Agenda packet — Mayor and City Council, April 15, 2026 (part 3 of 4)

Accessible Document Service Proposal
Transform Your PDFs into Fully Accessible, Searchable, and Translatable Documents

PREPARED FOR
Glenn Cline
IT Manager
City of San Bernardino, CA
[email protected]

PREPARED BY
Noelle Beattie
Business Development Representative
DocAccess by CivicPlus
[email protected]
(916) 900-6619

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Executive Summary
City of San Bernardino, CA faces a critical deadline for PDF accessibility compliance. After analyzing 7,303 links across its web properties, the DocAccess tool discovered at least 3,175 documents that can—and need to be—served in an accessible format. With this agreement, DocAccess will ensure all publicly available documents are served in an accessible format.

Traditional remediation of just the documents identified would cost approximately $1,033,711 or could take 616 weeks of dedicated staff time.

DocAccess offers an immediate, cost-effective solution at just $37,242/year — that's 96% less than traditional remediation in the first year alone, with instant deployment and ongoing compliance.

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The Accessibility Challenge
Under the Americans with Disabilities Act (ADA) and recent Department of Justice guidelines, all public-facing digital content must be accessible to people with disabilities. This includes:

Meeting WCAG 2.1 AA standards for all PDF documents✓
Providing equal access to information for all users✓
Avoiding costly lawsuits and compliance penalties✓
Serving your community's 15-20% of residents with disabilities✓ According to the American Community Survey (ACS) for the City of San Bernardino, over half of residents speak a language other than English at home, with Spanish by far the most common, followed by Tagalog and Arabic among other languages. This high share of non-English speakers indicates strong need for translated public documents and communications. ✓

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The DocAccess Solution
DocAccess transforms your existing PDFs into fully accessible documents without changing your files or website structure. Our cloud-based solution provides:

Instant Accessibility
Automatic conversion to screen-reader
compatible HTML with proper semantic
structure and WCAG 2.1 AA compliance.
🌐 250 Language Translation
Real-time translation powered by Google
Translate, prioritizing languages spoken in
your service area.
🔍 AI-Powered Search & Q&A
Users can search within documents and ask
questions in plain language, getting instant
answers in their preferred language.
🧑‍💻 Live Visual Interpretation
24/7 access to professional interpreters via
Aira for users who need additional
assistance - included at no extra cost.
📱 Mobile Optimization
Responsive design ensures perfect viewing
on all devices, from smartphones to desktop
computers.
🎨 Smart Image Description
AI-generated comprehensive alt-text for all
images, charts, maps, and diagrams
following WCAG best practices.

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⚖ Standards & Laws We Help You Meet
🏛 ADA Title II & III
Compliance with Americans with
Disabilities Act requirements for public
entities and places of public
accommodation.
📋 Section 508
Federal accessibility standard required for
all federal agencies and contractors.
🌐 WCAG 2.1 AA
International Web Content Accessibility
Guidelines—the gold standard for digital
accessibility.
📄 PDF/UA (ISO 14289)
We test your documents against the
International standard for universally
accessible PDF documents.
✅ Every Plan Includes
Unlimited document views — No per-view charges, ever✓
Automatic new document processing — New PDFs are processed as they're published✓ 250 language translation — Real-time translation powered by Google Translate✓ AI-powered Q&A — Users can ask questions about document content in plain language✓ Live visual interpretation — 24/7 Aira access for users who need additional assistance✓ Compliance dashboard — Monitor your accessibility status in real-time✓

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📊 How DocAccess Compares to Other Municipal Services
Annual cost per resident comparison
Fire Protection (avg) $150-300/resident
Parks & Recreation (avg) $80-150/resident
Library Services (avg) $30-60/resident
Elections Administration $5-15/resident
🌟 DocAccess (full ADA compliance) ~$0.21/resident
💰 Why Not Traditional Remediation?
❌ Traditional PDF Remediation
$7-15+ per page, one-time
20+ minutes of staff time per page
Requires reprocessing when documents
update
No translation or search functionality
You own the compliance burden forever
✅ DocAccess Solution
Predictable annual pricing
Instant processing—no staff time
required
Automatically handles document
updates
Includes translation, search, and Q&A
We handle compliance—you focus on
your mission
No setup fees — Simple installation, no hidden costs✓

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Technical Excellence & Compliance
DocAccess is built on industry-leading standards and partnerships:

Testing PDFs for WCAG 2.1 AA and PDF/UA compliance verified by VeraPDF validation✓ Section 508 and ADA Title II & III compliance✓
ISO 14289 (PDF/UA) standard adherence✓
Tested with all major screen readers (JAWS, NVDA, VoiceOver)✓ Regular audits by accessibility experts✓
Continuous improvement through user and community feedback✓

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Simple Implementation Process
1 Quick Installation (15 minutes)
Add one line of code to your website - similar to Google Analytics. Works with any CMS or platform.
2 Automatic Processing (24 hours)
DocAccess scans and processes all your PDFs, creating accessible versions without touching your original files.
3 Go Live & Stay Compliant
Your PDFs are now served in an accessible, translatable, and mobile-friendly format. New documents are processed automatically. Full dashboard for monitoring.

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Investment & Value
Recommended Plan: Metropolitan - 223,728 Population
$37,242/year
For Publicly Available PDFs on sanbernardino.gov
What's Included:

Cost Comparison:

Unlimited documents on sanbernardino.gov✓
Unlimited document views and downloads✓
Automatic processing of new documents✓
All accessibility features (translation, Q&A, live assistance)✓ Compliance monitoring dashboard✓
Regular accuracy reviews by experts✓
No setup fees or hidden costs✓

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Traditional PDF remediation: $1,033,711 (one-time) plus ongoing costs and/or time spent for all new documents
DocAccess solution: $37,242/year
You save $996,469 in the first year alone!

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Frequently Asked Questions
Do I need to remediate my existing PDFs?
No. DocAccess creates WCAG 2.1 AA compliant HTML formats that are the gold standard for ADA requirements. Your original PDFs remain unchanged as an alternative format for printing.

How quickly can we be compliant?
Most organizations are fully operational within 24-48 hours of installing the DocAccess code.

Complex documents may take slightly longer for our quality review process.

What about documents on external sites we link to?
DocAccess uniquely handles external PDFs you link to, ensuring your users have an accessible experience even with third-party documents.

Is this solution legally compliant?
DocAccess meets all federal ADA requirements and state-specific regulations for accessible document creation. No customer using DocAccess has paid even a dollar for any ADA lawsuit, claim, or fine related to its documents. If you encounter an issue, contact us immediately so we can assist you with our unlimited accessibility and legal support program.

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Service Agreement
This Software as a Service Agreement ("Agreement") is entered into on March 5, 2026, between CivicPlus, LLC ("Provider") and City of San Bernardino, CA ("Customer").

Services Provided
DocAccess is a subscription-based accessibility solution that includes:

Automated document accessibility compliance
Real-time translation to 250 languages
AI-powered search and Q&A functionality
24/7 live visual interpretation services
Compliance monitoring and reporting
Subscription
Metropolitan - 223,728 Population Plan - Publicly Available PDFs on sanbernardino.gov Terms
List Price: $47,746 per year
Discounted Fee: $37,242 per year (22% discount)
Contract Term: Mar 5, 2026 - Jun 30, 2027 - 5% annual uplift starting Year 2 Payment Schedule: Every year, beginning July 1, 2026
Payment Terms: Net 30
Renewal Procedure: Automatic one-year renewal term, unless 60 days notice provided prior to renewal date Example Payment Schedule
Invoice Dates of Service Rate Amount
Complimentary
Service
3/5/2026 -
6/30/2026 Free $0
First Invoice 7/1/2026 -
6/30/2027 $47,746/year (22% first year discount applied) $37,242 Future Invoice 7/1/2027 -
6/30/2028
$47,746/year (22% ongoing discount) + 5%
uplift $39,104
The CivicPlus accounting department will gladly work with you to adjust the payment schedule to meet your needs. Amounts will not include certain state or local imposed sales taxes. Proration amounts are approximate.

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This Service Agreement is governed by the terms and conditions of the Master Services Agreement and the DocAccess Terms and Conditions, both available at: https://www.civicplus.help/docs/legal-terms-and-conditions- for-services (collectively, the "Agreement"). By executing this Service Agreement, Customer acknowledges and agrees to be bound by all terms and conditions set forth in the Agreement referenced above. In the event a Master Services Agreement is already executed between the parties, the existing agreement shall take precedence over the linked Master Services Agreement.

Customer may issue purchase orders for its internal, administrative use only, and not to impose any contractual terms. Any terms contained in any such purchase orders issued by the Customer are considered null and will not alter the Binding Terms, the Agreement, or this service agreement.

W-9 available at getstreamline.com/w9 | Fed Tax ID: 48-1202104 CivicPlus, LLC
Name: Mac Clemmens
Title: SVP, DocAccess Co-Founder
Date: [signature_date]
City of San Bernardino, CA
Name: Glenn Cline
Title: IT Manager
Date: [signature_date]

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: April 15, 2026
To: Honorable Mayor and City Council Members
From: Lynn Merrill, Director of Public Works;
Azzam Jabsheh, Deputy Director of Public Works/City Engineer Department: Public Works
Subject: Award Design Services Agreement in the Amount of $269,242.50 for E Street Median Safety Improvements
(HSIP Cycle 12 – 5033(060)) to Willdan Engineering (Wards 1 & 3)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino authorize the City Manager, or designee, to execute a Design Services Agreement with Willdan Engineering for the E Street Median Safety Improvements Project (Fairway Drive to 10th Street), HSIP Cycle 12 – Federal Project No. 5033(060), for Preliminary Engineering (PS&E) services in the amount of $269,242.50.

City Manager's Comments
City Manager recommends approval.

Executive Summary
The E Street Median Safety Improvements Project (Fairway Drive to 10th Street) is funded through the Highway Safety Improvement Program (HSIP) Cycle 12 to enhance corridor safety through installation of a raised median and related roadway improvements.

This action authorizes execution of a Design Services Agreement with Willdan Engineering in the amount of $269,242.50 for preparation of environmental clearance documentation and final Plans, Specifications, and Cost Estimates (PS&E). Approval will allow the City to proceed with environmental clearance, design, and preparation of bid-ready construction documents in accordance with Caltrans requirements.

The construction phase will be brought to the Mayor and City Council for authorization at a future date following completion of design and Caltrans approval.

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Background
The E Street Median Safety Improvements Project (Fairway Drive to 10th Street) was awarded funding under the Highway Safety Improvement Program (HSIP) Cycle 12.

The project is identified as Federal Project No. 5033(060) and State Project No. 0825000150L and is administered through Caltrans District 8 under the Local Assistance Program.

On July 14, 2025, Caltrans authorized the Preliminary Engineering (PE) phase of the project. The Project End Date (PED) is November 30, 2027.

E Street is a major north–south arterial serving commercial, transit, and local traffic within the City of San Bernardino. The corridor includes dedicated sbX Bus Rapid Transit (BRT) lanes and multiple driveway access points. Safety concerns have been identified where vehicles make left turns or enter driveways across the dedicated bus lanes. Temporary delineators previously installed along the corridor have not provided a long-term solution.

The proposed project includes installation of a raised (hard) median between Fairway Drive and 10th Street to better manage turning movements, reduce conflict points, and enhance overall roadway safety. In addition to the median improvements, pavement conditions within the project limits warrant rehabilitation. A preliminary review indicates varying levels of pavement distress, including longitudinal cracking and localized areas requiring repair.

The project scope also includes pavement rehabilitation treatments such as cold milling and overlay or slurry seal where appropriate, along with comprehensive striping and restriping of travel lanes, bus lanes, bike lanes (if applicable), edge lines, crosswalks, and related pavement markings. Signing improvements and drainage review are included as part of the coordinated corridor upgrade.

The Preliminary Engineering phase includes environmental clearance, site investigation, surveying, utility coordination, public outreach, and preparation of final Plans, Specifications, and Cost Estimates (PS&E) necessary to advance the project to construction authorization under the HSIP program.

Discussion
The proposed Design Services Agreement with Willdan Engineering will provide Preliminary Engineering (PS&E) services to advance the E Street Median Safety Improvements Project from design to construction. The scope of work includes preparation of environmental clearance documentation, field investigations, surveying, utility coordination, traffic analysis and safety evaluation, and public outreach, as well as development of final Plans, Specifications, and Cost Estimates (PS&E). The design will incorporate raised median improvements, pavement rehabilitation treatments, signing and striping plans, and related roadway safety enhancements consistent with project objectives and Caltrans Local Assistance Program requirements.

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Following City Council approval, contract execution, and issuance of a Notice to Proceed, the project is anticipated to progress in accordance with the schedule outlined below:

Milestone Anticipated Timeframe
Contract Execution and Purchase Order Issuance June 2026 Notice to Proceed (NTP) July 2026
Completion of Plans, Specifications, and Cost
Estimates (PS&E) January 2027
Request for Authorization (RFA) – Construction
Approval by Caltrans April 2027
Bid Package Preparation and Procurement Solicitation May 2027 Construction Contract Award (City Council) July 2027
Start of Construction September 2027
Completion of the design phase and approval of the Request for Authorization (RFA) by Caltrans will allow the City to proceed to construction. Upon completion of the procurement process, the project will return to the Mayor and City Council for award of the construction contract.

Procurement Process
In August 2025, the City issued a Request for Proposals (RFP) for professional design engineering services for the E Street Median Safety Improvements Project.

The initial solicitation resulted in one responsive proposal. Following coordination with Caltrans District 8 and internal evaluation, the City submitted a Public Interest Finding (PIF 12-F) request to the District Local Assistance Engineer (DLAE) seeking approval to proceed with the single proposer; however, the request was not approved.

Accordingly, the City re-advertised the project under RFP F-26-1044 on January 12, 2026. The solicitation closed on February 2, 2026. The City received proposals from the following firms:

Firm Name
AYCE
Willdan Engineering
Engineering Resources of Southern California, Inc. (ERSC)

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TKE Engineering
Michael Baker International
Sikand Engineering
An evaluation committee reviewed and scored the proposals in accordance with the criteria established in the RFP. Based on the evaluation results, Willdan Engineering was identified as the top-ranked firm.

In accordance with federal Qualifications-Based Selection (QBS) requirements under the Caltrans Local Assistance Procedures Manual (LAPM), consultant selection was based solely on qualifications and demonstrated experience. Fee proposals were not used as an evaluation criterion and were only considered during negotiations with the top-ranked firm. Consistent with these requirements, fee proposals from competing firms are not presented in this report.

Following selection, the City entered into negotiations with Willdan Engineering as the top-ranked firm. Willdan’s original fee proposal for the Preliminary Engineering (PS&E) phase totaled $306,492.50.

Through negotiations, the scope and fee structure were refined to align with project requirements and funding constraints. Willdan subsequently submitted a revised fee proposal totaling $269,242.50 for the PS&E phase, representing a reduction of $37,250.00 from the original proposal.

The negotiated design services fee of $269,242.50 is within the authorized Preliminary Engineering (PE) funding for the project, as approved by Caltrans under the E-76 authorization, and is consistent with available project funding for the Preliminary Engineering phase. Staff recommends awarding the design services contract to Willdan Engineering to proceed with preparation of the Plans, Specifications, and Cost Estimates (PS&E) necessary to advance the project toward construction.
2021-2025 Strategic Targets and Goals
This project is consistent with Goal No. 4: Improve Quality of Life – Evaluate and enhance the quality of public safety services. The E Street Median Safety Improvements Project addresses documented roadway safety concerns by installing a raised median and associated pavement, signing, and striping improvements. These enhancements are intended to reduce traffic conflicts, improve corridor operations, and enhance overall safety for motorists and the surrounding community, while supporting the objectives of the Highway Safety Improvement Program (HSIP).

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Fiscal Impact
The total approved budget for the E Street Median Safety Improvements Project is $3,503,000, funded through the Highway Safety Improvement Program (HSIP) Cycle 12 federal grant program in the amount of $3,152,700, with a required local match of $350,300 from the City’s Traffic Safety funds.

The current action authorizes execution of a design services agreement with Willdan Engineering in the amount of $269,242.50 for the Preliminary Engineering (PS&E) phase of the project. Sufficient funding is available within the approved project budget, and no additional appropriation is required at this time.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino authorize the City Manager, or designee, to execute a Design Services Agreement with Willdan Engineering for the E Street Median Safety Improvements Project (Fairway Drive to 10th Street), HSIP Cycle 12 – Federal Project No. 5033(060), for Preliminary Engineering (PS&E) services in the amount of $269,242.50.

Attachments
Attachment 1- Design Services Agreement, Willdan Engineering Attachment 2- Proposal, Willdan Engineering
Attachment 3- Project Location Map
Ward:

Ward 1 and Ward 3
Synopsis of Previous Council Actions:

July 2, 2025 The Mayor and City Council adopted Resolution No. 2025-322 accepting the Highway Safety Improvement Program (HSIP) Cycle 12 grant award in the amount of $3,152,700, approving the required local match from the Traffic Safety Fund, and amending the FY 2025/26 CIP budget to establish a total project budget of $3,503,000 for the E Street Median Safety Improvements Project.

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1 CITY OF SAN BERNARDINO

DESIGN SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into as April 15, 2026 (“Effective Date***) by and between the City of San Bernardino , a charter city and municipal corporation organized and operating under the laws of the State of California , with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401 (“City”), and Willdan Engineering, a California Corporation, with its principal place of business at 650 E. Hospitality Ln, #400, San Bernardino, CA 92408 (hereinafter referred to as “ Designer”). City and Designer are sometimes individually referred to herein as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 City. City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Designer. Designer desires to perform and assume responsibility for the provision of certain professional design services required by the City on the terms and conditions set forth in this Agreement. Designer warrants that it is fully licensed, qualified, and willing to perform the services required by this Agreement; provided, however, that if Designer is a corporation or other organization, the Project Designer designated pursuant to Section 3.2, and not the Designer itself, shall be fully licensed to practice as an architect and/or engineer in the State of California.

2.3 Project. City desires to engage Designer to render such services for the E Street Median Safety Improvements (Fairway Dr to 10th St, HSIP Cycle 12 – 5033(060)), CIP NO.

SS25-011 ("Project") as set forth in this Agreement.

3. TERMS

3.1 Employment of Designer.

3.1.1 Scope of Services . Designer promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional design and related services necessary for the full and adequate completion of the Project consistent with the provisions of this Agreement (hereinafter referred to as “Services”). The Services are more particularly described throughout this Agreement, including Exhibit “A” attached hereto and incorpo rated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, any exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. All Services performed by Designer shall be subject to the sole and discretionary approval of the City, which approval shall not be unreasonably withheld.

3.1.2 Term. The term of this Agreement shall be from April 15, 2026 to April 15, 2027, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.

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2 3.2 Project Designer; Key Personnel.

3.2.1 Project Designer. Designer shall name a specific individual to act as Project Designer, subject to the approval of City. Designer hereby designates Willdan Engineering (California Business License Number : DIR 1000025452) to act as the Project Designer for the Project. The Project Designer shall: (1) maintain oversight of the Services; (2) have full authority to represent and act on behalf of the Designer for all purposes under this Agreement; (3) supervise and direct the Services using his or her best skill and attention; (4) be responsible for the means, methods, techniques, sequences and procedures used for the Services; (5) adequately coordinate all po rtions of the Services; and (6) act as principal contact with City and all contractors, consultants, engineers and inspectors on the Project. Any change in the Project Designer shall be subject to the City’s prior written approval, which approval shall not be unreasonably withheld. The new Project Designer shall be of at least equal competence as the prior Project Designer. In the event that City and Designer cannot agree as to the substitution of a new Project Designer, City shall be entitled to terminate this Agreement for cause.

3.2.2 Key Personnel . In addition to the Project Designer, Designer has represented to the City that certain additional key personnel, engineers and consultants will perform the Services under this Agreement. Should one or more of such personnel, engineers or consultants become unavailable, Designer may substitute others of at least equal competence upon written approval of the City. In the event that City and Designer cannot agree as to the substitution of key personnel, engineers or consultants, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel, engineers or consultants who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Designer at the request of the City. The key additional personnel, engineers and consultants for performance of this Agreement are as follows:

✓ Tyrone Peter, PE
• Title: Principal-in-Charge / QA Manager
• License: California Registered Professional Engineer

✓ Ronald Stein, PE, ENV SP
• Title: Project Manager
• License: California Registered Professional Engineer

✓ Matthew Crim, PE, ENV SP
• Title: Civil Design Lead
• License: California Registered Professional Engineer

✓ Minh Phan, TE
• Title: Traffic Design Lead
• License: California Traffic Engineer

✓ Jason Stiller, PLS
• Title: Surveying Lead
• License: California Professional Land Surveyor

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3 ✓ Lani Alfonso, PE
• Title: Grant Funding Administration Lead
• License: California Registered Professional Engineer

✓ Tamara Boelti
• Title: Utility Coordinator

3.3 Hiring of Consultants and Personnel.

3.3.1 Right to Hire or Employ. Designer shall have the option, unless City objects in writing after notice, to employ at its expense architects, engineers, experts or other consultants qualified and licensed to render services in connection with the planning and/or administration of the Project, and to delegate to them such duties as Designer may delegate without relieving Designer from administrative or other responsibility under this Agreement. Designer shall be responsible for the coordination and cooperatio n of Designer’s architects, engineers, experts or other consultants. All consultants, including changes in consultants, shall be subject to approval by City in its sole and reasonable discretion. Designer shall notify City of the identity of all consultants at least fourteen (14) days prior to their commencement of work to allow City to review their qualifications and approve to their participation on the Project in its sole and reasonable discretion.

3.3.2 Qualification and License . All architects, engineers, experts and other consultants retained by Designer in performance of this Agreement shall be qualified to perform the Services assigned to them, and shall be licensed to practice in their respective professions, where required by law.

3.3.3 Standards and Insurance . All architects, engineers, experts and other consultants hired by Designer shall be required to meet all of the same standards and insurance requirements set forth in this Agreement, unless other standards or requirements are approved by the City in writing. Unless changes are approved in writing by the City, Designer’s agreements with its consultants shall contain a provision making them subject to all provisions stipulated in this Agreement.

3.3.4 Assignments or Staff Changes. Designer shall promptly obtain written City approval of any assignment, reassignment or replacement of such architects, engineers, experts and consultants, or of other staff changes of key personnel working on the Project. As provided in the Agreement, any changes in Designer’s consultants and key personnel shall be subject to approval by City.

3.3.5 Draftsman and Clerical Support. Draftsmen and clerical personnel shall be retained by Designer at Designer’s sole expense.

3.4 Standard of Care.

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4 City as a result of any such delays in the design or construction of the Project. Designer represents and maintains that it is skilled in the professional calling necessary to perform the Services. Designer warrants and represents that all of its employees, architects, engineers, experts and other consultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Designer represents that it, its employees, architects, engineers, experts and other consultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services assigned to or rendered by them and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Designer shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Designer’s failure to co mply with the standard of care provided for herein.

3.4.2 Performance of Employees . Any employee or consultant who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee or consultant who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Designer and shall not be re-employed to perform any of the Services or to work on the Project.

3.5 Laws and Regulations.

3.5.1 Knowledge and Compliance . Designer shall keep itself fully informed of and in compliance with all applicable local, state and federal laws, rules and regulations in any manner affecting the performance of the Services or the Project, and shall give all notices required of the Designer by law. Designer shall be liable, pursuant to the standard of care and indemnification provisions of this Agreement, for all violations of such laws and regulations in connection with its Services. If the Designer performs any work knowing it to be contrary to such laws, rules and regulations, Designer shall be solely responsible for all costs arising therefrom.

Designer shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.5.2 Drawings and Specifications . Designer shall cause all drawings and specifications to conform to any applicable requirements of federal, state and local laws, rules and regulations, including the Uniform Building Code, in effect as of the time the drawings and specifications are prepared or revised during the latest phase of the Services described in Exhibit “A” attached hereto. Any significant revisions made necessary by changes in such laws, rules and regulations after this time may be compensated as Additional Services which were not known or reasonably should not have been known by Designer. Designer shall cause the necessary copies of such drawings and specifications to be filed with any governmental bodies with approval jurisdiction over the Project, in accordance with the Services described in Exhibit “A” attached hereto. For the preparation of al l such drawings and specifications, the Designer shall use Computer Aided Design Drafting (“CADD”) (e.g., AutoCAD) or other technology acceptable to the Designer and City.

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5 which are subject to conflicting interpretations of the law, and shall provide the City with its interpretation of such inconsistencies and conflicting interpretations. Unless Designer brings such inconsistencies and conflicting interpretations to the attention of the City and requests City’s direction on how to proceed, the Designer’s interpretation of such inconsistencies and conflicting interpretations shall be the sole responsibility and liability of Designer, and the Designer shall correct all plans, specifications and other documents prepared for the Project at no additional cost if its interpretations are shown to be incorrect. In the event that the Designer request’s City’s direction on how to proceed with respect to any inconsistent and/or conflicting interpretation, the Designer shall be responsible to the City only pursuant to the indemnification provisions of this Agreement.

3.5.4 Permits, Approvals and Authorizations. Designer shall provide City with a list of all permits, approvals or other authorizations required for the Project from all federal, state or local governmental bodies with approval jurisdiction over the Project. Designer shall then assist the City in obtaining all such permits, approvals and other authorizations. The costs of such permits, approvals and other authorizations shall be paid by the City.

3.5.5 Water Quality Management and Compliance.
(a) Compliance with Water Quality Laws, Ordinances and Regulations.

Designer shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limita tion, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California P orter-Cologne Water Quality Control Act (Cal Water Code §§ 13000 -14950); and any and all regulations, policies, or permits issued pursuant to any such authority. Designer shall additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.
(b) Standard of Care . Designer warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Sections 3.5.5(a) of this Agreem ent. Designer further warrants that it, its employees and subcontractors will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.
(c) Liability for Non-compliance.
(i) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Sections 3.5.5(a) of this Agreement is a violation of federal and state law.

Notwithstanding any other indemnity contained in this Agreement, Designer agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.

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6 (ii) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Designer’s failure to comply with any applicable water quality law, regulation, or policy. Designer hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(iii) Damages: City may seek damages from Designer for delay in completing the Services caused by Designer’s failure to comply with the laws, regulations and policies described in Section 3.5.5(a) of this Agreement, or any other relevant water quality law, regulation, or policy.

3.5.6 Air Quality.
(a) Compliance with Air Quality Laws, Ordinances, and Regulations .

Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of e quipment with a fuel -powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.6 Independent Contractor.

3.6.1 Control and Payment of Subordinates . City retains Designer on an independent contractor basis and Designer is not an employee of City. Designer is not an employee for state tax, federal tax or any other purpose, and is not entitled to the rights or benefits afforded to City’s employees. Any additional personnel performing the Services under this Agreement on behalf of Designer shall also not be employees of City, and shall at all times be under Designer’s exclusive direction and control. Designer shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Serv ices under this Agreement and as required by law. Designer shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.7 Schedule of Services.

3.7.1 Designer Services. Designer shall fully and adequately complete the Services described in this Agreement and in Exhibit “A” attached hereto and incorporated herein by reference.

3.7.2 Timely Performance Standard . Designer shall perform all Services hereunder as expeditiously as is consistent with professional skill and care, as well as the orderly progress of the Project work so as not to be the cause, in whole or in part, of delays in the completion of the Project or in t he achievement of any Project milestones, as provided herein.

Specifically, Designer shall perform its Services so as to allow for the full and adequate completion of the Project within the time required by the City and within any completion schedules ado pted for the Project. Designer agrees to coordinate with City’s staff, contractors and consultants in the

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7 performance of the Services, and shall be available to City’s staff, contractors and consultants at all reasonable times.

3.7.3 Performance Schedule . Designer shall prepare an estimated time schedule for the performance of Designer’s Services, to be adjusted as the Project proceeds.

Such schedule shall be subject to the City’s review and approval, which approval shall not be unreasonably withheld, and shall include allowances for periods of time required for City’s review and appr oval of submissions, and for approvals of authorities having jurisdiction over Project approval and funding. If City and Designer cannot mutually agree on a performance schedule, City shall have the authority to immediately terminate this Agreement. The schedule shall not be exceeded by Designer without the prior written approval of City. If the Designer’s Services are not completed within the time provided by the agreed upon performance schedule, or any milestones established therein, it is understood, acknowledged and agreed that the City will suffer damage for which the Designer will be responsible pursuant to the indemnification provision of this Agreement.

3.7.4 Excusable Delays. Any delays in Designer’s work caused by the following shall be added to the time for completion of any obligations of Designer: (1) the actions of City or its employees; (2) the actions of those in direct contractual relationship with City; (3) the actions of any governmental agency having jurisdiction over the Project; (4) the actions of any parties not within the reasonable control of the Designer; and (5) Force Majeure Event . Neither the City nor the Designer shall be liable for damages, liquidated or otherwise, to the other on account of such delays. Such a non-compensable adjustment shall be Designer’s sole and exclusive remedy for such delays and the Designer will not receive an adjustment to the contract price or any other compensation. A Force Majeure Event shall mean an event that materially affects a party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemic s or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Designer and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.

3.7.5 Request for Excusable Delay Credit. The Designer shall, within fifteen (15) calendar days of the beginning of any excusable delay, notify the City in writing of the causes of delay (unless City grants in writing a further period of time to file such notice prior to the date of final payment under the Agreement). City will then ascertain the facts and the extent of the delay, and grant an extension of time for completing the Services when, in its sole judgment, the findings of fact justify such an extension. The City’s findings of fact thereon shall be final and conclusive on the parties. Extensions of time shall apply only to that portion of the Services affected by the delay and shall not apply to other portions of the Services not so affected. The sol e remedy of Designer for extensions of time shall be an extension of the performance time at no cost to the City. If Additional Services are required as a result of an excusable delay, the parties shall mutually agree thereto pursuant to the Additional Se rvices provision of this Agreement. Should Designer make an application for an extension of time, Designer shall submit evidence that the insurance policies required by this Agreement remain in effect during the requested additional period of time.

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8 3.8 Additional Designer Services.

3.8.1 Request for Services. At City’s request, Designer may be asked to perform services not otherwise included in this Agreement, not included within the basic services listed in Exhibit “A” attached hereto, and/or not customarily furnished in accordance with generally accepted design practice.

3.8.2 Definition. As used herein, “Additional Services” mean: (1) any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary for the Designer to perform at the execution of this Agreement; or (2) any work listed as Additional Services in Exhibit “A” attached hereto. Designer shall not perform, nor be compensated for, Additional Services without prior written authorization from City and without an agreement between t he City and Designer as to the compensation to be paid for such services. City shall pay Designer for any approved Additional Services, pursuant to the compensation provisions herein, so long as such services are not made necessary through the fault of Designer pursuant to the indemnification provision of this Agreement.

3.8.3 Examples of Additional Services . Such Additional Services shall not include any redesign or revisions to drawings, specifications or other documents when such revisions are necessary in order to bring such documents into compliance with applicable laws, rules, regulations or codes of which Designer was aware or should have been aware pursuant to the laws and regulations provision of this Agreement above. Such Additional Services may include, but shall not be limited to:
(a) Separately Bid Portions of Project . Plan preparation and/or administration of work on portions of the Project separately bid. (b) Furniture and Interior Design. Assistance to City, if requested, for the selection of moveable furniture, equipment or articles which are not included in the Construction Documents.
(c) Fault of Contractor . Services caused by delinquency, default or insolvency of contractor, or by major defects in the work of the contractor, provided that any such services made necessary by the failure of Designer to detect and report such matters when it reasonably should have done so shall not be compensated. (d) Inconsistent Approvals or Instructions . Revisions in drawings, specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given and are due to causes beyond the control of Designer. (e) Legal Proceedings. Serving as an expert witness on City's behalf or attending legal proceedings to which the Designer is not a party. (f) Damage Repair. Supervision of repair of damages to any structure. (g) Extra Environmental Services . Additional work required for environmental conditions (e.g. asbestos or site conditions) not already contemplated within the Designer's services for the Project.

3.9 City Responsibilities. City’s responsibilities shall include the following:

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9 3.9.1 Data and Information. City shall make available to Designer all necessary data and information concerning the purpose and requirements of the Project, including scheduling and budget limitations, objectives, constraints and criteria. As part of the budget limitation information, the City shall provide the Designer with a preliminary construction budget (“City’s Preliminary Construction Budget”).

3.9.2 Project Survey . If required pursuant to the scope of the Project and if requested by Designer, City shall furnish Designer with, or direct Designer to procure at City’s expense, a survey of the Project site prepared by a registered surveyor or civil engineer, any other record documents which shall indicate existing structures, land features, improvements, sewer, water, gas, electrical and utility lines, topographical information and boundary dimensions of the site, and any other such pertinent information.

3.9.3 Bid Phase. Distribute Construction Documents to bidders and conduct the opening and review of bids for the Project.

3.9.4 Testing. Retain consultant(s) to conduct chemical, mechanical, soils, geological or other tests required for proper design of the Project, and furnish such surveys, borings, test pits, and other tests as may be necessary to reveal conditions of the site which must be known to determine soil condition or to ensure the proper development of the required drawings and specifications.

3.9.5 Required Inspections and Tests. Retain consultant(s) to conduct materials testing and inspection or environmental/hazardous materials testing and inspection pursuant to any applicable laws, rules or regulations.

3.9.6 Fees of Reviewing or Licensing Agencies . Directly pay or reimburse the payment of all fees required by any reviewing or licensing agency, or other agency having approval jurisdiction over the Project.

3.9.7 City’s Representative. The City hereby designates Azzam Jabsheh, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Representative hereby designates Azzam Jabsheh, City Engineer, or his or her designee, as the City’s contact for the implementation of the Services hereunder. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.9.8 Review and Approved Documents . Review all documents submitted by Designer, including change orders and other matters requiring approval by the City Council or other officials. City shall advise Designer of decisions pertaining to such documents within a reasonable time after submission, so as not to cause unreasonable delay as provided in the excusable delay provisions of this Agreement above.

3.10 Compensation.

3.10.1 Designer’s Compensation for Basic Services . City shall pay to Designer, for the performance of all Services rendered under this Agreement, the total not to exceed amount of Two Hundred Sixty -Nine Thousand Two Hundred Forty -Two Dollars and Fifty Cents ($269,242.50) (“Total Compensation”). This Total Compensation amount shall be based upon, and may be adjusted according to, the fee schedule and related terms and conditions attached

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10 hereto as Exhibit “B” and incorporated herein by reference. The Total Compensation, as may be adjusted upon mutual agreement, shall constitute complete and adequate payment for Services under this Agreement.

3.10.2 Payment for Additional Services . At any time during the term of this Agreement, City may request that Designer perform Additional Services. As used herein, Additional Services means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement . Any additional work in excess of this amount must be approved by the City . If authorized, such Additional Services will be compensated at the rates and in the manner set forth in Exhibit “C” attached her eto and incorporated herein by reference, unless a flat rate or some other form of compensation is mutually agreed upon by the parties. If City requires Designer to hire consultants to perform any Additional Services, Designer shall be compensated therefore at the rates and in the manner set forth in Exhibit “C” attached hereto and incorporated herein by reference, unless a flat rate or some other form of compensation is mutually agreed upon by the parties. City shall have the authority to review and approve the rates of any such consultants. In addition, Designer shall be reimbursed for any expenses incurred by such consultants pursuant to the terms and conditions of Section 3.10.3.

3.10.3 Reimbursable Expenses . Reimbursable expenses are in addition to compensation for the Services and Additional Services. Designer shall not be reimbursed for any expenses unless authorized in writing by City, which approval may be evidenced by inclusion in Exhibit “C” attached hereto. Such reimbursable expenses shall include only those expenses which are reasonably and necessarily incurred by Designer in the interest of the Project. Designer shall be required to acquire prior written consent in order to o btain reimbursement for the following: (1) extraordinary transportation expenses incurred in connection with the Project; (2) out-of-town travel expenses incurred in connection with the Project; (3) fees paid for securing approval of authorities having jurisdiction over the Project; (4) bid document duplication costs in excess of $1,000; and (5) other costs, fees and expenses in excess of $1,000.

