ -$ -$ 26,497$ Cost Estimate 9,917$ -$ 2,783$ 1,743$ -$ -$ -$ -$ -$ 14,443$ Utility Coordination for Relocation 16,528$ -$ -$ -$ -$ -$ -$ 8,827$ -$ 25,355$ ROW Certification 13,968$ -$ -$ -$ -$ -$ -$ 6,150$ -$ 20,119$ Prepare Resident Engineer's File 7,362$ 11,557$ 2,318$ -$ -$ -$ -$ 672$ -$ 21,909$ SUBTOTAL TASK 7.0 138,740$ 128,003$ 22,595$ 16,954$ -$ -$ -$ 15,650$ -$ 321,942$ Task 8 - Final PS&E (ICF)
Final Plans 17,928$ -$ 9,005$ 8,711$ -$ 10,447$ -$ -$ -$ 46,092$ Final Specifications 4,415$ -$ 1,865$ -$ -$ -$ -$ -$ -$ 6,280$ Final Engineer's Cost Estimate 5,600$ -$ 2,783$ 671$ -$ -$ -$ -$ -$ 9,054$ Final Bid Items List 5,112$ -$ -$ -$ -$ -$ -$ -$ -$ 5,112$ Update Resident Engineer's File 3,749$ -$ -$ -$ -$ -$ -$ 672$ -$ 4,422$ SUBTOTAL TASK 8.0 36,804$ -$ 13,653$ 9,382$ -$ 10,447$ -$ 672$ -$ 70,958$ Task 9 - Construction Bidding and Award Support
General Coordination 16,646$ -$ -$ -$ -$ -$ -$ -$ -$ 16,646$ Pre-Bid Meeting Materials 10,906$ 11,557$ 1,724$ 567$ -$ -$ -$ -$ -$ 24,753$ Pre-Bid Meeting 837$ -$ -$ -$ -$ -$ -$ -$ -$ 837$ Respond to Bid RFIs 8,245$ 11,557$ 2,318$ 3,507$ 5,120$ 2,374$ -$ 2,836$ -$ 35,957$ Addenda 5,678$ -$ -$ -$ -$ -$ -$ -$ -$ 5,678$
SUBTOTAL TASK 9.0 42,312$ 23,115$ 4,041$ 4,073$ 5,120$ 2,374$ -$ 2,836$ -$ 83,871$ Task 10 - Design Support During Construction
Construction Coordination and Meetings 12,485$ -$ 10,201$ -$ -$ 1,449$ -$ 3,245$ -$ 27,380$ Field Visits/Observations and Meetings 32,954$ -$ 7,256$ -$ -$ -$ -$ -$ -$ 40,210$ RFI Responses 68,192$ 91,632$ 4,124$ 5,012$ 9,746$ 3,010$ -$ -$ -$ 181,716$ Submittal/Shop Drawing Reviews 58,772$ -$ 5,930$ 3,765$ -$ 3,300$ -$ -$ -$ 71,767$ Contract Change Order Reviews 5,176$ -$ 4,124$ -$ -$ -$ -$ 1,082$ -$ 10,381$ As-Builts 18,224$ 11,103$ 4,565$ 5,251$ -$ -$ -$ -$ -$ 39,143$ LOMR (after As-Buitls) 14,379$ -$ -$ -$ -$ -$ -$ -$ 908$ 15,287$ SUBTOTAL TASK 10.0 210,182$ 102,735$ 36,200$ 14,027$ 9,746$ 7,759$ -$ 4,327$ 908$ 385,884$ TASK 1.0 - 10.0 SUBTOTAL 1,635,246$ 1,151,374$ 371,137$ 132,814$ 258,039$ 261,170$ 107,992$ 221,406$ 104,181$ 4,243,358 $ Direct Costs 85,308$ 30,000$ 10,010$ 2,096$ 179,921$ 2,315$ 19,310$ 91,600$ 18,000$ 438,560$ BASE SCOPE TOTALS 1,720,554$ 1,181,374$ 381,147$ 134,910$ 437,960$ 263,486$ 127,302$ 313,006$ 122,181 $ 4,681,918$ ESCALATION per (10-H) 59,936.82$ 32,238.40$ 13,600.50$ 4,867.08$ 2.97$ 20,404.28$ 8,990.85$ 7,177.87$ 3,818.43$ 151,038.20$ TOTAL COST per (10-H) 1,780,490.32$ 1,213,612.05$ 394,747.00$ 139,777.23$ 437,962.65$ 283,889.82$ 136,292.68$ 320,184.36$ 126,000.43$ 4,832,956.54$ DBE Goal 12% (of contract total) 561,830.20$ 12% Goal
DBE Provided 381,147$ 134,910$ 127,302$ 643,358.48$ 13.7% Provided

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Packet Pg. 284
Attachment: Mojave PS&E_Fee_2025_Final (6147 : Approval to Extend Contract Agreement with Kleinfelder Kimley-Horn Advantec Tatsumi Kleinfelder ICF Aguirre Epic Chang DBE DBE Geo DBE
Task 1 - Project Administration
1 Project Management 676 676
Project Management Plan with Communication Plan 72 72
2 QA/QC Plan 72 72
Project Risk Register 68 20 88
3 PDT Meetings 280 200 104 16 32 36 24 692
Consultant Team Meetings 200 200 80 16 60 66 30 32 684
4 Progress Report / Invoicing 110 120 24 16 30 30 35 20 3855 Schedule 102 20 12 8 10 1526 Contract Administration 66 66 7 Support with Local Assistance Documents 280 6 286
SUBTOTAL TASK 1.0 1926 540 208 48 102 162 111 76 3173
Task 2 - Engineering Design
1 Design Survey 30 20 582 632
2 Preliminary Water Quality Analysis 8 6 14
3 Traffic Impact Study/As-Built/Field Review 4 54 584 Draft Hydraulics Report 16 280 296 5 Preliminary ROW Engineering 42 84 95 221
ROW Requirements Mapping/Coordination 26 26 4 56
6 Utility Coodination 66 80 72 2187 Geotechnical Field Investigation 18 302 320 Work Plan 10 120 4 134LOTBs 14 60 74Draft Foundation Report 16 388 404Draft Geotechnical Design Report 16 316 332Draft Materials Pavement Report 6 62 68 8 Type Selection Report 32 32
Document Alternatives 248 74 36 8 16 382Draft TSR 382 6 388Final TSR 190 190TSR Review Meeting and Summary 52 52 SUBTOTAL TASK 2.0 1176 290 54 36 1248 18 582 171 296 3871 Task 3 - Environmental and Permitting 361
1 Environmental Re-validation 14 347 361
2 Update USACE 2019 Jurisdictional Delineation 11 110 121 North First Avenue Over Mojave River and Overflow Bridges PS&E Fee

HOUR SUMMARY PER FIRM

FIRM NAME TOTAL

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Packet Pg. 285
Attachment: Mojave PS&E_Fee_2025_Final (6147 : Approval to Extend Contract Agreement with Kleinfelder Kimley-Horn Advantec Tatsumi Kleinfelder ICF Aguirre Epic Chang DBE DBE Geo DBE

