AGENDA Board of Directors Metro Valley Study Session

Transcription

1 AGENDA Board of Directors Metro Valley Study Session October 12, 2017 ***Start Time: 9:30 AM*** Location San Bernardino County Transportation Authority First Floor Lobby Board Room 1170 W. 3rd Street, San Bernardino, CA Board of Directors Study Session Chair Darcy McNaboe, Mayor City of Grand Terrace Study Session Vice-Chair Rhodes Dusty Rigsby, Mayor City of Loma Linda Eunice Ulloa, Mayor City of Chino Ray Marquez, Mayor City of Chino Hills Frank Navarro, Council Member City of Colton Rich Kerr, Mayor City of Adelanto Curt Emick, Council Member Town of Apple Valley Julie McIntyre, Mayor City of Barstow Valley Representatives Acquanetta Warren, Mayor City of Fontana Larry McCallon, Mayor Pro Tem City of Highland Paul M. Eaton, Mayor City of Montclair Alan Wapner, Mayor Pro Tem City of Ontario L. Dennis Michael, Mayor City of Rancho Cucamonga Mountain/Desert Representatives Jim Kennedy, Council Member City of Victorville Bill Jahn, Mayor City of Big Bear Lake Bill Holland, Council Member City of Hesperia County Board of Supervisors Jon Harrison, Council Member City of Redlands Deborah Robertson, Mayor City of Rialto R. Carey Davis, Mayor City of San Bernardino Debbie Stone, Mayor City of Upland David Avila, Council Member City of Yucaipa Edward Paget, Mayor City of Needles Joel Klink, Council Member City of Twentynine Palms Rick Denison, Mayor Pro Tem Town of Yucca Valley Robert Lovingood, First District Janice Rutherford, Second District James Ramos, Third District Curt Hagman, Fourth District Josie Gonzales, Fifth District Ex-Officio Member John Bulinski, Caltrans District 8 Director Ray Wolfe, SBCTA Executive Director Eileen Teichert, SBCTA General Counsel

2 San Bernardino County Transportation Authority San Bernardino Council of Governments AGENDA Board of Directors Metro Valley Study Session October 12, :30 AM Location First Floor Lobby Board Room 1170 W. 3rd Street, San Bernardino, CA To obtain additional information on any items, please contact the staff person listed under each item. You are encouraged to obtain any clarifying information prior to the meeting to allow the Board to move expeditiously in its deliberations. Additional Meeting Procedures and agenda explanations are attached to the end of this agenda. i. Pledge of Allegiance ii. iii. iv. Attendance Announcements CALL TO ORDER (Meeting Chaired by Darcy McNaboe) Agenda Notices/Modifications - Melonie Donson Possible Conflict of Interest Issues Note agenda item contractors, subcontractors and agents which may require member abstentions due to conflict of interest and financial interests. Board Member abstentions shall be stated under this item for recordation on the appropriate item. 1. Information Relative to Possible Conflict of Interest Note agenda items and contractors/subcontractors, which may require member abstentions due to possible conflicts of interest. This item is prepared for review by Board of Directors and Committee members. Pg. 10 pg. 2

3 CONSENT CALENDAR Items listed on the Consent Calendar are expected to be routine and non-controversial. The Consent Calendar will be acted upon as a single motion. Items on the Consent Calendar may be removed for discussion by Board Members. Consent - Project Delivery 2. Construction Contract Change Orders to on-going San Bernardino County Transportation Authority construction contracts with Riverside Construction, Inc. and MCM Construction, Inc. Receive and file change order report. Presenter: Paula Beauchamp This item is not scheduled for review by any other policy committee or technical advisory committee. Discussion - Project Delivery DISCUSSION ITEMS 3. Major Projects Status Report through September 2017 Receive the Major Projects Status Report for the period through September Presenter: Paula Beauchamp This item is not scheduled for review by any other policy committee or technical advisory committee. 4. State Route 60 Central Avenue Interchange Project - Amendment No. 1 to Cooperative Agreement with the City of Chino and Request for Proposal for Construction Management Services That the following be reviewed and recommended for final approval by the Board of Directors, acting as the San Bernardino County Transportation Authority, at a regularly scheduled Board meeting: A. Approve Amendment 1 to Cooperative Agreement (R14050) with the City of Chino allowing San Bernardino County Transportation Authority (SBCTA) to acquire property necessary for the State Route 60 (SR-60) Central Avenue Interchange Project in SBCTA s name; agreeing to SBCTA s exercise of eminent domain; and agreeing to SBCTA s conveyance by quit claim deed to the City of all Project acquired right-of-way (ROW) located within the City s jurisdictional boundaries; and B. Authorize staff to appraise properties identified in Table A and to make offers of Just Compensation to the property owners for the acquisition of property necessary for the Project; and C. Authorize the Director of Project Delivery to add or delete such parcels in Table A as the Director of Project Delivery determines necessary for the Project; and D. Authorize release of Request for Proposal (RFP) No for Construction Management Services for the SR-60 Central Avenue Interchange Project. Presenter: Paula Beauchamp This item is not scheduled for review by any other policy committee or technical advisory committee. SBCTA General Counsel and Procurement Manager have reviewed this item and the draft amendment and the draft RFP. pg. 3 Pg. 13 Pg. 22 Pg. 24

4 5. State Route 210 Lane Addition and Base Line Interchange Authorization Request for Right of Way Appraisals and Offers That the following be reviewed and recommended for final approval by the Board of Directors, acting as the San Bernardino County Transportation Authority, at a regularly scheduled Board meeting: A. Authorize staff to appraise properties identified in Table A and to make offers of Just Compensation to the property owners for the acquisition of property necessary for the State Route 210 (SR 210) Mainline Addition and SR 210 Base Line Interchange (Project); and B. Authorize the Director of Project Delivery to add or delete parcels in Table A as the Director of Project Delivery determines necessary for the Project. Presenter: Paula Beauchamp This item is not scheduled for review by any other policy committee or technical advisory committee. SBCTA General Counsel has reviewed this item. 6. Request for Proposals for On-Call Right of Way Services That the following be reviewed and recommended for final approval by the Board of Directors, acting as the San Bernardino County Transportation Authority, at a regularly scheduled Board meeting: Authorize Release of Request for Proposals (RFP) No for procurement of On- Call Right of Way Services to support the delivery of the Major Projects Program. Presenter: Paula Beauchamp This item is not scheduled for review by any other policy committee or technical advisory committee. SBCTA General Counsel and Procurement Manager have reviewed this item and a draft of the RFP. 7. Interstate 10 Alabama Street Improvements Project Agreement with Caltrans That the following be reviewed and recommended for final approval by the Board of Directors, acting as the San Bernardino County Transportation Authority, at a regularly scheduled Board meeting: Approve Cooperative Agreement No with the California Department of Transportation (Caltrans) for the Project Approval and Environmental Document (PA&ED), Plans, Specifications, and Estimates (PS&E) and Right of Way (ROW) phases of the Interstate 10 (I-10)/Alabama Street Improvements Project. Presenter: Timothy Byrne This item is not scheduled for review by any other policy committee or technical advisory committee. SBCTA General Counsel and Procurement Manager have reviewed this item and the draft agreement. Pg. 65 Pg. 68 Pg. 91 pg. 4

5 Discussion - Transportation Programming and Fund Administration 8. Budget Amendment for Interchange Project Advancement Agreements That the following be reviewed and recommended for final approval by the Board of Directors, acting as the San Bernardino County Transportation Authority, at a regularly scheduled Board meeting: Approve a Fiscal Year 2017/2018 budget amendment to increase Task 0550 Allocations/Pass Throughs by $1,100,000 to be funded with Measure I Freeway Interchange Program funds. The budget amendment is necessary to reimburse the public share for additional invoices provided by the City of Rialto for the I-10/Riverside Interchange Project and for additional invoices provided by the City of Yucaipa for the I-10 Live Oak Interchange Project. Presenter: Ellen Pollema This item is not scheduled for review by any other policy committee or technical advisory committee. Pg. 120 Public Comment Brief Comments by the General Public Comments from Board Members Brief Comments from Board Members ADJOURNMENT Additional Information Attendance Acronym List Mission Statement Pg. 122 Pg. 124 The next Board of Directors Metro Valley Study Session is scheduled for November 9, pg. 5

6 Meeting Procedures and Rules of Conduct Meeting Procedures - The Ralph M. Brown Act is the state law which guarantees the public s right to attend and participate in meetings of local legislative bodies. These rules have been adopted by the Board of Directors in accordance with the Brown Act, Government Code et seq., and shall apply at all meetings of the Board of Directors and Policy Committees. Accessibility - The meeting facility is accessible to persons with disabilities. If assistive listening devices or other auxiliary aids or services are needed in order to participate in the public meeting, requests should be made through the Clerk of the Board at least three (3) business days prior to the Board meeting. The Clerk s telephone number is (909) and office is located at 1170 W. 3 rd Street, 2 nd Floor, San Bernardino, CA. Agendas All agendas are posted at 1170 W. 3 rd Street, 1st Floor, San Bernardino at least 72 hours in advance of the meeting. Staff reports related to agenda items may be reviewed at the SBCTA offices located at 1170 W. 3 rd Street, 2 nd Floor, San Bernardino and our website: Agenda Actions Items listed on both the Consent Calendar and Discussion contain recommended actions. The Board of Directors will generally consider items in the order listed on the agenda. However, items may be considered in any order. New agenda items can be added and action taken by two-thirds vote of the Board of Directors or unanimous vote of members present as provided in the Ralph M. Brown Act Government Code Sec (b). Closed Session Agenda Items Consideration of closed session items excludes members of the public. These items include issues related to personnel, pending litigation, labor negotiations and real estate negotiations. Prior to each closed session, the Chair will announce the subject matter of the closed session. If action is taken in closed session, the Chair may report the action to the public at the conclusion of the closed session. Public Testimony on an Item Members of the public are afforded an opportunity to speak on any listed item. Individuals wishing to address the Board of Directors or Policy Committee Members should complete a Request to Speak form, provided at the rear of the meeting room, and present it to the Clerk prior to the Board's consideration of the item. A "Request to Speak" form must be completed for each item an individual wishes to speak on. When recognized by the Chair, speakers should be prepared to step forward and announce their name and address for the record. In the interest of facilitating the business of the Board, speakers are limited to three (3) minutes on each item. Additionally, a twelve (12) minute limitation is established for the total amount of time any one individual may address the Board at any one meeting. The Chair or a majority of the Board may establish a different time limit as appropriate, and parties to agenda items shall not be subject to the time limitations. Members of the public requesting information be distributed to the Board of Directors must provide 40 copies of such information in advance of the meeting, except for noticed public hearings. Information provided as public testimony is not read into the record by the Clerk. The Consent Calendar is considered a single item, thus the three (3) minute rule applies. Consent Calendar items can be pulled at Board member request and will be brought up individually at the specified time in the agenda allowing further public comment on those items. Agenda Times The Board is concerned that discussion take place in a timely and efficient manner. Agendas may be prepared with estimated times for categorical areas and certain topics to be discussed. These times may vary according to the length of presentation and amount of resulting discussion on agenda items. pg. 6

7 Public Comment At the end of the agenda, an opportunity is also provided for members of the public to speak on any subject within the Board s authority. Matters raised under Public Comment may not be acted upon at that meeting. Public Testimony on any Item still applies. Disruptive or Prohibited Conduct If any meeting of the Board is willfully disrupted by a person or by a group of persons so as to render the orderly conduct of the meeting impossible, the Chair may recess the meeting or order the person, group or groups of person willfully disrupting the meeting to leave the meeting or to be removed from the meeting. Disruptive or prohibited conduct includes without limitation addressing the Board without first being recognized, not addressing the subject before the Board, repetitiously addressing the same subject, failing to relinquish the podium when requested to do so, bringing into the meeting any type of object that could be used as a weapon, including without limitation sticks affixed to signs, or otherwise preventing the Board from conducting its meeting in an orderly manner. Your cooperation is appreciated! pg. 7

8 General Practices for Conducting Meetings of Board of Directors and Policy Committees Attendance. The Chair of the Board or a Policy Committee (Chair) has the option of taking attendance by Roll Call or Self-Introductions. If attendance is taken by Roll Call, the Clerk of the Board will call out by jurisdiction or supervisorial district. The Member or Alternate will respond by stating his/her name. If attendance is by Self-Introduction, the Member or Alternate will state his/her name and jurisdiction or supervisorial district. A Member/Alternate, who arrives after attendance is taken, shall announce his/her name prior to voting on any item. A Member/Alternate, who wishes to leave the meeting after attendance is taken but before remaining items are voted on, shall announce his/her name and that he/she is leaving the meeting. Basic Agenda Item Discussion. The Chair announces the agenda item number and states the subject. The Chair calls upon the appropriate staff member or Board Member to report on the item. The Chair asks members of the Board/Committee if they have any questions or comments on the item. General discussion ensues. The Chair calls for public comment based on Request to Speak forms which may be submitted. Following public comment, the Chair announces that public comment is closed and asks if there is any further discussion by members of the Board/Committee. The Chair calls for a motion from members of the Board/Committee. Upon a motion, the Chair announces the name of the member who makes the motion. Motions require a second by a member of the Board/Committee. Upon a second, the Chair announces the name of the Member who made the second, and the vote is taken. The aye votes in favor of the motion shall be made collectively. Any Member who wishes to oppose or abstain from voting on the motion, shall individually and orally state the Member s nay vote or abstention. Members present who do not individually and orally state their nay vote or abstention shall be deemed, and reported to the public, to have voted aye on the motion. The Vote as specified in the SANBAG Bylaws. Each Member of the Board of Directors shall have one vote. In the absence of the official representative, the alternate shall be entitled to vote. (Board of Directors only.) Voting may be either by voice or roll call vote. A roll call vote shall be conducted upon the demand of five official representatives present, or at the discretion of the presiding officer. Amendment or Substitute Motion. Occasionally a Board Member offers a substitute motion before the vote on a previous motion. In instances where there is a motion and a second, the maker of the original motion is asked if he or she would like to amend his or her motion to include the substitution or withdraw the motion on the floor. If the maker of the original motion does not want to amend or withdraw, the substitute motion is voted upon first, and if it fails, then the original motion is considered. Occasionally, a motion dies for lack of a second. pg. 8

9 Call for the Question. At times, a Member of the Board/Committee may Call for the Question. Upon a Call for the Question, the Chair may order that the debate stop or may allow for limited further comment to provide clarity on the proceedings. Alternatively and at the Chair s discretion, the Chair may call for a vote of the Board/Committee to determine whether or not debate is stopped. The Chair re-states the motion before the Board/Committee and calls for the vote on the item. The Chair. At all times, meetings are conducted in accordance with the Chair s direction. These general practices provide guidelines for orderly conduct. From time-to-time circumstances require deviation from general practice. Deviation from general practice is at the discretion of the Chair. Courtesy and Decorum. These general practices provide for business of the Board/Committee to be conducted efficiently, fairly and with full participation. It is the responsibility of the Chair and Members to maintain common courtesy and decorum. Adopted By SANBAG Board of Directors January 2008 Revised March 2014 Revised May 4, 2016 pg. 9

10 1.1 Minute Action AGENDA ITEM: 1 Date: October 12, 2017 Subject: Information Relative to Possible Conflict of Interest Recommendation: Note agenda items and contractors/subcontractors, which may require member abstentions due to possible conflicts of interest. Background: In accordance with California Government Code 84308, members of the SBCTA Board may not participate in any action concerning a contract where they have received a campaign contribution of more than $250 in the prior twelve months from an entity or individual, except for the initial award of a competitively bid public works contract. This agenda contains recommendations for action relative to the following contractors: Consent/Discussion Calendar Items Item No. Contract No. Principals & Agents Subcontractors 2-A MCM Construction, Inc. Harry McGovern 2-B Riverside Construction, Inc. Brian Pim Alcorn Fence Company BC Rentals, Inc. Bithell, Inc. Cal Strip, Inc. Griffith Company Hardy & Harper, Inc. Integrity Rebar Placers Marina Landscape, Inc. Schwager Davis, Inc. Smith & Son Surina Construction Company, Inc. VT Electric, Inc. APCO BRC-Equals 3 Calstripe CNJ Enterprises Competitive Edge Electric Coral Construction Company Entity: San Bernardino Council of Governments, San Bernardino County Transportation Authority Packet Pg. 10

11 Board of Directors Metro Valley Study Session Agenda Item October 12, 2017 Page CP Construction D.C. Hubbs Construction Drill Tech Griffith Company Integrity Rebar Placers Matich Corporation MTGL Penhall Company PRSI Quality Traffic Control Item No. 4 Principals & Agents Elite Dynamics Thrifty Oil Company Lucrative Network LLC G6 Hospitality Property LLC Amtee Investments LLC Item No. Principals & Agents Steven Bottini and Lisa Berta Dennis and Teresita Cu Terresa Rochester Katerine Chiem IH2 Borrower LP Manuel Holley 5 Jose DeJesus Tavares Perez MDM PTS-LP Focus Baseline, LLC Gloria Plasencia Willow Creek Townhouses LLC Agoura Willowcreek LTD YN Properties LLC San Bernardino Council of Governments San Bernardino County Transportation Authority Packet Pg. 11

12 Board of Directors Metro Valley Study Session Agenda Item October 12, 2017 Page Item No. Principals & Agents Koam Property Invest, Inc. Highland and Sterling LLC Robertson s Ready Mix 5 City of Redlands/CEMEX San Bernardino County Flood Control District City of San Bernardino Robert M. Hackerd Trust ACAA Limited Partnership Financial Impact: This item has no direct impact on the budget. Reviewed By: This item is prepared for review by Board of Directors and Committee members. Responsible Staff: Paula Beauchamp, Director of Project Delivery Approved Board of Directors Metro Valley Study Session Date: October 12, 2017 Witnessed By: San Bernardino Council of Governments San Bernardino County Transportation Authority Packet Pg. 12

13 2 Date: October 12, 2017 Minute Action AGENDA ITEM: 2 Subject: Construction Contract Change Orders to on-going San Bernardino County Transportation Authority construction contracts with Riverside Construction, Inc. and MCM Construction, Inc. Recommendation: Receive and file change order report. Background: Of San Bernardino County Transportation Authority ten (10) on-going construction contracts in the Metro Valley, two (2) have had Construction Change Orders (CCO s) approved since the last reporting to the Board Metro Valley Study Session. The CCO s are listed below. A. Contract Number (CN) with MCM Construction, Inc. for construction of the I-10 Pepper Avenue Bridge Replacement Project: CCO No. 4 Supplement 4 ($40, additional funds for maintaining traffic and providing temporary traffic control for public convenience as provided for in the Standard Specifications) and CCO No. 35 ($4, increase for extending irrigation crossovers beyond the limits of planned rock blanket but not accounted for by the design engineer). B. CN with Riverside Construction, Inc. for construction of the SR-210 Pepper Avenue Interchange Project: CCO No. 10 Supplement 1 ($40, additional funds for the removal and disposal of buried man-made object encountered during construction as provided for in the Standard Specifications). Financial Impact: This item imposes no financial impact, as all CCOs are within previously approved contingency amounts under Task No. 0830, Interchange Projects, Sub-Tasks No SR-210 Pepper Avenue Interchange and 0896 I-10 Pepper Avenue Interchange. Reviewed By: This item is not scheduled for review by any other policy committee or technical advisory committee. Responsible Staff: Paula Beauchamp, Director of Project Delivery Approved Board of Directors Metro Valley Study Session Date: October 12, 2017 Witnessed By: Entity: San Bernardino County Transportation Authority Packet Pg. 13

14 Board of Directors Metro Valley Study Session Construction Change Orders Log 2.a I-10 Tippecanoe Avenue Phase II Executed Change Orders Number Description Amount 1 Delete Paleontological Resources from Special Provisions $ Revise Special Provisions Section Work Around Parcel $ Maintain Traffic $50, Partnering $35, S-1 Transfer Unused Funds to Contingency ($18,900.00) 5 Dispute Review Board $15, Lee Street Driveway $10, Landscaping Repairs $2, Tree Removal $6, Strom Water Maintenance $19, S-1 Additional Funds $20, Buried Man-made Objects $10, S-1 Additional Funds $20, S-2 Additional Funds $25, S-3 Additional Funds $5, Sign Quantities, Flashing Beacon & Sign Foundation Modifications $38, Placement of Suitable Embankment Material WB Off-ramp $60, S-1 Additional Funds $75, S-2 Additional Funds $20, Replace Paving at Conejo & Lee $5, Plans & Specs Clarification for Bakers Parking Lot $ Casing for Sound Wall CIDH Pile $5, S-1 Transfer Unused Funds to Contingency ($2,664.24) 15 S-2 Additional Funds $ Realignment of Drainage System No. 13 $5, S-1 Additional Funds $3, S-2 Transfer Unused Funds to Contingency ($2,189.10) 17 Driveway Access at 1205 Coulston $17, S-1 Additional Funds $ Modify Stage Construction $ S-1 Additional Funds Staging Modifications $ S-2 Additional Funds K-rail for Staging Switch $1, Asphalt Binder Adjustment for RHMA Mix Design $ SCE Electrical Service Change $ S-1 Decrease in conduit and pull boxes ($5,300.00) 21 Apprentice Training Program $6, Grade Transition at Coulston and Conejo $25, S-1 Grade Transition at Coulston and Conejo ($5,961.35) 23 K-Rail & Crash Cushion $3, Temporary Pavement Repairs W/B On-Ramp $8, S-1 Transfer Unused Funds to Contingency ($421.30) 24 S-2 Additional Funds $ Maintain Existing and Temporary Electrical Systems $50, S-1 Additional Funds $50, Attachment: CCO Log (4049 : Construction Contract Change Orders MVSS1710) Bolded - Construction Change Orders approved since the last reporting to the Metro Valley Study Session Amounts shown in parentheses represent a credit to the Agency Packet Pg. 14

15 2.a 26 Remove Tree at Del Taco $5, S-1 Additional Funds for trees at Lee Street $5, Not Used $ Relocate Water Meters and Gas Meter $12, S-1 Additional Funds $41, S-2 Additional Funds $46, S-3 Additional Funds $3, S-4 Adding 8 Non-Compensable Working Days to Schedule $ S-5 Additional Funds $19, Curb Wall and Hand Railing $57, Traffic Signal & Interconnect Caltrans Modifications $60, S-1 Traffic Signal & Interconnect Caltrans Modifications ($11,526.84) 31 Increase in Bid Item Costs $13, S-1 Additional Funds $1, S-2 Additional Funds $1, S-3 Additional Funds $15, S-4 Additional Funds $125, S-5 Additional Funds $10, S-6 Additional Funds $ S-7 Additional Funds $3, Repair Damage by Others $2, Relocate BK Subs Sign $14, Install Copper Irrigation Service Line In-lieu of PVC Pipe $3, S-1 Additional Funds $8, S-2 Additional Funds $5, Stage 1 Additional Grind and Overlay $22, S-1 Additional Funds $12, S-2 Additional Funds $134, Drainage System No. 22 Re-alignment $20, AC Paving Transition at Back of New Sidewalk $8, S1 Ribbon Gutter and Bollards $10, Not Used $ City of San Bernardino Street Signs $2, Electrical Pull Box Wire Theft Deterrent $1, S-1 Transfer Unused Funds to Contingency ($1,000.00) 41 Rebar Couplers for Bridge Deck Closure Pour $35, Reinstalling Bakers Drive Thru Parking Lot Items $10, S-1 Additional Funds $ Drainage System No. 6 Additional Inlet $27, S-1 Additional Funds $7, S-2 Adding 8 Non-Compensable Working Days to Schedule $ ADA Ramp at Anderson Street $7, S-1 Additional Funds $7, Luminaire Arm Changes SCE $2, HMA Agreed Unit Price (BI 116)Type C to Type A $ Additional Water Meter Fees $8, Fiber Optic Vault $30, Striping Modifications along Anderson $ 0.00 Attachment: CCO Log (4049 : Construction Contract Change Orders MVSS1710) Bolded - Construction Change Orders approved since the last reporting to the Metro Valley Study Session Amounts shown in parentheses represent a credit to the Agency Packet Pg. 15

16 2.a 49 S-1 Modify Striping Plan to Relocate Bike Lane $ Handrail at Redlands and Anderson behind Curb Ramp $15, Testing of Traffic Signal Controller and Cabinet $1, AC Paving Accepted by City of San Bernardino $ Relocation of Irrigation Water Meter $ Construction Staging Striping Removals $21, S-1 Transfer Unused Funds to Contingency ($10,791.78) 56 Modify Curbed Island at Harriman and Tippecanoe $4, S-1 Additional Funds $ Additional Signing and Traffic Markings $12, S-1 Additional Funds $1, S-2 Additional Funds $2, Pedestrian Signal System Change at Redlands/Anderson $2, Add masonry retaining wall $7, Parking Lot Repairs at Florist Shop on Anderson Street $4, Final Bid Item Quantities at Contract Price ($131,954.90) 61 S-1 Adjustment to Bid Items Used on Project ($116,403.84) 61 S-2 Adjustment to Bid Items Used on Project ($87,181.93) 61 S-3 Adjustment to Bid Items Used on Project $2, Type C AC Dike along MBGR $10, Excess Property Protection $35, Additional HMA Paving Quantities at Redlands Blvd $114, Import Borrow Qty Increase $12, Roadway Excavation Qty Increase $12, Settlement of NOPC No. 6 $60, Settlement of NOPC No. 4 $ Interconnect Material Change $2, Tenon Signal Install $5, Not Used $ AC Dike and MBGR work near Drainage Inlet $30, ADA Compliance Rework $10, Unused CCO Funds transferred to Contingency Account ($61,503.34) 74 S-1 Unused CCO Funds transferred to Contingency Account ($137,715.27) 74 S-2 Unused CCO Funds transferred to Contingency Account ($5,000.00) 74 S-3 Unused CCO Funds transferred to Contingency Account ($17,390.54) 75 Claims Resolution (Exclude HLE Claim $304,616.47) $470, S-1 Reduction Contract Work included in CCO Settlement ($17,390.54) 76 Final Resolution of Claims $72, Modify Article 25 of Contractor s Contract $0.00 CCO TOTAL $1,673, TOTAL CONTINGENCY AND SUPPLEMENTAL $1,683, Attachment: CCO Log (4049 : Construction Contract Change Orders MVSS1710) Bolded - Construction Change Orders approved since the last reporting to the Metro Valley Study Session Amounts shown in parentheses represent a credit to the Agency Packet Pg. 16

17 2.a SR-210 Segment 8 Landscaping EEP Executed Change Orders Number Description Amount 1 Slope Erosion Control Measures $15, Replace Remote Control Valve Solenoids $5, Mulch Replenishment $60, Accounting of Unused Contingency on Various Change Orders ($11,074.09) CCO TOTAL $69, TOTAL CONTINGENCY AND SUPPLEMENTAL $199, SR-210 Segment 9 & 10 Landscaping EEP Executed Change Orders Number Description Amount 1 Irrigation Controller Repair $ Additional Irrigation Controller Repair $ 1, Repair Leaking Backflow and Meter $ 1, CCO TOTAL $ 3, TOTAL CONTINGENCY AND SUPPLEMENTAL $ 295, I-10 Riverside Avenue Landscaping EEP Executed Change Orders Number Description Amount 1 Project Deficiencies Repairs $ 2, CCO TOTAL $ 2, TOTAL CONTINGENCY AND SUPPLEMENTAL $ 295, I-10 Cherry Avenue Landscaping EEP Executed Change Orders Number Description Amount 1 Remove Broken Sidewalk Skim-Coat Concrete $1, CCO TOTAL $1, TOTAL CONTINGENCY AND SUPPLEMENTAL $71, I-10 Citrus Avenue Landscaping EEP Executed Change Orders Number Description Amount 1 Install Additional HMA Dike $7, CCO TOTAL $7, TOTAL CONTINGENCY AND SUPPLEMENTAL $53, Attachment: CCO Log (4049 : Construction Contract Change Orders MVSS1710) Bolded - Construction Change Orders approved since the last reporting to the Metro Valley Study Session Amounts shown in parentheses represent a credit to the Agency Packet Pg. 17