3.10.4 Payment to Designer. Designer’s compensation and reimbursable expenses shall be paid by City to Designer no more often than monthly. Such periodic payments shall be made based upon the percentage of work completed, and in accordance with the phasing and funding schedule provided in Exhibit “B” and the compensation rates indicated in Exhibit “C” attached hereto and incorporated herein by reference. In order to receive payment, Designer shall present to City an itemized statement which indicates Services p erformed, percentage of Services completed, method for computing the amount payable, and the amount to be paid at the address listed in Section 3.29 . The statement shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement, as well as those expenses for which reimbursement is requested for that statement period. The amount paid to Designer shall never exceed the percentage amoun ts authorized by the phasing and funding schedule located in Exhibit “B” attached hereto. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon pursuant to the provisions of Civil Code Section 3320. Disputed amounts shall be resolved by the parties in a mutually agreeable manner.

Payments made for Additional Services shall be made in installments, not more often than monthly, proportionate to the degree of completion of such services or in such other manner as the parties shall specify when such services are agreed upon, and in acc ordance with any authorized fee or rate schedule. In order to receive payment, Designer shall present to City an itemized statement which indicates the Additional Services performed, percentage of Additional

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11 Services completed, method for computing the amount payable, and the amount to be paid. The statement shall describe the amount of Additional Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon pursuant to the provisions of Civil Code Section 3320. Disputed amounts shall be resolved by the parties in a mutually agreeable manner.

Upon cancellation or termination of this Agreement, Designer shall be compensated as set forth in the termination provision herein.

3.10.5 Withholding Payment to Designer. The City may withhold payment, in whole or in part, to the extent reasonably necessary to protect the City from claims, demands, causes of action, costs, expenses, liabilities, losses, damages, or injuries of any kind to the extent arising out of or cau sed by the negligence, recklessness, or willful misconduct protected under the indemnification provisions of this Agreement. Failure by City to deduct any sums from a progress payment shall not constitute a waiver of the Cit y’s right to such sums. The City may keep any moneys which would otherwise be payable at any time hereunder and apply the same, or so much as may be necessary therefor, to the payment of any expenses, losses, or damages as determined by the City, incurred by the City for which Designer is liable under the Agreement or state law. Payments to the Designer for compensation and reimbursable expenses due shall not be contingent on the construction, completion or ultimate success of the Project. Payment to the Designer shall not be withheld, postponed, or made contingent upon receipt by the City of offsetting reimbursement or credit from parties not within the Designer’s reasonable control.

3.10.6 Prevailing Wages. Designer is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Designer agrees to fully comply with and to require its consultants to fully comply with such Prevailing Wage Laws. City shall provide Designer with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.

Designer shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the D esigner’s principal place of business and at the Project site.

Designer shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure of the Designer or its consultants to comply with the Prevailing Wage Laws. It shall be mandatory upon the Designer and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1) . The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.10.7 Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Designer and all subconsultants performing such Services must be registered with

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12 the Department of Industrial Relations. Designer shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

3.10.8 Labor Compliance . This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Designer’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orde rs issued by the Department of Industrial Relations against Designer or any subcontractor that affect Designer’s performance of Services, including any delay, shall be Designer’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Designer caused delay and shall not be compensable by the City. Designer shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arisin g out of stop orders issued by the Department of Industrial Relations against Designer or any subcontractor.

3.11 Notice to Proceed.

Designer shall not proceed with performance of any Services under this Agreement unless and until the City provides a written notice to proceed.

3.12 Termination, Suspension and Abandonment.

3.12.1 Grounds for Termination; Designer’s Termination for Cause . City hereby reserves the right to suspend or abandon, at any time and for any reason, all or any portion of the Project and the construction work thereon, or to terminate this Agreement at any time with or without cause. Designer shall be provided with at least seven (7) days advanced written notice of such suspension, abandonment or termination. In the event of such suspension, abandonment or termination, Designer shall be paid for Services and reimbursable expenses rendered up to the date of such suspension, abandonment or termination, pursuant to the schedule of payments provided for in this Agreement, less any claims against or damages suffered by City as a result of the default, if any, by Designer. Designer hereby expressly waives any and all claims for damages or compensation arising under this Agreement, except as set forth herein, in the event of such suspension, abandonment or termination. Designer may terminate this Agreement for substantial breach of performance by the City such as failure to make payment to Designer as provided in this Agreement.

3.12.2 City’s Suspension of Work. If Designer’s Services are suspended by City, City may require Designer to resume such Services within ninety (90) days after written notice from City. When the Project is resumed, the Total Compensation and schedule of Services shall be equitably adjusted upon mutual agreement of the City and Designer.

3.12.3 Documents and Other Data . Upon suspension, abandonment or termination, Designer shall provide to City all preliminary studies, sketches, working drawings, specifications, computations, and all other Project Documents, as defined below, to which City would have been entitled at the completion of Designer’s Services under this Agreement. Upon payment of the amount required to be paid to Designer pursuant to the termination provisions of this Agreement, City shall have the rights, as provided in this Agreement hereinafter, to use such Project Documents prepared by or on behalf of Designer under this Agreement. Designer shall

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13 make such documents available to City upon request and without additional compensation other than as may be approved as a reimbursable expense.

3.12.4 Employment of other Designers. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.13 Ownership and Use of Documents; Confidentiality.

3.13.1 Ownership. All plans, specifications, original or reproducible transparencies of working drawings and master plans, preliminary sketches, design presentation drawings, structural computations, estimates and any other documents prepared pursuant to this Agreement, including, but not limited to, any other works of authorship fixed in any tangible medium of expression such as writings, physical drawi ngs and data magnetically or otherwise recorded on computer diskettes (hereinafter referred to as the “Project Documents”) shall be and remain the property of City. Although the official copyright in all Project Documents shall remain with the Designer or other applicable subcontractors or consultants, the Project Documents shall be the property of City whether or not the work for which they were made is executed or completed. Within thirty (30) calendar days following completion of the Project, Designer shall provide to City copies of all Project Documents required by City. In addition, Designer shall retain copies of all Project Documents on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of reasonable duplication costs. Before destroying the Project Documents following this retention period, Designer shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.13.2 Right to Use. Designer grants to City the right to use and reuse all or part of the Project Documents, at City’s sole discretion and with no additional compensation to Designer, for the following purposes:
(a) The construction of all or part of this Project.
(b) The repair, renovation, modernization, replacement, reconstruction or expansion of this Project at any time;
(c) The construction of another project by or on behalf of the City for its ownership and use;
City is not bound by this Agreement to employ the services of Designer in the event such documents are used or reused for these purposes. City shall be able to use or reuse the Project Documents for these purposes without risk of liability to the Designer or third parties with respect to the condition of the Project Documents, and the use or reuse of the Project Documents for these purposes shall not be construed or interpreted to waive or limit City’s right to recover for latent defects or for errors or omissions of the Designer.

Any use or reuse by City of the Project Documents on any project other than this Project without employing the services of Designer shall be at City’s own risk with respect to third parties.

If City uses or reuses the Project Documents on any project other than this Project, it shall remove the Designer’s seal from the Project Documents and hold harmless Designer and its officers, directors, agents and employees from claims arising out of the negligent use or re -use of the Project Documents on such other project.

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14 3.13.3 License. This Agreement creates a non -exclusive and perpetual license for City to copy, use, modify or reuse any and all Project Documents and any intellectual property rights therein. Designer shall require any and all subcontractors and consultants to agree in writing that City is granted a non -exclusive and perpetual license for the work of such subcontractors or consultants performed pursuant to this Agreement.

3.13.4 Right to License. Designer represents and warrants that Designer has the legal right to license any and all copyrights, designs and other intellectual property embodied in the Project Documents that Designer prepares or causes to be prepared pursuant to this Agreement. Designer shall indemnify and hold City harmless pursuant to the indemnification provisions of this Agreement for any breach of this Section. Designer makes no such representation and warranty in regard to previously prepared designs, plan s, specifications, studies, drawings, estimates or other documents that were prepared by design professionals other than Designer and provided to Designer by City.

3.13.5 Confidentiality. All Project Documents, either created by or provided to Designer in connection with the performance of this Agreement, shall be held confidential by Designer to the extent they are not subject to disclosure pursuant to the Public Records Act. All Project Documents shall not, without the written consent of City, be used or reproduced by Designer for any purposes other than the performance of the Services. Designer shall not disclose, cause or facilitate the disclosure of the Project Documents to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Designer which is otherwise known to Designer or is generally known, or has become known, to the related industry shall be deemed confidential. Designer shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the written consent of City.

3.14 Indemnification.

3.14.1 To the fullest extent permitted by law, Designer shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Designer, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Designer’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Designer's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Designer, the City, its officials, officers, employees, agents, or volunteers.

3.14.2 If Designer’s obligation to defend, indemnify, and/or hold harmless arises out of Designer’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Designer’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Designer, and, upon Designer obtaining a final adjudication by a court of competent jurisdiction, Designer’s liability for such claim, including the cost to defend, shall not exceed the Designer’s proportionate percentage of fault.

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15 3.15 Insurance. Designer shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Designer shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.

3.15.1 Types of Insurance Required . As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, Designer shall, at its expense, procure and maintain in full force and effect for the duration of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Designer agrees to amend, supplement or endorse the policies to do so.

3.15.2 Additional Insured . The City of San Bernardino , its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Designer’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

3.15.3 Commercial General Liability
(a) The Designer shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (b) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(c) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured

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16 against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(d) The policy shall give City, the City Council and each member of the City Council, its officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(e) The general liability program may utilize either deductibles or provide coverage excess of a self -insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.

3.15.4 Automobile Liability
(a) At all times during the performance of the work under this Agreement, the Designer shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(b) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(c) The policy shall give City, the City Council and each member of the City Council, its officers, employees, agents and City designated volunteers additional insured status.
(d) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.

3.15.5 Workers’ Compensation/Employer’s Liability
(a) Designer certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(b) To the extent Designer has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Designer shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the Sta te of California and any acts amendatory thereof, and Employer’s Liability Coverage in amo unts indicated herein.

Designer shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type a nd limits as specified in this Section.

3.15.6 Professional Liability (Errors and Omissions)

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17 (a) At all times during the performance of the work under this Agreement the Designer shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractua l liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Designer. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.

3.15.7 Privacy/Network Security (Cyber
(a) At all times during the performance of work under this Agreement, the Designer shall maintain privacy/network security insurance, in a form and with insurance companies acceptable to the City, for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code.

3.15.8 Aviation and/or Drone Liability
(a) If applicable, at all times during the performance of the work under this Agreement, the Designer shall maintain Aviation and/or Drone Liability insurance for bodily injury and property damage, in a form and with insurance companies acceptable to the City.

3.15.9 Minimum Policy Limits Required
(a) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/ $4,000,000 aggregate for bodily injury, personal injury, and property
damage

Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and aggregate Aviation/Drone Liability $1,000,000 per occurrence limit (b) Defense costs shall be payable in addition to the limits. (c) Requirements of specific coverage or limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.

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18 3.15.10 Evidence Required
(a) Prior to execution of the Agreement, the Designer shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.

3.15.11 Policy Provisions Required
(a) Designer shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Designer shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non - payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Designer shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(b) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Designer’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(c) The retroactive date (if any) of each policy is to be no later than the Effective D ate of this Agreement. Designer shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Designer shall purchase a one (1) year extended reporting period A) if the retroac tive date is advanced past the Effective Date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims -made policy with a retr oactive date subsequent to the Effective Date of this Agreement.
(d) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Designer or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Designer hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (e) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Designer from liability in excess of such coverage, nor shall it limit the Designer’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.

3.15.12 Qualifying Insurers

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19 (a) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.15.13 Additional Insurance Provisions
(a) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Designer, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Designer pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(b) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Designer or City will withhold amounts sufficient to pay premium from Designer payments. In the alternative, City may cancel this Agreement.
(c) The City may require the Designer to provide complete copies of all insurance policies in effect for the duration of the Project. (d) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.

3.15.14 Subconsultant Insurance Requirements
(a) Designer shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Designer, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

3.16 Records.

Designer shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Designer shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Designer shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of five ( 5) years from the date of final payment under this Agreement.

3.17 Standardized Manufactured Items.

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20 Designer shall cooperate and consult with City in the use and selection of manufactured items on the Project, including but not limited to, paint, hardware, plumbing, mechanical and electrical equipment, fixtures, roofing materials and floor coverings. All such manufactured items shall be standardized to City’s criteria to the extent such criteria do not interfere with building design.

3.18 Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described herein. Any additional or subsequent construction at the site of the Project, or at any other City site, will be covered by, and be the subject of, a separate Agreement for design services between City and the designer chosen therefor by City.

3.19 Mediation.

Disputes arising from this Agreement may be submitted to mediation if mutually agreeable to the parties hereto. The type and process of mediation to be utilized shall be subject to the mutual agreement of the parties.

3.20 Successors and Assigns.

This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Designer shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

3.21 Asbestos Certification.

Designer shall certify to City, in writing and under penalty of perjury, that to the best of its knowledge, information and belief no asbestos -containing material or other material deemed to be hazardous by the state or federal government was specified as a buildi ng material in any construction document that the Designer prepares for the Project. Designer shall require all consultants who prepare any other documents for the Project to submit the same written certification. Designer shall also assist the C ity in ensuring that contractors provide City with certification, in writing and under penalty of perjury, that to the best of their knowledge, information and belief no material furnished, installed or incorporated into the Project contains asbestos or any other material deemed to be hazardous by the state or federal government. These certifications shall be part of the final Project submittal. Designer shall include statements in its specifications that materials containing asbestos or any other materia l deemed to be hazardous by the state or federal government are not to be included.

3.22 No Third Party Rights.

This Agreement shall not create any rights in, or inure to the benefits of, any third party except as expressly provided herein.

3.23 Governing Law.

This Agreement shall be construed in accordance with, and governed by, the laws of the State of California. Venue shall be in San Bernardino County.

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21 3.24 Exhibits and Recitals.

All exhibits and recitals contained herein and attached hereto are material parts of this Agreement and are incorporated as if fully set forth.

3.25 Severability.

Should any provision in the Agreement be held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect.

3.26 Non-Waiver.

None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

3.27 Safety.

Designer shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Designer shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of its employees, consultant and subcontractors appropriate to the nature of the work and the conditions under which the work is to be performed.

3.28 Harassment Policy.

Designer shall provide a copy of the City's Harassment Policy to each of its employees assigned to perform the tasks under this Agreement. Designer shall submit to the City's Personnel Manager a statement signed by each of its employees who are assigned to perform the Services under this Agreement certifying receipt of City's Harassment Policy and certifying that they have read the Harassment Policy. A finding by the City that any of Designer's employees has harassed a City employee shall be grounds for appropria te discipline, up to and including such employee's removal from performance of this Agreement at City's request.

3.29 Delivery of Notices.

All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

CITY:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, California 92401
Attn: City Manager

With a Copy to:

DESIGNER:

Willdan Engineering
650 E. Hospitality Ln, #400, San
Bernardino, CA 92408
Primary Contact: Tyrone Peter, PE
Phone: (909) 386-0200
Email: [email protected]

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22 City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney

Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.30 Time of Essence.

Time is of the essence for each and every provision of this Agreement.

3.31 City’s Right to Employ Other Consultants.

City reserves right to employ other consultants, including designers, in connection with this Project or other projects.

3.32 Prohibited Interests.

3.32.1 Solicitation. Designer maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Designer, to solicit or secure this Agreement. Further, Designer warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Designer, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violati on of this warranty, City shall have the right to rescind this Agreement without liability.

3.32.2 Conflict of Interest . For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.33 Equal Opportunity Employment.

Designer represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or any other classification protected by federal or state law.

Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Designer shall also comply wit h all relevant provisions of City’s minority business enterprise program, affirmative action plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.34 Labor Certification.

By its signature hereunder, Designer certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that

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23 Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.35 Subcontracting.

As specified in this Agreement, Designer shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to each and every provision of this Agreement.

3.36 Supplemental Conditions.

Any supplemental conditions shall be attached as an exhibit to this Agreement, and that exhibit shall be incorporated herein by reference.

3.37 Electronic Signature.

Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.

3.38 Entire Agreement.

This Agreement, with its exhibits, contains the entire agreement of the parties hereto, and supersedes any and all other prior or contemporaneous negotiations, understandings and oral or written agreements between the parties hereto. Each party acknowledge s that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. Furthermore, any modification of this Agreement shall only be effective if in writing signed by all parties hereto.

3.39 Federal Provisions.

When funding for the Services is provided, in whole or in part, by an agency of the federal government, Contractor shall also fully and adequately comply with the p rovisions included in Exhibit “D” attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control. [SIGNATURES ON FOLLOWING PAGE]

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24 SIGNATURE PAGE FOR DESIGN SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND IDS Group, Inc.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.

CITY OF SAN BERNARDINO
APPROVED BY:

Eric Levitt
City Manager

ATTESTED BY:

Telicia Lopez
City Clerk

APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

DESIGNER
Willdan Engineering
APPROVED BY:

Tyrone Peter, PE
Director of Engineering, Principal -in-
Charge

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Exhibit A-1

EXHIBIT A
DESIGNER’S SCOPE OF SERVICES

1. GENERAL REQUIREMENTS.

1.1 Basic Services. Designer agrees to perform all the necessary professional design, engineering (e.g. mechanical, electrical, plumbing, structural, site engineering, and any other necessary engineering services mutually agreeable to the parties) and construction administration services for the Project in a timely and professional manner, consistent with the standards of the profession, including those provided for herein.

1.2 Exclusions from Basic Services. N/A

1.3 Additional Services. Designer shall perform the following Additional Services for the Project: N/A

1.4 Communication with City. Designer shall participate in consultations and conferences with authorized representatives of City and/or other local, regional, or state agencies concerned with the Project, which may be necessary for the completion of the Project or the development of the drawi ngs, specifications and documents in accordance with the applicable standards and requirements of law and the City. Such consultations and conferences shall continue throughout the planning and construction of the Project and the contractor’s warranty period. Designer shall take direction only from the City’s Representative, or any other representative specifically designated by the City for this Project, including any construction manager hired by the City.

1.5 Coordination and Cooperation with Construction Manager. The City may hire a construction manager to administer and coordinate all or any part of the Project on its behalf. If the City does so, it shall provide a copy of its agreement with the construction manager so that the Designer will be fully aware of the duties and responsibilities of the construction manager.

The Designer shall cooperate with the construction manager and respond to any requests or directives authorized by the City to be made or given by the construction manager. The Designer shall request clarification from the City in writing if the Designer should have any questions regarding the authority of the construction manager.

2. INITIAL PLANNING PHASE.

During the initial planning phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

2.1 Project Feasibility. Provide advice and assistance to City in determining the feasibility of the Project, analysis of the type and quality of materials and construction to be selected, the site location, and other initial planning matters.

2.2 Meeting Budget and Project Goals. Designer shall notify City in writing of potential complications, cost overruns, unusual conditions, and general needs that potentially impact the Project budget and time line, including the City’s Preliminary Construction Budget.

Designer shall use its best judgment in determining the balance between the size, type and quality of construction to achieve a satisfactory solution within the Project’s budget and construction

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Exhibit A-2

allowance. It shall be the duty of the Designer to design the Project within budget. As discussed herein, including in Section 7.3, if the lowest responsive and responsible bid for the Project exceeds the budget by the stated amount, Designer may be required to make the necessary changes in the drawing and specifications, at its sole cost and expense, to bring the bids within the required budget.

2.3 Permits, Approvals and Authorizations. As indicated in Section 3.5.4 of the Agreement, Designer shall assist City in securing easements, encroachment permits, rights of way, dedications, infrastructures and road improvements, as well as coordinating with utilities and adjacent property owners.

3. SCHEMATIC PLAN PHASE.

During the schematic plan phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

3.1 Funding Documents. Designer shall provide a site plan and all other Project - related information necessary and required for an application by City to any federal, state, regional, or local agencies for funds to finance the construction Project.

3.2 Schematic Plans. In cooperation with City, Designer shall prepare preliminary plans and studies, schematic drawings, site utilization plans, and phasing plans showing the scale and relationship of the components of the Project, the plot plan development at the site, and the proposed design concept of the buildings (“Schematic Plans”). Designer shall incorporate the functional requirements of City into the Schematic Plans. The Schematic Plans shall meet all laws, rules and regulations of the State of California. The Schematic Plans shall show all rooms incorporated in each building of the Project in single-line drawings, and shall include all revisions required by City or by any federal, state, regional or local agency having jurisdiction over the Project. All design drawings for the Project shall be in a form suitable for reproduction.

3.3 Preliminary Project Budget. Designer shall use the City’s Preliminary Construction Budget and its own expertise and experience with the Project to establish a preliminary project budget or allowance in a format required by City (“ Designer’s Preliminary Project Budget”). The purpose of the Designer’s Preliminary Project Budget is to show the probable Project cost in relation to City’s Preliminary Construction Budget and the construction standards of any applicable funding agency. If Designer perceives site considerations which render the Project expensive or cost prohibitive, Designer shall disclose such conditions in writing to City immediately. As discussed herein, including in Section 7.3, if the lowest responsive and responsible bid for the Project exceeds the budget by more than the stated amount, Designer may be required to make the necessary changes in the drawings and specifications, at its sole cost and expense, to bring the bids within the required budget Designer shall provide a preliminary written time schedule for the performance of all construction work on the Project.

3.4 Copies of Schematic Plans and Other Documents. Designer, at its own expense, shall provide a complete set of the Schematic Plans described herein for City’s review and approval. Additionally, at City’s expense, Designer shall provide such documents as may be required by any federal, state, regional or local agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City.

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Exhibit A-3

4. DESIGN DEVELOPMENT PHASE.

During the design development phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

4.1 Design Development Documents. Once City provides Designer with specific written approval of the Schematic Plans described herein, Designer shall prepare design development documents consisting of: (1) site and floor plans; (2) elevations; and (3) any other drawings and documents sufficient to fix and describe the types and makeup of materials, as well as the size and character of the Project ’s structural, mechanical and electrical systems, and to outline the Project specifications (“Design Development Documents”). The Design Development Documents shall be prepared in sufficient form to present to the City Council for approval.

4.2 Copies of Design Development and Other Documents. Designer, at its own expense, shall provide a complete set of the Design Development Documents described herein for City’s review and approval. Additionally, at City’s expense, Designer shall provide such documents as may be required by any federal, state, regional or local agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City.

4.3 Updated Project Budget. Designer shall use its Preliminary Project Budget and expertise and experience with the Project to establish an updated estimate of probable construction costs, containing detail consistent with the Design Development Documents as set forth herein and containing a breakdown based on types of materials and specifications identified herein (“Designer’s Updated Project Budget”).

4.4 Timetable. Designer shall provide a written timetable for full and adequate completion of the Project to City.

4.5 Application for Approvals. Designer shall assist City in applying for and obtaining required approvals from all federal, state, regional or local agencies concerned with the Project. Designer shall furnish and process all design and engineering information required to prepare and process applications to applicable utilities in order to secure priorities and materials, to aid in the construction of the Project and to obtain final Project approval and acceptance by any of the above agencies as may be required.

4.6 Color and Other Aesthetic Issues. Designer shall provide, for City’s review and approval, a preliminary schedule of all color materials and selections of textures, finishes and other matters involving an aesthetic decision about the Project.

5. FINAL WORKING DRAWINGS AND SPECIFICATIONS.

During the final working drawings and specifications phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

5.1 Final Working Drawings and Specifications. Once City provides Designer with specific written approval of the Design Development Documents described herein, Designer shall prepare such complete working drawings and specifications as are necessary for developing complete bids and for properly executing the Project work in an efficient and thorough manner (“Final Working Drawings and Specifications”). Such Final Working Drawings and Specifications shall be developed from the Schematic Plans and Design Development Documents approved by City. The Final Working Drawings and Specifications shall set forth in detail all of the following:

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Exhibit A-4

(1) the Project construction work to be done; (2) the materials, workmanship, finishes, and equipment required for the architectural, structural, mechanical, and electrical systems; and (3) the utility service connection equipment and site work. As indica ted in Section 3.9.2 of the Agreement, City may be requested to supply Designer with the necessary information to determine the proper location of all improvements on and off site, including record drawings (“as- built drawings”) in City’s possession. Designer will make a good-faith effort to verify the accuracy of such information by means of a thorough interior and exterior visual survey of site conditions.

City shall also make a good-faith effort to verify the accuracy of the as-built drawings and provide any supplemental information to Designer which may not be shown on the as-built drawings.

5.2 Form. The Final Working Drawings and Specifications must be in such form as will enable Designer and City to secure the required permits and approvals from all federal, state, regional or local agencies concerned with the Project. In addition, the Final Working Drawings and Specifications must be in such form as will enable City to obtain, by compet itive bidding, a responsible and responsive bid within the applicable budgetary limitations and cost standards.

The Final Working Drawings and Specifications shall be clear and legible so that uniform copies may be on standard architectural size paper, properly indexed and numbered, and shall be capable of being clearly copied and assembled in a professional manner by Designer.

5.3 Approval and Revisions. City shall review, study, and check the Final Working Drawings and Specifications presented to it by Designer, and request any necessary revisions or obtain any necessary approvals by the City Council, subject to the approval of all federal, state, regional or local agencies concerned with the Project. Designer shall make all City -requested changes, additions, deletions, and corrections in the Final Working Drawings and Specifications at no additional cost, so long as they are not in conflict with the requirements of public agencies having jurisdiction or prior approval, or inconsistent with earlier City direction or Designer’s professional judgment. Designer shall bring any such conflicts and/or inconsistencies to the attention of City. The parties agree that Designer, and not the City, possesses the requisite expertise to determine the constructability of the Final Working Drawings and Specifications.

However, the City reserves the right to conduct one or more constructability r eview processes with the Final Working Drawings and Specifications, and to hire an independent designer or other consultant to perform such reviews. Any such independent constructability review shall be at City’s expense. Designer shall make all City -requested changes, additions, deletions, and corrections in the Final Working Drawings and Specifications which may result from any constructability review, at no additional cost to the City, so long as they are not in conflict with the requirements of public agencies having jurisdiction or prior approval, or inconsistent with earlier City direction or Designer’s professional judgment. If such changes, additions, deletions or corrections are inconsistent with prior City direction, Designer shall make such alterations and be compensated therefore pursuant to the Additional Services provision of this Agreement.

5.4 Costs of Construction. It is understood by Designer that should the Final Working Drawings and Specifications be ordered by City, City shall specify the sum of money set aside to cover the total cost of construction of the work, exclusive of Designer’s fees. Should it become evident that the total construction cost will exceed the specified sum, Designer shall at once present a statement in writing to the City’s Representative setting forth this fact and giving a full statement of the cost estimates on which the conclusion is based.

5.5 Copies of Final Working Drawings and Specifications and Other Documents.

Designer, at its own expense, shall provide a complete set of the Final Working Drawings and Specifications described herein for City’s review and approval. Additionally, at City’s expense, Designer shall provide such documents as may be required by any federal, state, regional or local

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Exhibit A-5

agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City.

6. CONSTRUCTION CONTRACT DOCUMENTS.

During the construction contract documents phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

6.1 Bid and Contract Documents. If so required by City, Designer shall assist City in the completion of all bid and construction documents, including but not limited to, the Notice Inviting Bids, Instructions to Bidders, Contract Bid Forms (including Alternate Bids as requested by City), Contract, General Conditions, S upplementary General Conditions, Special Conditions, DVBE and other applicable affirmative action documents, Performance Bond, Payment Bond, Escrow Agreement for Security Deposits, and any other certifications and documents required by federal, state and local laws, rules and regulations which may be reasonably required in order to obtain bids responsive to the specifications and drawings. All such documents shall be subject to the approval of City and City’s legal counsel.

6.2 Final Estimate. At the time of delivery of these bid and construction documents, which shall include the Final Working Drawings and Specifications (collectively referred to herein as the “Construction Documents”), Designer shall provide City with its final estimate of probable construction cost (“Designer’s Final Estimate”). As discussed herein, including in Section 7.3, it shall be the Designer’s duty to design the Project within budget.

7. BID PHASE.

During the bid phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

7.1 Reproducible Construction Documents. Once City provides Designer with specific written approval of the Construction Documents and Designer’s Final Estimate, Designer shall provide to City one set of reproducible Construction Documents.

7.2 Distribution of Contract Documents and Review of Bids. Designer shall assist City in distributing the Construction Documents to bidders and conducting the opening and review of bids for the Project.

7.3 Over Budget. If the apparent lowest responsive and responsible bid on the Project exceeds the Designer’s Final Estimate by more than five percent (5%), City may request Designer to amend, at Designer’s sole cost and expense, the Final Drawings and Specifications in order to rebid the Project and receive a lowest responsive and responsible bid equal to or less than the Designer’s Final Estimate. All revisions necessary to bring the lowest responsible and responsive bid within the Designer’s Final Estimate, including any omissions, deferrals or alternates, shall be made in consultation with, and subject to the approval of, the City.

8. CONSTRUCTION PHASE.

During the construction phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

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Exhibit A-6

8.1 Observation. The Project Designer shall observe work executed from the Final Working Drawings and Specifications in person, provided that City may, in its discretion, consent to such observation by another competent representative of Designer.

8.2 General Administration. Designer shall provide general administration of the Construction Documents and the work performed by the contractors.

8.3 Pre-Construction Meeting. Designer shall conduct one or more pre-construction meetings, as the City determines is needed for the Project, with all interested parties.

8.4 Site Visits of Contractor’s Work. Designer shall conduct site visits to observe each contractors’ work for general conformance with the Construction Documents and with any approved construction schedules or milestones. Such site visits shall be conducted as often as are necessary and appropriate to the stage of construction, according to the City’s sole discretion, but in no event less than weekly.

8.5 Site Visits of Inspector’s Work. Designer shall conduct site visits to communicate and observe the activities of the City inspectors. Such site visits shall be conducted as often as is mutually acceptable to Designer and City. Designer shall direct the City inspectors and the Project contractors to coordinate the preparation of record drawings indicating dimensions and location of all “as-built” conditions, including but not limited to, underground utility lines.

8.6 Coordination of Designer’s Consultants. Designer shall cause all architects, engineers and other consultants, as may be hired by Designer or City, to observe the work completed under their disciplines as required, and approve and review all test results for general conformance with the Construction Documents.

8.7 Reports. Designer shall make regular reports as may be required by applicable federal, state or local laws, rules or regulations, as well as the federal, state, regional or local agencies concerned with the Project.

8.8 Construction Meetings; Minutes. Designer shall attend all construction meetings and provide written reports/minutes to the City after each construction meeting in order to keep City informed of the progress of the work. Such meetings shall occur at a frequency necessary for the progress of the Project work, according to the City’s sole discretion, but no less than weekly.

8.9 Written Reports. Designer shall make written reports to City as necessary to inform City of problems arising during construction, changes contemplated as a result of each such problems, and progress of the Project work.

8.10 Written Records. Designer shall keep accurate written records of the progress and quality of the Project work and the time schedules, and shall advise the contractors and City of any deviations from the time schedule which could delay timely completion of the Project.

8.11 Material and Test Reports. Designer shall check and process, in a timely manner, all required material and test reports for the Project work. In addition, Designer shall provide notice of any deficiencies in material or work reflected in such reports, as well as its recommendation for correction of such deficiencies, to the contractors and City.

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Exhibit A-7

8.12 Review and Response to Submissions. Designer shall review and respond, in a timely manner, to all schedules, submittals, shop drawings, samples, information requests, change requests, and other submissions of the contractor and subcontractors for compliance with, or alterations and additions to, the Construction Documents. Designer’s review and response shall be done in such a manner so as to ensure the timely and uninterrupted progress of the Project work.

8.13 Rejection of Work. Designer shall promptly reject, as discussed with City, work or materials which do not conform to the Construction Documents. Designer shall immediately notify the City and contractor(s) of such rejections. Designer shall also have the authority to recommend to the City that additional inspection or testing of the work be performed, whether or not such work is fabricated, installed or completed.

8.14 Substitutions. Designer shall consult with City, in a timely manner, with regard to substitution of materials, equipment and laboratory reports thereof, prior to the City’s final written approval of such substitutions. Designer’s consultation shall be done in such a manner so as to ensure the timely and uninterrupted progress of the Project work.

8.15 Revised Documents and Drawings. Designer shall prepare, at no additional expense to City, all documents and/or drawings made necessary by errors and omissions in the originally approved Construction Documents.

8.16 Change Requests and Material Changes. Designer shall evaluate and advise City, in a timely manner and in writing, of any change requests and material change(s) which may be requested or necessary in the Project plans and specifications. Designer shall provide the City with its opinion as to whether such change requests should be approved, denied or revised.

If the City has not hired a construction manager or other person to do so, the Designer shall prepare and execute all change orders and submit them t o the City for authorization. If the City has designated a construction manager or other person to prepare all change orders, the Designer shall review all change orders prepared by such person, execute them and deliver them to the City for authorization if they meet with the Designer’s approval, or submit them to the City with recommendations for revision or denial if necessary. Designer shall not order contractors to make any changes affecting the contract price without approval by City of such a written change order, pursuant to the terms of the Construction Documents. Designer may order, on its own responsibility and pending City Counc il approval, changes necessary to meet construction emergencies, if written approval of City’s Representative is first secured.

8.17 Applications for Payment. Designer shall examine, verify and approve contractor’s applications for payment, and shall issue certificates for payment in amounts approved by the City’s inspector.

8.18 Final Color and Product Selection. Designer shall coordinate final color and product selection with City’s original design concept.

8.19 Substantial Completion. Designer shall determine the date of substantial completion, in consultation with the City.

8.20 Punch List. After determining that the Project is substantially complete, Designer shall participate in the inspection of the Project and shall review all remaining deficiencies and minor items needed to be corrected or completed on the Project, including those identified on the punch list prepared by the contractor (“Punch List Items”) . Designer shall notify contractor in

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Exhibit A-8

writing that all Punch List Items must be corrected prior to final acceptance of the Project and final payment. Designer shall also notify City of all Punch List Items.

8.21 Warranties. Designer shall review materials assembled by the contractor and subcontractors with regard to all written warranties, guarantees, owners’ manuals, instruction books, diagrams, record “as built” drawings, and any other materials required from the contractors and su bcontractors pursuant to the Construction Documents. Designer shall coordinate and provide these materials to the City.

8.22 Certificate of Completion. Designer shall participate in any further inspections of the Project necessary to issue Designer’s Certificate of Completion and final certificate for payment.

8.23 Documents for Project Close -Out. Designer shall cause all other architects, engineers and other consultants, as may be hired by Designer, to file any and all required documentation with the City or other governmental authorities necessary to close out the Project.

Designer shall assist the City in obtaining such documentation from all other architects, engineers, or other consultants.

9. AS-BUILT DRAWINGS.

During the as-built drawings phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

9.1 As-Built Drawings and Specifications. Not later than thirty (30) days after substantial completion of the Project, before receipt of final payment, Designer shall review and forward the Final Working Drawings and Specifications, indicating on them all changes made by change orders or otherwise pursuant to the Construction Documents, as well as all information called for on the specifications, thus producing a n “as-built” set of Final Working Drawings and Specifications (“As-Built Drawings and Specifications”). The As-Built Drawings and Specifications shall show, among other things, the location of all concealed pipe, buried conduit runs and other similar elements within the completed Project. Designer shall personally review and certify that the As-Built Drawings and Specifications are a correct representation of the information supplied to Designer by any inspectors and the contractor, and shall obtain certifications from any inspectors and the contractor that the drawings are correct.

9.2 Approval. Once City provides Designer with specific written approval of the As - Built Drawings and Specifications, Designer shall forward to City the complete set of original As- Built Drawings and Specifications or a complete set of reproducible duplicate As -Built Drawings and Specifications. The tracing shall be of such quality that clear and legible prints may be made without appreciable and objectionable loss of detail.

9.3 Documents for Final Payment. Prior to the receipt of Designer’s final payment, Designer shall forward to City all of the following: (1) one clear and legible set of reproductions of the computations; (2) the original copy of the specifications; (3) the As -Built Drawings and Specifications as required herein; and (4) Designer’s Certificate of Completion.