HOUR SUMMARY PER FIRM

FIRM NAME TOTAL
Clean Water Act Section 404 Permit 11 16 190 24 241Clean Water Act Section 401 Certification (RWQCB) 11 16 190 24 2411600 Lake and Streambed Alteration Agreement (CDFW) 11 190 24 225On and Off-Site Habitat Mitigation and Monitoring Plan 11 150 161California Rapid Assessment Method Memorandum 11 85 96 SUBTOTAL TASK 3.0 80 32 1262 72 1446
Task 4 - 30% Concept Plans
Plans Preparation 58 58
Roadway and Civil Improvements 8 430 438Traffic Handling 98 98Bridge Improvements 800 800Landscape and Bridge Aesthetics 153 153 ROW Project Documentation 42 203 245
Plats and Legal Descriptions 42 40 82
Utility Coodination/Locations 106 206 312Final Foundation Report 18 36 54Final Geotechnical Design Report 18 28 46Final Materials Pavement Report 6 16 22Final Hydraulics Report 16 100 116CLOMR 16 5 21 SUBTOTAL TASK 4.0 1130 430 98 153 80 40 409 105 2445
Task 5 - 65% PS&E
Design Surveying and Mapping Updates 20 5 25Plans Preparation 110 110 Roadway and Civil Improvements 8 1707 1715Traffic Control 505 505Signing and Striping 82 82Bridge Improvements 1210 1210Street Lighting 130 130Landscape 254 254 Draft Specifications Preparation 86 48 134Cost Estimate 106 190 68 364Utility Coordination for Design 102 152 34 272 560ROW Project Documentation 22 420 442Draft Final Traffic Management Plan 18 136 154 TMP Stakeholder Meeting 22 34 56
Draft Water Quality Report 12 64 24 100
SUBTOTAL TASK 5.0 1716 2113 1061 254 5 692 5841
Task 6 - 90% PS&E

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Packet Pg. 286
Attachment: Mojave PS&E_Fee_2025_Final (6147 : Approval to Extend Contract Agreement with Kleinfelder Kimley-Horn Advantec Tatsumi Kleinfelder ICF Aguirre Epic Chang DBE DBE Geo DBE

HOUR SUMMARY PER FIRM

FIRM NAME TOTAL
Plans Preparation 58 58
Roadway and Civil Improvements 8 890 898Traffic Control 174 174Signing and Striping 44 44Bridge Improvements 808 808Street Lighting 61 61Landscape 114 114 Draft Specifications Preparation 74 20 8 32 134Cost Estimate 66 19 12 97Construction Schedule (Design-Level) 32 32Utility Coordination/Verification 108 122 230ROW Certification Preparation 50 70 18 138Final Traffic Management Plan 10 58 68Final Water Quality Report 8 62 16 86Constructability Review 98 60 40 23 32 6 16 20 295 SUBTOTAL TASK 6.0 1320 1082 432 157 64 6 156 20 3237
Task 7 - Final PS&E (100%)
Plans Preparation 58 58
Roadway and Civil Improvements 8 600 608Traffic Control 63 63Signing and Striping 26 26Bridge Improvements 348 348Street Lighting 16 16Landscape 109 109 Final Specifications Preparation 114 10 5 129Cost Estimate 66 19 14 99Utility Coordination for Relocation 84 76 160ROW Certification 82 47 129Prepare Resident Engineer's File 50 51 14 4 119 SUBTOTAL TASK 7.0 810 651 148 128 127 1864
Task 8 - Final PS&E (ICF)
Final Plans 106 59 65 60 290Final Specifications 26 10 36Final Engineer's Cost Estimate 34 19 5 58Final Bid Items List 30 30Update Resident Engineer's File 24 4 28 SUBTOTAL TASK 8.0 220 88 70 60 4 442
Task 9 - Construction Bidding and Award Support
General Coordination 96 96Pre-Bid Meeting Materials 68 51 11 3 133

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Packet Pg. 287
Attachment: Mojave PS&E_Fee_2025_Final (6147 : Approval to Extend Contract Agreement with Kleinfelder Kimley-Horn Advantec Tatsumi Kleinfelder ICF Aguirre Epic Chang DBE DBE Geo DBE

HOUR SUMMARY PER FIRM

FIRM NAME TOTAL
Pre-Bid Meeting 4 4Respond to Bid RFIs 54 51 14 21 20 10 20 190 Addenda 39 39
SUBTOTAL TASK 9.0 261 102 25 24 20 10 20 462
Task 10 - Design Support During Construction
Construction Coordination and Meetings 72 48 5 24 149Field Visits/Observations and Meetings 200 49 249RFI Responses 426 440 26 31 38 14 975Submittal/Shop Drawing Reviews 355 38 24 15 432Contract Change Order Reviews 30 26 8 64 As-Builts 98 60 28 44 230
LOMR (after As-Buitls) 78 5 83
SUBTOTAL TASK 10.0 1259 500 215 99 38 34 32 5 2182
TASK 1.0 - 10.0 SUBTOTAL 9898 5708 2361 969 1552 1552 627 1722 574 23241 Direct Costs 85,307.68$ 30,000.00$ 10,010.00 $ 2,096.00$ 179,921.00$ 2,315.39$ 19,310.00$ 91,600.00$ 18,000.00$ 438,560.07$

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Packet Pg. 288
Attachment: Mojave PS&E_Fee_2025_Final (6147 : Approval to Extend Contract Agreement with 05493000.001A/SDI20L108132 September 30, 2025
© 2025 Kleinfelder www.kleinfelder.com
550 West C Street, Suite 1200, San Diego CA 92101 p | 619.831.4600 f | 619.232.1039 September 30, 2025
Kleinfelder Project No. 05493000.001A
Mr. Fidel Martinez
Senior Community Development Inspector
220 E. Mountain View Street, Suite A
Barstow, CA 92311
SUBJECT: Contract Extension for North First Avenue Bridge Over Mojave River Dear Fidel:

Per our conversation with City staff this August, Kleinfelder is requesting a contract extension for the North First Avenue Bridge Over Mojave River project. Phase I (PAED) was completed in 2021. The original contract expired on January 4, 2019. Since then, we have continued to perform work to prevent delays on the project, and the City has continued to pay our invoices.

However, continuing to work without a contract poses risks for Kleinfelder and the City. We request extending the contract to January 4, 2030, or end of project construction, whichever is later, to cover Final Design (Phases II, III, and IV).

This contract extension request does not include additional fee request. Please provide authorization for the contract extension so that Kleinfelder can proceed with work on the project.

Please contact me directly if you have any questions on this matter.