18 2.a I-15 Baseline Interchange Executed Change Orders Number Description Amount 1 Maintain Traffic $50, S-1 Provide for Contractors Signature $ S-2 Additional Funds $75, S-3 Additional Funds $60, Partnering $22, Dispute Review Board $15, Maintain and Repair Existing/Temporary Electrical $10, S-1 Provide for Contractors Signature $ S-2 Additional Funds $25, Not Used $ Repairs to Existing Irrigation System $26, Storm Water Pollution Prevention Cost Sharing $50, Existing Landscaping & Irrigation Changes $10, Video Detection $115, Shotcrete Strength Change $ Concrete Slurry behind Anchor Wall No. 2 $12, Fire Plan $27, Apprentice Training $16, Buried Man-made Objects $15, S-1 Additional Funds $15, S-2 Additional Funds $15, S-3 Additional Funds $15, Replace Bid Item 69 with Geocomposite Drain $ Additional K-rail and Crash Cushion Array $17, Eliminating Removal of Decorative Columns ($4,332.70) 18 RE Office; Additional Furniture & High-speed Internet $5, Revisions to CMP Schedule for Re-sequencing $ Curb at Base Line and Americana $30, Relocate 12 CVWD Line $32, S-1 20 Non-Compensable Non-Working Days $ Reduced Width of Outside Shoulder on I-15 ($9,652.00) 23 Welded Steel Pipe Wall Thickness $16, NB On ramp Revisions $69, Retaining Wall 385R Drainage System $15, S-1 Additional Funds $17, DS -13 Realignment $49, Remove Existing DI $7, Reroute Truck Traffic $9, From Liner Spec Revision $ Additional Bridge Haunch Reinforcement $8, Not Used $ Modify Retaining Wall 385R $20, Additional Drainage System on Southbound Off Ramp $22, Relocate Fire Service Assembly $15, Attachment: CCO Log (4049 : Construction Contract Change Orders MVSS1710) Bolded - Construction Change Orders approved since the last reporting to the Metro Valley Study Session Amounts shown in parentheses represent a credit to the Agency Packet Pg. 18

19 2.a 35 S-1 Additional Funds $10, LED Lighting Revision $25, Revise Traffic Handling Plans for Pavement Joint $24, Temporary Traffic Signal Items for Removal of Traffic Island $19, Traffic Handling Plan Modifications ($10,214.00) 40 Not Used $ Revise Irrigation to Reclaimed water $13, Concrete Paving Just In Time Training $ Changes to Traffic Control System and Paving Material $67, Revisions to Traffic Handling Plans for RW 382L $5, Water Line Air-Vac Installation $15, Not Used $ Non-Compensable Non-Working Days $ Not Used $ Not Used $ Eliminating Post Construction Video Inspection on 36 Waterline ($2,500.00) 51 Curb Reconstruction at Northbound Ramp at Base Line $5, Bid Item Adjustments $24, S-1 Adjustment to Increase and Decrease in Bid Items Used on Project $124, S-2 Adjustment to Increase and Decrease in Bid Items Used on Project ($221,825.07) 53 Type A Joint Seal East Ave off ramp Bridge $10, Methacrylate Bridge Deck to Seal Cracks $20, Not Used $ Not Used $ Not Used $ Remove and Replace AC Paving too damaged for Grind & Overlay $15, Revisions to Signing Plans $ Relocate Traffic Signal Pole $5, Replace Backflow Preventer and 2 Inch Waterline $5, MBGR Tie-in s on I-15 $9, Increase of East Avenue Paving Limits $11, Shoulder Backing along I-15 $5, Additional Signage $1, S-1 Additional Funds $2, Added Ped Push Buttons for ADA $10, Extend Barrier and Gutter along RW 385R $10, Additional Drainage Elements to Eliminate Ponding $50, S-1 Additional Funds $8, Removal Man-Made Buried Object Landscape swale $30, Additional Safety Features per Caltrans Safety Review Committee $25, S-1 Additional Funds $15, Additional Water Meter Costs $55, Additional Traffic Signal Head on Bridge $25, Install Recycled Water Compatible Irrigation Components $10, ADA Compliant Replacement Work $19, S-1 Additional Funds $10, Attachment: CCO Log (4049 : Construction Contract Change Orders MVSS1710) Bolded - Construction Change Orders approved since the last reporting to the Metro Valley Study Session Amounts shown in parentheses represent a credit to the Agency Packet Pg. 19

20 2.a 74 S-2 Eliminate Drainage System $ Remove Existing Overhead Sign Structure $7, Final Payment Adjustment for Crude Oil Price Index (285,578.31) 78 Slope Paving Work on Steep Slopes $24, Additional Chain Link Fence $11, Additional Landscaping $17, Relocate Video Detection Camera $5, Caltrans Type Controller at East Avenue $6, Investigation of Drainage System 39 for Caltrans $15, Modify Article 25 of Contractor s Contract $0.00 CCO TOTAL $1,154, TOTAL CONTINGENCY AND SUPPLEMENTAL $2,235, I-10 Pepper Avenue Bridge Replacement Executed Change Orders Number Description Amount 1 Funding Sign Revisions $ Caltrans as Oblige on Contractor s Bonds $ Signal Pole Mast Arm $2, Maintain Roadway and Traffic Control $25, S-1 Additional Funds $15, S-2 Additional Funds $20, S-3 Additional Funds $20, S-4 Additional Funds $40, Federal Training Apprentice Program $8, Air Quality Monitoring during ADL Handling $4, Eliminate Fiber Optic work in Median ($21,875.00) 8 Establish Dispute Resolution Advisor $5, White Traffic Stripe Specification $ Local/Veteran Hiring Program $50, Additional Stage 1 Signing and Striping $7, S-1 Upsize Construction Area Signs for MUTCD Compliance $5, S-2 Additional Funds $1, S-3 Additional Funds $ Fire Protection Plan $70, Revise Lane Closure Charts $ Signal Conduits in Barrier $1, HMA Price Fluctuation Adjustment $6, Bid Item Increases BI 7, 21, 29, 30, 36, 57, 96 $24, S-1 Bid Item Increases; BI 7, 21, 23, 56 2, Delete Temporary Barrier for Stage 2 ($3,950.00) 23 Ramp Metering Modifications $16, Acceleration of Paving Northbound Pepper $21, Attachment: CCO Log (4049 : Construction Contract Change Orders MVSS1710) Bolded - Construction Change Orders approved since the last reporting to the Metro Valley Study Session Amounts shown in parentheses represent a credit to the Agency Packet Pg. 20

21 2.a 24 S-1 Additional Funds $10, Revise Special Provisions for Treated Wood Waste $ Landscape Improvements at Car Lot $7, ADA Armor Plating at Bridge Joint Seals $10, Modify Article 25 of Contractor s Contract $ Extending Irrigation Crossovers $4, CCO TOTAL $354, TOTAL CONTINGENCY AND SUPPLEMENTAL $952, SR-210 Pepper Avenue Interchange Executed Change Orders Number Description Amount 1 Maintain Traffic $50, Storm Water Maintenance $14, Partnering $15, Establish Dispute Review Board $15, Maintain Existing and Temporary Electrical Systems $15, Overhead Sign Quantity Increases $33, Temporary Fiber Optic Work $23, Delay in Start of Work $ K-Rat Fence and Soffit Hole Coverings $10, Removal and Disposal of Buried Man-Made Objects $40, S-1 Additional Funds $40, Modify Article 25 of Contractor s Contract $ Detour Plan Modifications $15, Disposal of Cultural Materials found in Excavation Areas $10, CCO TOTAL $281, TOTAL CONTINGENCY AND SUPPLEMENTAL $1,421, Attachment: CCO Log (4049 : Construction Contract Change Orders MVSS1710) Bolded - Construction Change Orders approved since the last reporting to the Metro Valley Study Session Amounts shown in parentheses represent a credit to the Agency Packet Pg. 21

22 3 Date: October 12, 2017 Minute Action AGENDA ITEM: 3 Subject: Major Projects Status Report through September 2017 Recommendation: Receive the Major Projects Status Report for the period through September Background: The Major Projects Status Report for the period through September 2017 is a high-level summary of relevant project information. This information is presented to provide schedules, cost, funding, and work descriptions for current active projects being managed by the Major Projects Group. 1. Monte Vista Avenue Grade Separation Project: A construction contract was awarded for this $26 million project at the July Board meeting. A new bridge on Monte Vista Avenue will be constructed over the Union Pacific Railroad (UPRR) tracks and State Street in the City of Montclair. This project improves safety through the elimination of an at-grade crossing with the railroad tracks and improves traffic operations and air quality by eliminating motorist delay waiting for train traffic to cross. Construction is already underway and the project is anticipated to be complete for beneficial use by early Interstate 10 (I-10) Pepper Avenue Interchange Project: This $10 million interchange project was complete for beneficial use in August. A ribbon cutting event was held to mark this important milestone. The new five lane bridge over I-10 in the City of Colton will improve traffic operations and reduce congestion along Pepper Avenue. Completion of the project is anticipated in the middle of next year. This project was completed through the use of a number of Federal, State, and local funds. 3. Interstate 15 (I-15) Express Lanes: The draft environmental document (DED) and draft project report (DPR) for this project were submitted to Caltrans for initial review in September. The technical studies for this project are virtually complete and the review process has now started on the DED and DPR. Approval of these draft documents for public circulation is anticipated in early It is anticipated the project approval and environmental document would be approved in Summer This project proposes two express lanes in each direction on I-15 from south of State Route 60 to north of State Route 210. Financial Impact: These projects impose no financial impact on the Fiscal Year 2017/2018 budget. Entity: San Bernardino County Transportation Authority Packet Pg. 22

23 Board of Directors Metro Valley Study Session Agenda Item October 12, 2017 Page 2 3 Reviewed By: This item is not scheduled for review by any other policy committee or technical advisory committee. Responsible Staff: Paula Beauchamp, Director of Project Delivery Approved Board of Directors Metro Valley Study Session Date: October 12, 2017 Witnessed By: San Bernardino County Transportation Authority Packet Pg. 23

24 4 Date: October 12, 2017 Minute Action AGENDA ITEM: 4 Subject: State Route 60 Central Avenue Interchange Project - Amendment No. 1 to Cooperative Agreement with the City of Chino and Request for Proposal for Construction Management Services Recommendation: That the following be reviewed and recommended for final approval by the Board of Directors, acting as the San Bernardino County Transportation Authority, at a regularly scheduled Board meeting: A. Approve Amendment 1 to Cooperative Agreement (R14050) with the City of Chino allowing San Bernardino County Transportation Authority (SBCTA) to acquire property necessary for the State Route 60 (SR-60) Central Avenue Interchange Project in SBCTA s name; agreeing to SBCTA s exercise of eminent domain; and agreeing to SBCTA s conveyance by quit claim deed to the City of all Project acquired right-of-way (ROW) located within the City s jurisdictional boundaries; and B. Authorize staff to appraise properties identified in Table A and to make offers of Just Compensation to the property owners for the acquisition of property necessary for the Project; and C. Authorize the Director of Project Delivery to add or delete such parcels in Table A as the Director of Project Delivery determines necessary for the Project; and D. Authorize release of Request for Proposal (RFP) No for Construction Management Services for the SR-60 Central Avenue Interchange Project. Background: Recommendation A: On June 4, 2014, Cooperative Agreement No (R14050) with the City was approved by the Board of Directors for improvement of the interchange at Central Avenue and SR-60 in the City of Chino. The SR-60 Central Avenue Interchange is the third highest priority in the Measure I Freeway Interchange Program. The agreement addresses the specific roles and funding responsibilities for the planning, environmental, design, ROW, and construction phases of the Project. Under this agreement, SBCTA agreed to lead the Project development from the Project Initiation Document (PID) phase through construction of the Project. According to the agreement, SBCTA would lead the ROW phase and would acquire property and rights needed to construct and operate the Project. Cooperative Agreement No with the City of Chino references the California Transportation Commission (CTC) as the agency to hear Resolutions of Necessity (RONs) if required. On March 2, 2016, the SBCTA Board approved agreement with Caltrans for Project planning, final design, and ROW phases of the Project. The agreement identifies Caltrans to be Entity: San Bernardino County Transportation Authority Packet Pg. 24

25 Board of Directors Metro Valley Study Session Agenda Item October 12, 2017 Page 2 4 responsible for the Independent Quality Assurance and SBCTA as the Implementing Agency. In addition, the agreement specifies that SBCTA is authorized to hear and adopt Resolutions of Necessity (RONs) for the Project if necessary. In order to reduce risk of ROW related delays, streamline acquisition of property, and eliminate the inconsistency between the cooperative agreements with Caltrans and the City of Chino, staff is recommending that Board approve Amendment No. 1 to Cooperative Agreement No and allow SBCTA to acquire property in SBCTA s name, exercise eminent domain authority if necessary, convey property at the conclusion of the Project, and dispose of surplus property. Sufficient ROW funding is programmed to cover the eminent domain process by SBCTA should it be required. Recommendations B and C: To construct and operate the improvements at SR-60 Central Avenue Interchange, the acquisition of either temporary construction easements (TCE) or partial (sliver) permanent rights on five properties is required. These rights are needed to accommodate construction activities and to allow for slight modifications to existing vehicular driveways to accommodate a widened roadway and/or meet Americans with Disabilities Act (ADA) requirements. The Project has been approved by Caltrans to comply with the California Environmental Quality Act (CEQA). Staff is recommending that the Board authorize staff to proceed with the appraisal and the acquisition of the property rights needed for the Project. The anticipated affected property owners and parcels are listed in Table A. Table A: SR-60 Central Avenue Interchange Anticipated Properties Needed Assessor Parcel Number (APN) Owner Land Use Rights Needed Elite Dynamics Commercial TCE Thrifty Oil Company Commercial Partial & TCE Lucrative Network LLC Commercial Partial & TCE G6 Hospitality Property LLC Commercial Partial & TCE Amtee Investments LLC Commercial Partial & TCE As the Project design is finalized, the ROW needs and properties listed in Table A may change. For the purposes of streamlining the ROW process, staff recommends that updates to the listing be authorized by the Director of Project Delivery and presented at a future Board of Directors Metro Valley Study Session meeting as an informational item. Recommendation D: The project is also currently in the Plans, Specifications and Estimates (PS&E) phase of the Project. To allow for constructability reviews prior to completion of the PS&E package and prior to advertisement of the project for construction, staff is requesting authorization from the Board to solicit construction management services. Procurement activities will begin after approval of this agenda item and a future recommendation is anticipated to be presented to the Board in early 2018 for the award of the contract. Presently, the 65% design package currently is in review and is scheduled to be completed in mid-2018 with the final PS&E design package approval anticipated in fall Staff is San Bernardino County Transportation Authority Packet Pg. 25

26 Board of Directors Metro Valley Study Session Agenda Item October 12, 2017 Page 3 4 recommending authorization for advertisement of RFP No for Construction Management Services for the SR-60 Central Avenue Interchange Project. Financial Impact: This item is consistent with the Fiscal Year 2017/2018 budget under Task No Interchange Projects, Sub-Task No SR-60 Central Avenue Interchange. Reviewed By: This item is not scheduled for review by any other policy committee or technical advisory committee. SBCTA General Counsel and Procurement Manager have reviewed this item and the draft amendment and the draft RFP. Responsible Staff: Paula Beauchamp, Director of Project Delivery Approved Board of Directors Metro Valley Study Session Date: October 12, 2017 Witnessed By: San Bernardino County Transportation Authority Packet Pg. 26

27 Contract No: Contract Summary Sheet General Contract Information Amendment No.: 01 Vendor No.: a Vendor/Customer Name: City of Chino Sole Source? Yes No Description: Start Date: Expiration Date: Has Contract Term Been Amended? x No List Any Related Contracts Nos.: Original Contract Revised Contract (Inclusive of Prior Amendments) Current Amendment TOTAL CONTRACT VALUE Executive Director Executive Director Action: Date: x Board of Directors Date: Board of Directors Action: x Original Contingency Revised Contingency (Inclusive of Prior Amendments) Contingency Amendment TOTAL CONTINGENCY VALUE TOTAL DOLLAR AUTHORITY (Contract Value and Contingency) Invoice Warning: 20% Renewals: Type: Capital PAA Other Retention: Maximum Retention: Services: Construction x Intrgrnt/MOU/COOP A & E Services Other Professional Services Disadvantaged Business Enterprise (DBE) Goal E-76 and/or CTC Date (Attach Copy) Program Supplement No.: Finance Letter 7/4/2014 % Cooperative Agreement for SR-60 Central Avenue Interchange $ $ $ $ 12,493, Reversion Date: ,493, Dollar Amount 11/1/ /31/2021 Contract Authorization Approve Amendment No. 1 to R14050 with City of Chino Contract Management: Payable/Miscellaneous Contract Management: Receivable All of the above MUST be submitted to FINANCE including originals, amendments and miscellaneous transaction changes Additional Information This amendment has no financial component, only roles and responsibilities. $ % Revised Expiration Date: Yes - Please Explain R EA No.: $ $ $ $ $ PM: Paul Melocoton ,493, Attachment: CSS (3899 : SR 60 Central Ave IC RFP for CM Services & City Co-op Amendment) Packet Pg. 27

28 4.b AMENDMENT NO. 1 TO AGREEMENT (R14050) FOR PLANNING, PROJECT REPORT AND ENVIRONMENTAL DOCUMENT, PLANS, SPECIFICATIONS AND ESTIMATE (PS&E), RIGHT-OF-WAY (ROW), AND CONSTRUCTION PHASES FOR THE INTERCHANGE AT CENTRAL AVENUE AND STATE ROUTE 60 IN THE CITY OF CHINO (CITY OF CHINO) THIS AMENDMENT No. 1 (AMENDMENT) is made and entered into by and between the San Bernardino County Transportation Authority (hereinafter referred to as AUTHORITY) and the City of Chino (hereinafter referred to as CITY). AUTHORITY and CITY may be referred to herein as a PARTY and collectively PARTIES RECITALS 1. AUTHORITY and CITY entered into Agreement also known as R14050, (AGREEMENT) on July 15, 2014, to delineate roles, responsibilities, and funding commitments relative to the Project Management, Planning, Environmental, PS&E, ROW and Construction activities of the Interchange at Central Avenue and State Route 60 in the City of Chino (PROJECT); and 2. PARTIES now seek to amend the AGREEMENT for the following reasons: a) To authorize AUTHORITY to acquire any necessary ROW for the PROJECT by Eminent Domain in AUTHORITY s name in accordance with California Code of Civil Procedure, Section ; and b) To set out the PARTIES agreement that AUTHORITY will convey by quit claim deed to CITY all PROJECT acquired ROW located within CITY s jurisdictional boundaries within thirty (30) days of AUTHORITY s request to accept such acquired ROW and at no expense to AUTHORITY. IT IS THEREFORE MUTUALLY AGREED TO AMEND THE AGREEMENT AS FOLLOWS: 1. Section III. AUTHORITY RESPONSIBILITIES, subarticle B is amended to read as follows: Attachment: (3899 : SR 60 Central Ave IC RFP for CM Services & City Co-op Amendment) Packet Pg. 28

29 4.b B. AUTHORITY certifies that it is authorized to hear and, if appropriate, adopt Resolutions of Necessity for the PROJECT. AUTHORITY agrees to be responsible for hearing and adopting Resolutions of Necessity for the PROJECT. AUTHORITY is responsible for all work associated with hearing and adopting Resolutions of Necessity. AUTHORITY will acquire all necessary ROW for the PROJECT in AUTHORITY s name, and upon completion of the PROJECT will convey by quit claim deed to CITY all PROJECT ROW that is part of CITY s facilities. 2. Section IV. CITY RESPONSIBILITIES, is amended to add subarticle G as follows: G. CITY will accept by quit claim deed conveyances by AUTHORITY of all PROJECT acquired ROW that is part of CITY s facilities not later than thirty (30) days after AUTHORITY requests CITY to accept such acquired ROW and at no expense to AUTHORITY. 3. All other terms and conditions of the AGREEMENT shall remain in full force and effect. 4. This AMENDMENT is deemed to be included and made part of the AGREEMENT SIGNATURES ON FOLLOWING PAGE Attachment: (3899 : SR 60 Central Ave IC RFP for CM Services & City Co-op Amendment) Packet Pg. 29

30 4.b SIGNATURE PAGE TO AMENDMENT No. 1 TO COOPERATIVE AGREEMENT NO (R14050) BETWEEN SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY and CITY OF CHINO SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY By: Alan D. Wapner President, Board of Directors Date: APPROVED AS TO FORM By: Eileen Monaghan Teichert General Counsel CITY OF CHINO By: Matthew Ballantyne City Manager Date: APPROVED AS TO FORM By: CITY Attorney Attachment: (3899 : SR 60 Central Ave IC RFP for CM Services & City Co-op Amendment) Packet Pg. 30

31 4.c ATTACHMENT A - SCOPE OF WORK Attachment: Scope of Work [Revision 2] (3899 : SR 60 Central Ave IC RFP for CM Services & City Co-op Amendment) Packet Pg. 31

32 4.c A. DESCRIPTION OF SERVICES INDEX B. PERFORMANCE REQUIREMENTS C. DUTIES AND RESPONSIBILITIES 1. Pre-construction Services 2. Bid Process 3. Project Administration 4. Construction Coordination 5. Construction Inspection 6. Project Support 7. Cost and Schedule 8. Change Orders and Claims 9. Safety 10. Project Close Out D. DELIVERABLES E. EQUIPMENT AND MATERIALS TO BE PROVIDED BY CONSULTANT F. MATERIALS TO BE FURNISHED BY SBCTA G. STANDARDS H. AVAILABILITY AND WORK HOURS I. LIMITATIONS TO AUTHORITY J. THIRD PARTY RELATIONSHIPS K. CONSTRUCTION SITE SAFETY L. BASIS FOR SURVEY AND MONUMENT MARKING M. PERSONNEL QUALIFICATIONS Attachment: Scope of Work [Revision 2] (3899 : SR 60 Central Ave IC RFP for CM Services & City Co-op Amendment) Packet Pg. 32

33 4.c A. DESCRIPTION OF SERVICES The San Bernardino County Transportation Authority (SBCTA) will utilize the services of CONSULTANT to support the construction activities for the Project. The CONSULTANT will provide construction management, materials testing, construction surveying and public outreach for the Project. A description of the Project is given below. SR-60 Central Avenue Interchange Project The SR-60 Central Avenue Interchange project will widen Central Avenue to accommodate three through-lanes with provisions for a future lane, two left-turn lanes, standard shoulders, bike path, and sidewalk in both the northbound and southbound directions; and, widening the of the existing eastbound and westbound entrance ramps to accommodate two general purpose lanes and one high occupancy vehicle (HOV) preferential lane. SBCTA intends to advertise, award and administer one construction contract for this project. The successful consultant firm will provide the construction management and support services. Services Services are anticipated to generally include, but are not limited to the following: participation in the evaluation of scheduling of the proposed project; constructability reviews; construction project advertising, bid analysis, and award; construction inspection; construction surveying, materials testing, source inspection, landscape inspection, contractor interface and contract administration; office engineering; and other assorted duties as appropriate in managing construction of a Caltrans and city roadway improvement project. It is expected that the Consultant will assign a full-time Resident Engineer to coordinate all contract and personnel activities for all phases of construction. Other Resident Engineer(s) and inspection personnel may be assigned to direct and coordinate all project specific field activities and responsibilities as needed for satisfactory performance on the project. The Resident Engineer assigned for this project shall be licensed as a Professional Civil Engineer in the State of California at the time of proposal submittal through the duration of the contract. The Consultant is expected to provide a Structures Reperesentative, Survey Project Manager, Materials Testing/Source Inspection Project Manager, and Landscape Architect to administer the construction support services requested herein and to assign qualified field personnel to perform the requested services. Furthermore, the Resident Engineer shall act as the public outreach liaison to assist the Authority s Public Information Office in implementing the Public Outreach Program established for this project. Insofar as the Consultant s approach described in the Proposal, the scope of responsibility and the total number of personnel assigned to each phase is left to the discretion of the Consultant. The Proposal shall include a staffing plan, an organization chart and a resource loaded schedule that establish the firm's ability to adequately and appropriately staff and manage the project both during early utility company relocations and during the construction phase. SBCTA anticipates that the total contract will be approximately 46 months in duration, with preconstruction services starting in March 2018 consisting of Plans, Specification, and Estimates phase constructability reviews ( 95% and 100%) and bid package preparation support, advertising for the construction contract in February 2019, award the construction contract in April 2019, followed by a 55 day procurement period, with construction starting in June 2019, and ending in December 2020 (18 Months), with 1 year of Plant Establishment including 2 months closeout. The estimated construction capital cost of the project is about $19.6 million. Attachment: Scope of Work [Revision 2] (3899 : SR 60 Central Ave IC RFP for CM Services & City Co-op Amendment) Packet Pg. 33

34 4.c CONSULTANT shall provide qualified construction management and inspection, materials testing, construction surveying and public relations personnel to perform a wide variety of construction management, support and contract administration duties as outlined in this Scope of Services for the Project. The SBCTA Director of Project Delivery has designated a Project Manager to coordinate all construction activities. Mr. Mike Barnum, Construction Manager The CONSULTANT shall report to and receive direction from SBCTA through the Project Manager, or his designees. The SBCTA Project Manager is responsible for coordination of all SBCTA construction activities and for coordinating the efforts of the total construction team. The SBCTA Project Manager will be the main contact and primary source of information between SBCTA, cities, outside agencies, supporting consultants and the public for the construction projects. B. PERFORMANCE REQUIREMENTS Construction Management: CONSULTANT shall furnish a Project Manager to coordinate CONSULTANT operations with SBCTA. The Project Manager shall be responsible for all matters related to CONSULTANT personnel and operations. The Project Manager may also serve as the Resident Engineer. CONSULTANT shall also furnish a Resident Engineer. The Resident Engineer shall be assigned to direct and coordinate construction activities under this contract. Other Assistant Resident Engineers may be assigned to each specific project responsibilities as needed. The Resident Engineer shall be a Civil Engineer registered in the State of California and shall be in responsible charge of construction management and construction activity within the Project. The number of CONSULTANT personnel assigned to the Project will vary throughout the duration of the contract. CONSULTANT personnel will be assigned, in varying levels of responsibility, as needed by the CONSULTANT to meet the Project schedule, Project requirements, and construction activities. Resumes of personnel must be submitted to SBCTA for review and approval prior to assignment to the Project. SBCTA and CONSULTANT will jointly determine the quality and quantity of services that are required by CONSULTANT personnel. Personnel selected for assignment by CONSULTANT shall be made available for personal interviews prior to acceptance by SBCTA. If, in the opinion of SBCTA, an individual lacks adequate experience, the individual may be rejected or may be accepted on a trial basis until such time the individual's ability to perform the required services has been demonstrated. If, at any time, the performance of CONSULTANT personnel is unsatisfactory to SBCTA, SBCTA may release him/her by written notice and may request another qualified person be assigned. If CONSULTANT personnel are on leave of absence, the Project Manager shall provide equally qualified replacement personnel until the assigned personnel returns to the Project approved by SBCTA. The typical workday includes all hours worked by the construction Contractor. If necessary, overtime for CONSULTANT personnel may be required. The construction Contractor's operations may be restricted to specific hours during the week, which shall become the normal Attachment: Scope of Work [Revision 2] (3899 : SR 60 Central Ave IC RFP for CM Services & City Co-op Amendment) Packet Pg. 34