10. WARRANTY PERIOD.

During the warranty period phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

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Exhibit A-9

10.1 Advice. Designer shall provide advice to City on apparent deficiencies in the Project during any applicable warranty periods for the Project.

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EXHIBIT B

FEE AND PHASING/FUNDING SCHEDULES

1. FEE SCHEDULE.

Designer will invoice City on a monthly cycle based on the following fee schedule.

Designer will include with each invoice a detailed progress report that indicates the amount of budget spent on each phase and the total amount spent against the Total Comp ensation.

Designer will inform City regarding any out-of-scope work being performed by Designer for which Designer intends to seek compensation from City.

2. PHASING/FUNDING SCHEDULE.

Progress payments towards Total Compensation shall never exceed the following breakdown of Total Compensation as of the phase indicated:

Task I – Project Management .................................................... $21,597.50 Task II – Preliminary Investigation / Site Assessment ............. $65,596.00 Task III – Preliminary Design .................................................... $20,422.00 Task IV – Environmental Documentation ................................ $6,210.00 Task V – Public Outreach .......................................................... $6,372.00 Task VI – Design Development ................................................ $106,363.00 Task VII – Final Engineering ..................................................... $42,682.00 Total Compensation ............................................................. $269,242.50

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EXHIBIT C

COMPENSATION RATES AND REIMBURSABLE EXPENSES

1. HOURLY COMPENSATION RATES.

The following hourly rates shall apply for all work performed under this Agreement, including any authorized additional services:

2. HOURLY RATE SCHEDULE
DEPUTY DIRECTOR / PROJECT MANAGER — $238.00 PER HOUR
PROJECT MANAGER IV – TRAFFIC LEAD — $253.00 PER HOUR
SUPERVISING ENGINEER – CIVIL DESIGN LEAD — $226.00 PER HOUR ASSISTANT ENGINEER IV — $180.00 PER HOUR
ASSISTANT ENGINEER III — $169.00 PER HOUR
ASSISTANT ENGINEER II — $160.00 PER HOUR
ASSISTANT ENGINEER I — $146.00 PER HOUR
UTILITY COORDINATOR — $172.00 PER HOUR
FEDERAL COMPLIANCE SPECIALIST — $220.00 PER HOUR
PRINCIPAL PROJECT MANAGER – SURVEY — $247.00 PER HOUR
SENIOR SURVEY ANALYST — $187.00 PER HOUR

3. REIMBURSABLE EXPENSES.

Reimbursable expenses shall be as defined and governed by Section 3.10.3 of the Design Services Agreement (DSA).

4. ADDITIONAL SERVICES.

Additional Services shall be billed at the actual hourly rates listed above and shall be performed only upon prior written authorization by the City’s Project Manager.

5. ADDITIONAL CONSULTANTS.

If the City requests the Designer to hire subconsultants to perform any Additional Services, Designer shall be compensated at the actual cost of such services plus ten percent (10%) for administrative and coordination expenses.

The City reserves the right to review and approve all consultant rates prior to authorization.

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EXHIBIT D

FEDERAL REQUIREMENTS

The following Federal -Aid contract provisions required by the California Department of Transportation (Caltrans) Local Assistance Procedures Manual (LAPM) are incorporated into this Agreement and made part hereof.

These provisions are attached hereto as Exhibit D – Federal Requirements (LAPM Exhibit 12-G, October 2025 edition) and shall apply to all work performed under this Agreement

[FOLLOWING PAGE]

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Exhibit 12-G
Required Federal-Aid Contract Language
Local Assistance Procedures Manual

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EXHIBIT 12-G: REQUIRED FEDERAL-AID CONTRACT LANGUAGE
(For Local Assistance Construction Projects)
The following language must be incorporated into all Local Assistance Federal -aid construction contracts.

The following language, with minor edits, was taken from the Code of Federal Regulations.

MAINTAIN RECORDS AND SUBMIT REPORTS DOCUMENTING YOUR PERFORMANCE UNDER THIS

SECTION

1. DISADVANTAGED BUSINESS ENTERPRISES (DBE) ..................................................................................... 2 A. Nondiscrimination Statement............................................................................................................... 3 B. Contract Assurance............................................................................................................................... 3 C. Prompt Progress Payment.................................................................................................................... 3 D. Prompt Payment of Withheld Funds to Subcontractors ................................................................... 3 E. Termination and Replacement of DBE Subcontractors..................................................................... 4 F. Commitment and Utilization ................................................................................................................. 6 G. Running Tally of Attainments............................................................................................................... 7 H. Commercially Useful Function ............................................................................................................. 7 I. Use of Joint Checks.............................................................................................................................. 8

2. BID OPENING ...................................................................................................................................................... 9

3. BID RIGGING ....................................................................................................................................................... 9

4. CONTRACT AWARD ........................................................................................................................................... 9

5. CONTRACTOR LICENSE.................................................................................................................................... 9

6. CHANGED CONDITIONS .................................................................................................................................... 9 A. Differing Site Conditions....................................................................................................................... 9 B. Suspensions of Work Ordered by the Engineer................................................................................. 9 C. Significant Changes in the Character of Work .................................................................................10

7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES ........................................10

8. BUY AMERICA................................................................................................................................................... 10

9. QUALITY ASSURANCE ....................................................................................................................................13

10. PROMPT PAYMENT ..........................................................................................................................................13

11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS ..........................13

12. FEMALE AND MINORITY GOALS....................................................................................................................14

13. TITLE VI ASSURANCES....................................................................................................................................15

14. FEDERAL TRAINEE PROGRAM ......................................................................................................................20

15. PROHIBITION OF CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT AND SERVICES ..........................................................................................................................................................21

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1. DISADVANTAGED BUSINESS ENTERPRISES (DBE)
The contractor, subrecipient or subcontractor shall take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, the Agency shows a contract goal for DBEs. The prime contractor shall make work available to DBEs and select work parts consistent with available DBE subcontractors and suppliers.

The prime contractor shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate Good Faith Efforts (GFE) to meet this goal. An adequate GFE means that the bidder must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal.

If the DBE goal is not met, the contractor needs to complete and submit the DBE GFE documentation as described in Local Assistance Procedures Manual (LAPM) Chapter 9, Section 9.8 within 5 (five) days of bid opening.

It is the prime contractor’s responsibility to verify that the DBE firm is certified as a DBE on the date of bid opening by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes and Work Code applicable to the type of work the firm will perform on the contract. Additionally, the prime contractor is responsible to document this verification by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at: https://dot.ca.gov/programs/civil-rights/dbe-search.

DBE participation will only count toward the California Department of Transportation’s federally mandated statewide overall DBE goal if the DBE performs a commercially useful function under 49 CFR 26.55.

Credit for materials or supplies the prime contractor purchases from DBEs counts towards the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. • 60 percent counts if the materials or supplies are obtained from a DBE regular dealer. • Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer."
The prime contractor receives credit towards the goal if they employ a DBE trucking company that performs a commercially useful function as defined in 49 CFR 26.55(d) as follows:
• The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract, and there cannot be a contrived arrangement for the purpose of meeting DBE goals.
• The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract.
• The DBE receives credit for the total value of the transportation services it provides on the Contract using trucks it owns, insures, and operates using drivers it employs. • The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Contract. • The DBE may also lease trucks from a non-DBE firm, including from an owner-operator. The DBE that leases trucks equipped with drivers from a non-DBE is entitled to credit for the total value of transportation services provided by non-DBE leased trucks equipped with drivers not to exceed the value of transportation services on the contract provided by DBE-owned trucks or leased trucks with DBE employee drivers. Additional participation by non-DBE owned trucks equipped with drivers receives credit only for the fee or commission it receives as a result of the lease arrangement. • The DBE may lease trucks without drivers from a non-DBE truck leasing company. If the DBE leases trucks from a non-DBE truck leasing company and uses its own employees as drivers, it is entitled to credit for the total value of these hauling services.

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• A lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE.

A. Nondiscrimination Statement
The contractor, subrecipient or subcontractor will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the Local Agency components of the DBE Program Plan, the contractor, subrecipient or subcontractor will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.

B. Contract Assurance
Under 49 CFR 26.13(b): The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal -aid contracts. Failure by the contractor 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 the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non-responsible.

C. Prompt Progress Payment
In accordance with California Business and Professions Code section 7108.5, the prime contractor or subcontractor shall pay to any subcontractor, not later than seven days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed the contractor on account of the work performed by the subcontractors, to the extent of each subcontractor’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from the prime contractor or subcontractor to a subcontractor, the prime contractor or subcontractor may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subcontractor, of 2 percent of the amount due per month for every month that payment is not made.

In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non - DBE subcontractors.

D. Prompt Payment of Withheld Funds to Subcontractors
The Agency may hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the Agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The Agency shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by the prime contractor or subcontractor to a subcontractor. The Agency shall include either Method 1, Method 2, or Method 3 below and delete the other two.

Method 1: No retainage will be held by the Agency from progress payments due to the prime contractor.

Prime contractors and subcontractors are prohibited from holding retainage from subcontractors. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to the

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contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.

Method 2: No retainage will be held by the Agency from progress payments due to the prime contractor.

Any retainage kept by the prime contractor or by a subcontractor must be paid in full to the earning subcontractor within seven (7) days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval.

Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.

Method 3: The Agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the Agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within seven (7) days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the Agency. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating prime contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.

Any violation of these provisions of Prompt Progress Payment and Prompt Payment of Withheld Funds to Subcontractors shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor.

E. Termination and Replacement of DBE Subcontractors
The prime contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains the Agency’s written consent. The prime contractor shall not terminate or replace a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without prior written authorization from the Agency. Unless the Agency’s prior written consent is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 15-G Construction Contract DBE Commitment form, included in the Bid.

Termination of DBE Subcontractors
After a contract with a specified DBE goal has been executed, termination of a DBE may be allowed for the following, but not limited to, justifiable reasons with prior written authorization from the Agency:

1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.

2. The Local Agency stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the Local Agency’s bond requirements.

3. Work requires a contractor's license and listed DBE does not have a valid license under Contractors License Law, or is not properly registered with the California Department of Industrial Relations as a public works contractor.

4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to

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perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).

5. Listed DBE's work is unsatisfactory and not in compliance with the contract.

6. Listed DBE is ineligible to work on the project because of suspension or debarment.

7. Listed DBE becomes bankrupt or insolvent or exhibits credit unworthiness.

8. Listed DBE voluntarily withdraws with written notice from the Contract

9. Listed DBE is ineligible to receive credit for the type of work required.

10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.

11. The Agency determines other documented good cause.

To terminate a DBE or to terminate a portion of a DBE's work, the contractor must use the following procedures:

1. Send a written notice to the DBE of Contractor’s intent to use other forces or material sources and include one or more justifiable reasons listed above. Simultaneously send a copy of this written notice to the Agency. The written notice to the DBE must request they provide any response within five (5) business days to both the Contractor and the Agency by either acknowledging their agreement or documenting their reasoning as to why the use of other forces or sources of materials should not occur.

2. If the DBE does not respond within 5 business days, Contractor may move forward with the request as if the DBE had agreed to Contractor’s written notice.

3. Submit Contractor’s DBE termination request by written letter to the Agency and include:
• One or more above listed justifiable reasons along with supporting documentation. • Contractor’s written notice to the DBE regarding the request, including proof of transmission and tracking documentation of Contractor’s written notice
• The DBE's response to Contractor’s written notice, if received. If a written response was not provided, provide a statement to that effect.

The Agency shall respond in writing to Contractor’s DBE termination request within 5 business days.

Replacement of DBE Subcontractors
After receiving the Agency’s written authorization of DBE termination request, the Contractor must obtain the Agency’s written agreement for DBE replacement. The Contractor must find or demonstrate GFEs to find qualified DBE replacement firms to perform the work to the extent needed to meet the DBE commitment.

The following procedures shall be followed to request authorization to replace a DBE firm:

1. Submit a request to replace a DBE with other forces or material sources in writing to the Agency which must include:
a. Description of remaining uncommitted work items made available for replacement DBE solicitation and participation.
b. The proposed DBE replacement firm's business information, the work they have agreed to perform, and the following:
• Quote for bid item work and description of work to be performed • Proposed subcontract agreement and written confirmation of agreement to perform on the Contract
• Revised Subcontracting Request form
• Revised Exhibit 15-G: Construction Contract DBE Commitment

2. If Contractor has not identified a DBE replacement firm, submit documentation of the Contractor’s GFEs

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to use DBE replacement firms within 7 days of Agency's authorization to terminate the DBE. The Contractor may request the Agency's approval to extend this submittal period to a total of 14 days.

Submit documentation of actions taken to find a DBE replacement firm, such as:
• Search results of certified DBEs available to perform the original DBE work identified and/or other work the Contractor had intended to self-perform, to the extent needed to meet the DBE commitment
• Solicitations of DBEs for performance of work identified • Correspondence with interested DBEs that may have included contract details and requirements • Negotiation efforts with DBEs that reflect why an agreement was not reached • If a DBE's quote was rejected, provide Contractor’s reasoning for the rejection, such as why the DBE was unqualified for the work, or why the price quote was unreasonable or excessive • Copies of each DBE's and non-DBE's price quotes for work identified, as the Agency may contact the firms to verify solicitation efforts and determine if the DBE quotes are substantially higher • Additional documentation that supports the GFE
The Agency shall respond in writing to the Contractor’s DBE replacement request within five (5) business days.

The Contractor must submit a revised Subcontracting Request form if the replacement plan is authorized by the Agency.

F. Commitment and Utilization
The Agency’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.

The bidder shall complete and sign Exhibit 15-G: Construction Contract DBE Commitment included in the contract documents regardless of whether DBE participation is reported. The bidder shall provide written confirmation from each DBE that the DBE is participating in the Contract. LAPM Exhibit 9- I: DBE Confirmation or equivalent form and DBE’s quote must be submitted. The written confirmation must be submitted no later than 4pm on the 5th day after bid opening. If a DBE is participating as a joint venture partner, the bidder shall submit a copy of the joint venture agreement.

If the DBE Commitment form, Exhibit 15-G, is not submitted with the bid, it must be completed and submitted by all bidders to the Agency within five (5) days of bid opening. If the bidder does not submit the DBE Commitment form within the specified time, the Agency will find the bidder’s bid nonresponsive.

The prime contractor shall use each DBE subcontractor as listed on Exhibit 15-G: Construction Contract DBE Commitment unless they receive written authorization for a termination or replacement from the Agency .

The Agency shall request the prime contractor to:

1. Notify the Resident Engineer or Inspector of any changes to its anticipated DBE participation

2. Provide this notification before starting the affected work

3. Maintain records including:
• Name and business address of each 1st-tier subcontractor • Name and business address of each DBE subcontractor, DBE vendor, and DBEtrucking company, regardless of tier
• Date of payment and total amount paid to each DBE (see Exhibit 9-F: Monthly Disadvantaged Business Enterprise Payment)
If the prime contractor is a DBE contractor, they shall include the date of work performed by their own forces and the corresponding value of the work.

Before the 15th of each month, the prime contractor shall submit a Monthly DBE Trucking Verification (LA PM Exhibit 16-Z1) form.

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If a DBE is decertified before completing its work, the DBE must notify the prime contractor in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify the prime contractor in writing of the certification date. The prime contractor shall submit the notifications. Upon work completion, the prime contractor shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-O, form and submit the form within 30 days of contract acceptance.

Upon work completion, the prime contractor shall complete Exhibit 17-F: Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it within 90 days of contract acceptance. The Agency will withhold $10,000 until the form is submitted. The Agency releases the withhold upon submission of the completed form.

G. Running Tally of Attainments
For projects awarded on or after March 1, 2020, but before September 1, 2023:

After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant must complete and email the Exhibit 9- F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected]. gov with a copy to local administering agencies.

For projects that are awarded on or after September 1, 2023:

Exhibit 9-F is no longer required. Instead, by the 15th of the month following the month of any payment(s), the prime contractor must now submit Exhibit 9-P to the Local Agency administering the contract. If the Contractor does not make any payments to subcontractors, supplier(s) and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9- P.

H. Commercially Useful Function
DBEs must perform a commercially useful function (CUF) under 49 CFR 26.55 when performing work or supplying materials listed on the DBE Commitment form. The DBE value of work will only count toward the DBE commitment if the DBE performs a CUF. A DBE performs a CUF when it is responsible for execution of the work on the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. If a DBE does not perform or exercise responsibility for at least 30% of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that the DBE is not performing a CUF. Additionally, the DBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself.

The Contractor must perform CUF evaluation for each DBE company working on a federal -aid contract, with or without a DBE goal. Perform a CUF evaluation at the beginning of the DBE’s work, and continue to monitor the performance of CUF for the duration of the project.

The Contractor must provide written notification to the AGENCY at least 15 days in advance of each DBE's initial performance of work or supplying materials for the Contract. The notification must include the DBE's name, work the DBE will perform on the contract, and the location, date, and time of where their work will take place.

Within 10 (ten) days of a DBE initially performing work or supplying materials on the contract, the Contractor shall submit to the LPA the initial evaluation and validation of DBE performance of a CUF using the LAPM 9- J:

Disadvantaged Business Enterprise Commercially Useful Function Evaluation. Include the following information with the submittal:
• Subcontract agreement with the DBE
• Purchase orders
• Bills of lading
• Invoices
• Proof of payment

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The Contractor must monitor all DBE’s performance of CUF by conducting quarterly evaluations and validations throughout their duration of work on the contract using the LAPM 9-J: DBE Commercially Useful Function Evaluation. The Contractor must submit to the AGENCY these quarterly evaluations and validations by the 5 th of the month for the previous three (3) months of work.

The Contractor must notify the AGENCY immediately if the Contractor believes the DBE may not be performing a CUF.

The AGENCY will verify DBEs performance of CUF by reviewing the initial and quarterly submissions of LAPM 9-J: DBE Commercially Useful Function Evaluation, submitted supporting information, field observations, and through any additional AGENCY evaluations. The AGENCY must evaluate DBEs and their CUF performance throughout the duration of a Contract. The AGENCY will provide written notice to Contractor and DBE at least two (2) business days prior to any evaluation. The Contractor and DBE must participate in the evaluation. Upon completing the evaluation, the AGENCY must share the evaluation results with the Contractor and DBE. An evaluation could include items that must be remedied upon receipt. If the AGENCY determines the DBE is not performing a CUF the Contractor must suspend performance of the noncompliant work.

The Contractor and DBEs must submit any additional CUF related records and documents within five (5) business days of AGENCY’s request such as:
• Proof of ownership or lease and rental agreements for equipment • Tax records
• Employee rosters
• Certified payroll records
• Inventory rosters
Failure to submit required DBE Commercially Useful Function Evaluation forms or requested records and documents can result in withholding of payment for the value of work completed by the DBE.

If the Contractor and/or the AGENCY determine that a listed DBE is not performing a CUF in performance of their DBE committed work, immediately suspend performance of the noncompliant portion of the work. The AGENCY may deny payment for the noncompliant portion of the work. The AGENCY will ask the Contractor to submit a corrective action plan (CAP) to the AGENCY within five (5) days of the noncompliant CUF determination. The CAP must identify how the Contractor will correct the noncompliance findings for the remaining portion of the DBE's work. The AGENCY has five (5) days to review the CAP in conjunction with the prime contractor’s review. The Contractor must implement the CAP within five (5) days of the AGENCY's approval. The AGENCY will then authorize the prior noncompliant portion of work for the DBE's committed work.

If corrective actions cannot be accomplished to ensure the DBE performs a CUF on the Contract, then the Contractor may have good cause to request termination of the DBE.

I. Use of Joint Checks
A joint check may be used between the Contractor or lower-tier subcontractor and a DBE subcontractor purchasing materials from a material supplier if the contractor obtains prior approval from the LPA for the proposed use of joint check upon submittal of the LAPM 9-K: DLA Disadvantaged Business Enterprises (DBE) Joint Check Agreement Request form.

To use a joint check, the following conditions must be met:
• All parties, including the Contractor, must agree to the use of a joint check • Entity issuing the joint check acts solely to guarantee payment • DBE must release the check to the material supplier
• LPA must authorize the request before implementation
• Any party to the agreement must provide requested documentation within 10 days of the LPA's request for the documentation
• Agreement to use a joint check must be short-term, not to exceed 1 year, allowing sufficient time needed to establish or increase a credit line with the material supplier

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A request for a joint check agreement may be initiated by any party. If a joint check is used, the DBE remains responsible for all elements of 49 CFR 26.55(c)(1).

Failure to comply with the above requirements disqualifies DBE participation and results in no credit and no payment to the Contractor for DBE participation.

A joint check may not be used between the Contractor or subcontractor and a DBE regular dealer, bulk material supplier, manufacturer, wholesaler, broker, trucker, packager, manufacturer’s representative, or other persons who arrange or expedite transactions.

2. BID OPENING
The Agency publicly opens and reads bids at the time and place shown on the Notice to Contractors.

3. BID RIGGING
The U.S. Department of Transportation (DOT) provides a toll-free hotline to report bid rigging activities. Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline number is (800) 424- 9071. The service is available 24 hours 7 days a week and is confidential and anonymous. The hotline is part of the DOT's effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General.

4. CONTRACT AWARD
If the Agency awards the contract, the award is made to the lowest responsible and responsive bidder.

5. CONTRACTOR LICENSE
The Contractor must be properly licensed as a contractor from contract award through Contract acceptance (23 CFR 635.110).

6. CHANGED CONDITIONS
A. Differing Site Conditions

1. During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed.

2. Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted.

3. No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice.

4. No contract adjustment will be allowed under this clause for any effects caused on unchanged work. [This provision may be omitted by the Local Agency, at their option.] B. Suspensions of Work Ordered by the Engineer

1. If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment.

2. Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted.

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3. No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed.

4. No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract.

C. Significant Changes in the Character of Work

1. The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered.

2. If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair and equitable.

3. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract.

4. The term “significant change” shall be construed to apply only to the following circumstances:
• When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or
• When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed.

7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES The Contractor shall begin work within 15 calendar days after the issuance of the Notice to Proceed.

This work shall be diligently prosecuted to completion before the expiration of WORKING DAYS beginning on the fifteenth calendar day after the date shown on the Notice to Proceed.

The Contractor shall pay to the City/County the sum of $ per day, for each and every calendar days’ delay in finishing the work in excess of the number of working days prescribed above.

8. BUY AMERICA
[Include the Buy America provisions below when required by LAPM Chapter 12] Buy America Requirements apply to iron or steel, manufactured products, and construction materials permanently incorporated into the project.

Buy America requirements do not apply to the following:

1. Tools and construction equipment used in performing the work

2. Temporary work that is not incorporated into the finished project An article, materials, or supply to be permanently incorporated in the project should only be classified into one of the following categories:

1. Iron or steel products

2. Manufactured products

3. Construction materials

4. Excluded materials

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Excluded materials means cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives.

Iron or Steel Products
All iron or steel products permanently incorporated into the project must be melted and manufactured in the United States except:

1. Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic production of the steel and iron materials [60 Fed Reg 15478 (03/24/1995)];

2. If the total combined cost of the materials produced outside the United States does not exceed the greater of 0.1 percent of the total contract amount or $2,500, materials produced outside the United States may be used if authorized.

Iron or steel products are defined as articles, materials, or supplies that consist wholly or predominantly of iron or steel or a combination of both.

For a product to be considered to consist predominantly of iron or steel, or a combination of both means the cost of the iron or steel content of the product exceeds 50 percent of the total cost of all its components. The cost of iron or steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components.

Furnish iron or steel products to be incorporated into the work with certificates of compliance and certified mill test reports. Mill test reports must indicate where the iron or steel were melted and manufactured. All melting and manufacturing processes for these materials, including an application of a coating, must occur in the United States. Coating includes all processes that protect or enhance the value of the material to which the coating is applied.
[Delete the paragraph below if not applicable]
The following iron or steel products have received an approved Buy America waiver for this project and are therefore not subject to Buy America requirements:

1. ________________________

2. ________________________
Manufactured Products
All manufactured products permanently incorporated into the project must be manufactured in the United States.

Manufactured products are defined as articles, materials, or supplies that have been:

1. Processed into a specific form and shape; or

2. Combined with other articles, materials, or supplies to create a product with different properties than the individual articles, materials, or supplies.

Manufacturer, in the case of manufactured products, means the entity that performs the final manufacturing process by bringing individual elements together that produces a manufactured product.

If an item is classified as an iron or steel product, a construction material, or an excluded material, then it is not a manufactured product. However, an article, material, or supply classified as a manufactured product may include components that are iron or steel products, construction materials, or excluded materials.

Iron or steel used in precast concrete manufactured products or Intelligent Transportation Systems (ITS) must meet the requirements of Iron or Steel Products regardless of the amount used.

Iron and steel used in other manufactured products must meet the requirements of section Iron or Steel Products if the cost of steel and iron components is 50 percent or more of the total cost of the manufactured product.

Furnish manufactured products to be permanently incorporated into the work with certificates of compliance with each project delivery. The manufacturer's certificate of compliance must identify where the manufacturing occurred and attest specifically to Buy America compliance.

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[Delete the paragraph below if not applicable]
The following manufactured products have received an approved Buy America waiver for this project and are therefore not subject to Buy America requirements:

1. ________________________

2. ________________________
Construction Materials
Construction materials permanently incorporated into the project must be manufactured as defined in 2 CFR 184.6 in the United States.

Buy America requirements apply to the following construction materials that are or consist primarily of:

1. Non-ferrous metals

2. Plastic and polymer-based products such as:

2.1 Polyvinylchloride

2.2 Composite Building Materials

3. Glass

4. Fiber optic cable (including drop cable)

5. Optical fiber

6. Lumber

7. Engineered wood

8. Drywall
Minor additions of articles, materials, supplies, or binding agents to these construction materials do not change the categorization of the construction material.

Furnish construction materials to be incorporated into the work with certificates of compliance with each project delivery. The manufacturer’s certificate of compliance must identify where the construction material was manufactured and attest specifically to Buy America compliance. [Delete the paragraph below if not applicable]
The following construction materials have received an approved Buy America waiver for this project and are therefore not subject to Buy America requirements:

1. ________________________

2. ________________________
Buy America Waiver for De Minimis Cost for Manufactured Products and Construction Materials A De Minimis Cost Waiver can waive the application of FHWA’s Buy America requirements for manufactured products and construction materials under a single project when the total value of non- compliant manufactured products and construction materials is no more that the lesser of $1,000,000 or 5 percent of the total applicable material costs for the project.

The percent threshold is calculated based on the following formula:

X = NC / TA
where:

X = percent threshold
NC = total value of non-compliant manufactured products and construction material TA = total applicable project costs (iron or steel products, manufactured products, and construction materials; does not include excluded materials)
This threshold is based on the actual cost of the iron or steel products, manufactured products, and construction materials, not the anticipated cost of those materials. Compliant and non-compliant Agency Furnished Materials for the project must be accounted for in a De Minimis Cost Waiver Worksheet calculation, if provided by the Local Agency.

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Provide copies of invoices for the actual costs of materials including transportation to the project site.

In applying a De Minimum Cost Waiver, total cost of non-compliant construction materials and manufactured products does not include the cost of any products subject to a separate Buy America waiver.

If De Minimis Cost Waiver Worksheet calculation for materials subject to Buy America is not submitted, the Local Agency may:

1. Withhold from the next progress payment

2. Reject your request for a De Minimis Costs waiver for non-compliant construction materials or manufactured products

9. QUALITY ASSURANCE
The Local Agency uses a Quality Assurance Program (QAP) to ensure a material is produced to comply with the Contract. The Local Agency may examine the records and reports of tests the prime contractor performs if they are available at the job site. Schedule work to allow time for QAP.

10. PROMPT PAYMENT
A. FROM THE AGENCY TO THE CONTRACTORS
The Local Agency shall make all project progress payment within 30 days after receipt of an undisputed and properly submitted payment request from the Contractor on a construction contract. If the Local Agency fails to pay promptly, the Local Agency shall pay interest to the Contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and pro- rated as necessary. Upon receipt of the payment request, the Local Agency shall act in accordance with both of the following:

1. The Local Agency shall review each payment request as soon as feasible after receipt to verify it is a proper payment request.

2. The Local Agency must return any payment request deemed improper by the Local Agency to the Contractor as soon as feasible, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall include documentation setting forth in writing the reasons why it is an improper payment request.

B. SUBMITTAL OF EXHIBIT 9-P
For projects awarded on or after September 1, 2023:

The Contractor must submit Exhibit 9-P to the Local Agency administering the contract by the 15th of the month following the month of any payment(s). If the Contractor does not make any payments to subcontractors, supplier(s) and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.

The Local Agency must verify all Exhibit 9-P information, monitor compliance with prompt payment requirements for DBE and non-DBE firms, and address any shortfall to the DBE commitment and prompt payment issues until the end of the project. The Local Agency must email a copy of Exhibit 9- P to [email protected] before the end of the month after receiving the Exhibit 9-P from the Contractor.

11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS [Form FHWA-1273 must be physically inserted into the contract without modification, excluding ATTACHMENT

A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS.]
[The current version of Form FHWA-1273 is accessible at FHWA’s website:
https://www.fhwa.dot.gov/programadmin/contracts/1273/1273.pdf]

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12. FEMALE AND MINORITY GOALS
To comply with Section II, "Nondiscrimination," of "Required Contract Provisions Federal -Aid Construction Contracts," the following are for female and minority utilization goals for Federal-aid construction contracts and subcontracts that exceed $10,000:

The nationwide goal for female utilization is 6.9 percent.

The goals for minority utilization (45 Fed Reg 65984 (10/3/1980)) are as follows:

MINORITY UTILIZATION GOALS
Economic
Area
Goal
(Percent)
174
Redding CA:

Non-SMSA (Standard Metropolitan Statistical Area) Counties:

CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama

6.8 175
Eureka, CA
Non-SMSA Counties:

CA Del Norte; CA Humboldt; CA Trinity

6.6 San Francisco-Oakland-San Jose, CA:

28.9 25.6

19.6 14.9

9.1 17.1

23.2 SMSA Counties:
7120 Salinas-Seaside-Monterey, CA
CA Monterey
7360 San Francisco-Oakland
CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo 7400 San Jose, CA
176 CA Santa Clara, CA
7485 Santa Cruz, CA
CA Santa Cruz
7500 Santa Rosa
CA Sonoma
8720 Vallejo-Fairfield-Napa, CA
CA Napa; CA Solano
Non-SMSA Counties:

CA Lake; CA Mendocino; CA San Benito
177
Sacramento, CA:

SMSA Counties:
6920 Sacramento, CA
CA Placer; CA Sacramento; CA
Yolo Non-SMSA Counties
CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA Yuba

16.1 14.3
Stockton-Modesto, CA:

SMSA Counties:
5170 Modesto, CA 12.3
178 CA Stanislaus
8120 Stockton, CA 24.3
CA San Joaquin
Non-SMSA Counties 19.8
CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne Fresno-Bakersfield, CA
SMSA Counties:
179 0680 Bakersfield, CA 19.1
CA Kern
2840 Fresno, CA
CA Fresno

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Non-SMSA Counties:

CA Kings; CA Madera; CA Tulare

23.6 Los Angeles, CA:

11.9 28.3

21.5 19.0

19.7 24.6
SMSA Counties:
0360 Anaheim-Santa Ana-Garden Grove, CA
CA Orange
4480 Los Angeles-Long Beach, CA
CA Los Angeles
180 6000 Oxnard-Simi Valley-Ventura, CA
CA Ventura
6780 Riverside-San Bernardino-Ontario, CA
CA Riverside; CA San Bernardino
7480 Santa Barbara-Santa Maria-Lompoc, CA
CA Santa Barbara
Non-SMSA Counties
CA Inyo; CA Mono; CA San Luis Obispo
San Diego, CA:

16.9 18.2
SMSA Counties
181 7320 San Diego, CA
CA San Diego
Non-SMSA Counties
CA Imperial
For the last full week of July during which work is performed under the contract, the prime contractor and each non material-supplier subcontractor with a subcontract of $10,000 or more must complete Form FHWA PR -1391 (Appendix C to 23 CFR 230). Submit the forms by August 15.

13. TITLE VI ASSURANCES
[The U.S. Department of Transportation Order No.1050.2A requires all federal-aid Department of Transportation contracts between an agency and a contractor to contain Appendix A and E.

Note: Appendix B only requires inclusion if the contract impacts deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein. Appendices C and D only require inclusion if the contract impacts deeds, licenses, leases, permits, or similar instruments entered into by the recipient.]

APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONTRACTOR) agrees as follows:
a. Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. b. Nondiscrimination: CONTRACTOR, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONTRACTOR of the CONTRACTOR’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.

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d. Information and Reports: CONTRACTOR shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipien t or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONTRACTOR has made to obtain the information. e. Sanctions for Noncompliance: In the event of CONTRACTOR’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions : CONTRACTOR shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

CONTRACTOR shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a sub- applicant or supplier as a result of such direction, CONTRACTOR may request the recipien t enter into such litigation to protect the interests of the State, and, in addition, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States.

APPENDIX B

CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:

NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the recipient will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the recipient all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the recipient, its successors and assigns. The recipient, in consideration of the conveyance of said lands and interest in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the recipient will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-

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discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended[, and (3) that in the event of breach of any of the above-mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.)

APPENDIX C

CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE

ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the recipient pursuant to the provisions of Assurance 7(a):

A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that:

1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.

B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non- discrimination covenants, the recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.*
C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the recipi ent and its assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)

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APPENDIX D

CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE

ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the recipient pursuant to the provisions of Assurance 7(b):

A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest ,and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.

B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above Non-discrimination covenants, the recipient will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.* C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, the recipient will there upon revert to and vest in and become the absolute property of the recipi ent and its assigns.
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)

APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following non- discrimination statutes and authorities, including, but not limited to:

Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex; • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of

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the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low - Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

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Federal Trainee Program Special Provisions
[to be used when applicable]

14. FEDERAL TRAINEE PROGRAM
For the Federal training program, the number of trainees or apprentices is .

This section applies if a number of trainees or apprentices is shown on the Notice of Bidders .

As part of the prime contractor’s equal opportunity affirmative action program, provide on- the-job training to develop full journeymen in the types of trades or job classifications involved.

The prime contractor has primary responsibility for meeting this training requirement.

If the prime contractor subcontracts a contract part, they shall determine how many trainees or apprentices are to be trained by the subcontractor. Include these training requirements in each subcontract.

Where feasible, 25 percent of apprentices or trainees in each occupation must be in their 1st year of apprenticeship or training.

Distribute the number of apprentices or trainees among the work classifications on the basis of the prime contractor’s needs and the availability of journeymen in the various classifications within a reasonable recruitment area.

Before starting work, the prime contractor shall submit to the City/County of :

1. Number of apprentices or trainees to be trained for each classification

2. Training program to be used

3. Training starting date for each classification
The prime contractor shall obtain the City/County of approval for this submitted information before the prime contractor starts work. The City/County of credits the prime contractor for each apprentice or trainee the prime contractor employs on the job who is currently enrolled or becomes enrolled in an approved program.

The primary objective of this section is to train and upgrade minorities and women toward journeym an status.

The prime contractor shall make every effort to enroll minority and women apprentices or trainees, such as conducting systematic and direct recruitment through public and private sources likely to yield minority and women apprentices or trainees, to the extent they are available within a reasonable recruitment area a nd show that they have made the efforts. In making these efforts, the prime contractor shall not discriminate against any applicant for training.

The prime contractor shall not employ as an apprentice or trainee an employee:

1. In any classification in which the employee has successfully completed a training course leading to journeyman status or in which the employee has been employed as a journeyman

2. Who is not registered in a program approved by the US Department of Labor, Bureau of Apprenticeship and Training
The prime contractor shall ask the employee if the employee has successfully completed a training course leading to journeyman status or has been employed as a journeyman. The prime contractor’s records must show the employee's answers to the questions.

In the training program, the prime contractor shall establish the minimum length and training type for each classification. The City/County of and FHWA approves a program if one of the following is met:

1. It is calculated to:
• Meet the equal employment opportunity responsibilities • Qualify the average apprentice or trainee for journeyman status in the classification involved by the end of the training period

2. It is registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, and it is administered in a way consistent with the equal employment responsibilities of Federal-aid highway construction contracts

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The prime contractor shall obtain the State's approval for their training program before they start work involving the classification covered by the program.

