North First Avenue over Mojave River City of Barstow
Project Approval & Environmental Document Kleinfelder
LPP 15-01 January 14, 2015
NORTH FIRST AVENUE BRIDGE OVER MOJAVE RIVER (BR. NO. 54C-0089)
PROJECT APPROVAL & ENVIRONMENTAL DOCUMENT (PAED) DOCUMENT CONTRACT Local Agency: City of Barstow
Consultant: Kleinfelder Inc.
TABLE OF CONTENTS
Article Subject Page
Article I Introduction................................................................................................................................2 Article II Statement of Work.....................................................................................................................2 Article III Consultant's Reports or Meetings ..............................................................................................4 Mandatory Fiscal and Federal provisions (Verbatim):
Article IV Performance Period....................................................................................................................4 Article V Allowable Costs and Payments..................................................................................................4 Article VI Termination................................................................................................................................8 Article VII Cost Principles and Administrative Requirements ....................................................................8 Article VIII Retention of Records/Audit .......................................................................................................9 Article IX Audit Review Procedures ..........................................................................................................9 Article X Subcontracting .........................................................................................................................10 Article XI Equipment Purchase ................................................................................................................11 Article XII State Prevailing Wage Rates....................................................................................................11 Article XIII Conflict of Interest...................................................................................................................12 Article XIV Rebates, Kickbacks or other Unlawful Consideration.............................................................12 Article XV Prohibition of Expending Local Agency State or Federal Funds for Lobbying ......................12 Article XVI Statement of Compliance.........................................................................................................13 Article XVII Debarment and Suspension Certification.................................................................................14 Miscellaneous provisions:
Article XVIII Funding Requirements.............................................................................................................14 Article XIX Change in Terms......................................................................................................................14 Article XX Disadvantaged Business Enterprises (DBE) Participation.......................................................15 Article XXI Contingent Fee.........................................................................................................................16 Article XXII Disputes ...................................................................................................................................16 Article XXIII Inspection of Work ..................................................................................................................16 Article XXIV Safety .......................................................................................................................................17 Article XXV Insurance..................................................................................................................................17 Article XXVI Ownership of Data ...................................................................................................................18 Article XXVII Claims Filed by LOCAL AGENCY’S Construction Contractor.............................................18 Article XXVIII Confidentiality of Data ............................................................................................................19 Article XXIX National Labor Relations Board Certification .........................................................................19 Article XXX Evaluation of Consultant .........................................................................................................19 Article XXXI Retention of Funds...................................................................................................................19 Article XXXII Notification ..............................................................................................................................21 Article XXXIII Contract....................................................................................................................................21 Article XXXIV Signatures.................................................................................................................................21 North First Avenue over Mojave River City of Barstow
Project Approval & Environmental Document Kleinfelder
LPP 15-01 January 14, 2015
ARTICLE I INTRODUCTION
A. This contract is between the following named, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as, LOCAL AGENCY:
The name of the “CONSULTANT” is as follows: Kleinfelder Inc. (KLF) Incorporated in the State of California
The Project Manager for the “CONSULTANT” will be Andrew Sanford, P.E.
The name of the “LOCAL AGENCY” is as follows: City of Barstow The Contract Administrator for LOCAL AGENCY will be Domingo D. Gonzales B. The work to be performed under this contract is described in Article II entitled Statement of Work and the approved CONSULTANT’s Cost Proposal dated (October 5, 2015). The approved CONSULTANT’s Cost Proposal is attached hereto (Attachment I) and incorporated by reference. If there is any conflict between the approved Cost Proposal and this contract, this contract shall take precedence.
C. CONSULTANT agrees to indemnify and hold harmless LOCAL AGENCY, its officers, agents, and employees from any and all claims, demands, costs, or liability arising from or connected with the services provided hereunder due to negligent acts, errors, or omissions of CONSULTANT. CONSULTANT will reimburse LOCAL AGENCY for any expenditure, including reasonable attorney fees, incurred by LOCAL AGENCY in defending against claims ultimately determined to be due to negligent acts, errors, or omissions of CONSULTANT.