Thank you for your consideration,

KLEINFELDER
Karibia Baillargeon
Project Manager

13.f
Packet Pg. 289 Attachment: Contract Time Extension_09-30-25 (6147 : Approval to Extend Contract Agreement with Kleinfelder for First Ave Bridge Over Joint Special Council/BFPD
10/7/25 05:30 PM
City Manager Department
Matthew Summers
Policy
Doc ID: 6148

COUNCIL AGENDA ITEM
AGENDA MATTER:

CONSIDER THE ADOPTION OF A CITY POLICY PROHIBITING APPOINTED COMMITTEE AND

COMMISSION MEMBERS AND THEIR AFFILIATED ORGANIZATIONS FROM RECEIVING FINANCIAL ASSISTANCE FROM THE CITY.

EXECUTIVE SUMMARY:

The proposed policy would make sitting committee and commission members, as well as their affiliated organizations, ineligible to receive any form of financial assistance from the City during their term of appointment, including grants, fee waivers, in-kind contributions, and other financial support.

DISCUSSION:

Background
At the August 5, 2025 regular City Council Meeting, the Rules and Policy Committee was tasked with considering a policy under which City officials appointed to serve on City commissions and committees, as well as any organization affiliated with those officials, are ineligible to receive City financial assistance.

Rules and Policy Committee Proceedings
An initial draft of the proposed policy was developed for consideration by the Rules and Policy Committee at its August 26, 2025 Committee Meeting. In addition to expressing general opposition to the initial draft of the policy, the Committee directed staff to make several edits for clarity and to provide guidance on potential actions the Committee could take with respect to the proposed policy.

A final draft of the proposed policy - attached hereto as Attachment 1 - was presented to the Rules and Policy Committee for further discussion at its September 30, 2025 Committee Meeting. The Rules and Policy Committee remained opposed to the proposed policy and voted to return the policy to the City Council for consideration with the recommendation that the City Council not adopt the policy.

Proposed Policy Key Provisions
Prohibition: Appointed sitting members of City committees and commissions, as well as their affiliated organizations, are ineligible to receive any financial assistance, monetary contributions, in-kind support, or fee waivers from the City during their appointment term.

Covered Forms of Assistance: The restriction applies to:
• Community Promotional Funds and Community Benefit Program allocations • Grants, sponsorships, and subsidies
• In-kind support (equipment, supplies, etc.)
• Fee waivers or reductions (facility rentals, permits of all types including use, development, building, business, film, fire, alarm, parking, special event, street closure permits, etc.) 14 Packet Pg. 290
Joint Special Council/BFPD
10/7/25 05:30 PM
City Manager Department
Matthew Summers
Policy
Doc ID: 6148

COUNCIL AGENDA ITEM
• Any other City-administered financial assistance programs Scope of Applicability: The policy applies to appointed individual committee and commission members, as well as organizations, businesses, or groups where the member has a financial interest, ownership, or governing role (including positions as owner, officer, board member, or director).

Disclosure Requirements:
• Applicants for committee or commission positions must disclose financial interests in organizations that may seek City assistance.
• Current members must immediately disclose potential conflicts if their affiliated organization seeks City assistance.

Recusal and Funding Bar: When an affiliated organization applies for City assistance, the member must recuse themselves from all related deliberations, discussions, or recommendations. The affiliated organization remains ineligible for funding throughout the member's entire appointment period.

Exceptions:
• This policy does not apply to elected officials, who are governed by other conflict of interest laws including the Political Reform Act and Government Code section 1090. • Individual members may receive low-income public assistance available on equal terms to the general public without specific Council approval (such as meals on wheels or food assistance).

Enforcement: Violations may result in disqualification of the funding request and/or removal of the member from their committee or commission by City Council action.

Attachment 1 - Proposed City Policy Regarding: Restriction Financial Assistance to Committee and Commission Members
FISCAL IMPACT:

The draft policy does not require the expenditure of any City funds and is not expected to have a financial impact on the City.

RECOMMENDED ACTION:

Staff recommends that the City Council consider whether to adopt the proposed policy. 14 Packet Pg. 291
413555.1
ATTACHMENT 1
Draft City Policy Regarding:

Restriction Financial Assistance to
Committee and Commission Members

14.a
Packet Pg. 292 Attachment: Appointed Official Financial Assistance Policy (6148 : Restrictions on Committee Member Financial Assistance) Policy Number: ______________________
Date Established: ______________________
Date Revised: ______________________
City Manager Approval: ______________________
409084.3 Page 1 of 2
SUBJECT: Restriction on Financial Assistance to Committee and Commission Members
PURPOSE: The purpose of this policy is to establish clear guidelines to ensure that members of City committees and commissions do not receive financial assistance, grants, subsidies, or other forms of monetary support from the City of Barstow, thereby preventing any possible conflicts of interest and maintaining public trust in municipal decision-making.

Authority
This policy is adopted pursuant to the City of Barstow’s Municipal Code, as well as the general authority of the City Council to regulate appointments and governance of its boards, committees, and commissions, and under its plenary powers regarding the distribution of public funds.

Policy

1. Prohibition on Financial Assistance
o No sitting member of a City committee or commission, or their affiliated organizations, shall be eligible to receive any form of financial assistance, monetary contribution, inkind support, or fee waiver from the City of Barstow during their term of appointment.

2. Covered Forms of Assistance
o This restriction applies to, but is not limited to:
▪ Community Promotional Funds
▪ Community Benefit Program allocations
▪ Grants, sponsorships, or subsidies
▪ In-kind support (e.g., equipment, supplies, etc.)
▪ Waiver or reduction of City fees (e.g., facility rentals; permits, including, without limitation, use and development permits, building permits, business permits, film permits, fire permits, alarm permits, parking permits, special event permits, and street closure permits; etc.)
▪ Any other financial assistance program administered or overseen by the City

3. Applicability
o This policy applies to:

CITY OF BARSTOW

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▪ Individual City committee or commission members
▪ Organizations, businesses, or groups where the member has a financial interest, ownership, or governing role, including when the City committee or commission member is an owner or serves as an officer, board member, or direction of the organization.

4. Disclosure of Interest
o Applicants for committee or commission positions must disclose any financial interests in organizations that may seek City assistance. o Current members must disclose potential conflicts immediately if their affiliated organization seeks City assistance.

5. Funding Bar and Recusal Requirement
o In the event that an affiliated organization applies for City assistance, the member shall recuse themselves from all related deliberations, discussions, or recommendations.
o The City committee or commission member’s affiliated organization shall not be eligible for funding during the member’s appointment period.

6. Duration of Restriction
o Restrictions remain in effect during the entire term of service.

Exceptions

1. This policy does not apply to any elected City officials, as elected City officials are governed by other applicable conflicts of interest prevention laws, including the Political Reform Act and Government Code section 1090. Note: City Commissioners and committee members are bound by these laws too, and by this additional policy.

2. This policy does not apply to any form of individual low-income public assistance available on equal terms, without specific Council approval, to any member of the public.

Examples of this exception are any individual meals on wheels or other food assistance recipients provided in part with City funding. This exception solely allows the City committee or commission member to receive such individual public assistance.

Enforcement
• Violations of this policy may result in:
o Disqualification of the funding request, and/or
o Removal of the member from their committee or commission by action of the City Council.

Effective Date
This policy shall take effect immediately upon adoption by the City Council.