The prime contractor shall provide training in the construction crafts, not in clerk -typist or secretarial-type positions. Training is allowed in lower-level management positions such as office engineers, estimators, and timekeepers if the training is oriented toward construction applications. Training is allowed in the laborer classification if significant and meaningful training is provided and approved by the division office. Off -site training is allowed if the training is an integral part of an approved training program and does not make up a significant part of the overall training.

The City/County of reimburses the prime contractor 80 cents per hour of training given an employee on thiscontract under an approved training program:

1. For on-site training

2. For off-site training if the apprentice or trainee is currently employed on a Federal-aid project and prime contractor does at least one of the following:
a. Contribute to the cost of the training
b. Provide the instruction to the apprentice or trainee c. Pay the apprentice's or trainee's wages during the off-site training period

3. If the prime contractor complies with this section.

Each apprentice or trainee must:

1. Begin training on the project as soon as feasible after the start of work involving the apprentice's or trainee's skill

2. Remain on the project as long as training opportunities exist in the apprentice's or trainee's work classification or until the apprentice or trainee has completed the training program Furnish the apprentice or trainee a:

1. Copy of the training plan approved by the U.S, Department of Labor or a training plan for trainees approved by both Caltrans and FHWA

2. Certification showing the type and length of training satisfactorily completed Maintain records and submit reports documenting contractor’s performance under this section.

15. PROHIBITION OF CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT AND

SERVICES
In response to significant national security concerns, the agency shall check the prohibited vendor list before making any telecommunications and video surveillance purchase because recipients and subrecipients of federal funds are prohibited from obligating or expending loan or grant funds to:
• Procure or obtain;
• Extend or renew a contract to procure or obtain; or
• Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

The prohibited vendors (and their subsidiaries or affiliates) are:
• Huawei Technologies Company;
• ZTE Corporation;
• Hytera Communications Corporation;
• Hangzhou Hikvision Digital Technology Company;
• Dahua Technology Company; and
• Subsidiaries or affiliates of the above-mentioned companies.

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In implementing the prohibition, the agency administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.

The contractors should furnish telecommunications and video surveillance equipment with a certificate of compliance. The certificate must state telecommunications and video surveillance equipment was not procured or obtained from manufacturers identified in the above list.

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714.940.6300 | 800.424.9144 | fax: 714.940.4920 | 2401 East Katella Avenue, Suite 300, Anaheim. California 92806 | www.willdan.com Executive Summary
February 2, 2026

City of San Bernardino
Vanir Tower
290 North D Street
San Bernardino, CA 92401
Submitted via Planetbids

RE: Proposal for Professional Design Engineering Se rvices for E Street Median Safety Improvements The City of San Bernardino (City) is seeking propos als from qualified firms to provide comprehensive d esign engineering services for the E Street Median Safety Improvements Project. Willdan Engineering (Willdan ) is uniquely positioned to deliver these improvements w ith precision and efficiency. Our team offers best- in-class expertise in municipal engineering design, backed b y over 61 years of experience serving more than 800 publ ic agencies across California and beyond. We specializ e in implementing proven safety countermeasures, in cluding curb extensions, ADA-compliant curb ramps, Rectangu lar Rapid Flashing Beacons (RRFBs), high-visibility crosswalks, advanced warning signage, and pavement markings—all designed to reduce pedestrian risk and improve driver awareness. The following strengths s et us apart from the competition and make us the be st- qualified team for this assignment:

Recent, Highly Relevant Experience
Willdan’s two comparable median improvement project s –Arrow Highway Median Improvements in the City of Azusa and Bastanchury Median Improvements in the Ci ty of Yorba Linda – afford our team unmatched knowl edge of the City’s scope of work. These projects include d raised median, controlled pedestrian access, corr idor safety enhancements, and beautification improvements. As our client references will attest, our project team brings recent, highly relevant experience garnered through median improvement projects performed for the citi es of Yorba Linda, Los Alamitos, Azusa, South Gate, San F ernando, Lakewood, Madera County, Highland and Buen a Park.

Exceptional Project Manager
Willdan’s proposed Project Manager Mr. Ronald Stein , PE, QSD, ENV SP is highly experienced in deliveri ng sound engineering design and quality services to ensure t he E Street Median Safety Improvements Project will be delivered within budget and schedule. He has design ed and managed hundreds of street improvement proje cts in his 14 years of experience. Mr. Stein has selected a team possessing the strength, stability, experience , and technical competence to meet the City's project req uirements and goals.

Understanding City Project Goals and Requirements
Mr. Stein stands ready to lead his team and bring i nnovative approaches and fresh expertise to the Cit y’s proposed median improvement project. This approach will culm inate into unified roadway, median, bicycle lane, a nd irrigation/landscape concepts that enhance the comm unity. Two of our senior staff members live in Teme cula and commute through the project area – giving our team an in-depth understanding of the City’s requirement s and bringing a personal sense of community to the proje ct.

Willdan has read and will comply with all terms and conditions of the RFP and City PSA. If there are any questions regarding our qualifications or this submittal, ple ase contact Ron Stein, our proposed Project Manager at [email protected] .

Respectfully submitted,

WILLDAN

Tyrone Peter, PE
Director of Engineering

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Table of Contents

Executive Summary .................................................................................................................................................

Table of Contents................................................................................................................................................... 1 Identification of Proposer ...................................................................................................................................... 1 Legal Name and Address of Company ....................................................................................................................... 1 Legal form of Company.............................................................................................................................................. 1 Parent Company ........................................................................................................................................................ 1 Proposed Representative Information ...................................................................................................................... 1 California Business License Number .......................................................................................................................... 1 Staffing Resources ................................................................................................................................................. 2 Firm Staffing and Key Personnel ................................................................................................................................ 2 Subcontractors ........................................................................................................................................................ 11 Fiscal Stability ...................................................................................................................................................... 12 Experience and Technical Competence ................................................................................................................ 15 Experience ............................................................................................................................................................... 15 Project Specific Experience ...................................................................................................................................... 17 Technical Competence ............................................................................................................................................ 21 Proposed Method to Accomplish the Work ......................................................................................................... 22 Fee Proposal ........................................................................................................................................................ 23 Insurance ............................................................................................................................................................. 31 Litigation ............................................................................................................................................................. 32 Other Information ............................................................................................................................................... 33 Certification of Proposal ...................................................................................................................................... 34 Appendices ................................................................................................................. Error! Bookmark not defined.

Packet Page. 486

Proposal for Professional Design Engineering
Services for E Street Median Safety Improvements

1 City of San Bernardino
Identification of Proposer
Legal Name and Address of Company
Willdan Engineering, 650 E. Hospitality Ln, #400, San Ber nardino, CA 92408 Legal form of Company
California Corporation, Established 1964
Parent Company
Willdan Group, Inc.

Proposed Representative Information
Tyrone Peter, PE
Director of Engineering, Principal-in-Charge
(909) 386-0200, [email protected]
California Business License Number
DIR 1000025452

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Proposal for Professional Design Engineering
Services for E Street Median Safety Improvements

2 City of San Bernardino
Staffing Resources
Firm Staffing and Key Personnel
A key element of our project team is that it is an efficient, effective, and experienced unit. Our team members possess necessar y licenses and certifications to perform the requested services. T hey will commit the time and effort required to successfully complete on schedul e and in a cost-effective manner. Willdan’s 7 proposed Key Personnel qualifica tions are presented within the table and resumes below. Willdan has designated Ron Stein, Project Manager, Matthew Crim, Civil Design Lead, and Minh Phan, Traffic Design Lead as the individuals principally responsible for work ing with the City. Willdan confirms that all assigned key professional staff are properly licensed to practic e in California.

Staff Education and Credentials Responsibilities
Tyrone Peter, PE
Principal-in-Charge/QA
Manager
19 Years of Experience
(714) 393-1963
 BS, Engineering and Civil
Engineering, Tamil Nadu
College of Engineering, India
 Civil Engineering, Murugappa
Polytechnic, India
 Civil Engineer, California No.
81888
 Overall Project Oversight
 Quality Assurance and Risk Management
Ronald Stein, PE, ENV
SP
Project Manager
13 Years of Experience
(714) 204-9257
 BS, Civil Engineering, Florida
State University, Tallahassee, FL
 Civil Engineer, California No.
86877
 Civil Engineer, Florida No.
102206
 Envision Sustainability
Professional No.
 Primary City contact
 Manage schedule, budget, resources
 Submit monthly invoices & updates
 Ensure compliance with standards & HSIP
 Review 60%, 90%, 100% design submittals
 Monitor risks & resolve issues promptly
Minh Phan, TE
Traffic Design Lead
26 Years of Experience
(714) 213-9511
 BS, Civil Engineering, California
State Polytechnic University,
Pomona
 Traffic Engineer, California No.
2219
 Ensure compliance with CA MUTCD & Caltrans
standards
 Prepare signing & striping plans
 Review intersection geometry & signalization needs
 Incorporate safety countermeasures (RRFBs,
crosswalks)
 Support QA/QC for traffic-related deliverables
Matthew Crim, PE, ENV
SP
Civil Design Lead
7 Years of Experience
(714) 945-8477
 BS, Civil Engineering, California
State Polytechnic University,
Pomona
 Civil Engineer, California No.
94393
 Envision Sustainability
Professional No. 45380
 Prepare detailed plans, specifications, and estimat es (PS&E)
 Review topographic survey and integrate field data
 Address drainage, grading, and roadway geometry
requirements
 Develop curb ramp detail sheets with elevations,
slopes, and dimensions
 Support QA/QC for civil deliverables
Tamara Boeltl
Utility Coordinator
37 Years of Experience
(714) 329-8862
 General Education, Moorehead
State University, Minnesota
 Blueprint Reading, Fullerton
Community College
 Identify and resolve utility conflicts early
 Notify and coordinate with utility agencies
 Prepare and track utility notices (initial, relocate, final)
Project Manager
Ron Stein, PE, ENV SP
[email protected]
(714) 204-9257

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Proposal for Professional Design Engineering
Services for E Street Median Safety Improvements

3 City of San Bernardino
 Building Construction,
Pasadena Community College
 Business English, Rio Hondo
College, Whittier
 Review plans for compatibility with existing utilit ies  Maintain communication with utility companies
throughout design
Jason Stiller, PLS
Surveying Lead
24 Years of Experience
(562) 665-7071
 Land Surveying, Santiago
Canyon College
 Professional Land Surveyor, CA
No. 9271
 Oversee subconsultant survey activities
 Review and approve survey work products
 Verify horizontal and vertical control accuracy
 Confirm completeness of topographic and utility dat a  Address survey-related questions or discrepancies
 Maintain QA/QC for all survey deliverables
 Provide final survey files for design integration

Lani Alfonso, PE
Grant Funding
Administration Lead
30 Years of Experience

 BS, Civil Engineering, University
of Southern California, Los
Angeles
 Civil Engineer, California No.
56397
 Prepare time extension requests for CON allocation, if needed
 Submit funding allocation requests after CEQA and
design completion
 Compile and submit Award Package to Caltrans after
contract award
 Prepare and track Program Supplement Agreement
 Submit progress invoices every 6 months during
construction
 Coordinate with Caltrans for finance letter
adjustments if costs vary
 Ensure adherence to LAPM and HSIP guidelines
throughout project

Key Personnel Resumes
As requested by the City, Willdan has provided cond ensed one page resumes with brief biographies. Will dan is pleased to provide additional qualifications at the request of the City.

Packet Page. 489

4 Tyrone Peter, PE
Principal-in-Charge/QA Manager
Tyrone Peter is an accomplished civil engineer for multi-discip line and multi-agency infrastructure projects. He is known for providing innovative, quality engineering services to ensure project delivery within budget and schedule. Tyrone’s years of experience managing and designing all types of public works projects pr ovide him with a solid foundation to determine what is needed to deliver a successful pr oject –making him the perfect fit to oversee an entire project, as well as perform specific civil engineering tasks.

Tyrone’s comprehensive experience includes design o f state highways, new streets, street widening, street realignment, pavement rehabilitati on, light rail and railroad, grade separation, flood control facility, water, and sewer projects. He has supervised feasibility studies, project study reports, project reports, construction docume nt preparation as well as grade certification issuance, construction administration , and construction inspections. He is proficient at managing large project teams with sub consultants and multiple technical disciplines.

Relevant Project Experience
On-Call Planning and Engineering Services, County of Orange, CA . Principal-in-Charge .

Willdan is currently responsible for reviewing priv ate developer projects spanning both on- site and off-site improvements. Review services cov er Final Parcel and Tract Maps, lot line adjustments, grading & erosion control plans, storm drain plans, hydrology, water & sewer improvement plans, street improvement plans, signin g & striping plans, traffic signal plans, landscape plans, storm water pollution prevention p lans (SWPPP), and water quality management plans (WQMP). The County has an expedite d review contract for the Rancho Mission Viejo residential development with strict d eadlines on a condensed schedule.

Uncontrolled Crosswalks Improvements, City of Lakew ood, CA . Principal-in-Charge . Willdan is providing engineering design services for uncont rolled marked crosswalk improvements to enhance pedestrian safety and meet current CA-MUTCD standards. Improvements include installation of high visibility ladder crosswalks, yield limit lines and signs, school crosswalk signs, relocation/refresh of pavement markings, upg rade and installation of ADA curb ramps, and installation of RRFBs.

Santa Anita Avenue Active Transportation Improvemen t Project, City of El Monte, CA .

Project Manager. Willdan provided engineering design services for t he implementation of active transportation improvements along Ramona Bou levard, Tyler Avenue, and Santa Anita Avenue. The project improvements included pedestria n and bicycle safety enhancements, Class II bike lanes, Class III bike routes, Class I V cycle track, bicycle detection, bus boarding platforms, bulb-outs, pedestrian countdown signal h eads, thermoplastic striping upgrades, ADA curb ramps, and wayfinding improvements along t he project locations. The project also included pavement rehabilitation along Ramona Boule vard and Tyler Avenue.

Citywide Pedestrian Crossing Improvements, City of La Canada Flintridge, CA. Civil Design Lead. Willdan provided engineering design services for the preparation of design plans, specifications, and estimates (PS&E), environmental CEQA documentation, utility coordination, design survey, engineering support du ring construction, and grant funding administration services for the City’s Highway Safety Improvement Project (HSIP) Cycle 10 funded Project. The project implemented countdown p edestrian signal heads, ADA pedestrian push buttons, and crosswalk enhancements including overhead flashing beacons, bulb-outs, upgraded pavement markings, and high vis ibility signage for the uncontrolled crosswalk at the intersection of Foothill Boulevard and Union Street.

EDUCATION
BS, Engineering and Civil
Engineering, Tamil Nadu
College of Engineering,
India
Civil Engineering,
Murugappa Polytechnic,
India

REGISTRATIONS /

CERTIFICATIONS
Civil Engineer, California
No. 81888

AFFILIATIONS
American Society of Civil
Engineers

19 YEARS OF EXPERIENCE

Packet Page. 490

5 Ronald Stein, PE, ENV SP
Project Manager
Ron Stein offers expertise as a project manager, civil engineer, and quality assurance plan reviewer for various municipalities. He has led pub lic works and land development engineering teams engaged in designing projects encompassing st orm drains, grading, erosion control, street improvements, striping, traffic control, and utilit ies. Ron is highly skilled in development and of PS&E for minor rehabilitation and complex street im provement projects involving new curb and gutter and associated Hydrology and Hydraulic desig n and calculations for the project. He brings valuable public works experience from his three yea rs with the Florida Department of Transportation, where he rotated through every offi ce of the department and acquired a strong, diverse technical foundation.

Relevant Project Experience
Lakewood Regional Corridor Capacity Enhancement Pro ject, City of Lakewood, CA. Project Manager . Willdan provided design services for complete gre en street improvements on Lakewood Boulevard between the north city limits an d Del Amo Boulevard. The project will install a Class I Bike Path and pedestrian sidewalk in the parkway area and will construct minor roadway capacity enhancements on Lakewood Boulevard including dual left turn lanes at the intersection of Hardwick Street. Other improvements include utility undergrounding, traffic signal improvements, LED street lighting, landscape planting and irrigation, overhead distribution and transmission power undergrounding, sidewalk cur b and gutter and driveway approach reconstruction, street resurfacing, catch basin con struction, storm water quality improvements to comply with Green Streets policy, bike lockers, bus shelters, ADA enhancements, and green street improvements. Design services provided by Wi lldan included civil, traffic, pavement, drainage, and geotechnical engineering, landscape a rchitecture, survey and right of way engineering, utility coordination and relocation, p reparation of an initial study checklist and a mitigated negative declaration with traffic impact study pursuant to the California Environmental Quality Act (CEQA) requirements.

Arrow Highway Raised Median Improvements, City of A zusa, California. Civil Engineering Lead.

Willdan provided engineering design services requir ed for the 1.10-mile raised median improvement project to mitigate accidents and provi de safer crossings for pedestrians. The improvements entail roadway resurfacing and sidewal k, curb, and gutter reconstruction.

Coordination with the County of Los Angeles and nei ghboring City of Covina was performed during the design process The project was partially funded through Measure M and Highway Safety Improvements Program grants. Caltrans' Local Assistance office provided funding allocation. Willdan provided engineering design, ut ility coordination and relocation, NEPA approval documentation, right-of-way certification, E-76 application assistance, and public outreach.

Highway Safety Improvement Project (HISP) – Cycle 8 Design, City of La Puente, CA. Civil Design Lead for preliminary engineering design services in cluding utility coordination, contract administration and funding administration services. The City was awarded $783,600 FY 2018/2019 for eight crosswalk locations throughout the Cit y of La Puente. The proposed improvements included installing rectangular rapid flashing beacons, curb extensions, advanced pavement markings, warning signs, high visibility c rosswalks and ADA compliant access ramps to improve safety and comply with current standards. The total project cost was estimated to be $786,600.

EDUCATION
BS, Civil Engineering,
Florida State University
Tallahassee, FL

PROFESSIONAL

CERTIFICATIONS
Civil Engineer, California
No. 86877
ENV SP, Institute for
Sustainable
Infrastructure No.
56028

Add
Photo
14 YEARS OF EXPERIENCE

Packet Page. 491

6 Minh Phan, TE
Traffic Design Lead
Minh Phan specializes in traffic and transportation engineering and has a wide range of experience with all phases of the project cycle suc h as concept development, design, permitting, and construction. His project portfolio includes public infrastructure improvements, residential developments, and hospita l, office, and retail buildings. He has coordinated with multiple cities, counties, and Cal trans .

Relevant Project Experience
Safe Routes to School Signing and Striping Improvem ents, City of Culver City, CA. Project Manager . Willdan provided engineering design services for the preparation of design plans, specifications, and estimates (PS&E) for the City’s Safe Routes to School Signing and Striping Project. The project implemented signing a nd striping upgrades in the neighborhoods around three Culver City Schools incl uding El Marino Elementary, El Rincon Elementary, and Farragut Elementary. The roadway up grades included high visibility crosswalk markings, painted curb extensions, stop a nd limit line adjustments, installations of Class II bike lanes, Class III bike routes, stop signs at alleyways, and striping improvements for the intersection of Ince Boulevard at Lucerne Avenue. Willdan also provided design support during construction.

Lakewood Boulevard Pedestrian and Signal Improvemen ts, City of Downey, CA. Traffic Engineering Design Lead. Willdan provided design services for traffic signal improvements along Lakewood Blvd at Rosecrans Ave, Gardendale St reet, Alameda Street, and 5th Street/Cecilia Street including installing with new 332 cabinets with 2070 controller and BBS in a standalone cabinet, installing video detection sy stem, installing new vehicle heads, countdown pedestrian signals, upgrading pedestrian push buttons, and install new signal standard mast arm for new fully protected left-turn phasing.

HSIP Cycle 10 Funded Traffic Signal Safety Improvements at 12 Intersections, City of Lakewood, CA. Project Manager. Traffic signal improvements including installation of advanced dilemma zone detection, upgrade of existin g signal hardware for 12: LED vehicle heads, back plates & mountings, LED lighting, and n ew signal mast arm poles for 12 city intersections along Del Amo Boulevard, Paramount Bo ulevard, Centralia Street.

First Last Mile Improvements, City of Inglewood, CA . Quality Assurance Manager . Willdan is providing professional engineering design servic es for First/Last Mile Improvement Project - Phase 1. We understand the City received a $6.5 million grant from Metro for the implementation of the First/Last Mile Improvement P roject. This project encompasses complete street improvements on 13 streets/corridors as identified as pathway networks around of following three Crenshaw/LAX Line station s and one Green Line station: 1) Fairview Heights Station; 2) Downtown Inglewood Stat ion; 3) Westchester/Veterans Station; and 4) Crenshaw Green Line Station. In gene ral, the proposed improvements will include enhanced crosswalks, wayfinding signage, bi cycle lanes, bicycle sharrows, bus shelters, benches, trash cans, bike cut through div erter modifications, and ADA accessible curb ramps at the various project locations.

EDUCATION
BS, Civil Engineering,
California State
Polytechnic University,
Pomona

PROFESSIONAL

CERTIFICATIONS
Traffic Engineer,
California No. 2219

26 YEARS OF EXPERIENCE

Packet Page. 492

7 Matthew Crim, PE, ENV SP
Civil Design Lead
Matthew Crim participates in infrastructure plannin g and the design and preparation of plans, specifications, and estimates of various typ es of public improvement projects including, but not limited to transportation, storm drainage, water and sewer facilities, and minor structures. He assists in the collection of engineering and survey data, the development of design and construction standards fo r public improvements, and the inspection of public works projects. He has designe d curb ramps, driveways, parking lots, and street cross sections; and developed estimates for varying design projects. He has also designed and run models for vehicle movement d own a proposed corridor. Mr. Crim has written specifications used in multiple cities for a variety of projects and applied standards to designs and to ensure things are to co de throughout the design process. He has participated in the design of the master plans for sewage and storm drain systems, completing SWDR and SWPPP reports for multiple proj ects. He has analyzed watersheds and treatment methods for both existing and propose d conditions of pavement projects.

Relevant Project Experience
Santa Anita Active Transportation Project, City of El Monte, CA. Civil Design Lead . Willdan provided engineering design services for the prepar ation of plans, specifications, and cost estimates (PS&E) and related construction documents . The project improvements included pedestrian and bicycle safety enhancements , complete street elements, Class II bike lanes, Class III bike routes, bicycle video de tection, countdown pedestrian signal heads, thermoplastic striping upgrades, ADA curb ra mps, bike racks, transit stop and wayfinding improvements along Santa Anita Avenue, T yler Avenue, and Ramona Boulevard. In addition to the active transportatio n improvements. the city requested pavement rehabilitation and re-striping on Ramona B lvd from Santa Anita Ave to Tyler Ave and on Tyler Avenue from Ramona Blvd to Santa Anita Avenue. Pedestrian access ramp improvement at all intersections were also analyzed and upgraded per current ADA codes.

First Last Mile Improvements, City of Inglewood, CA . Civil Design Lead . Willdan is providing professional engineering design services for First/Last Mile Improvement Project - Phase 1. We understand the City received a $6.5 milli on grant from Metro for the implementation of the First/Last Mile Improvement P roject. This project encompasses complete street improvements on 13 streets/corridors as identified as pathway networks around of following three Crenshaw/LAX Line station s and one Green Line station: 1) Fairview Heights Station; 2) Downtown Inglewood Stat ion; 3) Westchester/Veterans Station; and 4) Crenshaw Green Line Station. In gene ral, the proposed improvements will include enhanced crosswalks, wayfinding signage, bi cycle lanes, bicycle sharrows, bus shelters, benches, trash cans, bike cut through div erter modifications, and ADA accessible curb ramps at the various project locations.

Affordable Housing and Sustainable Communities Prog ram (AHSC), City of Ridgecrest, CA. Project Manager. Willdan is providing project management, preliminar y engineering, design, and bidding assistance services for the upc oming Affordable Housing and Sustainable Communities Program (AHSC) Improvement projects. This project consists of landscape renovations (xeriscape) around the grass sump areas and areas adjacent to the Kerr McGee Center and City Hall buildings; ADA acce ssibility upgrades; upgrade of existing bus stops to include the bus shelter; pedestrian tr avel path; and bus stop boarding area.

Install two bus shelters at existing bus stops. Inc ludes the construction of curb, gutter, sidewalk, driveway approaches, and curb ramps to me et ada standard; street lighting; pedestrian hybrid beacon (mid-block crossing).

EDUCATION
BS, Civil Engineering,
California State
Polytechnic University,
Pomona

PROFESSIONAL

CERTIFICATIONS
Civil Engineer, Florida
No. 100973
Civil Engineer, Arizona
No. 79000
Civil Engineer, California
No. 94393
Civil Engineer, Maine
No. PE18713
Civil Engineer, Nevada
No. 032651
Civil Engineer, Texas No.
149457
Envision Sustainability
Professional, Institute
for Sustainable
Infrastructure (ENV SP)
No. 45380

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Photo
7 YEARS OF EXPERIENCE

Packet Page. 493

8 Tamara L. Boeltl
Utility Coordinator
Tamara Boeltl has 35+ years of experience and is highly skilled in the utility coordination process from preliminary design through constructio n. Her expertise includes identifying and resolving utility conflicts; coordinating and w orking with multiple utility agencies with utilities impacted by project construction; reviewing and documenting the progress of the utility relocation effort; identifying permitting r equirements for both aerial and underground utility construction; and recommending construction methods that best suit the project as well as the utility being relocated. Ms. Boeltl regularly collaborates with the design team to prepare utility relocation plans tha t are constructible and adhere to applicable federal, state, and local requirements. She is computer literate in GIS, CAD, Microsoft PowerPoint, Visio, Illustrator, and Adobe Photoshop.

Relevant Project Experience
Soledad Canyon Road Corridor Traffic Signal Modific ations and Safety Improvements, City of Santa Clarita, CA. Utility Coordination Task Manager responsible for all utility coordination and relocation services required for t he Highway Safety Improvement Program Cycle 8 traffic signal modifications and saf ety improvements at five intersections.

The safety enhancements encompassed crossing and AD A-compliant ramp installations to mitigate left-turn right-of-way violations and the severe degree of injuries and to provide uniform protected left turns along the corridor. Wi lldan provided traffic design, civil design, utility coordination, design survey, level- of-service analysis, and engineering support during construction support.

Paramount Boulevard Corridor Traffic Signal Upgrade s and Safety Improvements, City of Downey, CA. Utility Coordination Task Manager responsible for all utility coordination and relocation services required for the signal and saf ety improvements. The project's goal is to improve traffic safety along Paramount Boulevard by increasing traffic signal visibility, facilitating safer turning movements, and reducing pedestrian- and cyclist-involved vehicle collisions. Willdan provided environmental analysis , safety assessment, traffic and civil design, utility coordination, and design survey.

La Brea Avenue and Prairie Avenue Signal Modifications, City of Inglewood, CA. Utility Coordination Task Manager responsible for all utility coordination and reloc ation services required for the Highway Safety Improvement Project Cycle 8 improvements. The improvements entail upgrading traffic signal equipm ent at six signalized intersections along La Brea and eight signalized intersections al ong Prairie Avenue and modifying protected left-turn phasing at the signalized inter section of Prairie Avenue and Grace Avenue. Willdan provided utility coordination, desi gn survey, and civil and traffic design.

Glenoaks Boulevard Traffic Signal and Resurfacing I mprovements, City of San Fernando, CA. Utility Coordination Task Manager responsible for all utility coordination and relocation services required for 1.27 miles of Measure R-/ CalRecycle-funded signal modifications and street improvements. The design i nvolved traffic signal modifications to protected/left-turn phasing and non-landscaped rais ed doweled medians at Arroyo Street, Griswald Avenue, Grand Boulevard, Maclay Avenue, Ha ring Avenue, and Orange Grove Avenue and street resurfacing. Willdan provided tra ffic design, civil design, geotechnical engineering, pavement engineering, drainage design, utility coordination, design survey, utility potholing, grant administration, environmen tal documentation, and public outreach.

EDUCATION
General Education,
Moorehead State
University, Minnesota

Blueprint Reading,
Fullerton Community
College, Fullerton

Building Construction,
Pasadena Community
College, Pasadena

Business English, Rio
Hondo College, Whittier

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Photo
35+ YEARS OF EXPERIENCE

Packet Page. 494

9 Jason Stiller, PLS
Surveying Lead
Mr. Jason Stiller has 24 years of experience providing surveying and ma pping support to a wide variety of infrastructure projects at all leve ls and is knowledgeable in all aspects of land surveying including boundary and topographic s urveys, subdivision mapping, GPS/GNSS and geodetic surveys, and construction sta king preparation and layout. Jason has been involved in preparing and checking numerou s subdivision maps, parcel maps and tract maps, ALTA/NSPS surveys, records-of-survey, l ot line adjustments, lot mergers, certificates of compliance, exhibits for right-of-w ay and easement acquisition, and boundary determination. His professional background includes municipal, residential, commercial, industrial, and institutional developme nt projects, utility transmission corridors and distribution networks, transportation projects, heavy construction, project management experience, and manager-level survey exp erience with a heavy emphasis on mapping, title research and analysis, legal descrip tions, boundary determinations, and compliance with both State and local ordinances.

Relevant Project Exerience
Survey Services, City of Azusa, California. Contrac t City Surveyor. The project involves survey services as requested. Willdan provided serv ices such as technical reviews of final maps.

On-Call Survey and Map Check, City of Inglewood, CA. Contract City Surveyor . Willdan provided map checking and legal description checkin g for the City of Inglewood’s engineering department. Through the on-call service s contract, Willdan provided technical reviews of parcel maps, tract maps, lot line adjust ments, certificates of compliance, and lot mergers.

On-Call Plan Checking Services, City of San Bernardi no, CA. Contract City Surveyor.

Willdan provided survey plan checking services for a variety of development project submitted to the City of San Bernardino. Willdan pr ovided on-call services for technical reviews of parcel maps, tract maps, certificates of compliance, certificates of correction, lot line adjustments, and lot mergers.

On-Call Survey Services, City of Yorba Linda, CA. Prepared documentation and exhibits for right-of-way and easement acquisition and conveyanc es in the City of Yorba Linda.

Acting County Surveyor, County of Madera, California. Survey Lead. Willdan performs all duties of the County Surveyor for the County of Mad era. Duties include review of maps and legal descriptions, records of survey, corner r ecords and related duties.

Plan Checking Services, City of Rancho Cordova, CA. Contract City Surveyor. Provided surveying and map-checking services in support of t he city processing applications for multiple residential developments.

Plan Checking and Development Services, City of Elk Grove, California. Survey/Mapping Reviewer responsible for performing reviews for improvements throughout the city.

Provided surveying and map-checking services in sup port of the city processing applications for multiple residential and commercia l developments.

EDUCATION
Land Surveying,
Santiago Canyon
College
OSHA 30

PROFESSIONAL

CERTIFICATIONS
Professional Land
Surveyor, CA No. 9271

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Photo

Packet Page. 495

10 Lani Alfonso, PE
Grant Funding/Administration Lead
Lani Alfonso is a Willdan Engineering city engineer with 32 years of experience in public works engineering and project management who combin es excellent communication and management skills with analytical and technical qua lifications.

Relevant Project Experience
Los Angeles County Department of Public Works, Alha mbra, CA. Principal Engineer .

Strategic Planning and Sustainability Office Presen t. Lead departmentwide initiatives to quantify and reduce greenhouse gas emissions from P ublic Works projects and operations, implement renewable energy projects, and create a s trategy for delivering Public Works projects and services equitably.

Los Angeles County Department of Public Works, Alha mbra, CA. Principal Engineer. Road Maintenance Division. As the District Engineer, ove rsaw operations and maintenance of road infrastructure in one of the five County Maint enance Districts including 1,200 lane miles of roadway, 300 miles of sidewalk, 40,000 parkway tre es, and 30 landscape maintenance districts. Managed a team of nearly 100 en gineers, contract monitors, administrative staff, and field personnel to delive r $30 million in pavement preservation, sidewalk, culvert, and guardrail repair, and tree t rimming projects annually.

Los Angeles County Department of Public Works, Alha mbra, CA. Senior Civil Engineer.

Road Maintenance Division. As the Assistant Distric t Engineer, provided support in managing the operations and maintenance of road inf rastructure in one of five County Maintenance Districts, including coordination with various cities for street maintenance services, development of various mobile GIS-based i nspection applications, and development of the County's urban forest program.

Los Angeles County Department of Public Works, Alha mbra, CA. Senior Civil Engineer .

Watershed Management Division. Managed a team of en gineers responsible for planning drainage and stormwater quality projects in the San Gabriel River, Rio Hondo, and Dominguez Channel watersheds.

Los Angeles County Department of Public Works, Alha mbra, CA. Senior Civil Engineer .

Traffic and Lighting Division. Supervised two units of engineers responsible for evaluating traffic collisions on unincorporated County roads a nd reviewing traffic impact studies for all development projects in unincorporated County a reas to ensure appropriate mitigation of traffic impacts resulting from the development.

EDUCATION
BS, Civil Engineering,
University of Southern
California, Los Angeles,
California

PROFESSIONAL

CERTIFICATIONS
Civil Engineer, California
No. 56397

32 YEARS OF EXPERIENCE

Packet Page. 496

Proposal for Professional Design Engineering
Services for E Street Median Safety Improvements

11 City of San Bernardino
Subcontractors
Willdan shall utilize Rosell Surveying and Mapping to provide Field Surveying.

Rosell Surveying and Mapping, Inc.

Rosell Surveying & Mapping, Inc. began in 1992 as a sol e proprietorship and has been a California corporatio n since 2002.

They provide comprehensive services in design surve ying, land surveying, construction staking, 3D-laser scanning, and mapping.

Rosell is headquartered in Huntington Beach and ope rates their field crews throughout Southern California from thi s central hub.

Their full-time personnel consists of five field crews, four CAD operators, three survey technicians, four LSITs, tw o licensed surveyors, and administrative staff.

Rosell's survey crews maintain a high level of expe rience and training on the latest technology in surveying equi pment. They offer high-caliber survey personnel and technologic ally advanced electronic measurement systems using state-of-the-a rt
equipment consisting of RTK, GPS and Robotic Total Station equipment, and both conventional and mobile laser s canners.

Their steady growth over the past few years reflects the quality performance and individual attention provided to clients – achieving project deliverables and meetin g clients’ expectations and goals while balancing e ngineering feasibility, economic viability, and environmental sensitivity.

David Rosell, PLS will be the lead for Rosell. He is an expert in bo undary and record maps and is a specialist in right-of-way engineering, pipeline layout and as-bu ilts, topographic surveys and construction staking. Mr. Rosell has extensive GPS training, and has used GPS and RT K for topography, construction staking, as-builts a nd geodetic control networks. He has the overall responsibilit y for the technical, cost, and schedule performance on all work performed by the firm.

Rosell Surveying and Mapping, Inc.
20951 Brookhurst Street
Huntington Beach, CA 92646
Contact: David Rosell, PLS
President/CEO
(714) 934-4500
Services to be Provided : Design Field
Survey

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Proposal for Professional Design Engineering
Services for E Street Median Safety Improvements

12 City of San Bernardino
Fiscal Stability
As requested by the City, Willdan has included proo f of fiscal stability on the below pages.

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Proposal for Professional Design Engineering
Services for E Street Median Safety Improvements

13 City of San Bernardino
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Proposal for Professional Design Engineering
Services for E Street Median Safety Improvements

14 City of San Bernardino
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Proposal for Professional Design Engineering
Services for E Street Median Safety Improvements

15 City of San Bernardino
Experience and Technical Competence
Experience
Willdan Engineering brings extensive qualifications in designing hardscaped medians, pavement rehabili tation, and transportation safety improvements that directly al ign with the E Street Median Safety Improvements pr oject requirements. Since 1964, Willdan has been providing c omprehensive design engineering services to public agencies throughout California and nationwide, with particular expertise in Highway Safety Improvement Program (HSIP) projects, Caltrans Local Assistance Procedur es Manual (LAPM) compliance, and Bus Rapid Transit (BRT) corridor improvements.