35 4.c workday for CONSULTANT personnel. The Project Manager, with prior concurrence from SBCTA, shall have the authority to increase, decrease, or eliminate CONSULTANT personnel work hours dependent on the schedule and requirements of the construction Contractor. All overtime required by CONSULTANT personnel shall be approved and authorized by SBCTA prior to each occurrence. CONSULTANT personnel shall be knowledgeable of and comply with all applicable local, state, and federal regulations. CONSULTANT personnel shall cooperate and consult with SBCTA, State, and City officials during the course of the Project. CONSULTANT personnel shall perform duties as may be required to assure that construction is being performed in accordance with the Project plans and specifications. CONSULTANT personnel shall keep accurate and timely records and document all work performed by the Contractor and CONSULTANT. CONSULTANT shall monitor for Contractor s compliance with the labor standards provisions of the projects and the related wage determination decisions of the Secretary of Labor. CONSULTANT personnel shall assist SBCTA and local agencies in obtaining compliance with the safety and accident prevention provisions of the Project. Local agencies will retain jurisdictional control for traffic control. All services required herein shall be performed in accordance with California Department of Transportation guidelines, regulations, policies, procedures, manuals, and standards, except as noted in the special provisions. Materials Testing & Source Inspection: The number of field testing and source inspection personnel assigned to the Project will vary throughout the duration of the construction contract. CONSULTANT certified materials testing and source inspection personnel will be assigned as needed by the Resident Engineer to meet the required numbers and frequencies of testing based on schedule of the construction contractor. Materials Testing /Source Inspection Services will be provided on an on-call basis. The duration of assignments could vary from a minimum of a few hours to the full term of the Project. CONSULTANT personnel will be available within one (1) day of written notification by SBCTA. It is the intent of SBCTA to maintain a consistency of material testing/source inspection quality throughout each phase of each project. CONSULTANT is therefore encouraged to provide, where ever and whenever possible, the same personnel for the duration of construction of each project. On days when work is not performed by the construction contractor, such as rainy or unsuitable weather days, CONSULTANT will not provide services unless authorized by the SBCTA Project Manager. Consultant shall be responsible for finalizing a Source Inspection Quality Management Plan (SIQMP) to match the project requirements, assist SBCTA in gaining Caltrans approval, and manage the SIQMP. The SIQMP shall meet SBCTA and Caltrans requirements. Consultant shall provide Structural Materials Representative (SMR), Steel inspectors, Non-destructive Steel Inspectors, Coating Inspectors, Precast Concrete Inspectors and other source inspectors as needed. Attachment: Scope of Work [Revision 2] (3899 : SR 60 Central Ave IC RFP for CM Services & City Co-op Amendment) Packet Pg. 35

36 4.c All CONSULTANT personnel will be knowledgeable of, and comply with, all applicable local, state, and federal regulations. All personnel shall cooperate and consult with SBCTA during the course of the contract; and perform other duties as may be required to assure that the construction is being performed in accordance with the Project plans and specifications. CONSULTANT s personnel will keep records and document the work as directed by the Resident Engineer. All services required herein will be performed in accordance with Caltrans regulations, policies, procedures, manuals, and standards. Construction Surveying: CONSULTANT will furnish surveying crew(s) to perform construction surveys for the Project. The number of survey crew(s) assigned to the Project may vary throughout the duration of the construction contract to meet the Project needs. CONSULTANT personnel will be assigned as needed by the Resident Engineer to meet the schedule of the construction contractor. Construction surveying services will be provided on an on-call basis. It is the intent of SBCTA to maintain a consistency of construction survey quality throughout each phase of each project. Therefore, CONSULTANT is encouraged to provide the same field personnel for the duration of construction. It is important that the Field Party Chief(s) assigned to a project be completely familiar with the survey requirements and the assignments for the Project. Construction surveying will not be performed when conditions such as weather, traffic, and other factors prevent safe and efficient operation. CONSULTANT personnel will: Be knowledgeable of, and comply with all, applicable local, Caltrans, state, and federal regulations. Cooperate and consult with SBCTA officials during the course of the contract. Perform duties as may be required to assure construction is performed in accordance with the Project plans and specifications. Keep records and document work as directed by SBCTA Project Manager. All services required herein will be performed in accordance with Caltrans regulations, policies, procedures, manuals, and standards. C. DUTIES AND RESPONSIBILITIES 1. Pre-construction Services a. Schedule b. Budget CONSULTANT shall review the proposed Project schedule, compare it to the Project plans and specifications, and provide recommendations to SBCTA, as appropriate, to ensure efficiency of Contractor and CONSULTANT operations and safe and expeditious completion of the Project. CONSULTANT shall review the Project estimate, quantities and provide recommendations to SBCTA, as appropriate, to ensure efficient utilization of funds and control of project costs. Attachment: Scope of Work [Revision 2] (3899 : SR 60 Central Ave IC RFP for CM Services & City Co-op Amendment) Packet Pg. 36

37 4.c c. Constructability Review CONSULTANT shall review Project plans and special provisions for possible errors and deficiencies and report such findings to SBCTA in a format provide by SBCTA. 2. Bid Process a. Bid Documents CONSULTANT shall assist SBCTA, as requested, with the following tasks: 1) Review of bid documents 2) Preparation of bid tabulations b. Pre-construction Meetings CONSULTANT shall assist SBCTA in conducting one, or more, preconstruction meetings with all involved parties on the Project. Parties may include, but are not limited to, the Contractor, design engineer, Caltrans, County and City staff, utility companies, and developers. c. Contract Award CONSULTANT shall assist SBCTA, as requested, with the following tasks: 1) Review of bid for completeness and responsiveness 2) Perform bid analysis 3. Project Administration 3) Development of contractor payment schedules, and other procedural items. 4) Checking Contractor references, licenses, insurance, and sureties. 5) Coordination with prospective Contractor for award of construction contract(s). All processes will be consistent with procedures outlined by the California Department of Transportation for Special Funded Programs and Local Assistance Procedure Manuals. a. CONSULTANT shall administer Project construction contracts using Caltrans Construction Manual as a guideline. b. CONSULTANT shall conduct regular Project coordination meetings with Contractor, SBCTA, local agencies, and design engineer, as appropriate. c. CONSULTANT shall prepare Contractor progress payments and maintain payment records and supporting documentation. All progress payments shall be reviewed by SBCTA for approval. d. CONSULTANT shall provide reports as needed to comply with specific funding requirements. Attachment: Scope of Work [Revision 2] (3899 : SR 60 Central Ave IC RFP for CM Services & City Co-op Amendment) Packet Pg. 37

38 4.c e. CONSULTANT shall establish and maintain Project records in accordance with the Caltrans Construction Manual. Project record keeping shall include, but are not limited to, correspondence, memoranda, contract documents, change orders, claims, SBCTA and engineer directives, meeting minutes, shop drawings, supplementary drawings, and requests for payment. CONSULTANT shall maintain a record of the names, addresses, and telephone and fax numbers of the Contractors, subcontractors, and principal material suppliers. f. CONSULTANT shall establish and maintain a filing system in hard copies files and in electronic forms for each Project using the Caltrans Construction Manual as a guideline. Electronic data documentation will be required to be uploaded weekly to the SBCTA Major Projects Portal g. CONSULTANT shall monitor Contractors construction schedules on an ongoing basis and alert SBCTA to conditions that may lead to delays in completion of the Project. h. CONSULTANT shall prepare and submit a monthly Activity Summary Report for the Project in a format approved by SBCTA. The activity report shall include among other items status of SWPPP issues, RFIs, contract change orders, and notice of potential claims; construction activities completed, ongoing, and upcoming; status of Project budget and schedule, and other highlights and critical issues. i. CONSULTANT shall review and ensure compliance with environmental requirements. j. CONSULTANT shall participate in partnering sessions with the Contractor, SBCTA, and Local Agencies, as required. k. CONSULTANT shall ensure that the Project meets all provisions of the SBCTA Construction Materials Quality Assurance Program and Caltrans Quality Assurance Program Manual. l. CONSULTANT shall review Contractors certified payroll records and ensure compliance with the requirements of the construction contract. m. CONSULTANT shall ensure that the Project meets all provisions of the Storm Water Pollution Prevention Plan (SWPPP). n. CONSULTANT shall assure that the Project meets all applicable regulations of the Air Quality Management District (AQMD) and State Water Resource Control Board (SWRCB). o. CONSULTANT shall maintain redlined as-built plans on an ongoing basis throughout the duration of the Project. Redlined plans shall show all changes made to the original contract plans, each change identified with the name of the approver, date of change approval, and CCO number, if applicable 4. Construction Coordination a. CONSULTANT shall provide a minimum of one qualified Resident Engineer to effectively manage the Project. Attachment: Scope of Work [Revision 2] (3899 : SR 60 Central Ave IC RFP for CM Services & City Co-op Amendment) Packet Pg. 38

39 4.c b. CONSULTANT Resident Engineer shall act as a prime point of contact between Contractor, Caltrans, SBCTA, CONSULTANT s construction surveyor, CONSULTANT s materials inspector, CONSULTANTS Structural Material Representative (SMR) and utility companies. CONSULTANT may, when requested by SBCTA, act as point of contact between design engineers, cities, and the public. CONSULTANT shall ensure coordination with property owners adjacent to Project right-of-way to ensure timely communication regarding property-condition survey and construction activities and scheduling. c. CONSULTANT shall maintain regular contact with SBCTA s Project Manager. d. CONSULTANT shall coordinate utility relocations with utility companies and their designees, as well as the utility inspector. e. CONSULTANT shall proactively review Project plans and special provisions for possible errors and deficiencies prior to construction of any specific element and report such findings to SBCTA. Should SBCTA determine that changes are necessary, CONSULTANT shall assist in implementation and processing of change orders in accordance with contract documents. f. CONSULTANT shall proactively review Project plans and special provisions; monitor, coordinate, and track construction progress schedule and RFIs; and communicate with various agencies prior to construction of any specific elements to ensure the Project proceeds on schedule and according to the order of work in the plans and special provisions. CONSULTANT shall expedite work, as required, to maintain schedule in conjunction with the overall construction staging program. g. CONSULTANT shall coordinate review of shop drawings and Requests for Information (RFI) with the SBCTA Project Manager. CONSULTANT shall log and track all submittals and requests. h. CONSULTANT shall provide a qualified SWPPP Coordinator who along with the Resident Engineer shall review and certify contractor prepared Storm Water Pollution Prevention Plans (SWPPP) and coordinate approval with SBCTA and the State Water Resource Control Board. The SWPPP Coordinator shall be at a minimum a Qualified Storm Water Pollution Prevention Plan (SWPPP) Developer (QSD) and a Qualified SWPPP Practitioner (QSP). CONSULTANT shall provide at a minimum weekly SWPPP monitoring and shall cooperate with all monitoring agency inspections and field reviews. i. CONSULTANT shall coordinate the implementation of any changes with the SBCTA Project Manager and the design engineer. j. CONSULTANT shall review and approve falsework and shoring plans. k. CONSULTANT shall review and approve Traffic Control Plans and forward to SBCTA for Caltrans/City/County approvals, as necessary. l. CONSULTANT shall coordinate all Project construction activities with other ongoing projects within and adjacent to the Project limits. Attachment: Scope of Work [Revision 2] (3899 : SR 60 Central Ave IC RFP for CM Services & City Co-op Amendment) Packet Pg. 39

40 4.c 5. Construction Inspection a. CONSULTANT shall coordinate all required inspections necessary for the Project. CONSULTANT shall ensure that appropriate City and local agencies are notified and present as required throughout the Project. CONSULTANT shall notify SBCTA immediately regarding any directives, recommendations, notices, etc. received from agencies other than SBCTA. b. CONSULTANT shall perform daily on-site observations of the progress and quality of construction to determine if the work being performed is in general conformance with the contract documents, all applicable laws, codes, and ordinances. c. CONSULTANT shall exercise reasonable care and diligence to discover and promptly report to SBCTA any and all defects or deficiencies in the materials or workmanship used in the Project. d. CONSULTANT personnel assigned to the Project shall be thoroughly familiar with Caltrans Standard Specifications, Caltrans Standard Plans, Caltrans Temporary Pedestrian Facilities Handbook, Caltrans Erosion Control and Highway Planting requirements, safety standards and State Water Resources Control Board requirements. CONSULTANT personnel shall have the ability to read and interpret construction plans and specifications. CONSULTANT personnel shall also have knowledge of State of California Construction Safety Orders (CalOSHA) and traffic control practices as specified in the Work Area Traffic Control Handbook (WATCH), Construction Policy Bulletin CPB 17-1, "Permanent Pedestrian Facilities Construction Inspection Documentation, California Manual on Uniform Traffic Control (MUTCD). In addition, CONSULTANT personnel shall be thoroughly familiar with the construction requirements of Caltrans Storm Water Pollution Prevention Program. e. Assignments to be performed by CONSULTANT personnel shall include, but are not limited to, the following: 1) Paving and subgrade inspection, sub-surface & finish surface drainage inspection, structures and foundation inspection, electrical inspection for traffic, Fiber optics, ramp meter and irrigation control equipment, signing and striping inspection, quantity calculations, ADA certification, checking grade and alignment, construction traffic control, soil amendments and plant material identification & quality control, hardscape inspection, trenching & irrigation inspection and duties that may be required to determine that construction of the Project is being performed in accordance with the contract documents. 2) Identifying actual and potential problems associated with the Project and recommending sound engineering solutions. 3) Identifying common plant diseases and/or pests together with their respective eradication techniques, directing of plant adaptability requirements along with proper planting & pruning techniques, and avoiding potential problems associated with the Project by recommending sound engineering solutions. Attachment: Scope of Work [Revision 2] (3899 : SR 60 Central Ave IC RFP for CM Services & City Co-op Amendment) Packet Pg. 40

41 4.c 6. Project Support 4) Perform basic sampling of construction materials in the field per California Test Method 105 and 125 by both the prime and subconsultant personnel. 5) Maintaining awareness of safety and health requirements. Monitoring Contractors compliance with applicable regulations and construction contract provisions for the protection of the public and Project personnel. 6) Preparing complete and accurate daily reports, calculations, project records, payment quantity documents, reports, and correspondence related to Project activities. 7) Preparing construction sketches, drawings, and cross-sections, as necessary. 8) Assisting in the preparation of as-built plans. 9) Providing inspections for environmental compliance. 10) Maintaining awareness of water discharge requirements. Monitoring Contractors compliance with applicable regulations and construction contract provisions. 11) Monitoring Contractors compliance with applicable regulations required by AQMD. 12) Other duties as may be required or reasonably requested. a. Construction Surveys CONSULTANT shall perform construction surveying services, field calculations, and home office calculations to support construction of the Project. CONSULTANT may be requested to review available survey data, construction plans, and right-of-way plans to confirm compatibility and to identify discrepancies prior to and during construction of proposed projects. The Resident Engineer will assign survey work to the CONSULTANT as needed by issuing a Request for Survey Services. Requests may include, but not be limited to, the following types of surveys and related services: 1) Construction Surveys CONSULTANT shall perform construction staking and calculations as needed. a) Survey calculations and adjustments shall be performed with established and computed coordinates based on the California Coordinate System. b) Cross-section data collection shall be performed by conventional and terrain line interpolation survey methods. Attachment: Scope of Work [Revision 2] (3899 : SR 60 Central Ave IC RFP for CM Services & City Co-op Amendment) Packet Pg. 41

42 4.c c) Survey data will include topography, cross-section, and other survey data in computer formats compatible with the Caltrans computer survey and design systems. d) Prepare and maintain survey documents. Survey documents include survey field notes, maps, drawings, and other survey documents. e) Perform construction staking, including but not limited to: i. Utility relocations ii. Clearing limits iii. Slope staking iv. Storm drain, sanitary sewer, and irrigation systems v. Drainage structures vi. Curbs, gutters, and sidewalk vii. Horizontal and vertical control for structures and portions of structures (bents, abutments, wingwalls, etc.) viii. Rough grade ix. Finish grade f) Monitor for settlement, if required. g) Global Positioning Satellite (GPS) equipment shall be made available if required by SBCTA 2) Grid Grades Grid grade data shall provide pavement elevations at the station line, the left edge of pavement, the right edge of pavement, and the right edge of travel way at 25 foot intervals for travel lanes. 3) Open Ended Traverses and Profile Data Sheets Separate open-ended traverse calculations and point maps shall depict plan data for station lines, utility lines, wall layout lines, and abutment/bent alignment. Specific information to be shown will be part numbers, coordinates, bearings, and curve data. Profile data sheets are required for all profiles shown on the plans identifying vertical design elements such as grade, point of intersection (PI) location, beginning of vertical curve (BVC) location, end of vertical curve (EVC) location, and curve length. 4) Three Line Profiles Separate profile plots are required for the left edge of pavement, the right edge of pavement, and the edge of shoulder for all travel lanes. 5) Right of Way Lines Existing right of way and easements will be established from Local Agency s record information and existing monumentation. Attachment: Scope of Work [Revision 2] (3899 : SR 60 Central Ave IC RFP for CM Services & City Co-op Amendment) Packet Pg. 42

43 4.c a) Right of way monumentation shall be renewed and restored in accordance with Section 10.4 of the Caltrans Survey Manual and the State of California Land Surveyor s Act. b) Corner records and records of surveys shall be prepared and filed in accordance with the applicable standards and the State of California Land Surveyor s Act and the California Subdivision Map Act. c) Perpetuate existing monumentation, which includes restoring, renewing, referencing, and resetting existing boundary related monumentation. In addition, stake areas where construction disturbs the existing right of way, preparing and filing required maps and records. New right of way and easements will be established from plans, right of way maps, utility drawings, and Local Agency record information, and existing monumentation. a) Right of Way Surveys, which includes research and preparation filing of required maps and records. In addition, locate and set monuments for right or way and easement lines, staking for right of way and easement fences. b) Final monumentation, which includes setting of centerline points of control upon completion of construction (only with written direction from SBCTA). 6) Special Design Data Surveys Includes drainage, utility, and surveys required for special field studies. 7) Control Survey Includes Project control surveys, aerial mapping control surveys, horizontal and vertical control surveys. In addition control surveys will include restoration, renewal, reference, relocation, and resetting of existing control monumentation. The CONSULTANT will be required to provide horizontal and vertical control at the end of each bridge. 8) Topographic Surveys Topographic surveys will normally be compiled by ground survey methods only. CONSULTANT will provide all necessary Project related surveys and construction staking, including horizontal and vertical control, right of way, and easements. CONSULTANT shall coordinate all staking and verify accuracy. CONSULTANT shall ensure timely coordination of all staking requests from the Contractor. Attachment: Scope of Work [Revision 2] (3899 : SR 60 Central Ave IC RFP for CM Services & City Co-op Amendment) Packet Pg. 43

44 4.c b. Materials Testing, Source Inspection and Geotechnical Services 1) CONSULTANT will provide experienced personnel, equipment, and facilities to perform various construction materials sampling and testing. Laboratory and field materials testing will be used to ensure that structure and roadway construction work conforms to California State Department of Transportation (Caltrans) standards, specifications, and special provisions for material quality and workmanship. 2) All field and laboratory testing is to be performed in accordance with California Test Methods. 3) CONSULTANT will be responsible for the accuracy and completeness of all test data compilation and results. c. Public Outreach General Public Outreach Plan will be provided and administered by SBCTA. a) SBCTA's primary goal is to assure the public that SBCTA is a public agency that delivers quality transportation projects and trustworthy, accurate and timely public information. b) SBCTA will provide the primary outreach effort with supplemental support as requested from CONSULTANT. This will be a targeted approach with incremental outreach based on construction schedule and staging. The primary target audiences identified for this Project include, but are not limited to: i. LOCAL AGENCY ii. SBCTA Board iii. LOCAL AGENCY and area Emergency Service Providers iv. School Transportation Coordinator(s) v. Local Business Community i) Specific businesses with expanding priority based on proximity to work zone and detours ii) Chamber of Commerce vi. Commuters vii. Recreational Travelers viii.trucking Industry ix. Local media i) Print ii) Radio iii) Television c) In the weeks prior to the selection of a construction contractor, SBCTA may coordinate an Emergency Responders Project Briefing to highlight the Project details and possible access challenges for consideration by the Project team. Attachment: Scope of Work [Revision 2] (3899 : SR 60 Central Ave IC RFP for CM Services & City Co-op Amendment) Packet Pg. 44

45 4.c d) Following the emergency responders briefing, SBCTA may coordinate a Chamber of Commerce Project Briefing to highlight the Project benefits, possible construction schedule and traffic management plan. f) Just prior to the start of field construction activities, SBCTA and CONSULTANT (includes all PR subs) may coordinate a groundbreaking media event with the LOCAL AGENCY to ceremoniously open the Project. CONSULTANT will be called up on to develop (with input from SBCTA) and maintain a task list of deliverables for this event. CONSULTANT will acquire the necessary items authorized for the event. CONSULTANT will be responsible for set up and breakdown of the event site. g) Prior to construction beginning, SBCTA and CONSULTANT may coordinate a community meeting to share Project information, construction scheduling, detour information and expected challenges with the general public. CONSULTANT will be called up on to develop (with input from SBCTA) and maintain a task list of deliverables for this event. CONSULTANT will acquire the necessary items authorized for the event. CONSULTANT will be responsible for set up and breakdown of the event site. Staffing this event will be determined based on availability. h) Near the completion of the construction Project, SBCTA and CONSULTANT will coordinate a ribbon-cutting media event. CONSULTANT will be called upon in a similar fashion to the groundbreaking event. i) At various stages throughout the Project, SBCTA will request support from CONSULTANT for the following items: i. Establish and maintain stakeholder and/or interested parties list(s) used for sharing Project updates during Project construction. May need to be filtered to specific audiences (i.e. emergency responders, city government, etc.) ii. iii. Development of a Project fact sheet (include Project description, Project budget, Project schedule, SBCTA contact information, LOCAL AGENCY contact information, photos, logos, etc.) Weekly media advisories (use SBCTA template). CONSULTANT (or sub) will make weekly contact with Project team to establish what road or lane closures (and associated detours if applicable) will be taking place, develop the advisory, send to SBCTA Public Information Office for approval, submit to webmaster for posting, distribute to appropriate media and stakeholder list. Attachment: Scope of Work [Revision 2] (3899 : SR 60 Central Ave IC RFP for CM Services & City Co-op Amendment) Packet Pg. 45

46 4.c d. Permits 7. Cost and Schedule iv. Emergency notices when needed. v. Develop web content for project tab on SBCTA website. This page should include same elements of fact sheet with expanded detail when possible. If the information is dynamic, please provide updates to SBCTA Public Information Office for approval prior to submitting to webmaster. 2) All requests for speaking to government councils, boards, chambers of commerce or similar business or social groups shall be directed to the SBCTA Public Information Office before agreeing to appear. 3) All media inquiries shall be directed to the SBCTA Public Information Office. CONSULTANT shall review the Project for permit compliance and coordinate with SBCTA and the design engineer to ensure that necessary permits are obtained. CONSULTANT shall assist SBCTA in the coordination, timely processing and verification of approval for all permits. CONSULTANT shall maintain permits and permit documentation on site. a. CONSULTANT shall monitor and track the following: 1) Contract pay item quantities and payments 2) Contract change orders 3) Supplemental work items 4) Agency furnished materials 5) Contingency balance 6) Project budget b. CONSULTANT shall review and monitor Contractor s schedule by keeping a is own updated schedule to shadow that of the contractor and inform SBCTA of any significant changes or deviations in the schedule. c. CONSULTANT shall provide and maintain a Project staffing plan of field office personnel based on the Contractor submitted baseline schedule update. In cooperation with SBCTA, the staffing plan shall be periodically updated to reflect Project progress and needs. 8. Contract Change Orders and Claims a. CONSULTANT shall receive and evaluate requests for changes and/or substitutions by the Contractor. Contract Change Orders submitted to SBCTA shall be accompanied by CONSULTANT recommendations. Where applicable, CONSULTANT shall convey proposed changes to design engineer, or other Project consultants. If the requested changes are accepted, CONSULTANT shall negotiate and prepare appropriate Contract Change Orders. Attachment: Scope of Work [Revision 2] (3899 : SR 60 Central Ave IC RFP for CM Services & City Co-op Amendment) Packet Pg. 46

47 4.c 9. Safety b. CONSULTANT shall attempt to avoid unnecessary Contract Change Orders. When a Contract Change Order is necessary, CONSULTANT shall consult with SBCTA prior to its preparation. Unless directed otherwise by SBCTA, the preferred method of payment for Contract Change Orders should be as follows 1) Agreed Price 2) Adjustment in compensation to a bid item 3) Time and materials or Force Account CONSULTANT shall perform force account analysis to validate cost submitted by the Contractor for contract change orders with agreed unit price, lump sum price, and adjustment in components. Analysis shall be based on realistic production and resource needs to complete the work. c. CONSULTANT shall attempt to identify all potential claims, track and monitor unresolved claims. The CONSULTANT shall implement appropriate claims avoidance processes where in the best interests of SBCTA as determined by SBCTA s Project Manager. d. CONSULTANT shall assist SBCTA, as requested, in the identification, resolution, and final disposition of claims filed by the Contractor or third parties against SBCTA or the Project. In addition to the requirements specified elsewhere in this contract, the following shall also apply: a. CONSULTANT shall implement and conduct a comprehensive safety program including regular tail-gate safety meetings for CONSULTANT personnel. CONSULTANT shall provide SBCTA with monthly status of safety reports. b. CONSULTANT shall comply with State of California Construction Safety Orders and provisions of the Caltrans Construction Manual. c. CONSULTANT shall provide appropriate safety training for all CONSULTANT field personnel. d. CONSULTANT shall provide all necessary safety equipment as required for CONSULTANT personnel. 10. Project Close Out a. CONSULTANT shall prepare a list of items to be completed and/or corrected by the Contractor for final completion of the Project. b. CONSULTANT shall collect and furnish as-built information to the design engineer for preparation of as-built drawings including pre-stress drawings and pile logs, as applicable. c. CONSULTANT shall review and verify completeness of as-built drawings. d. CONSULTANT shall conduct a final walk-through with SBCTA, Local Agencies, Contractors, and design engineers. Attachment: Scope of Work [Revision 2] (3899 : SR 60 Central Ave IC RFP for CM Services & City Co-op Amendment) Packet Pg. 47

