HomeMy WebLinkAboutReso 36-2017 (17-378) .ik City of South San Francisco
o P.O. Box 711 (City Hall,
0 400 Grand Avenue)
South San Francisco,CA
City Council
cqL oRr
Resolution: RES 36-2017
File Number: 17-378 Enactment Number: RES 36-2017
RESOLUTION APPROVING A CONSULTING SERVICES
AGREEMENT WITH AECOM OF SAN JOSE, CA FOR THE
PREPARATION OF PROJECT APPROVAL AND ENVIRONMENTAL
DOCUMENT (PA&ED) FOR THE US 101/ PRODUCE AVENUE
INTERCHANGE PROJECT (PROJECT NO. TR1404) IN AN
AMOUNT NOT TO EXCEED $2,999,937.
WHEREAS, on July 7, 2016, City of South San Francisco ("City") staff issued a Request for Proposals
("RFP") for the PA&ED of the US 101/Produce Avenue Interchange Project("Project"); and
WHEREAS, on August 22, 2016, staff received proposals from five(5) firms; and
WHEREAS, after reviewing the proposals and interviewing all five (5) firms, AECOM was ranked
highest based on their project understanding, qualifications and expertise, interview, and experience; and
WHEREAS, staff recommends awarding the consulting services agreement for the Project AECOM of
San Jose, California in an amount not to exceed$2,999,937; and
WHEREAS, funding for the Project is funded from the Transportation Authority's award of$3,000,000
from the Measure A 2015 Highway Program Funding Call - Tier II Projects Fund and a City Match of
$150,000, for a total of$3,150,000; and
WHEREAS,the Project is included in the City of South San Francisco's 2016-2017 Capital Improvement
Program ("CIP").
NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of South San Francisco that the
City Council hereby approves a Consulting Services Agreement with AECOM of San Jose, California,in
an amount not to exceed $2,999,937 for the PA&ED of the US 101/Produce Avenue Interchange Project
conditioned on AECOM's timely execution of the consulting services agreement and submission of all
required documents, including but not limited to, certificates of insurance and endorsements, in
accordance with the Project documents.
BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco authorizes the
Finance Department to establish the Project Budget consistent with the information contained in the staff
report.
City of South San Francisco Page 1
Fite Number: 17-378 Enactment Number: RES 36-2017
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the Consulting
Services Agreement, attached hereto as Exhibit A, on behalf of the City Council of South San Francisco,
subject to approval as to form by the City Attorney.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to make any revisions,
amendments, or modifications, deemed necessary to carry out the intent of this Resolution which do not
materially alter or increase the City's obligations thereunder, subject to approval as to form by the City
Attorney.
At a meeting of the City Council on 4/26/2017, a motion was made by Mark Addiego, seconded by
Richard Garbarino, that this Resolution be approved.The motion passed.
Yes: 5 Vice Mayor Normandy, Councilmember Garbarino, Councilmember
Matsumoto, Mayor Gupta, and Councilmember Addiego
Attest by -
Gabriel Rodriguez
City of South San Francisco Page 2
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CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF SOUTH SAN FRANCISCO AND
AECOM
THIS AGREEMENT for consulting services is made by and between the City of South San
Francisco (“City”) and AECOM (“Consultant”) (together sometimes referred to as the “Parties”) as of April 3,
2017 (the “Effective Date”).
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A, attached hereto
and incorporated herein, at the time and place and in the manner specified therein. In the event of a
conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall
prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall
end on December 31, 2019, the date of completion specified in Exhibit A, and Consultant
shall complete the work described in Exhibit A prior to that date, unless the term of the
Agreement is otherwise terminated or extended, as provided for in Section 8. The time
provided to Consultant to complete the services required by this Agreement shall not affect
the City’s right to terminate the Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged in the geographical area in
which Consultant practices its profession. Consultant shall prepare all work products
required by this Agreement in a substantial, first-class manner and shall conform to the
standards of quality normally observed by a person practicing in Consultant's profession.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Sections 1.1 and 1.2 above and to satisfy Consultant’s obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed Two Million
Nine Hundred Ninety Nine Thousand Nine Hundred Thirty Seven Dollars ($2,999,937), notwithstanding any
contrary indications that may be contained in Consultant’s proposal, for services to be performed and
reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and
Consultant’s proposal, attached as Exhibit A, or Consultant’s compensation schedule attached as Exhibit
B, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for
services rendered pursuant to this Agreement at the time and in the manner set forth herein. The
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payments specified below shall be the only payments from City to Consultant for services rendered
pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein.
Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by
more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant’s estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once per month during
the term of this Agreement, based on the cost for services performed and reimbursable
costs incurred prior to the invoice date. Invoices shall contain the following information:
Serial identifications of progress bills (i.e., Progress Bill No. 1 for the first invoice,
etc.);
The beginning and ending dates of the billing period;
A task summary containing the original contract amount, the amount of prior
billings, the total due this period, the balance available under the Agreement, and
the percentage of completion;
At City’s option, for each work item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person doing
the work, the hours spent by each person, a brief description of the work, and
each reimbursable expense;
The total number of hours of work performed under the Agreement by Consultant
and each employee, agent, and subcontractor of Consultant performing services
hereunder, as well as a separate notice when the total number of hours of work by
Consultant and any individual employee, agent, or subcontractor of Consultant
reaches or exceeds eight hundred (800) hours, which shall include an estimate of
the time necessary to complete the work described in Exhibit A;
The amount and purpose of actual expenditures for which reimbursement is
sought;
The Consultant’s signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have thirty (30) days from the receipt of an invoice that complies with all of the
requirements above to pay Consultant. City shall have no obligation to pay invoices
submitted ninety (90) days past the performance of work or incurrence of cost.
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2.3 Final Payment. City shall pay the last ten percent (10%) of the total sum due pursuant to
this Agreement within sixty (60) days after completion of the services and submittal to City
of a final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto and incorporated
herein as Exhibit B.
2.6 Reimbursable Expenses. The following constitute reimbursable expenses authorized by
this Agreement Exhibit B. Reimbursable expenses shall not exceed $14,000 (included in
Compensation Amount). Expenses not listed above are not chargeable to City.
Reimbursable expenses are included in the total amount of compensation provided under
Section 2 of this Agreement that shall not be exceeded.
2.7 Payment of Taxes, Tax Withholding. Consultant is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal or state taxes.
To be exempt from tax withholding, Consultant must provide City with a valid California
Franchise Tax Board form 590 (“Form 590”), as may be amended and such Form 590
shall be attached hereto and incorporated herein as Exhibit D. Unless Consultant provides
City with a valid Form 590 or other valid, written evidence of an exemption or waiver from
withholding, City may withhold California taxes from payments to Consultant as required
by law. Consultant shall obtain, and maintain on file for three (3) years after the termination
of this Agreement, Form 590s (or other written evidence of exemptions or waivers) from all
subcontractors. Consultant accepts sole responsibility for withholding taxes from any non-
California resident subcontractor and shall submit written documentation of compliance
with Consultant’s withholding duty to City upon request. .
2.8 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets in order to verify costs incurred to that date.
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2.9 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
2.10 Prevailing Wage. Where applicable, the wages to be paid for a day's work to all classes
of laborers, workmen, or mechanics on the work contemplated by this Agreement, shall be
not less than the prevailing rate for a day’s work in the same trade or occupation in the
locality within the state where the work hereby contemplates to be performed as
determined by the Director of Industrial Relations pursuant to the Director’s authority under
Labor Code Section 1770, et seq. Each laborer, worker or mechanic employed by
Consultant or by any subcontractor shall receive the wages herein provided for. The
Consultant shall pay two hundred dollars ($200), or whatever amount may be set by Labor
Code Section 1775, as may be amended, per day penalty for each worker paid less than
prevailing rate of per diem wages. The difference between the prevailing rate of per diem
wages and the wage paid to each worker shall be paid by the Consultant to each worker.
An error on the part of an awarding body does not relieve the Consultant from
responsibility for payment of the prevailing rate of per diem wages and penalties pursuant
to Labor Code Sections 1770 1775. The City will not recognize any claim for additional
compensation because of the payment by the Consultant for any wage rate in excess of
prevailing wage rate set forth. The possibility of wage increases is one of the elements to
be considered by the Consultant.
a. Posting of Schedule of Prevailing Wage Rates and Deductions. If the schedule of
prevailing wage rates is not attached hereto pursuant to Labor Code Section 1773.2, the
Consultant shall post at appropriate conspicuous points at the site of the project a
schedule showing all determined prevailing wage rates for the various classes of laborers
and mechanics to be engaged in work on the project under this contract and all
deductions, if any, required by law to be made from unpaid wages actually earned by the
laborers and mechanics so engaged.
b. Payroll Records. Each Consultant and subcontractor shall keep an accurate
payroll record, showing the name, address, social security number, work week, and the
actual per diem wages paid to each journeyman, apprentice, worker, or other employee
employed by the Consultant in connection with the public work. Such records shall be
certified and submitted weekly as required by Labor Code Section 1776.”
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and
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the information in possession of the City. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and
amounts of insurance listed below against claims for injuries to persons or damages to property that may
arise from or in connection with the performance of the work hereunder by the Consultant and its agents,
representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall
provide Certificates of Insurance, attached hereto and incorporated herein as Exhibit C, indicating that
Consultant has obtained or currently maintains insurance that meets the requirements of this section and
under forms of insurance satisfactory, in all respects, to the City. Consultant shall maintain the insurance
policies required by this section throughout the term of this Agreement. The cost of such insurance shall be
included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any
subcontract until Consultant has obtained all insurance required herein for the subcontractor(s).
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any
and all persons employed directly or indirectly by Consultant. The Statutory Workers’
Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of
not less than ONE MILLION DOLLARS ($1,000,000) per accident. In the alternative,
Consultant may rely on a self-insurance program to meet those requirements, but only if
the program of self-insurance complies fully with the provisions of the California Labor
Code. Determination of whether a self-insurance program meets the standards of the
Labor Code shall be solely in the discretion of the Contract Administrator (as defined in
Section 10.9). The insurer, if insurance is provided, or the Consultant, if a program of self-
insurance is provided, shall waive all rights of subrogation against the City and its officers,
officials, employees, and volunteers for loss arising from work performed under this
Agreement.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this
Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00)
per occurrence, combined single limit coverage for risks associated with the work
contemplated by this Agreement. If a Commercial General Liability Insurance or an
Automobile Liability form or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be
performed under this Agreement or the general aggregate limit shall be at least
twice the required occurrence limit. Such coverage shall include but shall not be
limited to, protection against claims arising from bodily and personal injury,
including death resulting there from, and damage to property resulting from
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activities contemplated under this Agreement, including the use of owned and non-
owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 or GL 0002 (most recent editions) covering comprehensive General
Liability and Insurance Services Office form number GL 0404 covering Broad
Form Comprehensive General Liability. Automobile coverage shall be at least as
broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90)
Code 8 and 9. No endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the policy
shall not affect coverage provided to City and its officers, employees,
agents, and volunteers.
4.3 Professional Liability Insurance.
4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain
for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount
not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed
professionals’ errors and omissions. Any deductible or self-insured retention shall
not exceed ONE HUNDRED FIFTY THOUSAND DOLLARS $150,000 per claim.
4.3.2 Claims-made limitations. The following provisions shall apply if the professional
liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the Agreement or
the work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant must provide extended reporting coverage for
a minimum of five (5) years after completion of the Agreement or the work.
The City shall have the right to exercise, at the Consultant’s sole cost and
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expense, any extended reporting provisions of the policy, if the Consultant
cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City
prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement,
Consultant shall furnish City with complete copies of all policies delivered to
Consultant by the insurer, including complete copies of all endorsements attached
to those policies. All copies of policies and certified endorsements shall show the
signature of a person authorized by that insurer to bind coverage on its behalf. If
the City does not receive the required insurance documents prior to the Consultant
beginning work, it shall not waive the Consultant’s obligation to provide them. The
City reserves the right to require complete copies of all required insurance policies
at any time.
4.4.3 Notice of Reduction in or Cancellation of Coverage. A certified endorsement
shall be attached to all insurance obtained pursuant to this Agreement stating that
coverage shall not be suspended, voided, canceled by either party, or reduced in
coverage or in limits, except after thirty (30) days' prior written notice by certified
mail, return receipt requested, has been given to the City. In the event that any
coverage required by this section is reduced, limited, cancelled, or materially
affected in any other manner, Consultant shall provide written notice to City at
Consultant’s earliest possible opportunity and in no case later than ten (10)
working days after Consultant is notified of the change in coverage.
4.4.4 Additional insured; primary insurance. City and its officers, employees, agents,
and volunteers shall be covered as additional insureds with respect to each of the
following: liability arising out of activities performed by or on behalf of Consultant,
including the insured’s general supervision of Consultant; products and completed
operations of Consultant, as applicable; premises owned, occupied, or used by
Consultant; and automobiles owned, leased, or used by the Consultant in the
course of providing services pursuant to this Agreement. The coverage shall
contain no special limitations on the scope of protection afforded to City or its
officers, employees, agents, or volunteers.
A certified endorsement must be attached to all policies stating that coverage is
primary insurance with respect to the City and its officers, officials, employees and
volunteers, and that no insurance or self-insurance maintained by the City shall be
called upon to contribute to a loss under the coverage.
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4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and
obtain the approval of City for the self-insured retentions and deductibles before
beginning any of the services or work called for by any term of this Agreement.
Further, if the Consultant’s insurance policy includes a self-insured retention that
must be paid by a named insured as a precondition of the insurer’s liability, or
which has the effect of providing that payments of the self-insured retention by
others, including additional insureds or insurers do not serve to satisfy the self-
insured retention, such provisions must be modified by special endorsement so as
to not apply to the additional insured coverage required by this agreement so as to
not prevent any of the parties to this agreement from satisfying or paying the self-
insured retention required to be paid as a precondition to the insurer’s liability.
Additionally, the certificates of insurance must note whether the policy does or
does not include any self-insured retention and also must disclose the deductible.
During the period covered by this Agreement, only upon the prior express written
authorization of Contract Administrator, Consultant may increase such deductibles
or self-insured retentions with respect to City, its officers, employees, agents, and
volunteers. The Contract Administrator may condition approval of an increase in
deductible or self-insured retention levels with a requirement that Consultant
procure a bond, guaranteeing payment of losses and related investigations, claim
administration, and defense expenses that is satisfactory in all respects to each of
them.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4.7 Wasting Policy. No insurance policy required by Section 4 shall include a
“wasting” policy limit.