Hardscaped Median Design and Safety Improvements Experience Willdan's team has successfully completed numerous hardscaped median design projects throughout California. The Arrow Highway Raised Median Improve ments for the City of Azusa involved a 1.10-mile rais ed median improvement project to mitigate accidents an d provide safer crossing for pedestrians. This proj ect was partially funded through Measure M and Highway Safe ty Improvements Program grants, with Caltrans' Loca l Assistance office providing funding allocation. For the City of San Fernando's Glenoaks Boulevard Resu rfacing Improvements, Willdan designed non-landscaped raise d doweled medians for turn pockets at six intersections, incorporating HSIP Cycle 7 funding re quirements. The Firestone Boulevard Capacity Enhancement Project for the City of South Gate incl uded landscaped and hardscaped medians with drought - resistant plants, irrigation systems, and LED light ing along the corridor.

Highway Safety Improvement Program Expertise
Willdan Engineering possesses extensive experience with HSIP-funded projects across multiple funding c ycles, having successfully prepared grant applications, se cured funding, and delivered construction-ready des igns for median safety improvements, traffic signal upgrades , and pedestrian crossing enhancements throughout California.

Assigned Staff Transportation Safety Project Experience The project team members bring directly relevant ex perience to the E Street project. Tyrone Peter, PE, serving as Principal-in-Charge, has 19 years of experience ma naging multi-discipline infrastructure projects and has supervised feasibility studies, project study repor ts, construction document preparation, grade certif ication issuance, construction administration, and construc tion inspections. He managed the Malvern Avenue Str eet Improvements for the City of Buena Park, which incl uded implementing Class II bike lanes, asphalt pave ment, ADA curb ramps, and bicycle detection at traffic si gnals. Matthew Crim, PE, ENV SP, as Civil Design Le ad, has 6 years of experience participating in infrastructure planning and design of transportation, storm drain age, and street improvements. He served as Civil Design Task Lead for the Orangethorpe Avenue Rehabilitation Pr oject in Buena Park, which incorporated street rehabilita tion and restriping to improve access within the mu lti-use corridor, including installation of Class II bike l anes. Ronald Stein, PE, ENV SP, as Project Manager, offers 13 years of expertise as a project manager and civil e ngineer, skilled in development and review of hydrology/hydraulic calculations, cost estimates, s tormwater pollution prevention plans, and erosion c ontrol plans.

Years in Business and Public Client Experience
Willdan Engineering has been in business since 1964, pr oviding over 61 years of continuous service to public agencies. Willdan has worked with over 96% of the cit ies and counties in California for building officia ls, city engineers, county engineers, planning directors, tr affic engineers, and other public agency staff memb ers. The firm employs over 1,700 employees nationwide and mainta ins 50+ offices across the United States, with 2024 revenues of $566 million. Willdan has provided on-call professional engineering services to numerous Southern California public agencies for decades, de monstrating well over four years of experience prov iding design engineering services for public clients on p rojects similar to this HSIP-funded median safety improvement.

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Proposal for Professional Design Engineering
Services for E Street Median Safety Improvements

16 City of San Bernardino
Comparable Contracts Project History
Willdan’s project experience encompasses the full r ealm of services that could be involved in the City 's planned improvements for Rancho California Road Med ian Improvements. Street realignment and the complementary improvements involved are Willdan's c ore capabilities. Our contract history is extensive with multiple projects being assigned through task order s in conjunction with our over 200 active on-call cont racts.

Willdan has highlighted our comparable contract pro jects in the matrix below. Willdan has provided thr ee select representative project descriptions and refe rences demonstrating our engineering design experti se with similar types of street improvement projects manage d by Willdan in recent years.

Project Name Client
Civil
Utilities
Survey
NPDES
Landscape
Traffic
Arrow Highway Raised Median Project HSIP City of Azusa       Bastanchury Gap Closure City of Yorba Linda       Los Alamitos Boulevard Median Improvements City of Los Alamitos       Malvern Avenue Street Improvements City of Buena Park     Drummond Avenue Widening and Realignment City of Ridgecrest     Paramount Boulevard Urban Renovation and Complete Street Improvements
City of Paramount      
Glenoaks Boulevard Resurfacing Improvements City of San Fernando      Lakewood Boulevard Regional Corridor Capacity
Enhancement
City of Lakewood      
Firestone Boulevard Regional Corridor Capacity
Enhancement
City of South Gate      
Garfield Avenue Corridor Improvements City of Paramount       Centinela Avenue Raised Median Islands City of Inglewood       Palo Verdes Drive South Intersection Improvements City of Rancho Palos Verdes
   
Studebaker Road and Rosecrans Boulevard Hot Spot
Arterial Intersection Improvements
City of Norwalk     
Base Line Road Median Layout City of Rialto       Downs Street West Street Widening and Raised Medians City of Ridgecrest     Studebaker Road and Alondra Boulevard Hot Spot
Improvements
City of Norwalk    
Carbon Canyon Road/Santa Fe Road Traffic Calming City of Brea       Temple Avenue Street and Raised Median Improvements City of La Puente       Base Line Road Street and Raised Median Safety
Improvements
City of Highland    
Lakewood Boulevard/Del Amo Boulevard Hot Spot
Intersection Improvements
City of Lakewood      
Century Boulevard Median City of Paramount      
Florence Avenue Corridor Improvements City of Inglewood       Atlantic Avenue Improvements City of South Gate       Tweedy Boulevard Improvements City of South Gate       Palos Verdes Drive/Dapplegray Elementary School
Intersection Capacity Improvements
City of Rolling Hills Estates      

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Proposal for Professional Design Engineering
Services for E Street Median Safety Improvements

17 City of San Bernardino
Client References with Contact Information
City Contact Phone/Email Project Size and Description
City of Azusa Robert Delgadillo, Public
Works Director
(626) 812-5248
[email protected]
This project delivered 1.10 miles of safety and
mobility improvements along the Arrow Highway
corridor, a heavily traveled arterial serving
commercial, educational, and residential uses.

Improvements included raised median islands with
left-turn pockets, ADA-compliant curb ramps,
pavement resurfacing, sidewalk repairs, updated
striping and signage, and landscape and bioswale
enhancements to improve traffic safety and
pedestrian access.

City of
Lakewood
Max Withrow, Assistant
City Engineer
(562) 866-9771
[email protected]
This approximately 1.5-mile complete-green-street
project along Lakewood Boulevard delivered
regional bicycle and pedestrian improvements
identified in the Gateway Council of Governments
Active Transportation Plan. The project included
roadway widening to accommodate Class II bike
lanes in both directions, sidewalk and ADA
upgrades, median and turn-lane modifications,
Green Streets stormwater features, transit and
signal improvements, and drought-tolerant
landscaping to support regional access and mobility .

City of Yorba
Linda
Rick Yee, PE, Deputy
Director of Public
Works/Assistant City
Engineer
(714) 961-7171
[email protected]
This roadway improvement project along
Bastanchury Road, from Fairmont Boulevard to
Village Center Drive, will reconfigure the existing
64-foot curb-to-curb section to add an additional
travel lane in each direction while maintaining 5-
foot bicycle lanes. Improvements include narrowing
the landscaped median, new median landscaping
and irrigation, drainage review, and associated
roadway design and survey services, with Willdan
providing full design support through bidding and
construction.

Project Specific Experience and References
Client relationships are extremely important to Wil ldan. Our mission is to achieve business success by delivering superior quality services to our clients. Our prop osed Project Manager, Mr. Ron Stein, PE has selected representative relevant projects for the City's con sideration of our qualifications. Willdan certifies that none of the following have occurred with respect to any of the project experience listed in this proposal: failure to enter into a contract once selected; withdrawal of a proposal du e to error; termination or failure to complete a contract; debarment by any municipal, county, state, federal, or local agency; involvement in litigation, arbitr ation, or mediation related to professional services; violati ons of state or federal antitrust or bidding laws; knowing concealment of performance deficiencies; falsificat ion or submission of deceptive or fraudulent inform ation; or willful disregard of applicable laws, rules, or reg ulations.

Packet Page. 503

Proposal for Professional Design Engineering
Services for E Street Median Safety Improvements

18 City of San Bernardino
Arrow Highway Median Installation, City of Azusa
Client Client Contact
City of Azusa
213 East Foothill Boulevard
Azusa CA 91702
Robert Delgadillo
Public Works Director
(626) 812-5248
[email protected]

Dollar Value of Services $1,800,000
Dollar Value of Fee $250,000
Staffing Tyrone Peter, PM; Ron Stein – Civil Design Lead; Jeffery Lau – Traffic Design Lead
Duration 1 year
Project Description
Arrow Highway is a heavily traveled arterial roadwa y with close proximities to shopping centers, schools, and multi- family residential developments. The safety improve ments encompassing 1.10 miles of improvements along the corr idor was a high priority for City staff. The constructio n of raised median islands, protected left-turn pockets, ADA cu rb ramps, pavement resurfacing, and sidewalk repair provides better guidance and reduces the pattern of collisions thro ughout the street corridor. The raised medians provide refuge areas for pedestrian crossings, encourage walking, benefit local businesses, and enhance community pride. The projec t limits extend from the western city limits to Sou th Citrus Avenue and include frontage road medians within the City of Covina.

The scope of work entailed development and design o f plans, specifications, and estimates to construct raised medians with left-turn pockets at select locations along Arrow Highway. Included in the design were cu rb access ramps in compliance with ADA requirements and revis ed signage and striping required for the new raised medians.

Landscape and irrigation improvements and bioswales were included as part of the Arrow Highway and fro ntage road median improvements. Although not eligible for HSIP funding, the roadway resurfacing and reconstr uction of damaged sidewalks were accomplished utilizing fundi ng from other available sources. Willdan coordinate d with the County of Los Angeles, neighboring City of Covi na, and Caltrans Local Assistance during the design process. Full services provided encompassed engineering design, u tility coordination and relocation, NEPA approval documentation, right-of-way certification, E-76 appli cation assistance, public outreach, and grant fundi ng administration.

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Proposal for Professional Design Engineering
Services for E Street Median Safety Improvements

19 City of San Bernardino
Lakewood Boulevard Capacity Enhancement Project, City of Lakewood Client Client Contact
City of Lakewood
5050 Clark Avenue
Lakewood, CA 90712
Max Withrow
Assistant City Engineer
(562) 866-9771
[email protected]

Dollar Value of Services $21,250,000
Dollar Value of Fee $650,000
Staffing Ron Stein – Project Manager; Matt Crim – Civil Desi gn Lead; Minh Phan – Traffic Design Lead
Duration 2 Years. Ongoing coordination with SCE
Project Description
The project was identified in the Gateway Council o f
Governments Active Transportation Plan as a regiona lly significant project due to the Metro bus route enha ncement between Lakewood Center and Pasadena, regional truc k route designation, and regional access to Lakewood Center , Long Beach Airport, retail, colleges, and medical and em ployment centers. The approximate 1½-mile complete-green-stre et improvements between the northern city limits and D el Amo Boulevard involved width modifications to Lakewood
Boulevard to provide for a regional bicycle path in compliance with the Gateway Council of Governments Active Transportation Plan and sidewalk segment improvemen ts to allow pedestrian access to various commercial establishments and Lakewood Center.

Landscape Improvements and water conservation featu res were incorporated into the preliminary design. This project was funded by Los Angeles County Metropolit an Transit District Measure R Interstate 91/605 Hot Spot s Expenditure Plan funds. After reviewing corridor de ficiencies for average daily traffic volumes, vehic ular delays, high truck volumes, accident/collision rates, level s of service, and freeway ramps operations, Willdan created three conceptual alignments with alternatives for a Class I bicycle path, Class II bicycle lanes, or both ty pes of bicycle lanes. The improvements ultimately selected incorpo rated street widening and median improvements on Lakewood Boulevard to accommodate a Class II bicycl e lane in each direction, minimized median modifica tions to accommodate turn lanes, and landscape palette conve rsion from grass to drought-adaptive trees, shrubs, and groundcover.

Willdan provided preliminary and final design, NEPA /CEQA documentation and permitting, transit partner ing outreach, Corridor Committee meeting participation, and construction funding application preparation. The design entailed coordination of pedestrian and bicycle mov ements into the current County Traffic Signal Synch ronization Program, undergrounding utility distribution and tr ansmission, Green Streets storm water quality treat ment, and drought-tolerant landscaping. Other improvements in volved upgraded traffic signal equipment to improve safety, bicycle parking and lockers, improved transit stops , sidewalk additions within the corridor to meet ADA requirements, street resurfacing, and irrigation.

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Proposal for Professional Design Engineering
Services for E Street Median Safety Improvements

20 City of San Bernardino
Bastanchury Road Median Project from Fairmont Blvd to Village Center Drive, City of Yorba Linda
Client Client Contact
City of Yorba Linda
4845 Casa Loma Avenue
Yorba Linda, CA 92886
Rick Yee, PE
Deputy Director Public Works/Assistant City Enginee r
(714) 961-7171
[email protected]

Dollar Value of Services $1,900,628
Dollar Value of Fee $110,000
Staffing Tyrone Peter – Project Manager; Matt Crim – Civil D esign Lead; Minh Phan Duration 6 Months
Project Description
Willdan is providing design services for the Bastan chury Road Median Project from Fairmont Boulevard t o Village Center Drive. The services will include preparation of plans, specifications, and estimates to provide an additional lane of traffic in each direction within the projec t limits – resulting in two 12-foot travel lanes in each direction with 5-foot bicycle lanes within the existing 64-foo t curb-to-curb street width. This requires reducing the existing landscaped median width to 6 feet. The City's
Request for Proposal discusses an understanding of
the City’s Storm Drain Master Plan improvements.

We do not anticipate the impervious area created
by the additional pavement width would negatively
impact the existing storm drain system. However,
our project team members will review the City’s
existing Storm Drain Master Plan to verify the
existing improvements are adequate to capture the
run-off created by the additional impervious area.

The landscaping within the medians will be removed
with new landscape improvements included in the
project design. Willdan's staff will coordinate the median landscaping with the City’s Landscape Maint enance District and Public Works Maintenance staff. We wil l review the existing irrigation system within the medians and prepare a brief report with recommendations for pot ential re-use of the system where feasible. The new landscape palette and irrigation legend will be sub mitted to the City for review and approval prior to preliminary design.

Willdan will provide design survey services to obta in existing elevation cross sections at 25-foot intervals. The survey will provide the necessary information to me et the City’s desired cross slope of less than 2 per cent from the new median to the pavement adjacent to the existing outer edge of gutter. Design support services duri ng the bidding and construction phases will be provided. S anta Ana Region MS4 requirements for the project wil l be verified and confirmed that all requirements are me t.

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Technical Competence
Willdan Engineering possesses comprehensive technic al competence and extensive in-house resources to successfully deliver the E Street Median Safety Imp rovements project, including state-of-the-art compu ter capabilities, specialized software applications, an d multi-disciplinary staff expertise.

In-House Technical Resources and Software Capabilities
Willdan maintains advanced computer capabilities an d industry-leading software applications for transportation design and pavement rehabilitation a nalysis. For word processing and spreadsheets, Will dan has standardized on Microsoft Word and Excel availa ble on all workstations. Microsoft Project for Wind ows serves as the standard for project scheduling, with Primavera also available for complex scheduling requirements. For presentations, the firm utilizes Microsoft PowerPoint, Visio, and Adobe PhotoShop.

Database applications employ Microsoft SQL server a long with various other database programs. For traf fic studies, Willdan uses SYNCHRO, Traffix, PC Warrants , and HCS software to analyze traffic operations an d signal timing. The firm has expertise in computer-aided dr afting and design (CADD) across all disciplines, us ing Bentley's MicroStation V8 and AutoDesk's AutoCAD Ver sions 2010 and 2011, with all versions supported.

Willdan possesses the capability of translating fro m and to a variety of graphics formats including IG DS, DXF, and IGES for all platforms, with working files exch anged via email, FTP, CD, or other media. Integrate d CADD design software includes Bentley's InRoads and Auto Desk's Civil 3D for roadway and channel alignment de sign, providing capabilities in alignment calculations (C OGO), digital terrain modeling, cross-section analy sis, earthwork quantities, and many others.

Multi-Disciplinary Staff Capability for all RFP Services Willdan's ability to draw upon multi-disciplinary s taff addresses all services requested in the E Street project RFP. The firm provides comprehensive civil engineer ing design services including stormwater management with retention, detention, rehabilitation, conserva tion and quality control solutions necessitated by regulations. Structural design capabilities encompa ss retaining walls, soil stabilization retaining st ructures, and slab bridge structures. Traffic engineering expertise includes traffic striping and signing, traffic c alming layouts, understanding of local road and traffic conditions, traffic control devices, and adequacy of transport ation facilities. Geotechnical engineering support includ es geology services, material testing, and full-service certified soil and material testing laboratory capa bilities. Right-of-way engineering encompasses cond ucting research for and preparing legal descriptions and p lats for easements and dedications, map revision fi ling, document support for acquisitions, and expert testi mony for litigation matters as necessary. Environme ntal compliance services include preparing CEQA/NEPA doc umentation, biological assessments, cultural resour ce studies, and coordinating with regulatory agencies. Utility coordination services involve identificati on, coordination, relocating, and mapping of utility fa cilities. Survey and mapping services encompass bou ndary and topographic surveys, subdivision mapping, GPS/G NSS surveys, construction staking, and right-of-way acquisition support. ArcGIS tools and AutoCAD desig n technology utilize the most advanced software ver sions and resources for computer modeling of topographic contouring and buried network facilities.

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Proposed Method to Accomplish the Work
Willldan’s approach encompasses deliberate and focu sed communication with regard to schedule maintenan ce and “active listening” to address client concerns. This practice improves personal relationships, redu ces misunderstanding and conflicts, strengthens coopera tion and fosters understanding. It is proactive, ac countable, and professional. We prefer a “Project First” deci sion-making style, where every decision weighs what is in the best interests of the project’s goals, our client’s expectations, and those of the project’s stakehold ers.

Willdan’s project management approach for providing a high-quality project bid package emphasizes meet ing schedule milestones while monitoring and containing project costs, as follows:
 Prepare a Work Plan that addresses staffing and assignments, scop e of work, deliverables, budget, and schedule. The Work Plan provides definitive direct ions to the project team as agreed to by the City o f Downey.
 Develop a Schedule that defines each task needed to meet key milestone dates. Using open dialogue with our team, the City’s project staff, and stakeholder s, Willdan will make adjustments, as needed, to meet the project delivery goals. The overall project schedule will focus on the design of the proposed cap ital improvements, utility notices and relocations, and right-of-way appraisals.  Conduct project team meetings to facilitate informed discussions and decisions an d team consensus on solutions and action items. All team members are k ept informed via complete and accurate meeting minutes that highlight decisions, action items, and prompt follow-through.  Consistently use project tracking tools , such as Issues Logs, Decision Logs, monthly progr ess reports and schedule updates.
 Research and Development . Having a comprehensive and accurate base map and verifying field conditions is critical to developing a design that addresses potential utility conflicts. This includes prompt utility requests to obtain necessary information re garding buried facilities. Other record improvement drawings such as signing and striping and street im provement as-builts – together with photographs, an d field observations will make-up the remainder of th e resources used to compile the base mapping.  Utility Coordination. We will expedite utility coordination by proactivel y coordinating with the utility companies early and frequently throughout the proce ss. Our emphasis – once we have the identified facility locations – will be to continue our commun ications with them to define necessary relocations or eliminate their need to make changes in existing fa cilities.  Preliminary Design . Having a comprehensive and preliminary design tha t incorporates existing topographic conditions, field review, utility information, and crosswalk enhancements is critical to developing a design that addresses any potential ut ility conflicts, existing infrastructure impacts to the project, and the feasibility of the overall design. Impact identification at this stage is critical t o control construction cost and minimize construction delays. Critical items that could delay the project or ad d to the construction cost include on-site element reloc ation and utility relocations.  Design . We will begin the final design (plans, specificat ions, and construction estimate) as soon as the 60% design plans have been approved and the City concur s with the preliminary alignment of the proposed improvements.
 Services during Construction and As-Built Plans . Our project manager and team leads will be availa ble to the City during the bid and construction phase of w ork to provide technical assistance as needed to finalize the project. Upon completion of constructi on and receipt of the contractor’s and inspector’s red- line control plan sets, we will review and clarify any apparent conflicts in as-construction notations , and then prepare an as-constructed set of record drawin gs for the City’s file.

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Project Controls
Willdan’s project control system is designed to pro vide a coordinated effort between all task facets of a pro ject in the framework of the pre-established master schedule, b udget controls, and reporting system. The work breakdown structure subdivides the work into manageable segments and is the basis for our project managers’ project control plan. The work breakdown structure is tailored to specific project needs, but generally has typical elements, including codes to identify work segments and engineering disciplines, weekly report s, and project resources schedule.

Cost Control
The budget control system is prepared in accordance with the work breakdown structure. The budget becomes the control against which performanc e is measured. The budget is time phased by combining project master scheduling data with bu dget data. Actual costs are compared with budgeted costs and variances analyzed. Deviations between pl anned and actual cost can then be evaluated to fore cast and control future work.

Schedule Control
A critical path method master schedule will be prep ared following the notice to proceed. The schedule will identify major items of work and will be the vehicle for monitoring, controlling, and tracking progress. The schedule will be updated mon thly to reflect actual and forecasted completions. This allows our project managers to an ticipate and forecast potential issues and develop an advanced strategy to proactively mitigat e problems before they impact the schedule.

Progress Reporting
The submittal requirements and format for consisten t monthly reporting of project costs and status will be confirmed with the City during the p roject start-up period. The status report will contain a project performance summary, action items , outstanding items to be resolved, an updated schedule, and a comparison and narrative of budgeted costs versus actual costs.

Quality Assurance and Control
Quality assurance and control procedures are critic al to ensuring sound engineering practices and quality deliverables are produced for our clien ts. Willdan operates daily under a company- wide Quality Assurance/Quality Control (QA/QC) Prog ram. In accordance with Willdan’s QA/QC Manual, a QA/QC officer is assigned to every contra ct. As part of his daily responsibilities, Tyrone Peter, PE, will provide quality assurance oversight. Project- specific QA/QC activities will be planned at the be ginning of each project. Typical QA/QC activities include assi gning the appropriate technical staff to the project, selecting the proper project technical approach, establishing a project schedule that meets internal Willdan and City deadlines, and determining the proper level of QA/Q C review. There are four levels of QA/QC review for project deliverables:

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The two major components of the QC review are techn ical and communication reviews. A Level 3 QC review will be performed on the engineering design plans, specifications, and cost estimate to ensure the des ign is sound and appropriate and confirm deliverables meet the scope of work requirements. Project documents, including letters and correspondence, are subject t o a Level 2 QC review to ensure deliverables are rea sonably organized, text and presentation are understandable and easy to follow, any required formats are follo wed, and there are no grammatical or spelling errors.

Scope of Services
Willdan will furnish all services detailed below as required and necessary to develop Plans, Specifications, and Estimates (PS&E) including providing construction s upport in accordance with specified guidelines to p rovide a complete construction ready project.

Task No. 1. Project Management
Willdan will conduct all tasks necessary to complet e the project, including day-to-day project management, meetings, progress reports, project communication and agency follow-up , project scheduling and tracking, invoicing, and overall adm inistration of the project. Willdan's project management approach to m anage and control the project is expected to include, but not be limited to:
 A project pre-design (kick-off) meeting will be sch eduled to include City staff. The City will provide a detaile d
explanation of the project scope and schedule. Majo r
aspects of the project will be discussed including the design criteria, utility coordination, plan preparation and specifications, estimates, submittal reviews, b id process, and anticipated construction issues.  In addition to the kick-off meeting, Willdan will a ttend regular monthly progress meetings virtually w ith City staff and stakeholders to discuss project stat us, budgets, schedule, and review of the various de sign submittal stages. Request for attendance at additio nal meetings other than those discussed above (a to tal of 6 meetings) will be for an additional fee.
 Willdan will prepare and distribute meeting agendas and minutes for all project meetings. Meeting minutes will be distributed within seven (7) calenda r days of the meeting.  Willdan will submit monthly invoicing to the Projec t Engineer via e-mail and shall include all subcons ultant and direct costs. Invoices will also include detail s of billed and remaining budget for each task.  Develop and monitor a critical path method project schedule using Microsoft projects software. The schedule will identify each task, start, and end da tes, and duration. The schedule will be updated mon thly and submitted with the progress report.

Task No. 2. Preliminary Investigation/Site Assessment
Records Research
Willdan will obtain available as-built drawings, su rvey data, utility contacts, and any other pertinent information from the City. The research may include assessor parcel maps, tract ma ps, recently completed or planned improvement drawings, as-built drawings for street, signing, striping, street lighting, and sto rm drain, as well as municipal improvements such as water and sewer as-b uilts, atlases, and/or GIS information. Willdan will verify known u nderground utilities to avoid conflicts with the pr oposed crosswalk improvements.

Task No. 1 Deliverables
 Work Plan
 Meeting Agenda
 Meeting Minutes
 Monthly Invoices
 Schedule
 Project History File
Task No. 2 Deliverables
 Field Review Notes
 Photo Log
 Topo Survey in AutoCAD Format
 Utility Notice Log

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Field Review
Willdan will conduct a field review of the project location on E Street, from Fairway Drive to 10th Stre et to verify the accuracy and completeness of existing infrastru cture data against the proposed scope of work. The review will also identify topographic features that may influen ce the design of high-visibility crosswalks, curb e xtensions, and median refuge islands with new ADA-compliant curb r amps. In addition, Willdan will confirm the locatio n and type of existing improvements, intersection geometry, po sted speed limits, on-street parking conditions, an d any other factors that could impact the proposed safety enhan cements.

Design Survey
Willdan’s survey subconsultant, Rosell Surveying , will perform topographic and boundary survey nece ssary to support the design of the proposed median upgrades.

The topographic portion of this survey will be perf ormed at maximum 25’ intervals through the bus lanes , and will include but not be limited to: existing median curb and gutter, returns, finished surfaces, surface u tility features, utility and light poles, striping, and other surfac e features as needed. Survey limits will extend fro m the intersection of E Street and Fairway Drive to the i ntersection of E Street and 10 th Street.

The survey will be tied to the California State Pla ne Coordinate System (CCS83) and the nearest City or County vertical benchmark..

Aerial Survey
Willdan will conduct an aerial survey to get the co mplete topography of the existing roadway. This sur vey will be used to provide driveways, access ramps, roadway li mits, etc. that will be needed for the street rehabilitation and the signing and striping layouts.

Utility Coordination
Willdan will mail notices to the utility companies in accordance with the City’s procedures. Documenta tion of contacts and responses will be copied to the City. Willdan will prepare the utility notices and delive r them to the City for mailing under City letterhead. If so desir ed by the City, Willdan can transmit these notices under Willdan’s letterhead; however, the City shall be responsible for any fees assessed to Willdan by the utility com panies. In either case, all responses, questions, and correspo ndence from the utility companies will be addressed to Willdan’s utility coordinator. Willdan will also provide util ity dispositions identifying existing utility locations above and below ground. Willdan will be responsible for the f ollowing:
 Notify and coordinate with the utility agencies regarding project-related modifications to their facil ities.

Determine special requirements for utility faciliti es, including protection, right-of-way, and constru ction methods within the vicinity of the utility.
 Provide a second utility notification letter (Prepare to Relocate) after completion of the 60% design p lans and a third utility notification letter (Notice to Relocate) upon completion of the Final design plans .  If necessary, provide a fourth utility notification letter (Notice to Relocate Immediately).  Submit a preliminary and final set of plans to each utility company that provides the location and the conflict area clouded to show the utility companies the areas that conflict.  Verify that the project’s final design is compatibl e with known utilities in the project area to be in stalled, relocated, adjusted, or otherwise modified, includi ng adding utility relocation windows into the construction schedule, as necessary.

Task No. 3. Preliminary Design (35%)
Willdan understands that the primary purpose of thi s project is to build raised medians. The raised medians will enhan ce the safety of the street for the community and for the visiting t ourists. In addition, the river rock of the proposed medians will improve the aesthetics of this road for motorists as it replaces the damaged delineators.

Task No. 3 Deliverables
 35% conceptual design in PDF
Format

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Willdan will provide a conceptual plan with the med ian layout, grading limits, drainage impacts, utili ties, pavement delineation, and signage.

As part of our field review, research and data gath ering, Willdan would like to arrange a meeting with the City's maintenance facilities managers and/or supervisor t o obtain as much detailed information as possible r egarding the proposed improvements (e.g., drainage, hardscap e, trees to remain, etc.). This input will provide specific recommendations pertaining to the improvements for the purposes of maximizing the budgets. Additionall y, the purpose of the meeting is to get first-hand knowled ge about the existing site conditions and discuss p roposed modifications to accommodate the new hardscape area s. Furthermore, this field review will also identif y potential design constraints and conflicts and observe genera l site conditions.

Willdan has reviewed the provided PCI Map and the p avement conditions in the field. We noticed that th ere is a large variance in the condition of the pavement and that is consistent with the PCI Map as we see a ra nge from as low as 13 to as high as 76. Willdan will work with the city to determine the best pavement strategy for each segment.

We understand the intent is to minimize the damage to the loops and existing improvements.

Task No. 4. Environmental Documentation
Upon receiving E-76 for PE, prepare appropriate envir onmental documents. Willdan assumes this project will requi re a Categorical Exemption for CEQA compliance and a Categorical Exc lusion without technical studies for NEPA compliance and excludes the preparation of technical studies or acquiring permits and/or
cooperative/maintenance agreements. If required by Caltrans Environmental group and desired by the City, Willda n can amend this proposal and corresponding fee to provide additiona l scope to prepare required technical studies and/or other typ es of environmental documents, obtain special permits and /or agreements, or prepare System Engineering Managemen t Plan (SEMP) for ITS projects.

Task No. 5. Public Outreach
The Willdan team will collaborate with city staff i n the preparation of exhibits for public meetings. These exhibits will include strip maps showing the project limits and features supported b y typical cross sections that reflect the most common project featu res. Additional exhibits will also be prepared to show the median l imits and the types of vertical physical barriers. Comments and feedback from the meeting will be summarized, discu ssed, and resolutions will be documented and incorp orated into the project if supported by the City.

Task No. 6. Design Development (85%)
Willdan will perform due diligence research to supp ort project completion, including existing drainage conditions, grading, traffic issues, coordination and necessary engineering site visits Identify existing utilities on contract drawings. We will th en prepare engineering design plans for the proposed design of high-visibility crosswalks, curb extensions, and median refuge isla nds with new ADA-compliant curb ramps. Design plans will be prep ared in accordance with the City 's drafting standards, for mats, and conventions. Plans will be computer-draft ed in AutoCAD 2025 format for standard 24-inch by 36-inch pla ns and comply with City of San Bernardino Standards , Greenbook, and Caltrans' latest standard plans and specifications and the California Manual on Uniform Traffic Task No. 4 Deliverables
 Prepare CEQA Notice of
Exemption and a brief justification
statement. File on City’s behalf
with County Clerk and upload to
the OPR CEQAnet database.
 Prepare LAPM Exhibits 6-A
Preliminary Environmental Study
(PES).
 Submit package to the Caltrans
DLAE along with applicable
attachments.

Task No. 5 Deliverables
 Exhibits and Design memorandum
Task No. 6 Deliverables
 85% design drawings (Plan &
Profiles), specifications, and
estimate

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Control Devices (CA MUTCD). Design plans will be su bmitted in electronic PDF format at the 85% submitta ls for the City’s review and comment. Final approved drawings will be plotted on bond, stamped and signed by a Ca lifornia- licensed professional engineer.

Design Plans
Design plans will be prepared in accordance with th e City of San Bernardino’s drafting standards, form at, and conventions. Final plans will be computer-drafted i n AutoCAD format for standard 24”x36” plans. The stree t improvement plans and accompanying detail sheets wi ll provide the construction contractor with all nec essary information to execute the project effectively. Signing and striping plans will also be included, covering the proposed raised median with bus lanes and all associated traffic markings along both directions of E Street, from Fairway Drive to 10th Street.

The 35% preliminary plans will be prepared and submi tted to the City for review and Willdan will conduc t a Design Workshop and present Project Background and Scope, Technical information, Project Timeline and Cost. A fter the City’s 35% comments have been addressed and addition al information is added to the PS&E to a 85% complet ion level, the PS&E will again be submitted for review and comments.

Civil Design Plans
Civil design plans are to include pavement improvem ents, utility base mapping, median improvements, ne cessary drainage details, etc. The plans shall be at a hor izontal scale of 1” = 40’ with a 1”=8’ Vertical scale. W e believe 40- scale plans will be a cost-effective approach and t he plans will be clear from bid and construction. T his will mirror the format of the plans that were completed by KOA for the Hospitality Lane Improvement Project.

Striping and Signing
The Willdan team will document all existing traffic striping, pavement markings, and signage within the project limits on E Street, from Fairway Drive to 10th Street, and w ill develop plans supporting the proposed median improvements. The design will include, but not be l imited to, proposed striping, curb markings, street legends, crosswalks, and other related markings and signage that require installation, replacement, or removal. The plans will also identify redundant or unnecessary signage and recommend new signs to enhance overall roadway safe ty.

Traffic Signal Detection Loops
Willdan understands that the City does not wish to reconstruct the loops. Willdan will, to the maximum extent feasible, design a pavement and median improvement strategy that will protect the loops in place. If necessary, they will be replaced per modern standards and resp liced at the existing PB location. Willdan does not anticipate any signal modification plans.

The plan set will be comprehensive and include:
 Title Sheet with project identification and key inf ormation.  Typical Sections illustrating roadway geometry and design intent.  Detailed Median Sheets specifying elevations, slope s, horizontal control, curve data, and dimensions necessary for accurate field construction.
 Signing and Striping Plan to ensure proper traffic control and visibility.  Additional sheets and details required to produce a complete 100% bid-ready Plans, Specifications, and Estimate (PS&E) package.

Each component will be prepared in accordance with City of Banning standards, Caltrans specifications, and the California Manual on Uniform Traffic Control Device s (CA MUTCD).

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Task No. 7. Final Engineering
Design Plans
Once 90% comments are addressed, 100% plans specificati ons and estimates will be submitted for City’s approval and the PS&E will be advertising for bids.

Willdan will provide ongoing support services during the bid/award phase and construction phase, if the city approves.

Technical Specifications
Willdan will compile the final technical specificat ions and incorporate the federal requirements in compliance with the LAPM. P er LAPM standards, this may have to be revisited as an addendum if new prevailing wage requirements are released prior to bid opening.

Construction Estimates
Willdan will address the 90% comments on the estimate s are review and updated bid result data that may have become availa ble between the deliverables.

Progress Invoicing
Prepare progress invoices (3 max) at least every 6 months. Monitor the Inactive Obligations List and Project End Date (PED ) on the Caltrans Local Assistance website and notify City staff of any pen ding deadlines to submit invoice.

Request for Authorization Construction (RFA CON)
Upon receiving right of way certification, begin preparing RFA CON package to initiate the obligation of federal funds by Caltrans for the construction of the project.

Task No. 7 Deliverables
 Final Stamped and Signed PS&E
Package for advertisement
 Prior to consultant contract award
or after consultant contract award
but not later than the first
consultant invoice, verify that the
City has completed LAPM Exhibit
10-C online.
 Prepare LAPM Exhibit 5-A based on
the following items provided by the
City: copies of consultant invoices,
cancelled checks, E-76, executed
Program Supplement Agreement,
and Caltrans Finance Letter.
 Submit package to the Caltrans
DLAE.
 Prepare LAPM Exhibits 3-A and
required supporting documents.
 Submit package to the Caltrans
DLAE with the final signed P&S.

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Schedule

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Fee Proposal
As requested by the City, Willdan has included our Fee Proposal as a separate upload within Planetbids .

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Insurance
As requested by the City, Willdan has included the requested Insurance Acknowledgement form supplied b y the City.

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Litigation
Willdan Engineering has normal workers compensation , auto, and liability litigation in the course of o ur daily operation and none of the litigation materially impacts the financials of our company or will impact t he performance of this agreement.