D. CONSULTANT and the agents and employees of CONSULTANT, in the performance of this contract, shall act in an independent capacity and not as officers or employees or agents of LOCAL AGENCY.
E. Without the written consent of LOCAL AGENCY, this contract is not assignable by CONSULTANT either in whole or in part.
F. No alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the parties hereto; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.
G. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT’s expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.
ARTICLE II STATEMENT OF WORK
A. PROJECT DESCRIPTION
This project proposes to replace the existing Mojave River Bridge (Br. No. 54C-0089) in the CITY of Barstow. Currently the Mojave River Bridge has a Sufficiency Rating (SR) of 54.5, and is listed as Functionally Obsolete. A Highway Bridge Program (HBP) application for the replacement of this structure was submitted in September 2012 and was approved in March 2013. Kleinfelder (KLF) will prepare the necessary environmental documents and secure the permits for construction of the new Mojave River Bridge.
KLF will prepare a technical report documenting all preliminary engineering work performed supporting the environmental documentation. KLF will also be responsible for right of way engineering, and utility coordination support as part of Phase 1. As part of Phase II, KLF will prepare the plans, specifications, and estimates (PS&E), and provide design support during bidding and construction.
North First Avenue over Mojave River City of Barstow
Project Approval & Environmental Document Kleinfelder
LPP 15-01 January 14, 2015
The existing Mojave River Bridge carries two lanes of traffic over the Mojave River (one lane in each direction). It is a 12-span bridge, with seven (7) steel I-beam spans, and five (5) steel plate girder spans, with a total length of 747.48 feet. The General Plan Classification of North First Avenue over the Mojave River in this location is a secondary arterial. The Mojave River Bridge is on the eligible bridge list for the Local Seismic Safety Retrofit Program (LSSRP). The project is programmed to receive HBP (federal) funds.
Based on a recent Traffic Impact Study that was performed for the North First Avenue/Barstow Overhead, which is located directly to the south, a baseline scope of work alternative for the replacement of the Mojave River Bridge is a 2-lane facility with a total width of approximately 55 feet. The final position of the bridge will be investigated and determined during the preliminary engineering phase.
B. LOCATION
The project site is located on North First Avenue over the Mojave River in the CITY of Barstow. Below is a vicinity map of the proposed project.
North First Avenue over Mojave River City of Barstow
Project Approval & Environmental Document Kleinfelder
LPP 15-01 January 14, 2015
C. COORDINATION
KLF shall coordinate with other involved agencies for compatible design and phasing of construction with existing conditions. Coordination may include, but will not necessarily be limited to, the following:
Federal Highway Administration (FHWA) CALTRANS
San Bernardino County Departments City of Barstow
Utility Companies BNSF Railway
Regulatory Agencies including:
U.S. Army Corps of Engineers (USACE)
U.S. Fish and Wildlife Service (USFWS)
California Department of Fish and Wildlife (CDFW)
California Public Utility Commission (CAPUC)
Regional Water Quality Control Board (RWQCB)
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 KLF with approval of CITY.
D. PHASES
The services performed by KLF will be accomplished in four phases:
Phase I – Preliminary Engineering / Environmental Clearance / Technical Report Phase II – Plans, Specifications, and Estimates (PS&E)
Phase III – Construction Bidding and Award Support
Phase IV - Design Support during Construction
Phase I will proceed upon written notice to proceed. Upon completion of Phase I, or at the request of the CITY, a Scope and fee for the remaining three phases will be prepared. The remaining phases will not proceed until authorized in writing by CITY of Barstow.
The project schedule is assumed to be up to two years to complete Phase I. Project management and PDT meeting times have been based on this assumption.
North First Avenue over Mojave River City of Barstow
Project Approval & Environmental Document Kleinfelder
LPP 15-01 January 14, 2015
E. STANDARDS
The preliminary plans / technical report and environmental document, 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. The technical report prepared in support of the environmental document will follow the format for CALTRANS Project Report (PR). Improvements of local roads may be prepared in accordance with CITY standards in lieu of CALTRANS standards as directed by the CITY PROJECT MANAGER. KLF will prepare fact sheets for CITY approval, documenting the exceptions to mandatory and advisory design standards. All documents shall be prepared using English Standard Units and dimensions.