4.4.8 Variation. The City may approve a variation in the foregoing insurance
requirements, upon a determination that the coverage, scope, limits, and forms of
such insurance are either not commercially available, or that the City’s interests
are otherwise fully protected.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
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b. Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
c. Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. To the fullest extent
permitted by law, Consultant shall indemnify, defend with counsel selected by the City, and hold harmless
the City and its officials, officers, employees, agents, and volunteers from and against any and all losses,
liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily
injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or
ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions
of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly
liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply
when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the gross
negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the
actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury,
loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify
and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.
Acceptance by City of insurance certificates and endorsements required under this Agreement does not
relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification
and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance
policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges
and agrees to the provisions of this Section and that it is a material element of consideration.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. City shall have the
right to control Consultant only insofar as the results of Consultant's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant
and any of its employees, agents, and subcontractors providing services under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any and
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all claims to, any compensation, benefit, or any incident of employment by City, including
but not limited to eligibility to enroll in the California Public Employees Retirement System
(PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent or to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals, including from City, of what-so-ever nature that are legally required to
practice their respective professions. Consultant represents and warrants to City that
Consultant and its employees, agents, any subcontractors shall, at their sole cost and
expense, keep in effect at all times during the term of this Agreement any licenses,
permits, and approvals that are legally required to practice their respective professions. In
addition to the foregoing, Consultant and any subcontractors shall obtain and maintain
during the term of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person’s race, religion, color, national origin, age, physical or mental handicap or
disability, medical condition, marital status, sex, or sexual orientation, against any
employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
in, recipient of, or applicant for any services or programs provided by Consultant under this
Agreement. Consultant shall comply with all applicable federal, state, and local laws,
policies, rules, and requirements related to equal opportunity and nondiscrimination in
employment, contracting, and the provision of any services that are the subject of this
Agreement, including but not limited to the satisfaction of any positive obligations required
of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
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Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
Consultant may cancel this Agreement for cause upon 30 days’ written notice to City and
shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services
performed to the date of notice of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City all materials described in Section
9.1.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant’s unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not assign or subcontract any
portion of the performance contemplated and provided for herein, other than to the
subcontractors noted in the proposal, without prior written approval of the Contract
Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, City’s remedies shall include, but not be limited to, the following:
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8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
parties unless required by law.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of three (3) years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the
Agreement shall be subject to the examination and audit of the State Auditor, at the
request of City or as part of any audit of the City, for a period of three (3) years after final
payment under the Agreement.
9.4 Records Submitted in Response to an Invitation to Bid or Request for Proposals. All
responses to a Request for Proposals (RFP) or invitation to bid issued by the City become
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the exclusive property of the City. At such time as the City selects a bid, all proposals
received become a matter of public record, and shall be regarded as public records, with
the exception of those elements in each proposal that are defined by Consultant and
plainly marked as “Confidential,” "Business Secret" or “Trade Secret."
The City shall not be liable or in any way responsible for the disclosure of any such
proposal or portions thereof, if Consultant has not plainly marked it as a "Trade Secret" or
"Business Secret," or if disclosure is required under the Public Records Act.
Although the California Public Records Act recognizes that certain confidential trade secret
information may be protected from disclosure, the City may not be in a position to establish
that the information that a prospective bidder submits is a trade secret. If a request is
made for information marked "Trade Secret" or "Business Secret," and the requester takes
legal action seeking release of the materials it believes does not constitute trade secret
information, by submitting a proposal, Consultant agrees to indemnify, defend and hold
harmless the City, its agents and employees, from any judgment, fines, penalties, and
award of attorneys fees awarded against the City in favor of the party requesting the
information, and any and all costs connected with that defense. This obligation to
indemnify survives the City's award of the contract. Consultant agrees that this
indemnification survives as long as the trade secret information is in the City's possession,
which includes a minimum retention period for such documents.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including arbitration or an
action for declaratory relief, to enforce or interpret the provision of this Agreement, the
prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief
to which that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County San Mateo or in the United States District Court for
the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
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10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12)
months, an employee, agent, appointee, or official of the City. If Consultant was an
employee, agent, appointee, or official of the City in the previous twelve (12) months,
Consultant warrants that it did not participate in any manner in the forming of this
Agreement. Consultant understands that, if this Agreement is made in violation of
Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of Government Code § 1090 and, if
applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by Sam Bautista
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
10.10 Notices. All notices and other communications which are required or may be given under
this Agreement shall be in writing and shall be deemed to have been duly given (i) when
received if personally delivered; (ii) when received if transmitted by telecopy, if received
during normal business hours on a business day (or if not, the next business day after
delivery) provided that such facsimile is legible and that at the time such facsimile is sent
the sending Party receives written confirmation of receipt; (iii) if sent for next day delivery
to a domestic address by recognized overnight delivery service (e.g., Federal Express);
and (iv) upon receipt, if sent by certified or registered mail, return receipt requested. In
each case notice shall be sent to the respective Parties as follows:
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Consultant
AECOM
100 W. San Fernando St, Suite 200,
San Jose, CA 95113
City:
City Clerk
City of South San Francisco
400 Grand Avenue
South San Francisco, CA 94080
10.11 Professional Seal. Where applicable in the determination of the contract administrator,
the first page of a technical report, first page of design specifications, and each page of
construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the report/design preparation. The stamp/seal shall be in a block entitled
"Seal and Signature of Registered Professional with report/design responsibility," as in the
following example.
Seal and Signature of Registered Professional with
report/design responsibility.
10.12 Integration. This Agreement, including all Exhibits attached hereto, and incorporated
herein, represents the entire and integrated agreement between City and Consultant and
supersedes all prior negotiations, representations, or agreements, either written or oral
pertaining to the matters herein.
10.13 Counterparts. This Agreement may be executed in counterparts and/or by facsimile or
other electronic means, and when each Party has signed and delivered at least one such
counterpart, each counterpart shall be deemed an original, and, when taken together with
other signed counterpart, shall constitute one Agreement, which shall be binding upon and
effective as to all Parties..
10.14 Construction. The headings in this Agreement are for the purpose of reference only and
shall not limit or otherwise affect any of the terms of this Agreement. The parties have had
an equal opportunity to participate in the drafting of this Agreement; therefore any
construction as against the drafting party shall not apply to this Agreement.
The Parties have executed this Agreement as of the Effective Date.
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CITY OF SOUTH SAN FRANCISCO Consultants
____________________________ _____________________________________
Mike Futrell, City Manager Ramsey Hissen, Vice President
Attest:
_____________________________
City Clerk
Approved as to Form:
____________________________
City Attorney
2729962.1
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SCOPE OF SERVICES
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US 101/ PRODUCE AVENUE INTERCHANGE PROJECT
PROJECT APPROVAL AND ENVIRONMENTAL DOCUMENT
DRAFT SCOPE OF WORK
Prepared for
CITY OF SOUTH SAN FRANCISCO
Prepared by
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2.1.1.1 EXHIBIT A
SCOPE OF SERVICES
This scope of services is specifically based to provide the City of South San Francisco
(CITY) with Project Approval, and Environmental Clearance Services (PA/ED) for the
construction of the US 101/Produce Avenue Interchange (Project) in the City of San
Francisco, located in San Mateo County. The project will enhance safety, traffic
operations, improve bike and pedestrian facilities, and accommodate future planned
growth in the area.
The Project Study Report – Project Development Support (PSR – PDS), approved on
August 31, 2015 will serve as the starting point for PA&ED services. The next step of the
project development process will involve preliminary engineering and complete
environmental documentation. All design work will conform to Caltrans standards,
guidelines, manuals and policies in effect as of the date of the Notice to Proceed for the
contract. All work will conform to applicable federal, state, and local codes and other
regulatory requirements.
This document describes CONSULTANT's Scope of Work, Milestone Schedule,
Deliverables, and Assumptions. The scope of services is divided into 10 major tasks
described as follows:
Task 1: Project Management
Task 2: Traffic Studies
Task 3: Preliminary Engineering
Task 4: Environmental Technical Studies
Task 5: Engineering Technical Studies
Task 6: Environmental Document
Task 7: Project Report
Task 8: Assess Utility Impact
Task 9: Right of Way Services
Task 10: Community Outreach
A detailed description of the subtasks and deliverables is described as follows:
TASK 1: PROJECT MANAGEMENT
CONSULTANT will provide project management for each task for the entire duration of
the Agreement schedule. Prior to start of any work, CONSULTANT will interface with
Caltrans staff to assure format consistency of all deliverables. CONSULTANT will not
perform any extra work without prior written authorization from the CITY. If changes in
scope are identified during the course of the project, CONSULTANT will seek client
approval before performing any additional work. A “Notification Form” would be
prepared and submitted to CITY that describes the change in scope, justification for the
change, and cost and schedule impacts. Any potential increases to the scope of the
proposed improvements (e.g. as a result of changes in standards and requests from
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Caltrans or other agencies) will be reported to CITY and any changes to the project scope
will not be made without CITY approval. CONSULTANT will also record approved
scope changes for future reference and report cost trends on a regular basis to CITY.
Management activities will consist of administration, coordination, attending meetings
and quality control as stated in the following:
Subtask 1.1 Project Administration
Project administration, supervise, coordinate and monitor activities for conformance with
Caltrans standards and policies.
Subtask 1.2 Project Schedule
Prepare a detailed Critical Path Method (CPM) schedule using Microsoft Project after
Notice to Proceed for the project. Update the schedule on a monthly basis. Also, prepare,
update, and submit a Three-Week Horizon Schedule at the regular design coordination
meetings (PDT Meetings).
Subtask 1.3 Project Coordination
CONSULTANT will maintain close communication with City's Project
Manager, Sam Bautista by personal contact, telephone, email, and meetings.
Close coordination with Caltrans and other project stakeholders will also be critical
throughout the project.
Subtask 1.4 PDT Meetings
Prepare for and attend meetings such as:
Project Development Team (PDT) meetings with CITY, Caltrans, and stakeholders
will address and resolve project issues. CONSULTANT will manage each PDT
meeting, prepare the agendas for distribution 1 week before the meeting is held, and
distribute meeting minutes within 7 working days after the meeting. CONSULTANT
assumes 21 PDT meetings will be needed.
Subtask 1.5 Technical Meetings
Following Notice To Proceed, CONSULTANT will conduct a Project Kick-Off meeting
with CITY and project stakeholders. Project scope, team organization, communication
procedures, design schedule, critical activities, design data needs and project deliverables
will be discussed.
Prepare for and attend meetings such as:
Work-Shop meetings with CITY, Caltrans and other agencies to resolve technical
issues
Agency presentations (up to 10 presentations estimated)
Subtask 1.6 Invoices/Progress Reports
Prepare and submit monthly invoices with progress reports that include earned value
reports.
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Subtask 1.7 Risk Management
CONSULTANT will prepare and maintain a risk register that identifies potential risks to
the project schedule. This process is valued by Caltrans, and enhances team coordination
and discussion of critical path items.
Subtask 1.8 Quality Management Plan (QMP)
The QMP will be used to track document reviews and demonstrate that quality reviews
and corrective actions are being performed for all deliverables. The QMP will apply to all
subcontractors as well as CONSULTANT tasks.
Subtask 1.9 Project Files
Maintain Project files and provide a customized Caltrans file list to CITY.
TASK 2: TRAFFIC FORECAST AND OPERATIONAL ANALYSIS
CONSULTANT will analyze up to 18 intersections in the project study area, to be
confirmed with the PDT. In addition, the traffic analysis will evaluate the following
freeway mainline segments:
1. US 101 mainline from I-380 interchange to Produce Avenue interchange
2. US 101 mainline from Produce Avenue interchange to E. Grand Avenue
interchange
CONSULTANT will use the following to conduct the forecast and operation work:
1. VTA-C/CAG Travel Demand Model that has been already using for SM US 101
Managed Lane Project. Work closely with CITY in checking surrounding approved
lane use in the travel demand model.
2. FREQ software will be used for freeway mainline analysis.
3. Synchro/Sim-Traffic software will be used for local street and ramp terminus
i ntersections.
Subtask 2.1 Existing Conditions. CONSULTANT will prepare traffic methodology
memorandums based on the following:
Task 1: Deliverables
Detailed CPM design schedule
Three-Week Horizon Schedule
Detailed project budget
Meeting minutes and meeting packages
Invoices and Progress Reports
Risk Management Plan
Quality Management Plan
Customized Caltrans file list
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2.1.1 Study Approach and Methodology. CONSULTANT will confirm the traffic
operational analysis and forecasting methodology components, including the data
collection plan; horizon years 2025 and 2045; future year baseline network assumptions;
analysis network and boundaries for operational analysis modeling; forecast modeling
tool; analysis methodology/tools for freeway mainline; operational model
calibration/validation requirements; and measures of effectiveness (MOEs).
2.1.2 Data Collection. CONSULTANT will contact CITY, County and Caltrans to obtain
the most current mainline and intersection data within the project study area. If the data is
more than two (2) years old, CONSULTANT will collect new data through a third party
vendor. The existing intersection 2-hour periods data collection would be (AM 7:00-
9:00; PM 4:00-6:00). The data will cover vehicles, bicyclists, and pedestrians (as
appropriate). Lane configurations, posted speed limits, and queues on the key facilities
will be observed. Existing and proposed pedestrian/bicycle facilities and transit service
will be noted. Freeway mainline traffic volumes and speed data will be obtained from the
Caltrans Census or PeMS database. The mainline data would cover AM 6:00-10:00; PM
3:00-7:00. Three years of collision history will be requested from Caltrans. The VTA-
C/CAG model data will be used to establish current freeway, ramp and intersection
volumes; validate the traffic forecasting model; and calibrate the traffic operations tools.
2.1.3 Existing Data Processing. CONSULTANT will compile the intersection and
mainline data to evaluate the collected data for existing conditions.
2.1.4 Existing Conditions Analysis. CONSULTANT will develop 4 hour FREQ model
for the mainline and one hour Synchro/Sim-Traffic model for the local intersection
operations. These models will be used to deliver the Traffic Operation Analysis Report
(TOAR).