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Other Information
Prior San Bernardino Experience
Willdan has provided comprehensive engineering and infrastructure support services for the City of San Bernardino, supporting a wide range of municipal an d transportation initiatives. Representative projec ts include the 4th Street Angled Parking Project, Pavement Reha bilitation at 14 Locations, Traffic Signal Improvemen ts at I- 210 Freeway and Waterman Avenue, and the 28th Street Tra ffic Calming Project. Additional services have incl uded on-call traffic engineering services, engineering and traffic surveys, storm drain improvements along H Street, and construction observation and plan check services. T hrough these projects, Willdan has assisted the Cit y in improving roadway safety, traffic operations, and p ublic infrastructure while providing reliable techn ical support and staff augmentation across multiple departments.

Conflict of Interest
Willdan attests that we have no conflicts of intere st in connection with the requested services.

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Certification of Proposal
The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City i n accordance with the Request for Proposal (RFP), and to be boun d by the terms and conditions of the RFP. Willdan h as included the requested Certification of Proposal form on the following page.

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CITY OF SAN BERNARDINO
E Street Median Safety Improvements Plans, Specifications and Estimate Deputy Director -
Project Manager
Project Manager
IV - Traffic Lead
Supervising
Engineer - Civil
Design lead
Assistant
Engineer IV
Assistant
Engineer III
Assistant
Engineer II
Assistant
Engineer I
Utility
Coordinator
Federal
Compliance
Specialist
Principal Project
Manager - Survey
Senior Survey
Analyst Expenses
$238.00 $253.00 $226.00 $180.00 $169.00 $160.00 $146.00 $172.00 $220.00 $247.00 $187.00 Task 1 - Project Management
Project Management 48.0 16.0 16.0 80.0 - $ - $ 19,088.00 $ Kick Off Meeting 1.0 1.0 1.0 3.0 - $ - $ 717.00 $ Progress Meetings (5 Virtual Meetings) 2.5 2.5 2.5 7.5 - $ - $ 1,792.50 $ Subtotal 51.5 19.5 19.5 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 90.5 - $ - $ 21,597.50 $ Task 2 - Preliminary Investigation/Site Assessment
Records Research 8.0 8.0 2.0 2.0 20.0 - $ - $ 3,428.00 $ Field Review 16.0 16.0 32.0 200.00 $ - $ 5,784.00 $ Topo Survey 2.0 2.0 4.0 - $ 35,050.00 $ 35,918.00 $ Aerial Survey 2.0 2.0 4.0 - $ 16,340.00 $ 17,208.00 $ Utility Coordination 2.0 16.0 18.0 - $ - $ 3,258.00 $ Subtotal 0.0 2.0 0.0 24.0 24.0 0.0 2.0 18.0 0.0 4.0 4.0 78.0 200.00 $ 51,390.00 $ 65,596.00 $ Task 3 - Preliminary Design (35%)
Conceptual Median Layouts 4.0 4.0 8.0 16.0 16.0 24.0 72.0 - $ - $ 12,860.00 $ Cost Estimates 0.5 1.0 1.0 4.0 4.0 8.0 18.5 - $ - $ 3,162.00 $ Federal Compliance Forms 20.0 20.0 - $ - $ 4,400.00 $ Subtotal 4.5 5.0 9.0 20.0 20.0 0.0 32.0 0.0 20.0 0.0 0.0 110.5 - $ - $ 20,422.00 $ Task 4 - Environmental Documentation
NEPA - Categorical Exclusion 0.5 1.0 1.0 4.0 4.0 12.0 22.5 - $ - $ 3,746.00 $ CEQA - Categorical Exemption 0.5 1.0 1.0 2.0 2.0 8.0 14.5 - $ - $ 2,464.00 $ Subtotal 1.0 2.0 2.0 6.0 6.0 0.0 20.0 0.0 0.0 0.0 0.0 37.0 - $ - $ 6,210.00 $ Task 5 - Public Outreach
Meeting 2.0 2.0 2.0 6.0 - $ - $ 1,434.00 $ Exhibit Preparation/Pre Meeting Preparation 2.0 2.0 2.0 24.0 30.0 - $ - $ 4,938.00 $ Subtotal 4.0 4.0 4.0 0.0 0.0 0.0 24.0 0.0 0.0 0.0 0.0 36.0 - $ - $ 6,372.00 $ Task 6 - Design Development (85%)
Title Sheet (1 Sheet) 0.5 1.0 1.0 2.0 2.0 8.0 14.5 - $ - $ 2,464.00 $ Details and Construction Notes (3 Sheets) 4.0 4.0 4.0 16.0 8.0 16.0 24.0 76.0 - $ - $ 13,164.00 $ Median Improvement Plan and Profile Sheets (22 Sheets) 4.0 24.0 32.0 280.0 340.0 - $ - $ 52,664.00 $ Signing and Striping (8 Sheets) + TC Plans (8 Sheets) 4.0 16.0 24.0 60.0 60.0 164.0 - $ - $ 28,220.00 $ Project Specifications 0.5 2.0 1.0 6.0 6.0 8.0 23.5 - $ - $ 4,113.00 $ Cost Estimates 0.5 1.0 1.0 2.0 4.0 4.0 12.5 - $ - $ 2,218.00 $ Federal Compliance Forms 16.0 16.0 - $ - $ 3,520.00 $ Subtotal 13.5 24.0 31.0 50.0 112.0 16.0 384.0 0.0 16.0 0.0 0.0 646.5 - $ - $ 106,363.00 $ Task 7 - Final Engineering (100%)
Title Sheet (1 Sheet) 0.5 2.0 2.5 - $ - $ 411.00 $ Details and Construction Notes (3 Sheets) 2.0 1.0 1.0 4.0 6.0 8.0 22.0 - $ - $ 3,857.00 $ Median Improvement Plan and Profile Sheets (22 Sheets) 2.0 12.0 4.0 8.0 24.0 50.0 - $ - $ 8,648.00 $ Signing and Striping (8 Sheets) + TC Plans (8 Sheets) 2.0 12.0 16.0 24.0 40.0 94.0 - $ - $ 16,288.00 $ Project Specifications 0.5 1.0 1.0 8.0 8.0 8.0 26.5 - $ - $ 4,558.00 $ Cost Estimates 0.5 1.0 1.0 2.0 2.0 4.0 10.5 - $ - $ 1,880.00 $ Federal Compliance Forms 32.0 32.0 - $ - $ 7,040.00 $ Subtotal 7.5 15.0 15.0 30.0 44.0 8.0 86.0 0.0 32.0 0.0 0.0 237.5 - $ - $ 42,682.00 $ TOTAL (Tasks 1 thru 7) 82.0 71.5 80.5 130.0 206.0 24.0 548.0 18.0 68.0 4.0 4.0 1236.0 200.00 $ 51,390.00 $ 269,242.50 $ Notes
Any staff classifications not shown will be billed per Willdan Engineering's 2025-2026 Schedule of Hourly Rates.

REVISED FEE SCHEDULE
Monday, March 16, 2026

WILLDAN ENGINEERING
SUMMARY TASK Estimated Hours
Calvada
Surveying
(Subconsultant)
Estimated Cost

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: April 15, 2026
To: Honorable Mayor and City Council Members
From: Lynn Merrill, Director of Public Works;
Azzam Jabsheh, Deputy Director of Public Works/City Engineer Department: Public Works
Subject: Award Design Services Agreement to Bureau Veritas Technical Assessments LLC for Development of the
Citywide ADA Self-Evaluation and ADA Transition Plan
and Preparation of ADA / Section 504 Compliance
Documentation, CIP No. SS24-010, in the Amount of
$896,053.75 and Contingency of $103,946.25 for a Total
Amount of $1,000,000 (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California;

1. Approve the award of a Design Services Agreement with Bureau Veritas Technical Assessments LLC in the amount of $896,053.75 for the Citywide ADA & Section 504 Compliance Program Development and Implementation Project (CIP No. SS24-010); and

2. Authorize a contingency amount of $103,946.25, bringing the total authorized amount for the agreement to $1,000,000; and

3. Authorize the City Manager or designee to execute all documents associated with the agreement with Bureau Veritas Technical Assessments LLC; and

4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project.

City Manager's Comments
The City Manager recommends approval of the award of design services agreement with Bureau Veritas Technical Assessments LLC in the amount of $896,054.

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Executive Summary
Approval of the proposed Design Services Agreement with Bureau Veritas Technical Assessments LLC will allow the City to proceed with development of a Citywide ADA Self-Evaluation and ADA Transition Plan and preparation of required ADA / Section 504 compliance documentation.

This effort is required to address findings identified by the California Department of Transportation (Caltrans) and to support the City’s ADA Program Assessment submittal by the required deadline. The project includes evaluation of City programs, facilities, and public right-of-way infrastructure and development of accessibility inventories, policies, and transition planning documentation. The scope of work does not include construction, and implementation of improvements will be completed through future capital improvement projects.

Following a competitive procurement process, including evaluation of proposals and interviews with the top-ranked consultants, Bureau Veritas Technical Assessments LLC was determined to be the most qualified firm based on its experience, technical approach, and demonstrated understanding of the project requirements.

Timely completion of this work is critical to ensure the City meets the required Caltrans ADA Program Assessment submittal deadline of June 30, 2027.

Background
The Americans with Disabilities Act (ADA) requires public agencies to ensure that programs, services, and activities are accessible to individuals with disabilities. Under Title II of the ADA, municipalities must conduct a self-evaluation of their programs and facilities and develop an ADA Transition Plan that identifies barriers to accessibility and establishes a strategy for achieving compliance.

The City of San Bernardino is subject to periodic ADA / Section 504 Program Assessments conducted by the California Department of Transportation (Caltrans) Division of Local Assistance, particularly for agencies that receive federal transportation funding. Recent findings from the Caltrans ADA compliance review require the City to prepare updated documentation demonstrating compliance with ADA program requirements.

To address these requirements, the City initiated the Citywide ADA & Section 504 Compliance Program Development Project (CIP No. SS24-010). This effort will include preparation of a comprehensive ADA Self-Evaluation, development of an ADA Transition Plan, and preparation of supporting policies, procedures, inventories, and documentation necessary to demonstrate compliance with federal accessibility regulations.

Completion of this work will allow the City to submit the required documentation to Caltrans and establish a structured plan for addressing accessibility barriers across

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City programs and facilities.

Discussion
Staff recommends approval of a Design Services Agreement with Bureau Veritas Technical Assessments LLC in the amount of $896,053.75 for development of the Citywide ADA Self-Evaluation and ADA Transition Plan and preparation of ADA / Section 504 compliance documentation. Bureau Veritas Technical Assessments LLC’s project team includes licensed professionals and Certified Access Specialists (CASp) with significant experience in accessibility assessments, programmatic compliance reviews, and preparation of ADA compliance documentation.

Under this agreement, the consultant will perform the following key services:
Conduct a Citywide ADA Self-Evaluation of City programs, services, and activities
Perform accessibility assessments of City facilities and selected public right-of- way infrastructure
Develop accessibility barrier inventories and supporting GIS-based documentation
Prepare a comprehensive ADA Transition Plan identifying barriers and prioritizing corrective actions
Develop required ADA policies, procedures, and public notices Prepare documentation required for the City’s Caltrans ADA / Section 504 Program Assessment submission
The scope of work does not include construction or physical implementation of accessibility improvements. Instead, the project establishes the City’s ADA compliance documentation and long-term accessibility planning framework. Improvements identified through this effort will be implemented through future capital improvement projects and separate solicitations.

This effort is being undertaken in response to findings identified by Caltrans through its ADA / Section 504 Program Assessment. Timely completion of this work is critical to ensure the City meets the required Caltrans submittal deadline of June 30, 2027.

The contingency amount is included to address potential additional services that may be required during the course of the project. These may include expanded data collection, additional facility or public right-of-way assessments, coordination with City departments and stakeholders, refinement of GIS-based inventories, or updates to documentation required to address Caltrans ADA / Section 504 Program Assessment findings. The contingency provides flexibility to accommodate these potential needs without requiring delays to the project schedule.

Procurement Process
The City issued Request for Proposals (RFP) F-26-1045 and received three (3) proposals from the following firms:

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Consultant Proposed Fee ($)
Bureau Veritas Technical Assessments LLC $896,053.75
Matrix Design Group, Inc. $850,145.00
Michael Baker International $1,658,161.00
City staff conducted an evaluation of the proposals based on the criteria established in the RFP, including qualifications, experience, technical approach, project team, and fee proposal.

Based on the evaluation, Bureau Veritas Technical Assessments LLC was identified as the top-ranked consultant, followed by Matrix Design Group, Inc. as the second- ranked proposer.

To further confirm the consultants’ understanding of the project requirements and their ability to successfully deliver the scope of work, the City invited the top two ranked consultants to participate in separate interviews and presentations. The interviews were conducted with participation from Public Works and Risk Management to allow for review of the consultants’ approaches and to address risk-related considerations associated with ADA compliance.

Each consultant was asked the same set of pre-established questions to ensure consistency and fairness in the evaluation process.

Following the interviews and internal discussion among the evaluation panel, staff confirmed that Bureau Veritas Technical Assessments LLC demonstrated the strongest overall understanding of the project requirements, regulatory framework, and approach to delivering the required ADA documentation. While Matrix Design Group, Inc. submitted a lower fee proposal, Bureau Veritas Technical Assessments LLC was determined to provide the best overall value based on its superior qualifications, technical approach, and demonstrated understanding of the City’s ADA compliance requirements.

Based on the completed evaluation and interview process, staff recommends proceeding with Bureau Veritas Technical Assessments LLC as the most qualified and responsive consultant.

Approval of the proposed agreement will allow the City to proceed with development of the required ADA documentation and maintain progress toward meeting regulatory compliance requirements.
2021-2025 Strategic Targets and Goals
This project supports Goal No. 4 – Improve Quality of Life, which focuses on maintaining and improving public facilities and services to ensure they remain safe, accessible, and inclusive for all residents.

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Development of the Citywide ADA Self-Evaluation and ADA Transition Plan will provide the City with a structured framework for identifying accessibility barriers and prioritizing improvements that enhance accessibility to City facilities, programs, and services.

Fiscal Impact
The Citywide ADA & Section 504 Compliance Program Development Project (CIP No.

SS24-010) will be funded through a combination of Measure S and Gas Tax funding sources as adopted in the City’s FY 2025-2026 Capital Improvement Program budget.

Funding allocation is as follows: (Measure S: $500,000 and Gas Tax: $500,000) There are sufficient funds available in the Capital Improvement Program budget to support the proposed Professional Design Services Agreement and associated contingency.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California;

2. Authorize a contingency amount of $103,946.25, bringing the total authorized amount for the agreement to $1,000,000; and

3. Authorize the City Manager or designee to execute all documents associated with the agreement with Bureau Veritas Technical Assessments LLC; and

4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project.

Attachments
Attachment 1 - Design Service Agreement
Attachment 2 - Proposal, Bureau Veritas Technical Assessments LLC Attachment 3 - Location Map
Ward:

All Wards
Synopsis of Previous Council Actions:

June 04, 2025 FY 2025/2026 Budget Presentation (All Wards) CC

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Eric Levitt, City Manager

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1 CITY OF SAN BERNARDINO

DESIGN SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into as April 15, 2026 (“Effective Date***) by and between the City of San Bernardino , a charter city and municipal corporation organized and operating under the laws of the State of California , with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401 (“City”), and Bureau Veritas Technical Assessments LLC, a California Corporation, with its principal place of business at 6021 University Boulevard, Suite 200 , Ellicott City, MD 21043 (hereinafter referred to as “Designer”). City and Designer are sometimes individually referred to herein as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 City. City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.3 Project. City desires to engage Designer to render such services for Citywide ADA & Section 504 Compliance Program Development and Implementation CIP No. SS24- 010 ("Project") as set forth in this Agreement.

3. TERMS

3.1 Employment of Designer.

3.1.2 Term. The term of this Agreement shall be from April 15, 2026 to June 30, 2027, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.

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2 3.2 Project Designer; Key Personnel.

3.2.1 Project Designer. Designer shall name a specific individual to act as Project Designer, subject to the approval of City. Designer hereby designates Bureau Veritas Technical Assessments LLC (California Business License Number : 200632210117) to act as the Project Designer for the Project. The Project Designer shall: (1) maintain oversight of the Services; (2) have full authority to represent and act on behalf of the Designer for all purposes under this Agreement; (3) supervise and direct the Services using his or her best sk ill and attention; (4) be responsible for the means, methods, techniques, sequences and procedures used for the Services; (5) adequately coordinate all portions of the Services; and (6) act as principal contact with City and all contractors, consultants, e ngineers and inspectors on the Project. Any change in the Project Designer shall be subject to the City’s prior written approval, which approval shall not be unreasonably withheld. The new Project Designer shall be of at least equal competence as the prior Project Designer. In the event that City and Designer cannot agree as to the substitution of a new Project Designer, City shall be entitled to terminate this Agreement for cause.

✓ Michael Cunniff
• Title: Project Manager
• Education: Bachelor of Science, Architectural/Building Engineering Technology, New England Institute of Technology

✓ Bryon Scott, ADAC
• Title: Quality Assurance Manager
• Education: Bachelor of Science, Business Administration, University of Maryland
• License & Certification: ADA Coordinator and Trainer - ADA Coordinator Training Certification - Program, University of Missouri

✓ Justin Vang, CASp
• Title: Transition Plan Mnager

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3 • Education: Master of Science, Civil/Structural Engineering, California State University - Bachelor of Science, Civil Engineering, University of California • License & Certification: Certified Access Specialist | CASp-845

3.3 Hiring of Consultants and Personnel.

3.3.1 Right to Hire or Employ. Designer shall have the option, unless City objects in writing after notice, to employ at its expense architects, engineers, experts or other consultants qualified and licensed to render services in connection with the planning and/or administration of the Project, and to delegate to them such duties as Designer may delegate without relieving Designer from administrative or other responsibility under this Agreement. Designer shall be responsible for the coordination and cooperation of Designer’s architects, engineers, experts or other consultants. All consultants, including changes in consultants, shall be subject to approval by City in its sole and reasonable discretion. Designer shall notify City of the identity of all consultants at least fourteen (14) days prior to their commencement of work to allow City to review their qualifications and approve to their participation on the Project in its sole and reasonable discretion.

3.3.5 Draftsman and Clerical Support. Draftsmen and clerical personnel shall be retained by Designer at Designer’s sole expense.

3.4 Standard of Care.

3.4.1 Standard of Care . Designer shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals qualified to perform the Services in the same discipline in the State of California, and shall be responsible to City for damages sustained by the City and delays to the Project as specified in the indemnification provision of this Agreement. Without limiting the foregoing, Designer shall be fully responsible to the City for any increased costs incurred by the City as a result of any such delays in the design or construction of the Project. Designer represents and maintains that it is skilled in the professional calling necessary to perform the Services. Designer warrants and represents that all of its employees, architects, engineers, experts and other consultants shall have sufficient skill and experience to perform the Services

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4 assigned to them. Finally, Designer represents that it, its employees, architects, engineers, experts and other consultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services assigned to or rendered by them and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Designer shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Designer’s failure to comply with the standard of care provided for herein.

3.5 Laws and Regulations.

3.5.3 Americans with Disabilities Act . Designer will use its best professional efforts to interpret all applicable federal, state and local laws, rules and regulations with respect to access, including those of the Americans with Disabilities Act (“ADA”). Designer shall inform City of the existence of inconsistencies of which it is aware or reasonably should be aware between federal and state accessibility laws, rules and regulations, as well as any other issues which are subject to conflicting interpretations of the law, and shall provide the City with its interpretation of such inconsistencies and conflicting interpretations. Unless Designer brings such inconsistencies and conflicting interpretations to the attention of the City and requests City’s direction on how to proceed, the Designer’s interpretation of such inconsistencies and conflicting

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5 interpretations shall be the sole responsibility and liability of Designer, and the Designer shall correct all plans, specifications and other documents prepared for the Project at no additional cost if its interpretations are shown to be incorrect. In the event that the Designer request’s City’s direction on how to proceed with respect to any inconsistent and/or conflicting interpretation, the Designer shall be responsible to the City only pursuant to the indemnification provisions of this Agreement.

3.5.5 Water Quality Management and Compliance.
(a) Compliance with Water Quality Laws, Ordinances and Regulations.

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6 the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(iii) Damages: City may seek damages from Designer for delay in completing the Services caused by Designer’s failure to comply with the laws, regulations and policies described in Section 3.5.5(a) of this Agreement, or any other relevant water quality law, regulation, or policy.

3.5.6 Air Quality.
(a) Compliance with Air Quality Laws, Ordinances, and Regulations .

Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equip ment with a fuel -powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.6 Independent Contractor.

3.6.1 Control and Payment of Subordinates . City retains Designer on an independent contractor basis and Designer is not an employee of City. Designer is not an employee for state tax, federal tax or any other purpose, and is not entitled to the rights or benefits afforded to City’s employees. Any additional personnel performing the Services under this Agreement on behalf of Designer shall also not be employees of City, and shall at all times be under Designer’s exclusive direction and control. Designer shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Designer shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.7 Schedule of Services.

3.7.1 Designer Services . Designer shall fully and adequately complete the Services described in this Agreement and in Exhibit “A” attached hereto and incorporated herein by reference.

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7 3.7.3 Performance Schedule . Designer shall prepare an estimated time schedule for the performance of Designer’s Services, to be adjusted as the Project proceeds.

3.7.4 Excusable Delays. Any delays in Designer’s work caused by the following shall be added to the time for completion of any obligations of Designer: (1) the actions of City or its employees; (2) the actions of those in direct contractual relationship with City; (3) the actions of any governmental agency having jurisdiction over the Project; (4) the actions of any parties not within the reasonable control of the Designer; and (5) Force Majeure Event . Neither the City nor the Designer shall be liable for damages, liquidated or otherwise, to the other on account of such delays. Such a non-compensable adjustment shall be Designer’s sole and exclusive remedy for such delays and the Designer will not receive an adjustment to the contract price or any other compensation. A Force Majeure Event shall mean an event that materially affects a party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; ( 3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restricti ons; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Designer and its subcontractors, of every ti er, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welf are and safety, and other actions of the City in its capacity as a municipal authority.

3.7.5 Request for Excusable Delay Credit. The Designer shall, within fifteen (15) calendar days of the beginning of any excusable delay, notify the City in writing of the causes of delay (unless City grants in writing a further period of time to file such notice prior to the date of final payment under the Agreement). City will then ascertain the facts and the extent of the delay, and grant an extension of time for completing the Services when, in its sole judgment, the findings of fact justify such an extension. The City’s findings of fact thereon shall be final and conclusive on the parties. Extensions of time shall apply only to that portion of the Services affected by the delay and shall not apply to other portions of the Services not so affected. The sole remedy of Designer for extensions of time shall be an extension of the performance time at no cost to the City. If Additional Services are required as a result of an excusable delay, the parties shall mutually agree thereto pursuant to the Additional Services provision of this Agreement. Should Designer make an application for an extension of time, Designer shall submit evidence that the insurance policies required by this Agreement remain in effect during the requested additional period of time.

3.8 Additional Designer Services.

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8 3.8.1 Request for Services. At City’s request, Designer may be asked to perform services not otherwise included in this Agreement, not included within the basic services listed in Exhibit “A” attached hereto, and/or not customarily furnished in accordance with generally accepted design practice.

3.8.2 Definition. As used herein, “Additional Services” mean: (1) any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary for the Designer to perform at the execution of this Agreement; or (2) any work listed as Additional Services in Exhibit “A” attached hereto. Designer shall not perform, nor be compensated for, Additional Services without prior written authorization from City and without an agreement between the City and Designer as to the compensation to be paid for such services. City shall pay Designer for any approved Additional Services, pursuant to the compensation provisions herein, so long as such services are not made necessary through the fault of Designer pursuant to the indemnification provision of this Agreement.

3.9 City Responsibilities. City’s responsibilities shall include the following:

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3.9.3 Bid Phase. Distribute Construction Documents to bidders and conduct the opening and review of bids for the Project.

3.10 Compensation.

3.10.1 Designer’s Compensation for Basic Services . City shall pay to Designer, for the performance of all Services rendered under this Agreement, the total not to exceed amount of $896,053.75 Dollars (Eight hundred ninety-six thousand fifty-three dollars and seventy- five cents) (“Total Compensation”). This Total Compensation amount shall be based upon, and may be adjusted according to, the fee schedule and related terms and conditions attached hereto

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10 as Exhibit “B” and incorporated herein by reference. The Total Compensation, as may be adjusted upon mutual agreement, shall constitute complete and adequate payment for Services under this Agreement.

3.10.2 Payment for Additional Services . At any time during the term of this Agreement, City may request that Designer perform Additional Services. As used herein, Additional Services means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement . Any additional work in excess of this amount must be approved by the City . If authorized, such Additional Services will be c ompensated at the rates and in the manner set forth in Exhibit “C” attached hereto and incorporated herein by reference, unless a flat rate or some other form of compensation is mutually agreed upon by the parties. If City requires Designer to hire consultants to perform any Additional Services, Designer shall be compensated therefore at the rates and in the manner set forth in Exhibit “C” attached hereto and incorporated herein by reference, unless a flat rate or some other form of compensation is mutually agreed upon by the parties. City shall have the authority to review and approve the rates of any such consultants. In addition, Designer shall be reimbursed for any expenses incurred by such consultants pursuant to the terms and conditions of Section 3.10.3.

3.10.3 Reimbursable Expenses . Reimbursable expenses are in addition to compensation for the Services and Additional Services. Designer shall not be reimbursed for any expenses unless authorized in writing by City, which approval may be evidenced by inclusion in Exhibit “C” attached hereto. Such reimbursable expenses shall include only those expenses which are reasonably and necessarily incurred by Designer in the interest of the Project. Designer shall be required to acquire prior written consent in order to obtain reimbursement for the following: (1) extraordinary transportation expenses incurred in connection with the Project; (2) out-of-town travel expenses incurred in connection with the Project; (3) fees paid for securing approval of authorities having jurisdiction over the Project; (4) bid document duplication costs in excess of $1,000; and (5) other costs, fees and expenses in excess of $1,000.

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Upon cancellation or termination of this Agreement, Designer shall be compensated as set forth in the termination provision herein.

3.10.6 Prevailing Wages. Designer is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage L aws, and if the total compensation is $1,000 or more, Designer agrees to fully comply with and to require its consultants to fully comply with such Prevailing Wage Laws. City shall provide Designer with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.

Designer shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Designer’s principal place of business and at the Project site.

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3.11 Notice to Proceed.

Designer shall not proceed with performance of any Services under this Agreement unless and until the City provides a written notice to proceed.

3.12 Termination, Suspension and Abandonment.

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13 make such documents available to City upon request and without additional compensation other than as may be approved as a reimbursable expense.

3.13 Ownership and Use of Documents; Confidentiality.

Any use or reuse by City of the Project Documents on any project other than this Project without employing the services of Designer shall be at City’s own risk with respect to third parties.

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3.13.5 Confidentiality. All Project Documents, either created by or provided to Designer in connection with the performance of this Agreement, shall be held confidential by Designer to the extent they are not subject to disclosure pursuant to the Public Records Act. All Project Documents shall not, without the written consent of City, be used or reproduced by Designer for any purposes other than the performance of the Services. Designer shall not disclose, cause or facilitate the disclosure of the Project Docum ents to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Designer which is otherwise known to Designer or is generally known, or has become known, to the related industry shall be deemed confidential. Designer shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the written consent of City.

3.14 Indemnification.

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3.15.6 Professional Liability (Errors and Omissions)

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3.15.9 Minimum Policy Limits Required
(a) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/ $4,000,000 aggregate for bodily injury, personal injury, and property
damage

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3.15.11 Policy Provisions Required
(a) Designer shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Designer shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non - payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Designer shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(b) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Designer’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(c) The retroactive date (if any) of each policy is to be no later than the Effective D ate of this Agreement. Designer shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Designer shall purchase a one (1) year extended reporting period A) if the retroac tive date is advanced past the Effective Date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims -made policy with a retroactive date subsequent to the Effective Date of this Agreement.
(d) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Designer or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Designer hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (e) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

3.15.12 Qualifying Insurers

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3.15.14 Subconsultant Insurance Requirements
(a) Designer shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Designer, City may approve differen t scopes or minimum limits of insurance for particular subcontractors or subconsultants.

3.16 Records.

Designer shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Designer shall allow a representative of City during normal business hours to exam ine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Designer shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of five ( 5) years from the date of final payment under this Agreement.

3.17 Standardized Manufactured Items.

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3.18 Limitation of Agreement.

3.19 Mediation.

3.20 Successors and Assigns.

3.21 Asbestos Certification.

Designer shall certify to City, in writing and under penalty of perjury, that to the best of its knowledge, information and belief no asbestos -containing material or other material deemed to be hazardous by the state or federal government was specified as a building material in any construction document that the Designer prepares for the Project. Designer shall require all consultants who prepare any other documents for the Project to submit the same written certification. Designer shall also assist the C ity in ensuring that contractors provide City with certification, in writing and under penalty of perjury, that to the best of their knowledge, information and belief no material furnished, installed or incorporated into the Project contains asbestos or any other material deemed to be hazardous by the state or federal government. These certifications shall be part of the final Project submittal. Designer shall include statements in its specifications that materials containing asbestos or any other materia l deemed to be hazardous by the state or federal government are not to be included.

3.22 No Third Party Rights.

This Agreement shall not create any rights in, or inure to the benefits of, any third party except as expressly provided herein.

3.23 Governing Law.

This Agreement shall be construed in accordance with, and governed by, the laws of the State of California. Venue shall be in San Bernardino County.

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21 3.24 Exhibits and Recitals.

All exhibits and recitals contained herein and attached hereto are material parts of this Agreement and are incorporated as if fully set forth.

3.25 Severability.

Should any provision in the Agreement be held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect.

3.26 Non-Waiver.

None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

3.27 Safety.

3.28 Harassment Policy.

3.29 Delivery of Notices.

CITY:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, California 92401
Attn: City Manager

With a Copy to:

City of San Bernardino
DESIGNER:

Bureau Veritas Technical Assessments
LLC
6021 University Boulevard, Suite 200,
Ellicott City, MD 21043
Primary Contact: Erik Piller
Phone: (800) 733-0660, ext. 729704
Email: [email protected]

Packet Page. 549

22 Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney

3.30 Time of Essence.

Time is of the essence for each and every provision of this Agreement.

3.31 City’s Right to Employ Other Consultants.

City reserves right to employ other consultants, including designers, in connection with this Project or other projects.

3.32 Prohibited Interests.

3.32.1 Solicitation. Designer maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Designer, to solicit or secure this Agreement. Further, Designer warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Designer, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability.

3.33 Equal Opportunity Employment.

3.34 Labor Certification.

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23 3.35 Subcontracting.

3.36 Supplemental Conditions.

Any supplemental conditions shall be attached as an exhibit to this Agreement, and that exhibit shall be incorporated herein by reference.

3.37 Electronic Signature.

3.38 Entire Agreement.

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24 SIGNATURE PAGE FOR DESIGN SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND IDS Group, Inc.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.

CITY OF SAN BERNARDINO
APPROVED BY:

Eric Levitt
City Manager

ATTESTED BY:

Telicia Lopez
City Clerk

APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

DESIGNER
Bureau Veritas Technical Assessments
LLC
APPROVED BY:

Erik Piller
Executive Vice President

Packet Page. 552

Exhibit A-1

EXHIBIT A
DESIGNER’S SCOPE OF SERVICES

1. GENERAL REQUIREMENTS.

1.1 Basic Services. Designer agrees to perform all the necessary professional design, engineering (e.g. mechanical, electrical, plumbing, structural, site engineering, and any other necessary engineering services mutually agreeable to the parties) and construction administration services for the Project in a timely and professional manne r, consistent with the standards of the profession, including those provided for herein.

1.2 Exclusions from Basic Services. N/A

1.3 Additional Services. Designer shall perform the following Additional Services for the Project: N/A

2. INITIAL PLANNING PHASE.

During the initial planning phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

Designer shall use its best judgment in determining the balance between the size, type and quality of construction to achieve a satisfactory solution within the Project’s budget and construction

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Exhibit A-2

3. SCHEMATIC PLAN PHASE.

During the schematic plan phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

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Exhibit A-3

4. DESIGN DEVELOPMENT PHASE.

During the design development phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

4.4 Timetable. Designer shall provide a written timetable for full and adequate completion of the Project to City.

5. FINAL WORKING DRAWINGS AND SPECIFICATIONS.

During the final working drawings and specifications phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

Packet Page. 555

Exhibit A-4

City shall also make a good-faith effort to verify the accuracy of the as-built drawings and provide any supplemental information to Designer which may not be shown on the as-built drawings.

5.5 Copies of Final Working Drawings and Specifications and Other Documents.

Packet Page. 556

Exhibit A-5

agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City.

6. CONSTRUCTION CONTRACT DOCUMENTS.

During the construction contract documents phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

7. BID PHASE.

During the bid phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

8. CONSTRUCTION PHASE.

During the construction phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

Packet Page. 557

Exhibit A-6

8.2 General Administration. Designer shall provide general administration of the Construction Documents and the work performed by the contractors.

8.3 Pre-Construction Meeting. Designer shall conduct one or more pre-construction meetings, as the City determines is needed for the Project, with all interested parties.

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Exhibit A-7

8.18 Final Color and Product Selection. Designer shall coordinate final color and product selection with City’s original design concept.

8.19 Substantial Completion. Designer shall determine the date of substantial completion, in consultation with the City.

Packet Page. 559

Exhibit A-8

writing that all Punch List Items must be corrected prior to final acceptance of the Project and final payment. Designer shall also notify City of all Punch List Items.

8.22 Certificate of Completion. Designer shall participate in any further inspections of the Project necessary to issue Designer’s Certificate of Completion and final certificate for payment.

Designer shall assist the City in obtaining such documentation from all other architects, engineers, or other consultants.

9. AS-BUILT DRAWINGS.

During the as-built drawings phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

10. WARRANTY PERIOD.

During the warranty period phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

Packet Page. 560

Exhibit A-9

10.1 Advice. Designer shall provide advice to City on apparent deficiencies in the Project during any applicable warranty periods for the Project.

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EXHIBIT B

FEE AND PHASING/FUNDING SCHEDULES

1. FEE SCHEDULE.

Designer will invoice City on a monthly cycle based on the following fee schedule.

Designer will include with each invoice a detailed progress report that indicates the amount of budget spent on each phase and the total amount spent against the Total Comp ensation.

Designer will inform City regarding any out-of-scope work being performed by Designer for which Designer intends to seek compensation from City.

2. PHASING/FUNDING SCHEDULE.

Progress payments towards Total Compensation shall never exceed the following breakdown of Total Compensation as of the phase indicated:

Task 1: ADA Self-Evaluation (Caltrans Finding 1) ........................................................$16,520.00 Task 2: ADA Coordinator Public Contact Posting (Caltrans Finding 2b) ……………......$2,960.00 Task 3: ADA Grievance Procedure & Complaint Process (Findings 3a, 3b, 3c) …….... $4,780.00 Task 4: ADA Non-Discrimination Notice (Finding 4) .......................................................$1,920.00 Task 5: ADA Transition Plan (Caltrans Finding 6a–6i) ...............................................$829,173.75 Task 6: Public Involvement (Caltrans Template Requirement) ......................................$6,400.00 Task 7: Website Accessibility & Posting Requirements ...............................................$12,980.00 Task 8: Caltrans Submission Package (Including June 30, 2026, Online Form) ...........$4,200.00 Task 9: Project Management & Training …………………………….……………….……$17,120.00 Total Compensation ....................................................................................$896,053.75

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EXHIBIT C

COMPENSATION RATES AND REIMBURSABLE EXPENSES

1. HOURLY COMPENSATION RATES.

The following hourly rates shall apply for all work performed under this Agreement, including any authorized additional services:

2. HOURLY RATE SCHEDULE
Team Role Hourly Rate ($)
Project Executive $190.00
Program Manager $140.00
Project Manager I (PE/RA) $120.00
Project Manager II (PE/RA) $130.00
Quality Control Manager $135.00
Technical Report Reviewer $115.00
Administrative $80.00

3. REIMBURSABLE EXPENSES.

Reimbursable expenses shall be as defined and governed by Section 3.10.3 of the Design Services Agreement (DSA).