48 4.c D. DELIVERABLES e. CONSULTANT shall prepare final construction reports including the Project Completion Report. f. CONSULTANT shall prepare and deliver to SBCTA all Project files. g. CONSULTANT shall assist SBCTA and Contractor in obtaining final release of all Project permits. h. Project closeout services will be completed within two months of project acceptance. 1. Inspector daily reports, extra work diaries and Resident Engineers daily diaries. 2. Monthly Project Summary Reports and SIQMP Monthly Reports. 3. Monthly update of all files to SBCTA Portal. 4. Monthly Contractor progress payments, back-up documentation, and Contractor payment records. 5. Contractor final payment documents, delivered to SBCTA no later than ten (10) working days after Acceptance by SBCTA of the completed construction Project. 6. Project Completion Report documents per Local Assistance Procedure Manual and Caltrans Construction Manual. 7. All Project files, Project reports, Record As-builts, correspondence, memoranda, shop drawings, Project logs, schedule updates, change order data, claims and claim reports, and Contractor payment records per Caltrans Construction Manual. 8. Certified payrolls and fringe benefit statements for all employees, CONSULTANT and Contractor, who are subject to the State and/or Federal prevailing wage rates. 9. American For Disabilities Act certification of project per Caltrans Standards. 10. All material test results will be provided in accordance with the applicable Standard Specifications and Special Provisions, and test methods. Failing tests will be immediately reported to the Resident Engineer or Structures Representative. All test results will be recorded on the appropriate forms. The test documents will be legible and show the identity of the tester where appropriate. A notebook containing all test results and reports will be maintained by CONSULTANT throughout the duration of the Project and delivered to SBCTA with the Project files. 11. Record of Survey and Right of Way Monumentations and recording with County (only with SBCTA written authorization). 12. Unless otherwise specified in the survey request, the deliverables shall conform to the following: a. Survey points, lines, and monuments shall be established, marked, identified, and referenced as required by survey request and requirements herein. Attachment: Scope of Work [Revision 2] (3899 : SR 60 Central Ave IC RFP for CM Services & City Co-op Amendment) Packet Pg. 48

49 4.c b. Survey notes, drawings, calculations, and other survey documents and information shall be completed as required by the survey request and the requirements herein. c. All original survey documents resulting from this contract, including original field notes, adjustment calculations, final results, and appropriate intermediate documents, shall be delivered to the Resident Engineer and shall become the property of SBCTA. A copy of all survey documents furnished by SBCTA shall be retained by CONSULTANT for future reference. When the survey is performed with a total station survey system, the original field notes shall be a hard copy in a readable format of the data (observations) as originally collected and submitted by the survey party. The hard copy shall be signed by the Party Chief. If the Party Chief is not licensed, the person in responsible charge will be required to sign. d. Deliverables to the Resident Engineer shall follow the format specified below: 1) Horizontal Control 2) Alpha numeric hard copy point listing with adjusted California Coordinate System northing and easting and the appropriate descriptions. 3) Vertical Control 4) Alpha numeric hard copy benchmark listing with adjusted elevations compatible with the design datum. 5) Topography 6) Alpha numeric hard copy listing, hard copy drawing, and computer aided drawing and design (CADD) digital drawing. The CADD drawing shall be compatible with the systems utilized by Caltrans. e. Data collection method used to collect cross-section data and the coding (feature description) of terrain data for cross-sections shall conform to the survey request requirements. Deliverables shall depend on the data collection method as follows: 1) Conventional Cross Sections (each cross section): For each cross - section and alpha numeric listing, a hard copy drawing, and a computer formatted file compatible with the systems utilized by Caltrans. 2) Terrain Line Interpolation Cross Section Data (each terrain line interpolation survey): Terrain line interpolation cross sections shall include an alpha numeric listing, a hard copy plan view drawing of the terrain lines, and a computer input file. The computer input file shall be provided in a format compatible with the systems utilized by Caltrans. 3) Data Collector Data If specified in the survey request, the raw data from the data collector shall be provided in a format conforming to the survey request requirements. 4) Other As specified in the survey request. Attachment: Scope of Work [Revision 2] (3899 : SR 60 Central Ave IC RFP for CM Services & City Co-op Amendment) Packet Pg. 49

50 4.c E. EQUIPMENT AND MATERIALS TO BE PROVIDED BY CONSULTANT 1. CONSULTANT shall provide all necessary equipment including software, materials, supplies, miscellaneous tools, phones, vehicles, and safety equipment required for its personnel to perform the services accurately, efficiently, and safely. The above noted items are not to be included in Attachment B of Consultants Cost Proposal and are part of the consultants overhead. Only those items authorized by SBCTA in Attachment B, CONSULTANT Cost Proposal, shall be reimbursed by SBCTA. 2. CONSULTANT personnel shall be provided with vehicles suitable for the location and nature of the work involved. Vehicles shall be equipped with flashing yellow lights, either permanently or temporarily affixed. 3. CONSULTANT personnel shall be provided with a mobile radio, cellular phone, or other means to assure full-time communication. If a radio system is to be used, CONSULTANT shall provide a base station at the field office. 4. CONSULTANT personnel shall be provided with all applicable standard plans, specifications, and other standards as appropriate (see item G below). 5. For Materials Testing, CONSULTANT and its staff will be fully equipped at all times to perform the services required, including but not limited to the following: a. An on-site mobile laboratory or laboratory in close proximity to the Project will be required. The type and location of the lab should be such that it can meet the needs of the Project in an efficient, time effective manner. The laboratory is to be fully staffed, equipped, and supplied to conduct all required soils, materials, and concrete breaking tests in a timely manner. b. Field personnel will be provided with all necessary safety equipment to permit work to be performed safely and efficiently within operating highway and construction zone environments. c. All equipment to be calibrated as per Section 3-10 and 3-11 of Caltrans Quality Assurance Program Manual. 6. For construction surveying, CONSULTANT and staff shall have adequate equipment and supplies to complete the required survey work. Equipment and supplies shall, include, but not be limited to: a. Survey vehicles: Survey vehicles will be suitable to perform the required work in varying terrain and conditions encountered on the Project. Vehicles shall be fully equipped with all necessary tools, instruments, supplies, and safety equipment required to perform the work accurately, efficiently, and safely. Vehicles shall be equipped with a flashing yellow beacon light. b. Data Processing Systems: Data processing systems shall include hardware and software to: 1) Performing survey and staking calculations from the design plans and specifications; 2) Reduce survey data collected with conventional and total station survey systems; Attachment: Scope of Work [Revision 2] (3899 : SR 60 Central Ave IC RFP for CM Services & City Co-op Amendment) Packet Pg. 50

51 4.c 3) Perform network adjustments for horizontal and vertical control surveys; 4) Format survey data to be compatible with the Caltrans computer survey and data system. c. Drafting equipment and supplies. d. Digital calculators. e. Hand tools as appropriate for the requested survey work. f. Traffic cones (minimum 25). Traffic cones shall be 28 inches in height (minimum). g. Traffic control devices as required to perform the requested survey work. Traffic control devices include signs, sign bases, flags, and hand held signs. h. Leveling instruments and equipment: 1) Self-leveling level. Precision: Standard deviations in one mile of double run leveling feet or less. 2) Suitable level rods for the work to be performed. i. Distance measuring instruments and equipment: 1) Electronic distance measurer (EDM). Precision: standard deviation 3 mm plus 3 PPM, or less; Range: Minimum one mile under average atmospheric conditions. 2) Prisms, sufficient to perform the required work. 3) Tapes; steel, cloth. j. Angle measuring instruments and equipment: 1) Theodolite for non-control surveys; Precision: direct circle reading to three seconds, or equivalent, horizontal and vertical. 2) Targets as required to perform the work. k. When required for efficient survey operations, total station survey systems consisting of an electronic angle measuring instrument, EDM, and electronic data collector shall be provided. The angle measuring instruments and EDM shall conform to the requirements for the equipment previously listed. l. Radio or cellular communications equipment for communication between field office and field crews. m. Caltrans manuals, standards, forms, and other policies and procedures to be followed to perform the required work. F. MATERIALS TO BE FURNISHED BY SBCTA 1. SBCTA will provide three (3) copies of all Project construction documents including plans, and special provisions, and one (1) copy of all other reports, designer prepared resident engineer files, and contracts. In addition, SBCTA will provide one (1) full size (24" x 36") sets of plans for use in the construction field office as record documents. 2. SBCTA will provide copies of all previously secured permits and Project authorizations. Attachment: Scope of Work [Revision 2] (3899 : SR 60 Central Ave IC RFP for CM Services & City Co-op Amendment) Packet Pg. 51

52 4.c 3. SBCTA Construction Management Forms including SBCTA Construction Materials Quality Assurance Program, sample SIQMP and appropriate forms for recording test data in accordance with Caltrans practices and procedures outlined in the Manual of Test. G. STANDARDS All construction inspection, surveys, materials sampling and testing, and contract administration shall be in accordance with the Project bid documents, special provisions, plans, and current Caltrans Manuals including: 1. Construction Manual and its revisions 2. Bridge Construction Records and Procedures Manual 3. Quality Assurance Program Manual 4. Manual of Traffic Controls for Construction and Maintenance Work Zones 5. Caltrans Standard Specifications and Standard Plans 6. Caltrans Storm Water Pollution Prevention Plan (SWPPP) and Water Pollution Control Program (WPCP) Preparation Manual 7. Manual of Test (3 volumes) 8. Survey Manual 9. District 8 Standard Staking Procedures Manual Work not covered by the manuals shall be performed in accordance with accepted professional standards. Surveys performed by CONSULTANT shall conform to the requirements of the Land Surveyor s Act. In accordance with the Land Surveyor s Act, responsible charge for the work shall reside with the Licensed Land Surveyor or a pre-january 1, 1982, Registered Professional Civil Engineer in the State of California. Unless otherwise specified in the survey request, control surveys shall conform to second order (modified) accuracy standards as specified in the Caltrans Survey Manual. Additional standards for specific survey work may be included in the applicable request for survey. Such standards supplement the standards specified herein. If additional standards conflict with the standards specified herein, the Survey Request s standard shall govern. The Resident Engineer and SBCTA will decide all questions, which may arise as to the quality or acceptability of deliverables furnished and work performed for this contract. Any CONSULTANT employee who does not perform adequately will be replaced if directed by the SBCTA Project Manager. H. AVAILABILITY AND WORK HOURS The typical workday includes all hours worked by SBCTA s construction Contractor including nights and weekends. The construction Contractor s operations may be restricted to specific hours during the week, which will become the normal workday for CONSULTANT s personnel. On days when work is not performed by the construction contractor, such as rainy or unsuitable weather days, CONSULTANT services will not be provided unless authorized by the SBCTA Project Manager. Unless otherwise directed by SBCTA, the normal work week will consist of 40 hours. From time to time, overtime may be required. However, overtime will be worked only when approved in writing by SBCTA. Attachment: Scope of Work [Revision 2] (3899 : SR 60 Central Ave IC RFP for CM Services & City Co-op Amendment) Packet Pg. 52

53 4.c I. LIMITATIONS TO AUTHORITY CONSULTANT does not have the authority to: 1. Authorize deviations from the contract documents. 2. Approve substitute materials or equipment; except as authorized in writing by SBCTA. 3. Conduct or participate in tests or third party inspections; except as authorized in writing by SBCTA. 4. Assume any of the responsibilities of the Contractors, Contractors Superintendent, or subcontractors. 5. Exercise control over or be responsible for construction means, methods, techniques, sequences, procedures, or safety precautions. 6. Communicate directly with subcontractors or material suppliers without the prior consent of the Contractor. 7. Verbally authorize or approve change orders or extra work for the Project. 8. Offer or receive incentives, inducements, or other forms of enumeration to or from the Contractor to perform services or work outside the terms of any executed contracts for this Project. J. THIRD PARTY RELATIONSHIPS This Contract is intended to provide unique services for a specific project. In the development of the Project, SBCTA has worked closely with various professional consultants, agencies, and others in the preparation of the construction documents and other Project related materials. SBCTA, however, is solely responsible for and will be the sole point of contact for all contractual matters related to the Project. CONSULTANT shall take direction only from SBCTA and shall regularly inform only SBCTA of Project progress, outstanding issues, and all Project related matters. During the course of the Project, CONSULTANT may find occasion to meet with Caltrans, City or County representatives, the design engineer, Project consultants, or other third parties who have assisted with the Project. These entities may, from time to time, offer suggestions and/or recommendations regarding the Project or elements of the Project. While SBCTA enjoys a close relationship with and has considerable confidence in the capabilities of these other parties, CONSULTANT shall not act on any suggestions, solicited or unsolicited, without obtaining specific direction from SBCTA. All oral and written communication with outside agencies or consultants related to the Project shall be directed only to SBCTA. Distribution of Project related communication and information shall be at the sole discretion of SBCTA representatives. K. CONSTRUCTION SITE SAFETY In addition to the requirements specified elsewhere in this contract, the following also will apply. 1. CONSULTANT will conform to the safety provisions of the Caltrans Construction Manual. 2. CONSULTANT s field personnel will wear white hard hats with proper suspension, orange vests with reflective tape, sleeved shirt, long pants, and leather boots with ankle support and rubber soled shoes at all times while working in the field. 3. CONSULTANT will provide appropriate safety training for all CONSULTANT s personnel, including work on and near highways. 4. All safety equipment will be provided by CONSULTANT. Attachment: Scope of Work [Revision 2] (3899 : SR 60 Central Ave IC RFP for CM Services & City Co-op Amendment) Packet Pg. 53

54 4.c L. BASIS FOR SURVEY AND MONUMENT STAKING SBCTA will designate the existing horizontal and vertical control monuments that are the basis of CONSULTANT performed surveys. SBCTA will provide the California Coordinate System values and/or elevation values for these monuments. CONSULTANT shall adjust CONSULTANT performed surveys to be the designated control monuments and the values. Monuments established by CONSULTANT shall be marked by CONSULTANT with furnished disks, plugs, tags. In addition, CONSULTANT shall identify CONSULTANT established monuments by tagging or stamping the monuments with the license or registration number of CONSULTANT S surveyor who is in responsible charge of the work. M. PERSONNEL QUALIFICATIONS AND RESPONSIBILITIES The quantity and qualifications of field personnel to be assigned will be determined by the scope of the Project and the degree of difficulty of required tasks to be performed. Again, all personnel and personnel assignments are subject to approval by SBCTA. While some areas of responsibility may overlap, as a guideline, CONSULTANT personnel assigned to the Project should have the following qualifications: 1. Project Manager a. A minimum of six (6) years' project management experience on similar construction projects is desired. b. Accessible to SBCTA at all times during normal working hours. c. A thorough understanding of Caltrans construction practices and procedures. d. A thorough understanding of Cal-OSHA practices and procedures. e. The Project Manager will assume the following functional responsibilities: 2. Resident Engineer 1) Review, monitor, train, and provide general direction for CONSULTANT personnel. 2) Assign personnel to projects on an as-needed basis. 3) Administer personal leave. 4) Prepare monthly reports for delivery to SBCTA. a. A minimum of eight (8) years' resident engineer experience on similar construction projects is desired. b. Licensed Professional Civil Engineer in the State of California. c. Ability to work independently, make effective decisions concerning construction work in progress, and solve field problems. d. Accessible to SBCTA at all times including weekends and holidays. e. Certified as a Qualified SWPPP Developer or Practitioner is desired. f. A thorough understanding of Cal-OSHA practices and procedures. g. A thorough understanding of American with Disability Act (ADA) and Caltrans Attachment: Scope of Work [Revision 2] (3899 : SR 60 Central Ave IC RFP for CM Services & City Co-op Amendment) Packet Pg. 54

55 4.c ADA requirements. Completion of Caltrans Temporary Pedestrian Facilities training within last 6 months. h. A thorough understanding of Caltrans field methods, practices, and construction office procedures. The Resident Engineer will assume the following functional responsibilities: 1) Monitor and provide daily direction to CONSULTANT Resident Engineers and inspection personnel. 2) Assign field personnel to specific project tasks. 3) Monitor and track Contractor progress. 4) Prepare daily, weekly and monthly reports as required. 5) Coordinate utility relocations with appropriate agencies and the utility inspector. 6) Act as prime field contact between various project Contractors and SBCTA s Project Manager. 3. Assistant Resident Engineer a. A minimum of four (4) years experience on similar construction projects is desired. b. Licensed Professional Civil Engineer in the State of California. c. Ability to work independently, make effective decisions concerning construction work in progress, and solve field problems. d. Accessible to SBCTA at all times including weekends and holidays. e. Certified as a Qualified SWPPP Developer or Practitioner is desired. f. A thorough understanding of Cal-OSHA practices and procedures. g. A thorough understanding of American with Disability Act (ADA) and Caltrans ADA requirements. Completion of Caltrans Temporary Pedestrian Facilities training within last 6 months. h. Thorough understanding of Caltrans field methods, practices, and construction office procedures. The Assistant Resident Engineer shall act under the direction of the Resident Engineer and will assume the following functional responsibilities: 1) Monitor and provide daily direction to CONSULTANT inspection personnel. 2) Assign field personnel to specific project tasks. 3) Monitor and track Contractor progress. 4) Prepare daily, weekly and monthly reports as required. 5) Coordinate utility relocations with appropriate agencies. Attachment: Scope of Work [Revision 2] (3899 : SR 60 Central Ave IC RFP for CM Services & City Co-op Amendment) Packet Pg. 55

56 4.c 4. Lead Field Inspector a. A minimum of six (6) years' construction inspection experience in public works or similar projects or a four-year degree in the field of civil engineering, transportation and four years of similar construction experience is desired. b. A thorough understanding of Cal-OSHA practices and procedures. c. Knowledge of Caltrans construction practices, physical characteristics and properties of highway construction materials, and approved methods and equipment used in making physical tests of construction materials. d. Ability to work independently, make effective decisions concerning construction work in progress, and solve field problems. e. Ability to direct the efforts of subordinate inspectors. f. Ability to use an automatic level and transit for the purpose of verifying line and grade. g. Certified as a Qualified SWPPP Developer or Practitioner is desired. h. A thorough understanding of American with Disability Act (ADA) and Caltrans ADA requirements. Completion of Caltrans Temporary Pedestrian Facilities training within last 6 months. i. Understanding of Caltrans field and construction office procedures. The Lead Field Inspector will assume the following functional responsibilities: 5. Field Inspector 1) Assist in inspections to assure compliance with contract plans, specifications, and special provisions on all phases of construction. 2) Assist in the preparation of contract change orders, contract estimates, progress pay estimates, and other documents or reports required for the Project. 3) Coordinate field testing of materials to monitor compliance with Project specifications and Caltrans Quality Assurance Program. 4) Maintain accurate and timely Project records. Perform quantity calculations for progress pay estimates. 5) Perform analytical calculations such as basic earthwork, grading, profiles, and special staking procedures. 6) Provide input for the redesign of facilities to fit existing field conditions. 7) Monitor and track Contractor progress. Prepare daily, weekly, and monthly reports as required. a. Two (2) years' construction inspection experience in public works or similar projects or a four-year degree in the field of civil transportation engineering is desired. b. A thorough understanding of Cal-OSHA practices and procedures. c. Knowledge of construction practices, physical characteristics and properties of construction materials, and approved methods and equipment used in making physical tests of construction materials. Attachment: Scope of Work [Revision 2] (3899 : SR 60 Central Ave IC RFP for CM Services & City Co-op Amendment) Packet Pg. 56

57 4.c d. Ability to work independently. Ability to make minor decisions concerning construction work in progress and to solve field and office problems. e. Ability to use an automatic level and transit for the purpose of verifying line and grade. f. Certified as a Qualified SWPPP Developer or Practitioner is desired. g. A thorough understanding of American with Disability Act (ADA) and Caltrans ADA requirements. Completion of Caltrans Temporary Pedestrian Facilities training within last 6 months. h. Understanding of Caltrans construction methods and practices. The Field Inspector will assume the following functional responsibilities: 1) Assist in inspections to assure compliance with contract plans, specifications, and special provisions on all phases of project construction. 2) Assist in preparation of contract change orders, contract estimates, progress pay estimates, and other documents or reports required for the Project. 3) Coordinate field testing of materials to monitor compliance with Project specifications and Caltrans Quality Assurance Program. 4) Perform quantity calculations for progress pay estimates and maintain Project records. 5) Perform analytical calculations such as basic earthwork, grading, profiles, and special staking procedures. 6) Provide input for the redesign of facilities to fit existing field conditions. 7) Perform construction materials sampling. 8) Perform labor compliance interviews of the Contractors personnel. 6. Structural Representative a. A minimum of six (6) years' of bridge or structural construction inspection as related to major public works projects and a four-year degree in civil engineering is desired. b. A minimum or four (4) years as a Structural Representative on major public works projects. c. Licensed Professional Civil Engineer in the State of California. d. Knowledge of stress analysis, structural mechanics, and strength of materials. e. A thorough understanding of Cal-OSHA practices and procedures. f. Knowledge of Caltrans and Greenbook construction practices and the physical characteristics and properties of various bridge construction materials including concrete. g. Experience in the following areas: foundations, pile driving, concrete prestressing, bridge deck construction, cast-in-place wall construction, falsework, and shoring. Attachment: Scope of Work [Revision 2] (3899 : SR 60 Central Ave IC RFP for CM Services & City Co-op Amendment) Packet Pg. 57

58 4.c h. Ability to work independently. Ability to perform duties in the construction field office and effectively make decisions concerning construction work in progress and solving field problems. i. Ability to direct the efforts of subordinate inspectors. j. Ability to use an automatic level and transit for the purpose of verifying line and grade. k. Thorough understanding of Caltrans field methods, practices, and construction office procedures. The Structural Representative shall assume the following functional responsibilities: 7. Structural Inspector 1) Assist in inspections to assure compliance with contract plans, specifications, and special provisions on all phases of structural construction such as bridges, foundations, walls, falsework, shoring, and drainage structures. 2) Make grade, alignment, quantity, falsework, and shoring calculations. 3) Assist in the preparation of contract change orders, contract estimates, progress pay estimates, and other documents or reports required for the Project. Coordinate the sampling and testing of construction materials to monitor compliance with contract specifications. 4) Monitor and track Contractor progress. Prepare daily, weekly, and monthly reports as required. 5) Coordinate with Resident Engineer, as well as the Construction Staking and Material Testing consultants. 6) Direct the daily activities of subordinate inspectors. a. A minimum of four (4) years' of bridge design or structural construction inspection as related to Caltrans or major public works projects and a four-year degree in civil or structural engineering is desired. b. Knowledge of stress analysis, structural mechanics, and strength of materials. c. A thorough understanding of Cal-OSHA practices and procedures. d. Knowledge of construction practices and the physical characteristics and properties of various highway bridge construction materials including concrete. e. Experience in one or more of the following areas: pile driving, concrete prestressing, bridge deck construction, retaining wall construction, falsework, and shoring. f. Ability to work independently and make minor decisions concerning construction work in progress and to solve field and office problems. g. Ability to use an automatic level and transit for the purpose of verifying line and grade. h. Understanding of Caltrans construction methods and practices. The Structural Inspector will assume the following functional responsibilities: Attachment: Scope of Work [Revision 2] (3899 : SR 60 Central Ave IC RFP for CM Services & City Co-op Amendment) Packet Pg. 58

59 4.c 8. Office Engineer 1) Assist in inspections to assure compliance with contract plans, specifications, and special provisions on all phases of structural construction such as bridges, foundation, walls, falsework, shoring, and drainage structures. 2) Make grade, alignment, quantity, falsework, and shoring calculations. 3) Assist in the preparation of contract change orders, contract estimates, progress pay estimates, and other documents or reports required for the Project. 4) Sampling and testing of construction materials to monitor compliance with contract specifications and Caltrans Quality Assurance Program. a. A minimum of two (2) years' experience as an office engineer on similar construction projects is desired. b. Knowledge of Caltrans Office of Highway Construction forms used to administer construction projects. c. Knowledge of Caltrans system of document organization. d. Knowledge of construction records and accounting procedures. e. Knowledge of documentation, procedures, and reporting for federally funded projects. f. Knowledge of laws and regulations governing the payment of prevailing wages. g. The Office Engineer will assume the following functional responsibilities: 1) Process monthly progress pay estimates, monthly status reports, extra work reports, and weekly statements of working days. 2) Prepare and process contract change orders. 3) Monitor construction budget and schedule. 4) Prepare, maintain, and/or file project documents including labor and equipment records, correspondence, memoranda, meeting minutes, claims, personnel records, labor compliance reports, and daily, weekly, and monthly reports. 5) Perform routine calculations and checking of quantities. 6) Coordinate all office activities and functions with SBCTA representatives. 9. Materials Testing/Source Inspection Project Manager a. A minimum four (4) years' project management experience on a similar highway/bridge construction project is desired. b. Licensed Civil Engineer in the State of California. c. Ability to use typical computer programs including word processing and spreadsheets. Attachment: Scope of Work [Revision 2] (3899 : SR 60 Central Ave IC RFP for CM Services & City Co-op Amendment) Packet Pg. 59

60 4.c d. The Materials Testing/Source Inspection Project Manager will assume the following functional responsibilities: 1) Review, monitor, train, and provide general direction for CONSULTANT s laboratory, field and source inspection personnel. 2) Assign personnel to projects on an as-needed basis in coordination with the Resident Engineer. 3) Administer personal leave, subject to approval of the Resident Engineer. 4) Prepare monthly reports for delivery to the Resident Engineer. 5) Provide direction, administration, and responsibility for Materials Certification per Caltrans Construction Manual, Section ) Assist SBCTA and Resident Engineer in preparing the project specific Source Inspection Quality Management Plan (SIQMP) for Caltrans review and approval. (Reference Caltrans Source Inspection Quality Management Plan (SIQMP Outline dated 04/17/12). 7) Serve as project Structural Materails Repreetantive (SMR) per Caltrans requirements. 8) Provide direction, administration, and responsibility for implementation of the approved SIQMP per Caltrans Construction Procedures Directive (CPD) 08-5 and FHWA Title 23 requirements. Material testing/source inspection personnel will be certified by a California Registered Civil Engineer as being experienced and competent in the test procedures required for the work involved (and possess a current certificate of proficiency (Form MR-0111) in accordance with Quality Assurance Program Manual (Section 3-5). Independent certification of Caltrans test procedures may be performed at the discretion of the SBCTA Project Manager. 10. Materials Technicians CONSULTANT personnel provided under this contract will have a variety of skills and experience appropriate for the level of tasks to be assigned. Field personnel shall be certified by Caltrans and should have a minimum of two (2) years' experience in conducting material sampling and testing of the type required for the projects involved and possess the following additional capabilities: a. Have the ability to establish specific locations for appropriate tests when construction contract administration personnel are not available. b. Be familiar with construction practices and be fully aware of construction activities at the Project site. c. Have knowledge of and comply with safety and health regulations and requirements applicable to the Project. d. Specific qualifications for technicians are as follows: 1) CONSTRUCTION TECHNICIAN I a) Performs a variety of semi-skilled activities. Examples of duties assigned to this classification are: i. Conducting quality control tests such as soil densities, Attachment: Scope of Work [Revision 2] (3899 : SR 60 Central Ave IC RFP for CM Services & City Co-op Amendment) Packet Pg. 60