1. Environmental
The procedures to be followed and the content of the environmental surveys, environmental technical reports, and environmental documents are set forth in CALTRANS Project Development Procedures Manual (PDPM), CALTRANS Environmental Handbook, CALTRANS Transportation Laboratory technical manuals for environmental studies, FHWA’s Technical Advisory T6640.8A, and CALTRANS Standard Environmental Reference (SER) on the CALTRANS website.
Federal and state requirements for environmental analysis and impact assessment, as set forth in the National Environmental Policy Act (NEPA), the California Environmental Quality Act (CEQA), and other applicable federal and state regulations, must be satisfied.
2. Preliminary Survey/Aerial Topographical Mapping
All preliminary surveys and aerial mapping shall be performed by KLF.
3. Design
Roadway design shall be in accordance with the current CALTRANS Highway Design Manual and its revisions and/or CITY and COUNTY Road Standards as appropriate. Traffic design shall be in accordance with the California Manual of Uniform Traffic Control Devices (CA MUTCD).
4. Draft Geotechnical Design Report
The Draft Geotechnical Design Report shall be prepared in conformance with the current edition of the State Manual of Test, California Test Method 130.
5. Project Files
Project Files shall be indexed in accordance with CALTRANS Project Development Uniform File System.
Items 1 through 4 are not all-inclusive but are intended only to illustrate types of sources.
North First Avenue over Mojave River City of Barstow
Project Approval & Environmental Document Kleinfelder
LPP 15-01 January 14, 2015
F. KEY PERSONNEL
The ENGINEER has represented to the CITY that certain key personnel will perform the services and if one or more of such personnel should become unavailable, ENGINEER 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 Andrew Sanford
Senior Roadway Engineer Jason Valencia
Senior Structures Engineer Craig Shannon
Environmental Team Leader Brian Calvert
Traffic Engineer Edward Miller
River Hydraulics Engineer Wayne Chang
AII.1 • PROJECT ADMINISTRATION
A. PROJECT MANAGEMENT
This task includes the day-to-day management of the PROJECT. Project Development Team (PDT) meetings with the CITY PROJECT MANAGER, the California Department of Transportation staff, and other representatives from affected agencies will be held at least once a month. The environmental team leaders and/or subconsultants will attend PDT meetings as appropriate. KLF shall prepare meeting notes for each meeting and have these available for review at least two weeks prior to each succeeding meeting.
KLF’s Project Management Plan will include a communication plan. The communication plan 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 communication plan will also identify lines of communication with levels of responsibility/authority for development of the PROJECT.
B. BUDGETING
KLF will prepare budgets for each task and milestone for the PROJECT. Such budgets will be entered into the KLF’s Management Information System along with actual costs incurred and used as a basis for cost monitoring and control.
C. COST ACCOUNTING
KLF will prepare monthly reports of expenditures for the PROJECT by task and milestone. 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.
North First Avenue over Mojave River City of Barstow
Project Approval & Environmental Document Kleinfelder
LPP 15-01 January 14, 2015
D. SCHEDULING
Within one month from the Notice to Proceed (NTP), KLF 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 all of the agencies involved. Review of the schedule will occur at subsequent trend meetings. Adjustments will be made, if necessary, due to changing circumstances.
E. PROGRESS REPORTING
Progress reports and invoices shall be prepared in accordance with CITY guidelines. Reports providing actual physical progress will be required monthly and shall be accompanied by an invoice.
F. CONTRACT ADMINISTRATION
KLF’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 with ENGINEER’s staff, subconsultants, and the CITY PROJECT MANAGER shall be held regularly.
ARTICLE AII.2 • PLANNING AND PROJECT DEVELOPMENT
A. RESEARCH AND DATA GATHERING
Existing topographic mapping, photos, reports, maintenance reports, right of way maps, “as-built” plans, record maps and surveys, study reports, assessor maps, contract documents, utility index maps, local street improvement/development plans, and other pertinent data will be obtained and reviewed.