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City Manager Department
Rochelle Clayton
Report
Doc ID: 6158

AGENDA ITEM
AGENDA MATTER:

PROPOSED FUNDING AGREEMENT WITH SAN BERNARDINO COUNTY FOR BARSTOW

CEMETERY DISTRICT
EXECUTIVE SUMMARY:

The Cemetery District contacted the office of San Bernardino County First District Supervisor Col. Paul Cook to request assistance from the Board's discretionary funding. The Board of Supervisors allocates discretionary funding to support various community initiatives.

The Board of Supervisors (BOS) approved more than $605,000 in discretionary funding to various organizations through the District Specific Priorities Program. A requirement of the BOS is to obtain a 25% match requirement in order to allocate its discretionary funds.

DISCUSSION:

On September 9, 2025, the City Manager met with the BOS to discuss shared interests and initiatives, including the Cemetery District which serves both City and County residents. On September 16, 2025, Christopher Porter, Policy Director for BOS First District, emailed the Mayor and City Manager regarding the funding request by the Cemetery District for curbing, and the BOS discretionary funding process requirements. Mr. Porter indicated that his office would allocate $80,000 if the City would confirm it's intent to manage the project and commitment to fund a 25% match, or $26,667.

Staff is requesting Council approval to allocate $26,667 of Measure Q fund balance to offset the 25% funding match to the County's commitment of $80,000, for a total project budget of $106,667. Additionally, staff is requesting Council approval of staff in-kind services to manager the curbing project with in-house staff.

Attached is the email from Christopher (CJ) Porter, Policy Director of BOS First District, sent September 16, 2025.

FISCAL IMPACT:

If approved as recommended, the fiscal impact is $26,667 to the City's Measure Q General Fund balance and in-kind staff support to manage the curbing project.

RECOMMENDED ACTION:

It is recommended that the Mayor and City Council:
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Rochelle Clayton
Report
Doc ID: 6158

AGENDA ITEM

1.) Enter into a Funding Agreement with San Bernardino County to provide funding to the Barstow Cemetery District, in the amount of $26,667 from the City as a 25% match to the County's 75% contribution of $80,000; and

2.) Approve in-kind staffing services to provide project management of the Cemetery District curbing project.
15 Packet Pg. 296
1 Rochelle Clayton
From: Porter, Christopher <[email protected]> Sent: Tuesday, September 16, 2025 9:44 AM
To: Timothy Silva; Rochelle Clayton
Subject: Cemetery Curbing- Discretionary Funding Process [NOTICE: THIS IS AN EXTERNAL EMAIL]
Do not open any suspicious attachments or links. Do not reply to any requests for sensitive information. If in doubt, call the sender to confirm!

This sender is trusted.

Tim and Rochelle,
In regards to assisting with curbing at the cemetery, in order for us to proceed on allocating that $80k in discretionary funding for the project, we will need a request in writing from the city confirming your intent to manage the project and your willingness to provide a 25% match. Per Dakota, our Deputy Chief, once we get that, he will get the ball rolling with finance, and then it will take about 30 days before it comes before the Board of Supervisors and another 60 before you receive the funds.

Let me know if you have any questions.

Christopher (CJ) Porter
Policy Director
Office of San Bernardino County First District Supervisor Col. Paul Cook (Ret.) Sent Remotely

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10/7/25 05:30 PM
City Clerk / Records
Maribel Hernandez
Policy
Doc ID: 6156

AGENDA ITEM
AGENDA MATTER:

ADOPT RESOLUTION ADOPTING COMMUNITY PROMOTIONAL FUND POLICY THAT

CONSOLIDATES AND SUPERSEDES THE EXISTING COMMUNITY PROMOTIONAL FUND POLICY (POLICY NO. 50-01) AND YOUTH COMMUNITY PROMOTIONAL FUND POLICY (REV. 05.28.2024) EXECUTIVE SUMMARY:

Staff is recommending that the City Council adopt a resolution adopting City Council Policy Memorandum #2025-XX that establishes the City’s new Community Promotional Fund Policy, which consolidates and supersedes the City’s existing Community Promotional Fund Policy (Policy No. 50-01) and Youth Community Promotional Fund Policy (rev. 05.28.2024).

DISCUSSION:

Background
The City’s Community Promotional Fund Policy was established on April 7, 1997 and last revised on August 19, 2013. A copy of the Community Promotional Fund Policy is attached as Attachment 1.

On December 16, 2019, the City established a Youth Community Promotional Fund Policy that outlined separate procedures and policies for youth organizations to apply for resources and services funded through the Community Promotional Fund. The Youth Community Promotional Fund Policy was last revised on May 28, 2024. A copy of the Youth Community Promotional Fund Policy is attached as Attachment 2.

In 2018, the City of Barstow electorate passed Measure Q, which increased sales tax by one percent.

Since Measure Q’s adoption, the City has used the Community Promotional Fund as a conduit to pass through Measure Q funds to community programs. Funding is provided either through cash grants or inkind contributions, such as fee waivers, donations of supplies and equipment, and City planning and logistical support.

Creation of Proposed Community Promotional Fund Policy
At the March 3, 2025 City Council Meeting, the award of Measure Q Youth Community Promotional Funds was before the City Council, during which time the City Council expressed several desired updates to the Community Promotional Fund policies, including specifically, but without limitation:
(a) consolidating the Community Promotional Fund Policy and Youth Community Promotional Fund Policy; (b) eliminating committee review of applications such that they are all reviewed by the City Council; (c) clarifying the budget appropriation and funding cycle processes, (d) delineating between property that is donated to youth sports organizations and property that remains the property of the City; and (e) elaborating on the permissible use of funds within the community. City staff utilized the Committee’s 16 Packet Pg. 298
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Policy
Doc ID: 6156

AGENDA ITEM
direction to create the draft the Community Promotional Fund Policy (“CPF Policy”), which included additional revisions to improve the language, structure, clarity, and flow. The CPF Policy was brought before the Rules & Policy Committee on February 25, 2025, March 27, 2025, April 29, 2025, May 27, 2025, and July 29, 2025 where further changes were recommended and implemented.

The revised draft of the CPF Policy, with the revisions requested at the July 29, 2025 Rules & Policy Committee shown in red, is attached as Attachment 3. A clean version of the CPF Policy is attached as Attachment 4.

Overview of CPF Policy
Executive Summary of CPF Policy
The Community Promotional Fund Policy establishes guidelines for distributing Measure Q tax revenue to community-based nonprofit organizations, youth sports organizations, and schools within the Barstow community. The policy creates a structured framework for awarding grants and in-kind contributions to projects that serve public purposes and benefit Barstow residents.