CONSULTANT will prepare the existing conditions technical analysis, including
building and executing a.m. and p.m. peak period FREQ models for US 101 from I-380
interchange to Grand Avenue interchange, and Synchro/Sim-Traffic intersection models
for ramp terminus intersections and study intersections around the project study influence
area. These models will be calibrated and validated to existing traffic conditions within
local and Caltrans-accepted tolerances for traffic operations models. Existing pedestrian,
bicycle, and transit facilities will be qualitatively assessed and incorporated, as
appropriate, into the operations models. Also, recent mainline, ramp, and local street
collision data will be reviewed and summarized.
2.1.5 Existing Conditions Memo CONSULTANT will prepare an Administrative Draft
Existing Conditions Memorandum that documents the analysis described in Task 2.1.4.
The draft document will be submitted to CITY and PDT for review and comment prior
to being widely circulated to all the Caltrans functional units.
CONSULTANT will review comments on the Administrative Draft memorandum and
submit a Draft Existing Conditions memorandum to Caltrans for review and comment.
CONSULTANT will prepare a response to the Caltrans comments and update the
existing conditions memorandum. The information contained in this document will be
included in the Traffic Operations Analysis Report.
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Subtask 2.2 Traffic Forecasts – For scoping and costing purposes, CONSULTANT
will use the most current available travel demand model from VTA-C/CAG to establish
traffic forecasts.
2.2.1 Traffic Forecasting Development. CONSULTANT will check the existing and
future network coding in the proximity of the project. In future, team recognizes the local
traffic circulation changes due to new east-west connection of Utah Avenue to the San Mateo
Avenue and southbound off ramp improvements. This may reduce the traffic impact on
Produce Avenue and provide better connectivity between east-west traffic.
2.2.2 Check Validation of Base Year Model in Study Area. CONSULTANT/KAI will
perform a supplemental model recalibration and subarea validation using the existing
data collected for this project to ensure confidence in the model’s results within the study
area. Validation checks and model refinements will be made for the base year a.m. and
p.m. peak periods. The subarea validation will comply with Caltrans standards.
2.2.3 Prepare Design Year Model Inputs. Available model road network will be
reviewed to ensure that it accurately reflects the expected road system in the design year
and the model land use will be confirmed with the C/CAG and CITY of South San
Francisco. Any changes to network or land use will be coordinated with C/CAG staff
and Caltrans before proceeding.
2.2.4 Develop Design Year Traffic Forecasts. CONSULTANT will run the VTA-
C/CAG model to establish traffic demand estimates for the design year. CONSULTANT
will calculate the growth in link volumes projected by the model between the base year
and the design year, and add that growth to the existing volumes to determine design
year volumes for the a.m. and p.m. peak periods and balance the volumes as appropriate.
The resulting volumes will represent the No Build Alternative. The model will then be
modified to reflect the project and rerun to establish Build Alternative forecasts. The
overall traffic demand in the study area under the Build Alternative is anticipated to be
consistent across all build alternatives.
2.2.5 Develop Opening Year Forecasts. CONSULTANT will develop opening-year
traffic volume forecasts for the a.m. and p.m. peak periods by applying linear
interpolation between the existing volumes and the design-year forecasts.
2.2.6 Traffic Forecasting Documentation. An Existing Conditions Model Validation
Technical Memorandum will document the existing travel demand model, its calibration
to existing traffic levels, and any model changes necessary to reach validation targets set
by Caltrans. A Design and Opening Year Forecasts Technical Memorandum will
document the land use and network assumptions from the forecasting model and the
resulting design and opening-year forecasts. Review comments may result in the need to
modify some of the model inputs or assumptions and before making any changes. Once
comments and necessary changes have been identified, CONSULTANT will re-run the
models and finalize the memorandums.
Subtask 2.3 Future Traffic Operations Analysis. For both the opening year and design
year, the FREQ and Synchro models will be used to develop the expected future
conditions, including the forecasted future traffic volumes and anticipated capital
improvements. The models will be used to evaluate the LOS, average delay, queuing,
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speed, and density characteristics during the a.m. and p.m. peak periods under the No
Build and up to two build alternatives. A qualitative assessment of pedestrian, bicycle,
and transit facilities will be performed to determine if the proposed build alternatives
would hinder or eliminate existing or proposed bikeways, result in unsafe conditions for
bicyclists or pedestrians, or cause a substantial delay in transit service. A qualitative
assessment of how each build alternative would influence collisions within the study
area will also be performed.
Subtask 2.4 Traffic Data for Environmental Technical Studies. CONSULTANT will
work with environmental and PDT to provide input into the purpose and need statement
along with vehicle traffic forecasts, classifications, speeds, and vehicle miles traveled
(VMT) estimates for the air quality and noise analyses. Existing and future VMT will
be key in determining traffic impacts under upcoming CEQA changes.
Subtask 2.5 Intersection Control Evaluation. CONSULTANT will prepare and
evaluate alternatives which meet the Caltrans ICE policy, and include the finding in a
memorandum.
Subtask 2.6 Traffic Operations Analysis Report. A draft and final TOAR will be
completed for the No Build Alternative and up to two build alternatives.
2.6.1 - Existing Conditions
The traffic operations analysis report will incorporate the analyses documented in the
existing conditions memorandum. This will include the freeway mainline and ramp
analysis, arterial intersection analysis, isolated intersection analysis, intersection
queuing, and crash data analysis.
2.6.2 - Construction Year Conditions
CONSULTANT will include No Build and 2 preferred alternatives in the construction
year analysis. CONSULTANT will analyze the AM and PM peak hour traffic
construction year conditions for all the intersection study locations. The measures of
effectiveness evaluated for the isolated intersection will include average vehicle delay,
level of services and queuing for the isolated intersections.
2.6.3 - Design Year Conditions
CONSULTANT will include No Build and preferred alternative. CONSULTANT will
include No Build and 2 preferred alternatives in the construction year analysis.
CONSULTANT will analyze the AM and PM peak hour traffic design year conditions
for the 13 intersection study locations. The measures of effectiveness evaluated for the
isolated intersections will include average vehicle delay, level of services and queuing.
2.6.4 - Administrative Draft TOAR
CONSULTANT will prepare an administrative draft TOAR that documents the analyses
described above. The administrative draft will be submitted to CITY and PDT for
review and comment prior to circulation of the report to Caltrans functional units.
2.6.5 - Draft TOAR
CONSULTANT will finalize the draft TOAR and submit to CITY and Caltrans for
review and comment. Once comments are received from Caltrans, CONSULTANT will
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review the comments and prepare initial responses. CONSULTANT will meet with
Caltrans Functional Units to review their comments, describe the responses to address
the comments, and resolve any outstanding technical questions on the analysis.
2.6.6 - Final TOAR
CONSULTANT will finalize the TOAR, incorporating any necessary changes based on
Caltrans comments, and submit for approval.
TASK 3: PRELIMINARY ENGINEERING
Subtask 3.1 Data Collection and Review. The CONSULTANT already has volumes of
existing data for the project area through previous studies of the project and current work
on adjacent projects. CONSULTANT will coordinate with CITY, Caltrans, and other
affected agencies to identify and collect additional data such as as-built plans, details of
planned development projects affecting the project area, related technical reports, R/W
and easement records, existing utility information, and data developed for completed
projects and studies within the project corridor. The CONSULTANT will prepare a
detailed Data Collection Log to memorialize metadata on the collection.
Subtask 3.2 Project Implementation Plan
Early coordination and discussions with Caltrans are imperative to reach consensus on
the appropriate level of documentation that will be needed to complete PA&ED. This
includes reaching a clear understanding and agreement on the following:
Limits of the project and study area
Traffic study limits and assumptions
Environmental document type
Environmental technical studies
Review cycles and durations
After reaching a common understanding with Caltrans, CONSULTANT will document
the project’s scope and will link it to a CPM schedule that accounts for all activities and
reviews needed to deliver PA&ED.
A narrative summarizing the agreements with Caltrans along with the scope of work and
CPM schedule will be submitted to CITY for review. All comments will be addressed,
and a final document distributed to the PDT.
Task 2: Deliverables
Traffic Methodology and Assumptions
Existing Conditions Memorandum
Travel Demand Forecasting Model Validation
Procedure and Results
Traffic Forecasts
Initial Project Alternative Screening Analysis
Traffic Operations Analysis Report (TOAR)
Intersection Control Evaluation Memorandum
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Subtask 3.3 Mapping
CONSULTANT has already had base mapping for the project area from the US101/S.
Airport Boulevard Improvement Project and proposes to use the existing mapping for
PA&ED works. CONSULTANT will perform the ground survey and merge the
supplemental features into the mapping. CONSULTANT will include right-of-way lines,
existing horizontal control, utility, and drainage facilities on the base mapping using
available record data.
Subtask 3.4 Initial Alternative Screening
3.4.1 Develop Criteria to be Used to Identify a Reasonable Range of Alternatives –
Upon concurrence on the Purpose & need of the project by the PDT, CONSULTANT
will develop criteria with CITY and Caltrans to identify a reasonable range of
alternatives. These criteria will include environmental impacts, right-of-way impacts,
design, level of service, safety, phase-ability, potential to capture funding, etc.
3.4.2 Propose Range of Alternatives and Evaluate Alternatives – CONSULTANT will
work with CITY and Caltrans to identify a reasonable range of alternatives. Each
alternative will be described, including how it meets the purpose and need for the project,
and compared in terms of engineering feasibility, right-of-way and environmental
impacts. As much as feasible, quantifiable measurements will be used.
3.4.3 Select Alternatives to be Carried into the Environmental Document – Based on
the results of Tasks 3.4.1 thru 3.4.2, a final memorandum will be prepared defining the
selected alternative(s). The approach is to limit a maximum of two alternatives to be
studied in detail in the technical reports and environmental document.
Subtask 3.5 Update Alternatives.
In parallel with traffic forecast and operations analysis, CONSULTANT will refine the
alternatives in the PSR-PDS and develop new alternatives if necessary. Under this task
the alternatives will be refined to determine viable project components. This phase of the
design is the most critical phase as it establishes the major features of the project and the
development of engineering reports and criteria for final design. Preliminary engineering
will establish right-of-way needs, confirm alignment and geometrics (which may produce
different environmental impacts to the project) and develop a utility envelope.
Subtask 3.6 Nonstandard Geometric Features. The geometrics of the existing facility
and proposed alternatives will be checked for non-standard features. Geometric
refinements will be investigated to assess if any non-standard features can be eliminated.
A list of mandatory and advisory design exceptions will be identified and coordinated
with the Caltrans HQ geometrician and District 4 staff. Once preliminary concurrence on
the project geometrics is reached, Fact Sheets will be drafted and submitted to the
Caltrans HQ geometrician and District 4 staff for review and comment. CONSULTANT
will address comments and submit final Fact Sheets for Caltrans approval prior to
submittal of the Draft Project Report. Traffic and accident analysis, physical constraints,
cost, access control, and environmental impacts will be critical factors in justifying the
design.
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Subtask 3.7 Preliminary Engineering Drawings. CONSULTANT will expand and
develop the ultimate build alternative and provide layout sheets, typical sections, R/W
lines and requirements, striping plans, retaining wall layouts, existing and proposed
utility relocation plans, stage construction plans, drainage plans, and
profile/superelevation plans. CONSULTANT will provide the preliminary plans in
sufficient detail to be considered 30% plans set quality.
Subtask 3.8 Phased Implementation Plan. CONSULTANT will develop the phased
implementation plan for the alternatives. Cost estimate will be developed for each phase.
A memorandum will be prepared discussing the phasing plan, the benefits each phase
would provide and threshold timeline for the phasing.
Subtask 3.9 Preliminary Cost Estimate. Planning-level cost estimates will be
developed for up to two refined alternatives, using new Caltrans 11- page PA&ED level
cost estimate format.
Subtask 3.10 Value Engineering. CONSULTANT will assist CITY in conducting a
value engineering analysis in support of the PA&ED phase and in complying with the
requirements of the Caltrans Project Development Procedures Manual requirements.
Value Engineering is typically required where the project costs are expected to be $50
million or more. The finding of the value engineering analysis will be documented in the
Value Analysis report (by others).
Task 4: Environmental Studies
This scope of work describes preparation of an environmental document and supporting
studies under the direction and review of CITY and Caltrans.
Subtask 4.1 Environmental Scoping. This task will involve establishing the study areas
and confirming the necessary studies with CITY and Caltrans staff. Field reconnaissance
will be conducted for selected studies, such as cultural resources, visual, and community
impacts to review the conditions and extent and intensity of the studies. The findings will
be summarized in an Environmental Scoping Memorandum.
A scoping meeting would be performed at a time that would provide preliminary
information to the public, as to gain meaningful information on the viable alternatives
that are being considered for full environmental evaluation. This meeting would be
Task 3: Deliverables
Base Mapping
Initial Alternative Screening Memo
Preliminary Design Drawings
Phased Implementation Memorandum
Design Exception Fact Sheets
Preliminary 11 page format Cost Estimate
Value Analysis Report
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planned under this task, and logistically conducted under the public outreach tasks
defined in Section 10.
Subtask 4.2 Purpose and Need/Project Description. The purpose and need from the
PSR-PDS and the PEAR reports will be revisited for any needed updates. It will also be
expanded based on the results of the traffic studies, and will include current accident
information. The project description will be developed for each the alternative that will
be advanced into the Project Study Report and Environmental Document, and include the
required topics for independent utility and logical termini, utilities, construction staging,
and estimated cost and schedule for the project. CONSULTANT staff are very aware that
this project needs to provide enhanced bike and pedestrian facilities for South San
Francisco across US 101, and these proposed facilities will be defined and highlighted.
This task will result in a draft purpose and need section, and a project description with
supporting figures and illustrations.
Subtask 4.3 Cultural Resources. Cultural resources will address both the built
environment and archaeological resources (including potential disturbance of unknown
buried archaeological resources). The Colma Canal, which was constructed in the first
half of the 20th century, is present at the north end of the project area. The Golden Gate
Produce Terminal, located off Terminal Court, is present on the west side of the project
area. This wholesale produce market was constructed sometime between 1956 and 1968.
Both of these historic-era resources will need to be evaluated for significance with
respect to the National Register of Historic Places for their role in local development.
Evaluation of these resources and other structures in the project area that were
constructed prior to 1972 will be developed in a Historic Resources Evaluation Report
(HRER). CONSULTANT is assuming evaluation of up to 10 structures/buildings for the
HRER forms and report.