The team will obtain readily available data related to their scope of work. Anticipated agencies are the COUNTY, CALTRANS, CITY, and impacted utility companies.
B. PROJECT DEVELOPMENT TEAM
A Project Development Team (PDT) including representatives from the CITY, CALTRANS, and other relevant agencies shall be established within 15 days after NTP.
PDT meetings shall be held monthly to resolve issues and to apprise the affected agencies of the progress of the PROJECT. A kick off meeting with the PDT (PDT Meeting No. 1) shall be held as soon as possible after NTP.
The team will participate in monthly PDT meetings as requested by the CITY. KLF, Kimley-Horn and Associates (KHA) and ICF International (ICF) have budget for up to 24 PDT meetings during Phase I.
PERMITS
North First Avenue over Mojave River City of Barstow
Project Approval & Environmental Document Kleinfelder
LPP 15-01 January 14, 2015
KLF shall identify locations outside the roadway right-of-way where it will be necessary to obtain specific rights-of-entry from affected property owners. The listing of the candidate locations will be furnished to the CITY. The CITY will be informed if their support is required to obtain rights-of-entry.
KHA will identify necessary rights-of-entry and specific permits related to their scope of work. These determinations will be derived based on readily available information.
C. DESIGN SURVEYS
Recent design level surveys have been completed that include the areas for the Mojave River Bridge.
Additional surveys including cross section surveys of the Mojave River will be needed and are included as part of our scope of work.
Aguirre & Associates (Aguirre) shall obtain 19 channel cross sections. The sections will include locations and elevations at approximately 50-foot intervals to the extent beyond flood plain.
Cross Section Compilation and Update Topo Base Map
Aguirre shall prepare an AutoCAD base map to depict the stated channel cross section locations and elevations. SPECS shall update the previously prepared topographic map based upon a ground survey as noted above and in accordance with the American Congress of Surveying & Mapping (ACSM) 2005 mapping requirements.
D. DESIGN DRAINAGE REPORT
A Design Drainage Report will be prepared to document hydrologic and hydraulic calculations necessary to complete drainage improvement plans related to the bridge replacement project. Prior to developing hydrology calculations, a thorough field reconnaissance will be conducted. Available documents pertinent to this Design Drainage Report will be obtained from the CITY and CALTRANS for review. The Design Drainage Report will quantify the magnitude and frequency of design flows from the PROJECT area, attributable to the proposed improvements.
KHA will prepare a Design Drainage Report to evaluate the on-street flows along North First Avenue on the bridges and adjacent approaches. Specific limits are along North First Avenue between Riverside Drive to 1000 feet beyond Irwin Road, and on Irwin Road from North First Avenue to 1000 feet north of North First Avenue.
KHA has assumed up to two coordination meetings.
Deliverables:
North First Avenue On-Site Drainage Report (Draft) – 8 copies North First Avenue On-Site Drainage Report (Final) – 8 copies North First Avenue over Mojave River City of Barstow
Project Approval & Environmental Document Kleinfelder
LPP 15-01 January 14, 2015
E. WATER QUALITY STUDY
ADVANTEC will perform a Storm Water Analysis for the proposed project in complete compliance with the latest County guidelines. The plan will include the following:
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 Best Management Practices (BMP) such as of bioswales, biostrips, storm water detention basins, etc.
ADVANTEC will prepare a Water Quality Management Plan (WQMP) following the Mojave River Watershed Region Template, equivalent to CALTRANS Storm Water Data Report (SWDR) including:
Preparation of maps depicting existing conditions
Preparation of preliminary BMP plans
Preparation of report and documentation
Update of the report for inclusion into PR
Assumptions:
ADVANTEC assumes that no additional coordination or processing will be needed with other outside agencies; such as RWQCB, SWRCB, etc., and only one Storm Water Quality Report will be required.
Updates based on any revisions to the WQMP Mojave River Watershed Template dated April 2012 or new City of Barstow WQMP template will be additional services.