Key Program Features
Funding Types:
 Cash Grants: Direct financial support up to $3,000 per recipient per fiscal year  In-Kind Contributions: City staff support, venue fee waivers, equipment, supplies, and other assistance valued up to $3,000 per recipient per fiscal year  Event Support: Limited to $1,000
 City Council has discretion to award more than the foregoing amounts Eligible Recipients:
 California 501(c)(3) nonprofit organizations located in and serving Barstow  Youth sports organizations (must partner with nonprofits if not 501(c)(3))  Barstow Unified School District schools and schools located within Barstow  Recipients limited to one award per fiscal year (except multiple events allowed) Public Purpose Requirements:

All funded projects must do one or more of the following:
 Recognize or promote the Barstow community
 Promote community collaboration
 Provide direct social and/or economic benefit to the community 16 Packet Pg. 299
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AGENDA ITEM
Benefit Barstow residents and/or Barstow school attendees Application Process and Timeline:
 Annual award cycle
 Application Deadline: Second Thursday in August
 Review Period: September
 Interviews: September (as needed)
 Awards Announced: First or second regular City Council meeting in October Selection Criteria:

The City Council evaluates applications based on:
 Written application completeness
 Interview responses (if applicable)
 Demonstration of public purpose
 Community benefit potential
Requirements and Restrictions:

Mandatory Requirements:
 Formal program agreement with measurable deliverables  Insurance compliance with City standards
 Background checks for staff/volunteers working with minors and seniors (62+)  Follow-up report within 30 days of fund utilization
 City audit compliance
 City recognition in all promotional materials
Restrictions:
 No retroactive funding
 No sole-source City funding
 Events must be in public locations and open to all
 No political or religious events
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 For-profit entities ineligible (except youth sports with nonprofit partners)  Individuals (natural persons) ineligible
Special Provisions for Youth Sports:
 Items under $100 (balls, uniforms, etc.) may become donations to organizations  Items over $100 remain City property with maintained inventory  Detailed specification of resource needs required
Financial Controls:
 Annual appropriation as part of City budget adoption
 City Council specifies Measure Q allocation amounts
 Applications not processed until budget approval
Accountability Measures:
 Program agreements with performance standards
 Monitoring against deliverables
 Breach procedures with cure opportunities
 Repayment requirements for misused funds
 Five-year ineligibility period for terminated agreements California Environmental Quality Act
Adopting the resolution is not subject to the California Environmental Quality Act (CEQA) under CEQA guidelines Section 15061(b)(3) because CEQA applies only to projects that have the potential for causing a significant effect on the environment. It can be seen with certainty that there is no possibility that adopting the CPF Policy will have a significant effect on the environment because the City is simply establishing a policy for awarding grants and in-kind contributions to projects that serve public purposes and benefit Barstow residents.
 Attachment 1 - Community Promotional Fund Policy (Policy No. 50-01)  Attachment 2 - Youth Community Promotional Fund Policy (rev.

05.28.2024)
 Attachment 3 - City Council Policy Memorandum #2025-XX, Community Promotional Fund Policy (redlined version)
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AGENDA ITEM
 Attachment 4 - City Council Policy Memorandum #2025-XX, Community Promotional Fund Policy (clean version)
 Attachment 5 - Resolution Adopting City Council Policy Memorandum #2025-XX, Community Promotional Fund
FISCAL IMPACT:

Only those Measure Q funds allocated to the Community Promotional Fund by the City Council through the regular budget adoption process will be subject to the CPF Policy. Adopting the CPF Policy in and of itself is not expected to have any fiscal impact on the City.

RECOMMENDED ACTION:

Staff recommends adopting the proposed resolution to adopt the CPF Policy to consolidate the City’s two existing community promotional fund policies and to provide clear, consistent guidelines for Community Promotional Fund administration while ensuring accountability, transparency, and maximum community benefit from Measure Q revenues allocated to the Community Promotional Fund.. 16 Packet Pg. 302
ATTACHMENT 1
Community Promotional Fund Policy
(Policy No. 50-01)

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Packet Pg. 303 Attachment: Attachment 1 CPFP (6156 : Adopt Resolution XX-2025 Updating Community Promotional Fund & Youth Policy) Policy Number: 50-01
Date Established: April 7, 1997
Date Revised: _ August 19, 2013
City Manager Approval:

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SUBJECT: COMMUNITY PROMOTIONAL FUND POLICY
PURPOSE: To establish guidelines for funding and supporting events that provide social and economic benefits and/or recognition to the community.

GENERAL POLICY
The Community Promotional Fund process provides funding and resources for community-based organizations, schools and individuals that develop events and programs to meet new and continuing social and economic needs and trends, promote community collaboration, and/or bring recognition to the community.

PROVISIONS
A. Program Guidelines

1. The City can provide financial support through cash grants or in-kind services such as city staff planning and logistical support, waiver of venue fees, and other assistance as needed. Providing either cash grants or in-kind services is conditional based on agreed criteria to be met by the event organizer(s) or individual.

2. Cash grants and in-kind services must be used for a direct public purpose. The public purpose shall be served if the community of Barstow is recognized or promoted, or there is a direct and identifiable social and economic benefit to the community as a whole.

3. Each fiscal year, Community Promotional Fund grants and in-kind services will be awarded when the budget is approved in June, and throughout the year as needed based on available contingency funds.

4. Organizations, schools, and individuals will only be eligible to be awarded a cash grant once during each fiscal year, and funding will not be approved for events/projects retroactively.

5. As part of the City’s annual budget process, the City Manager shall recommend an amount to be set aside for promotional fund events. If needed, a recommendation to increase the amount can be made at any time during the fiscal year. The promotional funding amounts will not be finalized unless approved by the City Council.

6. In addition to the funds that will be set-aside for allocation during the fiscal year, the City shall also reserve $5,000 per year to serve as a contingency grant fund for potential programs or projects that may arise outside of the normal community promotional funding cycle. The City Council may appropriate additional funds if

CITY OF BARSTOW
Administrative Policy Manual

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needed based on the total benefit to the community.

7. Promotional fund grant and in-kind services awardees will be required to enter into a formal program agreement with the City of Barstow. The agreement will detail program components and service level requirements that must be met by the agency/individual receiving promotional funding.

8. Organizations, schools and individuals that are awarded a promotional fund grant in excess of $1,000 shall have the funds dispersed on a monthly basis based on terms that will be established through the program agreement.

9. Community events shall only be eligible to receive City in-kind services and a maximum of $1,000 cash grant unless an exception is approved by the City Council.

10.A list of annual community events requiring in-kind services is provided in Exhibit A.

This list will be updated as needed based on new events or cancellation of existing events. These community events will be awarded similar levels of in-kind services each year as provided in the past as determined by the City Manager. These events must apply separately for any cash grants, subject to the $1,000 maximum described in #9.

B. Eligibility Requirements

1. Organizations must have a current non-profit status or be partnered with a non-profit agency to be eligible for funding. Schools are excluded from the requirement.

2. Applicants must provide services to either the residents of the City of Barstow and/or those who attend a school based in the City of Barstow.

3. Applicants must meet the City of Barstow’s insurance requirements.

4. Applicants must have a formal process in place to conduct background checks on all employees and volunteers who work with persons under the age of 18 years and senior citizens.

5. Any request for funds from an organization or individual on behalf of a school activity shall include the signature of the school administrator. Any request from an organization or club shall include the signature of the organization’s president or director.