CONSULTANT has obtained and reviewed the records for the project location and
determined that remains of archaeological middens (deposits of shells and refuse
resulting from prehistoric occupation) were in the vicinity of the project. Present
development indicates any remaining elements of such features are likely covered or
heavily modified, but these sites may still retain the potential to contain buried deposits.
The existing preliminary records search obtained by CONSULTANT will be reviewed
and additional records will be obtained from the California Historical Resources
Information System’s Northwest Information Center at Sonoma State University. A
literature and map review will also be conducted and local historical societies will be
contacted. Consultation with Native American representatives in accordance with
Section 106 of the National Historic Preservation Act and CEQA Assembly Bill 52 will
be necessary.
An Area of Potential Effects Map will be created and surveys of the project area will be
performed. The archaeological survey will be documented in an Archaeological Survey
Report (ASR) and the architectural history survey will be documented in the HRER. To
address the subsurface archaeological sensitivity of this location, CONSULTANT
expects that an Extended Phase I (XPI) study will be necessary consisting of subsurface
geoarchaeological testing to determine if buried archaeological resources are present. For
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purposes of budgeting, CONSULTANT assumes that the XPI testing can be completed
within 2 days of field work, and that access will be available to conduct the necessary
testing. In the event that unknown buried resources or high levels of archaeological
sensitivity are detected through this testing program, additional Section 106 evaluations
and reporting may be required, that cannot be anticipated at this time and would require a
scope of work amendment.
Subtask 4.4 Visual and Aesthetics. CONSULTANT staff identified visual and
aesthetics as a recommended focus area because of the necessary right-of-way acquisition
and construction of the Utah Avenue overpass. Specifically, the project will construct a
new overcrossing that will be above and adjacent to the iHop property and the
Travelodge motel, near and visible to the motel, and potentially the motel’s courtyard
pool, overnight rooms, and conference facilities. Additional hotels are nearby. Other
noticeable changes (that involve less visually sensitive land uses) include the property
acquisition and construction of a cul-de-sac at the existing A&A Produce property, the
new US 101 southbound off-ramp to Utah Avenue, the possible reconfiguration of
Produce Avenue at the Park ‘N Fly lot, and the introduction with Alternative 3 of new
braided ramps between Utah Avenue and the I-380 interchange. The new overcrossing
and interchange ramps will also change the visual setting for motorists that use US 101.
An initial review of the Caltrans VIA questionnaire indicates that a Minor Level VIA
could be appropriate to document the project (consistent with the approved PEAR).
CONSULTANT would consult with Caltrans to confirm this understanding. Assuming
confirmation CONSULTANT would then prepare a (Minor Level) VIA in accordance
with Caltrans SER Chapter 27 guidance, sufficient to briefly characterize the visual
quality of the project view shed; describe each of the proposed alternatives; summarize
their anticipated visual effects; and recommend feasible avoidance and mitigation
measures. CONSULTANT will recommend up to two visual simulation viewpoints for
each alternative, focusing on the comparative effects of alternatives on the visually
sensitive businesses cited previously; and up to two key viewpoints focusing on views
from the highway. Accurate 3D computer models of the four build alternatives will be
constructed to produce realistic simulations from the key viewpoints. Because not all
alternatives affect the same receptors, separate simulations of all alternatives are not
expected to be needed for all key viewpoints. CONSULTANT therefore anticipate a total
of up to 9 simulations, representing four build alternatives from 3 to 4 key viewpoints as
appropriate. Viewpoints would be confirmed in consultation with CITY and Caltrans.
Subtask 4.5 Phase I Hazardous Waste Assessment. CONSULTANT has already
completed an Initial Site Assessment (March 2015), the first step of hazardous materials
and contamination investigation. An ISA is typically sufficient for the PA&ED phase of
work. CONSULTANT identified 21 sites within a 1/8 mile radius of the project, 18 of
which were leaking underground storage tanks where remediation has been completed at
most locations. Seven sites are within the project area where construction might take
place. The existing ISA should be applicable for PA&ED review, although a records
search update is recommended to determine if any notable changes have occurred. Issues
that will be of concern for right-of-way will include the aforementioned tanks and sites,
aerially deposited lead testing, and testing of structures that will ultimately be removed.
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The later testing and evaluation is typically performed after project approval (PA&ED),
unless there is unusual contamination that might affect the design or cost of the project
(this does not appear to be the case based on information and review to date).
CONSULTANT will therefore update the records review and prepare a brief supplement
to the March 2015 ISA.
Subtask 4.6 Community Impact Assessment, Section 4(f) Properties, and BCDC
Jurisdiction. A Community Impact Assessment (CIA) will be prepared that addresses
land uses, the commercial neighborhood characteristics, demographics, and potential for
growth inducement. CONSULTANT’s studies to date indicate the neighborhood is a
potential Environmental Justice community based on the proportion of Hispanic residents
within the Census tract that includes this project. The CIA will update the population data
for the project area, and evaluate changes that might affect the community. The project
will provide enhanced traffic, pedestrian, and bicycle access across US 101, but will also
remove or impact commercial properties, including a hotel, restaurant, airport parking,
gas station driveway access, and the existing produce distribution business. The use and
effects to each of these properties will be defined and listed, and compared by alternative.
Section 4(f) properties require identification in the environmental document and
sometimes avoidance; these include publically-owned parks, recreational facitilies, and
significant historic resources. The nearest segment of the San Francisco Bay Trail to the
project location is along S. Airport Boulevard at San Bruno Creek, and does not appear to
be a directly affected resource. Future plans for the Bay Trail include a segment along
Colma Creek, passing under US 101 at this interchange, but it does not exist at this time.
This will be addressed in the CIA, but it is not anticipated that this would be considered a
Section 4(f) property that would require evaluation as there is no current recreational use.
It is not anticipated that there are any historic properties that would be significant or
trigger Section 4(f), and no Section 4(f) evaluation is planned.
Bay Conservation and Development Commission (BCDC) jurisdiction will be defined
with respect to project construction. BCDC jurisdiction is limited to 100 feet of the Bay
shoreline, but also extends inland at tidal waterways. CONSULTANT will coordinate
with BCDC to the extent of contacting them and if necessary meet to review the project
maps and activities with respect to these two waterways. The results of this consultation
will be documented in the environmental document.
Subtask 4.7 Natural Environment Study, Biological Assessment, & Wetland
Delineation. The biological environment is very urbanized, but also includes Colma
Creek (a partially concrete-lined channel) and San Bruno Creek (an unlined but
channelized drainage). Preliminary review by CONSULTANT staff did not identify any
substantial habitat at these creeks, although they have the potential to support fish species
of concern including green sturgeon and salmon. Despite the urbanized setting, terrestrial
species such as the salt marsh harvest mouse, San Francisco garter snake, and California
red-legged frog are listed as having a potential to occur in the general area, depending on
habitat conditions. CONSULTANT will coordinate with Caltrans District 4 biology staff,
and as appropriate prepare a CONSULTANT Natural Environment Report (NES), and a
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Biological Assessment (BA) if needed. We will discuss with Caltrans biologists whether
informal consultation on the species noted above is appropriate, which might allow for a
shorter consultation process with the US Fish and Wildlife Service (USFWS) and the
National Oceanic and Atmospheric Administration (NOAA). A wetland delineation will
also be provided that documents the jurisdictional status of the water crossings and any
other applicable features with respect to Colma and San Bruno Creeks. We assume that
all permits will be applied for and obtained separately during the design phase of the
project, following PA&ED approval.
Subtask 4.8 Air Quality, Greenhouse Gas, & MSAT Reports. CONSULTANT will
prepare an Air Quality Analysis report, a Mobile Source Air Toxics (MSAT) report, and
the information and documentation to gain approval from the Bay Area Air Quality
Conformity Task Force for consultation regarding particulate matter (PM2.5).
CONSULTANT has already documented that the project is included in the
Transportation Improvement Program (TIP) and Regional Transportation Plan (RTP) as a
new interchange at Produce Avenue, and it will be necessary to confirm that the
description, phasing (if appropriate) and funding is still consistent with the current
project, or will need updating by CITY through MTC. A carbon monoxide evaluation
will be performed on representative receptors. The MSAT evaluation will be completed,
which will include a quantitative analysis because the existing volumes on the freeway
exceed 200,00 cars per day. Because the traffic on US 101 is above 250,000 vehicles per
day, a PM2.5 evaluation will be required, which will be based on the traffic data,
including necessary projections of truck volumes with and without each viable alternative
(from the proposed traffic study). CONSULTANT staff will prepare the necessary
application and submittal to MTC to schedule and conduct a presentation to the Task
Force, and include the results in the draft environmental document circulated for public
review, and in the required noticing for the public meeting(s). CONSULTANT staff are
very knowledgeable and experienced at these evaluation and consultation processes.
Subtask 4.9 Noise Impact Report & Noise Abatement Decision Report. The Noise
Study Report (NSR) will model the traffic volumes for each alternative, including the no
project. Our preliminary assessment of noise sensitive land uses noted that most of the
interchange is surrounded by commercial non-residential properties, except for the
Travelodge and Best Western hotels on South Airport Drive. The study area will include
representative receptors within the project limits, and both of the hotel properties will be
evaluated for noise from US 101 and S. Airport Drive. The existing Travelodge has a
concrete wall facing the freeway which probably provides substantial noise reduction
within the units, but the property also has a courtyard pool (noise sensitive outdoor use).
The focus of concern is the level of noise impact or change that will occur from
constructing Utah Avenue on an elevated overcrossing at this location. Our experience
with hotels is that gaining inside sound level measurements, with the permission of the
hotel management, allows us to more accurately identify whether the hotel units are
exceeding applicable Caltrans noise impact thresholds. The CONSULTANT team, which
includes Illingworth & Rodkin for the noise analysis, will complete a noise monitoring
program in consultation with Caltrans District 4 staff, evaluate noise levels with and
without the project, whether any locations qualify for noise walls, and prepare the NSR.
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The required Noise Abatement Decision Report (NADR) will also be prepared following
estimation of any barrier costs.
Subtask 4.10 Paleontology. Our preliminary evaluations for paleontology for the PEAR
report concluded that the project location is located on Holocene-era sedimentary
deposits (at least near the surface) that are generally not considered sensitive for
containing paleontological resources. Impact conclusions would depend on the depth and
extent of any necessary excavation at the site. The site is also highly urbanized and
disturbed. A brief combined Paleontological Evaluation Report/ Paleontological
Mitigation Plan is assumed, and will be prepared for Caltrans review and approval.
Subtask 4.11 Climate Change and Energy. Climate change will be evaluated in the
environmental document following Caltrans guidelines and required language.
CONSULTANT already prepared a sea level rise assessment that concluded that sea level
rise measures would not be cost effective to include in this project. San Mateo County
has been requesting additional consideration and evaluation for out other projects along
US 101, and this information will be reviewed and expanded as appropriate in the
environmental document.
Subtask 4.12 Water Quality Assessment
In order to provide the existing physical and regulatory environment information for the
water quality section of the Environmental Document, CONSULTANT will: 1) identify
and describe the current and upcoming laws that relate to water quality, 2) describe the
beneficial uses for all potentially affected waters, 3) discuss water quality objectives for
all potentially affected waters, 4) collect and present any monitoring data from other
agencies, 5) list potential sources of pollutants, and 6) describe the watershed, existing
drainage and hydrologic conditions. CONSULTANT will evaluate the water quality
impacts for each proposed alignment and recommend possible minimization measures to
reduce the adverse impacts to water quality. CONSULTANT will document our findings
in a technical report. CONSULTANT will prepare the Water Quality Assessment Report
for submittal to CITY and Caltrans for review and comment. Upon receipt of all review
comments, a Final Water Quality Assessment Report will be submitted for the Project.
Subtask 4.13 Final Technical Reports
The technical reports for the previously defined studies will be updated based on review
comments from Caltrans and CITY. A matrix of review comments and their responses for
each report will also be compiled to track and document how each comment is addressed.
CONSULTANT will submit technical reports once in draft and once in final form, the
intent being one review and one revision per document, unless otherwise specified.
Extended rounds of revisions are not included in our estimated level of effort.
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TASK 5: ENGINEERING TECHNICAL STUDIES
CONSULTANT will prepare all supporting technical studies in addition to the studies
and work products identified in Sections 2 and 3. Draft and Final Project Reports will be
developed.
Subtask 5.1 Preliminary Right of Way (R/W) Requirements.
CONSULTANT will coordinate right-of-way requirements for each of the build
alternatives, and will prepare right-of-way requirements maps identifying those parcels
that will be impacted by the improvements. The approximate dimensions and areas of
parcels and/or easements to be acquired will be calculated. This information will be
documented in a database including ownership information, land use, R/W capital
improvements (e.g. driveway, fence improvements) in compliance with Caltrans Exhibit
4-ex-02w. R/W information will also be summarized in the R/W Data Sheet (Caltrans
Exhibit 4-ex-4) as stated in Task 9.1
Subtask 5.2 Utility Coordination. CONSULTANT will develop accurate existing utility
mapping for the project area, locating utilities that potentially conflict with the proposed
improvements, and developing relocation plans for conflicting utilities will be a critical
task during project development. CONSULTANT will:
Review and update as-built utility information
Prepare existing utility maps
Submit utility maps to affected utility owners
Field verify utility locations with utility owners
Identify potential utility conflicts, and
Prepare Utility relocation Memorandum
Maintain a Utility Relocation Log
Prepare Utility Information Sheet (Caltrans Exhibit 4-ex-5)
Assure that necessary utility impacts caused by the proposed construction have been
addressed.
Task 4: Deliverables
Environmental Scoping Memorandum
Purpose and Need/Project Description
Community Impact Assessment
Air Quality, Greenhouse Gas, & MSAT Reports
Noise Impact Report & Noise Abatement Decision Report
Visual Impact Assessment
Initial Site Assessment
Archaeology Survey Report, Historic Resource Evaluation
Report, & Historic Property Survey Report
Section 4(f) Evaluation (pending Historic resource studies)
Natural Environment Study, Biological Assessment, &
Wetland Delineation
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Prepare input on utility agreements.
Develop utility plans (U- drawings) that indicate utilities to be relocated and utility
envelope plans.
CONSULTANT will identify and propose final locations of all utilities that are affected
by the Project, such as water, sewer, gas, electric, cable TV, and telephone.