Deliverables:
NPDES Decision Tree
SWDR or equivalent
F. PRELIMINARY GEOTECHNICAL REPORTS
Preliminary Foundation Report
The Preliminary Foundation Report (PFR) will be prepared in accordance with CALTRANS Guidelines for Preparing Preliminary Foundation Reports, to cover the new bridge structure. Our scope will include drilling one test boring to a depth of approximately 100 feet below existing grade or to refusal, whichever is less, to obtain preliminary information on the subsurface conditions and collecting three near surface soil samples to determine the grain size distribution for scour analysis. Groundwater levels will be measured and samples of the subsurface materials will be collected for laboratory testing. The report will include a general project North First Avenue over Mojave River City of Barstow
Project Approval & Environmental Document Kleinfelder
LPP 15-01 January 14, 2015
description, Boring Location Plan, Log of Test Boring LOTB (LOTB), and laboratory test results. All foundation recommendations will be in accordance with the AASHTO LRFD Bridge Design Specifications and CALTRANS Memos to Designers. The PFR will provide the following:
Seismic Design Criteria
Any special issues regarding groundwater, difficult excavation, expansive soils, scour or other hazards encountered in the borings
Alternative types of foundations will be evaluated in consultation with the project structural engineer to allow selection of the most suitable type of foundation Structure foundation type and foundation elevations
Allowable bearing and pile capacities to evaluate the selected foundation Anticipated fill settlement periods needed to prevent excess differential settlement between the structure and adjacent roadway approaches
Deliverable: PFR approved by the CITY.
District Preliminary Geotechnical Report
A District Preliminary Geotechnical Report (DPGR) will be prepared to provide roadway pavement and embankment recommendations. The report will include a general project description, LOTB, and laboratory test results. The DPGR will provide the following:
Seismic Design Criteria
Cut and fill requirements and any special issues regarding groundwater, difficult excavation, expansive soils or other hazards encountered in the boring
Slope stability analyses on all the new slopes and recommendations for construction Recommendations for the reuse of excavated materials and volumes of such (KLFll and/or shrinkage factors to be applied) and the estimated quantity of import/export fill Foundation and construction recommendations for the Standard Plan structures, if any, (sound walls and standard plan retaining wall)
New structural pavement sections and recommendations for connecting into the existing pavement sections
Deliverable: DPGR approved by the CITY.
Initial Site Assessment Checklist for Hazardous Waste
North First Avenue over Mojave River City of Barstow
Project Approval & Environmental Document Kleinfelder
LPP 15-01 January 14, 2015
The purpose of the Initial Site Assessment (ISA) is to assess the possible presence that would indicate a known potential hazardous waste problem within or near the proposed project. Potential hazardous waste conditions include property uses that may indicate the presence or likely presence of an existing, historical, or threatened release of any hazardous substance or petroleum products into structures, soil, and/or groundwater beneath the property. The term potential hazardous waste is not intended to include de minimis conditions that generally do not present a material risk of harm to public health or the environment, and that would not be subject to enforcement action by a regulatory agency.
The ISA will be conducted in general conformance with CALTRANS Preparation Guidelines for Initial Site Assessment Checklist for Hazardous Waste and the American Society for Testing and Materials (ASTM) Standard Practice for Environmental Site Assessments: Phase 1 Environmental Site Assessment Process, ASTM E1527-05.
The following scope of work will be conducted by Southern California Soils and Testing (SCS&T):
1. A review of readily available documents which include topographic maps, geologic maps, and hydrogeologic conditions associated with the subject site.
2. A review of readily available maps, aerial photographs and other documents relative to historical subject site usage and development.
3. A review of readily available federal, state, county, and city documents, and database files concerning hazardous material storage, generation and disposal, active and inactive landfills, and associated permits related to the subject property and/or immediately adjacent sites.
4. A site reconnaissance to observe current conditions of the subject property.
Deliverable: Results of the investigation summarized in a written report presenting findings and conclusions.