4. ADDITIONAL SERVICES.

Additional Services shall be billed at the actual hourly rates listed above and shall be performed only upon prior written authorization by the City’s Project Manager.

5. ADDITIONAL CONSULTANTS.

The City reserves the right to review and approve all consultant rates prior to authorization.

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CITY OF SAN BERNARDINO
RFP F-26-1045

PROFESSIONAL DESIGN ENGINEERING SERVICES FOR CITYWIDE
ADA & SECTION 504 COMPLIANCE PROGRAM DEVELOPMENT AND
IMPLEMENTATION, CIP NO. SS24-010
February 16, 2026me
Technical Proposal
BUREAU VERITAS | ERIK PILLER
P 800.733.0660 | [email protected]

Packet Page. 564

February 16, 2026
City of San Bernardino
Attn: Jennifer Broadnax
290 North D Street
San Bernardino, CA 92401
RE: RFP F-26-1045
Pr ofessional Design Engineering Services for Citywide ADA & Section 504 Compliance Program Development and Implement ation, CIP No. SS24-010
Dear Ms. Broadnax:

Bureau Veritas Technical Assessments LLC (Bureau Veritas or BV) is pleased to provide the City of San Bernardino (“the City”) with the enclosed proposal in response to the RFP for Citywide ADA & Section 504 Compliance Program Development and Implementation services. Bureau Veritas understands the requirements of the RFP and is well qualified to perform the services.

Proven Experience | Bureau Veritas has extensive experience providing ADA Assessments for City, County, and State Government entities. We are licensed in the State of California and are familiar with all ADA and State codes and regulations. In addition to ADA Self-Evaluation and Transition Plan Expertise, Bureau Veritas offers a full suite of services including ADA plan check, inspections, design and turn-key project management for implementation. Bureau Veritas’ code compliance group has performed ADA, plan check and inspections for hundreds of municipalities acting as augmented staff or third party consultants.

Highly Qualified Team | Bureau Veritas is an architecture and engineering firm focused on assessments and planning studies, with 800 professionals nationwide. BV has 22 CASp professionals - including 12 plan check and inspectors, 7 assessors, and 3 design professionals.

ADA Experience | Bureau Veritas has performed thousands of projects in California and has an extensive resume of local and regional clientele including:

The following pages detail our history, similar project experience, our key personnel and team, and our approach to your unique project. Bureau Veritas is committed to working with the City to provide the highest possible quality of service. We appreciate the opportunity to present our qualifications for this project and look forward to working with the City. I am available at (800) 733-0660, ext. 7292704 or [email protected] to further discuss our qualifications.

Sincerely,
Erik Piller
Executive Vice President
• City of Alameda, CA
• City of Tracy, CA
• Hayward Recreation and Parks, CA
• City of Napa, CA
• City of West Covina, CA
• City of Hermosa Beach, CA
• City of Mountain View, CA
• City of Garden Grove, CA
• City of Brea, CA
• City of Orange, CA
• San Bernardino County Transportation Agency, CA
• City of Chino, CA
• City of Rancho Cucamonga, CA
• City of South Lake Tahoe, CA
• City of Pomona, CA
• City of Eastvale, CA
• City of Menifee, CA
• John Wayne Airport, Santa Ana
• Sonoma County, CA
• Humboldt County, CA
BUREAU VERITAS | ERIK PILLER
P 800.733.0660 | [email protected]

Packet Page. 565

1 Introduction
Bureau Veritas Technical Assessments LLC (BV) has over 35 years of experience providing assessment services to clients from a wide variety of industries and economic sectors.

Our institutional focus on facility assessments, impartiality, national reach with local advantages, and technical and procedural innovations make us a nationwide leader in ADA assessment services and a first choice service provider for clients across the United States.

CLIENT REPRESENTATIVE
As a neutral third-party providing impartial engineering judgments detached from any follow-on work or services, we offer technical assessment services focused on
providing our clients with the most accurate information for making critical decisions regarding the future and life cycle of their buildings. Our impartiality sets us apart from many design, planning, and construction firms.

INTERNATIONAL FIRM WITH A NATIONAL AND LOCAL

FOOTPRINT
BV is a national, US-based building and infrastructure
division of international firm BV, which has over 7,000 registered engineers and architects, certified energy
managers, project managers, and assessors throughout
North America. This vast source of technical expertise
allows for consistent, efficient, and accurate services provided to our clients, and frequently obviates the need to sub-contract. BV’s thousands of technical staff and dozens of regional offices provide us the ability to be local to almost any city in the country.

EXPERIENCE WITH STANDARDS AND GUIDELINES
BV has extensive experience and expertise with ADA
Accessibility Standards, Public Rights-of-Way Accessibility Guidelines, and State Building Codes, which are relevant to this project. Our assessors and management staff
have project experience in multiple states and locales
nationwide, and apply the 2010 ADA Standards for
Accessible Design, the current ADA accessibility guidelines (ADAAG), and other state and local building codes
as required by laws, statutes and ordinances. When
prioritizing barrier removal, we will follow the order of preference advised by the Department of Justice in Title II requirements, or as modified through agreement with the Client and by public survey results. BV is experienced with the application of the program access test defined in Title II 35.150(b), and understands that not all individual barriers must be removed, but the overall program must be made
accessible.

STAFF QUALIFICATIONS
ADA Assessments are one of BV’s core services. We have
performed ADA services for over 25 years, with over 700 million square feet assessed in the last five years. BV’s team includes Professional Engineers, Registered Architects, and Accessibility Professionals with an average of over 20 years of relevant experience. These subject matter experts coordinate logistics, conduct comprehensive assessments, analyze collected data, and develop assessment reports.

BV also has an internal information technology group that supports the development of field data collection programs and client database applications.

Ability to Perform in a Timely Manner
We pride ourselves on the scheduling, logistics, and
mobilization of our staff to provide services at multiple sites across the country on a compressed schedule. With project managers nationwide, we can assemble a qualified team
in the project area quickly. Our team is familiar with all codes governing this contract and is sensitive to the unique requirements of your community. A locally based project staff gives BV and the City
the benefit of direct contact with
our personnel performing and managing this project.

We are accustomed to completing large projects and
have built-in measures as a part of our assessment and
quality assurance methodology to ensure we complete
programs to our client’s satisfaction. We consider meetings, communication, scheduling, management, budget, and
quality control crucial elements of each engagement.

BV has the capability to perform the full scope as listed in the RFP without the use of outside consultants. BV has in- house technical professionals with experience performing ADA services. These professionals are also qualified to perform any add-on services that may be requested.

BV has the capability and experience to comply with set schedules. We will have a dedicated Program Manager,
Michael Cunniff, serve as the direct point of contact for the City during the entire project. Mr. Cunniff will manage the kick-off, coordination of the field teams during the on-site assessments, and reporting process. The City
will also have access to Project Executive, Erik Piller, CASP - Transition Plan Manager, Justin Vang, and Quality Assurance Manager, Bryon Scott, ADAC as needed, as well as the entire Assessment Team throughout the duration of the project.

BV has a proven track record in exceeding client
expectations for meeting deadlines and project
schedules and is committed to the timeliness and
efficiency of report deliveries.

1. EXECUTIVE SUMMARY

Packet Page. 566

2 1. Executive Summary ....................................................................................................................1

2. Table of Contents ..........................................................................................................................2

3. Identification of Proposer ..........................................................................................................3

4. Staffing Resources ........................................................................................................................4

5. Fiscal Stability ..............................................................................................................................11

6. Experience and Technical Competence ...............................................................................12

7. Proposed Method to Accomplish the Work.........................................................................19

8. Fee Proposal .............................................................................................. Separate Attachment

9. Insurance .......................................................................................................................................32

10. Litigation .......................................................................................................................................33

11. Other Information ......................................................................................................................34

12. Certification of Proposal ..........................................................................................................36

13. Appendices ...................................................................................................................................37 BUREAU VERITAS | ERIK PILLER
P 800.733.0660 | [email protected]

2. TABLE OF CONTENTS

Packet Page. 567

3 Legal Name: Bureau Veritas Technical
Assessments LLC
Legal Form: LLC
Year Founded: 1986
Headquarters: 6021 University Boulevard, Suite 200
Ellicott City, MD 21043
Project Office: Irvine, CA
Contact: Erik Piller
Executive Vice President
Telephone: (800) 733-0660, ext. 729704
Email: [email protected]
Website: bvna.com
CA Business
License: 200632210117
Company Information
HQ
HQ
HQ
BV Oﬀice Locations
BV Technical Assessments
Headquarters
MO
IL
TX
AZ
CA
AK
NM
NV
UT
CO
KS
OK
OR
WA
ID
MT
WY
ND
SD
NE
MN
IA
WI
AR
LA
OH
WV
VA
SC
TN

MS AL GA
FL
MI
IN
NH
NJ
MD
DE
RI
ME
KY
PA
NY
CT
HI
VT
NC

3. IDENTIFICATION OF PROPOSER
Profile
Bureau Veritas is a professional services consulting firm providing comprehensive architectural, engineering,
energy, and environmental solutions. Our team includes
over 800 building professionals nationwide, including
Registered Architects, Professional Engineers, Certified Energy Managers, Project Managers, Environmental
Professionals, Building Systems Consultants, and Code
Compliance Experts.

Annually, Bureau Veritas conducts thousands of
assessments for Multifamily, Commercial, Industrial,
Government, and Educational clients. Having successfully completed billions of square feet of building assessments, we have developed a proven and efficient methodology for the performance of field assessments and data collection.

Bureau Veritas’ recommendations are based on knowledge
of property conditions, life-cycle analysis, regulations, and client objectives. Bureau Veritas’ subject matter expertise and understanding of buildings, parks, and property sites forms the foundation on which we team with clients to
create and implement facility and portfolio management
solutions.

ASSET MANAGEMENT SERVICES
• Accessibility Compliance
• Facility Condition Assessments
• Capital Planning Reports
• Equipment and Asset Inventory
• Barcoding, QR Coding, and Tagging
• CMMS Consulting
• Preventive Maintenance Plans
• Space Analysis Studies
• Energy Audits and Modeling
• Commissioning (Cx and Rx)
• Construction Monitoring
• Project Management
• Plan and Document Review
What We Do
Acquisitions
Finance
Capital
Planning
Asset
Management
Construction
& Project
Management
Disposition

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4 4. STAFFING RESOURCES
Bureau Veritas’ Team includes Professional Engineers,
Registered Architects, and Accessibility Professionals with an average of over 25 years of relevant experience. These life cycle subject matter experts coordinate logistics, conduct comprehensive site assessments, analyze
collected data, provide asset management strategies,
create capital planning studies, and develop facility
condition reports. Bureau Veritas also has an internal
information technology group that migrates the field data and findings into CMMS platforms and other City database applications.

Erik Piller | Project Executive
Mr. Piller will oversee all contractual aspects of the project and be available to meet with the City for the duration of the project on an as-needed basis. He will have primary responsibility for defining the scope of engagement, and will meet regularly with Bureau Veritas’ Program Manager and Assessment Team to assure that the City’s needs are being met, and that the project is adequately staffed,
running smoothly, and on schedule.

Michael Cunniff | Program Manager
Mr. Cunniff will be the primary point of contact for the City throughout the duration of the project. He will work with the Assessment Team and the City to assure project success. Mr. Cunniff will be responsible for the assessment team’s overall performance, delivery of the project, and will work with City staff to develop the implementation plan based on the results.

Bryon Scott, ADAC | Quality Assurance Manager
Mr. Scott will oversee the project, assuring technical, process, and content quality. He will have direct
management responsibility for all technical personnel,
which will allow for quick and effective implementation of quality assurance measures both at inception and
throughout the duration of the project.

Justin Vang, CASp | Transition Plan Manager
Mr. Vang will oversee the creation of the Transition Plan for the City’s project. He will be available to meet with the City on an agreed-upon basis to ensure Transition Plan success.

Assessment Team
The Assessment Team is comprised of professional
engineers having direct experience in conducting ADA
Assessments. They will observe and describe building
systems and components, identify physical deficiencies, and formulate recommendations to remedy the
deficiencies.

Erik Piller

PROJECT EXECUTIVE
Michael Cunniﬀ

PROGRAM MANAGER

ASSESSMENT TEAM
Bryon Scott, ADAC

QUALITY ASSURANCE

MANAGER

PROJECT

ORGANIZATION
CHART

TRANSITION PLAN

MANAGER
Justin Vang, CASp
Resumes
Resumes for these professionals are included on the
following pages.

Subcontractors
BV does not plan on partnering with any subcontractors on this project.

Packet Page. 569

5 PROJECT EXPERIENCE:

City of Eastvale, CA
ADA Assessment and Transition Plan
City of Chino, CA
ADA Assessment & Transition Plan
City of Rancho Cucamonga, CA
ADA Assessment & Facility Condition
Assessment
City of Mountain View, CA
ADA Assessment & Transition Plan
Hayward Area Park & Recreation District, CA
ADA Transition Plan, Facility Condition
Assessment, and Energy Audit
City of Orange, CA
Facility Condition Assessment and ADA
Transition Plan
Ambrose Parks District, CA
Facility Condition Assessment / ADA Transition
Plan
City of Rancho Cucamonga, CA
ADA Assessment and Transition Plan
City of Napa, CA
ADA Assessment and Transition Plan, FCA,
Inventory
City of Brea, CA
ADA Assessment and Transition Plan
City of Garden Grove, CA
ADA Assessment and Transition Plan, FCA
San Bernardino County Transportation
Agency, CA
PROW Assessments

ERIK PILLER

PROJECT EXECUTIVE
Mr. Piller has 22 years of experience in client coordination of assessment, architectural- engineering, energy consulting, and construction phase services. He has been involved with projects of similar scope to the proposed project. As Project Executive, Mr. Piller is responsible for overseeing all contractual aspects of the project and will be available to meet with the client for the duration of the project on an as-needed basis. He will have primary responsibility for defining the scope of engagement, and will meet regularly with BV’s Program Manager and Assessment Team to assure that the client’s needs are being met, and that the project is adequately staffed, running smoothly, and on schedule.

YEARS OF EXPERIENCE: 22
Industry Experience
Government
K-12 Education
Multi-Family Housing
Higher Education
Industrial
Office
Retail
Hospitality

Packet Page. 570

6 PROJECT EXPERIENCE:

City of Chino, CA
ADA Assessment & Facility Condition
Assessment
City of Eastvale, CA
ADA Assessment and Transition Plan
City of Rancho Cucamonga, CA
ADA Assessment & Facility Condition
Assessment
City of Eastvale, CA
ADA Assessment
City of West Covina, CA
ADA Assessment and Transition Plan
City of El Segundo, CA
ADA Assessment & Facility Condition
Assessment
City of Pomona, CA
ADA Assessment
City of Los Angeles, CA
ADA Assessment
City of Palmdale, CA
ADA Assessment & Facility Condition
Assessment
Hayward Area Park & Recreation
District, CA
ADA Transition Plan, Facility Condition
Assessment, and Energy Audit
City of South Lake Tahoe, CA
ADA Assessment and Transition Plan
City of Aliso Viejo, CA
ADA Assessment and Transition Plan
San Bernardino County Transportation
Agency, CA
PROW Assessments

MICHAEL CUNNIFF
YEARS OF EXPERIENCE: 22
Education
Bachelor of Science, Architectural/Building Engineering Technology, New England Institute of Technology

PROGRAM MANAGER
Mr. Cunniff is an ADA Senior Project Manager with over 20 years of experience in building sciences and accessibility subject matter. Mr. Cunniff is well-versed in conducting self- evaluations of programmatic barriers, including Title II and Title III regulations. As Program Manager, he is responsible for the schedule and technical content of BV’s work.

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7 PROJECT EXPERIENCE:

City of Chino, CA
ADA Assessment & Transition Plan
City of Rancho Cucamonga, CA
ADA Assessment & Transition Plan
City of Eastvale, CA
ADA Assessment & Transition Plan
City of El Segundo, CA
ADA Assessment & Transition Plan
City of Corona, CA
ADA Assessment & Transition Plan
City of West Covina, CA
ADA Assessment & Transition Plan
John Wayne Airport, CA
ADA Assessment & Transition Plan
County of San Bernardino CA
CASP Assessment/Review
City of Palmdale, CA
ADA Assessment & Transition Plan
City of Pomona, CA
ADA Assessment & Transition Plan
City of Industry, CA
ADA Assessment & Transition Plan
San Bernardino County Transportation
Agency, CA
PROW Assessments
City of Rancho Cucamonga, CA
ADA Assessment & Transition Plan
City of Garden Grove, CA
ADA Assessment, FCA

BRYON SCOTT , ADAC
Education
Bachelor of Science, Business Administration,
University of Maryland
License & Certification
ADA Coordinator and Trainer
ADA Coordinator Training Certification
Program, University of Missouri
YEARS OF EXPERIENCE: 21

QUALITY ASSURANCE MANAGER
Mr. Scott is a Lead Project Manager with BV. He has 21 years of Construction Management experience and is a Certified ADA Coordinator, and uses this knowledge to identify ADA barriers, minimize litigation risk, improve customer accessibility, and enhance customer satisfaction.

Mr. Scott is a regular speaker at ADA Coordinators’ meetings on Title II and Title III subjects. As Quality Assurance Manager, he will assist the Program Manager by providing QA/QC review on the data collection and reports.

Packet Page. 572

8 JUSTIN VANG, CASp
YEARS OF EXPERIENCE: 10PROJECT EXPERIENCE:

City of Chino, CA
ADA Assessment & Transition Plan
City of Eastvale, CA
ADA Assessment and Transition Plan
City of Mountain View, CA
ADA Assessment & Transition Plan
City of Rancho Cucamonga, CA
ADA Assessment & Transition Plan
City of West Covina, CA
ADA Assessment & Transition Plan
City of Eastvale, CA
ADA Assessment & Transition Plan
City of Maywood, CA
ADA Assessment & Transition Plan
City of Palmdale, CA
ADA Assessment & Transition Plan
City of Garden Grove, CA
ADA Assessment & Facility Assessment
City of South Lake Tahoe, CA
ADA Assessment
Colorado Parks & Wildlife, CO
ADA Assessment
City of Aspen, CO
ADA Assessment & Facility Assessment
Metro Parks Tacoma, WA
ADA Assessment
City of Sherwood, OR
ADA Assessment
Education
Master of Science, Civil/Structural Engineering, California State University
Bachelor of Science, Civil Engineering, University of
California
License & Certification
Certified Access Specialist | CASp-845

TRANSITION PLAN MANAGER
Mr. Vang is a Transition Plan Manager with 10 years of experience and is a Certified Access Specialist (CASp). He conducts and leads teams for Facility Condition Assessments, ADA Assessments, and other related services. He supervises and trains junior ADA professionals, architects, and engineers in conducting facility assessments. Mr. Vang will oversee the transition plan.

Packet Page. 573

9 PROJECT EXPERIENCE:

City of Tracy, CA
ADA Assessment & Transition Plan
City of Alameda, CA
ADA Assessment & Transition Plan
City of Chino, CA
ADA Assessment
City of South Lake Tahoe, CA
ADA Assessment & Transition Plan
Yuba City Unified School District, CA
ADA Assessment & Transition Plan
Beaverton School District, OR
Facility Accessibility Assessment

PHILIP SMITH, CASP

ASSESSMENT TEAM
Education
AA, Behavioral & Social Science, Modesto Junior
College
YEARS OF EXPERIENCE: 19
License & Certification
Certified Access Specialist | CA | CASp-1018
Building Plans Examiner/Inspector/Code
Specialist | 8291181
PROJECT EXPERIENCE:

City of Chino, CA
ADA Assessment
City of Mountain View, CA
ADA Assessment
City of Industry, CA
ADA Assessment
City of West Covina, CA
ADA Assessment
State of Oregon Dept of Education, OR
ADA Assessment
Colorado Parks & Wildlife, CO
ADA Assessment

ABEL MACHADO, CASP

ASSESSMENT TEAM
Education
AA, Architectural Technology, Cerritos Community
College
YEARS OF EXPERIENCE: 18
License & Certification
Certified Access Specialist | CA | CASp-145

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10 PROJECT EXPERIENCE:

City of Tracy, CA
ADA Assessment & Transition Plan
City of Alameda, CA
ADA Assessment & Transition Plan
City of Chino, CA
ADA Assessment & Transition Plan
City of West Covina, CA
ADA Assessment & Transition Plan
South Salt Lake Tahoe, CA
ADA Assessment & Transition Plan
City of Los Angeles, CA
ADA Assessments

TIMOTHY GRIFFITH, CASP

ASSESSMENT TEAM
YEARS OF EXPERIENCE: 30+
Education
MS, Sports & Business Management, American Public University BS, Sports & Heath Sciences, American Public University AA, Building & Construction Management, Diablo Valley College License & Certification
Certified Access Specialist | CASp-1007
PROJECT EXPERIENCE:

City of Chino, CA
ADA Assessment & Transition Plan
City of Pomona, CA
ADA Consulting
Hayward Area Rec. & Park District, CA
ADA Transition Plan, FCA, and Energy Audit
City of Napa, CA
FCA, Inventory, ADA Transition Plan
Washington Parks and Rec. Commission
ADA Assessment & Transition Plan
City of Redmond, WA
ADA Assessment & Transition Plan
Ben Franklin Transit, Richland, WA
ADA Consulting

BRIAN MANTERNACH, CASP

ASSESSMENT TEAM
Education
Building Materials Management, Northeast Iowa
Community College
YEARS OF EXPERIENCE: 30+
License & Certification
Certified Access Specialist | CA | CASp-851
Accessibility Inspector/Plans Examiner | #8010569

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11 5. FISCAL STABILITY
Bureau Veritas Technical Assessments LLC is part of a larger group, Bureau Veritas SA. Please note—BVSA is a 5.1 billion euro public company trading on the Euronext-Paris with over 75,000 employees and thousands of offices across the globe.

This link takes you directly to our financial reports:
https://group.bureauveritas.com/investors/financial-information/financial-reports Our DUNS number 155-34-2553. As a publicly traded company, all financial information is required to be transparent and is publicly available at the link below. We do not subscribe to DUNS and do not provide financial information to DUNS.

Bureau Veritas • 2024 Universal Registration Document
5 ACTIVITY REPORT
Business review and results

5.2 BUSINESS REVIEW AND RESULTS
(€ millions) 2024 2023 Change
Revenue 6,240.9 5,867.8 +6.4%
Service costs rebilled to clients 203.4 191.7 +6.1%
Revenue and service costs rebilled to clients 6,444.3 6,059.5 +6.3% Purchases and external charges (1,943.2) (1,642.3) +6.0% Personnel costs (3,264.9) (3,061.8) +6.6%
Other expenses (302.8) (339.3) (10.8)%
Operating profit 933.4 824.4 +13.2%
Share of profit of equity‑accounted companies (0.8) 0.7 n.s.

Net financial expense (69.6) (68.5) +1.6%
Profit before income tax 863.0 756.6 +14.1%
Income tax expense (273.8) (240.7) +13.8%
Net profit 589.2 515.9 +14.2%
Non‑controlling interests on adjustment items (19.8) (12.2) n.s.

ATTRIBUTABLE NET PROFIT 569.4 503.7 +13.0%

5.2.1 REVENUE
Bureau Veritas' revenue totaled €6,240.9 million in 2024, up 6.4% year on year. This reflects:

The bases for calculating components of revenue growth are presented in section 5.6 – Definition of alternative performance indicators and reconciliation with IFRS, of this Universal Registration Document.

5.2.2 OPERATING PROFIT
Operating profit totaled €933.4 million, up 13.3% from
€824.4 million in 2023.

Expenses relating to purchases and external charges and personnel costs were up 6.4% overall. Other expenses fell by

10.8%.

5.2.3 ADJUSTED OPERATING PROFIT
Adjusted operating profit is defined as operating profit before the adjustment items described in section 5.6 – Definition of alternative performance indicators and reconciliation with IFRS, and in Note 4 to the consolidated financial statements – Alternative performance indicators, included in section 6.6 – Notes to the consolidated financial statements, of this Universal Registration Document. organic growth of 10.2%;●
a 0.6% positive impact from changes in the scope of
consolidation; and
●
a 4.4% negative impact from currency fluctuations, mainly due to the appreciation of the euro against most other currencies. ●
361

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12 6. EXPERIENCE AND TECHNICAL COMPETENCE
Since 1986, BV has proven relevant experience with the codes and regulations applicable to the City’s project. BV’s history of successful performance demonstrates a competency in the following code/regulatory areas:

Projects completed by BV similar in scope to the City’s project are as follows:
• 2010 ADA Standards for Accessible Design
• ADAAG / ABA / UFAS
• 2009 ICC/ANSI A117.1
• Local Building Codes
• ADA/504 Compliance
• PROWAG
• BOCA (Certified Inspectors on staff)
• NFPA
• AHERA
• USEPA Standards
• OSHA Codes and Regulations
• ASHRAE Standards related to Indoor Air Quality and
Design

CLIENT STATE SERVICES YEAR
City of Pleasanton CA ADA Transition Plan Just Awarded
City of Glendale CA ADA Transition Plan Just Awarded
City of Oxnard CA ADA Transition Plan Just Awarded
City of Irvine CA ADA Transition Plan Just Awarded
City of Lancaster CA ADA Transition Plan Just Awarded
Monrovia Unified School District CA ADA Transition Plan Just Awarded City of Menifee CA ADA Transition Plan 2025
County of Kern CA ADA Transition Plan 2025
City of West Covina CA ADA Transition Plan 2024
City of Mountain View CA ADA Transition Plan 2024
City of Eastvale CA ADA Transition Plan 2024
Pasadena Unified School District CA ADA Transition Plan 2024 City of Chino CA ADA Transition Plan 2024
City of Alameda CA ADA Transition Plan 2023
Yuba City Unified School District CA ADA Transition Plan 2023 City of Hermosa Beach CA ADA Consulting 2022
City of South Lake Tahoe CA ADA Transition Plan 2022
San Bernardino County CA ADA Transition Plan 2022
Sonoma County CA FCA & ADA Assessment 2021
City of Tracy CA ADA Transition Plan 2021
State of Washington Parks & Recreation WA ADA Transition Plan 2020 City of Napa CA FCA& ADA Assessment 2020
City of Redmond WA ADA Assessment 2020
City of Lexington NC ADA Assessment 2020
State of Hawaii HI ADA Study 2019
University of Nevada, Reno NV ADA Assessment 2019
Hayward Recreation and Park District CA ADA Assessment 2019 City of El Segundo CA FCA and ADA Assessment 2019 - 2022 City of Garden Grove CA FCA and ADA Assessment 2019
City of Brea CA FCA and ADA Assessment 2019

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13 References
Below is the contact information for each of our references. Profiles for our reference projects, including a description of the scope and other project details, are included on the following pages of this proposal.

City of Chino
ADA Assessment & Transition Plan
Lisa Almilli, MA, ADAC
Accessibility Coordinator
Development Services, Accessibility Division
13220 Central Avenue
Chino, CA 91710
(909) 334-3524
[email protected]
City of Rancho Cucamonga
ADA Assessment & Transition Plan
Ty Quaintance
Facilities Superintendent
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
(909) 774-4102 x4148
[email protected]
City of Eastvale
ADA Self-Evaluation & Transition Plan
Yurhi Choi
12363 Limonite Ave
Eastvale, CA 91752
(951) 790-7326
[email protected]

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14 CITY OF CHINO

ADA ASSESSMENT & TRANSITION PLAN
The City of Chino, CA entered into a professional services agreement with Bureau Veritas (BV) to provide a comprehensive evaluation of Americans with Disabilities Act (ADA) accessibility compliance in three areas: public rights-of-way for facilities, City policies and practices, and City parks and buildings.

This project consisted of conducting a self-evaluation and preparing an ADA Transition Plan to include identified physical barriers to accessibility, the methods to improve accessibility, the estimated costs to remediating the identified barriers, and a schedule to achieve ADA compliance.

The City of Chino is 29.7 square miles with approximately 262 centerline miles of streets. BV developed a Citywide reference map using GIS for curb ramps including, but not limited to, an associated database with condition data, ramp type, slope, landing, detectable warning surface and other compliance information. The Citywide reference map also used GIS for sidewalks and condition data of sidewalks (uplifts, cracks, width, repair priority).

PROJECT PROFILE

LOCATION
Chino, CA

SERVICE
ADA Title II Survey / CASp
Transition Plan
PROW Surveys
Program & Policy Review
Public Outreach
Website Review
SIZE
42 Facilities
45 Parks
451,991 SF
440 Miles of Sidewalks
3473 Curb Ramps
159 Traffic Signals
90 Transit Stops

COMPLETION
2023

REFERENCE
Lisa Almilli, MA, ADAC
Accessibility Coordinator
Development Services,
Accessibility Division
City of Chino
13220 Central Avenue
Chino, CA 91710
(909) 334-3524
[email protected]

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15 CITY OF RANCHO CUCAMONGA

ADA ASSESSMENT & TRANSITION PLAN

PROJECT PROFILE

LOCATION
Rancho Cucamonga, CA

SERVICE
ADA Assessment
ADA Transition Plan
SIZE
554,063 SF
53 Facilities

13.5 miles of Sidewalk
3,000 Curb Ramps

FACILITY TYPE
Parks & Trails
Sports Centers, AAA Ballpark
Community & Senior Centers
Libraries
Fire Stations & Police Facilities
Corp Yard & Support Facilities
Public Rights-of-Way

COMPLETION
Ongoing (2021)

REFERENCE
Ty Quaintance
Facilities Superintendent
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
(909) 774-4102 x4148
[email protected]
Bureau Veritas Technical Assessments LLC (BV) worked with Owen Group to perform ADA Title III assessments for the City of Rancho Cucamonga. The facilities assessed included 7 fire stations, police facilities, 31 parks, 100 miles of bike paths and trails, sports and recreation facilities, community and senior centers, public libraries, an animal shelter, and support facilities. The project scope also included the assessment of public rights-of-way (PROW): 13.5 miles of sidewalk, 3,000 curb ramps, 207 traffic signals, and 1,200 parking stalls.

The goal of the assessment was to define the City's ADA deficiencies and develop a transition plan to bring the City's facilities into compliance with Federal ADA regulations.

The assessment team developed a methodology for collecting facility data addressing such concerns as non-compliance, condition, and future facility management and operational needs. The team compiled a comprehensive inventory of City buildings, noting such attributes as description, size, condition, code, and ADA compliance.

The team provided a report detailing the findings at each facility, a database of the findings, and recommended a transition plan to implement over the next 10 years. Each report and database included a detailed description of each deficiency. The report was organized to include a narrative description of the deficiencies, applicable guidelines, viable corrective action, location description, and color digital photos of all recorded deficiencies.

This evaluation of PROW identified and recorded any gaps in connectivity, potential safety hazards, obstructions, missing curb ramps, and general noncompliance with accessibility regulations, including the following:
• Assessment of the Pedestrian Right-of-Way (Sidewalks) • Assessment of Curb Ramps
• Assessment of Pedestrian Crossings, Signalized Intersections, Un-signalized Intersections

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16 CITY OF EASTVALE

ADA SELF-EVALUATION & TRANSITION PLAN
The City of Eastvale is a community of approximately 73,000 in Riverside County encompassing 13.2 square miles.

Bureau Veritas was awarded a contract to provide a comprehensive evaluation of Americans with Disabilities Act (ADA) accessibility compliance in three areas: City policies and practices, and City buildings, and public rights-of-way facilities.

The ADA Transition Plan will provide the City of Eastvale a multi-phased roadmap to efficiently mitigate the deficiencies and achieve ADA compliance, which will be done in subsequent phases.

The project consisted of conducting a self-evaluation and preparing an ADA Transition Plan to include identified physical barriers to accessibility, the methods to improve accessibility, the estimated costs to remediating the identified barriers, and a schedule to achieve ADA compliance. The self-evaluation and ADA transition plan identifies existing physical barriers to accessibility as well as describe the steps to be taken, along with estimated costs, to ensure that City facilities and public right-of-way elements are made accessible to all individuals.

PROJECT PROFILE

LOCATION
Eastvale, CA

SERVICE
ADA Transition Plan
PROW Surveys
Program & Policy Review
Public Outreach
Website Review
CAD Diagrams
SIZE
4 Facilities
25,000 SF
341 Miles of Sidewalk
2500 Curb Ramps

FACILITY TYPE
Public Rights-of-Way
Fire Station
City Hall

COMPLETION
2024

REFERENCE
Yurhi Choi
City of Eastvale
12363 Limonite Ave
Eastvale, CA 91752
(951) 790-7326
[email protected]

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17 SAN BERNARDINO COUNTY

TRANSPORTATION AUTHORITY

ADA ASSESSMENT & TRANSITION PLAN
Bureau Veritas Technical Assessments LLC (BV) was on a team lead by Fehr & Peers to provide San Bernardino County Transportation Authority a sidewalk connectivity plan subsidized by a Caltrans grant.

The data collection was a sample of Public Right of Way (PROW) for 24 cities and the county.

BV systematically surveyed the sidewalk and street crossing surface environment for compliance with state, local, and Federal accessibility standards. BV documented changes in level, horizontal openings, upheavals, and other pathway events that may have posed a barrier or potential hazard in the sidewalk and street crossing environment. All major impediments and obstructions were recorded.

BV measured the grade and cross slope of each element of the curb ramp. The barriers of each curb ramp or the lack of a curb ramp was documented. BV captured deficiency data for transit stops, signalized intersections, and un-signalized intersections, including access to pedestrian pushbuttons and the condition and presence of crosswalk markings.

The sidewalk data collected was integrated, along with various 3rd party data, into the pathVu data analytics platform and was processed to provide a characterization of a span of the sidewalk. Condition, grade, and curb ramp information were all combined to provide a comprehensive view of a walkability network to enable engineering firms and municipalities to prioritize and spec the sidewalk repairs and upgrades.

PROJECT PROFILE

LOCATION
San Bernardino County, CA

SERVICE
Pedestrian Sidewalk
Connectivity Plan
Public Right of Way (PROW)
ADA Survey
SIZE
750 Miles of Sidewalk
2500 Curb ramps

COMPLETION
2021

REFERENCE
Paul Herrmann, PE
Fehr & Peers
100 Pringle Avenue
Walnut Creek, CA 94596
(925) 930-7100
[email protected]

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18 COUNTY OF KERN

ADA ASSESSMENT & TRANSITION PLAN
Kern County engaged Bureau Veritas Technical Assessments LLC (BV) to conduct a comprehensive Americans with Disabilities Act (ADA) Assessment and Transition Plan, a critical initiative to ensure accessibility across the county’s extensive infrastructure.

The project involved a detailed assessment of county policies, programs, facilities, parks, parking lots, streets, intersections, and sidewalks to identify existing obstacles and develop a strategic plan for compliance with ADA requirements. Bureau Veritas conducted thorough field investigations, evaluated current policies and practices, and prepared a comprehensive transition plan that included methodologies for barrier identification, cost estimates for remediation, implementation schedules, and procedures for ongoing monitoring and updates.

The project includes training county staff in ADA compliance, helping to designate an ADA Coordinator and departmental liaisons, and providing guidance on performing field investigations, preparing compliance assessment reports, and developing internal procedures for ongoing accessibility management. The goal is to create a sustainable framework that ensures Kern County’s commitment to accessibility extends well beyond the initial assessment.

PROJECT PROFILE

LOCATION
Kern, CA

SERVICE
ADA Assessment
Transition Plan
Public Right-of-Way
SIZE
320 Facilities

5.2 MM SF
1,900+ Miles of Sidewalk

FACILITY TYPE
Fire & Sheriff Stations
Libraries
Detention / Correctional
Essential Facilities
Parks & Rec Facilities
Administration Buildings

COMPLETION
Ongoing

REFERENCE
Eric Nisbett
Deputy Chief Financial Officer
County of Kern
1115 Truxtun Avenue, 5th Floor
Bakersfield, CA 93301
(661) 868-3000
[email protected]

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19 General Statement of Understanding
Bureau Veritas Technical Assessments LLC (BV) understands that it will provide consulting services to ensure the City of San Bernardino (“City”) complies with all aspects of the Americans with Disabilities Act (ADA), the Federal
ADA Accessibility Guidelines (ADAAG), American Barriers Act (ABA), State Building Code, and local accessibility regulations with regards to its programs, services, public buildings, facilities and parks, exterior amenities, and paths of travel. The work will ultimately culminate in the production of an ADA Transition Plan, which will include a schedule of improvements necessary to meet the ADA,
the State, and local accessibility requirements, associated order of magnitude cost estimates for barrier removal,
a prioritized list of improvements, and a timeline for
completion of needed improvements or modifications.