Subtask 5.3 – Preliminary Stage Construction/Traffic Handling & TMP. A
conceptual stage construction/traffic handling plan will be developed by CONSULTANT
for each of the two preferred alternatives to verify that the project is constructible, and
that traffic impacts are minimized and public safety is not compromised. Roadway
improvements will be coordinated with existing facilities to assess whether detours are
needed to construct them. To ensure that traffic operations are not impacted, detour plans
will seek to preserve the same lane capacity as the existing roadway system.
CONSULTANT will prepare a draft Traffic Management Plan (TMP) in accordance with
Caltrans requirements. CONSULTANT will work with traffic engineering/operations
personnel and other relevant technical specialists (such as right-of-way experts, pavement
engineers, and environmental specialists) to obtain the necessary project information and
help identify potential issues or concerns. This collaboration will help to develop the best
combination of design, construction phasing/staging, and work zone management
strategies. With proper planning, potential traffic problems will be eliminated by
modifying the design or construction phasing. If traffic studies are needed to develop
TMP strategies, these will be initiated as soon as possible to make sure that the needed
data is available. As information becomes available, the preliminary scope and cost of the
overall TMP and the individual elements will continue to be refined. CONSULTANT
will coordinate the TMP strategies with Caltrans appropriate functional units, with each
team member handling their area of expertise.
Exhibits and a presentation will be prepared for a Caltrans constructability review
meeting. Details will be prepared for critical construction areas to demonstrate project
constructability, and will be presented at the meeting. TMP elements will be highlighted
and presented, together with lane closure and detouring elements. Comments from the
meeting will be addressed and incorporated as applicable. A second constructability
review meeting will be held, if needed, to obtain approval on this key element.
Subtask 5.4 Storm Water Data Report
CONSULTANT will prepare a Storm Water Data Report summarizing the Project
impacts to water quality, general minimization measures, and recommended best
management practices (BMPs). Our study will address only the impacts from the
roadway improvements, and we will utilize Caltrans’ standard checklists.
CONSULTANT will propose conceptual minimization measures that meet the criteria set
by the Regional Water Quality Control Board and Caltrans NPDES Permit. Additionally,
CONSULTANT will address the need for erosion control measures. CONSULTANT
will also prepare a preliminary hydromodification assessment to determine the magnitude
of the impacts and the need for minimization. CONSULTANT will propose conceptual
minimization measures that meet the criteria set by the Regional Water Quality Control
Board and Caltrans NPDES Permit. Additionally, CONSULTANT will address the need
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for erosion control measures. Stormwater treatment measures within Caltrans, San Mateo
County, and CITY will be presented in the Project Storm Water Data Report.
Subtask 5.5 Drainage Impact Study Report and HydroModification Memo
CONSULTANT will coordinate with Caltrans, CITY staff, and adjacent projects; review
as-built plans, previous studies, and proposed improvements to determine existing
drainage patterns; and assess potential impacts to, or deficiencies of, existing storm drain
systems in the project area. CONSULTANT will assess needed drainage improvements
to serve the new facility including requirements for future development along the
corridor. CONSULTANT will assess opportunities for storm water management and
water quality solutions to minimize environmental impacts by the project.
CONSULTANT will perform necessary hydrologic and hydraulic analyses, conceptual
drainage design and cost estimate for proposed drainage improvements. CONSULTANT
will summarize the findings in a Drainage Impact Study Report.
CONSULTANT will prepare a Hydromodification Memo, which will document and state
that the Project is exempt from hydromodification mitigation due to the Project being in
tidally-influenced and developed surroundings.
Subtask 5.6 Location Hydraulic Study
Based on CONSULTANT’s preliminary qualitative hydrologic, hydraulic, and
geomorphic assessments, the Project may potentially result in a significant floodplain
encroachment. CONSULTANT will prepare Location Hydraulic Study and Floodplain
Evaluation Report Summary to document the investigation and determine the specific
impacts to the floodplain.
Subtask 5.7 Advanced Planning Studies (APS)
CONSULTANT will prepare Advance Planning Studies (APS) for the bridges and
special design retaining walls for the refined alternatives. Following is anticipated in each
of the four alternatives;
The bridge APSs will be prepared in Caltrans format using Caltrans Office of Special
Funded Project (OSFP) Information and Procedures Guide 3-2 and Caltrans Memos to
Designers (MTD) 1-8. The APSs will include plans, APS Checklist, Design Memo and
Itemized Cost Estimate. A Preliminary Foundation Report will be prepared to provide
geotechnical recommendations for each structure.
The APS Plans will show the following:
1. Plan views, Elevation views and Typical Sections showing the preliminary
structure types recommendation.
2. Preliminary profile grade and superelevation diagram.
3. General dimensions for the structures such as overall lengths, widths, and depths.
4. Available vertical clearances.
5. General aesthetics recommendations.
6. Preliminary foundation types recommendation.
7. Preliminary abutment and bent type recommendation.
8. Approach slab, barrier type, and slope paving.
The APS Design Memo will include the following:
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1. Important or unusual design assumptions or structure features,
2. Local agency requirements such as aesthetics, improvements in the vicinity of the
structure, or other obstructions.
3. Any special foundation requirements.
4. Any construction requirements, including limited site accessibility, vertical
clearance restrictions, and limits on night time/day time work.
5. Record of discussions with Caltrans personnel concerning any key assumptions.
6. Accelerated Bridge Construction (ABC) Questionnaire
7. Risk Assessment Form
An APS Construction Cost Estimate will be developed by estimating quantities for major
items of work and assigning prices to each item. A contingency factor of 25% and
mobilization factor of 10% of the total of the items cost will be added to the estimate.
This proposal assumes one (1) draft submittal for review and comment, and one (1) final
submittal.
The final submittal will include one (1) hard copy of the plans and estimate and a CD
containing the electronic files of the Microstation drawings and estimate.
Subtask 5.8 - Preliminary Geotechnical Report. Site visits will be performed and
available data will be reviewed, including geotechnical data developed for the Project.
Possible geotechnical/geologic impacts and mitigation measures will be discussed on a
broad basis including but not limited to slope stability, geology, seismic impacts and risk,
erosion, groundwater conditions, etc. for proposed bridge widenings, retaining walls,
soundwalls, cuts and embankments. Generally, the geotechnical issues relevant to the
project will be presented in a qualitative manner with no specific design
recommendations. Potential mitigation measures will also be provided in a discussion
format. All of this will be incorporated into a Preliminary Geotechnical Report.
Structure Preliminary Geotechnical Reports (SPGR) will be prepared for each bridge, in
accordance with Caltrans standards, to support the APS submittals. It is expected that up
to seven SPGRs will be required. Typical fieldwork will consist of a brief site visit only.
The SPGR will provide an overview of the existing foundations, site geology, seismicity,
and, if possible, recommendations regarding suitable and unsuitable foundation types. If
appropriate, the SPGR will also discuss the anticipated field and laboratory work required
to support the future Preliminary Foundation Reports and the future Foundation Reports.
Other efforts include providing support and information to the design team for the Life-
Cycle Cost Analysis (LCCA) and other input on the alternatives regarding excavations,
fill slopes, retaining wall decisions, and possible mitigation measures for settlement and
liquefaction issues that can be expected.
Subtask 5.9 – Construction Cost Estimate and Schedule. CONSULTANT will prepare
a Project Report Level Cost Estimate and Schedule, in accordance with Caltrans
requirements. Major construction items, quantities, unit prices, and soft costs will be
identified to estimate total project costs including allowances for mobilization and
contingencies (appropriate for this level of design detail). Cost variants for alternatives
will be estimated, if necessary. Right-of-way and utility relocation costs will be
approximated at this stage of design using available information.
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Subtask 5.10 - Highway Plan Sheets. CONSULTANT will develop layout plans for up
to two Build Alternative(s) that indicate lane, shoulder, horizontal control, structure
locations and right of way requirements in MicroStation format using the topographic
base mapping prepared in Task 2. Typical cross sections and roadway profiles and
superelevation diagrams of new and modified alignments will also be developed.
Subtask 5.11 - Design Exceptions. CONSULTANT will check the geometrics of the
existing and proposed state facility for non-standard features and update the list of
mandatory and advisory design exceptions identified previously (Task 2), if necessary.
Geometric refinements will be further investigated to assess if any non-standard features
can be eliminated. Fact Sheets will be drafted and submitted to Caltrans HQ geometrician
and District 4 for review and comment. CONSULTANT will address any comments and
submit final Fact Sheets for Caltrans approval, prior to submittal of the Draft Project
Report. Mandatory design exceptions for interchange spacing, median width and shoulder
width are anticipated. Traffic and accident analysis, physical constraints, cost, access
control, and environmental impacts will be critical factors in justifying the design.
Subtask 5.12 - Landscape & Aesthetics Concept. CONSULTANT will prepare a
technical memorandum that provides agreed upon guidance for the future development of
the landscape and aesthetics elements of the project.
Subtask 5.13 Life Cycle Cost Analysis. CONSULTANT will prepare a pavement Life
Cycle Cost Analysis (LCCA) for proposed mainline work, with the results summarized in
a report. LCCA will be performed per procedures and guidelines from the latest Caltrans
Pavement Policy Bulletin, and using Realcost software. A pavement strategy checklist
will developed.
Subtask 5.14 Final Engineering Technical Reports
Technical reports will be updated based on comments received from reviewing agencies.
A matrix of review comments and their responses for each report will also be compiled.
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TASK 6: ENVIRONMENTAL DOCUMENT
Subtask 6.1 Confirm Appropriate Type of Environmental Document
During the preparation and completion of the environmental technical studies, and with
input from the Notice of Preparation feedback, CONSULTANT staff will confer with
CITY and Caltrans staff on the appropriate level of CEQA and NEPA document. For
purposes of developing this scope, CONSULTANT is proposing an Environmental
Assessment (EA) leading to approval of a Finding of No Significant Impact (FONSI)
document. As discussed previously, preparation of an EIR for CEQA may be appropriate
to efficiently gain approval from Caltrans. If opposition or concerns with the project are
not extensive and are not associated with significant environmental impacts, then a
CEQA Initial Study can be prepared leading to approval of a Negative Declaration or
Mitigated Negative Declaration. This decision can be more accurately determined once
studies are underway and public outreach has been initiated.
CONSULTANT will prepare the administrative drafts and draft environmental document
for Caltrans and CITY’s review and approval, assist with circulation of the document,
and respond to comments in the final environmental document. The assumed number of
drafts and finals are defined by our sequential tasks.
If an EIR is appropriate, or required for the project, it would require additional public
review time and may require additional coordination if there are complex issues.
CONSULTANT has provided a reasonable estimate of effort for an Initial Study, and
would identify additional (out of scope) effort or costs to complete an EIR if additional
steps or reviews are necessary.
Task 5: Deliverables
Preliminary Right of Way (R/W) Requirements
Utility Requirements Mapping
Utility Plans
Draft Traffic Management Plan
Storm Water Data Report
Drainage Impact Study Report
HydroModification Memo
Location Hydraulic Study
Advance Planning Study
Structure Preliminary Geotechnical Report
Preliminary Geotechnical Report
Preliminary Cost Estimate
Preliminary Construction Schedule
Preliminary Plans
List of Design Exceptions
Landscape & Aesthetics Concept Memo
Life Cycle Cost Analysis
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Subtask 6.2 - Identify Required Permits and Approvals
The project is expected to require the following approvals in order for Caltrans to sign the
final environmental document:
USFWS informal consultation
USACE preliminary jurisdictional determination
FHWA project-level air quality conformity determination
State Historic Preservation Officer (SHPO) concurrence on Caltrans’ findings
with regard to cultural resources under the Section 106 Programmatic Agreement
Caltrans will coordinate these approvals by submitting the Biological Assessment,
Jurisdictional Delineation, air quality reports, and cultural resources reports prepared
under Task 4 to the USFWS, USACE, FHWA, and SHPO, respectively.
During the PA&ED phase, the CONSULTANT will coordinate with Caltrans to
investigate and identify the list of potential permits (however, permit applications would
ultimately be prepared during the separate PS&E contract). The following are possible
requirements, but depend on the project design/construction:
USACE Section 404 permit
CDFW Section 1602 Lake and Streambed Alteration Permit (if applicable)
San Francisco Bay Regional Water Quality Control Board (RWQCB) Section 401
Water Quality Certification, National Pollutant Discharge Elimination System
(NPDES) approval for work greater than one acre, and Waste Discharge
Requirements
BCDC permit and Federal Coastal Zone Management Act Consistency
Determination (if applicable)
Permit applications are not completed at PA-ED and are not proposed in this scope of
services.
Permits and approvals needed for the project will be listed in the environmental
document.
Subtask 6.3 - First Administrative Draft ED
The first draft of the Environmental Document (ED) will be prepared based on the
purpose and need, project description, technical reports and other studies developed
during the course of the project and in compliance with the California Environmental
Quality Act (CEQA) and the National Environmental Policy Act (NEPA). Caltrans is
assumed to be the lead agency for this project under both CEQA and NEPA.
The ED will follow the most current outline issued by Caltrans on their “Standard
Environmental Reference” (SER) website. An electronic PDF and Word copy of the
document will be provided. If necessary, up to five paper copies along with Word and
PDF copies will be provided for review.
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In addition, CONSULTANT will prepare and submit to Caltrans the following items
required by NEPA assignment:
Environmental Document Checklist
External Certifications—Environmental Document Quality Control Review
Certification
Subtask 6.4 - Second Administrative Draft ED
A second administrative ED will be prepared. CONSULTANT assumes that Caltrans
independent NEPA review will occur during this round of review, allowing the process to
advance to approval of the document for public circulation. A PDF/Word copy and up to
five paper copies will be provided for review.
Subtask 6.5 - Public Circulation Draft ED/Public Meeting
Additional minor/final Caltrans and CITY comments will be addressed, and it is assumed
that direction to print and circulate the ED for public review will be issued. The
environmental document will be copied for public and agency distribution (up to 25
paper copies are assumed, and up to 50 CDs of a PDF version). Copies will be provided
to several public repositories in San Mateo County, SMCTA, CITY, and Caltrans. Of the
CDs, 15 CD copies will be mailed to the State Clearinghouse, with a Notice of
Completion. Elected officials letters will be prepared and provided to Caltrans for
signature. A Notice of Availability will be prepared for signature by Caltrans, which will
announce the document’s availability and where it can be accessed via the Internet.