Aerially Deposited Lead
SCS&T will perform a site assessment for aerially deposited lead along North 1st Avenue between Riverside Drive and Irwin Road. The objectives of the investigation are to:
Assess whether soil along the alignment was impacted with lead due to the historical combustion of leaded fuels from freeway traffic
Evaluate, based on the investigation results, the method of reuse of soil excavated during future construction activities
SCS&T will contact Underground Service Alert (USA) to attempt to locate subsurface utilities and improvements to minimize the likelihood of encountering an underground utility.
North First Avenue over Mojave River City of Barstow
Project Approval & Environmental Document Kleinfelder
LPP 15-01 January 14, 2015
A hand auger will be used to collect soil samples at the following locations:
Approximately every 200 feet along the bridge alignment.
Soil samples will be collected near the surface (6-inch depth) and at depths of approximately one foot and two feet below grade unless refusal occurs at a shallower depth. Soil samples will generally be located within three to six feet of the edge of the pavement.
Soil samples will be collected from the hand auger bucket, placed in laboratory-supplied glass jars, labeled, and stored in a box pending delivery to the laboratory. Chain-of-custody procedures will be used for sample tracking. The hand auger will be cleaned prior to drilling and between borings using a soap and water wash followed by a tap water rinse and a deionized water rinse. After completion, the borings will be backfilled with the cuttings.
Soil samples will be submitted to a state-accredited laboratory and analyzed for total lead in general accordance with EPA Method 6010B. Soil samples with reported lead concentrations greater than or equal to 50 milligrams per kilogram (mg/kg) will be analyzed for soluble lead in general accordance with WET/EPA Method 7420 using citric acid as the extractant.
Quality assurance/quality control (QA/QC) data will be reviewed relative to tolerance control limits. Based on this validation process, the data quality will be evaluated as to whether it is adequate for the purposes of the investigation.
The analytical laboratory results from the investigation will be evaluated statistically and the results will be used to evaluate methods for on-site reuse or off-site disposal of the affected soil. The statistical methods will be in general accordance with Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, U.S.
Environmental Protection Agency (EPA) publication SW-846. Statistical methods will be applied to the reported lead data set to evaluate the following:
Whether the total lead data are normally or log-normally distributed (by comparison of the mean and variance)
The upper one-sided confidence limits (UCLs) on the true means of the total lead concentrations for three soil mixing scenarios
On-site re-use options based on UCLs for both total and soluble lead concentrations Lead contents will be compared with allowable values developed by CALTRANS and the suitability of existing materials for use as fill will be determined in accordance with CALTRANS guidelines. A draft Site Investigation Report will be prepared summarizing the results of the field exploration and laboratory analysis programs and include recommendations.
North First Avenue over Mojave River City of Barstow
Project Approval & Environmental Document Kleinfelder
LPP 15-01 January 14, 2015
Deliverable: Results of the investigation summarized in a written report presenting findings and conclusions.
G. PLANNING STUDIES
KLF shall identify appropriate alternatives for development and analysis. The analyses will include traffic operations, costs, constructability, environmental impacts, and maintenance of traffic. Preliminary cost estimates will be developed for each alternative as soon as practicable and furnished to the CITY.
Planning studies that will be furnished will include those necessary to complete a PR style technical study and will include: Traffic Forecast/Modeling, Purpose and Need, Initial Alternative Development, Conceptual Alternative Analysis, Right-of-Way Data Sheet, Utility Relocation Requirement Assessment, Structure Advance Planning Study (APS), Multimodal Review, Traffic Capacity Analysis, Traffic Report, Construction Estimate, Preliminary Traffic Management Plan, Design Exceptions, and Landscape Design Concept.
The team will develop up to three alternatives demonstrating concepts in plan view with typical sections.
Profiles and superelevation diagrams will be developed to demonstrate constraints. KLF will develop APS’s for up to three bridge alternatives for the Mojave River Bridge.
The team will provide estimates of probable construction costs for items of work within their scope of services.
KLF will perform a study evaluating retrofit vs. replacement of the existing Mojave River Bridge. This study will be necessary to justify the replacement of the bridge.