61 4.c sieve analysis tests, operation scales and inspecting spread operations. ii. Sampling and transporting produced construction materials from point of application or production to testing laboratory. b) Knowledge and Skills Required i. Knowledge of tools, equipment and vehicles utilized in construction. ii. Knowledge of standard equipment and materials used for the sampling and testing of construction material. iii. Knowledge of basic mathematics used in the computation of a variety of construction items. iv. Knowledge of record keeping, preparing of documents and reports. 2) CONSTRUCTION TECHNICIAN II a) Performs a variety of skilled activities. Examples of duties assigned to this classification are: i. Inspecting minor construction items, sampling and inspection of steel reinforcement, sampling and inspection of concrete placing operation. ii. Collect and analyze soil samples of construction materials to determine compaction and moisture content. iii. Inspection and sampling of all phases of asphalt concrete and PCC paving operation, including plant inspection. iv. Confers with construction engineers and contractors regarding construction in progress and is conformance to specifications and construction plans. v. Answers questions and resolves problems. vi. Inspects construction in progress to ensure conformance with specification, agreements, and established requirements. vii. Keeps daily diary of work progress. viii. Prepares reports on all field inspections and submits project quantities on a daily basis. ix. Keeps accurate documentation for force accounts and possible claims. b) Knowledge and Skills Required i. All knowledge and skills required of lower classification. ii. Knowledge of currently accepted methods, procedures and techniques used in highway construction inspection, survey, materials testing, and quality control equipment. iii. Skill in interpersonal relations as applied to contact with contractors, representatives of other governmental jurisdictions, and other SBCTA/Caltrans staff. Attachment: Scope of Work [Revision 2] (3899 : SR 60 Central Ave IC RFP for CM Services & City Co-op Amendment) Packet Pg. 61

62 4.c 3) CONSTRUCTION TECHNICIAN III a) Exercises considerable independent judgment within general Caltrans standards and guidelines. Examples of duties assigned to this classification are: i. Inspect Project construction on an ongoing basis to assure compliance with contract and in accordance with State and local standards. ii. Perform a variety of structural material tests and inspections. iii. Reviews construction plans and verified that these are in accordance with designated specifications and other requirements. iv. Participates in the preparation of completed work estimates, to calculate compensation due contractor. v. Examines and verifies numeric data and material specifications on project cost source documents, utilizing geometry and trigonometry calculations. vi. vii. Supervises all work activities involved in construction projects, laboratory, and quality control work. Recommends approval of proposed Project changes. b) Knowledge and Skills Required 11. Construction Surveying Project Manager i. All knowledge and skills required of lower classifications. ii. Knowledge of the principles and practices of Civil Engineering as applied to the construction of state highways. iii. Skill in analyzing and evaluating a wide variety of highly technical engineering data, including construction plans, field survey and quality control documents. iv. Skill in interpreting and implementing Caltrans standards, policies, procedures and regulations. v. Skill in interpersonal relations, as applied to contacts with contractors, representatives of other governmental jurisdictions, and other SBCTA/Caltrans staff. a. A minimum four (4) years project management experience on similar construction projects is desired. b. Licensed Surveyor or pre-january 1, 1982 Registered Professional Engineer in the State of California. c. Accessible to the Resident Engineer and SBCTA at all times during normal working hours as specified in this Scope of Services. d. Under the direction of the Resident Engineer, the Survey Project Manager will be responsible for: Attachment: Scope of Work [Revision 2] (3899 : SR 60 Central Ave IC RFP for CM Services & City Co-op Amendment) Packet Pg. 62

63 4.c 12. Field Party Chief(s) 1) Review, monitor, train, and provide general direction for CONSULTANT survey personnel. 2) Assign personnel to projects on an as-needed basis. 3) Administer personal leave, subject to approval of the Resident Engineer. 4) Prepare monthly reports for delivery to the Resident Engineer. a. The person(s) holding the position of Party Chief shall meet at least one of the following licensing requirements: 1) A licensed Land Surveyor in the State of California. 2) A pre-january 1, 1982, Registered Professional Civil Engineer in the State of California. 3) An experienced surveyor who serves as chief under the direction or supervision of a person who is a licensed Land Surveyor or pre-january 1, 1982 Registered Professional Civil Engineer in the State of California. The direction or supervision shall place the supervisor in responsible charge of the work. Responsible Charge is defined in Chapter 15 of the Business and Professions Code (the Land Surveyor s Act) and Title 16, Chapter 5, of the California Administrative Code (regulations adopted by the Board of Registration for Professional Engineers and Land Surveyors). b. The Party Chief(s) should have a minimum two (2) years survey experience on similar construction projects and possess the following additional capabilities: 1) Thorough knowledge of construction survey practices and the ability to read and interpret plans and specifications. 2) Ability to make effective decisions concerning field problems and work in progress. 3) Familiarity with typical coordinate geometry computer programs. 4) Familiarity with safety requirements for surveying near traffic. c. The Party Chief(s) will assume the following responsibilities: 13. Survey Crews 1) Perform construction staking services for Project construction. 2) Administer day to day activities for the survey party. 3) Perform analytical survey calculations for items such as grading, horizontal and vertical control, right of way, and minor in-field design. 4) Maintain continuous communication with the Resident Engineer, field personnel, and construction administration staff. a. Qualifications for survey crew members should include the following: 1) A minimum of one (1) year of survey experience on similar construction projects is desired. 2) Fundamental knowledge of construction survey practices and the ability to read and interpret plans and specifications. 3) Ability to assist Party Chiefs and office personnel in all required surveying work. Attachment: Scope of Work [Revision 2] (3899 : SR 60 Central Ave IC RFP for CM Services & City Co-op Amendment) Packet Pg. 63

64 4.c 4) One survey crew member must have the ability to assume temporary leadership of the survey party in the absence of the Party Chief. b. Under the direction of the Resident Engineer and the Party Chief, the survey crew members will assume the following responsibilities: 1) Perform basic calculations to support construction staking. 2) Maintain continuous communication with Party Chiefs and office personnel. END OF SCOPE OF WORK Attachment: Scope of Work [Revision 2] (3899 : SR 60 Central Ave IC RFP for CM Services & City Co-op Amendment) Packet Pg. 64

65 5 Date: October 12, 2017 Minute Action AGENDA ITEM: 5 Subject: State Route 210 Lane Addition and Base Line Interchange Authorization Request for Right of Way Appraisals and Offers Recommendation: That the following be reviewed and recommended for final approval by the Board of Directors, acting as the San Bernardino County Transportation Authority, at a regularly scheduled Board meeting: A. Authorize staff to appraise properties identified in Table A and to make offers of Just Compensation to the property owners for the acquisition of property necessary for the State Route 210 (SR 210) Mainline Addition and SR 210 Base Line Interchange (Project); and B. Authorize the Director of Project Delivery to add or delete parcels in Table A as the Director of Project Delivery determines necessary for the Project. Background: San Bernardino County Transportation Authority (SBCTA) is proceeding with the delivery of the SR-210 Lane Addition and SR 210 Base Line Interchange Project (Project). In order to construct and operate the SR 210 Lane Addition and SR 210 Base Line Interchange improvements, the acquisition of temporary construction easements (TCE) or partial (sliver) permanent rights on 27 properties is required. These rights are needed to accommodate construction activities and to allow for slight modifications to existing vehicular driveways to accommodate a widened roadway and/or satisfy Americans with Disabilities Act (ADA) requirements. On November 1, 2016, the SR 210 Base Line Interchange was approved by Caltrans to comply with the California Environmental Quality Act (CEQA). On December 30, 2016, the SR 210 Lane Addition was approved by Caltrans to comply with CEQA. SBCTA executed cooperative agreements with Caltrans and the City of Highland on December 28, 2015, and November 3, 2016, respectively, to designate SBCTA as the lead agency for the right of way (ROW) phase of the Project. Design of the Project is underway and ROW requirements for the Project have been developed and approved by Caltrans. To move forward with property acquisition, Board authorization is required to proceed with the appraisal and the acquisition of the property rights needed for the Project. The anticipated affected parcels and property owners are listed in Table A. As the Project design is finalized, the ROW needs and properties listed in Table A may change. For the purposes of streamlining the ROW process, staff recommends that updates to the list be authorized by the Director of Project Delivery and presented at a future Board of Directors Metro Valley Study Session meeting as an informational item. Entity: San Bernardino County Transportation Authority Packet Pg. 65

66 Board of Directors Metro Valley Study Session Agenda Item October 12, 2017 Page 2 5 Approval of this agenda item would allow the ROW process to continue into appraisal and acquisition. Upon completion of appraisals, Just Compensation will be offered to property owners in an amount not less than the appraised value of the property rights required for Project implementation. Staff will make diligent efforts to reach settlements with affected property owners. Per the terms of the cooperative agreement, in the event that settlement agreements cannot be reached with property owners, as the lead for eminent domain SBCTA would have Resolution of Necessity hearings and consider adoption of Resolutions of Necessity as necessary. Table A: SR-210 Lane Addition and Rehabilitation Anticipated Properties Needed Assessor Parcel Number Owner Current Land Use Rights Needed* Bottini, Steven & Berta Lisa Residential Partial Aquisition, TCE Cu, Dennis & Teresita Residential TCE Rochester, Terresa M Residential TCE Chiem, Katherine Residential TCE IH2 Borrower LP Residential TCE Holley, Manuel L Residential TCE DeJesus Tavares Perez, Jose Residential TCE MDM PTS-LP Residential TCE PE, TCE Focus Baseline, LLC Vacant TCE , 10 Plasencia, Gloria Residential TCE Willow Creek Townhouses LLC Residential Partial Acquisition, TCE Agoura Willowcreek LTD Residential Partial Acquisition YN Properties LLC Commercial PE, TCE Koam Property Invest, Inc Commercial Partial Acquisition, PE, Highland and Sterling LLC Commercial ROE TCE , 08 Robertson's Ready Mix Industrial Access and Use Agreement City of Redlands / CEMEX Industrial Access and Use Agreement San Bernardino County Flood Control District Permit / Fee? City of San Bernardino Public Partial Acquisition Robert M. Hackerd Trust Commercial Residential Partial Acquisition, TCE Partial Acquisition, PE, TCE, AC PE, TCE PE, TCE ACAA Limited Partnership Commercial Partial Acquisition *Notes: TCE Temporary Construction Easement PE Permanent Easement AC Access Control Fee Partial land acquisition necessary ROE Right of Entry San Bernardino County Transportation Authority Packet Pg. 66

67 Board of Directors Metro Valley Study Session Agenda Item October 12, 2017 Page 3 5 Financial Impact: This item is consistent with the Fiscal Year 2017/2018 budget under Task No Freeway Projects, Sub-Task No SR-210 Lane Addition Project, and Task No Interchange Projects, Sub-Task No SR-210 Base Line Interchange Project. Reviewed By: This item is not scheduled for review by any other policy committee or technical advisory committee. SBCTA General Counsel has reviewed this item. Responsible Staff: Paula Beauchamp, Director of Project Delivery Approved Board of Directors Metro Valley Study Session Date: October 12, 2017 Witnessed By: San Bernardino County Transportation Authority Packet Pg. 67

68 6 Date: October 12, 2017 Minute Action AGENDA ITEM: 6 Subject: Request for Proposals for On-Call Right of Way Services Recommendation: That the following be reviewed and recommended for final approval by the Board of Directors, acting as the San Bernardino County Transportation Authority, at a regularly scheduled Board meeting: Authorize Release of Request for Proposals (RFP) No for procurement of On-Call Right of Way Services to support the delivery of the Major Projects Program. Background: In September 2009, the San Bernardino County Transportation Authority (SBCTA) Board of Directors (Board) approved the release of an On-Call Right of Way Request for Proposals (RFP) to supplement the Project Delivery team and assist in expediting the right of way work on agency projects. At that time it was necessary to secure a full service team of professionals available on an on-call basis to provide right of way services including right of way engineering, surveying, acquisition, appraisal, relocation assistance, utility and railroad coordination, and other related specialty services. The contract provided the flexibility to supplement SBCTA, CALTRANS and the County of San Bernardino right of way services to successfully meet project schedules. The contract was implemented and used successfully on various projects, including but not limited to: the Interstate 215 (I-215) Bi-County Freeway project, the Interstate 15 (I-15)/I-215 Devore project, Interstate 10 (I-10) Tippecanoe Interchange projects, and the grade separation projects at Palm Avenue and Laurel Avenue. Upon expiration of the 2009 On-Call Right of Way Services contract, on July 11, 2012, the Board approved contracts with three consultant firms to continue to provide On-Call Right of Way Services. The 2012 contracts were for a five-year term with two one-year optional terms. These contracts have been and continue to be used to provide support for various SBCTA projects, including but not limited to: I-215 Barton Road Interchange, I-10 Tippecanoe Avenue Interchange, State Route 210 (SR 210) Lane Addition, I-215 Mount Vernon Avenue Interchange, State Route 60 (SR-60) Archibald Interchange and SR-60 Central Interchange. As upcoming projects will require right of way services that will extend beyond the ultimate contract term of the 2012 contracts, it is necessary to re-procure on-call right of way services. Consistent with the 2012 contracts, this RFP is a single solicitation that will lead to multiple contract awards to establish a bench of qualified consultants that can perform a wide variety of right of way tasks that might be necessary to support delivery of the Major Projects Program. As project support is necessary, the intent of this contract, consistent with previous on-call contracts, is to release a Contract Task Order (CTO) scope of work to the prequalified firms requesting a proposal to provide the necessary services. SBCTA staff will evaluate the responses Entity: San Bernardino County Transportation Authority Packet Pg. 68

69 Board of Directors Metro Valley Study Session Agenda Item October 12, 2017 Page 2 6 and assign the CTO to the firm that best meets the project requirements based on criteria that includes, but is not limited to, schedule, cost, proposed staff experience, expertise, availability, and proven success. Requesting proposals from each prequalified firm maintains the integrity of a competitive process ensuring the best overall value to SBCTA for each CTO. Based on expenditures from the previous on-call contracts and upcoming anticipated projects, an initial budget for the current on-call contract is recommended to not exceed $6,000,000. Since the assignment of CTOs will be based on the best response to the scope of work, the RFP and contract includes language that the Authority does not guarantee a certain number of CTOs will be issued, nor does it guarantee that all firms will receive an equal number of CTOs. It is anticipated that right of way services will be necessary to support the following projects: I-10 Mount Vernon Avenue Interchange I-10 University Street Interchange SR-210 Base Line Interchange I-215 University Parkway Interchange I-10 Truck Climbing Lane I-10 Alabama Street Interchange I-10 Riverside Avenue Interchange Phase 2 Consistent with the 2012 contract, it is recommended that this contract be for a five-year term and include two one-year options to be exercised at the discretion of SBCTA. A five-year initial contract term is requested by staff to facilitate the continuity of a consultant on a project. The right of way process can extend from preliminary design to beyond the completion of construction. Eminent domain, demolition, property management and hazardous materials testing activities are examples of activities that may occur after the construction phase begins, with eminent domain and right of way closeout frequently extending beyond the completion of construction. Maintaining the same team on a given project through all development phases allows for overall project efficiencies. By utilizing this mechanism for assignment of CTOs, staff will be more effective in meeting project needs. This RFP will lead to contracts that provide SBCTA additional options to most effectively complete the right of way services work required for each project, hence, enhancing project delivery success. Staff requests Board approval to release a Request for Proposals for On-Call Right of Way Services. Financial Impact: This item has no financial impact on the adopted Fiscal Year 2017/2018 Budget. Reviewed By: This item is not scheduled for review by any other policy committee or technical advisory committee. SBCTA General Counsel and Procurement Manager have reviewed this item and a draft of the RFP. Responsible Staff: Paula Beauchamp, Director of Project Delivery San Bernardino County Transportation Authority Packet Pg. 69

70 Board of Directors Metro Valley Study Session Agenda Item October 12, 2017 Page 3 6 Approved Board of Directors Metro Valley Study Session Date: October 12, 2017 Witnessed By: San Bernardino County Transportation Authority Packet Pg. 70

71 6.a ATTACHMENT A SCOPE OF WORK Attachment: On Call ROW Scope of Work (3877 : Request for Proposals for On-Call Right of Way Services) Packet Pg. 71

72 6.a SCOPE OF WORK San Bernardino County Transportation Authority ( SBCTA ) is issuing this Request for Proposals for a CONSULTANT to provide ON-CALL RIGHT OF WAY SERVICES for a period of three (3) years with two (2) one-year options for extension, to be exercised at the sole discretion of SBCTA, on an On-Call basis in support of current and future SBCTA projects. Such services may include, but are not limited to, the following work program: A. PROJECT MANAGEMENT This task covers typical project management services including the requirements for meetings, schedules, progress reports, and administration of the CONSULTANT work. Depending on the specific project assignment, SBCTA may require additional Project Management services to be performed by CONSULTANT but typical services anticipated at this time include, but are not limited to, the following: 1. Coordination and Meetings CONSULTANT shall meet with the relevant parties to discuss issues pertinent to the project assignments. CONSULTANT shall participate in project meetings (i.e. Project Development Team (PDT) meetings, Agency coordination meetings, workshops) and be prepared to discuss project status, issues, policy, or procedural issues. CONSULTANT shall bring progress plans as appropriate and assist in developing meeting notices, agenda, minutes and/or handouts as needed. 2. Administration Administration shall include the following elements: Supervise, coordinate, and monitor work for conformance with the appropriate standards and policies Apply for and/or assist to obtain City approvals and permits as required Prepare, circulate, and file correspondence and memoranda as appropriate Maintain project files using the CALTRANS Uniform File System, unless otherwise directed by SBCTA 3. Schedule and Progress Reports CONSULTANT shall submit an initial Project Schedule for each Contract Task Order assignment. As directed by SBCTA, the schedule shall be tailored for project specific activities as appropriate to track right of way acquisition and project clearance activities from the initial appraisal phase through property possession. Following approval by SBCTA, this schedule will become the Baseline Project Schedule and will be tracked throughout the duration of the project. Attachment: On Call ROW Scope of Work (3877 : Request for Proposals for On-Call Right of Way Services) Packet Pg. 72

73 6.a As directed by SBCTA, schedule updates will be part of a monthly Progress Report prepared by CONSULTANT that describes the project status, outstanding action items, and/or issues for AUTHORITY approval. If appropriate and requested by SBCTA, the schedule and/or Progress Report may require updating more frequently. 4. Quality Assurance/Quality Control (QA/QC) Plan CONSULTANT shall maintain a Quality Assurance/Quality Control Plan throughout term of this Contract. The QA/QC Plan is intended to ensure that the appraisals, maps, reports, plans, studies, estimates, and other documents submitted under this Scope of Services are complete, accurate, checked, and proofread to meet professional standard practices in effect at the time of execution of the Contract. Upon receipt of the Notice to Proceed (NTP), CONSULTANT shall discuss and explain their plan to provide a reasonable quality control check system and quality assurance program for the contract services described herein follow the applicable standard practices in effect at the time of execution of the Contract. Within twenty (20) working days of receiving the NTP, CONSULTANT shall submit a draft copy of the QA/QC Plan for review and approval by SBCTA. If requested by SBCTA, CONSULTANT shall modify and/or revise the QA/QC Plan as needed to appropriately control the project quality program for the contract. 5. Budget Management Consultant shall manage the budget throughout the term of the Contract Task Order (CTO). Consultant will provide SBCTA on updates of the cost to date of the Contract Task Order and its budget every invoice. An increase in cost or scope needs to be reported to SBCTA and authorized by SBCTA. B. RIGHT OF WAY ENGINEERING AND SURVEYING SERVICES Right of Way Engineering and Surveying services may include, but are not limited to, the following: 1. CONSULTANT shall provide right of way engineering and field surveying services including, but not limited to: preparing Boundary Maps, Monumentation Maps, Survey control maps, Records of Survey, Lot Line Adjustments, Subdivision maps, Parcel Maps, Appraisal maps, utility potholing information maps, Legal Descriptions & Plats, Certificates of Compliance, as described in the California Government Code Section , and other right of way engineering services as directed by SBCTA. 2. CONSULTANT shall prepare Boundary, Monumentation and Survey Control maps showing all parcels and easement boundaries and their relationship to the land net monuments used to define them. In cases where SBCTA is working in conjunction with the) Caltrans, these maps shall conform to the State s manuals as follows: PLANS PREPARATION MANUAL, the RIGHT OF WAY MANUAL, SURVEYS MANUAL and the DRAFTING MANUAL in Attachment: On Call ROW Scope of Work (3877 : Request for Proposals for On-Call Right of Way Services) Packet Pg. 73

74 6.a regard to content and appearance of said right of way engineering and field surveying products. 3. CONSULTANT shall utilize appropriate land surveying and land title practices to: Establish all property and easement boundaries within and overlapping the project area Perform site reconnaissance and monument recovery Establish or reestablish all monumentation required by State law and local regulations File a Record of Survey, or Corner Recorder as necessary, to comply with the Land Surveyors Act The preparation, filing and associated fees will be the responsibility of CONSULTANT. All data, maps and documents produced by CONSULTANT shall be subject to approval and acceptance by SBCTA s Project Manager. In the event of non-acceptance due to errors or omissions, CONSULTANT shall have seven calendar days to make corrections and return maps and documents to SBCTA. Final acceptance will occur only after the work product has been determined to conform to this documents scope of work and requirements. 4. All surveying and mapping work affecting the State of California Right of Way at any location, or along any route, shall be in accordance with State law and local regulation and the procedures and instructions contained in the Caltrans Right of Way Manual and the Caltrans Surveys Manual (Manual). Additionally, all such work shall be in accordance with the procedures and instructions contained in the Caltrans District 8 Right of Way Engineering Requirements for the Preparation Documents and Maps (Requirements). In the event of conflict, the Requirements shall be controlling. All Right of Way acquisitions by AUTHORITY with the intent to ultimately convey such acquisitions to the State, are considered State right of way acquisitions. 5. CONSULTANT shall appoint a Survey Manager who is a Licensed Land Surveyor or Licensed Civil Engineer, authorized to practice land surveying by the State of California. The Survey Manager will be responsible for all survey related work to be performed by CONSULTANT for SBCTA. 6. Deliverables shall generally consist of electronic files of pertinent reports and documents. Any required electronic mapping, Base map, (Hardcopy), Monumentation map, Appraisal maps, etc. shall be in a format consistent with Microstation File (.DGN). Electronic documents shall be in ASCII text; Microsoft Word 2000 or Completed Record of Survey, (filed with the County Recorder) shall be formatted at full size for Adobe Acrobat professional (.PDF). A Mylar copy shall also be provided. All survey field notes shall also be in an Adobe Acrobat professional format. 7. If any legal issues exist during the course of an assignment, CONSULTANT shall coordinate with SBCTA who will request a legal opinion. All legal opinions shall be rendered by SBCTA s legal counsel. Attachment: On Call ROW Scope of Work (3877 : Request for Proposals for On-Call Right of Way Services) Packet Pg. 74

75 6.a 8. As directed by SBCTA, CONSULTANT shall coordinate with other SBCTA staff and/or consultants for supplemental work required for the effective delivery of the Measure I Program and other Federally Funded Programs. Fees charged by SBCTA staff and/or consultants shall be paid directly by SBCTA. C. RIGHT OF WAY APPRAISAL SERVICES FOR RESIDENTIAL, COMMERCIAL, INDUSTRIAL AND AGRICULTURAL PROPERTIES CONSULTANT shall provide right of way appraisal services for developed or undeveloped residential, commercial, industrial and agricultural properties. CONSULTANT may be required to produce appraisal reports for full or partial acquisitions, easements, temporary construction easements, leased or licensed properties, and sale or disposition of excess/surplus properties. Such appraisal services may include, but are not limited to, the following: 1. CONSULTANT shall prepare appraisals in accordance with the Uniform Relocation and Real Property Acquisition Policies Act of 1970, as amended, and implemented by 49 CFR Part 24; the State of California Government Code, the State of California Relocation Assistance and Real Property Acquisition Guidelines (Title 25, California Code of Regulations Ch 6, Art 1, Section 6000 et seq.), the California Code of Civil Procedure, the Uniform Standards of Professional Appraisal Practice (USPAP), and in some cases, the Uniform Appraisal Standards for Federal Land Acquisition Act. CONSULTANT must be licensed by the State of California. 2. CONSULTANT must be qualified to provide expert witness testimony and defend the conclusions reached in the appraisal at any Administrative or Judicial proceeding. 3. All reports and deliverables shall generally be transmitted electronically to AUTHORITY. 4. CONSULTANT may be required to meet with and coordinate their efforts with SBCTA staff, SBCTA legal counsel, and other consultants or Caltrans staff; participate in office or project site meetings. 5. Appraisal reports may be reviewed for acceptance and independent approval by the review appraisers. Revisions may be required by reason of this review process. Consultants may be requested to complete and deliver revised and/or updated appraisals. In the event of non-acceptance due to errors or omissions, CONSULTANT shall have fifteen (15) calendar days to make corrections and return the revised appraisals to the review appraiser. 6. For proposed acquisitions, the owner of the real property or a designated representative will be invited by CONSULTANT to accompany the CONSULTANT during the inspection of the property. This invitation must be in the form of a letter entitled Notice to Appraise written by the CONSULTANT to the owner. A copy of the invitation will be included in the appraisal report. 7. It is the CONSULTANT s responsibility to contact SBCTA s project engineers for discussion and/or clarification of any project design matters. This is critical in the appraisal Attachment: On Call ROW Scope of Work (3877 : Request for Proposals for On-Call Right of Way Services) Packet Pg. 75

76 6.a of partial acquisitions and easements where the CONSULTANT may need cross sections or other project engineering data to complete the report. 8. The highest and best use for the property in the before condition must be determined and supported. If a partial acquisition is involved, the highest and best use of the property in the after condition must be determined and supported. If the existing use is not the premise on which the valuation is based, the appraisal will contain an explanation justifying the determination that the property is available and adaptable for a different highest and best use and there is demand for that use in the market. 9. Where the acquisition involves only a part (or portion) of the property, the CONSULTANT will estimate any severance damages and special benefits to the remainder, including reasoning and market data to support the conclusion. The CONSULTANT will indicate if the remainder constitutes an economic or uneconomic unit in the market and/or to the present owner. 10. The California Eminent Domain Law will be followed in partial acquisitions. Special benefits are to be offset only against damages to the remainder in accordance with the law. 11. Appraisal for easement acquisitions will reflect the restrictive elements of the easement to be acquired and the potential effect of such elements on the utility of the property considering its highest and best use. Full details with respect to any interference with the highest and best use of the property affected must be explained and supported. 12. The CONSULTANT must estimate and support the economic rent, state the contract rent and the remaining term of the lease as of the date of value. Include lessor and lessee responsibilities for paying major expenses, e.g. taxes, insurance and maintenance. 13. CONSULTANT shall itemize in detail the improvements pertaining to realty (Eminent Domain Law-CCP Section ) showing their replacement cost new, depreciated value in place, salvage value if any, and relocation estimate. To the extent possible, determine the ownership claims of the Improvements Pertaining to the Realty. 14. In cases where the Appraisal Assignment requires a Specialty Appraisal (Furniture, Fixtures, Machinery and Equipment) and/or Specialists Reports (title, survey, soils, and engineering), CONSULTANT may be required to coordinate with SBCTA staff and/or consultants for such services as directed by SBCTA. Fees charged by SBCTA staff and/or consultants for Specialty Appraisal and/or Specialists Reports shall be paid directly by SBCTA. 15. It is the CONSULTANT S responsibility to thoroughly review the Specialty Appraisal for adoption (with adjustments or not, as appropriate) and inclusion in the overall appraisal. The estimated values that the specialty items actually contribute to the overall value of the real estate will be separately stated but included in the total value of the property. Attachment: On Call ROW Scope of Work (3877 : Request for Proposals for On-Call Right of Way Services) 16. If any legal issues exist during the course of the appraisal assignment, CONSULTANT Packet Pg. 76