These notices will be mailed to up to 50 addresses from the project mailing list
(developed in Task 10). A PDF copy of the ED will be provided to Caltrans, CITY, and
SMCTA for posting on their websites. A Word copy of the ED will be provided to
Caltrans, CITY, and SMCTA.
Subtask 6.6 - Respond to Public Comments on Draft ED
Written comment responses will be prepared. It is assumed that all comments can be
addressed through revisions to the ED text, and that further environmental studies or
evaluation of additional alternatives will not be necessary. For purposes of the project
budget, it is assumed that up to 50 written and oral comments may be submitted.
Revisions to the environmental technical studies are not included in this scope of
services.
Subtask 6.7 - First Administrative Final ED
A first administrative final ED will be prepared incorporating revisions to the document
in response to public and agency comments. Copies of the comments and the responses to
comments will be included as a new appendix. A PDF/Word copy and up to five paper
copies will be provided for review.
In addition, CONSULTANT will prepare and submit to Caltrans the following items
required by NEPA assignment:
Environmental Document Checklist
External Certifications—Environmental Document Quality Control Review
Certification
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Subtask 6.8 - Second Administrative Final ED
Caltrans and CITY comments would be responded to and a second administrative ED
prepared. Up to five paper copies along with Word and PDF copies will be provided for
review.
Subtask 6.9 - Final ED
The Final ED would be forwarded to Caltrans for circulation and approval by Caltrans
management. Twenty-five paper copies of the signed document will be provided to
Caltrans and CITY for distribution. Fifty CD copies will also be provided. A PDF copy
of the ED will be provided to Caltrans, CITY, and SMCTA for posting on their websites.
A Word copy of the ED will be provided to Caltrans, CITY, and SMCTA.
If Caltrans requests, elected officials letters can be prepared and provided to Caltrans for
signature.
Subtask 6.10 - Draft Findings and Record of Decision
An administrative draft of the findings will be prepared for use by Caltrans.
TASK 7: PROJECT REPORT
Draft and Final Project Report. The approved PSR for the project provided agreement on
the design concept, design scope, schedule and estimated cost of the project for future
programming. The project will require Caltrans environmental clearance and Caltrans
approval of the Project Report (PR).
A Draft Project Report (DPR) is prepared to obtain approval to publicly circulate the
Draft ED and to schedule a public hearing. The Final Project Report is used to
recommend that the Build Alternative be approved and that the project proceed to the
final design phase.
Task 7.1 - Draft Project Report
A Draft Project Report (DPR) is first prepared. The DPR documents the need for the
project, summarizes key points from the environmental document, and summarizes
scope, cost and overall impacts to enable an informed decision to be made to proceed
toward DED circulation and project approval.
Subtask 7.1.1 - First Draft Project Report
Task 6: Deliverables
First Administrative Draft Environmental Document (DED)
Second Admin DED
DED for public circulation
First Admin Final Environmental Document (FED)
Second Admin Final Environmental Document (FED)
Final Environmental Document (FED)
Draft Findings and Record of Decision
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The DPR would be prepared based on the project description, technical reports and other
studies developed during the course of the project.
Subtask 7.1.2 - Second Draft Project Report
Based on Caltrans and local agency comments, a second Draft Project Report will be
prepared. It is assumed that Caltrans will provide a final review.
Subtask 7.1.3 - Draft Project Report Approval
Caltrans comments will be addressed and the DPR will be finalized and submitted for
approval.
Task 7.2 - Prepare Final Project Report
The DPR is revised following circulation of the DED, consideration of public comments,
and the selection of the Preferred Alternative. The Final Environmental Document
(FED) is then approved by Caltrans to reach environmental clearance. At which point,
Caltrans would approve the Project Report.
Subtask 7.2.1 - First Project Report
The DPR is revised following circulation of the DED, consideration of public comments,
and the selection of the Preferred Alternative. First submittal of the PR is prepared
incorporating comment responses and revisions to the document in response to
comments.
Subtask 7.2.2 - Second Project Report
Comments are received from Caltrans and other agencies and incorporated into the PR,
which is then submitted for final review.
Subtask 7.2.3 - Project Report Approval
Comments are received from Caltrans and other agencies and incorporated into the PR,
which is then submitted to Caltrans for approval.
TASK 8: ASSESS UTILITY IMPACTS
Subtask 8.1 - Exceptions to Encroachment Policy
CONSULTANT will identify realistic utility relocation options and associated capital
costs. CONSULTANT will then coordinate with Caltrans, utility companies and other
affected stakeholders to investigate alternatives to specific utility relocations. If tentative
agreement is reached on maintaining specific utilities within state right of way, a draft
exception to longitudinal encroachment of that facility will be prepared and processed
Task 7: Deliverables
First Draft Project Report
Second Draft Project Report
Draft Project Report Approval (DPR)
First Project Report
Second Project Report
Project Report Approval
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through Caltrans. CONSULTANT will maintain a log of all correspondence for this
study.
TASK 9: RIGHT OF WAY SERVICES
Subtask Right-of-Way Data Sheet
CONSULTANT will analyze right of way impacts and prepare detailed cost estimates.
The cost estimates will address potential property acquisition costs, relocation assistance,
severance damages, loss of business goodwill, and fixtures and equipment. The cost
estimate deliverable will be provided in Caltrans Right of Way Data Sheet format. A
draft Right of Way Data Sheet will be prepared for each of the alternatives. Upon
submittal to Caltrans and receipt of comments, the Right of Way Data Sheet will be
updated and finalized. Assumptions and limiting conditions will be incorporated into the
estimate. The right of way cost estimate is not an appraisal and utilizes resources such as
sales data and listings available in the market, field inspections and interviews with
brokers and Assessor’s information. These types of resources and investigations do not
require interaction with owners and no owner or occupant contacts will be initiated.
CONSULTANT will provide proactive consulting and assist in identifying and analyzing
particular property impacts and risks to the schedule. The project alternatives studied in
the PSR-PDS document include potential impacts to a motel, restaurant, gas station,
produce distribution facility, airport parking lots and several warehouses, among others.
CONSULTANT will analyze the proposed areas to be acquired and possible severance
damages in the right of way cost estimates.
TASK 10: PUBLIC OUTREACH
Subtask 10.1 Develop a Public Outreach Plan
CONSULTANT will prepare a Community Outreach Plan document early on in the
project. Work on the Community Outreach Plan will commence after a kick off meeting
and will be completed in draft form within 30 days. The CONSULTANT will submit the
draft Community Outreach Plan document to CITY for one round of review and
comment.
The plan will outline project communication protocols and clarify roles between CITY
and the Project team, Caltrans, SMCTA and other key partners. It will outline in detail
the timing and preparation needed for each community meeting. It will identify
stakeholders and provide a detailed strategy for how best to gain input from various
stakeholder groups (i.e. phone, in person stakeholder meetings, attendance at already
organized stakeholder group meetings to present the project, or encourage attendance at
the community meetings, etc.).
Task 8: Deliverables
Exceptions to Longitudinal Encroachments of Utilities Memorandum
Task 9: Deliverables
Right-of-Way Data Sheet
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The plan will also document the website strategy, strategy and timing regarding collateral
factsheets and their updates; as well as the media protocols.
Subtask 10.2 Project Webpage
CONSULTANT will provide CITY with the project information and prepare material
necessary for maintaining an update project webpage on the main CITY website. This
material will include project meeting notification flyers, community meeting presentation
materials and project factsheets.
Subtask 10.3 Fact Sheets
The CONSULTANT will prepare and distribute on CITY website a factsheet regarding
the project purpose, scope and schedule. It is assumed that two rounds of updates will be
completed over the duration of the project.
Subtask 10.4 Community Planning Meetings, Council Study Sessions, &
Environmental Process Meetings
CONSULTANT will prepare for, facilitate and attend up to three (3) planning oriented
community meetings, four (4) Council Study Sessions and two (2) community meetings
in support of the Caltrans’ environmental process during the duration of the project.
The first set of community (#1) and Council Study Session (#1) meetings will focus on
an overview of the Project and its purpose and schedule, existing conditions will be
reviewed and the community and Council will add input on how and what to consider for
possible solutions. The format is envisioned to be very interactive and community
friendly use of displays, dots and maps are anticipated for the community meeting. At the
Council study session similar information would be presented with ample opportunity for
the Council to give their feedback and review feedback the community provided to the
project team.
At the second set of meetings, CONSULTANT will present a range of options and
solutions to solve community identified issues to the community (#2). Feedback through
interactive displays, maps, ranking of various project elements, is anticipated. At the
second Council Study Session (#2) the community feedback would be tallied and
discussed. Council would also be able to give their reflections on the options presented.
At the third community meeting (#3), a narrowing of alternatives would be discussed as a
‘preferred set of project elements” would be being finalized. Perhaps two or three main
variations would be highlighted. The Council (#3) would also see these alternatives and
would be informed of community feedback. Council would give its thoughts and
feedback with the understanding that the next step would be to move into the
environmental process.
The next set of community meetings would support the environmental process.
Environmental Meeting (#1) would be a scoping meeting where formal scoping
comments would be taken. Typically, these meetings start with an Open House staffed by
the project team then move into a brief power point about the purpose and need for the
project and review of suggested alternatives that meet the stated purpose and need. These
would essentially be the alternatives developed throughout the three meeting community
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planning process described above along with any alternatives or alternations Council
would provide at its various Council Study Sessions. During the Scoping comments
section of the meeting the format is generally very formal requiring questions be read or
left in written form for the inclusion in the environmental documentation. A “hearing
officer” is present to remind the attendees of the purpose and format for the meeting. The
community is reminded that the answers to any impacts are not yet available and that the
purpose of the meeting is to define issues for the environmental technical specialists
(traffic and noise experts, etc.) to study.
It is anticipated that CITY staff will bring the results of the scoping meeting to the
Council’s attention via a project update but no Study Session is anticipated at this stage.
At the second environmental meeting (#2) the Draft environmental document would be
available for review. These meetings are typically scheduled at the front end of the
formal comment period. Community members attending this meeting would find a
PowerPoint review of the project, its purpose and need, the alternatives and the highlights
of the environmental issues in the Draft document. Attendees would be educated on how
to provide additional comments or questions into the process.
At the Council Study Session (#4) during this phase of the project the Council would be
similarly reviewing the content of the Draft environmental document and well as the
comments from the community to date prior to the close of the comment period. The
Council at this meeting could discuss and decide to agendize for a formal Council
meeting whether they wished to provide comments for the Draft environmental
document.
It is assumed that CITY staff will handle the community meeting noticing and logistics–
Newspaper announcements, e-mail blasts to community groups, securing the meeting
facility, etc.
Subtask 10.5 - Web Survey
CONSULTANT will write a public survey and provide a link that can be put on CITY’s
website. An on line survey is a very flexible platform for providing information about
and collecting input on a wide range of planning projects. It enables the public to explore
and provide feedback using a variety of input techniques. It is expected that a draft survey
will be developed once alternatives are available for the stakeholders to weigh in on. At
least a dozen questions will be developed for community input. Depending on survey
technology chosen, the rankings could include ranking, rating, map input, comments and
scenario/tradeoff exploration/voting. The draft survey in word format would be
developed by CONSULTANT and would include one round of edits by CITY. Then the
formal draft survey tool would be developed by CONSULTANT and would include a
subsequent round of edits by CITY. Consistent with other CITY on line materials the
survey will be conducted in English. Translation of the web material to any other
language is not included. The survey will be available on line for at least two weeks. The
survey results will be compiled by CONSULTANT into a draft PowerPoint for use by
CITY. There will be one round of edits to the PowerPoint.
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Subtask 10.6 Develop and Maintain Project Database
CONSULTANT will prepare (in coordination with CITY a database listing of
interested/concerned stakeholders to be used in conjunction with distribution of materials
and required noticing. One database will be prepared and updated up to two times, if
needed.
Subtask 10.7 Hotline and Speakers Scheduling
CONSULTANT’s local contact will be available to answer phone and web requests for
scheduling CITY /CONSULTANT team staff to speak at meetings such as Rotary,
Chambers etc. It is assumed that up to 20 hours of support from a bi lingual local
outreach consultant will be available for this task.
Subtask 10.8 - Media Support
CONSULTANT will provide draft meeting notices, press releases, ad copy and other
media related collateral in coordination with CITY staff. One round of edits assumed for
each and limited to support of the three formal community meetings.
Subtask 10.9 Community Outreach Summary Report
CONSULTANT will prepare a brief summary write up of all outreach suitable for use in
the PA&ED documents. This document (expected to be approximately 10 pages in
length) will document the input received by the project team through the various outreach
methods (i.e. community meetings, stakeholder interviews, community meeting comment
cards, etc.). There is one round of edits assumed for this document.
Task 10: Deliverables
Develop a Community Outreach Plan
Project Webpage
Fact Sheets
Community Meeting Agendas & Summaries
Stakeholder Interview Outlines & Summaries
Web survey tool
Analysis of Survey PowerPoint
Database listing of interested/concerned stakeholders
Community Outreach Summary Report
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ASSUMPTIONS
The estimate of labor hours and time scheduled to perform the work is limited by the
following assumptions and as may be noted elsewhere.
Study Alternatives
The introduction of new study alternatives after environmental technical studies are
complete is not included in the scope of services.
Project Limits
The project limits will be based on the limits shown on the PSR- PDS.
Right of entry
Encroachment permit applications to perform design activities within Caltrans and
CITY right of way will be prepared by CONSULTANT for CITY’s signature.
Mapping
Aerial topographic mapping within the project limits described above will be
prepared by CONSULTANT. Topographic mapping outside of approved project
limits is not included.
Mapping will be in English units and provided in MicroStation format.
Survey
All surveys will conform to the current CALTRANS Surveys Manual. Datum’s will
be 1983 NAD (Horizontal) and 1988 NAD (Vertical).
Caltrans will provide existing survey control. Monuments in the Route 101 right of
way are assumed to be in Caltrans current coordinate system and not require a
separate GPS survey to tie them into adjacent state facilities.
Survey work will be performed during daylight hours, based on an eight hours
workday.
Non-Standard Design Exceptions
One (1) mandatory and one (1) advisory Fact Sheet will be prepared for design
exceptions associated with the Build Alternative.
Traffic Studies
Traffic forecasts will be for year-2045
Accident data for the three years prior to the commencement of this study will be
used.