The team will participate and provide input for the constructability review meetings.
H. ENVIRONMENTAL SCOPE OF WORK
The CITY is proposing to replace the existing Mojave River Bridge along North 1st Avenue. The southern terminus of the project would be approximately 575 feet south of Crooks Avenue and the northern terminus would be approximately 650 feet north of Irwin Avenue. Improvements would also extend approximately 500 feet along Irwin Avenue. North 1st Avenue is currently two lanes (one lane in each direction) and would remain two lanes (one lane in each direction) following construction. For this scope and cost the following assumptions have been made:
The NEPA document will be an Categorical Exclusion (CE) The CEQA document will be an Initial Study and Mitigated Negative Declaration (IS/MND) CALTRANS will be the lead agency under NEPA and CITY will be the lead agency under CEQA Logical termini will be determined to be appropriate as described above North First Avenue over Mojave River City of Barstow
Project Approval & Environmental Document Kleinfelder
LPP 15-01 January 14, 2015
No detour route would be required
The project will assess one build Alternative along with the no-build Alternative Task 1: Environmental Document Project Management/Coordination/Meetings This task includes efforts related to coordination, meeting, and management efforts by the ICF Project Manager and environmental lead. The following assumptions have been made regarding project management and meetings.
Environmental Project Management: by the ICF Project Manager and Environmental Lead for a duration of 24 months.
Kick-off Meeting: ICF’s Project Manager and Environmental Lead shall attend a kick-off meeting. It is assumed that KLF will prepare the meeting minutes for this meeting with input from ICF, where appropriate.
Monthly PDT Meetings: ICF’s Project Manager shall attend the PDT meetings (attendance at 24 PDT meetings by the ICF Project Manager is assumed). It is assumed that KLF will prepare the meeting minutes for these meetings with input from ICF, where appropriate.
Meetings: ICF’s Project Manager and Environmental Lead may be required to attend meetings in addition to the PDT meetings previously identified. It is assumed that the ICF Project Manager and Environmental Lead will attend up to 12 additional project meetings.
Task 2: Preliminary Environmental Studies
Once the build alternatives to carry forward as part of the Project Approval/Environmental Document (PA/ED) phase have been identified by the project team and provided to ICF, a current CALTRANS Preliminary Environmental Study (PES) form will be prepared for submittal to the CITY first and then to CALTRANS for review. The purpose of the PES is to identify and receive concurrence from CALTRANS regarding the technical studies that will need to be prepared for the proposed project and to receive concurrence regarding the environmental document to be prepared. The PES will be prepared using existing, available information and no new analyses or detailed evaluations are assumed or included. As directed in the PES, cultural information will be provided entirely by CALTRANS. The PES will be revised once following CALTRANS review. Figures will include a vicinity map, a location map, and the project layouts. No additional figures or graphics are assumed to be necessary. The PES will also include an ISA Checklist (to be provided by the KLF sub- consultant preparing the ISA), Flood Insurance Rate Map, and Visual Assessment Guide checklist.
Deliverables:
Draft and Final PES (8 copies each)
Task 3: Environmental Technical Studies
North First Avenue over Mojave River City of Barstow
Project Approval & Environmental Document Kleinfelder
LPP 15-01 January 14, 2015
All technical studies will be consistent with meeting the requirements of NEPA and CEQA, as well as those of related environmental statutes and regulations. The technical studies will be prepared to cover both related statutory documentation requirements and to support preparation of a joint NEPA and CEQA document required for project approval.
Preparation of all technical analyses and reports will follow local, state, and federal environmental guidelines, primarily consisting of the CALTRANS SER website, CALTRANS Local Assistance Procedures Manual, local and FHWA Technical Advisory 6640.81 Guidance on Preparing and Processing Environmental and Section 4(f) Documents. The formats to be used for the technical studies will follow the guidance available on the CALTRANS SER website as of the date that those studies are initiated.
See scope of work for each technical study for details regarding studies to be prepared.