6. Each organization or individual that receives promotional funds shall provide evidence that the City is not the sole source of funding for the event/project. Along with the application, the applicant shall submit a detailed budget stating the total cost of the activity, and sources and amounts of funding.

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7. The maximum promotional grant amount that shall be awarded to any one agency or individual in any single fiscal year shall be $3,000; the amount will generally be significantly less. The City Council may award a higher amount in rare exceptions based on the total benefit to the community.

8. Applicants who are awarded a promotional fund grant or in-kind services must commit to providing an after-event report and presentation to the City Council outlining how the group used the funding provided by the City of Barstow for benefit of the community.

9. The event must use public places within the City of Barstow, and must be open to anyone who wishes to attend.

10.Events of primarily a political or religious nature will be ineligible for funding.

11.The recipient must allow an audit on the use of funds should the City of Barstow request such an audit.

12.The recipient must recognize the support of the City of Barstow as a sponsor in all publicity material, annual reports and similar publications, and at the event.

C. Promotional Fund Grant Allocation Timeline

1. The City shall establish one grant funding cycle per year based on the following timeline. The grants will be announced in June.
i. Awards:
a. Promotional Fund Workshop: Second week of February
b. Applications due date: April 1
c. Application review period: April 1 – April 15
d. Applicant Interviews: April 15 – April 30
e. Recommendation to City Council: First or second meeting in May (Budget Workshop)
f. Award of Promotional Funds: First or second meeting in June ii. Contingency Funding Process
a. Each year, the City shall set-aside $5,000 for use as a contingency

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promotional grant funding source.
b. At any point in time during each fiscal year, any agency or individual (including those that have been previously awarded a cash grant) can submit an application for a contingency promotional fund grant. c. Each contingency grant shall be reviewed and analyzed in the manner as outlined in Section D of this policy.
d. The City will accept contingency grant applications during the course of each fiscal year until the $5,000 contingency funding allocation has been exhausted.

D. Selection Process

1. Upon receipt of the applications, the City Manager will designate a subcommittee of three (3) individuals comprising representatives from the following City operations to review the submittals and conduct applicant interviews:
i. City Manager’s Office
ii. Parks & Recreation Division
iii. Police Department

2. The subcommittee will make funding recommendations that will be forwarded to the entire City Council who will review and amend as necessary prior to final approval.

3. Funding recommendations will be made based on information obtained through the written application, the interview process, and how well the applicant demonstrates that their proposed project or program will fulfill a need within the community, particularly with regard to youth and community development.

E. Termination

1. The City will monitor the performance of each grant recipient against the goals and performance standards required by the formal agreement.

2. Substandard performance by the agency as determined by the City will constitute non-compliance with the agreement. If action to correct substandard performance is not taken by the agency, suspension or termination procedures will be initiated, which may include withholding of funds.

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Exhibit A

ANNUAL COMMUNITY EVENTS REQUIRING IN-KIND SERVICES
Community Resource Fair
Gem & Mineral Show
Juneteenth Celebration
Kiwanis Crossroads Annual Wine Auction
Main Street U.S.A. Car Show
Mardi Gras Parade
Margaritafest
Martin Luther King Peace March
New Mexico Chili Cook-Off and Belen Fiesta
Sport Shooting Banquet
Troops & Trains

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Youth Community Promotional Fund Policy
(rev. 05.28.2024)

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Youth Community Promotional Fund Policy
(rev. 05.28.2024)

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Date Revised: _ May 28, 2024

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SUBJECT: YOUTH COMMUNITY PROMOTIONAL FUND POLICY
PURPOSE: To establish guidelines for providing resources and services to youth organizations that provide social and economic benefits and/or recognition to the community.

GENERAL POLICY
The Youth Community Promotional Fund process provides funding of resources for communitybased youth organizations that develop events and programs to meet new and continuing social and economic needs and trends, promote community collaboration, and/or bring recognition to the community.

PROVISIONS
A. Program Guidelines

1. The City can provide financial support to youth organizations through resources and services such as city staff planning and logistical support, waiver of venue fees, equipment, supplies and other assistance as needed. Any property purchased with city funds will be considered city property. Park amenities/repairs will not be considered through these funds. Any request of park amenities or repairs will be disregarded. Providing either resources or services is conditional based on agreed criteria to be met by the community-based organization(s).

2. Donations must be used for a direct public purpose that benefits the organization(s).

The public purpose shall be served if the community of Barstow is recognized or promoted, or there is a direct and identifiable social and economic benefit to the community and organization(s) as a whole.

3. Each fiscal year, Youth Community Promotional Funds will be allocated from the Measure Q Fund for donations when the budget is approved in June, and throughout the year as needed based on available contingency funds.

4. Youth organizations will only be eligible to be awarded donations once during each fiscal year, and funding will not be approved for events/projects retroactively. The City will only accept one application per fiscal year per non-profit.

5. As part of the City’s annual budget process, the City Council may recommend an amount to be set aside from the Measure Q Fund for youth organizations. If needed, a recommendation to increase the amount can be made at any time during the fiscal year. The promotional funding amounts will not be finalized unless approved by the City Council.

CITY OF BARSTOW
Administrative Policy Manual

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6. In addition to the funds for donations that will be set-aside for allocation during the fiscal year, the City shall also reserve a minimum of $5,000 per year to serve as a contingency grant fund for potential programs or projects that may arise outside of the normal community promotional funding cycle. These funds will only be available to new applications or newly qualified applicants. The City Council may appropriate additional funds if needed based on the total benefit to the community.

7. Promotional fund donation awardees will be required to enter into a formal program agreement with the City of Barstow. The agreement will detail program components and service level requirements that must be met by the agency/individual receiving promotional donations.

8. A list of youth organizations requiring donations is provided. This list will be updated as needed based on new organizations or cancellation of existing organizations.

These organizations will be awarded levels of donations each year as determined by the Selection Committee (Section D, 1).

9. Amount of funds awarded will be based on budget constraints and amount of qualified applicants.

B. Eligibility Requirements

1. Organizations must have a current non-profit (501c3) status or be partnered with a non-profit agency to be eligible for funding.

2. Applicants must provide services to the youth population of the City of Barstow.

3. Applicants must provide a two-year operating plan outlining the goals and objectives of the organization.

4. Applicants must specifically request resources and/or services needed and explain how the promotional fund donation will benefit their organization.

5. Applicants must meet the City of Barstow’s insurance requirements.

6. Applicants must have a formal process in place to conduct background checks on all employees and volunteers who work with persons under the age of 18 years.

7. Any request from an organization or club shall include the signature of the organization’s president or director.

8. Each organization or club that receives promotional donations shall provide evidence that the City is not the sole source of funding for the group. Along with the application, the applicant shall submit a detailed description for the use of the donation.

9. Applicants who are awarded a promotional fund donation must commit to providing an

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after-event report and/or presentation within 30 days to the City Council outlining how the group used the donation provided by the City of Barstow for benefit of the community. Failure to do so may result in termination of donation or may put future considerations at risk.