77 6.a shall notify SBCTA who will request legal opinion. All legal opinions shall be rendered by SBCTA s legal counsel. 17. It is the CONSULTANT s responsibility to contact SBCTA s project manager to arrange for legal counsel discussions and/or clarifications in identifying personal or real property. 18. If hazardous waste is discovered on the property, CONSULTANT shall notify SBCTA. D. APPRAISAL REVIEW SERVICES Appraisal services may include, but are not limited to, the following: 1. When required by SBCTA, CONSULTANT shall examine appraisals prepared by the Residential, Commercial, Industrial, Agricultural and/or Furniture, Fixtures, Machinery and Equipment appraisers. 2. CONSULTANT shall provide Review Appraisal Services based on nationally recognized appraisal standards and techniques, including those established by the Uniform Standards of Professional Appraisal Practice (USPAP), the Uniform Appraisal Standards for Federal Land Acquisition; ensure compliance with the Uniform Relocation and Real Property Acquisition Policies Act of 1970, as amended, and implemented by 49 CFR Part 24; the State of California Government Code, the State of California Relocation Assistance and Real Property Acquisition Guidelines (Title 25, California Code of Regulations CH 6, Art 1, Section 6000 et seq.), and the California Code of Civil Procedure. Comply with the requirements of the Caltrans Right of Way Manual, when applicable. CONSULTANT s Appraiser must be licensed by the State of California. 3. CONSULTANT must be qualified to provide expert witness testimony and defend the conclusions at any Administrative or Judicial proceeding. 4. CONSULTANT may be required to meet with and coordinate their efforts with SBCTA staff, SBCTA legal counsel, and other consultants or Caltrans staff; participate in office or project site meetings. 5. It is the CONSULTANT s responsibility to contact SBCTA s project engineers for discussion and/or clarification of any project design matters. This is critical in reviewing appraisals of partial acquisitions and easements where engineering data have to be verified. 6. Review Appraiser shall examine appraisals to assure that they meet applicable appraisal requirements and shall, prior to acceptance, seek necessary corrections or revisions. 7. If the CONSULTANT is unable to recommend approval of an appraisal as an adequate basis for the establishment of the offer of just compensation, and it is determined that it is not practical to obtain additional appraisal, CONSULTANT may develop appraisal documentation to recommend value. Attachment: On Call ROW Scope of Work (3877 : Request for Proposals for On-Call Right of Way Services) Packet Pg. 77

78 6.a 8. CONSULTANT s Review Appraiser and the CONSULTANT s Appraiser should discuss the appraisal assignment as soon work is assigned. The Review Appraiser and, if practical, the Appraiser should hold at least one field review in order to identify any legal issues that may exist. If any legal issues exist, the Review Appraiser shall request legal opinion. 9. All legal opinions shall be rendered by SBCTA s legal counsel and the appraisal prepared in accordance therewith. 10. CONSULTANT s Review Appraiser s certification of the recommended value of the property shall be set forth in a signed statement which identifies the appraisal reports reviewed and explains the basis for such recommendation. Any damages or benefits to any remaining property shall also be identified in the statement. 11. All reports and deliverables shall generally be transmitted electronically to SBCTA. 12. As directed by SBCTA, CONSULTANT shall coordinate with other SBCTA staff and/or consultants for supplemental work required for the effective delivery of the Measure I Program and other Federally Funded Programs. Fees charged by SBCTA staff and/or consultants shall be paid directly by SBCTA. E. GOODWILL APPRAISAL SERVICES Goodwill appraisal services may include, but are not limited to, the following: 1. CONSULTANT s Appraiser shall prepare Goodwill Valuations in accordance with the California Code of Civil Procedure, and the Uniform Standards of Professional Appraisal Practice (USPAP). Appraiser must be licensed by the State of California. 2. Appraiser must be qualified to provide expert witness testimony and defend the conclusions reached in the appraisal at any Administrative or Judicial proceeding. 3. All reports and deliverables shall generally be transmitted electronically to SBCTA. 4. Appraiser may be required to meet with and coordinate their efforts with SBCTA staff, SBCTA legal counsel, or other consultants or Caltrans staff; participate in office or project site meetings. 5. In valuing the loss of goodwill to a business, Appraiser shall rely upon the definition of fair market value found in Section of the California Code of Civil Procedure, and compensation for loss of goodwill as outlined in Section of the California Code of Civil Procedure. 6. It is the Appraiser s responsibility to contact SBCTA s staff for discussion and/or clarification of any project design matters as well as relocation sites for the business. Attachment: On Call ROW Scope of Work (3877 : Request for Proposals for On-Call Right of Way Services) Packet Pg. 78

79 6.a 7. Appraiser shall work with and take direction from SBCTA legal counsel in the delivery of their reports. 8. If any legal issues exist during the course of the appraisal assignment, Appraiser shall request legal opinion. All legal opinions shall be rendered by SBCTA s legal counsel. 9. As directed by SBCTA, CONSULTANT shall coordinate with other SBCTA staff and/or consultants for supplemental work required for the effective delivery of the Measure I Program and other Federally Funded Programs. Fees charged by SBCTA staff and/or consultants shall be paid directly by SBCTA. F. FURNITURE, FIXTURES, MACHINERY AND EQUIPMENT APPRAISAL SERVICES Such appraisal services may include, but are not limited to, the following: 1. CONSULTANT shall prepare appraisals in accordance with the California Code of Civil Procedure, the Uniform Standards of Appraisal Practice (USPAP), the Uniform Relocation and Real Property Acquisition Policies Act of 1970, as amended, and implemented by 49 CFR Part 24; the State of California Government Code; the State of California Relocation Assistance and Real Property Acquisition Guidelines (Title 25, California Code of Regulations Ch. 6, Art 1, Section 6000 et seq.). Appraiser must be licensed by the State of California. 2. CONSULTANT must be qualified to provide expert witness testimony and defend the conclusions reached in the appraisal at any Administrative or Judicial proceeding. 3. All reports and deliverables shall generally be transmitted electronically to SBCTA. 4. CONSULTANT may be required to meet with and coordinate their efforts with SBCTA staff, SBCTA legal counsel, or other consultants or Caltrans staff; participate in office or project site meetings. 5. It is the CONSULTANT s responsibility to contact SBCTA s project engineers for discussion and/or clarification of any project design matters. 6. It is the CONSULTANT responsibility to contact SBCTA s legal counsel for discussion and/or clarification in identifying personal or real property. 7. If any legal issues exist during the course of the appraisal assignment, CONSULTANT shall request legal opinion. All legal opinions shall be rendered by SBCTA s legal counsel. 8. As directed by SBCTA, CONSULTANT shall coordinate with other SBCTA staff and/or consultants for supplemental work required for the effective delivery of the Measure I Program and other Federally Funded Programs. Fees charged by SBCTA staff and/or consultants shall be paid directly by SBCTA. Attachment: On Call ROW Scope of Work (3877 : Request for Proposals for On-Call Right of Way Services) Packet Pg. 79

80 6.a Additional Qualifications for appraisal-related services: CONSULTANT shall have a minimum five years experience as full time appraiser CONSULTANT shall be a member of a professionally recognized appraisal society or institute, such as the Appraisal Institute CONSULTANT shall have completed a minimum ten appraisal assignments in California involving potential acquisition pursuant to the laws of eminent domain CONSULTANT shall certify that CONSULTANT has not been disciplined in the last five years as an appraiser by any government or professional association G. RIGHT OF WAY ACQUISITION AND RELOCATION, REAL PROPERTY SEARCHES, IDENTIFICATION AND FEASIBILITY STUDIES FOR REPLACEMENT AND MITIGATION SITES, and COST ESTIMATES CONSULTANT services may include, but are not limited to, the following: 1. All CONSULTANT work shall comply with applicable Federal, State and local statutes and regulations, including but not limited to, the Uniform Relocation and Real Property Acquisition Policies Act of 1970, as amended, and implemented by 49 CFR Part 24; the California Government Code; the State of California Relocation Assistance and Real Property Acquisition Guidelines (Title 25, California Code of Regulations Ch. 6, Art 1, Section 6000 et seq.); the California Code of Civil Procedure; the Uniform Standards for Federal Land Acquisition Act; the California Public Utilities Code; and the California Streets and Highways Code. 2. All reports and deliverables shall generally be transmitted electronically to SBCTA. 3. CONSULTANT may be required to meet and coordinate their efforts with SBCTA staff, SBCTA legal counsel, and other consultants or Caltrans staff; participate in office or project meetings. 4. As directed by SBCTA, CONSULTANT shall coordinate with other SBCTA staff and/or consultants for supplemental work required for the effective delivery of the Measure I Program and other Federally Funded Programs. Fees charged by SBCTA staff and/or consultants shall be paid directly by SBCTA. 5. CONSULTANT may be required to take direction from SBCTA s legal counsel in the delivery of services, and to provide testimony in any Administrative or Judicial proceeding related to services rendered by CONSULTANT to SBCTA. 6. If any legal issues exist during the course of CONSULTANT s performance of services required by SBCTA, CONSULTANT shall request legal opinion. All legal opinions shall be rendered by SBCTA s legal counsel. Attachment: On Call ROW Scope of Work (3877 : Request for Proposals for On-Call Right of Way Services) Packet Pg. 80

81 6.a 7. CONSULTANT may be required to review right of way acquisition and relocation files of current and past SBCTA projects to ensure compliance with applicable state and/or federal regulations. 8. CONSULTANT s Acquisition/Negotiation Agents must provide evidence of proper real estate license in the State of California. 9. CONSULTANT must demonstrate knowledge and experience in working with the Federal Highway Administration (FHWA), the Federal Transit Administration (FTA), the California Department of Transportation (Caltrans), railroad entities and major utility owners. 10. On a project by project basis and as needed, CONSULTANT shall assign individuals to key positions such as a Project Manager, an Acquisition/Negotiation Manager, a Relocation Assistance Manager, and a Utilities Relocation Coordinator who may not be replaced without the written consent of SBCTA. H. TITLE AND ESCROW SERVICES Title and Escrow Services m ay include, but are not limited to, the following: 1. At the initiation of the work program, the CONSULTANT shall meet with SBCTA staff regarding AUTHORITY s requirements for specific title work and escrow services assignments. 2. CONSULTANT shall provide Preliminary Title Reports and Litigation Guaranties on all Fee Simple and less than Fee Simple property and property interests as requested by SBCTA. 3. CONSULTANT shall ensure that all Preliminary Title Reports are accurate and complete. 4. CONSULTANT shall provide all additional legal documents required by SBCTA, such as, copies of conveyance deed, deed restrictions, liens and encumbrances, title chains and the like. 5. CONSULTANT staff shall prepare and review all legal documents necessary to ensure that SBCTA is acquiring good title to the property or property interests to be purchased, free from liens and encumbrances. 6. CONSULTANT shall provide all necessary assistance to SBCTA to clear all exceptions stated in the Preliminary Title Reports, unless waived by AUTHORITY in writing. 7. CONSULTANT shall ensure that all conditions precedent and conditions subsequent provided for in Purchase and Sales Agreements are met and satisfied prior to Close of Escrow. Attachment: On Call ROW Scope of Work (3877 : Request for Proposals for On-Call Right of Way Services) Packet Pg. 81

82 6.a 8. CONSULTANT shall prepare, subject to review and approval by SBCTA s Legal Counsel, Escrow Instructions for execution by SBCTA and the grantor(s) or grantee(s). CONSULTANT shall ensure that all legal requirements are satisfied prior to Close of Escrow. 9. CONSULTANT shall provide efficient Escrow Services to SBCTA and property owners involved in SBCTA related transactions. 10. CONSULTANT shall prepare all necessary conveyance documents; demand and release of lien/encumbrance documents and submit the same for approval by SBCTA Legal Counsel prior to close of escrow. 11. CONSULTANT shall obtain grantor(s) Tax Identification Number, Social Security Number, Employer Identification Number or Federal Employer Identification Number prior to Close of Escrow and provide the same to SBCTA. 12. CONSULTANT shall record all documents necessary for the acquisition of property/property rights, release of liens and encumbrances with the proper State, County and City recorder s office. 13. CONSULTANT shall prepare an Escrow Closing Schedule in accordance with written instructions from SBCTA and property owners. 14. CONSULTANT shall meet and coordinate its work with other right of way consultants as directed by SBCTA. 15. Immediately prior to Close of Escrow, CONSULTANT shall order and provide SBCTA with an Updated Preliminary Title Report to ensure that no new liens and/or encumbrances are recorded on the property/property interests to be acquired by SBCTA. 16. At Close of Escrow, CONSULTANT shall prepare and submit an Escrow Closing Statement to SBCTA and other parties to the transaction, together with copies of all documents conveying title to SBCTA, copies of releases of liens and encumbrances, receipt for payments made on behalf of SBCTA and the other parties to the transaction. 17. At Close of Escrow, the CONSULTANT shall issue a Standard Owner s Policy of Title Insurance effectively insuring SBCTA s interest and ownership of the property or property rights acquired, unless an ALTA Policy of Title Insurance is requested by SBCTA. 18. CONSULTANT shall provide multi-lingual services as needed for efficient closing of SBCTA transactions. 19. As requested by SBCTA, CONSULTANT may be required to testify in any administrative or judicial proceeding. Attachment: On Call ROW Scope of Work (3877 : Request for Proposals for On-Call Right of Way Services) Packet Pg. 82

83 6.a 20. CONSULTANT shall perform any other normal procedures and processes necessary to implement the assignment or work program and shall provide any other supporting information and/or correspondence required by SBCTA. 21. CONSULTANT shall assign a Project Manager, a Title Office and an Escrow Officer to this procurement, which may not be replaced without the written consent of SBCTA. 22. If legal issues exist during CONSULTANT s performance of services required by SBCTA, CONSULTANT shall request legal opinion. All legal opinions shall be rendered or concurred to by SBCTA s legal counsel. 23. As directed by SBCTA, CONSULTANT shall coordinate with other SBCTA staff and/or consultants for supplemental work required for the effective delivery of the Measure I Program and other Federally Funded Programs. Fees charged by SBCTA staff and/or CONSULTANT s shall be paid directly by SBCTA. I. PROPERTY MANAGEMENT, HAZARDOUS MATERIAL REMOVAL, DEMOLITION AND CLEARANCE SERVICES Services may include, but not be limited to, the following: 1. General Property Management Services a) Maintain a Certified Property Manager (CPM) on staff during the full term of the agreement and/or task order as necessary. b) In cases where occupants need to remain in the property prior to relocation, administer temporary lease agreements, which include rent collection, ensure payment of utility bills and maintain decent living conditions for occupants. Prepare, maintain and submit a monthly Rent Collection and Receivables Aging Report. c) Prepare and maintain a monthly Property Inventory Report. d) After occupants have been relocated and properties are vacant, CONSULTANT shall coordinate with SBCTA to appropriately fence and secure properties and prevent trespassers, intruders and vandals from gaining entry to properties. e) As directed by SBCTA, CONSULTANT shall coordinate with other SBCTA staff and/or consultants for supplemental work (i.e. perform soil testing, environmental clean-up) required for the effective delivery of the Measure I Program and other Federally Funded Programs. Fees charged by SBCTA staff and/or consultants shall be paid directly by SBCTA. Attachment: On Call ROW Scope of Work (3877 : Request for Proposals for On-Call Right of Way Services) Packet Pg. 83

84 6.a 2. Hazardous Material Removal, Demolition and Clearance a) Surveys of buildings, Containers, etc. The CONSULTANT may be required to provide survey activities. Survey activities may include the surveying and testing, as applicable, of buildings, structures, stored materials, tank contents, soils, water and containers to determine whether hazardous waste or materials are present. The CONSULTANT may also be required to perform environmental site assessment work to confirm that the properties are free and clear of hazardous materials, potentially requiring the on-call team to assist with required environmental assessment and/or site remediation work as directed by SBCTA. Typical surveys or assessments may include, but not be limited to inspections for: Asbestos containing materials (ACM) in buildings and pipelines PCB containing materials in transformers, equipment, containers Fuels and other chemicals in tanks, barrels and storage containers Review of buildings or structures to determine whether hazardous materials are being used or stored The presence of lead paint Environmental Assessment (i.e. Phase 1, Phase 2) Only when requested will a Certified Industrial Hygienist (CIH) be utilized for survey plans and work. Requests for a CIH will be through the project or task order process. When surveys are included in a task order, survey activities as well as results shall be included as a report or as part of the Site Investigation Report. Soil Groundwater b) Removal and Disposal of Asbestos and Lead Paint This work shall consist of identifying, quantifying, removing and disposing of materials containing friable and/or non-friable asbestos prior to the demolition of improvements and obtaining all necessary licenses, permits, certification and other documents needed for the work. No grinding equipment that may expose asbestos containing materials may be used. CONSULTANT shall prepare a plan presenting the methods for removing, handling, transporting and disposing of friable or non-friable asbestos. Prior to submittal to the Project Manager, the local Air Quality Management District must approve the plans for friable asbestos. The submittal of these plans to the Southern California Air Quality Management District (SCAQMD) must occur 14 days prior to the start of work. This plan shall include identification of all Environmental Protection Agency (EPA) and Occupational Safety and Health Administration (OSHA) licenses, permits and certifications required for asbestos abatement work, removal, handling and transport. Attachment: On Call ROW Scope of Work (3877 : Request for Proposals for On-Call Right of Way Services) All asbestos work and lead paint removal shall conform to federal, state and local laws Packet Pg. 84

85 6.a governing the identification, preparation, workers, equipment, safety, monitoring, signing, fencing, removing, and hauling of friable and non-friable asbestos and shall supply copies or information on all applicable licenses, permits, and notifications required by applicable laws and regulations. In cleaning sites that involve asbestos removal, CONSULTANT must be properly licensed for such work. CONSULTANT shall be responsible for maintaining, monitoring, securing, and posting the site in accordance with all laws, regulations and permits required for asbestos abatement work. The CONSULTANT shall be provided with an asbestos report prior to starting the job, and will be required to provide the SBCTA manager with copies of all documents required for abatement and certification at the conclusion of the removal and disposal of asbestos. CONSULTANT shall use a California Uniform Hazardous Waste Manifest, which will be signed by the Project Manager or his designee. Project Manager will supply the EPA Generator number for the CONSULTANT if necessary. CONSULTANT shall use hazardous waste haulers having current registration with the California Department of Health Services (CDOHS), and shall have a U.S. EPA Identification Number (US EPA ID Number). All vehicles used to transport hazardous waste shall have a valid Certificate of Compliance affixed to the vehicle. Asbestos containerized for transportation to a disposal site shall be appropriately labeled. CONSULTANT shall pay any disposal site charges. Non-friable asbestos containing material is to be considered hazardous waste. CONSULTANT shall take precautions during removal that it remains wet, breakage is minimized, minimal visual emissions are allowed and it is not physically altered or powdered to result in the release of free asbestos fibers. If the CONSULTANT discovers any asbestos containing material or other hazardous waste not noted in the port provided by SBCTA, the CONSULTANT must stop work. The CONSULTANT must call the Project Manager and should give an estimate of cost for this unforeseen work. Said materials will be removed only after approval in writing by the Project Manager. The removal of unforeseen asbestos will comply with the requirements pertaining to removal and disposal of asbestos. c) Hazardous and/or Toxic Waste or Materials CONSULTANT shall immediately notify the Project Manager upon encountering any type of hazardous and/or toxic wastes or materials during the demolition and removal process. Project Manager will request an immediate site investigation by SBCTA s designated consultant. Should it become necessary to terminate the demolition and removal process, CONSULTANT shall be compensated only for work in progress or actually completed. The amount of such compensation is to be determined by the Project Manager. No Attachment: On Call ROW Scope of Work (3877 : Request for Proposals for On-Call Right of Way Services) Packet Pg. 85

86 6.a payment shall be made for delay or lost profits anticipated for uncompleted work. Failure of the CONSULTANT to notify SBCTA of the presence of hazardous and/or toxic wastes or materials may result in legal liability to the CONSULTANT for all actual damages resulting to SBCTA. d) Demolition and Clearance CONSULTANT may be required to provide related demolition and clearance services, including but not limited to, demolition and clearance, removal of walls, fences, trees and shrubs, asbestos and lead based paint removal and disposal, site remediation of hazardous materials, and fencing or securing within 24 hours of Task Order execution. CONSULTANT shall work through a Demolition Contractor whom shall furnish all labor, tools, materials and equipment necessary to provide routine and/or emergency demolition and clearance services for residential, commercial and industrial properties. In the performance of this task, CONSULTANT shall at all times comply with all applicable laws, decisions, ordinances, statutes, rules, and regulations of the U. S. Government, the state of California, and any political subdivision or public authority thereof, including without limitation, tax, labor, prevailing wage, safety, security and social security laws and regulations. In addition, CONSULTANT shall perform the services there under in a manner so as not to endanger the safety or any person and property. CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices necessary for the due and lawful performance of work. CONSULTANT shall comply with the provisions of said statutes in obtaining such permits, licenses and other authorizations, and they shall be obtained in sufficient time to prevent delays to the work. CONSULTANT shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) adjacent to the work site, which is not to be removed and which does not unreasonably interfere with the work required under this contract. CONSULTANT shall protect from damage all existing improvements and utilities near the work site, and on adjacent property owned by a third party, the locations of which are made known to or should be known by the CONSULTANT. CONSULTANT shall repair any damage, at its own cost or expense, to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the CONSULTANT fails or refused to repair the damage promptly, SBCTA may have the necessary work performed and charge the cost to the CONSULTANT. e) Demolition and Clearance Special Provisions All materials resulting from provision of demolition and clearance services shall become the property of the Demolition Contractor and shall be removed from the premises. Attachment: On Call ROW Scope of Work (3877 : Request for Proposals for On-Call Right of Way Services) Packet Pg. 86

87 6.a Hazardous materials shall be disposed of in accordance with appropriate laws and regulations including OSHA Construction Standard (29 CFR ) and EPA National Emission Standards for Hazardous Air Pollutants (NESHAP 40 CFR subpart M). Sewer capping shall be the first order of work. CONSULTANT shall disconnect and cap sewer lines at the property line or back of sidewalk. All sewer capping shall be subject to inspection by the responsible agency. CONSULTANT shall notify the responsible agency a minimum of 24 hours prior to capping the sewer. The excavation resulting from the sewer cap operation shall be covered until inspection by the responsible agency and immediately backfilled after inspection. CONSULTANT or his representative shall be on the site at the time the responsible agency inspects the sewer cap. Prior to starting demolition operations, CONSULTANT shall contact utility companies to verify the location of their service lines to be protected in place and/or verify removal of their service lines. Prior to starting demolition operations adjacent to any public way, CONSULTANT shall erect a protection fence. A protection fence will not be necessary when the distance from the improvement to the public way is more than one-half the height of the improvement being demolished. Where a protection fence is erected on a public sidewalk, a pedestrian walkway shall be provided. The walkway and sidewalk shall meet the Code requirements established by the City/Jurisdiction where the project is located. The required width of the walkway shall be unobstructed. No structural member in any level shall be demolished or removed until the level next above is completely removed, excepting Class A masonry and/or concrete improvements, subject to the approval of the responsible agency. The cleaning of brick on the site is prohibited. CONSULTANT shall break the floor of and fill all basements, pits, and sumps and backfill all excavations resulting from the removal operations. CONSULTANT shall not proceed from one item of work to the next until the previous item is in non-hazardous condition and all combustible material has been removed. CONSULTANT shall clear and grub all trees, shrubs and vegetation unless otherwise specified in a task order. Tree removal shall include removing the major root ball and backfilling the resulting excavations. CONSULTANT shall not remove fencing adjoining improved property unless instructed to do so by the Project Manager. Unless specifically stated otherwise in these provisions, SBCTA assumes no responsibility for conditions not evident at the time of bid openings or for subsequent Attachment: On Call ROW Scope of Work (3877 : Request for Proposals for On-Call Right of Way Services) Packet Pg. 87

88 6.a change or damage of any nature to the improvements not within the control of the SBCTA. The Project Manager reserves the right to remove such items from the improvements as deemed suitable before directing CONSULTANT to begin demolition operations. f) Workmanship The workmanship shall be in conformance with the building codes of the state, county, and city in which the work is being done. CONSULTANT shall conduct operations in such a manner to cause the least obstruction and/or inconvenience to the surrounding tenants and/or property owners. It is the CONSULTANT s responsibility to notify the Project Manager to have all work inspected within 24 hours of work completion for final inspection of work. CONSULTANT shall leave each work site in a clean and nest condition, and shall haul away and legally discard any materials or debris caused by work actions from the job site, at no additional cost. g) Coordination of Work with other SBCTA consultants. As directed by SBCTA, CONSULTANT shall coordinate with other SBCTA staff and/or consultants for supplemental work (i.e. perform soil testing, environmental clean-up) required for the effective delivery of the Measure I Program and other Federally Funded Programs. Fees charged by SBCTA staff and/or consultants shall be paid directly by SBCTA. h) Estimated Time of Completion Precise time frame for completion of work will be specified in the task order to be issued upon award of work. The exact time frame will depend on the volume and type of work, typically within 45 calendar days, including Southern California Air Quality management District (SCAQMD) notification. J. RELOCATION SERVICES The CONSULTANT shall provide a Relocation Assistance Coordinator, as needed, to implement the Relocation Assistance Program (RAP) in accordance with applicable laws, regulations, and policies. Services may include, but are not limited to, the following: 1. Implement the Uniform Act and other requirements. 2. Prepare Relocation Impact Documents (RID), Replacement Housing Valuations, and other R/W Planning documents. Attachment: On Call ROW Scope of Work (3877 : Request for Proposals for On-Call Right of Way Services) Packet Pg. 88

89 6.a 3. Identify that sufficient consultants are available to perform the RAP requirements of the project such that there is adequate time to spend with each displace to ensure the appropriate level of advisory assistance is provided and that claims are processed in a timely manner. 4. Coordinate increase of rental rates with Caltrans R/W staff to ensure that increases for RAP eligible occupants are in accordance with rental policy for residential rental rates. Increases in rental rates for 90-day Occupants may drastically affect their entitlements. 5. Perform inspections of the real property just prior to or at the close of escrow to determine if the acquired items of realty are still on-site, and explain to the displaces who will remain in occupancy that they are responsible for maintenance of the property until they vacate. Describe grace period, if any, for businesses renting from the State, in the rental agreement. K. UTILITY RELOCATION COORDINATOR CONSULTANT shall provide a Utility Relocation Coordinator with knowledge and experience with Local, State, and Federal laws, policies, and procedures that deal with Utility Relocation to verify utilities, identify utility conflicts, coordinate utility relocation, and manage and track billings related to these activities for utilities in physical conflict or in violation of the Department s utility accommodation policy for transportation projects. Additionally, the Utilities Relocation Coordinator shall be knowledgeable in liability determination for cost of utility relocation by understanding and using Master Contracts between Caltrans and utility companies, State Streets and Highways Code, and Statutes relating to the Department of Transportation. Services may include, but are not limited to, the following: 1. CONSULTANT shall establish files that document action taken or recommended. 2. Prepare estimates based on possible relocations. Update and revise the estimates when necessary. 3. Identify and verify all utility facilities lying within existing and proposed rights of way. 4. Coordinate all positive location requirements for all high/low risk utility facilities within the project limits. 5. Coordinate avoidance and relocation of facilities. 6. Assist in preparing and/or reviewing: encroachment exception requests, high/low risk policy exceptions, FHWA Request for Authorization packages, FHWA Approval of Utility Agreement, portions of the Right of Way Data Sheets, portions of the R/W Certification document. 7. Prepare Notices to Owners, Utility Agreements, and Encroachment Permits. Attachment: On Call ROW Scope of Work (3877 : Request for Proposals for On-Call Right of Way Services) Packet Pg. 89