Traffic Engineering Performance Assessment (TEPA) is not included in the Scope
of Services.
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Value Analysis Studies
Value Analysis is an independent Study and will be undertaken by CITY.
CONSULTANT will provide support only for this effort, as described in the
scope above.
Project Report Process
Preparation of a Supplemental PSR/PDS or separate PSR document is not
included.
Caltrans and CITY will execute a Cooperative Agreement for the PA&ED.
Freeway Agreement are not needed at this time.
Environmental Review Process
An IS/EA document is assumed in compliance with CEQA and NEPA
requirements
Caltrans will be the lead agency for CEQA and Caltrans will be the delegated lead
agency for NEPA
Environmental permit applications are not included in this scope of services
Cultural Studies
A ‘Negative’ report format is assumed
Extended Phase I testing in support of the ASR identification is not included.
Biological Studies
A single season survey will be provided. Surveys over multiple seasons are not
assumed. If a survey season is missed based on the Notice To Proceed, the survey
would need to be performed the following season.
If a positive determination (presence) is made of special status species as a result
of the surveys, or by USFWS or NOAA/NMFS opinion, additional consultation,
coordination, studies, and/or mitigation may be required. This effort is not
included
Environmental permitting is not included
Detailed development of mitigation is not included
Noise Studies
A workplan identifying where noise measurements will be taken and how impacts
and mitigation/abatement will be evaluated, will be prepared for review and
approval prior to beginning field studies
Visual Impact Studies
Four (4) computer generated photo-simulations of changes to the visual environment
will be provided. Views will be approved by CITY and PDT prior to generating
photo-simulations.
A shadow study is not included.
Public Outreach
Three (3) Planning Oriented Community Meetings
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Four (4) Council Study Sessions
One (1) Community Scoping Meeting will be provided.
One (1) Community Public Meeting will be provided.
Two (2) newsletters will be provided.
Right of Way
State Right-of-Way Maps will be available from Caltrans.
Right-of-Way delineation will be based on as-built information. No field verification
is proposed at this stage of design.
Right of way hard copy and appraisal maps; temporary construction easements; and
legal descriptions are not included in the scope of services.
Title reports will not be included.
Units
All project deliverables will be prepared in English units.
Drainage/Hydrology
CONSULTANT will not perform scour analysis for any watercourses in the project
area.
Detailed floodplain analysis other than the specified in the scope of work, is not
included
Utilities
Utility relocations are for study alternatives only
Utility agreements will not be prepared
Fees may be required by Utility Companies.
Geotechnical
No subsurface exploration or laboratory testing will be performed.
Pavement
Existing pavement does not require any analysis or testing.
Landscaping
Study of one landscape concepts are included
Irrigation design/planning are not included.
Reviews and submittals
CONSULTANT will submit technical reports once in draft and once in final form, the
intent being one review and one revision per document, unless otherwise specified.
Project Management
Project management activities are provided for a 24-month period starting from
Notice To Proceed.
Meeting Minutes includes up to one round of edits.
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Encroachment Permit and Permit Fees
Encroachment Permit and Permit Fees are not included in this scope.
Materials and information provided by others
Relevant data from previous/ongoing studies in the project area
Utility record drawings
As-built construction plans
Right-of-way record maps
Survey controls
Log of Test Borings, Foundation Reports, Foundation Reviews, and field records of
pile driving logs for the construction of existing structures.
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COMPENSATION SCHEDULE
DRAFT
US Route 101 / Produce Avenue Interchange Project
Project Approval/Environmental Documentation (PA&ED)
Estimated Cost Summary
Task 1 Task 2 Task 3 Task 4 Task 5 Task 6 Task 7 Task 8 Task 9 Task 10 TOTAL
Project
Management
Traffic Forecast
and Operations
Analysis
Preliminary
Engineering
Environmental
Technical
Studies
Engineering
Technical
Studies
Environmental
Document Project Report
Assess Utility
Impacts
Right of Way
Services
Community
Outreach
LABOR
AECOM (Civil)$318,949 $47,983 $335,098 $33,344 $262,167 $21,691 $299,344 $13,541 $10,926 $66,262 $1,409,304
AECOM (Environmental)$26,516 $0 $0 $283,562 $0 $198,595 $0 $0 $0 $40,110 $548,783
AECOM (Geotech)$0 $0 $0 $0 $87,097 $0 $0 $0 $0 $0 $87,097
AECOM (Structures)$5,934 $0 $24,622 $0 $126,240 $0 $0 $0 $0 $0 $156,796
AECOM (Traffic)$0 $249,433 $0 $0 $34,402 $0 $0 $0 $0 $0 $283,835
Labor Escalation $11,800 $9,987 $12,079 $10,642 $17,123 $7,397 $10,052 $455 $367 $3,572 $83,474
SUBCONSULTANTS
ARWS $0 $0 $0 $0 $0 $0 $0 $0 $16,260 $0 $16,260
Apex Strategies $0 $0 $0 $0 $0 $0 $0 $0 $0 $99,825 $99,825
WRECO $0 $0 $0 $0 $78,300 $0 $0 $0 $0 $0 $78,300
Alta Planning + Design $0 $0 $50,040 $0 $0 $0 $0 $0 $0 $0 $50,040
Baymetrics $0 $10,000 $0 $0 $0 $0 $0 $0 $0 $0 $10,000
Illingworth & Rodkin $0 $0 $0 $22,650 $0 $0 $0 $0 $0 $0 $22,650
Kittelson & Associates $0 $49,184 $0 $0 $0 $0 $0 $0 $0 $0 $49,184
Towill $0 $0 $20,000 $0 $0 $0 $0 $0 $0 $0 $20,000
Value Management Strategies $0 $0 $25,000 $0 $0 $0 $0 $0 $0 $0 $25,000
William Kanemoto $0 $0 $0 $37,160 $0 $0 $0 $0 $0 $0 $37,160
Sub Markup $0 $1,184 $1,901 $1,196 $1,566 $0 $0 $0 $325 $1,997 $8,168
DIRECT COSTS
Printing $500 $0 $0 $0 $1,500 $2,500 $2,000 $0 $0 $60 $6,560
Postage, Travel, Misc.$500 $1,000 $500 $1,500 $500 $1,000 $500 $200 $300 $1,500 $7,500
ODC Markup $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
TOTAL $364,199 $368,771 $469,240 $390,054 $608,895 $231,184 $311,896 $14,195 $28,178 $213,326 $2,999,937
11/15/2016
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Exhibit 2
US Route 101 / Produce Avenue Interchange Project
Project Approval/Environmental Documentation (PA&ED)
LABOR HOURS ESTIMATE
AECOM LABOR SUBCONSULTANTS ODCs
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CVL CVL CVL CVL CVL CVL CVL CVL CVL CVL GEO GEO GEO STR STR STR STR TRF TRF TRF ENV ENV ENV ENV SUB SUB SUB SUB SUB SUB SUB SUB SUB SUB ODC ODC
1.1 Project Administration 40 80 40 160 160 100 100 $32,174
1.2 Project Schedule 20 60 20 100 100 $22,586
1.3 Project Coordination 80 20 40 140 140 $22,423
1.4 PDT Meetings 80 140 130 60 130 50 590 590 200 200 $122,819
1.5 Technical Meetings 40 70 40 70 24 20 10 274 274 200 200 $63,288
1.6 Invoices/Progress Reports 20 80 30 40 40 210 210 $39,942
1.7 Risk Management 40 20 10 70 70 $14,239
1.8 Quality Management Plan (QMP)10 60 40 10 10 10 20 160 160 $31,169
1.9 Project Files 30 10 10 10 10 20 90 90 $15,561
Task 1 Subtotal 210 640 310 160 50 20 10 0 0 160 0 0 0 24 0 0 0 0 0 0 0 0 150 60 1,794 0 0 0 0 0 0 0 0 0 0 1,794 500 500 $364,199
2.1 Existing Conditions 0 0 200 $200
2.1.1 Study Approach and Methodology 4 8 8 16 16 52 $9,263
2.1.2 Data Collection 4 8 16 20 48 100 $18,263
2.1.3 Existing Data Processing 10 10 4 16 40 80 $12,576
2.1.4 Existing Conditions Analysis 4 10 40 60 114 $17,301
2.1.5 Existing Conditions Memo 2 10 16 40 68 $10,437
2.2 Traffic Forecasts 0 $0
2.2.1 Traffic Forecasting Development 0 52 200 $11,444
2.2.2 Check Validation of Base Year Model in Study Area 0 50 200 $11,012
2.2.3 Prepare Design Year Model Inputs 0 50 200 $11,012
2.2.4 Develop Design Year Traffic Forecasts 0 40 100 $8,750
2.2.5 Develop Opening Year Forecasts 0 20 100 $4,425
2.2.6 Traffic Forecasting Documentation 0 20 $4,325
2.3 Future Traffic Operations Analysis 100 280 440 820 $124,470
2.4 Traffic Data for Environmental Technical Studies 4 8 20 40 40 112 $19,214
2.5 Intersection Control Evaluation (ICE)10 10 20 20 40 10 16 16 40 182 $34,962
2.6 Traffic Operations Analysis Report 0 $0
2.6.1 Existing Conditions 10 20 20 50 $8,293
2.6.2 Construction Year Conditions 12 20 32 64 $10,212
2.6.3 Design Year Conditions 12 20 32 64 $10,212
2.6.4 Admin Draft TOAR 4 10 10 4 12 20 32 92 $16,763
2.6.5 Draft TOAR 12 20 32 64 $10,212
2.6.6 Final TOAR 10 10 10 12 16 16 74 $15,426
Task 2 Subtotal 24 48 76 24 0 40 10 0 0 0 0 0 0 0 0 0 0 246 556 860 0 0 0 0 1,884 0 0 0 0 100 0 232 0 0 0 0 0 1,000 $368,771
3.1 Data Collection & Review 0 50 100 $6,220
3.2 Project Implementation Plan 8 30 15 16 15 24 64 172 172 $29,109
3.3 Mapping 4 8 4 10 4 30 167 197 $27,283
3.4 Initial Alternative Screening 0 70 70 100 $8,668
3.4.1 Develop Criteria to be Used to Identify a
Reasonable Range of Alternatives 10 10 20 30 20 90 $15,072
3.4.2 Propose Range of Alternatives and Evaluate
Alternatives 10 10 20 30 20 90 $15,072
3.4.3 Select Alternatives to be Carried into the
Environmental Document 10 10 10 20 40 20 110 $20,156
3.5 Update Alternatives 30 30 30 100 110 96 31 427 50 477 100 $75,207
3.6 Nonstandard Geometric Features 4 50 30 40 200 200 60 80 40 40 744 744 $127,973
3.7 Preliminary Engineering Drawings 4 10 12 30 12 36 26 130 100 230 100 $35,995
3.8 Phased Implementation Plan 4 10 12 30 12 36 26 130 100 230 100 $35,995
3.9 Preliminary Cost Estimate 10 10 10 20 36 40 126 47 173 $28,193
3.10 Value Engineering 10 10 10 10 6 40 86 200 286 $44,297
Task 3 Subtotal 54 158 153 216 0 409 542 372 111 0 0 0 0 40 80 0 0 0 0 0 0 0 0 0 2,135 0 0 0 417 0 0 0 167 200 0 2,579 0 500 $469,240
4.1 Environmental Scoping 10 10 10 20 60 80 20 210 210 $36,578
4.2 Purpose and Need/Project Description 10 10 10 40 120 20 210 210 $32,772
4.3 Cultural Resources 12 60 150 140 362 362 $49,375
4.4 Visual and Aesthetics 10 10 20 24 40 104 280 384 500 $55,493
4.5 Phase I Hazardous Waste Assessment 8 20 130 158 158 $23,817
4.6 Community Impact Assessment, Section 4(f)
Properties and BCDC Jurisdiction 4 4 4 10 40 100 120 282 282 500 $39,710
4.7 Natural Environment Study, Biological
Assessment, & Wetland Delineation 18 40 100 50 208 208 $30,615
4.8 Air Quality, Greenhouse Gas, & MSAT Reports 4 4 10 50 80 10 158 158 $25,431
4.9 Noise Impact Report & Noise Abatement Decision
Report 10 24 30 64 151 215 500 $33,315
4.10 Paleontology 10 20 60 90 90 $14,356
4.11 Climate Change and Energy 10 20 10 40 40 $7,287
4.12 Water Quality Assessment 4 4 8 24 40 $7,845
4.13 Final Technical Reports 10 20 20 20 40 40 40 190 $33,461
Task 4 Subtotal 24 62 62 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 166 462 870 470 2,116 0 0 0 0 0 151 0 0 0 280 2,317 0 1,500 $390,054
Environmental Technical Studies
3. Preliminary Engineering
Traffic Forecast and Operations Analysis
Project Management
X:\City of SSF\US 101-Produce PA&ED\100_PM\Contract\Scope & Cost -11-04-16\Cost\US 101-Produce Ave PA-ED Draft Proposal Fee Estimate_11-15-16.xlsx 11/15/2016
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Exhibit 2
US Route 101 / Produce Avenue Interchange Project
Project Approval/Environmental Documentation (PA&ED)
LABOR HOURS ESTIMATE
AECOM LABOR SUBCONSULTANTS ODCs
ID CODE DELIVERABLE Ra
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Project Management
5.1 Preliminary Right of Way (R/W) Requirements 4 10 10 20 2 20 12 78 78 $15,050
5.2 Utility Coordination 40 20 20 8 100 60 80 328 328 $50,916
5.3 Preliminary SC/TH & TMP 20 10 30 45 80 20 100 60 365 365 100 100 $59,304
5.4 Storm Water Data Report 10 10 4 24 200 224 $29,834
5.5 Drainage Impact Report and HydroMod 10 10 4 24 240 264 $34,826
5.6 Location Hydraulic Study 10 10 10 4 34 200 234 $32,200
5.7 Advance Planning Studies (APS)24 10 10 20 20 120 240 210 230 10 894 894 100 100 $148,796
5.8 Preliminary Geotechnical Report 12 10 20 10 10 70 190 190 512 512 200 100 $96,965
5.9 Construction Cost Estimate & Schedule 20 20 20 35 60 20 175 175 100 $30,611
5.10 Highway Plan Sheets 20 20 35 60 20 40 195 195 300 $32,823
5.11 Design Exceptions 4 15 20 40 20 99 99 300 100 $18,435
5.12 Landscape & Aesthetics Concept 8 6 10 12 36 36 $6,417
5.13 Life Cycle Cost Analysis 10 10 10 10 20 40 100 100 $15,861
5.14 Final Engineering Technical Reports 10 20 10 10 30 20 20 20 54 194 194 400 100 $36,855
Task 5 Subtotal 18 194 171 170 0 227 442 192 150 0 70 210 190 120 240 210 230 10 154 60 0 0 0 0 3,058 0 0 640 0 0 0 0 0 0 0 8,332 1,500 500 $608,895
Environmental Document
6.1 Confirm Type of Environmental Document 8 8 16 16 $3,219
6.2 Identity Required Permits and Approvals
6.3 First Administrative Draft ED 4 10 10 20 60 80 80 264 264 400 100 $41,124
6.4 Second Administrative Draft ED 16 60 80 80 236 236 400 100 $34,649
6.5 Public Circulation Draft ED/Public Meeting 4 10 10 12 40 60 80 216 216 400 100 $32,859
6.6 Respond to Public Comments on Draft ED 10 60 80 150 150 200 $24,779
6.7 First Administrative Final ED 4 10 10 10 60 80 40 214 214 400 200 $34,916
6.8 Second Administrative Final ED 12 40 80 20 152 152 400 100 $23,882
6.9 Final ED 4 10 10 8 40 60 132 132 400 100 $23,723
6.10 Draft Findings and Record of Decision 8 24 40 72 72 100 100 $12,033
Task 6 Subtotal 16 40 40 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 104 392 560 300 1,452 0 0 0 0 0 0 0 0 0 0 1,452 2,500 1,000 $231,184
Project Report
7.1 Draft Project Report 0 0
7.1.1 First Draft Project Report 20 100 60 20 60 40 32 120 10 462 462 400 100 $82,243
7.1.2 Second Draft Project Report 4 90 30 30 40 40 18 20 8 280 280 400 100 $50,719
7.1.3 Draft Project Report Approval 4 60 30 30 40 12 6 10 8 200 200 200 $38,173
7.2 Final Project Report
7.2.1 First Project Report 10 80 60 40 80 48 24 40 8 390 390 400 100 $72,401
7.2.2 Second Project Report 4 60 40 20 40 36 12 10 8 230 230 400 100 $42,784
7.2.3 Project Report Approval 4 60 30 10 6 6 10 8 134 134 200 100 $25,576