10.The event or program must use City approved public places within the City of Barstow.

The City of Barstow may request an audit of donation usage, which the recipient must permit upon request by a City staff member from the Finance Department.

11.The recipient must recognize the support of the City of Barstow as a sponsor in all publicity material, annual reports and similar publications, and at the event.

Failure to meet eligibility requirements at the time of submission of the application, will result in the application being disqualified. Applicants will be redirected to apply for the contingency funding once qualified, if funds are still available.

C. Promotional Fund Donations Allocation Timeline

1. The City shall establish one donation funding cycle per year based on the following timeline. Dates are subject to change and are set to align with the new fiscal year. In the result of a delay current applicants will be notified. i. Awards:
 Promotional Fund Workshop- 2
nd Week of May
o Applications will open same day of workshop
o Workshops strongly encouraged to facilitate the application process.
 Applications Due Date- 2
nd Week of June
o Application deadline will be announced during the workshop o Any applications received after the deadline will be only considered for the contingency funds
o Review of the applications will begin on the deadline date Recommendation to City Council/ Awards of Youth Promotional Fund-Month of July ii. Contingency Funding Process
a. Each year, the City shall set-aside $5,000 for use as a contingency donation funding source.
b. At any point in time during each fiscal year, any agency or individual can submit an application for a contingency donation. Those who have been awarded funds during that current fiscal year may not receive additional funds from the contingency funds. These funds are reserved for new or newly qualified applicants.

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c. Each contingency donation shall be reviewed and analyzed in the manner as outlined in Section D of this policy.
d. The City will accept contingency donation applications during the course of each fiscal year until the $5,000 contingency funding allocation has been exhausted.

D. Selection Process

1. Upon receipt of the applications, the City Manager will designate a subcommittee of one representative from the following City operations to review the submittals and conduct applicant interviews (section C):
i. City Manager’s Office
ii. Recreation Department
iii. Finance Department

2. The subcommittee will make funding recommendations that will be forwarded to the entire City Council who will review and amend as necessary prior to final approval.

3. Funding recommendations will be made based on information obtained through the written application, the interview process, any past due balances owed to the City, budget restraints, number of qualified applicants, and how well the applicant demonstrates that their proposed project or program will fulfill a need within the City of Barstow, particularly with regard to youth development.

E. Termination

1. The City will monitor the performance of each donation recipient against the goals and performance standards required by the formal agreement.

2. Substandard performance or failure to maintain eligibility requirements by the agency as determined by the City will constitute non-compliance with the agreement. If action to correct substandard performance is not taken by the agency, suspension or termination procedures will be initiated, which may include withholding of donations.

Legend: Definition of Terms
 Donation: Non-cash gift made to a non-profit organization. This can be done in the form of time, services, goods or fee-waivers. 501(c) (3)Organization is a nonprofit that can accept tax-deductible donations and is exempt from federal income tax.

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Youth Community Promotional Fund Check List:

Listed below is a check list of all required documents to submit an application for the Youth Community Promotional Funds. Please refer to this list as a guideline to ensure a complete application.

Document Check List
Document Details Date Submitted
Current Non-Profit Status (501c) 1. Documentation showing current status.

2. Latest 990 Form.
/ /
Initial:

Breakdown of Services and Cost 1. Provide a detailed breakdown of what services are being provided.

2. Provide a detailed breakdown of
the cost to the Residents of
Barstow.
/ /
Initial:

Two Year Plan 1. Provide a detailed explanation of
goals for the organization for the
next two years.

2. Provide a detailed explanation of
operations for the next two years.
/ /
Initial:

Donation Benefit 1. Detailed explanation of how the
donation will benefit the
organization.

2. Detailed explanation of how this
donation will cut down the cost to
the Residents of Barstow.
/ /
Initial:

Certificate of Liability Insurance Include a copy of a certificate of liability insurance. Policy must be a $1,000,000
policy listing the City of Barstow as
additionally insured.
/ /
Initial:

Background Checks Procedures Provide a detailed explanation of what procedures are being used to conduct
backgrounds checks for members of the
organization.
/ /
Initial:

Evidence or Proof of Funds Show evidence and proof of funds demonstrating that the City is not the only
funding source, by presenting additional
funding contributions.
/ /
Initial:

Verified By:

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Youth Community Promotional Fund Policy

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Notes:

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City Council Policy Memorandum #2025-
XX, Community Promotional Fund Policy
(redlined version)

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of 220 East Mountain View
Barstow, California 92311-2888
(760) 256-3531 City of Barstow
City Council Policy Memorandum
To: City Manager
From: City Council
CC: City Attorney
Date Adopted: [TBD]August 19, 2025
Subject: City Council Policy Memorandum #2025-XX, Community Promotional Fund Policy
I. General Policy and Background
In the November 2018 general election, the City of Barstow electorate passed Measure Q, which required the City to adopt an ordinance increasing the City’s sales tax by one percent to provide funding for, without limitation, essential services, infrastructure maintenance, and community programs. Measure Q was codified at Barstow Municipal Code Section 3.33.010, et seq.

The Community Promotional Fund serve as the conduit of Measure Q funds from the City to the community for community programs. The Community Promotional Fund provides grant funding, as well as in-kind contributions, to community-based nonprofit organizations, including specifically, but without limitation, youth and senior organizations, youth sports organizations, and schools, and individuals for events, initiatives, and programs (collectively “projects”) that meet new and continuing community social and economic needs and trends, promote community collaboration, and/or bring recognition to the community.

II. Provisions
A. Program Guidelines

1. Provision of Financial Support. The City can provide financial support through cash grants(“Grants”) or in-kind contributions (“Contributions”) such as city staff planning and logistical support, waiver of venue fees, equipment, supplies, and other assistance.

The City’s provision of Grants and Contributions is conditional based on agreed criteria to be met by the applicant for financial support (“Applicant”).

2. Public Purpose. Grants and Contributions must be used for a direct public purpose.

The public purpose shall be served if the community of Barstow is recognized or promoted, community collaboration is promoted, and/or there is a direct and identifiable social and/or economic benefit to the community as a whole.

3. Annual Appropriation of Measure Q Funds. As part of the budget adopted by the City Council every fiscal year, (a) the City Manager will recommend an amount to be set aside for the Community Promotional Fund, including, without limitation, any

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amounts recommended be used specifically to support youth sports programs or seniors; and (b) the City Council should specify the amount of Measure Q funds being appropriated to the Community Promotional Fund, including, without limitation, any amounts that are to be used to support youth sports programs or seniors.

4. Annual Awards After Budget Approval. Grants and Contributions will be awarded after the budget is approved in June, based on available Grant funds. The Community Promotional Fund budget will not be finalized unless approved by the City Council.

Community Promotional Fund applications will not be approved unless the City Council has approved the Community Promotional Fund budget.

5. Maximum Number of Awards. Nonprofits, youth sports organizations, and schools within the Barstow Unified School District of located within Barstow (“Barstow schools”) will not be awarded Measure Q funds more than once per fiscal year.