90 6.a 8. Verify relocation billings and process for payment when acceptable. L. RAILROAD COORDINATOR On an as needed basis, CONSULTANT shall provide a railroad coordinator to lead the efforts required to provide clearance between the subject railroad and other agencies to perform design and construction activities. Other agencies may consist of SBCTA, Caltrans, and/or cities. Services may include, but are not limited to, the following: 1. Coordinate with PM, SBCTA, and other agencies. 2. Schedule and coordinate meetings with the various agencies and the railroad. 3. Develop a schedule of activities required for clearance. 4. Monitor the activities and action items and report this to the right of way project manager regularly. 5. Prepare required documentation. Attachment: On Call ROW Scope of Work (3877 : Request for Proposals for On-Call Right of Way Services) Packet Pg. 90

91 7 Date: October 12, 2017 Minute Action AGENDA ITEM: 7 Subject: Interstate 10 Alabama Street Improvements Project Agreement with Caltrans Recommendation: That the following be reviewed and recommended for final approval by the Board of Directors, acting as the San Bernardino County Transportation Authority, at a regularly scheduled Board meeting: Approve Cooperative Agreement No with the California Department of Transportation (Caltrans) for the Project Approval and Environmental Document (PA&ED), Plans, Specifications, and Estimates (PS&E) and Right of Way (ROW) phases of the Interstate 10 (I-10)/Alabama Street Improvements Project. Background: The I-10/Alabama Street Interchange Project is ranked number 6 on the Measure I Valley Freeway Interchange Program priority list. The project will widen Alabama Street between Orange Tree Lane and Industrial Park Avenue in the City of Redlands, including widening the eastbound and westbound off-ramps at the I-10/Alabama Street Interchange to improve traffic operations and reduce traffic congestion on Alabama Street and at the I-10 interchange. On November 2, 2016, the Board of Directors approved Cooperative Agreement No with the City of Redlands to define the roles, responsibilities and funding for the Project Study Report/Project Development Support (PSR/PDS), Project Approval and Environmental Document (PA&ED), Plans, Specifications and Estimates (PS&E), Right of Way (ROW) and Construction, with SBCTA defined as the lead agency for these phases. At the same meeting, the Board of Directors also approved Cooperative Agreement No with Caltrans for review and approval of the PSR/PDS document. On January 4, 2017, the Board of Directors approved the award of Contract No with Advanced Civil Technologies for the development of the PSR/PDS document, PA&ED, PS&E, ROW engineering and Construction support services. The PSR/PDS document for the project has been developed and is currently being reviewed by Caltrans. Cooperative Agreement No with Caltrans is a standard agreement to define the roles and responsibilities between both agencies for the development of the project. Under this agreement, SBCTA will lead the project delivery efforts in the PA&ED, PS&E and ROW phases while Caltrans will provide oversight reviews. SBCTA anticipates the PSR/PDS document to be approved by Caltrans in November 2017; as such, staff recommends approval of Cooperative Entity: San Bernardino County Transportation Authority Packet Pg. 91

92 Board of Directors Metro Valley Study Session Agenda Item October 12, 2017 Page 2 7 Agreement No so that SBCTA can proceed with the PA&ED, PS&E and ROW project delivery activities. Financial Impact: This item is consistent with SBCTA Fiscal Year 2017/2018 Budget under Task No Interchange Projects, Sub-Task No I-10 Alabama Interchange Project. Reviewed By: This item is not scheduled for review by any other policy committee or technical advisory committee. SBCTA General Counsel and Procurement Manager have reviewed this item and the draft agreement. Responsible Staff: Timothy Byrne, Project Delivery Manager Approved Board of Directors Metro Valley Study Session Date: October 12, 2017 Witnessed By: San Bernardino County Transportation Authority Packet Pg. 92

93 Contract No: Contract Summary Sheet General Contract Information Amendment No.: 0 Vendor No.: a Vendor/Customer Name: California Department of Transportation Sole Source? Yes No Description: I-10 Alabama Interchange - Cooperative Agreement for PA/ED, PS&E and ROW Start Date: 11/1/2017 Expiration Date: 10/31/2022 Revised Expiration Date: Has Contract Term Been Amended? x No List Any Related Contracts Nos.: Original Contract Revised Contract (Inclusive of Prior Amendments) Current Amendment TOTAL CONTRACT VALUE Executive Director Executive Director Action: Date: x Board of Directors Date: Board of Directors Action: Original Contingency Revised Contingency (Inclusive of Prior Amendments) Contingency Amendment TOTAL CONTINGENCY VALUE TOTAL DOLLAR AUTHORITY (Contract Value and Contingency) Invoice Warning: 20% Renewals: Type: Capital PAA Other Retention: Maximum Retention: Services: Construction Intrgrnt/MOU/COOP A & E Services Other Professional Services Disadvantaged Business Enterprise (DBE) % $ $ $ $ Dollar Amount Goal E-76 and/or CTC Date (Attach Copy) Program Supplement No.: Contract Authorization 11/1/2017 Approve Cooperative Agreement No $ Yes - Please Explain Contract Management: Payable/Miscellaneous Contract Management: Receivable % - $ $ $ $ $ Attachment: I10 Alabama CSS (3922 : I-10 Alabama Cooperative Agreement with Caltrans) Finance Letter Reversion Date: EA No.: All of the above MUST be submitted to FINANCE including originals, amendments and miscellaneous transaction changes Additional Information Project Manager: Heng Chow. Roles and responsibilities only; neither payable nor receivable. Packet Pg. 93

94 Agreement Project No EA 1H SBD b COOPERATIVE AGREEMENT DRAFT This AGREEMENT, effective on, is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and: San Bernardino County Transportation Authority, a public corporation/entity, referred to hereinafter as SBCTA. RECITALS 1. PARTIES are authorized to enter into a cooperative agreement for improvements to the State Highway System per the California Streets and Highways Code sections 114 and For the purpose of this AGREEMENT, construct interchange improvements at Alabama Street on Interstate 10 in the City of Redlands will be referred to hereinafter as PROJECT. The PROJECT scope of work is defined in the project initiation and approval documents (e.g. Project Study Report, Permit Engineering Evaluation Report, or Project Report). 3. All obligations and responsibilities assigned in this AGREEMENT to complete the following PROJECT COMPONENTS will be referred to hereinafter as WORK: PROJECT APPROVAL AND ENVIRONMENTAL DOCUMENT (PA&ED) PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E) RIGHT-OF-WAY Each PROJECT COMPONENT is defined in the CALTRANS Workplan Standards Guide as a distinct group of activities/products in the project planning and development process. Attachment: I-10 Alabama Cooperative Agreement [Revision 7] (3922 : I-10 Alabama Cooperative Agreement with Caltrans) Project Development Agreement (Created August 9, 2017) Packet 1 of 23 Pg. 94

95 Agreement Project No b 4. The term AGREEMENT, as used herein, includes this document and any attachments, exhibits, and amendments. This AGREEMENT is separate from and does not modify or replace any other cooperative agreement or memorandum of understanding between the PARTIES regarding the PROJECT. PARTIES intend this AGREEMENT to be their final expression that supersedes any oral understanding or writings pertaining to the WORK. The requirements of this AGREEMENT will preside over any conflicting requirements in any documents that are made an express part of this AGREEMENT. If any provisions in this AGREEMENT are found by a court of competent jurisdiction to be, or are in fact, illegal, inoperative, or unenforceable, those provisions do not render any or all other AGREEMENT provisions invalid, inoperative, or unenforceable, and those provisions will be automatically severed from this AGREEMENT. Except as otherwise provided in the AGREEMENT, PARTIES will execute a written amendment if there are any changes to the terms of this AGREEMENT. PARTIES agree to sign a CLOSURE STATEMENT to terminate this AGREEMENT. However, all indemnification, document retention, audit, claims, environmental commitment, legal challenge, maintenance and ownership articles will remain in effect until terminated or modified in writing by mutual agreement or expire by the statute of limitations. 5. The following work associated with this PROJECT has been completed or is in progress: SBCTA is developing the Project Initiation Document. 6. In this AGREEMENT capitalized words represent defined terms, initialisms, or acronyms. 7. PARTIES hereby set forth the terms, covenants, and conditions of this AGREEMENT. Sponsorship RESPONSIBILITIES 8. A SPONSOR is responsible for establishing the scope of the PROJECT and securing the financial resources to fund the WORK. A SPONSOR is responsible for securing additional funds when necessary or implementing PROJECT changes to ensure the WORK can be completed with the funds obligated in this AGREEMENT. 9. SBCTA is the SPONSOR for the WORK in this AGREEMENT. Attachment: I-10 Alabama Cooperative Agreement [Revision 7] (3922 : I-10 Alabama Cooperative Agreement with Caltrans) Packet 2 of 23 Pg. 95

96 Agreement Project No b Implementing Agency 10. The IMPLEMENTING AGENCY is the PARTY responsible for managing the scope, cost, schedule, and quality of the work activities and products of a PROJECT COMPONENT. SBCTA is the Project Approval and Environmental Document (PA&ED) IMPLEMENTING AGENCY. PA&ED includes the completion of the Final Environmental Document and the Project Report (documenting the project alternative selection). SBCTA is the Plans, Specifications, and Estimate (PS&E) IMPLEMENTING AGENCY. PS&E includes the development of the plans, specifications, and estimate; obtaining any resource agency permits; and the advertisement/award of the construction contract. SBCTA is the RIGHT-OF-WAY IMPLEMENTING AGENCY RIGHT-OF-WAY includes coordination with utility owners for the protection, removal, or relocation of utilities; the acquisition of right-of-way interests; and post-construction work such as right-of-way monumentation/recordation, relinquishments/vacations, and excess land transactions. The RIGHT-OF-WAY component budget identifies the cost of the capital costs of right-of-way acquisition (RIGHT-OF-WAY Capital) and the cost of the staff work in support of the acquisition (RIGHT-OF-WAY Support). 11. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will provide a Quality Management Plan (QMP) for the WORK in that component. The Quality Management Plan describes the IMPLEMENTING AGENCY s quality policy and how it will be used. The Quality Management Plan will include a process for resolving disputes between the PARTIES at the team level. The Quality Management Plan is subject to CALTRANS review and approval. 12. Any PARTY responsible for completing WORK will make its personnel and consultants that prepare WORK available to help resolve WORK-related problems and changes for the entire duration of the PROJECT including PROJECT work that may occur under separate agreements. Attachment: I-10 Alabama Cooperative Agreement [Revision 7] (3922 : I-10 Alabama Cooperative Agreement with Caltrans) Packet 3 of 23 Pg. 96

97 Agreement Project No b Funding 13. Funding sources, PARTIES committing funds, funding amounts, and invoicing/payment details are documented in the Funding Summary section of this AGREEMENT. PARTIES will amend this AGREEMENT by updating and replacing the Funding Summary, in its entirety, each time the funding details change. Funding Summary replacements will be executed by a legally authorized representative of the respective PARTIES. The most current fully executed Funding Summary supersedes any previous Funding Summary created for this AGREEMENT. 14. PARTIES will not be reimbursed for costs beyond the funds obligated in this AGREEMENT. 15. Unless otherwise documented in the Funding Summary, overall liability for project costs within a PROJECT COMPONENT will be in proportion to the amount contributed to that PROJECT COMPONENT by each fund type. 16. Unless otherwise documented in the Funding Summary, any savings recognized within a PROJECT COMPONENT will be credited or reimbursed, when allowed by policy or law, in proportion to the amount contributed to that PROJECT COMPONENT by each fund type. 17. WORK costs, except those that are specifically excluded in this AGREEMENT, are to be paid from the funds obligated in the Funding Summary. Costs that are specifically excluded from the funds obligated in this AGREEMENT are to be paid by the PARTY incurring the costs from funds that are independent of this AGREEMENT. CALTRANS Quality Management 18. CALTRANS, as the owner/operator of the State Highway System, will perform quality management work including independent quality assurance (IQA), environmental document quality control, and owner/operator approvals for the portions of WORK within the existing and proposed State Highway System right-of-way. 19. CALTRANS independent quality assurance (IQA) efforts are to ensure that SBCTA's quality assurance results in WORK that is in accordance with the applicable standards and the PROJECT s quality management plan (QMP). An IQA does not include any efforts necessary to develop or deliver WORK or any validation by verifying or rechecking WORK. When CALTRANS performs IQA it does so for its own benefit. No one can assign liability to CALTRANS due to its IQA. Attachment: I-10 Alabama Cooperative Agreement [Revision 7] (3922 : I-10 Alabama Cooperative Agreement with Caltrans) Packet 4 of 23 Pg. 97

98 Agreement Project No b 20. CALTRANS, as the owner/operator of the State Highway System, will approve WORK products in accordance with CALTRANS policies and guidance and as indicated in this AGREEMENT. 21. Per National Environmental Policy Act (NEPA) assignment and California Environmental Quality Act (CEQA) statutes, CALTRANS will perform environmental document quality control and NEPA assignment review procedures for environmental documentation. CALTRANS quality control and quality assurance procedures for all environmental documents are described in the Jay Norvell Memos dated October 1, 2012 (available at This also includes the independent judgment analysis and determination under CEQA that the environmental documentation meets CEQA requirements. 22. SBCTA will provide WORK-related products and supporting documentation upon CALTRANS request for the purpose of CALTRANS quality management work. CEQA/NEPA Lead Agency 23. CALTRANS is the CEQA Lead Agency for the PROJECT. 24. CALTRANS is the NEPA Lead Agency for the PROJECT. Environmental Permits, Approvals and Agreements 25. PARTIES will comply with the commitments and conditions set forth in the environmental documentation, environmental permits, approvals, and applicable agreements as those commitments and conditions apply to each PARTIES responsibilities in this AGREEMENT. 26. Unless otherwise assigned in this AGREEMENT, the IMPLEMENTING AGENCY for a PROJECT COMPONENT is responsible for all PROJECT COMPONENT WORK associated with coordinating, obtaining, implementing, renewing, and amending the PROJECT permits, agreements, and approvals whether they are identified in the planned project scope of work or become necessary in the course of completing the PROJECT. 27. It is expected that the PROJECT requires the following environmental permits/approvals: ENVIRONMENTAL PERMITS/REQUIREMENTS National Pollutant Discharge Elimination System (NPDES), State Water Resources Control Board Attachment: I-10 Alabama Cooperative Agreement [Revision 7] (3922 : I-10 Alabama Cooperative Agreement with Caltrans) Packet 5 of 23 Pg. 98

99 Agreement Project No b Project Approval and Environmental Document (PA&ED) 28. As the PA&ED IMPLEMENTING AGENCY, SBCTA is responsible for all PA&ED WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT. 29. CALTRANS will be responsible for completing the following PA&ED activities: CALTRANS Work Breakdown Structure Identifier (If Applicable) xx Quality Management xx Essential Fish Habitat Consultation xx Section 7 Consultation AGREEMENT Funded Cost Approval to Circulate Resolution No Project Preferred Alternative No xx CEQA Lead Final Env. Doc QA/QC and Approval Section 7 Consultation No Record of Decision (NEPA) No Notice of Determination (CEQA) No 30. Any PARTY preparing environmental documentation, including studies and reports, will ensure that qualified personnel remain available to help resolve environmental issues and perform any necessary work to ensure that the PROJECT remains in environmental compliance. 31. SBCTA will provide written notice of the initiation of environmental studies to the CEQA and NEPA Lead Agencies prior to completing any other PA&ED phase work. California Environmental Quality Act (CEQA) 32. Environmental documentation will be prepared in compliance with the California Public Resources Code (d)(e). CALTRANS will provide, and SBCTA will use, a letter template and a list of California Native American tribes requesting notification. SBCTA will prepare consultation documentation for CALTRANS signature and transmittal in compliance with the statutorily required time frames. 33. The CEQA Lead Agency will determine the type of CEQA documentation and will cause that documentation to be prepared in accordance with CEQA requirements. No No No No Attachment: I-10 Alabama Cooperative Agreement [Revision 7] (3922 : I-10 Alabama Cooperative Agreement with Caltrans) Packet 6 of 23 Pg. 99

100 Agreement Project No b 34. Any PARTY involved in the preparation of CEQA documentation will prepare the documentation to meet CEQA requirements and follow the CEQA Lead Agency s standards that apply to the CEQA process. 35. Any PARTY preparing any portion of the CEQA documentation, including any studies and reports, will submit that portion of the documentation to the CEQA Lead Agency for review, comment, and approval at appropriate stages of development prior to public availability. 36. SBCTA will submit CEQA-related public notices to CALTRANS for review, comment, and approval prior to publication and circulation. 37. SBCTA will submit all CEQA-related public meeting materials to the CEQA Lead Agency for review, comment, and approval at least ten (10) working days prior to the public meeting date. If the CEQA Lead Agency makes any changes to the materials, then the CEQA Lead Agency will allow SBCTA to review, comment, and concur on those changes at least three (3) working days prior to the public meeting date. 38. The CEQA Lead Agency will attend all CEQA-related public meetings. 39. If a PARTY who is not the CEQA Lead Agency holds a public meeting about the PROJECT, that PARTY must clearly state its role in the PROJECT and the identity of the CEQA Lead Agency on all meeting publications. All meeting publications must also inform the attendees that public comments collected at the meetings are not part of the CEQA public review process. That PARTY will submit all meeting advertisements, agendas, exhibits, handouts, and materials to the CEQA Lead Agency for review, comment, and approval at least ten (10) working days prior to publication or use. If that PARTY makes any changes to the materials, it will allow the CEQA Lead Agency to review, comment on, and approve those changes at least three (3) working days prior to the public meeting date. The CEQA Lead Agency maintains final editorial control with respect to text or graphics that could lead to public confusion over CEQA-related roles and responsibilities. Attachment: I-10 Alabama Cooperative Agreement [Revision 7] (3922 : I-10 Alabama Cooperative Agreement with Caltrans) Packet 7 of 23 Pg. 100

101 Agreement Project No b National Environmental Policy Act (NEPA) 40. Pursuant to Chapter 3 of Title 23, United States Code (23 U.S.C. 326) and 23 U.S.C. 327, CALTRANS is the NEPA Lead Agency for the PROJECT. CALTRANS is responsible for NEPA compliance, will determine the type of NEPA documentation, and will cause that documentation to be prepared in accordance with NEPA requirements. CALTRANS, as the NEPA Lead Agency for PROJECT, will review, comment, and approve all environmental documentation (including, but not limited to, studies, reports, public notices, and public meeting materials, determinations, administrative drafts, and final environmental documents) at appropriate stages of development prior to approval and public availability. When required as NEPA Lead Agency, CALTRANS will conduct consultation and coordination and obtain, renew, or amend approvals pursuant to the Federal Endangered Species Act, and Essential Fish Habitat. When required as NEPA Lead Agency, CALTRANS will conduct consultation and coordination approvals pursuant to Section 106 of the National Historic Preservation Act. 41. Any PARTY involved in the preparation of NEPA documentation will follow FHWA and CALTRANS standards that apply to the NEPA process including, but not limited to, the guidance provided in the FHWA Environmental Guidebook (available at and the CALTRANS Standard Environmental Reference. 42. Any PARTY preparing any portion of the NEPA documentation (including, but not limited to, studies, reports, public notices, and public meeting materials, determinations, administrative drafts, and final environmental documents) will submit that portion of the documentation to CALTRANS for CALTRANS review, comment, and approval prior to public availability. 43. SBCTA will prepare, publicize, and circulate all NEPA-related public notices, except Federal Register notices. SBCTA will submit all notices to CALTRANS for CALTRANS review, comment, and approval prior to publication and circulation. CALTRANS will work with the appropriate federal agency to publish notices in the Federal Register. 44. The NEPA Lead Agency will attend all NEPA-related public meetings. 45. SBCTA will submit all NEPA-related public meeting materials to CALTRANS for CALTRANS review, comment, and approval at least ten (10) working days prior to the public meeting date. Attachment: I-10 Alabama Cooperative Agreement [Revision 7] (3922 : I-10 Alabama Cooperative Agreement with Caltrans) Packet 8 of 23 Pg. 101

102 Agreement Project No b 46. If a PARTY who is not the NEPA Lead Agency holds a public meeting about the PROJECT, that PARTY must clearly state its role in the PROJECT and the identity of the NEPA Lead Agency on all meeting publications. All meeting publications must also inform the attendees that public comments collected at the meetings are not part of the NEPA public review process. That PARTY will submit all meeting advertisements, agendas, exhibits, handouts, and materials to the NEPA Lead Agency for review, comment, and approval at least ten (10) working days prior to publication or use. If that PARTY makes any changes to the materials, it will allow the NEPA Lead Agency to review, comment on, and approve those changes at least three (3) working days prior to the public meeting date. The NEPA Lead Agency has final approval authority with respect to text or graphics that could lead to public confusion over NEPA-related roles and responsibilities. 47. SBCTA will ensure that the PROJECT is included in the approved Federal Statewide Transportation Improvement Program (FSTIP) prior to the NEPA Lead Agency s approval of the environmental document. Plans, Specifications, and Estimate (PS&E) 48. As the PS&E IMPLEMENTING AGENCY, SBCTA is responsible for all PS&E WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT. 49. CALTRANS will not issue the Acceptance of Final Plans, Specifications, and Estimate to SBCTA until the following conditions are met: Any new or amended Maintenance Agreement required for the WORK are executed. Any new or amended Freeway Agreement required for the WORK are executed. 50. CALTRANS will be responsible for completing the following PS&E activities: CALTRANS Work Breakdown Structure Identifier (If Applicable) xx Quality Management AGREEMENT Funded Cost 51. SBCTA will prepare Utility Conflict Maps identifying the accommodation, protection, relocation, or removal of any existing utility facilities that conflict with construction of the PROJECT or that violate CALTRANS encroachment policy. No Attachment: I-10 Alabama Cooperative Agreement [Revision 7] (3922 : I-10 Alabama Cooperative Agreement with Caltrans) Packet 9 of 23 Pg. 102

103 Agreement Project No b SBCTA will provide CALTRANS a copy of Utility Conflict Maps for CALTRANS' concurrence prior to issuing the Notices to Owner and executing the Utility Agreement. All utility conflicts will be addressed in the PROJECT plans, specifications, and estimate. 52. SBCTA will determine the cost to positively identify and locate, accommodate, protect, relocate, or remove any utility facilities whether inside or outside the State Highway System right-of-way in accordance with federal and California laws and regulations, and CALTRANS policies, procedures, standards, practices, and applicable agreements including but not limited to Freeway Master Contracts. 53. At the submittal of all PS&E packages, plans will be submitted in Micro station DGN format, version 7.0 or later. DGN file will be in addition to the number of hardcopies required for each PS&E package review. RIGHT-OF-WAY 54. As the RIGHT-OF-WAY IMPLEMENTING AGENCY, SBCTA is responsible for all RIGHT- OF-WAY WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT. 55. CALTRANS will be responsible for completing the following RIGHT-OF-WAY activities: CALTRANS Work Breakdown Structure Identifier (If Applicable) xx Quality Management AGREEMENT Funded Cost 56. The selection of personnel performing RIGHT-OF-WAY WORK will be in accordance with federal and California laws and regulations, and CALTRANS policies, procedures, standards, practices, and applicable agreements. 57. SBCTA will make all necessary arrangements with utility owners for the timely accommodation, protection, relocation, or removal of any existing utility facilities that conflict with construction of the PROJECT or that violate CALTRANS encroachment policy. 58. SBCTA will provide CALTRANS a copy of conflict maps, relocation plans, proposed notices to owner, reports of investigation, and utility agreements (if applicable) for CALTRANS' concurrence prior to issuing the notices to owner and executing the utility agreement. All utility conflicts will be fully addressed prior to Right-of-Way Certification and all arrangements for the protection, relocation, or removal of all conflicting facilities will be completed prior to construction contract award and included in the PROJECT plans, specifications, and estimate. No Attachment: I-10 Alabama Cooperative Agreement [Revision 7] (3922 : I-10 Alabama Cooperative Agreement with Caltrans) Packet 10 of 23 Pg. 103

104 Agreement Project No b 59. SBCTA will provide a land surveyor licensed in the State of California to be responsible for surveying and right-of-way engineering. All survey and right-of-way engineering documents will bear the professional seal, certificate number, registration classification, expiration date of certificate, and signature of the responsible surveyor. 60. Acquisition of right-of-way will not occur prior to the approval of the environmental document without written approval from the CEQA Lead Agency. 61. SBCTA certifies that it is authorized to hear and, if appropriate, adopt Resolutions of Necessity for PROJECT. SBCTA agrees to be responsible for hearing and adopting Resolutions of Necessity for PROJECT. SBCTA is responsible for all work associated with hearing and adopting Resolutions of Necessity for PROJECT. SBCTA is responsible for conducting and documenting the functional equivalent of the CALTRANS District Condemnation Evaluation Meeting and the CALTRANS Condemnation Panel Review Meetings. Appropriate CALTRANS staff or designee will be invited to any functional equivalent of a Condemnation Panel Review Meeting. CALTRANS concurrence is required, in advance, for any other exception to CALTRANS or FHWA s right-of-way policies, procedures, or standards. 62. If SBCTA acquires any right-of-way to be incorporated into the State Highway System, SBCTA will first acquire in its own name. If CALTRANS acquires any right-of-way, CALTRANS will first acquire in SBCTA's name. Title to the State Highway System right-of-way will ultimately be vested in the State. CALTRANS acceptance of title will occur after the Right-of-Way Closeout activities are complete. 63. SBCTA will utilize a public agency currently qualified by CALTRANS or a properly licensed consultant for all right-of-way activities. A qualified right-of-way agent will administer all right-of-way consultant contracts. SBCTA will submit a draft Right-of-Way Certification to CALTRANS six weeks prior to the scheduled Right-of-Way Certification milestone date for review. SBCTA will submit a final Right-of-Way Certification to CALTRANS for approval prior to the advertising the construction contract. 64. Physical and legal possession of the right-of-way must be completed prior to advertising the construction contract, unless PARTIES mutually agree to other arrangements in writing. Attachment: I-10 Alabama Cooperative Agreement [Revision 7] (3922 : I-10 Alabama Cooperative Agreement with Caltrans) Packet 11 of 23 Pg. 104

105 Agreement Project No b 65. CALTRANS acceptance of right-of-way title is subject to review of an Updated Preliminary Title Report provided by SBCTA verifying that the title is free of all encumbrances and liens. Upon acceptance, SBCTA will provide CALTRANS with a Policy of Title Insurance in CALTRANS name. 66. Right-of-way conveyances must be completed prior to WORK completion unless PARTIES mutually agree to other arrangements in writing. Schedule 67. PARTIES will manage the WORK schedule to ensure the timely use of obligated funds and to ensure compliance with any environmental permits, right-of-way agreements, construction contracts, and any other commitments. PARTIES will communicate schedule risks or changes as soon as they are identified and will actively manage and mitigate schedule risks. 68. The IMPLEMENTING AGENCY for each PROJECT COMPONENT will furnish PARTIES with a final report of the WORK completed. Attachment: I-10 Alabama Cooperative Agreement [Revision 7] (3922 : I-10 Alabama Cooperative Agreement with Caltrans) Packet 12 of 23 Pg. 105