EXPERIENCE WITH STANDARDS AND GUIDELINES
This Scope of Work integrates the content requirements
outlined in the Caltrans ADA/Section 504 Transition
Plan template. The resulting deliverables shall meet the expectations of Caltrans during the next ADA Program
Assessment scheduled for June 30, 2027.

BV has extensive experience and expertise with ADA
Accessibility Standards, Public Rights-of-Way Accessibility Guidelines, and State Building Codes, which are relevant to this project. Our assessors and management staff
have project experience in multiple states and locales
nationwide, and apply the 2010 ADA Standards for
Accessible Design, the current ADA accessibility guidelines (ADAAG), and other state and local building codes
as required by laws, statutes and ordinances. When
prioritizing barrier removal, we will follow the order of preference advised by the Department of Justice in Title II requirements, or as modified through agreement with the City and by public survey results. BV is experienced with the application of the program access test defined in Title II 35.150(b), and understands that not all individual barriers must be removed, but the overall program must be made
accessible.

Proposed Project Approach
The scope of the work, as defined by the City, includes:
• ADA Self Evaluation
– Physical Assessment of Facilities and Sites
– Accessibility Transition Plan
• Program Access and Policy Review
• Public Outreach Meetings (2)
• Public Rights-of-Way (PROW) Evaluation: public
sidewalks and curb ramps
• Caltrans Submission Package
The City has requested services for:
• 225 Public Facilities, Parks, and Parking Lots (~1,255,928 SF)
• Public Rights of Way (PROW)
– 834 miles of sidewalks
BV will complete the following:
• Conduct comprehensive accessibility assessment and
inventory of facilities identified on the Buildings/Site list. • Ensure compliance with applicable standards,
regulations, and codes for accessibility
• Perform site visits to observe, document, and
photograph specific conditions and modifications of
facilities and components subject to federal, state, and local access requirements.
• Assessment of the content and location of the
City’s programs, services, policies, training and
communication practices.
• Create public outreach to ensure public input into the transition planning process, including public meetings
and public survey.
• Create criteria to prioritize facilities and/or categories of work to support a phased approach to implementation
of the ADA Transition Plan.
• Establish order of magnitude (pre-planning level)
estimated costs for each barrier removal necessary to
make facilities accessible.
• Prepare interim and final presentations of findings and recommendations to the City.
• Deliver draft and final reports per protocol established by the City.
• Maintain the electronic database the City can use to
track barrier removals as each is completed, which
serves as a living Transition Plan.

APPROACH (Task 9)
BV will conduct a kick-off meeting with the City to define communication channels, define the scope of work, and
to review the facility and program lists. Discussions will include recent and proposed capital improvements and
available programs at each of the facilities. BV will note public use patterns and prioritization of the facilities and programs.

Prior to the kick-off meeting, BV will provide a pre-
assessment questionnaire for each site and other
documentation. Documents requested, if readily available, are:

7. PROPOSED METHOD TO ACCOMPLISH THE WORK

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20 • Prior accessibility transition plans or self-evaluations • Site plans / floor plans
• Identification of any/all historic structures
• Description of each facility’s purpose
• As-built drawings (with dates of construction)
• Current reasonable accommodation policy
• Intersection / street / curb plans / previous sidewalk survey
The initial discussions with City staff will include the following elements:
• Roles and lines of communication between and within
both the City and BV.
• Protocols for interaction between all parties throughout the project: Contact information should include the
office and cell numbers for a minimum of 2+ contacts
with the appropriate City staff and BV.
• Field assessment logistics: Normally, BV does not require escorts to perform the field assessments, except where
escorts may be required within restricted areas. Outline areas of City’s highest priority for any assessment to be completed during any training phases, likely complexity of assessment data processing, efficient workflow each
day of the assessment, and City requests.
• Protocol for handling paths not clearly designated on the map, not collected due to construction, or otherwise deemed inaccessible. (PROW Survey)
• Strategies for connectivity between isolated urbanized areas. (PROW Survey)
Field schedules and facility management interviews will be conducted once the schedule is approved by the City.

Once the field schedule is approved, BV will deploy trained accessibility assessors with backgrounds in Landscape
Architecture, Architecture, Engineering, and Building
Systems for facility assessments. All field resources
assigned have been professionally trained in accessibility assessments and have performed numerous assessments.

Program Access and Policy Review (Task 1)
BV is experienced with the program access test defined
in Title II 35.150(b), and realizes that not all amenities are required to be accessible. BV’s goal is to assist the City in providing the most economically viable improvements
for its users. Through consultation with staff, stakeholder surveys and our field observations, BV will provide barrier removal recommendations to improve the amenities
necessary to comply with the applicable standards to
provide program access.

An assessment of the City’s programs will be performed.

The United States Department of Justice defines
“programs” as the “programs, services and facilities” of a Title II entity. The current status of the City’s programs as defined by the DOJ will be evaluated through discussions with City staff and a review of documentation. The goal mandated by Title II of the ADA is to ensure that individuals with disabilities are not excluded from services, programs, and activities because buildings are inaccessible or other assistance is not available. Steps needed to make programs accessible to disabled individuals will be detailed, such as, providing sign language interpreters to enable an individual with a disability to obtain the service, or providing benefits at an alternative accessible location in order to ensure that individuals with disabilities receive the benefits or services.

BV will meet with the designated representatives of the City to gather information from the various departments regarding the access opportunities or problems which
have arisen in the past. BV will evaluate the issues and experiences with respect to the provision of services to people with disabilities.

A program survey will address issues with respect to the delivery of accessible programs and services. A policy and program review provides a greater scope of information
about structural changes required for barrier removal.

The list of public programs and methods of communication with the public has not been provided to BV as part of the City’s request for a proposal. As such, BV has limited the review of said programs and communications to eighty
(80) man hours. BV will work with the City to prioritize the review to those programs with the highest impact to the community.

It is possible that the program assessment will determine that providing full access to a given program, service or activity is simply not possible. In such a case, BV will work with the City to determine if providing full access to the program would be an “undue financial and administrative burden.” Determinations regarding a finding of an “undue financial and administrative burden” require specific
documentation as set forth in the Title II regulations.

Website Accessibility Review (Task 1)
The ADA applies to Title III public accommodations’
websites, regardless of whether there is a specific regulation or technical standard in the ADA standards.

In a 2018 letter to Congress regarding business owned
websites, the Department of Justice (DOJ) noted, as it has in the past with other elements, spaces, or technologies for which there are no technical accessibility specifications, that the absence of a technical standard does not “serve as a basis for noncompliance” with the ADA’s general
obligation to ensure equal access to goods and services.

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21 Rather, it means that public accommodations have
“flexibility” in how to facilitate that access.

Existing website standards and guidelines can help web
developers create and maintain accessible websites.

DOJ has often referred to the Web Content Accessibility Guidelines (WCAG 2.0), developed by the Web Accessibility Initiative (WAI), as a way of measuring the accessibility of websites.

BV will analyze and evaluate the City’s website for
accessible content, including use of the WAVE web
accessibility evaluation tool or similar technology. Applying the current WCAG version (currently 2.1), BV will determine barriers to accessibility within the City’s website and present appropriate barrier removal.

This review is limited to up to 7 templated pages and forms that are representative to your website and those general edits will need to be remedied throughout the entire site.

Our review will also include the ADA Coordinator Notice, the Non-Discrimination Notice, the Grievance Procedure and
Complaint Form, and any Self-Evaluation & Transition Plan postings. BV will also provide WCAG 2.1 AA compliance guidance for digital content.

Public Outreach (Task 6)
ADA Coordinator Public Contact Posting (Task 2)
Bureau Veritas will prepare and publish the ADA
Coordinator’s contact information in multiple accessible formats for City facilities and the website, addressing Caltrans Finding 2b. The deliverable will include an ADA Coordinator Notice Package in both PDF and web formats
that comply with required accessibility standards per the Caltrans template.

ADA Grievance Procedure & Complaint Process (Task 3)
Bureau Veritas will develop a grievance and complaint
management system compliant with 28 CFR 35.107(b),
addressing Findings 3a, 3bi, and 3c. We will prepare: a formal grievance procedure, notices identifying the ADA Compliance Officer, a fillable ADA Complaint Form (PDF
and web versions), and a Standard Operating Procedure for intake, tracking, investigation, and resolution of complaints.

ADA Non-Discrimination Notice (Task 4)
Bureau Veritas will prepare a Citywide ADA/Section 504
Non-Discrimination Policy Statement consistent with 28
CFR 35.106 and the Caltrans template. Deliverables include draft and final policy statements, posting materials for the website and public facilities, and guidance for annual maintenance and updates.

Community engagement is an essential part of creating a successful Transition Plan and Policy Procedure Guideline.

BV with work with the City to seek input from Staff, the general public, and the accessible community. This input is critical for understanding how facilities are actually being used and how to increase usability. Early engagement
increases community awareness, engagement after the
draft Transition Plan increases buy-in from the community, especially those advocating for accessibility.

The community engagement results and the City’s ADA
Compliance Team’s advice will be incorporated into the
Transition Plan. The Transition Plan can establish phases of barrier removal, without a calendar timeframe. To the extent that a facility, program, service, or activity is not going to be fully accessible to and usable by people with disabilities in the immediate future, we will work with the ADA Compliance Team to determine the best interim
procedure or policy in order to enhance accessibility to the maximum extent possible.

BV has experience with public outreach, including public input to the transition plan. Public outreach must be
conducted prior to development of the Transition Plan, in order to determine user priorities and program opinion.

BV will arrange for and conduct a public outreach meeting for the community at large. BV will reach out to local
disability rights and service organizations for their valuable community input.

BV’s goal is to assist the City in providing the most
economically viable improvements for its users. The
results of the initial public outreach and the advice of the City’s ADA Compliance Team will be incorporated
into the Transition Plan. BV will provide barrier removal recommendations to improve the amenities necessary to
comply with the applicable standards to provide facility and program access.

An example of survey results from public sessions is
included on the next page.

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22 Facility and Parks Assessments (Task 5)
An experience accessibility field observer will visit each property to observe the general condition of the site,
facility interior, facility exterior improvements, and review available documents in order to familiarize themselves with each site’s specific accessibility issues. BV will conduct a walk-through visit of each facility in order to observe and identify physical accessibility deficiencies and formulate recommendations to eliminate the physical barriers.

As a part of the assessment process, BV will meet with a City representative in order to gain a clear understanding of the overall features and programs, property condition, and completion dates of additions and/or renovations,
either on-site as part of the individual site assessment or at the City’s offices reviewing the entire inventory. Areas to be observed include all interior and exterior features of the property, including parking lots, amenities, sidewalk/ pathways, recreational assets, exterior access ramps, all interior areas accessible to the public, and employee areas.

The field observer will develop recommendations
based on the walk-through visit and interviews with City representatives and BV’s vast experience gained on similar properties previously evaluated.

The field observer may also question others who are
knowledgeable of the property’s physical condition and
operation, or of similar systems to gain comparative
information to use in evaluation of the property.

The field observer will review documents and information provided by the City that could aid BV’s knowledge of the subject property’s physical improvements, extent and type of use, and/or assist in identifying material discrepancies between reported information and observed conditions.

During the walk-through, the observer will utilize a field checklist based on the 2010 ADA Standards for Accessible Design, which are the current ADA accessibility guidelines (ADAAG), as well as any more stringent accessibility
standards defined by the State and local accessibility codes.

The field observer will utilize a digital level, measuring tape, door pressure gauge, light and sound meters, and
digital camera or an iPad with equivalent capability to evaluate existing elements to determine if barriers are present. The observer will identify and prioritize any
existing improvements not in accordance with ADA,
state, and local accessibility requirements, in the order of preference advised by the Department of Justice in Title II requirements, or as modified through agreement with the City and by public survey results, such as:
• Physical access to the property
• Access to interior public areas
• Access to common areas, including recreation facilities and other observable space
• Access to restrooms; and
• Removal of remaining barriers
The field checklists will incorporate the applicable
standards. An excerpt of the field checklist is included on the next page.

The BV team will assess exterior areas and interior common areas that are defined as areas of public accommodation, as well as the employee areas defined by the City. BV will identify existing non-compliant conditions, including but not limited to, the elements specified below (if applicable):
• Space allowance/ranges
• Accessible routes, vestibules, corridors
• Protruding object
• Ground/floor surfaces
• Loading zones

FEATURE
% OF

RESPONDENTS
WHO RATED
FEATURE NO. 1
% OF

RESPONDENTS
WHO RATED
FEATURE NO. 2
% OF

RESPONDENTS
WHO RATED
FEATURE NO. 3
% OF

RESPONDENTS
WHO RATED
FEATURE NO. 4
% OF

RESPONDENTS
WHO RATED
FEATURE NO. 5
Public Restrooms 60% 0% 40% 0% 0%
Accessible Seating 20% 30% 20% 20% 0%
Accessible Routes 20% 30% 10% 20% 20%
Entrances / Doorways 0% 10% 20% 40% 30%
Parking Accommodations 0% 10% 10% 40% 40%
Note: Highest percentages are highlighted. Percentages are rounded numbers.

PUBLIC SURVEY RESULTS FOR CITY BUILDINGS

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23 • Curb ramps
• Ramps
• Stairs
• Elevators
• Platform lifts
• Windows
• Doors
• Hardware
• Work surfaces
• Entrances and exits
• Drinking fountains and water coolers
• Water closets
• Toilet stalls
• Urinals
• Lavatories and mirrors
• Bathtubs
• Shower stalls
• Toilet rooms
• Bathrooms
• Dressing/fitting rooms
• Sinks
• Storage
• Handrails, grab bars, and tub/shower seats
• Controls and operating mechanisms
• Alarms (visual, audible)
• Detectable warnings
• Signage (Braille, visual)
• Telephones
• Switches and outlets
• Seating and tables
• Assembly areas
• Parking
• Sidewalks and walkways
• Playgrounds and play areas
• Pools/aquatic facilities
• Recreational assets

If proposed solutions to the identified barriers to
accessibility would place an undue administrative or
financial burden on the City, BV will discuss these solutions in advance with City staff. BV will provide an order of magnitude (pre-planning level) estimate for all items of work necessary to bring each facility into compliance. All estimates will be based upon current year costs without escalation. Escalation factors can be included if preferred by the City.

PRIORITY RANKING AND CLASSIFICATION
The analysis will include all barriers to be ranked by Priority Classes. The four classes below are DOJ recommended but can be altered to meet your specifications and needs:

Priority 1: Accessible Approach and Entrances – An
entity providing accommodation to the public is
required to take measures to provide access to a place
of public accommodation from public sidewalks,
parking, or public transportation. These measures
include, for example, installing an entrance ramp,
correcting tripping hazards or lessening the slope of a curb ramp. At least one route of travel to each amenity or feature should be safe and accessible for everyone,
including people with disabilities.

Priority 2: Elements along the Accessible Route
– Barriers which occur along the path of travel
shall be removed, where such a barrier is easily
accomplishable. Examples include moving items
within reach range, widening doors, installing
accessible door hardware, and removing high-pile
carpeting.

Priority 3: Restroom Facilities – Barrier removal may
include widening of toilet stalls, installation of grab bars. replacement of sinks and drinking fountains.

Priority 4: Access to All Other Features and Amenities – Measures are required to provide access to other
areas. This priority is for items not required for basic access in the other three higher priorities.

WHEELCHAIR STALLS YES NO N/A NOTES Regulatory
Section
Is there 48” min. from the door side of compartment to any wall or obstruction when approach to compartment is parallel approach to the latch side of the door? Measurement must be made perpendicular to compartment door when fully closed from outside of door to obstruction outside compartment.

Does door have door pulls on both sides of door near the latch? Is centerline of water closet 17" min. to 18" maximum from side wall?

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24 Public Rights-of-Way Evaluation (Task 5)
Prior to initiating the public right-of-way (PROW) portions of the contract, BV (BV) will confirm the list of sidewalks, streets, and curb ramps that will be analyzed. If sidewalk locations are not known, BV will take a strategic approach using the GIS street network to ensure a complete dataset is collected.

BV will systematically survey the sidewalk surface
environment for compliance with state, local, and federal accessibility standards. BV will document changes in level, roughness, running slope, cross slope, width, and other pathway events that may pose a barrier in the pedestrian network. Objective sensor-based data along with
technician observed barriers will be recorded. BV will assess curb ramps for ADA compliance, measuring necessary
attributes, including but not limited to running slope, cross slope, landings, flares, and detectable warnings.

Image documentation of all curb ramps will be provided.

The barriers of each curb ramp or the lack of a curb ramp will be documented. BV will capture deficiency data for transit stops, signalized intersections, and unsignalized intersections, including access to pedestrian pushbuttons and the condition and presence of markings.

The PROW survey will begin in those priority areas that received the highest rank and will then extend to the
other areas which are part of the rights-of-way list. This evaluation will identify and record any gaps in connectivity, potential safety hazards, obstructions, missing curb ramps, and general noncompliance with accessibility regulations, including the following:
• Assessment of the Pedestrian Right of Way (Sidewalks) • Assessment of Curb Ramps
• Assessment of Pedestrian Crossings, Signalized
Intersections, Un-signalized Intersections
Public Rights of Way Assessment Technology
The BV team will utilize proprietary technology to efficiently and accurately assess the conditions that exist in the
sidewalk environment within the City’s jurisdiction. An assessment coordinator utilizes a manually-propelled
sensor-based device (or in some cases an autonomous
robotic device) to systematically evaluate the sidewalk surface. The device automates the process of identifying important pathway measurements for ADA compliance and
infrastructure management, including:
a) level changes (tripping hazards);
b) running slope;
c) cross slope;
d) WPRI roughness;
e) width (including pinch points);
f) images every ten feet;
g) low clearances;
h) presence of obstructions;
i) presence of vegetation;
j) presence of other manually flagged attributes; and other qualitative attributes.

If required, one of our technology devices is uniquely
qualified to measure wheelchair pathway roughness index (WPRI) according to ASTM E3028 (standard development
funded by the Access Board).

The technology utilizes lasers, inertial measurement
sensors, and HD cameras to facilitate data collection
of all necessary measurements. It supports sidewalk,
crosswalk, and public right-of-way data collection up to five times faster than standard methods (tape measures
and levels), while providing the best data. Unlike other tools and software, our technology delivers continuous data
rather than individual points of only tripping hazards and obstructions on a map. This means that the City receives the most complete dataset without missing any part of the pedestrian network.

BV gathers all of the typical curb ramp, pedestrian signal, and bus stop measurements for ADA compliance, including but not limited to:
a) running and cross slopes;
b) lengths and widths;
c) detectable warning surfaces;
d) landing measurements;
e) presence of obstructions;
f) photos; and other configurable measurements and
qualitative attributes.

Federal, state, or local curb ramp types are utilized as a guide to facilitate data collection of all necessary
measurements. Our technology supports data collection
up to six times faster than standard methods, providing the best data. Unlike Lidar collection methods, which can have difficulty measuring slopes the technology provides accurate slope and distance measurements comparable
to the standard tape measure and digital level. Its unique rating index, which is customizable, makes it easy to
prioritize improvements, delivering data-driven results, and saving time and money.

PROW Deliverable
All data is delivered in a GIS-compatible format (.gdb or .shp), making it easy to integrate into the City’s GIS software enabling easy data-driven decision-making. Data may be

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25 exported in a Microsoft Excel format with GPS coordinates for easy spreadsheet analysis. Sidewalk data is delivered as connected ten foot segments to match with the collected images and on a block-face system. An accessibility score and pavement score is given to each 10-foot segment and each block-face, which allows for prioritization at both the micro (segment) and macro (block) levels. Curb ramp, transit stop, and pedestrian signal information is delivered as individual GIS point layers containing all associated data and condition scores. The scoring methodology is
configurable based on the weighted value assigned to
each attribute.

ADA Training (Task 1)
Bureau Veritas has extensive experience providing
comprehensive training on ADA laws, regulations, and
compliance best practices. Our team of ADA experts has
worked with numerous municipalities across the country
to educate staff on the requirements of the Americans with Disabilities Act (ADA) and how to effectively implement and maintain ADA self-evaluation and transition plans.

We will work closely with the City to tailor the
training curriculum to address the specific needs and
responsibilities of designated staff. This will include in- depth instruction on applicable ADA laws and regulations, as well as hands-on guidance for using and maintaining
the City’s self-evaluation, transition plan, and associated project database and mapping tools. Our training will
ensure that City staff are fully equipped to comply with all ADA requirements within the built enviroment and sustain ongoing accessibility efforts. We have a proven track
record of delivering high-quality, interactive training that empowers public sector Citys to proactively address ADA compliance.

Transition Plan (Task 5)
Bureau Veritas will prepare a complete ADA Transition Plan that satisfies each requirement under Caltrans Program
Assessment Finding 6 (6a through 6i) and fully complies with Title II of the ADA (28 CFR 35.150).

The field assessment data and costs, programs assessment, and the public rights-of-way data and costs will be brought together in one document to form the Transition Plan. Once the assessments of the programs, buildings, facilities, and parks are complete, data will be analyzed and prioritized.

The Transition Plan document will include all identified barriers to accessibility, associated costs for barrier removal, and tentative solutions.

Solutions will be discussed with City staff and presented to stakeholders, as needed. Once all facility assessments have been completed, a Draft Transition Plan will be prepared.

The Transition Plan will provide a framework for full
compliance with the accessibility regulations.

The Transition Plan process comprises the following
components:
• Identification of physical and programmatic barriers in facilities under the City’s jurisdiction.
• Determination of the barrier removal remedy and an
order of magnitude estimate of the cost of the barrier
removal required to eliminate the physical barrier or
discriminatory practice.
• Assignment of priority level to the barrier removal.
• Formulation of the Transition Plan within the
parameters of projected fiscal year budget constraints.

Within the Transition Plan, BV notes work that shall remove physical and programmatic barriers in existing facilities, and communication barriers structural in nature, where such removal is able to be carried out without much difficulty or expense. This document will outline in detail the steps required for the City to achieve accessibility compliance.

Where the Transition Plan identifies work which will take longer than one year to complete, a multi-year schedule with priorities will be provided.

Results of the initial public outreach and the advice of the Client’s ADA Compliance Team will be incorporated
into the Transition Plan. The Transition Plan can establish phases of barrier removal, without a calendar timeframe.

To the extent that a facility, program, service, or activity is not going to be fully accessible to and usable by people with disabilities in the immediate future, we will work with the ADA Compliance Team to determine the best interim
procedure or policy in order to enhance accessibility to the maximum extent possible.

BV will meet with the ADA Compliance Team to present a
Draft Transition Plan and gain its input and commentary on the Draft Transition Plan prior to presentation to the community.

The ADA requires that a public entity solicit and allow for the participation of interested persons in the development of a Transition Plan. The public outreach effort for the Draft Transition Plan will include advertisements in local newspapers in the weeks leading up to a public meeting
for presentation of the draft Transition Plan. It will be the responsibility of the Client to post notice of the public meeting on the City’s website. Following the public
meeting, BV will meet with the ADA Compliance Team to
review all applicable commentary and to make choices
regarding the draft final plan to be presented to the City.

Regular maintenance or rehabilitation projects and that accessibility projects are blended into other scheduled work, when possible.

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26 Following the review and inclusion of public comments in the Transition Plan, BV will submit the Final Transition Plan in printed and electronic copies to the designated parties and stakeholders. The Final Transition Plan will include an executive summary, and a description of how the
entire self-evaluation and transition planning process was conducted. BV will present the Final Transition Plan to the City at a scheduled meeting. Along with the Transition Plan and a summary, BV will prepare a PowerPoint presentation that will explain how the Transition Plan was formed, the choices which were made with respect to accessibility
solutions, the manner in which budget decisions were
made, and the benefits that the implementation of the
Transition Plan will bring to the City.

ADA Cost Estimates
The ADA AssetCALC™ cost estimating database is based
on industry cost benchmarks and further customized with proprietary cost tables developed by BV, based on historical and localized actual costs. BV maintains and updates the cost estimating system with information received from the field. Through ADA project management and construction
monitoring work, BV has current cost data from hundreds of in-progress construction and rehabilitation projects. This data allows BV to calculate costs based on local conditions to maintain a cost database that is up-to-date.

Typically, barrier removal planning level cost estimates are based upon the removal of the specific element, for example, a parking stall or curb ramp. In some site-specific instances, barrier removal may affect an area beyond
the specific location of the barrier. Grading plans based on field surveys using land surveyor instrumentation, or architectural plans requiring wall relocation could result in significantly different material quantities and subsequent higher project costs. The database contains standardized order of magnitude cost estimates for barrier removal for use in prioritizing the work in the Transition Plan.

At the implementation stage, it is anticipated a detailed specification will be prepared and bids will be generated to establish planning level costs. ADA AssetCALC™ cost estimates are pre-planning level, order of magnitude
barrier removal cost estimates. Cost tables, similar to the ones detailed in the table below, will be provided for each facility/site.

Caltrans Submission Package (Task 8)
Bureau Veritas will prepare a submission package that
consolidates all corrective actions, documentation, and evidence required for the City to meet Caltrans reporting deadlines. This package will serve as the complete record of the City’s ADA compliance efforts and will include a Compliance Matrix that maps the identified Findings (1, 2b, 3a, 3bi, 3c, 4, and 6a–6i) to the corresponding corrective actions implemented.

Additionally, Bureau Veritas will prepare a draft transmittal letter that the City can use to accompany its submission, explaining the corrective actions taken and reaffirming the City’s commitment to ADA compliance. Bureau Veritas will ensure that all deliverables are finalized and submission- ready well in advance of the June 30, 2027 deadline,
allowing the City adequate time for internal review and any final adjustments before official filing.

Barrier
ID Type Barrier
Priority Detail GPS Lat/
Long
Location
Desc Ref. # Quantity Cost Unit Total
59893
Building
Entrance-
Doors
1 The
maneuvering
clearance at
the entry door
is not
compliant

34.603538
-118.153558
Main
building
entrance
1 1750 EA 1,750
59867
Bathrooms/
Bathing
Rooms/
Shower
Rooms-
Sinage
3 The women's
restroom does
not have
compliant
signage at the
door

Women's
public
restroom
1 110 EA $ 110
ADA AssetCALC Summary Cost Table

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27 Deliverables
The deliverables are:
• Facility and Park ADA Assessments - individual facility and Park reports
• Public Rights-of-way Assessments - individual rights-of- way reports
• Program Access and Policy Review
• Public Outreach Meetings (2) and Public Survey
• Transition Plan
The facility assessment and program assessment reports
are provided in electronic format and are typically
represented in three formats:
• Word® document converted to an Adobe PDF, with
photographic images of barriers and GPS positioning of
exterior barriers.
• Excel® spreadsheet with code references, existing
conditions, barrier resolution, and cost data.
• Cloud-based database ADA AssetCALC™.
• Caltrans Submission Package
BV will provide an ADA report for each facility assessment with a description of each barrier observed and recorded, and will define the location, recorded measurements,
barrier description, applicable ADAAG/state/local code
reference, viable corrective action, priority, and order of magnitude (pre-planning level) cost estimate of repair.

Color photographs of each barrier are included with the barrier record. Barriers will be identified and presented by individual facility. Each report will include an executive summary, including a summary cost table identifying the estimated cost to correct each facility.

The Public Rights-of-Way (PROW) reports will be provided with all of the collected and derived data in a spreadsheet format compatible with Microsoft Excel and as a file
geodatabase that is compatible with GIS products. The
PROW data is separated into two primary data sets; the
Segment Data that contains surface information, and the Feature Data.

Line data and point data can be spatially displayed via the GPS information recorded for the stations and features they contain. Segment Summary data is a table of information about each segment that is derived from the collected data.

Feature data is separated into three different tables. The first is the spatial feature summary that contains the spatial location and type information for each feature collected.

The second feature is a table created for each individual feature type collected contain the specific attribute data for that feature type. The third table is the compliance table that derives the compliance of each feature based on a series of queries comparing the collected data and the minimum requirements of the Draft Guidelines for
Pedestrian Facilities in the Public Right-of-Way (PROWAG).

Both the feature data and compliance data can be joined or related to the spatial feature summary table via a unique ID that the PROW software generates.

BV will use our web-based database, ADA AssetCALC™
for the facility assessments, and for components of the Transition Plan. ADA AssetCALC™ will provide the City with the ability to generate cost tables for all facilities, or for each individual facility. Similar types of barriers can be queried within the ADA AssetCALC™ database across all
facilities, with the resulting ability to improve purchasing and contracting power. Barriers can be ranked by priority for removal. Photos will be uploaded to ADA AssetCALC™
to be viewed as a photo log or individually, when reviewing a specific barrier. BV will provide a Transition Plan, which will include the program access report, presented in a
Word document converted to an Adobe PDF, with the data
exportable to an Excel format. BV will provide an electronic draft of the reports for review, including text, tables, digital photos, field notes, and supporting documentation. Final reports will be provided after all the City’s comments have been addressed.

Data Management Solution - ADA
AssetCALC™ Software
BV is providing access, at no additional charge, to ADA AssetCALC™ for a period of three (3) years. This platform streamlines the Capital Planning and ADA Transition
Planning process by compiling funding requirements for
barriers and creating budget models based on project
priority, life cycle maintenance, and repair requirements.

The City is not required to utilize this software as we will provide hardcopy reports and we can export the data to
Excel and Word formats. We have included ADA AssetCALC™ licenses for three (3) years with unlimited users.

ADA AssetCALC™ is a web-based SQL database platform
that enables users to query, edit, and analyze their facility accessibility and condition data to plan immediate and
short-term barrier repairs, and budget capital expenditures throughout the lifecycle of a single building or an entire portfolio. The system unites BV’s experienced field data collection methods with advanced planning and reporting tools, construction cost library, location mapping features, digital photo management, and document storage.

ADA AssetCALC™ will provide the City with the ability
to list, prioritize, query, and track deficiencies recorded through the Self-Assessment Process. It is easy to use, and populated with accessibility requirements pertinent to the

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28 City. BV recognizes that budgets change and the Transition Plan must be able to account for unplanned occurrences.

ADA AssetCALC™ provides a process to complete work on
those barriers that have been corrected over time. Reports can be queried instantaneously to reflect the barriers
corrected. ADA AssetCALC™ provides the ability to track progress over time.

Prior to populating the database, BV will work with the City to establish required attributes and data points associated with each asset. This will include a discussion of the relative priority of the asset requiring barrier removal. This will include all of the City’s physical assets and will be grouped in a hierarchy based on site location, asset group, and function.

BV will utilize ADA AssetCALC™ to track physical accessibility needs associated with the Implementation/Transition Plan.

The database contains a capital planning and transition planning module in which accessibility construction
projects may be established, including barrier removal
priorities. It will provide the City with a consolidated database of capital projects related to barrier removal.

Capabilities of ADA AssetCALC™ include, but are not limited to:
• Microsoft.net web-enabled software
• Customizable fields, groupings, and reporting
• Reports, charts and graphs to forecast capital needs for individual buildings and construction projects
• Progress reports and tracking of the corrective measure progress
• Capital budget planning tools to assign and track
progress over fiscal years
• Corrective action work completed/progress complete
• Access to the observed site conditions of barriers with photographs and GPS positions of exterior barriers
• Updateable cost library makes budgets more accurate
over time
• Customizable priority framework and search tools to
help decision makers
• Export tools to take data to other applications, including Microsoft Excel
• Repository for storing and searching documents related to buildings and component
• ADA compliance library to plan and track accessibility improvements
• Administrative tools for managing user access
ADA AssetCALC™‘ reporting can include GPS coordinates for locations of each exterior barrier on a satellite map. BV, in conjunction with Google Earth imaging, provides the most recent satellite mapping. Each exterior barrier is indicated by its own GPS marker.

Additional screenshots and a live demonstration are
available upon request.

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29 Observation Input / Barrier Detail Screen

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30 Interactive GPS map with numbered icons
Work Completed/Verified Report

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31 BV has the ability and resources to complete the Citywide ADA & Section 504 Compliance Program Development and Implementation services in a timely manner.

The following details our proposed timeline to complete the project. This schedule is open to negotiations between the City and BV.

Proposed Schedule
ID Task Name Start Finish
1 Finalize Contract and Notice to Proceed Mon 5/4/26 Mon 5/4/26 2 Program Planning / Scheduling Mon 5/4/26 Mon 5/11/26
3 Kickoff Meeting with San Bernardino Staff Mon 5/11/26 Mon 5/11/26 4 Progress Meetings / Updates Mon 5/25/26 Mon 1/4/27
22 Self Evaluation Assessments - Facilities / Parks / PROW Tue 5/12/26 Fri 12/11/26 23 Team 1 - Facilities / Parks Assessments Tue 5/12/26 Tue 6/23/26 24 Team 2 - Facilities / Parks Assessments Wed 6/24/26 Wed 8/5/26 25 Team 1 - PROW Surveys Tue 5/12/26 Thu 10/22/26
26 Team 2 - PROW Surveys Fri 6/5/26 Tue 11/17/26
27 Team 3 - PROW Surveys Wed 7/1/26 Fri 12/11/26
28 Self Evaluation Reports - Facilities / Parks / PROW Thu 8/6/26 Wed 1/20/27 29 Draft Reports and Costs to San Bernardino Staff (Rolling Delivery) Thu 8/6/26 Fri 9/18/26 30 Prioritization and Costing, GIS Mon 9/7/26 Fri 9/18/26 31 City Staff Review of Facility Data and Costs Mon 9/21/26 Fri 10/23/26 32 City Staff Review of PROW Data and Costs Thu 12/17/26 Wed 1/20/27 33 Programs / Policy Review - Stakeholder Outreach Tue 5/26/26 Thu 8/6/26 34 Surveys to Departments Tue 5/26/26 Mon 6/8/26
35 Policy / Program Review / Web Review / Staff Training Tue 6/9/26 Mon 7/6/26 36 Review Staff Surveys Tue 7/7/26 Thu 7/9/26
37 Staff Webinar and Training on ADA Program Findings Thu 7/9/26 Thu 7/9/26 38 Prepare Report on Program / Policy Review Fri 7/10/26 Thu 7/23/26 39 San Bernardino Staff Review of Programs Report Fri 7/24/26 Thu 8/6/26 40 Transition Plans (Facilities & PROW) Wed 1/20/27 Wed 3/31/27 41 Priority Development Meeting Wed 1/20/27 Wed 1/20/27 42 First Draft - Transition Plan Submission Thu 1/21/27 Wed 2/3/27 43 San Bernardino Staff Review of First Draft - Transition Plan Thu 2/4/27 Wed 2/17/27 44 Public Outreach - Draft Transition Plan Wed 2/17/27 Wed 2/17/27 45 Second Draft - Final Transition Plan Submission Thu 2/18/27 Wed 3/3/27 46 San Bernardino Staff Review of Second Draft - Transition Plan Thu 3/4/27 Wed 3/17/27 47 Final Transition Plan Revisions Thu 3/18/27 Wed 3/31/27 48 Caltrans Submission Package Wed 3/31/27 Wed 3/31/27
49 ADA AssetCALC Software Training Wed 3/31/27 Wed 3/31/27 50 Public Outreach - Final Transition Plan Review (TBD) Wed 3/31/27 Wed 3/31/27 51 Wed 3/31/27 Wed 3/31/27
5/4
5/11
7/9
1/20
2/17
3/31
3/31
3/31
3/31
May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr
Qtr 3, 2026 Qtr 4, 2026 Qtr 1, 2027 Qtr 2, 2027
Task
Split
Milestone
Summary
Project Summary
External Tasks
External MileTask
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
Progress
Split

Page 1 ends

Mayor and City CouncilApril 15, 2026

Mayor and City Council
April 15, 2026