6. Limits on Awards Supporting Events. Grant and Contribution applications for community events will only be eligible to receive Contributions and Grants not exceeding $1,000, unless an exception is approved by the City Council.

Notwithstanding Section II.A.5. above, Applicants may apply for, and the City Council may award, Grants and Contributions for community events more than once per fiscal year, provided that each individual application and award is for a different community event.

7. No Retroactive Applications. Neither Grants nor Contributions will be approved for projects retroactively.

8. Program Agreement Required. Grant and Contribution awardees will be required to enter into a formal program agreement with the City of Barstow. The agreement will detail program components, deliverables, and service level requirements that must be met by the awardee.

B. Eligibility Requirements

1. Nonprofits. Nonprofits must be California public benefit corporations that have current nonprofit 501(c)(3) status and that are located in and serve the Barstow community (“nonprofits”). Nonprofit applicants must provide services that directly benefit the residents of the City of Barstow and/or those who attend a Barstow school.

2. Youth Sports Organizations. Youth sports organizations that do not qualify as nonprofits must be partnered with a nonprofit to be eligible for funding. Youth sports organizations must provide services to the youth population of the City of Barstow and/or youths who attend a Barstow school.

3. Schools. School applicants must be a Barstow school, as defined in Section II.A.5 above.

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4. Application Limit. The City will only accept one application per nonprofit and youth sports organization per fiscal year.

5. For-Profit Business Entities. Except for youth sports organizations partnered with nonprofits, for-profit business entities, including, without limitation, limited liability companies, corporations, partnerships, and sole proprietorships, as well as natural persons, are ineligible to apply for Grants and/or Contributions.

6. Projects. Applications for Grants or Contributions to support projects must benefit either the residents of the City of Barstow and/or those who attend a Barstow school.

7. Insurance. Applicants must meet the City of Barstow’s insurance requirements.

8. Background Checks. Applicants must have a formal process in place to conduct background checks on all employees and volunteers who work with persons under the age of 18 years of age and persons 62 years of age and older

9. Authorized Application Signatories. Any application from an applicant on behalf of a Barstow school shall include the signature of the school administrator. Any application from an organization or club shall include the signature of the organization’s president or director.

10. No Sole Source Funding of Projects. Each applicant for a Grant or Contribution that supports a projectshall provide evidence that the City is not the sole source of funding for the project. Applicants shall submit a detailed budget with their application stating the total cost of the project and all sources and amounts of funding.

11. Maximum Grant Award Amount. Except as otherwise provided herein, the maximum Grant amount that may be awarded to any one nonprofit, Barstow school, or individual Applicant in any single fiscal year shall be $3,000. The City Council has discretion to award a higher Grant amount to awardees on a case-by-case basis.

12. Maximum Contribution Amount. Except as otherwise provided herein, the maximum amount of Contributions that may be awarded and provided to any one awardee shall be $3,000. The value of in-kind contributions shall be determined by the usual and normal charge or value for the goods and services provided. The City Council has discretion to award a higher amount of Contributions to awardees on a case-by-case basis.

13. Follow Up Report. Awardees who receive a Grant and/or Contribution are required to submit an follow-up report or presentation to the City Council within 30 days of utilizing the Grant and/or obtaining the Contributions. This report should detail how the Grant and/or Contributions from the City of Barstow were utilized for a public purpose, and should be presented at the next scheduled Council meeting following the awardee’s submission of the report.

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14. Event Locations. Events supported by a Grant or Contribution must use public places within the City of Barstow, and must be open to anyone who wishes to attend.

15. Ineligible Events. Events with a primary focus on politics or religion are ineligible for funding.

16. No Park Maintenance. Applications for the installation or upgrading of park amenities or facilities, or for the repair of park amenities or facilities, will be disregarded.

17. City Audit of Promotional Funds. Awardees must allow an audit on the use of Grants and Contributions should the City of Barstow require such an audit.

18. City Recognition. Awardees must recognize the support of the City of Barstow as a sponsor in all publicity material, annual reports, and similar publications, and at the event.

19. Event Responsibilities. Awardees for Grants or Contributions supporting events are accountable and responsible for the behavior of event guests. Both the awardee and the guests must adhere to all applicable federal, state, and local laws, regulations, and ordinances. This encompasses, but is not limited to, the use of illegal substances, gambling, and disorderly conduct. If an event venue is shut down by the police, the awardee will forfeit their security deposit. Disruptive behavior, including but not limited to shouting, running, arguing, fighting, and using profane language, as well as any actions that disturbs other guests or interferes with City or venue staff operations, are strictly prohibited and may result in removal from the venue.

C. Promotional Fund Grant Allocation Timeline

1. The City shall establish one Grant and Contribution funding cycle per year based on the following timeline. The Grants and Contributions will be announced in October. i. Awards:
a. Application Due Date: Second Thursday in August
b. Application Review Period: September
c. Applicant Interviews (as needed): September
d. Award of Funds: First or second regular City Council meeting in October
ii. Unawarded Funds: If any Grant funds remain at the end of the Grant award cycle, then the City Council may, but is not required to, continue receiving and reviewing

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applications and awarding Grants and Contributions on a rolling basis until such remaining grant funds have been exhausted.

D. Selection Process

1. Submittal to City Council. After the application due date, the City Manager or their designee will forward all completed Grant and Contribution applications received prior to the due date to the City Council for consideration. Late applications will be rejectednot be considered during the Grant award cycle, but may be considered at the end of the Grant award cycle as provided in Section II.C.1.ii. above. The City Council may, within its discretion, interview grant applicants during any regular or special session.

2. City Council Review. The City Council will award Grants and Contributions based on information obtained through the written application, the interview process (if applicable), and how well the applicant demonstrates that their use of the Grant and/or Contribution will serve a public purpose.

3. City Council Award. The City Council may deny, approve, or approve as amended Grant and Contribution applications.

4. Conflicts of Interest. City Council members must recuse themselves from reviewing and making recommendations on a Grant or Contribution application submitted by the City Council member or an immediate family member of a City Council member, and any application that may have a reasonably foreseeable financial effect on the City Council member’s economic interests or the economic interests of an immediate family member of the City Council member. City Council members must comply with all applicable conflict of interest laws in their administration of the Community Promotional Fund program.

E. Grants and Contributions Supporting Youth Sports

1. Donated Contributions. Durable items not exceeding $100.00 that youth sports organizations purchase with Grant funds or receive from the City as Contributions for youth sports will be considered donations from the City to the youth sports organizations. Such items may include, without limitation, balls, uniforms, helmets, bats, rackets, gloves, and cleats that do not individually cost more than $100.00.

The Program Agreement shall specifically list all Contributions donated by City.

2. City-Owned Contributions. Except as provided in Section E.1. above, all other items that youth sports organizations purchase with Grant funds or receive as Contributions from the City will remain the property of the City. Such items may include, without limitation, pitching machines, soccer goals, goal posts, nets, fitness equipment, and field maintenance equipment. Any item not listed as a Contribution donated by the City to the youth sports organization will be considered the property of the City.

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