106 Agreement Project No b Additional Provisions Standards 69. PARTIES will perform all WORK in accordance with federal and California laws, regulations, and standards; FHWA standards; and CALTRANS standards. CALTRANS standards include, but are not limited to, the guidance provided in the: Noncompliant Work CALTRANS policies and directives Project Development Procedures Manual (PDPM) Workplan Standards Guide Standard Environmental Reference Highway Design Manual Right of Way Manual 70. CALTRANS retains the right to reject noncompliant WORK. SBCTA agrees to suspend WORK upon request by CALTRANS for the purpose of protecting public safety, preserving property rights, and ensuring that all WORK is in the best interest of the State Highway System. Qualifications 71. Each PARTY will ensure that personnel participating in WORK are appropriately qualified or licensed to perform the tasks assigned to them. Consultant Selection 72. SBCTA will invite CALTRANS to participate in the selection of any consultants that participate in the WORK. Attachment: I-10 Alabama Cooperative Agreement [Revision 7] (3922 : I-10 Alabama Cooperative Agreement with Caltrans) Packet 13 of 23 Pg. 106

107 Agreement Project No b Encroachment Permits 73. CALTRANS will issue, upon proper application, the encroachment permits required for WORK within State Highway System right-of-way. Contractors and/or agents, and utility owners will not work within the State Highway System right-of-way without an encroachment permit issued in their name. CALTRANS will provide encroachment permits to PARTIES, their contractors, consultants and agents at no cost. If the encroachment permit and this AGREEMENT conflict, the requirements of this AGREEMENT will prevail. 74. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will coordinate, prepare, obtain, implement, renew, and amend any encroachment permits needed to complete the WORK. Protected Resources 75. If any PARTY discovers unanticipated cultural, archaeological, paleontological, or other protected resources during WORK, all WORK in that area will stop and that PARTY will notify all PARTIES within 24 hours of discovery. WORK may only resume after a qualified professional has evaluated the nature and significance of the discovery and CALTRANS approves a plan for its removal or protection. Disclosures 76. PARTIES will hold all administrative drafts and administrative final reports, studies, materials, and documentation relied upon, produced, created, or utilized for the WORK in confidence to the extent permitted by law and where applicable, the provisions of California Government Code section (e) will protect the confidentiality of such documents in the event that said documents are shared between PARTIES. PARTIES will not distribute, release, or share said documents with anyone other than employees, agents, and consultants who require access to complete the WORK without the written consent of the PARTY authorized to release them, unless required or authorized to do so by law. 77. If a PARTY receives a public records request pertaining to the WORK, that PARTY will notify PARTIES within five (5) working days of receipt and make PARTIES aware of any disclosed public documents. PARTIES will consult with each other prior to the release of any public documents related to the WORK. Attachment: I-10 Alabama Cooperative Agreement [Revision 7] (3922 : I-10 Alabama Cooperative Agreement with Caltrans) Packet 14 of 23 Pg. 107

108 Agreement Project No b Hazardous Materials 78. HM-1 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law, irrespective of whether it is disturbed by the PROJECT or not. HM-2 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law only if disturbed by the PROJECT. The management activities related to HM-1 and HM-2, including and without limitation, any necessary manifest requirements and disposal facility designations are referred to herein as HM-1 MANAGEMENT and HM-2 MANAGEMENT respectively. 79. If HM-1 or HM-2 is found the discovering PARTY will immediately notify all other PARTIES. 80. CALTRANS, independent of the PROJECT, is responsible for any HM-1 found within the existing State Highway System right-of-way. CALTRANS will undertake, or cause to be undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT schedule. CALTRANS will pay, or cause to be paid, the cost of HM-1 MANAGEMENT for HM-1 found within the existing State Highway System right-of-way with funds that are independent of the funds obligated in this AGREEMENT. 81. If HM-1 is found within the PROJECT limits and outside the existing State Highway System right-of-way, responsibility for such HM-1 rests with the owner(s) of the parcel(s) on which the HM-1 is found. SBCTA, in concert with the local agency having land use jurisdiction, will ensure that HM-1 MANAGEMENT is undertaken with minimum impact to Project schedule. The cost of HM-1 MANAGEMENT for HM-1 found within the PROJECT limits and outside the existing State Highway System right-of-way will be paid from funds that are independent of the funds obligated in this AGREEMENT and will be the responsibility of the owner(s) of the parcel(s) where the HM-1 is located. 82. The CONSTRUCTION IMPLEMENTING AGENCY is responsible for HM-2 MANAGEMENT within the PROJECT limits. 83. CALTRANS acquisition or acceptance of title to any property on which any HM-1 or HM-2 is found will proceed in accordance with CALTRANS policy on such acquisition. Attachment: I-10 Alabama Cooperative Agreement [Revision 7] (3922 : I-10 Alabama Cooperative Agreement with Caltrans) Packet 15 of 23 Pg. 108

109 Agreement Project No b Claims 84. Any PARTY that is responsible for completing WORK may accept, reject, compromise, settle, or litigate claims arising from the WORK without concurrence from the other PARTY. 85. PARTIES will confer on any claim that may affect the WORK or PARTIES liability or responsibility under this AGREEMENT in order to retain resolution possibilities for potential future claims. No PARTY will prejudice the rights of another PARTY until after PARTIES confer on the claim. 86. If the WORK expends state or federal funds, each PARTY will comply with the federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards of 2 CFR, Part 200. PARTIES will ensure that any for-profit consultant hired to participate in the WORK will comply with the requirements in 48 CFR, Chapter 1, Part 31. When state or federal funds are expended on the WORK these principles and requirements apply to all funding types included in this AGREEMENT. Accounting and Audits 87. PARTIES will maintain, and will ensure that any consultant hired by PARTIES to participate in WORK will maintain, a financial management system that conforms to Generally Accepted Accounting Principles (GAAP), and that can properly accumulate and segregate incurred PROJECT costs and billings. 88. PARTIES will maintain and make available to each other all WORK-related documents, including financial data, during the term of this AGREEMENT. PARTIES will retain all WORK-related records for three (3) years after the final voucher. PARTIES will require that any consultants hired to participate in the WORK will comply with this Article. Attachment: I-10 Alabama Cooperative Agreement [Revision 7] (3922 : I-10 Alabama Cooperative Agreement with Caltrans) Packet 16 of 23 Pg. 109

110 Agreement Project No b 89. PARTIES have the right to audit each other in accordance with generally accepted governmental audit standards. CALTRANS, the state auditor, FHWA (if the PROJECT utilizes federal funds), and SBCTA will have access to all WORK -related records of each PARTY, and any consultant hired by a PARTY to participate in WORK, for audit, examination, excerpt, or transcription. The examination of any records will take place in the offices and locations where said records are generated and/or stored and will be accomplished during reasonable hours of operation. The auditing PARTY will be permitted to make copies of any WORK-related records needed for the audit. The audited PARTY will review the draft audit, findings, and recommendations, and provide written comments within thirty (30) calendar days of receipt. Upon completion of the final audit, PARTIES have forty-five (45) calendar days to refund or invoice as necessary in order to satisfy the obligation of the audit. Any audit dispute not resolved by PARTIES is subject to mediation. Mediation will follow the process described in the General Conditions section of this AGREEMENT. 90. If the WORK expends state or federal funds, each PARTY will undergo an annual audit in accordance with the Single Audit Act in the federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as defined in 2 CFR, Part When a PARTY reimburses a consultant for WORK with state or federal funds, the procurement of the consultant and the consultant overhead costs will be in accordance with Chapter 10 of the Local Assistance Procedures Manual. Interruption of Work 92. If WORK stops for any reason, each PARTY will continue to implement the obligations of this AGREEMENT, including the commitments and conditions included in the environmental documentation, permits, agreements, or approvals that are in effect at the time that WORK stops, and will keep the PROJECT in environmental compliance until WORK resumes. Penalties, Judgements and Settlements 93. The cost of awards, judgments, or settlements generated by the WORK are to be paid from the funds obligated in this AGREEMENT. 94. The cost of legal challenges to the environmental process or documentation may be paid from the funds obligated in this AGREEMENT. Attachment: I-10 Alabama Cooperative Agreement [Revision 7] (3922 : I-10 Alabama Cooperative Agreement with Caltrans) Packet 17 of 23 Pg. 110

111 Agreement Project No b 95. Any PARTY who action or lack of action causes the levy of fines, interest, or penalties will indemnify and hold all other PARTIES harmless per the terms of this AGREEMENT. Venue GENERAL CONDITIONS 96. PARTIES understand that this AGREEMENT is in accordance with and governed by the Constitution and laws of the State of California. This AGREEMENT will be enforceable in the State of California. Any PARTY initiating legal action arising from this AGREEMENT will file and maintain that legal action in the Superior Court of the county in which the CALTRANS district office that is signatory to this AGREEMENT resides, or in the Superior Court of the county in which the PROJECT is physically located. Exemptions 97. All CALTRANS obligations under this AGREEMENT are subject to the appropriation of resources by the Legislature, the State Budget Act authority, and the allocation of funds by the California Transportation Commission. Indemnification 98. Neither CALTRANS nor any of their officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by SBCTA, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon SBCTA under this AGREEMENT. It is understood and agreed that SBCTA, to the extent permitted by law, will defend, indemnify, and save harmless CALTRANS and all of their officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by SBCTA, its contractors, sub-contractors, and/or its agents under this AGREEMENT. Attachment: I-10 Alabama Cooperative Agreement [Revision 7] (3922 : I-10 Alabama Cooperative Agreement with Caltrans) Packet 18 of 23 Pg. 111

112 Agreement Project No b 99. Neither SBCTA nor any of their officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify, and save harmless SBCTA and all of their officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under this AGREEMENT. Non-parties 100. PARTIES do not intend this AGREEMENT to create a third party beneficiary or define duties, obligations, or rights in PARTIES not signatory to this AGREEMENT. PARTIES do not intend this AGREEMENT to affect their legal liability by imposing any standard of care for fulfilling the WORK different from the standards imposed by law PARTIES will not assign or attempt to assign obligations to PARTIES not signatory to this AGREEMENT without an amendment to this AGREEMENT. Ambiguity and Performance 102. SBCTA will not interpret any ambiguity contained in this AGREEMENT against CALTRANS. SBCTA waives the provisions of California Civil Code section A waiver of a PARTY s performance under this AGREEMENT will not constitute a continuous waiver of any other provision A delay or omission to exercise a right or power due to a default does not negate the use of that right or power in the future when deemed necessary. Defaults 104. If any PARTY defaults in its performance of the WORK, a non-defaulting PARTY will request in writing that the default be remedied within thirty (30) calendar days. If the defaulting PARTY fails to do so, the non-defaulting PARTY may initiate dispute resolution. Attachment: I-10 Alabama Cooperative Agreement [Revision 7] (3922 : I-10 Alabama Cooperative Agreement with Caltrans) Packet 19 of 23 Pg. 112

113 Agreement Project No b Dispute Resolution 105. PARTIES will first attempt to resolve AGREEMENT disputes at the PROJECT team level as described in the Quality Management Plan. If they cannot resolve the dispute themselves, the CALTRANS district director and the executive officer of SBCTA will attempt to negotiate a resolution. If PARTIES do not reach a resolution, PARTIES legal counsel will initiate mediation. PARTIES agree to participate in mediation in good faith and will share equally in its costs. Neither the dispute nor the mediation process relieves PARTIES from full and timely performance of the WORK in accordance with the terms of this AGREEMENT. However, if any PARTY stops fulfilling its obligations, any other PARTY may seek equitable relief to ensure that the WORK continues. Except for equitable relief, no PARTY may file a civil complaint until after mediation, or forty-five (45) calendar days after filing the written mediation request, whichever occurs first. PARTIES will file any civil complaints in the Superior Court of the county in which the CALTRANS district office signatory to this AGREEMENT resides or in the Superior Court of the county in which the PROJECT is physically located PARTIES maintain the ability to pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution. Prevailing Wage 107. When WORK falls within the Labor Code 1720(a)(1) definition of "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code 1771, PARTIES will conform to the provisions of Labor Code , and all applicable provisions of California Code of Regulations found in Title 8, Division 1, Chapter 8, Subchapter 3, Articles 1-7. PARTIES will include prevailing wage requirements in contracts for public work and require contractors to include the same prevailing wage requirements in all subcontracts. Work performed by a PARTY s own employees is exempt from the Labor Code's Prevailing Wage requirements. If WORK is paid for, in whole or part, with federal funds and is of the type of work subject to federal prevailing wage requirements, PARTIES will conform to the provisions of the Davis- Bacon and Related Acts, 40 U.S.C Attachment: I-10 Alabama Cooperative Agreement [Revision 7] (3922 : I-10 Alabama Cooperative Agreement with Caltrans) Packet 20 of 23 Pg. 113

114 Agreement Project No b When applicable, PARTIES will include federal prevailing wage requirements in contracts for public works. WORK performed by a PARTY s employees is exempt from federal prevailing wage requirements. Attachment: I-10 Alabama Cooperative Agreement [Revision 7] (3922 : I-10 Alabama Cooperative Agreement with Caltrans) Packet 21 of 23 Pg. 114

115 Agreement Project No b DEFINITIONS PARTY Any individual signatory party to this AGREEMENT. PARTIES The term that collectively references all of the signatory agencies to this AGREEMENT. WORK BREAKDOWN STRUCTURE (WBS) A WBS is a standardized hierarchical listing of project work activities/products in increasing levels of detail. The CALTRANS WBS defines each PROJECT COMPONENT as a group of work activities/products. The CALTRANS Work Breakdown Structure is defined in the CALTRANS Workplan Standards Guide. Attachment: I-10 Alabama Cooperative Agreement [Revision 7] (3922 : I-10 Alabama Cooperative Agreement with Caltrans) Packet 22 of 23 Pg. 115

116 Agreement Project No b SIGNATURES PARTIES are empowered by California Streets and Highways Code to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT. Signatories may execute this AGREEMENT through individual signature pages provided that each signature is an original. This AGREEMENT is not fully executed until all original signatures are attached. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION John Bulinski District Director VERIFICATION OF FUNDS AND AUTHORITY: Mary Risaliti District Budget Manager SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY Not for signatures at this time Alan D. Wapner Board President ATTEST: Eileen Monaghan Teichert General Counsel APPROVED AS TO FORM AND PROCEDURE: Jeffery Hill Procurement Manager Attachment: I-10 Alabama Cooperative Agreement [Revision 7] (3922 : I-10 Alabama Cooperative Agreement with Caltrans) Packet 23 of 23 Pg. 116

117 AGREEMENT 087.b Project No EA 1H SBD FUNDING SUMMARY NO. 01 FUNDING TABLE v. 112 IMPLEMENTING AGENCY SBCTA SBCTA SBCTA Source Party Fund Type PA&ED PS&E R/W SUPPORT R/W CAPITAL Totals LOCAL SBCTA Local 922, ,000 10,000 26,000 1,420,000 Totals $922,000 $462,000 $10,000 $26,000 $1,420,000 SPENDING SUMMARY PA&ED PS&E R/W SUPPORT R/W CAPITAL Fund Type CALTRANS SBCTA CALTRANS SBCTA CALTRANS SBCTA SBCTA Totals Local 0 922, , ,000 26,000 1,420,000 Totals 0 $922,000 0 $462,000 0 $10,000 $26,000 $1,420,000 v 2221 Attachment: I-10 Alabama Cooperative Agreement [Revision 7] (3922 : I-10 Alabama 1 of 2 Packet Pg. 117

118 7.b FUNDING SUMMARY No. 01 AGREEMENT Project No Funding 1. If there are insufficient funds available in this AGREEMENT to place the PROJECT rightof-way in a safe and operable condition, the appropriate IMPLEMENTING AGENCY will fund these activities until such time as PARTIES amend this AGREEMENT. That IMPLEMENTING AGENCY may request reimbursement for these costs during the amendment process. ICRP Rate 2. The cost of any engineering support performed by CALTRANS includes all direct and applicable indirect costs. CALTRANS calculates indirect costs based solely on the type of funds used to pay support costs. State and federal funds administered by CALTRANS are subject to the current Program Functional Rate. All other funds are subject to the current Program Functional Rate and the current Administration Rate. The Program Functional Rate and Administration Rate are adjusted periodically. Invoicing and Payment 3. PARTIES will invoice for funds where the SPENDING SUMMARY shows that one PARTY provides funds for use by another PARTY. PARTIES will pay invoices within forty-five (45) calendar days of receipt of invoice when not paying with Electronic Funds Transfer (EFT). When paying with EFT, SBCTA will pay invoices within five (5) calendar days of receipt of invoice. 4. If SBCTA has received EFT certification from CALTRANS then SBCTA will use the EFT mechanism and follow all EFT procedures to pay all invoices issued from CALTRANS. Project Approval and Environmental Document (PA&ED) 5. No invoicing or reimbursement will occur for the PA&ED PROJECT COMPONENT. Plans, Specifications, and Estimate (PS&E) 6. No invoicing or reimbursement will occur for the PS&E PROJECT COMPONENT. RIGHT-OF-WAY Support 7. No invoicing or reimbursement will occur for the R/W SUPPORT PROJECT COMPONENT. Attachment: I-10 Alabama Cooperative Agreement [Revision 7] (3922 : I-10 Alabama Cooperative Agreement with Caltrans) Project Development Agreement (Created August 9, 2017) 2 of 3 Packet Pg. 118

119 7.b AGREEMENT Project No RIGHT-OF-WAY Capital 8. No invoicing or reimbursement will occur for the R/W CAPITAL PROJECT COMPONENT. Attachment: I-10 Alabama Cooperative Agreement [Revision 7] (3922 : I-10 Alabama Cooperative Agreement with Caltrans) Project Development Agreement (Created August 9, 2017) 3 of 3 Packet Pg. 119

120 8 Date: October 12, 2017 Minute Action AGENDA ITEM: 8 Subject: Budget Amendment for Interchange Project Advancement Agreements Recommendation: That the following be reviewed and recommended for final approval by the Board of Directors, acting as the San Bernardino County Transportation Authority, at a regularly scheduled Board meeting: Approve a Fiscal Year 2017/2018 budget amendment to increase Task 0550 Allocations/Pass Throughs by $1,100,000 to be funded with Measure I Freeway Interchange Program funds. The budget amendment is necessary to reimburse the public share for additional invoices provided by the City of Rialto for the I-10/Riverside Interchange Project and for additional invoices provided by the City of Yucaipa for the I-10 Live Oak Interchange Project. Background: The Project Advancement Agreement (PAA) process was designed to allow for the reimbursement of Measure I dollars for expenditure on Nexus Study projects that began construction prior to the availability of revenue from the new Measure. It was anticipated that the PAAs for interchange projects would require up to nine years for repayment of all invoices. Construction of the I-10/Riverside Interchange was completed in 2013 and the landscaping/plant establishment phase is scheduled for completion in After a review of the remaining invoices, it was determined that the public share remaining to be reimbursed to the City of Rialto is $1,514, Construction of the I-10/Live Oak Interchange was completed in The City of Yucaipa, after a review of project costs, submitted additional invoices totaling $300, for reimbursement. The current Fiscal Year 2017/2018 budget for Project Advancement-Valley Interchanges has an allocation of $724,174. With the addition of $1,100,000 there will be sufficient funds to pay the remaining invoices, after which the two interchange agreements will be considered paid in full and closed. Financial Impact: This item is not consistent with the Fiscal Year Budget and a budget amendment is required. Reviewed By: This item is not scheduled for review by any other policy committee or technical advisory committee. Entity: San Bernardino County Transportation Authority Packet Pg. 120

121 Board of Directors Metro Valley Study Session Agenda Item October 12, 2017 Page 2 8 Responsible Staff: Ellen Pollema, Management Analyst II Approved Board of Directors Metro Valley Study Session Date: October 12, 2017 Witnessed By: San Bernardino County Transportation Authority Packet Pg. 121

122 BOARD OF DIRECTORS METRO VALLEY STUDY SESSION ATTENDANCE VALLEY BOARD MEMBER ATTENDANCE Name Jan Feb March April May June July Aug Sept Oct Nov Dec Eunice Ulloa City of Chino Ed Graham City of Chino Hills Frank Navarro City of Colton Aquanetta Warren City of Fontana Darcy McNaboe City of Grand Terrace Larry McCallon City of Highland Rhodes Dusty Rigsby City of Loma Linda Paul Eaton City of Montclair Alan Wapner City of Ontario L. Dennis Michael City of Rancho Cucamonga Jon Harrison City of Redlands Deborah Robertson City of Rialto R. Carey Davis City of San Bernardino Debbie Stone City of Upland Dick Riddell City of Yucaipa X* X* X* X* X* X X X X X X* X* X X X X X X X X X X X X X* X* X X X X X X X X X X X X X X X X X X X X X X X X* X X X X X X X X X X X X X X X X X* X* X X* X Communication: Attendance (Additional Information) Packet Pg. 122

123 BOARD OF DIRECTORS METRO VALLEY STUDY SESSION ATTENDANCE 2017 VALLEY BOARD MEMBER ATTENDANCE (Cont.) David Avila City of Yucaipa Curt Hagman Board of Supervisors James Ramos Board of Supervisors X X X X X X X X X X X X X X X Janice Rutherford Board of Supervisors Josie Gonzales Board of Supervisors Bill Jahn City of Big Bear Lake Robert Lovingood Board of Supervisors X X X X X X X X MOUNTAIN/DESERT BOARD MEMBER ATTENDANCE X X X X X X X X X X **The intent of this study session is to consider matters within the Valley Subarea. However, the meeting is open to participation from representatives of the Mountain/Desert Subarea. Absenteeism will only be attributed to those representatives from the Valley Subarea. Communication: Attendance (Additional Information) X = member attended meeting. * = alternate member attended meeting. Empty box = Did not attend meeting Crossed out box = not a Board Member at the time. MVSSatt17 Shaded box = No meeting Packet Pg. 123

124 3/16/17 Acronym List 1 of 2 This list provides information on acronyms commonly used by transportation planning professionals. This information is provided in an effort to assist Board Members and partners as they participate in deliberations at Board meetings. While a complete list of all acronyms which may arise at any given time is not possible, this list attempts to provide the most commonly-used terms. Staff makes every effort to minimize use of acronyms to ensure good communication and understanding of complex transportation processes. AB Assembly Bill ACE Alameda Corridor East ACT Association for Commuter Transportation ADA Americans with Disabilities Act ADT Average Daily Traffic APTA American Public Transportation Association AQMP Air Quality Management Plan ARRA American Recovery and Reinvestment Act ATMIS Advanced Transportation Management Information Systems BAT Barstow Area Transit CALACT California Association for Coordination Transportation CALCOG California Association of Councils of Governments CALSAFE California Committee for Service Authorities for Freeway Emergencies CARB California Air Resources Board CEQA California Environmental Quality Act CMAQ Congestion Mitigation and Air Quality CMIA Corridor Mobility Improvement Account CMP Congestion Management Program CNG Compressed Natural Gas COG Council of Governments CPUC California Public Utilities Commission CSAC California State Association of Counties CTA California Transit Association CTC California Transportation Commission CTC County Transportation Commission CTP Comprehensive Transportation Plan DBE Disadvantaged Business Enterprise DEMO Federal Demonstration Funds DOT Department of Transportation EA Environmental Assessment E&D Elderly and Disabled E&H Elderly and Handicapped EIR Environmental Impact Report (California) EIS Environmental Impact Statement (Federal) EPA Environmental Protection Agency FHWA Federal Highway Administration FSP Freeway Service Patrol FRA Federal Railroad Administration FTA Federal Transit Administration FTIP Federal Transportation Improvement Program GFOA Government Finance Officers Association GIS Geographic Information Systems HOV High-Occupancy Vehicle ICTC Interstate Clean Transportation Corridor IEEP Inland Empire Economic Partnership ISTEA Intermodal Surface Transportation Efficiency Act of 1991 IIP/ITIP Interregional Transportation Improvement Program ITS Intelligent Transportation Systems IVDA Inland Valley Development Agency JARC Job Access Reverse Commute LACMTA Los Angeles County Metropolitan Transportation Authority LNG Liquefied Natural Gas LTF Local Transportation Funds Communication: Acronym List (Additional Information) Packet Pg. 124

125 3/16/17 Acronym List 2 of 2 MAGLEV MARTA MBTA MDAB MDAQMD MOU MPO MSRC NAT NEPA OA OCTA PA&ED PASTACC PDT PNRS PPM PSE PSR PTA PTC PTMISEA RCTC RDA RFP RIP RSTIS RTIP RTP RTPA SB SAFE SAFETEA-LU SCAB SCAG SCAQMD SCRRA SHA SHOPP SOV SRTP STAF STIP STP TAC TCIF TCM TCRP TDA TEA TEA-21 TMC TMEE TSM TSSDRA USFWS VCTC VVTA WRCOG Magnetic Levitation Mountain Area Regional Transportation Authority Morongo Basin Transit Authority Mojave Desert Air Basin Mojave Desert Air Quality Management District Memorandum of Understanding Metropolitan Planning Organization Mobile Source Air Pollution Reduction Review Committee Needles Area Transit National Environmental Policy Act Obligation Authority Orange County Transportation Authority Project Approval and Environmental Document Public and Specialized Transportation Advisory and Coordinating Council Project Development Team Projects of National and Regional Significance Planning, Programming and Monitoring Funds Plans, Specifications and Estimates Project Study Report Public Transportation Account Positive Train Control Public Transportation Modernization, Improvement and Service Enhancement Account Riverside County Transportation Commission Redevelopment Agency Request for Proposal Regional Improvement Program Regionally Significant Transportation Investment Study Regional Transportation Improvement Program Regional Transportation Plan Regional Transportation Planning Agencies Senate Bill Service Authority for Freeway Emergencies Safe Accountable Flexible Efficient Transportation Equity Act A Legacy for Users South Coast Air Basin Southern California Association of Governments South Coast Air Quality Management District Southern California Regional Rail Authority State Highway Account State Highway Operations and Protection Program Single-Occupant Vehicle Short Range Transit Plan State Transit Assistance Funds State Transportation Improvement Program Surface Transportation Program Technical Advisory Committee Trade Corridor Improvement Fund Transportation Control Measure Traffic Congestion Relief Program Transportation Development Act Transportation Enhancement Activities Transportation Equity Act for the 21 st Century Transportation Management Center Traffic Management and Environmental Enhancement Transportation Systems Management Transit System Safety, Security and Disaster Response Account United States Fish and Wildlife Service Ventura County Transportation Commission Victor Valley Transit Authority Western Riverside Council of Governments Communication: Acronym List (Additional Information) Packet Pg. 125

126 San Bernardino Associated Governments MISSION STATEMENT To enhance the quality of life for all residents, San Bernardino Associated Governments (SANBAG) will: - Improve cooperative regional planning - Develop an accessible, efficient, multi-modal transportation system - Strengthen economic development efforts - Exert leadership in creative problem solving To successfully accomplish this mission, SANBAG will foster enhanced relationships among all of its stakeholders while adding to the value of local governments. Communication: Mission Statement (Additional Information) Approved June 2, 1993 Reaffirmed March 6, 1996 mission.doc Packet Pg. 126