Task 7 Subtotal 46 450 250 150 0 260 182 98 210 50 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1,696 0 0 0 0 0 0 0 0 0 0 1,696 2,000 500 $311,896
Assess Utility Impacts
8.1 Exceptions to Encroachment Policy 4 10 20 32 12 78 78 200 $14,195
Task 8 Subtotal 0 4 10 20 0 0 32 12 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 78 0 0 0 0 0 0 0 0 0 0 78 0 200 $14,195
Right of Way Services
9.1 Right-of-Way Data Sheet 10 10 10 10 20 60 132 192 300 $28,178
Task 9 Subtotal 0 10 10 10 0 10 20 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 60 132 0 0 0 0 0 0 0 0 0 192 0 300 $28,178
Community Outreach
10.1 Develop a Community Outreach Plan 2 8 8 18 20 38 $9,221
10.2 Project Webpage 10 10 20 4 44 6 50 200 $10,326
10.3 Fact Sheets 4 10 10 5 4 33 10 43 200 $10,233
10.4 Community Planning Meetings, Council Study
Sessions, & Environmental Process Meetings 30 30 30 20 12 32 64 60 40 40 358 237 595 60 900 $137,152
10.5 Web Survey 4 8 12 10 22 $5,654
10.6 Develop and Maintain Project Database 12 12 10 22 $4,926
10.7 Hotline and Speakers Scheduling 8 8 40 48 $12,634
10.8 Media Support 4 4 20 24 200 $6,517
10.9 Community Outreach Summary Report 10 10 20 20 60 10 70 $16,663
Task 10 Subtotal 50 100 70 20 0 37 32 0 0 0 0 0 0 0 0 0 0 0 0 0 64 96 40 40 549 0 363 0 0 0 0 0 0 0 0 912 60 1,500 $213,326
Total Project Hours 442 1,706 1,152 770 50 1,003 1,270 674 471 210 70 210 190 184 320 210 230 256 710 920 334 950 1,620 870 14,822 132 363 640 417 100 151 232 167 200 280 19,352 6,560 7,500 $2,999,937
Engineering Technical Studies
X:\City of SSF\US 101-Produce PA&ED\100_PM\Contract\Scope & Cost -11-04-16\Cost\US 101-Produce Ave PA-ED Draft Proposal Fee Estimate_11-15-16.xlsx 11/15/2016
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EXHIBIT C
INSURANCE CERTIFICATES
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[OPTIONAL] EXHIBIT D
FORM 590
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Form 590 C2 (REV. 2003)59003103
File this form with your withholding agent.
(Please type or print)
Withholding Exemption Certificate
(This form can only be used to certify exemption from nonresident withholding under California
R&TC Section 18662. This form cannot be used for exemption from wage withholding.)
YEAR
20
CALIFORNIA FORM
590
Note:
Failure to furnish your
identification number will
make this certificate void.
I certify that for the reasons checked below, the entity or individual named on this form is exempt from the California income tax
withholding requirement on payment(s) made to the entity or individual. Read the following carefully and check the box that applies to
the vendor/payee:
Individuals — Certification of Residency:
I am a resident of California and I reside at the address shown above. If I become a nonresident at any time, I will promptly
inform the withholding agent. See instructions for Form 590, General Information D, for the definition of a resident.
Corporations:
The above-named corporation has a permanent place of business in California at the address shown above or is qualified
through the California Secretary of State to do business in California. The corporation will withhold on payments of California
source income to nonresidents when required. If this corporation ceases to have a permanent place of business in California
or ceases to be qualified to do business in California, I will promptly inform the withholding agent. See instructions for
Form 590, General Information E, for the definition of permanent place of business.
Partnerships:
The above-named partnership has a permanent place of business in California at the address shown above or is registered
with the California Secretary of State, and is subject to the laws of California. The partnership will file a California tax return
and will withhold on foreign and domestic nonresident partners when required. If the partnership ceases to do any of the
above, I will promptly inform the withholding agent. Note: For withholding purposes, a Limited Liability Partnership is treated
like any other partnership.
Limited Liability Companies (LLC):
The above-named LLC has a permanent place of business in California at the address shown above or is registered with the
California Secretary of State, and is subject to the laws of California. The LLC will file a California tax return and will withhold
on foreign and domestic nonresident members when required. If the LLC ceases to do any of the above, I will promptly
inform the withholding agent.
Tax-Exempt Entities:
The above-named entity is exempt from tax under California or federal law. The tax-exempt entity will withhold on payments
of California source income to nonresidents when required. If this entity ceases to be exempt from tax, I will promptly inform
the withholding agent.
Insurance Companies, IRAs, or Qualified Pension/Profit Sharing Plans:
The above-named entity is an insurance company, IRA, or a federally qualified pension or profit-sharing plan.
California Irrevocable Trusts:
At least one trustee of the above-named irrevocable trust is a California resident. The trust will file a California fiduciary tax
return and will withhold on foreign and domestic nonresident beneficiaries when required. If the trustee becomes a
nonresident at any time, I will promptly inform the withholding agent.
Estates — Certification of Residency of Deceased Person:
I am the executor of the above-named person’s estate. The decedent was a California resident at the time of death. The
estate will file a California fiduciary tax return and will withhold on foreign and domestic nonresident beneficiaries when
required.
CERTIFICATE: Please complete and sign below.
Under penalties of perjury, I hereby certify that the information provided herein is, to the best of my knowledge, true and correct. If
conditions change, I will promptly inform the withholding agent.
Vendor/Payee’s name and title (type or print) _____________________________________________________________________
Vendor/Payee’s signature ________________________________________________________Date _____________________
For Privacy Act Notice, get form FTB 1131 (individuals only).
Withholding agent’s name
Vendor/Payee’s nameVendor/Payee’s Social security number
SOS no. California corp. no.FEIN
Vendor/Payee’s address (number and street)APT no.Private Mailbox no.Vendor/Payee’s daytime telephone no.
()
City State ZIP Code
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Form 590 Instructions (REV. 2003)
Instructions for Form 590
Withholding Exemption Certificate
References in these instructions are to the California Revenue and Taxation Code (R&TC).
General Information
APurpose
Use Form 590 to certify an exemption from
nonresident withholding. Complete and present
Form 590 to the withholding agent. The
withholding agent will then be relieved of the
withholding requirements if the agent relies in
good faith on a completed and signed Form 590
unless told by the Franchise Tax Board (FTB)
that the form should not be relied upon.
Important – This form cannot be used for
exemption from wage withholding. Any
questions regarding wage withholding should
be directed to the California Employment
Development Department.
Do not use Form 590 if you are a seller of
California real estate. Sellers of California real
estate should use Form 593-C, Real Estate
Withholding Certificate.
BLaw
R&TC Section 18662 requires withholding of
income or franchise tax on payments of
California source income made to nonresidents
of this state.
Withholding is required on:
•Payments to nonresidents for services
rendered in California;
•Distributions of California source income made
to domestic nonresident partners and members
and allocations of California source income
made to foreign partners and members;
•Payments to nonresidents for rents if the
payments are made in the course of the
withholding agent’s business;
•Payments to nonresidents for royalties for
the right to use natural resources located in
California;
•Distributions of California source income to
nonresident beneficiaries from an estate or
trust; and
•Prizes and winnings received by nonresidents
for contests in California.
For more information on withholding and waiver
requests, get FTB Pub. 1017, Nonresident
Withholding Partnership Guidelines, and FTB
Pub. 1023, Nonresident Withholding Indepen-
dent Contractor, Rent and Royalty Guidelines. To
get a withholding publication see General
Information G.
CWho can Execute this Form
Form 590 can be executed by the entities listed
on this form.
Note: In a situation where payment is being
made for the services of a performing entity, this
form can only be completed by the performing
entity or the performing entity’s partnership or
corporation. It cannot be completed by the
performing entity’s agent or other third party.
Note: The grantor of a revocable/grantor trust
shall be treated as the vendor/payee for
withholding purposes. Therefore, if the vendor/
payee is a revocable/grantor trust and one or
more of the grantors is a nonresident, withhold-
ing is required. If all of the grantors of a
revocable/grantor trust are residents, no
withholding is required. Resident grantors can
check the box on Form 590 labeled “Individuals
— Certification of Residency.”
DWho is a Resident
A California resident is any individual who is in
California for other than a temporary or
transitory purpose or any individual domiciled in
California who is absent for a temporary or
transitory purpose.
An individual domiciled in California who is
absent from California for an uninterrupted
period of at least 546 consecutive days under an
employment-related contract is considered
outside California for other than a temporary or
transitory purpose.
Note: Return visits to California that do not total
more than 45 days during any taxable year
covered by the employment contract are
considered temporary.
This provision does not apply if an individual
has income from stocks, bonds, notes, or other
intangible personal property in excess of
$200,000 in any taxable year in which the
employment-related contract is in effect.
A spouse who is absent from California for an
uninterrupted period of at least 546 days to
accompany a spouse who is under an employ-
ment-related contract is considered outside of
California for other than a temporary or
transitory purpose.
Generally, an individual who comes to California
for a purpose which will extend over a long or
indefinite period will be considered a resident.
However, an individual who comes to perform a
particular contract of short duration will be
considered a nonresident. For assistance in
determining resident status, get FTB Pub. 1031,
Guidelines for Determining Resident Status, or
call the Franchise Tax Board at (800) 852-5711
or (916) 845-6500 (not toll-free).
EWhat is a Permanent Place of
Business
A corporation has a permanent place of
business in California if it is organized and
existing under the laws of California or if it is a
foreign corporation qualified to transact
intrastate business by the California Secretary
of State. A corporation that has not qualified to
transact intrastate business (e.g., a corporation
engaged exclusively in interstate commerce) will
be considered as having a permanent place of
business in California only if it maintains a
permanent office in California that is perma-
nently staffed by its employees.
FWithholding Agent
Keep Form 590 for your records. Do not send
this form to the FTB unless it has been
specifically requested.
Note: If the withholding agent has received
Form 594, Notice to Withhold Tax at Source,
only the performing entity can complete and
sign Form 590 as the vendor/payee. If the
performing entity completes and signs Form 590
indicating no withholding requirement, you must
send a copy of Form 590 with Form 594 to the
FTB.
For more information, contact the Nonresident
Withholding Section. See General Information G.
The vendor/payee must notify the withholding
agent if:
•The individual vendor/payee becomes a
nonresident;
•The corporation ceases to have a permanent
place of business in California or ceases to be
qualified to do business in California;
•The partnership ceases to have a permanent
place of business in California;
•The LLC ceases to have a permanent place of
business in California; or
•The tax-exempt entity loses its tax-exempt
status.
The withholding agent must then withhold. Remit
the withholding using Form 592-A, Nonresident
Withholding Remittance Statement, and complete
Form 592, Nonresident Withholding Annual
Return, and Form 592-B, Nonresident Withhold-
ing Tax Statement. Get Instructions for
Forms 592, 592-A, and 592-B for due dates and
other withholding information.
GWhere to get Publications,
Forms, and Additional
Information
You can download, view, and print FTB
Publications 1017, 1023, 1024, and nonresident
withholding forms, as well as other California
tax forms and publications not related to
nonresident withholding from our Website at:
www.ftb.ca.gov
You can also have nonresident withholding
forms faxed to you by calling (800) 998-3676.
To have publications or forms mailed to you or
to get additional nonresident withholding
information, please contact the Withholding
Services and Compliance Section.
WITHHOLDING SERVICES AND
COMPLIANCE SECTION
FRANCHISE TAX BOARD
PO BOX 651
SACRAMENTOCA95812-0651
Telephone:(888) 792-4900
(916) 845-4900(not toll-free)
FAX:(916) 845-9512(24 hours a day,
7 days a week)
Assistance for persons with disabilities:
We comply with the Americans with Disabilities
Act. Persons with hearing or speech impair-
ments please call TTY/TDD (800) 822-6268.
Asistencia bilingüe en español
Para obtener servicios en español y asistencia
para completar su declaración de impuestos/
formularios, llame al número de teléfono
(anotado arriba) que le corresponde.