Unless otherwise noted, the deliverables for the following technical studies will be a separate bound report including a standardized project description, a methodology relevant to each topic area, description of the affected environment, impact assessment, and mitigation measures. The administrative draft technical study will be submitted to CITY (electronically) and then to CALTRANS (three copies) for review. Following CITY and CALTRANS review a draft of each technical study will be submitted to CITY (electronically) and to CALTRANS (three copies) for concurrent review. Following CALTRANS and CITY’S second review it is assumed that a revisions workshop will be held to address any outstanding comments, if any comments remain that warrant such a meeting. Following the revisions workshop a final version of each report will be prepared. The final technical studies (electronically to CITY and three copies to CALTRANS) will be submitted following the workshop for final concurrence (no additional comments are assumed to be received associated with the final concurrence review).
For this scope of work, the technical studies for which a specific scope of work has been included have been assumed based on a review of existing project information. If additional studies are identified during the environmental phase of the project, a scope of work and cost will be submitted for approval prior to their initiation.
Deliverables:
Administrative draft technical studies (3 copies each) Draft technical studies (3 copies each)
Final technical studies for concurrence (3 copies each) Final approved technical studies (5 copies each -- 2 CITY and 3 CALTRANS) The following assumptions have been made with regard to the technical studies that are to be prepared.
North First Avenue over Mojave River City of Barstow
Project Approval & Environmental Document Kleinfelder
LPP 15-01 January 14, 2015
Engineering plans, including limits of construction, staging areas, and borrow/disposal sites, if needed, will be provided by the engineering team at a level of detail sufficient for preparing the technical studies (roadway lanes, topographic information [including changes in topography resulting from the proposed project], station numbers, and existing structures within 500 feet of the proposed project). Mapping showing existing conditions (roadway lanes, topographic information, station numbers, and existing structures within 500 feet of the proposed project) will be provided by the engineering team. Aerial photograph at a scale suitable for preparation of project mapping, figures, and analyses will be provided by the engineering team (1 inch=200 feet scale minimum, with a minimum of 500 feet shown around any areas of improvement). Pixel size shall be no more than 2.5 square feet and image shall be orthorectified.
Focused protocol surveys for any species are not included in this scope and cost, other than those specified under the Natural Environment Study (NES) scope. If additional focused surveys are identified during the biological field reconnaissance, then this will be communicated to the engineering team and CITY and a scope and cost for this work will be provided. Section 7 consultation is not included or assumed and a Biological Assessment (BA) is not assumed or included.
A maximum of one Build and one No-Build alternative will be evaluated. Hazardous material (ISA), geotechnical, traffic assessments, Storm Water Data Report (SWDR), Relocation Impact Memorandum/Statement/Report, Visual Impact Assessment (VIA), Water Quality Report, and any floodplain analyses/technical reports (Location Hydraulic Study and Summary Floodplain Encroachment Report or Floodplain Evaluation Report, etc.), if required, will be provided by the engineering team and these analyses will be provided to ICF for incorporation into the environmental document and for use in the technical analyses.
NEPA/404 integration process will not be required.
Community Impact Assessment will not be required and this information will be directly incorporated into the Environmental Document.
It is assumed that a Noise Abatement Decision Report (NADR) will not be required. If determined based on the results of the Noise Study Report that a NADR is required, then a scope and cost will be provided to the CITY and KLF for approval prior to conducting this work. It is assumed that KLF would provide any sound wall/structural design for inclusion in the NADR. A Relocation Impact Report will not be required.
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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 North First Avenue over Mojave River City of Barstow
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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 North First Avenue over Mojave River City of Barstow
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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 North First Avenue over Mojave River City of Barstow
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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 North First Avenue over Mojave River City of Barstow
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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 North First Avenue over Mojave River City of Barstow
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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) North First Avenue over Mojave River City of Barstow
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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 North First Avenue over Mojave River City of Barstow
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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 North First Avenue over Mojave River City of Barstow
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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.
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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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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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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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ARTICLE XXXIV SIGNATURES
KLEINFELDER INC. CITY OF BARSTOW
Mark Creveling, P.E. Charles C. Mitchell
Vice President City Manager
DATE: DATE: