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HomeMy Public PortalAbout11 November 25, 2013 Western Riverside County Programs & Projects- �.,.L;1?__C. C(.").0 I 1 RIVERSIDE COUNTY TRANSPORTATION COMMISSION WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE MEETING AGENDA TIME: 1:30 p.m. DATE: Monday, November 25, 2013 LOCATION: BOARD ROOM County of Riverside Administrative Center 4080 Lemon Street, First Floor, Riverside D COMMITTEE MEMBERS Andrew Kotyuk, Chair / Scott Miller, City of San Jacinto Frank Johnston, Vice Chair / Micheal Goodland, City of Jurupa Valley To Be Appointed / Deborah Franklin, City of Banning Karen Spiegel / Eugene Montanez, City of Corona Adam Rush / Ike Bootsma, City of Eastvale Scott Mann / Wallace Edgerton, City of Menifee Tom Owings / Jesse Molina, City of Moreno Valley Berwin Hanna / Kathy Azevedo, City of Norco Daryl Busch / Al Landers, City of Perris Ben Benoit / Timothy Walker, City of Wildomar Kevin Jeffries, County of Riverside, District I Marion Ashley, County of Riverside, District V 4P° STAFF s Anne Mayer, Executive Director John Standiford, Deputy Executive Director AREAS OF RESPONSIBILITY GC? Air Quality, Capital Projects, Communications and Outreach Programs, Intermodal Programs, Motorist Services, New Corridors, Regional Agencies/Regional Planning, Regional Transportation Improvement Program (RTIP), Specific Transit Projects, State Transportation Improvement Program (STIP), Transportation Uniform Mitigation Fee (TUMF) Program, and Provide Policy Direction on Transportation Programs and Projects related to Western Riverside County and other areas as may be prescribed by the Commission. Comments are welcomed by the Committee. If you wish to provide comments to the Committee, please complete and submit a Speaker Card to the Clerk of the Board. i RIVERSIDE COUNTY TRANSPORTATION COMMISSION WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE www. rctc. orq AGENDA* *Actions may be taken on any item listed on the agenda 1:30 p.m. Monday, November 25, 2013 BOARD ROOM County Administrative Center 4080 Lemon Street, First Floor Riverside, California In compliance with the Brown Act and Government Code Section 54957.5, agenda materials distributed 72 hours prior to the meeting, which are public records relating to open session agenda items, will be available for inspection by members of the public prior to the meeting at the Commission office, 4080 Lemon Street, Third Floor, Riverside, CA, and on the Commission's website, www. rctc. orq. In compliance with the Americans with Disabilities Act and Government Code Section 54954.2, if you need special assistance to participate in a Committee meeting, please contact the Clerk of the Board at (951) 787-7141. Notification of at least 48 hours prior to meeting time will assist staff in assuring that reasonable arrangements can be made to provide accessibility at the meeting. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. PUBLIC COMMENTS — Each individual speaker is limited to speak three (3) continuous minutes or less. The Committee may, either at the direction of the Chair or by majority vote of the Committee, waive this three minute time limitation. Depending on the number of items on the Agenda and the number of speakers, the Chair may, at his/her discretion, reduce the time of each speaker to two (2) continuous minutes. Also, the Committee may terminate public comments if such comments become repetitious. In addition, the maximum time for public comment for any individual item or topic is thirty (30) minutes. Speakers may not yield their time to others without the consent of the Chair. Any written documents to be distributed or presented to the Committee shall be submitted to the Clerk of the Board. This policy applies to Public Comments and comments on Agenda Items. Under the Brown Act, the Board should not take action on or discuss matters raised during public comment portion of the agenda which are not listed on the agenda. Board members may refer such matters to staff for factual information or to be placed on the subsequent agenda for consideration. Western Riverside County Programs and Projects Committee November 25, 2013 Page 2 5. APPROVAL OF MINUTES — SEPTEMBER 23, 2013 6. ADDITIONS/REVISIONS (The Committee may add an item to the Agenda after making a finding that there is a need to take immediate action on the item and that the item came to the attention of the Committee subsequent to the posting of the agenda. An action adding an item to the agenda requires 2/3 vote of the Committee. If there are less than 2/3 of the Committee members present, adding an item to the agenda requires a unanimous vote. Added items will be placed for discussion at the end of the agenda.) 7. UTILITY AGREEMENTS WITH SPRINT COMMUNICATIONS COMPANY, LEVEL 3 COMMUNICATIONS, AT&T, AND VARIOUS UTILITY COMPANIES FOR FINAL ENGINEERING AND CONSTRUCTION FOR UTILITY RELOCATIONS FOR THE STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT Page 1 Overview This item is for the Committee to: 1) Approve the following agreements for final engineering and construction for utility relocations for the State Route 91 Corridor Improvement Project (SR -91 CIP): a) Agreement No. 14-31-051-00 with Sprint Communications Company (Sprint); b) Agreement No. 14-31-052-00 with Level 3 Communications (Level 3); and c) Agreement 13-31-045-17, Amendment No. 1 to Agreement No. 13-31-045-00, with AT&T; for a combined amount of $2,410,000, plus a contingency amount of $241,000 (10 percent), for a total amount not to exceed $2,651,000; 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreements on behalf of the Commission; 3) Authorize the Executive Director to approve contingency work up to the total authorized amount as may be required for these utility relocation agreements for final engineering and construction; 4) Authorize the Executive Director to execute utility agreements and expend previously approved funds for necessary but currently unidentified utility relocation work provided the total cost of all utility relocation work with currently identified or yet to be identified utility companies is within previously approved amounts, inclusive of this new budget request, for SR -91 CIP utility work in the amount not to exceed $24,263,000; and 5) Forward to the Commission for final action. Western Riverside County Programs and Projects Committee November 25, 2013 Page 3 8. CONSTRUCTION AGREEMENT WITH DALKE & SONS CONSTRUCTION, INC. FOR STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT RIGHT OF WAY PROPERTY MITIGATION PACKAGE 2 Page 9 Overview This item is for the Committee to: 1) Award Agreement No. 14-31-022-00 to Dalke & Sons Construction, Inc. (Dalke & Sons) for the construction of State Route 91 Corridor Improvement Project (SR -91 CIP) right of way (ROW) Property Mitigation Package 2 in the amount of $1,297,680, plus a contingency amount of $129,768, for a total amount not to exceed $1,427,448; 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; 3) Authorize the Executive Director to approve contingency work pursuant to the agreement terms up to the total amount; and 4) Forward to the Commission for final action. 9. FUNDING REQUEST FROM THE CITY OF CORONA FOR THE FOOTHILL PARKWAY EXTENSION PROJECT Page 24 Overview This item is for the Committee to: 1) Approve $21 million of 2009 Measure A Regional Arterial (MARA) Western County funds for the construction phase of the Foothill Parkway extension project in the city of Corona (Corona); 2) Approve Agreement No. 12-72-093-02, Amendment No. 1 to Agreement No. 12-72-093-00, to add $21 million of MARA funds and increase the total MARA funds from $7 million to $28 million; 3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; and 4) Forward to the Commission for final action. Western Riverside County Programs and Projects Committee November 25, 2013 Page 4 10. 1989 MEASURE A FUNDING FOR COUNTY OF RIVERSIDE'S STATE ROUTE 79 WIDENING PROJECT Overview This item is for the Committee to: 11. Page 26 1) Approve $1 million of 1989 Measure A Western Riverside County Highway funds for the county of Riverside's (County) SR -79 widening project from Thompson Road to Domenigoni Parkway (SR -79 Project); 2) Approve Agreement No. 14-31-061-00 with the County for $1 million of 1989 Measure A Western County Highway funds to construct Phase 2 of the SR -79 Project; 3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; and 4) Forward to the Commission for final action. AMENDMENT TO TRANSPORTATION UNIFORM MITIGATION FEE REGIONAL ARTERIAL AGREEMENT FOR THE RAILROAD CANYON ROAD AT INTERSTATE 15 INTERCHANGE PROJECT IN THE CITY OF LAKE ELSINORE Page 28 Overview This item is for the Committee to: 1) Approve Agreement No. 10-72-016-02, Amendment No. 2 to Agreement No. 10-72-016-00, with the city of Lake Elsinore (Lake Elsinore) for the Railroad Canyon Road/Interstate 15 interchange project to authorize staff to complete the project approval and environmental document (PA&ED) phase with the remaining $211,382 of the $1,206,000 TUMF funds allocated to this phase and to increase the PA&ED phase funding amount by $399,000 to $1,605,000; 2) Approve Agreement No. 11-31-107-02, Amendment No. 2 to Agreement No. 11-31-107-00, with SC Engineering for the project with Lake Elsinore to authorize SC Engineering to complete the PA&ED services associated with the project in the amount of $464,000, plus an additional contingency amount of $17,000 for a total increase of $481,000, resulting in a total not to exceed amount of $705,000; 3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreements on behalf of the Commission; 4) Authorize the Executive Director to approve release of contingency work up to the total authorized amount as may be required for the project; 5) Authorize the Executive Director, pursuant to legal counsel review, to execute agreements with Caltrans to reflect non -funding changes related to the project on behalf of the Commission; 6) Approve an increase in FY 2013/14 budgeted expenditures of $146,000; and 7) Forward to the Commission for final action. Western Riverside County Programs and Projects Committee November 25, 2013 Page 5 12. AGREEMENT WITH ALL AMERICAN ASPHALT FOR THE CONSTRUCTION OF STATE ROUTE 74 CURVE WIDENING FROM CALVERT AVENUE TO CALIFORNIA AVENUE IN THE COUNTY OF RIVERSIDE NEAR THE CITY OF HEMET Page 50 Overview This item is for the Committee to: 1) Approve Agreement No. 13-31-139-00 to All American Asphalt (All American) for the construction of State Route 74 Curve widening project from Calvert Avenue to California Avenue in the county of Riverside near the city of Hemet in the amount of $1,970,005, plus a contingency amount of $197,000 for potential change orders and supplemental work during construction, for a total amount not to exceed $2,167,005; 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement behalf of the Commission; 3) Authorize the Executive Director to approve contingency work up to the total authorized amount as may be required for the project; 4) Authorize the Executive Director to enter into agreements, or amendments to existing agreements, as determined appropriate, with the state of California (State) for an amount not to exceed $120,000 for Construction Zone Enhanced Enforcement Program (COZEEP), and state furnished materials, and other items; and 5) Forward to the Commission for final action. 13. COMMISSIONERS / STAFF REPORT Overview This item provides the opportunity for the Commissioners and staff to report on attended and upcoming meeting/conferences and issues related to Commission activities. 14. ADJOURNMENT AGENDA ITEM 5 MINUTES RIVERSIDE COUNTY TRANSPORTATION COMMISSION WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE Monday, September 23, 2013 MINUTES 1. CALL TO ORDER The meeting of the Western Riverside County Programs and Projects Committee was called to order by Chair Andrew Kotyuk at 1:33 p.m., in the Board Room at the County of Riverside Administrative Center, 4080 Lemon Street, First Floor, Riverside, California, 92501. 2. PLEDGE OF ALLEGIANCE At this time, Commissioner Marion Ashley led the Western Riverside County Programs and Projects Committee in a flag salute. 3. ROLL CALL Members/Alternates Present Marion Ashley Ben Benoit Daryl Busch Berwin Hanna Kevin Jeffries* Frank Johnston Andrew Kotyuk Tom Owings Adam Rush* Karen Spiegel *arrived after the meeting was called to order. 4. PUBLIC COMMENTS Members Absent Bob Botts Scott Mann There were no requests to speak from the public. RCTC WRC Programs and Projects Committee Minutes September 23, 2013 Page 2 5. APPROVAL OF MINUTES — AUGUST 26, 2013 M/S/C (Ashley/Johnston) to approve the minutes as submitted. 6. ADDITIONS/REVISIONS There were no additions or revisions to the agenda. At this time, Commissioner Kevin Jeffries joined the meeting. 7. AMENDMENT NO. 11 TO AGREEMENT NO. 06-66-027-00 FOR ON -CALL STRATEGIC PARTNERSHIP ADVISOR SERVICES WITH PARSONS BRINCKERHOFF, INC. David Thomas, Toll Project Manager, presented the scope of the amendment with Parsons Brinckerhoff, Inc. for on -call strategic partnership advisor services. M/S/C (Hanna/Johnston) to: 1) Approve Agreement No. 06-66-027-22, Amendment No. 11 to Agreement No. 06-66-027-00, with Parsons Brinckerhoff, Inc. (PB) for on -call strategic partnership advisor services to continue providing services for the proposed State Route 91 and Interstate 15 corridor improvement projects by extending the contract term of performance to June 30, 2017, and augmenting Agreement No. 06-66-027-00 by $1.5 million; 2) Authorize the Executive Director, or designee, to execute task orders under the terms of this agreement; 3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; and 4) Forward to the Commission for final action. 8. CITY OF MORENO VALLEY REPROGRAMMING REQUEST Shirley Medina, Planning and Programming Director, presented the reprogramming request from the city of Moreno Valley. M/S/C (Ashley/Johnston) to: 1) Approve the request by the city of Moreno Valley (Moreno Valley) to reprogram Transportation Uniform Mitigation Fee (TUMF) Regional Arterial program savings in the amount of $1.6 million from Perris Boulevard widening project from Cactus Avenue to Perris Valley Storm RCTC WRC Programs and Projects Committee Minutes September 23, 2013 Page 3 Drain (PVSD) Lateral "B" to the Perris Boulevard widening project from Ironwood Avenue to Manzanita Avenue; 2) Approve Agreement No. 06-72-041-02, Amendment No. 2 to Agreement No. 06-72-041-00, with Moreno Valley to add TUMF in the amount of $1.6 million for construction funding; 3) Approve Agreement No. 12-72-059-01, Amendment No. 1 to Agreement No. 12-72-059-00, with Moreno Valley to reduce construction funding by $1.6 million as a result of project savings; 4) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreements on behalf of the Commission; and 5) Forward to the Commission for final action. At this time, Commissioner Adam Rush joined the meeting. 9. AWARDS FOR CONSTRUCTION FREEWAY SERVICE PATROL TOW TRUCK SERVICE DURING THE CONSTRUCTION OF THE STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT Brian Cunanan, Commuter and Motorist Assistance Manager, presented the scope of the agreement for freeway service patrol tow truck service during the construction of the State Route 91 Corridor Improvement Project (SR -91 CIP). In response to Commissioner Rush's question regarding alternative fuels, Brian Cunanan responded that one of the operators did not have enough time to procure a CNG vehicle. The Commission will build added time for procurement into future RFPs. Brian Cunanan clarified for Anne Mayer, Executive Director, that the CNG vehicles are not required by the Commission's FSP program. They are a South Coast Air Quality Management District requirement. The Commission is looking into different factors that would apply to the Commission's FSP program. Commissioner Rush expressed his concerns about fuel compliance. Anne Mayer noted this discussion of emissions has come up on various projects and the Commission has been careful about how it approaches the subject. M/S/C (Busch/Rush) to: 1) Award Agreement No. 14-45-009-00 to Steve's Towing (Steve's) for construction Freeway Service Patrol (Construction FSP) tow truck services on State Route 91 Corridor Improvement Project (SR -91 CIP) Beat No. 1 for a three-year term, in an amount not to exceed $2,220,000; RCTC WRC Programs and Projects Committee Minutes September 23, 2013 Page 4 2) Award Agreement No. 14-45-028-00 to Steve's for Construction FSP tow truck services on SR -91 CIP Beat No. 2 for a three-year term, in an amount not to exceed $1,480,000; 3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreements on behalf of the Commission; and 4) Forward to the Commission for final action. 10. FISCAL YEAR 2013/14 AGREEMENTS FOR REGIONAL RIDESHARE SERVICES Brian Cunanan presented the scope of the FY 2013/14 agreements for regional rideshare services. M/S/C (Johnston/Rush) to: 1) Approve Agreement No. 14-41-031-00 with the San Bernardino Associated Governments (SANBAG) as part of the Commission's continuing bi-county partnership with SANBAG to deliver commuter/employer rideshare services, regional ridematching services, and operation of the Inland Empire 511 (1E511) system for FY 2013/14 for an amount not to exceed $1.9 million; 2) Approve the following FY 2013/14 agreements for regional ridematching services: a) Agreement No. 09-41-075-04, Amendment No. 4 to Agreement No. 09-41-075-00, with the Los Angeles County Metropolitan Transportation Authority (Metro) for an amount not to exceed $196,243; b) Agreement No. 11-41-139-03, Amendment No. 3 to Agreement No. 11-41-139-00, with the Orange County Transportation Authority (OCTA) for an amount not to exceed $59,566; and c) Agreement No. 06-41-082-08, Amendment No. 8 to Agreement No. 06-41-082-00, with the Ventura County Transportation Commission (VCTC) for an amount not to exceed $16,198; 3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreements on behalf of the Commission; and 4) Forward to the Commission for final action. 11. AMENDMENT TO COMMISSION'S RAIL PROGRAM SHORT RANGE TRANSIT PLANS Henry Nickel, Staff Analyst, presented the amendment to the Commission's Rail Program Short Range Transit Plan. M/S/C (Busch/Ashley) to: RCTC WRC Programs and Projects Committee Minutes September 23, 2013 Page 5 1) Amend the Commission's Commuter Rail Program's FY 2009/10 and FY 2011/12 Short Range Transit Plans (SRTPs), as follows: a) Add the station upgrade project to the FY 2011/12 SRTP; b) Reallocate $295,568 of FY 2008/09 Proposition 1B Public Transportation Modernization, Improvement, and Service Enhancement Account (PTMISEA) funds in the FY 2009/10 SRTP plus accrued interest from the Perris Multimodal Transit Center to the station upgrade project in the FY 2011/12 SRTP; c) Reallocate $1.9 million of FY 2010/11 Proposition 1B PTMISEA funds from the Perris Valley Line Closed Circuit Television (CCTV) project to the station upgrade project; and d) Allocate $554,941 of FY 2010/11-2012/13 Proposition 1B PTMISEA funds from the Perris Valley Line CCTV project to the station upgrade project; 2) Approve budget adjustments of $194,941 to increase revenues and $490,509 to increase expenditures; and 3) Forward to the Commission for final action. 12. COMMISSIONERS / STAFF REPORT 12A. Anne Mayer announced the Commission formed an ad hoc committee to address the process of TUMF developer reimbursements. 13. ADJOURNMENT AND NEXT MEETING There being no further business for consideration by the Western Riverside County Programs and Projects Committee, the meeting was adjourned at 1:59 p.m. The next meeting of the Western Riverside County Programs and Projects Committee is scheduled for October 28, 2013, at 1:30 p.m. Respectfully submitted, Jennifer Harmon Clerk of the Board AGENDA ITEM 7 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: November 25, 2013 TO: Western Riverside County Programs and Projects Committee FROM: David Thomas, Toll Project Manager THROUGH: Michael Blomquist, Toll Program Director SUBJECT: Utility Agreements with Sprint Communications Company, Level 3 Communications, AT&T, and Various Utility Companies for Final Engineering and Construction for Utility Relocations for the State Route 91 Corridor Improvement Project STAFF RECOMMENDATION: This item is for the Committee to: 1) Approve the following agreements for final engineering and construction for utility relocations for the State Route 91 Corridor Improvement Project (SR -91 CIP): a) Agreement No. 14-31-051-00 with Sprint Communications Company (Sprint); b) Agreement No. 14-31-052-00 with Level 3 Communications (Level 3); and c) Agreement No. 13-31-045-17, Amendment No. 1 to Agreement No. 13-31-045-00, with AT&T; for a combined amount of $2,410,000, plus a contingency amount of $241,000 (10 percent), for a total amount not to exceed $2,651,000; 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreements on behalf of the Commission; 3) Authorize the Executive Director to approve contingency work up to the total authorized amount as may be required for these utility relocation agreements for final engineering and construction; 4) Authorize the Executive Director to execute utility agreements and expend previously approved funds for necessary but currently unidentified utility relocation work provided the total cost of all utility relocation work with currently identified or yet to be identified utility companies is within previously approved amounts, inclusive of this new budget request, for SR -91 CIP utility work in the amount not to exceed $24,263,000; and 5) Forward to the Commission for final action. BACKGROUND INFORMATION: Staff continues to work toward timely completion of the SR -91 CIP to widen SR -91 through the city of Corona and extend the 91 Express Lanes. The environmental phase was completed in 2012. The design -build contract has since been awarded and the SR -91 CIP is scheduled to commence construction activities in 2014. Agenda Item 7 1 At its September 2011 meeting, the Commission authorized the Executive Director to execute agreements with AT&T, Questar, Southern California Edison (SCE), and Southern California Gas Co. (SoCalGas) for advanced engineering and procurement to better define the utility relocation requirements for the SR -91 CIP. These agreements allowed staff to work directly with the utility owners to refine relocation requirements and duration schedules that were important to advance the SR -91 CIP utility relocation work. At its November 2012 meeting, the Commission authorized the Executive Director to execute utility agreements with AT&T, Questar, SCE, and SoCalGas for final engineering and construction. These previous authorizations are summarized in Table 1. TABLE 1 Previously Authorized Funds for Utility Relocations Utility Company September 2011 Authorization November 2012 Authorization Combined Authorization SCE $ 1,050,000 $ 12,600,500 $ 13,650,500 AT&T 650,000 2,967,500 3,617,500 SoCalGas 260,000 626,750 886,750 Questar 110,000 1,271,000 1,381,000 Contingency 330,000 1,746,250 2,076,250 TOTAL $ 2,400,000 $ 19,212,000 $ 21,612,000 Staff, working through its project and construction manager (PCM) and design -builder, as well as working with utility owners, has identified two new utility owners impacted by the SR -91 CIP: Sprint and Level 3. Furthermore, staff and its PCM and design -builder have identified additional AT&T relocations required for the SR -91 CIP. The estimated costs for all newly identified utility relocations are shown in Table 2. TABLE 2 Newly Identified Utility Relocation Costs Utility Company Number of Relocations Estimated Total Costs Estimated Utility Cost Share Estimated RCTC Cost Share Sprint 1 $ 210,000 $ 0 $ 210,000 Level 3 2 1,000,000 0 1,000,000 AT&T (additional) 2 1,200,000 0 1,200,000 TOTAL 5 $ 2,410,000 $ 0 $ 2,410,000 Staff is seeking authorization to execute new agreements with Sprint and Level 3 and an amendment to the existing AT&T agreement for the costs identified in Table 2 including a 10 percent contingency of $241,000 for a total not to exceed $2,651,000. Staff also recognizes the possibility of locating additional utility conflicts with currently identified or yet to be identified utility companies requiring future utility agreements as construction progresses for the SR -91 CIP. Timely execution of these future utility agreements and authority to expend funds for relocation work is critical to minimize delays to the SR -91 CIP. Agenda Item 7 2 Therefore, staff is seeking authority for the Executive Director to execute utility agreements and expend previously authorized funds for necessary future utility relocation work provided the cost of all utility relocation work is within authorized amounts for SR -91 CIP utility relocation work, as summarized below: Commission Action Date September 2011 November 2012 December 2013 (pending) Total Authorized Amount $ 2,400,000 19, 212, 000 2,651,000 $ 24,263,000 Financial Information In Fiscal Year Budget: N/A Year: FY 2014/15 Amount: $2,651,000 Source of Funds: 2009 Measure Highway and Debt A Western Proceeds County Budget Adjustment: N/A GLA No.: 003028 81401 00000 0000 262 31 81401 Fiscal Procedures Approved: v-ov-ud«_4. Date: 11/16/2013 Attachments: Sample Utility Agreement Agenda Item 7 3 RIVERSIDE COUNTY TRANSPORTATION COMMISSION UTILITY AGREEMENT (RCTC AGREEMENT NO: 14-31-XXX-00) Page 1 of 5 DISTRICT COUNTY ROUTE POST MILE EA 08 Riv 91 12-Ora-91-R14.4/R18.9; OF540 08-Riv-91-R0.00/11.6; 08-Riv-15-37.61R42.9 FEDERAL AID NUMBER OWNER'S FILE NUMBER N/A N/A FEDERAL PARTICIPATION On the project ® YES ❑ NO On the Utilities ❑ YES ® NO UTILITY AGREEMENT NO. DATE The Riverside County Transportation Commission, herein after called "RCTC", proposes to widen existing SR 91 from the Orange County/Riverside County line to the SR 91/1-15 interchange in the City of Corona in Riverside County and hereinafter called "OWNER," owns and maintains underground fiber optic communications line along State Route 91 within the limits of RCTC's project which requires relocation of underground fiber optic facilities along State Route 91 to accommodate RCTC's project It is hereby mutually agreed that: WORK TO BE DONE In accordance with Notice to Owner No. XXXXX, dated XXXX XX, 2013, OWNER shall relocate an underground fiber optic communications line located along . All work shall be performed substantially in accordance with OWNER's Plan No. XXXX consisting of 1 sheet, a copy of which is on file at the District office of the Department of Transportation, at 464 W. 4th Street, San Bernardino CA 92401-1400 and the Riverside County Transportation Commission, at 4080 Lemon Street, Riverside, Ca. 92502-2208. Deviations from the OWNER's plan described above initiated by either RCTC or the OWNER, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by RCTC and agreed to/acknowledged by the OWNER, will constitute an approved revision of the OWNER's plan described above and are hereby made a part hereof. No work under said deviation shall commence prior to written execution by the OWNER of the Revised Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in addition to the revised Notice to Owner. 4 RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC AGREEMENT NO. 14-31-XXX-00) UTILITY AGREEMENT (Cont.) II. LIABILITY FOR WORK Page 2 of 5 Existing facilities are located in their present position pursuant to rights equivalent to those of RCTC and will be relocated at RCTC expense. III PERFORMANCE OF WORK OWNER agrees to perform the herein described work with its own forces or to cause the herein described work to be performed by the OWNER's contractor, employed by written contract on a continuing basis to perform work of this type, and to provide and furnish all necessary labor, materials, tools, and equipment required therefore, and to prosecute said work diligently to completion. Use of out-of-state personnel (or personnel requiring lodging and meal "per diem" expenses) will not be allowed without prior written authorization by RCTC's representative. Requests for such permission must be contained in OWNER's estimate of actual and necessary relocation costs. OWNER shall include an explanation why local employee or contract labor is not considered adequate for the relocation work proposed. Per Diem expenses shall not exceed the per diem expense amounts allowed under the State's Department of Personnel Administration travel expense guidelines. Pursuant to Public Works Case No. 2001-059 determination by the California Department of Industrial Relations dated October 25, 2002, work performed by OWNER's contractor is a public work under the definition of Labor Code Section 1720(a) and is therefore subject to prevailing wage requirements, as applicable. OWNER shall verify compliance with this requirement in the administration of its contracts referenced above. IV. PAYMENT FOR WORK RCTC shall pay its share of the actual and necessary cost of the herein described work within 45 days after receipt of five (5) copies of OWNER's itemized bill, signed by a responsible official of OWNER's organization and prepared on OWNER's letterhead, compiled on the basis of the actual and necessary cost and expense incurred and charged or allocated to said work in accordance with the uniform system of accounts prescribed for OWNER by the California Public Utilities Commission, Federal Energy Regulatory Commission or Federal Communications Commission, whichever is applicable. It is understood and agreed that RCTC will not pay for any betterment or increase in capacity of OWNER's facilities in the new location and that OWNER shall give credit to RCTC for the "used life" or accumulated depreciation of the replaced facilities and for the salvage value of any material or parts salvaged and retained or sold by OWNER. Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit progress bills for costs incurred not to exceed OWNER's recorded costs as of the billing date less estimated credits applicable to completed work. Payment of progress bills not to exceed the amount specified below may be made under the terms of this Agreement. Payment of progress bills which exceed the amount of this Agreement may be made after 5 RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC AGREEMENT NO. 14-31-XXX-00) UTILITY AGREEMENT (Cont.) Page 3 of 5 receipt and approval by RCTC of documentation supporting the cost increase and after an Amendment to this Agreement has been executed by the parties to this Agreement. The OWNER shall submit a final bill to RCTC within 360 days after the completion of the work described in Section I above. If RCTC has not received a final bill within 360 days after notification of completion of OWNER's work described in Section I of this Agreement, and RCTC has delivered to OWNER fully executed Director's Deeds, Consents to Common Use or Joint Use Agreements as required for OWNER's facilities, RCTC will provide written notification to OWNER of its intent to close its file within 30 days. OWNER hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned. If RCTC processes a final bill for payment more than 360 days after notification of completion of OWNER's work, payment of the late bill may be subject to allocation and/or approval by the California Transportation Commission. The final billing shall be in the form of an itemized statement of the total costs charged to the project, less the credits provided for in this Agreement, and less any amounts covered by progress billings. However, RCTC shall not pay final bills which exceed the estimated cost of this Agreement without documentation of the reason for the increase of said cost from the OWNER and approval of documentation by RCTC. Except, if the final bill exceeds the OWNER's estimated costs solely as the result of a revised Notice to Owner as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation. In either case, payment of the amount over the estimated cost of this Agreement may be subject to allocation and/or approval by the California Transportation Commission. In any event if the final bill exceeds 125% of the estimated cost of this Agreement, an Amended Agreement shall be executed by the parties to this Agreement prior to the payment of the OWNER'S final bill. Any and all increases in costs that are the direct result of deviations from the work described in Section I of this Agreement shall have the prior concurrence of RCTC. Detailed records from which the billing is compiled shall be retained by the OWNER for a period of three years from the date of the final payment and will be available for audit by State and/or Federal auditors. Owner agrees to comply with Contract Cost Principles and Procedures as set forth in 48 CFR, Chapter 1, Part 31, et seq., 23 CFR, Chapter 1, Part 645. If a subsequent State and/or Federal audit determines payments to be unallowable, OWNER agrees to reimburse RCTC upon receipt of RCTC billing. V. GENERAL CONDITIONS All costs accrued by OWNER as a result of RCTC's request of December 9, 2011 to review, study and/or prepare relocation plans and estimates for the project associated with this Agreement may be billed pursuant to the terms and conditions of this Agreement. If RCTC's project which precipitated this Agreement is canceled or modified so as to eliminate the necessity of work by OWNER, RCTC will notify OWNER in writing and RCTC reserves the right to terminate this Agreement by Amendment. The Amendment shall provide mutually acceptable terms and conditions for terminating the Agreement. 6 RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC AGREEMENT NO. 14-3 1-XXX-00) UTILITY AGREEMENT (Cont.) Page 4 of 5 OWNER shall submit a Notice of Completion to RCTC within 30 days of the completion of the work described herein. It is understood that said highway is a Federal aid highway and accordingly, 23 CFR, Chapter 1, Part 645 is hereby incorporated into this Agreement. THE ESTIMATED COST TO RCTC FOR THE ABOVE DESCRIBED WORK IS $90,000.00. 7 RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC AGREEMENT NO. 14-31-XXX-00) UTILITY AGREEMENT (Cont.) Page 5 of 5 SIGNATURE PAGE TO UTILITY AGREEMENT NUMBER 23246 IN WITNESS WHEREOF, the above parties have executed this SR -91 CIP Agreement the day and year above written. RCTC: OWNER: Sprint Communications Company L.P. By By Riverside County Transportation Commission / Date NAME Date Title APPROVED AS TO FORM: BEST BEST & KRIEGER LLP By General Counsel Riverside County Transportation Commission APPROVAL RECOMMENDED: By Yvette Kirrin Date Utility Coordinator SouthStar Engineering & Consulting, Inc. 8 AGENDA ITEM 8 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: November 25, 2013 TO: Western Riverside County Programs and Projects Committee FROM: David Thomas, Toll Project Manager THROUGH: Michael Blomquist, Toll Program Director SUBJECT: Construction Agreement with Dalke & Sons Construction, Inc. for State Route 91 Corridor Improvement Project Right of Way Property Mitigation Package 2 STAFF RECOMMENDATION: This item is for the Committee to: 1) Award Agreement No. 14-31-022-00 to Dalke & Sons Construction, Inc. (Dalke & Sons) for the construction of State Route 91 Corridor Improvement Project (SR -91 CIP) right of way (ROW) Property Mitigation Package 2 in the amount of $1,297,680, plus a contingency amount of $129,768, for a total amount not to exceed $1,427,448; 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; 3) Authorize the Executive Director to approve contingency work pursuant to the agreement terms up to the total amount; and 4) Forward to the Commission for final action. BACKGROUND INFORMATION: At its May 2013 meeting, the Commission approved the award of Agreement No. 12-31-113-00 to Atkinson/Walsh, a Joint Venture (AWJV), for the design and construction of the SR -91 CIP, which widens the SR -91 through Corona, extends the existing 91 Express Lanes from the Orange County line to 1-15, and constructs other general purpose lane and toll express lane improvements within the corridor. Subsequent to this approval, AWJV has been issued the full Notice to Proceed (NTP 2), in accordance the design -build contract and is currently proceeding with final design and construction of the SR -91 CIP. Additionally at its May 2013 meeting, the Commission approved Agreement No. 09-31-081-03, Amendment No. 3 to Agreement No. 09-31-081-00, with Parsons Transportation Group, Inc. (Parsons) to further expand the project and construction management (PCM) services to support the SR -91 CIP design -build contract. This expanded scope included providing ROW mitigation design services for certain properties affected by the SR -91 CIP. ROW mitigation design services are needed to reconfigure partially acquired properties to maximize the utility and minimize business impacts to the property owner. Agenda Item 8 9 Following the Commission's approval, Parsons was given authorization by staff to begin ROW mitigation design in June 2013. The mitigation properties were divided into five separate design packages based on complexity of work and commitment dates set forth in the SR -91 CIP design -build contract. Throughout the design process, staff offered property owners the opportunity to review and provide comments or concerns to the designs as they were developed. Input received from the property owners was taken into consideration and incorporated into the designs to the extent feasible and possible. Properties originally identified in mitigation design Package 1 were subsequently determined not to require mitigation through negotiations with the property owners and, accordingly, were removed from Parsons' scope of services. Package 2, the first ROW mitigation design package completed and ready for construction, consists of two properties: 2410 Wardlow Road (Wardlow Property) and 1215 Pomona Road (Ellestad Property). The general scope of this property mitigation involves the partial removal and reconstruction of the existing building facades and reconfiguration of the sites to accommodate the additional ROW required for the SR -91 CIP. The issuance of a NTP for construction of ROW Property Mitigation Package 2 will only be given once full rights to the properties are received. Staff is currently working through the acquisition process for the properties and anticipates receiving full rights in March 2014. On October 4, 2013, the Commission advertised ROW Property Mitigation Package 2 for construction bids. On November 7, 2013, five bids were received and publicly opened. A summary of the bids received is shown in Table A. Table A SR -91 CIP ROW Property Mitigation and Construction Services (Package 2) Bid Summary Firm (In order from low bid to high bid) Bid Amount Engineer's Estimate $2,866,953 1 Dalke & Sons Construction, Inc. $1,297,680 2 JRH Construction Company, Inc. $1,696,967 3 Construct 1 One, Corporation $1,775,546 4 Sean Malek $2,060,000 5 Young Contractors, Inc. $2,405,000 The basis for award for a public works contract is the lowest responsive and responsible bidder as defined by the Commission procurement policy and state law. The bid price submitted by Dalke & Sons was 55 percent lower than the engineer's estimate for construction. Agenda Item 8 10 Federally funded contracts administered by the Commission are subject to the requirements of the Code of Federal Regulations, Part 26, Title 49 entitled Participation by Disadvantaged Business Enterprises (DBE) in Department of Transportation Financial Assistance Programs. Pursuant to the relevant federal DBE provisions, the Commission established a 6.7 percent DBE participation goal in the construction bid advertisement for this project. Only a bidder meeting the established DBE goal for this project can be considered fully responsive to the bid requirements. To meet this requirement, bidders must either achieve the DBE goal, or, alternatively, meet the good faith efforts (GFE) requirement set forth in the invitation for bid. The low bidder, Dalke & Sons, could not meet the 6.7 percent DBE goal; however, its GFE demonstrated adequate efforts were made to subcontract with DBE firms. After analyzing the three lowest bids per the Federal Highway Administration (FHWA)/Caltrans analysis process, staff and Parsons concluded the Dalke & Sons bid in the amount of $1,297,680 is the lowest responsible and responsive bid received for the project. Staff recommends award of Agreement No. 14-31-022-00 for the construction of the project to Dalke & Sons in the amount of $1,297,680, plus a contingency amount of $129,768, to fund potential change orders and supplemental work, for a total amount not to exceed $1,427,448. Financial Information In Fiscal Year Budget: Yes Year: FY 2013/14 Amount: $1,427,448 Source of Funds: 2009 Measure A Western County Highway and Debt Proceeds Budget Adjustment: No GLA/Project Accounting No.: 003028 81401 00000 0000 262 31 81401 Fiscal Procedures Approved: v/4 -€4,-/-,4,,f Date: 11/16/2013 Attachment: Draft Agreement No. 14-31-022-00 Agenda Item 8 11 CONTRACT FOR CONSTRUCTION THIS CONTRACT is made this day of , 20_, in the County of , State of California, by and between the Riverside County Transportation Commission, hereinafter called Commission, and Dalke & Sons Construction, Inc., hereinafter called Contractor. The Commission and the Contractor for the considerations stated herein agree as follows: ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all work within the time stipulated in the Contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following work: CONSTRUCTION SERVICES TO DEMOLISH, REPAIR, REMODEL, RE- CONSTRUCT AND/OR MITIGATE TWO (2) RIGHT OF WAY (ROW) PROPERTIES FOR THE STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT - PACKAGE 2 (hereinafter "Project") The Contractor and its surety shall be liable to the Commission for any damages arising as a result of the Contractor's failure to comply with this obligation. ARTICLE 2. CONTRACT TIME. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the Commission's Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within ONE HUNDRED FIFTY (150) CALENDAR DAYS calendar days from the commencement date stated in the Notice to Proceed, hereafter the Contract Time. Contractor shall further complete elements of the work related to the Ellestad property (CPN 22181) and the Wardlow property (CPN 22124) within the following milestone dates and shall not proceed with the remaining work on either property until such milestones are complete: Milestone 1 - Ellestad Property (CPN 22181): NTP + 45 Ca/endar Days - Complete all contract work scope within the areas between the existing Caltrans Right of Way and the proposed City of Corona Right of Way lines. Provide access to aforementioned areas for use by SR -91 CIP Design -Build Contractor. Milestone 2- Wardlow Property (CPN 22124): NTP + 75 Calendar Days - Complete all contract work scope within the areas between the existing and proposed Caltrans Right of Way lines. Provide access to aforementioned areas for use by SR -91 CIP Design -Build Contractor. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. 112 ARTICLE 3. CONTRACT PRICE. The Commission shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of One Million Two Hundred Ninety Seven Thousand Six Hundred Eighty dollars ($1,297,680), hereinafter, the Contract Price. Payment shall be made as set forth in the General Conditions. ARTICLE 4. LIQUIDATED DAMAGES. In accordance with Government Code Section 53069.85, it is agreed that the contractor will pay the Commission the sum of One Thousand Four Hundred Dollars ($1,400) for each and every calendar day of delay in completing the Work beyond the Contract Time, as liquidated damages and not as a penalty or forfeiture. In the event this is not paid, the contractor agrees the Commission may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents. In anticipation of, and compliance with, the provisions of California Public Contract Code § 7102 and because it is agreed that the Contractor and the Commission that actual damages are impracticable and extremely difficult to ascertain, if the Contractor is delayed in completing the work due solely to the fault of the Commission, and where such delay is unreasonable under the circumstances and not contemplated by the parties, the Contractor shall be entitled to the appropriate time extension and to payment of liquidated damages in the sum of One Thousand Four Hundred Dollars ($1,400) for each and every calendar day of delay. The Contractor expressly agrees to be limited solely to the liquidated damages for all such delays as defined in this subsection. ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The "Contract Documents" include only the following documents, each of which is incorporated into this Agreement by reference: Notice Inviting Bids Instructions to Bidders Contractor's Bid Forms Contractor's Certificate Regarding Workers' Compensation Bid Bond Designation of Subcontractors Information Required of Bidders Non -Collusion Declaration form Iran Contracting Act Certification Contract Performance Bond Payment (Labor and Materials) Bond General Conditions Special Provisions (or Special Conditions) Federal Requirements Technical Specifications prepared by Parsons Transportation Group and dated September 27, 2013 Greenbook Standard Specifications (Excluding Sections 1-9 in their entirety) City of Corona Public Works Department Standard Plans and Special Provisions Addenda 123 Plans and Contract Drawings Approved and fully executed change orders The Contactor shall complete the Work in strict accordance with all of the Contract Documents. All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties, whether written or oral. The Contract can be modified only by a written Change Order executed in accordance with the Contract Documents. ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work. ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the General Conditions. ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay not less than the prevailing rate of wages in accordance with the Labor Code, which rates have been determined by the Director of the California Department of Industrial Relations and shall be made available at the Offices of the Commission or may be obtained online at http//www.dir.ca.gov/dlsr. The wage rates must be posted at the job site. IN WITNESS WHEREOF, this Contract has been duly executed by the above -named parties, on the day and year above written. [SIGNATURES ON FOLLOWING PAGE] 134 Riverside County Transportation Commission By: Dalke & Sons Construction, Inc. By: Signature Signature Name Name Title Attest: Title 612500 License Number Attest: By: Commission Clerk Approved as to form: Signature Its: Secretary Name Title PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, (hereinafter referred to as "Commission") has awarded to , (hereinafter referred to as the "Contractor") an agreement for (hereinafter referred to as the "Project"). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated , (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by the Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of the Contract Documents. NOW, THEREFORE, we, the undersigned Contractor and as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the Commission in the sum of DOLLARS, ($ ), the sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the Commission, its officers and agents, as stipulated in the Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the guarantee obligation shall hold good for a period of one (1) year after the acceptance of the work by Commission, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the Commission from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the Commission's rights or the Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees including reasonable attorney's fees, incurred by Commission in enforcing such obligation. Whenever Contractor shall be, and is declared by the Commission to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the Commission's option: 1. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or 2. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the Commission, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the Commission under the Contract and any modification thereto, less any amount previously paid by the Commission to the Contractor and any other set offs pursuant to the Contract Documents. 3. Permit the Commission to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the Commission under the Contract and any modification thereto, less any amount previously paid by the Commission to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the Commission may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the COMMISSION, when declaring the Contractor in default, notifies Surety of the Commission's objection to Contractor's further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project. [Remainder of Page Left Intentionally Blank.] IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20 . CONTRACTOR/PRINCIPAL Name By: SURETY: By: Attorney -In -Fact Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. The rate of premium on this bond is per thousand. The total amount of premium charges, $ (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California) 178 NOTE: A copy of the Power -of -Attorney to local representatives of the bonding company must be attached hereto. ACKNOWLEDGMENT State of California County of On before me, (insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL MEN BY THESE PRESENTS that: WHEREAS, the Riverside County Transportation Commission (hereinafter designated as the "Commission"), by action taken or a resolution passed , 20 has awarded to hereinafter designated as the "Principal," a contract for the work described as follows: (the "Work"); and WHEREAS, Principal is required to furnish a bond in connection with the contract described above; providing that if Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and as Surety, are held and firmly bound unto the Commission in the penal sum of Dollars ($ ) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the Commission in such suit, including reasonable attorneys' fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or -9- 20 modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the Commission and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of Section 2819 and 2845 of the California Civil Code. [Remainder of Page Left Intentionally Blank.] -10- 21 IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the day of 20 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. (Corporate Seal of Principal, if corporation) Principal (Property Name of Contractor) By: (Signature of Contractor) (Seal of Surety) Surety By: Attorney in Fact Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A copy of the Power -of -Attorney to local representatives of the bonding company must be attached hereto -11- 22 ACKNOWLEDGMENT State of California County of On before me, (insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) -12- 23 AGENDA ITEM 9 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: November 25, 2013 TO: Western Riverside County Programs and Projects Committee FROM: Shirley Medina, Planning and Programming Director THROUGH: John Standiford, Deputy Executive Director SUBJECT: Funding Request from the City of Corona for the Foothill Parkway Extension Project STAFF RECOMMENDATION: This item is for the Committee to: 1) Approve $21 million of 2009 Measure A Regional Arterial (MARA) Western County funds for the construction phase of the Foothill Parkway extension project in the city of Corona (Corona); 2) Approve Agreement No. 12-72-093-02, Amendment No. 1 to Agreement No. 12-72-093-00, to add $21 million of MARA funds and increase the total MARA funds from $7 million to $28 million; 3) Authorize the Chair or Executive Director pursuant to legal counsel review, to execute the agreement on behalf of the Commission; and 4) Forward to the Commission for final action. BACKGROUND INFORMATION: Corona submitted the Foothill Parkway extension project for the Commission's 2013 Multi - Funding Call for Projects, which includes federal Congestion Mitigation and Air Quality and Surface Transportation Program funds and local MARA funds. The project has been advertised and received bids. The project is experiencing a funding shortfall and is requesting $21 million of MARA funds. The project has completed its California Environmental Quality Act document, but it does not have a National Environmental Protection Agency document, and therefore, is ineligible for federal funding and only qualifies for MARA funds. The Commission previously committed $7 million in MARA and $7 million in Proposition 1B State -Local Partnership Program (SLPP) funds, which will expire if not awarded in the next few months. In addition, the construction bid will expire on December 18, 2013. Although the project qualifies for Transportation Uniform Mitigation Fee regional arterial funds, there are insufficient funds available for programming construction. The first multi -funding call for projects evaluation meeting took place on November 6, 2013. Projects were scored by an evaluation committee comprised of Technical Advisory Committee Agenda Item 9 24 members for Regional Significance, Safety, Project Readiness, and Local Match. The remaining criteria (Air Quality, Cost -Benefit, and Regional Transportation Plan/Sustainability Communities Strategy Consistency) are being evaluated by a consultant using models that will provide quantifiable results. A second evaluation meeting is being scheduled in December to evaluate the results of the remaining criteria and complete the rankings. Per the initial project evaluations, this project is the second highest ranked project. The evaluation committee expressed concern regarding the potential loss of SLPP funds and bid expiration for Foothill Parkway and recommended approval of this project for MARA funds ahead of the full award of the 2013 Multi -Funding Call for Projects programming recommendations. That action will be presented to the Commission at its January 8, 2014 meeting, which takes place after the bid expiration. Staff supports programming MARA funds for the project, as this request is consistent with the Commission's priority to program MARA funds for eligible projects ready for construction. Financial Information In Fiscal Year Budget: N/A Year: FY 2014/15 Amount: $21,000,000 Source of Funds: 2009 Western Riverside County Measure A Regional Arterial funds Budget Adjustment: N/A GL/Project Accounting No.: 005102 81301 266 72 81301 Fiscal Procedures Approved: \I-b-4-,4,-.4),=Zgm, Date: 11/15/2013 Agenda Item 9 25 AGENDA ITEM 10 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: November 25, 2013 TO: Western Riverside County Programs and Projects Committee FROM: Shirley Medina, Planning and Programming Director THROUGH: John Standiford, Deputy Executive Director SUBJECT: 1989 Measure A Funding for County of Riverside's State Route 79 Widening Project STAFF RECOMMENDATION: This item is for the Committee to: 1) Approve $1 million of 1989 Measure A Western Riverside County Highway funds for the county of Riverside's (County) SR -79 widening project from Thompson Road to Domenigoni Parkway (SR -79 Project); 2) Approve Agreement No. 14-31-061-00 with the County for $1 million of 1989 Measure A Western County Highway funds to construct Phase 2 of the SR -79 Project; 3) Authorize the Chair or Executive Director pursuant to legal counsel review, to execute the agreement on behalf of the Commission; and 4) Forward to the Commission for final action. BACKGROUND INFORMATION: On numerous occasions, the Commission has come to the assistance of local agencies by enabling the transfer of restricted funding so a project can be funded. State and federal dollars often come saddled with restrictions that prevent the funding from being used for a smaller project, even if that project offers significant mobility and safety benefits. A case in point is the $1 million Gernert/Poarch Road pavement project. The County and the Commission have worked closely on developing this project, which is needed in an area near Box Springs Road and adjacent to the Perris Valley Line project in an unincorporated area near Riverside's East Hills and Moreno Valley. The County submitted the project for funding through the Commission's 2013 Multi -Funding Call for Projects, which consists of federal Congestion Mitigation and Air Quality and Surface Transportation Program funds and Measure A Regional Arterial (MARA) Western County funds. However, the pavement project is not eligible for the available fund sources since federal funds must be spent on roads that are on the federal functional classification system, and Gernert/Poarch Road is not identified on this system. Additionally, MARA funds are required to Agenda Item 10 26 be spent on regional arterials, not local circulation roads. In looking at the various fund sources, it was determined local funds would be the most appropriate fund source to meet the project's schedule. Staff met with County staff to review funding needs including shifting and reprogramming funds to ensure priority projects meet funding eligibility and construction schedules. It was proposed to provide $1 million of 1989 Measure A Western County Highway funds for the County's SR -79 Project, which is being constructed in phases with Phase 2 beginning earlier this year. In turn, the County will reprogram $1 million of local funds from the SR -79 Project to the Gernert/Poarch Road project. Since SR -79 is a listed project in the 1989 Western Riverside County Measure A Expenditure Plan, this is an appropriate transfer of funding. Moreover, highway and rail projects are combined in the same category of that 1989 Measure A Expenditure Plan and this is one of the last projects remaining that can be funded through the old program. While the Gernert/Poarch Road paving project should in no way be considered an essential part of the Perris Valley Line project, the combination of the paving project along with the development of the rail service will be helpful to the entire area. Financial Information In Fiscal Year Budget: No Year: FY 2013/14 Amount: $1,000,000 Source of Funds: 1989 Measure A Western County Highway funds Budget Adjustment: Yes GL/Project Accounting No.: 315114 81301 222 31 81301 Fiscal Procedures Approved: \l ,,,a,oi- Date: 11/15/2013 Agenda Item 10 27 AGENDA ITEM 11 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: November 25, 2013 TO: Western Riverside County Programs and Projects Committee FROM: Alex Menor, Capital Projects Manager THROUGH: Marlin Feenstra, Project Delivery Director SUBJECT: Amendment to Transportation Uniform Mitigation Fee Regional Arterial Agreement for the Railroad Canyon Road at Interstate 15 Interchange Project in the City of Lake Elsinore STAFF RECOMMENDATION: This item is for the Committee to: 1) Approve Agreement No. 10-72-016-02, Amendment No. 2 to Agreement No. 10-72-016-00, with the city of Lake Elsinore (Lake Elsinore) for the Railroad Canyon Road/Interstate 15 interchange project to authorize staff to complete the project approval and environmental document (PA&ED) phase with the remaining $211,382 of the $1,206,000 TUMF funds allocated to this phase and to increase the PA&ED phase funding amount by $399,000 to $1,605,000; 2) Approve Agreement No. 11-31-107-02, Amendment No. 2 to Agreement No. 11-31-107-00, with SC Engineering for the project with Lake Elsinore to authorize SC Engineering to complete the PA&ED services associated with the project in the amount of $464,000, plus an additional contingency amount of $17,000 for a total increase of $481,000, resulting in a total not to exceed amount of $705,000; 3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreements on behalf of the Commission; 4) Authorize the Executive Director to approve release of contingency work up to the total authorized amount as may be required for the project; 5) Authorize the Executive Director, pursuant to legal counsel review, to execute agreements with Caltrans to reflect non -funding changes related to the project on behalf of the Commission; 6) Approve an increase in FY 2013/14 budgeted expenditures of $146,000; and 7) Forward to the Commission for final action. BACKGROUND INFORMATION: In April 2000, Lake Elsinore initiated the I-15/Railroad Canyon interchange project to improve safety, circulation, and level of service of the interchange. In September 2003, Lake Elsinore completed the project study report. Between January 2004 and June 2005, Lake Elsinore completed interim improvements at the interchange to improve operations. In January 2006, Agenda Item 11 28 Lake Elsinore contracted with SC Engineering to prepare the required studies involved in the PA&ED phase such as the project report, preliminary engineering and environmental studies, and environmental document. In December 2008, Lake Elsinore entered into a project development cooperative agreement with Caltrans. In February 2010, the Commission entered into Agreement No. 10-72-016-00 with Lake Elsinore to provide $1 million of TUMF Regional Arterial program funds for the project's PA&ED phase. In January 2011, the city council approved a resolution requesting the Commission to assume the PA&ED phase contract with SC Engineering. In May 2011, the Commission approved Agreement No. 10-72-016-01, to increase the TUMF Regional Arterial program funds by $206,000 and Agreement No. 11-31-107-00 for the Commission to assume the SC Engineering agreement in the amount of $192,000 plus a contingency of $32,000, for a total amount not to exceed $224,000 in order to manage the completion of the PA&ED phase for the project. Currently an unexpended balance of approximately $22,000 remains on the SC Engineering contract, and the contingency of $32,000 has not yet been used. In late 2011, new requirements to analyze greenhouse gases for the air quality report and to include new 2010 census data in the community impact assessment report resulted in an additional $75,000 in out -of -scope work. Subsequently, the city council did not approve additional funds for these studies, resulting in work on the project to stop. As a result, the project's TUMF unexpended balance under Agreement No. 10-72-016-00 for PA&ED is $211,382. At the time of the work stoppage, 31 preliminary engineering and environmental technical reports had been approved, and two technical reports were not completed. The completion and approval of all 33 technical reports are required to circulate the draft environmental document for public review. DISCUSSION: Lake Elsinore has requested the Commission restart work on this Project. Commission staff met with Caltrans several times to identify the required work to complete the environmental approval for the Project. SC Engineering submitted a scope and fee of $486,000 to update identified preliminary engineering and environmental technical reports, prepare the environmental document, and complete the PA&ED phase. Lake Elsinore secured approval at its November 12, 2013, council meeting to increase the TUMF funding by $399,000 to complete the Project's PA&ED phase. The additional TUMF funds will be reprogrammed from a future right of way phase, which is supported by a subcommittee of the Technical Advisory Committee. Staff estimates that this phase can be completed in about 18 months. Commission staff reviewed SC Engineering's proposal and recommends the Commission approve this request to complete the PA&ED phase. Staff estimates that the cost to complete this phase is $610,000, comprised of $486,000 for SC Engineering plus a contingency of $49,000 Agenda Item 11 29 and Commission staff and other costs of $75,000. Therefore, staff recommends an amendment to the SC Engineering agreement as follows, after consideration of unexpended amounts: Cost Contingency Total Authorization Total cost $ 486,000 $ 49,000 $ 535,000 Unexpended balance available (22,000) (32,000) (54,000) Amendment No. 2 $ 464,000 $ 17,000 $ 481,000 As a result of approval of Amendment No. 2 to the SC Engineering agreement, the total Commission authorization for Agreement No. 11-31-107-00 will be $705,000. Lake Elsinore is proposing to amend TUMF Agreement No. 10-72-016-00 to increase the TUMF funding by $399,000 and to use the unexpended TUMF balance of $211,382 to complete the PA&ED phase, for total available funding of $610,382. The $399,000 of TUMF funds will be deducted from the right of way phase. The FY 2013/14 budget for the project includes $211,000 for engineering costs. Therefore, a budget adjustment of $146,000 is required to increase expenditures in the FY 2013/14 budget. Financial Information Yes; FY 2013/14 $200,000 revenues and $211,000 In Fiscal Year No expenditures; $146,000 expenditures* Budget: Year: Amount: N/A FY 2014/15 $199,000 revenues and expenditures Yes ($146,000* only) Source of Funds: TUMF Regional Arterial Budget Adjustment: N/A GLA 005104 416 41607 210 72 42110 $ 399,000 TUMF funding No.: 005104 81101 210 72 81101 $ 481,000 Engineering expenditures 005104 6XXXX 210 72 6XXXX $ 75,000 Commission staff and other costs Fiscal Procedures Approved: \i-b4,,,/,..,0_374_ Date: 11/16/2013 Attachments: 1) Draft TUMF Funding Amendment —Agreement No. 10-72-016-02 2) Draft SC Engineering Amendment —Agreement No. 11-31-107-02 Agenda Item 11 30 ATTACHMENT 1 Agreement No. 10-72-016-02 AMENDMENT NO. 2 TO AGREEMENT FOR THE FUNDING OF TUMF REGIONAL ARTERIAL IMPROVEMENTS WITH THE CITY OF LAKE ELSINORE FOR THE RAILROAD CANYON ROAD AT I-15 IMPROVEMENTS 1. PARTIES AND DATE This Amendment No. 2 is made and entered into as of this day of , 2013, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("Commission") and CITY OF LAKE ELSINORE ("City"). 2. RECITALS 2.1 The Commission and the City have entered into an agreement entitled "Agreement for the Funding of TUMF Regional Arterial Improvements with the City of Lake Elsinore" dated February 4, 2010 (the "Master Agreement"). The Master Agreement provides the terms and conditions, scope of work, schedule and funding amount for the Project Approval and Environmental Document ("PA&ED") Phase related to the Railroad Canyon Road at the 1-15 Improvements Project (hereinafter the "Project"). The Project is more specifically described in Exhibit "B" of the Master Agreement. 2.2 The Commission and the City have entered into an Amendment No. 1 to the Master Agreement, dated June 6, 2011, ("Amendment No. 1") for the purpose of increasing the Funding Amount and assuming the City's existing professional services agreement with SC Engineering for the PA&ED services for the Project. 2.3 The parties now desire to amend the Master Agreement in order to provide additional TUMF funding for the completion of the PA&ED Phase of the Project. 3. TERMS 3.1 The Funding Amount, as set forth in Section 3.2 of the Master Agreement, as amended by Amendment No. 1, shall be increased from One Million Two Hundred Six Thousand Dollars ($1,206,000) to One Million Six Hundred Five Thousand Dollars ($1,605,000). 1 17336.01200\8381048.2 3.2 The funding allocations identified in Exhibit "A" of the Master Agreement shall be replaced by the funding allocations identified in Exhibit "A" attached to this Amendment and incorporated herein by reference. The Funding Amount shall be utilized as specified in the attached Exhibit "A" and in accordance with the terms of the Master Agreement. 3.3 Except as amended by this Amendment, all provisions of the Master Agreement, as amended by Amendment No. 1, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the parties under this Amendment. [Signatures on following page] 2 17336.01200\8381048.2 SIGNATURE PAGE TO AGREEMENT NO. 10-72-016-02 IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date first herein above written. RIVERSIDE COUNTY CITY OF LAKE ELSINORE TRANSPORTATION COMMISSION By: By: Karen S. Spiegel, Chair Robert E. Magee, Mayor APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: Best Best & Krieger LLP Counsel to the Riverside County Transportation Commission 17336.01200\8381048.2 3 Barbara Liebold City Attorney EXHIBIT "A" FUNDING FUNDING: PHASE TUMF LOCAL TOTAL PA&ED $1,605,000 $0 $1,605,000 TOTAL $1,605,000 N/A $1,605,000 17336.01200\8381048.2 EXHIBIT "A" ATTACHMENT 2 Agreement No. 11-31-107-02 AMENDMENT NO. 2 TO AGREEMENT FOR PROFESSIONAL SERVICES WITH SC ENGINEERING FOR THE RAILROAD CANYON/DIAMOND DRIVE INTERCHANGE AT THE 1-15 FREEWAY 1. PARTIES AND DATE This Amendment No. 2 is made and entered into as of this day of , 2013, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("Commission") and REYES S. CHAVEZ, a sole proprietorship, d/b/a SC ENGINEERING ("Consultant"). 2. RECITALS 2.1 The City of Lake Elsinore ("City") and SC Engineering entered into an Agreement For Professional Services, dated December 1, 2005 (the "Master Agreement") for the purpose of retaining Consultant to prepare a Project Report and Draft Environmental Document ("PA&ED") necessary for the Railroad Canyon Road/Diamond Drive Interchange at the 1-15 Freeway (the "Project"). 2.2 The Commission and: City have entered into an Assignment and Assumption Agreement ("Assignment"), Commission Agreement No. 11- 31-107-00, for the purpose of assigning to the Commission all of the City's rights and interests in and to the Master Agreement, except as amended by this Amendment No. 1. A copy of the Assignment is on file at the offices of the Commission. 2.3 Prior to entering into Amendment No. 1, and in order to ensure the timely progression of Consultant's services, the Commission and Consultant entered into a letter agreement for certain services related to the Project (the "Letter Agreement"). The total value of the Letter Agreement is Eighteen Thousand Dollars ($18,000). 2.4 The Commission and the Consultant have entered into an Amendment No. 1 to the Master Agreement, dated June 1, 2011, for the purpose of the Letter Agreement to be replaced and superseded by the Master Agreement. 17336.00000\1514236.2 1 35 2.5 The parties now desire to amend the Master Agreement in order to revise the Scope of Services and provide additional compensation to complete the PA&ED Phase of the Project. 3. TERMS 3.1 The Scope of Services for the Master Agreement shall be amended to include Services, as that term is defined in the Master Agreement, required to complete the PA/ED phase of the project, as more fully described in Exhibit "A" attached to this Amendment and incorporated herein by reference. 3.2 The maximum compensation for Services performed pursuant to this Amendment shall be Four Hundred Eighty -Six Thousand Dollars ($486,000). Twenty -Two Thousand Dollars ($22,000) of remaining contract balance shall be applied to the services described herein. Therefore, the total not to exceed contract amount is hereby increased by Four Hundred Sixty -Four Thousand Dollars ($464,000). Work shall be performed at the rates set forth in the Master Agreement. 3.3 The total not -to -exceed amount of the Master Agreement, as amended by this Amendment No. 2, shall be increased from One Hundred Ninety -Two Thousand Dollars ($192,000) to Six Hundred Fifty -Six Thousand Dollars ($656,000) 3.4 Except as amended by this Amendment, all provisions of the Master Agreement, as amended by Amendment No. 1, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the parties under this Amendment. 17336.00000\1514236.2 [Signatures on following page] 2 36 SIGNATURE PAGE TO AGREEMENT NO. 11-31-107-02 IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date first herein above written. RIVERSIDE COUNTY TRANSPORTATION COMMISSION By: REYES S.CHAVEZ d/b/a SC ENGINEERING Karen S. Spiegel, Chair Reyes S. Chavez, President APPROVED AS TO, FORM: By: Best Best & Krieger LLP Counsel to the Riverside County Transportation Commission 17336.00000\1514236.2 3 37 E N G.1 N E E R 1 N TRANSPORTATION TRAFFIC CIVIL ENGINEERING PROJECT/CONSTRUCTION MANAGEMENT October 2, 2013 I-15/Railroad Canyon Road and I-15/Franklin Street IC Reconstruct IC and New IC Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor PO BOX 12008 Riverside, CA 92502-2208 Attention: Mr. Alex Menor Capital Projects Manager Subject: Cost to Complete Scope of Work and Fee Proposal Project Approval/Environmental Document (PA/ED) Phase Dear Mr. Menor: Per Caltrans letter to Mr. Marlin Feenstra dated June 10, 2013 and the subsequent focus meeting with Caltrans and RCTC staff on June 26, 2013 and September 26, 2013; itemized below is a detailed description of a cost to complete the PA/ED phase of the project. SCOPE OF SERVICES Engineering Services 1. Supplemental Traffic Impact Analysis (STIA) The Traffic Impact Analysis (TIA) was approved in September 2009; and the STIA were approved in March 2010, November 2010, and March 2011. Because the project has been dormant for approximately 1.5 years, Caltrans and the Federal Highway Administration require that a STIA must be prepared to address the following: a. Update the existing year 2009 traffic counts to 2013. b. Update the Phase 1 Project Failure Year. c. Update the Opening Year from 2015 to 2018. Level of Service (LOS) will be performed for intersections, Ramp Merge -Weave, Ramp Merge -Diverge, and freeway mainline. The LOS will be based on the 2000 Highway Capacity Manual Methodology. The LOS analysis will be documented in the STIA. 2. New Connection Report (NCR) The NCR was submitted to FHWA in September 2011. Comments from FHWA were provided in January 2012. As part of the NCR review, FHWA requested that a STIA be prepared to determine the Phase 1 Project Failure Year. In addition, since the project has been dormant, FHWA requires that the existing traffic data and opening year analysis be updated. Also, FHWA now requires the NCR comply with new FHWA requirements including a "Safety Analysis". The NCR will be updated to conform to all State and Federal requirements. 3. Life Cycle Cost Analysis (LCCA) The LCCA was prepared and submitted to Caltrans on October 18, 2010. Caltrans is requiring an update and re -approval of the Preliminary Material Report, thus, the recommended pavement structural section will be updated thus requiring the LCCA to be updated. Also, Caltrans Headquarters developed new criteria for the LCCA. As part of the new criteria the LCCA must be updated to the new criteria. Serving the Transportation Needs of the Inland Empire and High Desert Headquarters 16096 Chiwi Road Apple Valley, CA 92307 760.242.2081951.204.8073 Mr. Alex Menor Cost to Complete Scope of Work and Fee Proposal Capitals Project Manager October 2, 2013 RCTC Page 2 of 7 4. Traffic Management Plan (TMP) Data Sheet The TMP was last updated and approved in November 2010. Since the TMP Data Sheet is only valid for two years, Caltrans requires that the TMP Data Sheet be updated to current standards. 5. Storm Water Data Report -Project Approval/Environmental Document (SWDR-PA/ED) The SWDR-PA/ED was approved by Caltrans on December 7, 2009. Effective July 1, 2010, the project is subject to the new requirements of the State Water Resources Control Board Order No. 2009-009-DWQ National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (NPDES No. CAS000002). Thus, Caltrans requested that the SWDR-PA/ED must be prepared under the July 2010 SWDR template and requirements, including performing infiltration V3.0 calculations, prior to the approval of the Final Project Report. 6. Water Quality Assessment Supplemental Memorandum The Water Quality Assessment Report (WQAR) was approved in June 2010. Effective July 1, 2010, the project is subject to the new requirements of the State Water Resources Control Board Order No. 2009-009- DWQ National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (NPDES No. CAS000002). Thus, Caltrans requested that a WQAS memorandum be prepared to document compliance 7. Right of Way Data Sheet Coordination The Right of Way Data Sheet was last updated in September 2011. Since data sheets are valid for 1 year, the Right of Way must be re -visited and verify that there are no revisions to the Right of Way Requirements. Caltrans will prepare the Right of Way Data Sheet, but coordination between the consultant and Caltrans staff is required. 8. Bridge Advance Planning Studies (APS) The APS were previously prepared and approved in Metric format. Because the approval was over 5 years ago, Caltrans is requesting updated APS be approved in English format. 9. Update Geometric Approval Drawings (GADs) and Design Fact Sheet The GADs were approved in May 2010. The Advisory Design Exceptions Fact Sheet and the Mandatory Design Exceptions Fact Sheet were prepared and approved on March 24, 2010 and April 13, 2010, respectively. A Supplemental Advisory Design Exception was approved on March 21, 2011 and a Supplemental Mandatory Design Exception was approved on March 22, 2011. Since there have been major revisions to the Caltrans Highway Design Manual (HDM), Caltrans is requesting that the Consultant evaluate the new HDM requirements and resubmit GADs and Supplemental Facts Sheets for approval. 10. Intersection Control Evaluation (ICE) Report Caltrans now requires that an ICE report be prepared for all projects with intersections. The ICE report will evaluate the justification of a Roundabout intersection. 11. Update Preliminary Material Report (PMR) to Current Standards The PMR was approved in June 2010. Caltrans is requiring that the PMR be updated since there have been major revisions to Chapter 600, Pavement Engineering, of the HDM. The PMR will be updated to current Caltrans standards and requirements. 40 ENOI KE ERIKG. Mr. Alex Menor Cost to Complete Scope of Work and Fee Proposal Capitals Project Manager October 2, 2013 RCTC Page 3 of 7 12. Update Preliminary Geotechnical Design Report (PGDR) to Current Standards The PGDR was approved in June 2010. Since Caltrans is requiring that the PMR be updated, sections of the PGDR related to pavement recommendations will have to be updated. The PGDR will be updated to current Caltrans standards and requirements. 13. Draft Project Report (DPR) The DPR has been reviewed by Caltrans, but will require updating due the following: a. Safety Analysis and Traffic Accident Data Update b. Preliminary Construction Cost Estimate c. STIA d. GADs and Fact Sheets 14. Final Project Report (FPR) The FPR will incorporate comments from the circulation of the Environmental Document, from the prior reviews and additional information developed. The FPR will then be submitted to Caltrans for signature and approval. 15. Project Management/Administration/Meetings General Project Management and Coordination efforts related to completion of the PA/ED phase. It is anticipated that another 18 months will be required to complete the PA/ED phase. Environmental Services All documentation will be prepared pursuant to the Caltrans Project Development Procedures and Workflow Tasks Manuals (including the PR Guidelines), and the Caltrans Standard Environmental Reference (SER) Web page as of June 26, 2013 (including the annotated IS/EA template dated October 2012). If, after the first drafts of these documents are completed, substantial effort is required to comply with new revisions to Caltrans guidelines for the technical studies or the IS/EA, the scope and budget may need to be modified accordingly. Task 1.0: Project Re -initiation This task includes research and investigation activities necessary to develop a current, up to date understanding of the proposed project and any associated changes made to the project. The task also includes attendance at a project re -initiation meeting with the Project Development Team (PDT) consisting of SC Engineering, RCTC, the City, and Caltrans. Once the project re -initiation meeting occurs, CONSULTANT will provide an updated schedule to be incorporated into SC Engineering's overall schedule and utilized by the PDT. This scope and budget anticipates that there are no major/significant changes in the project requiring additional analysis in the technical studies. If there are significant changes to the project requiring changes in the previously approved technical studies, an additional scope and budget will be prepared under separate cover. Task 2.0: Project Management/Meetings In addition to project management, this task includes ongoing project team coordination and attendance at up to 18 Project Development Team (PDT) meetings (assuming CONSULTANT will be required to attend every monthly PDT meeting for the 18 -month schedule) or other meetings. Two additional meetings are also included: (1) a project kickoff meeting, and (2) an initial field investigation meeting with the City and Caltrans. 41 Mr. Alex Menor Cost to Complete Scope of Work and Fee Proposal Capitals Project Manager October 2, 2013 RCTC Page 4 of 7 Task 3.0: Updates to Environmental Technical Studies Unless otherwise noted, this scope and budget are based on three rounds of Caltrans review for the draft technical studies. The first round of review is for major comments, and the second and third rounds are for minor cleanup comments (no new comments requiring substantial revisions). The first submittal includes a "5 day completeness review submittal" to enable Caltrans to review the report to ensure it provides the basic information required per the SER, prior to submitting the first draft reports for full review. If the concept plans for the project are revised after the analysis for the technical studies is complete, new analysis based on the revised plans may be required, and the scope and budget may need to be modified accordingly. Task 3.1 Air Quality Report (AQR) and Air Quality Conformity Analysis (AQCA). CONSULTANT prepared an Air Quality Report and Air Quality Conformity Analysis for the proposed project. The AQR and AQCA received concurrence from Caltrans on April 19, 2010. CONSULTANT will prepare an updated air quality analysis for the proposed I-15/Railroad Canyon Road Improvement Project to satisfy CEQA, state and federal environmental requirements, and conformity provisions of the Clean Air Act Amendments (CAAA). To the extent possible, the modeling results and impact analysis for the build alternatives previously analyzed in the draft Air Quality Analysis will be incorporated into this report. The proposed project is located within the South Coast Air Basin (SCAB) region of Riverside County. Therefore, the project is subject to the South Coast Air Quality Management District's (SCAQMD) rules and regulations. The Air Quality Report will be prepared in accordance with the following protocols/guidelines: Caltrans Transportation Project -Level Carbon Monoxide Protocol, FHWA/EPA Transportation Conformity Guidance for Quantitative Hot -spot Analyses in PM2.5 and PM10 Nonattainment and Maintenance Areas, FHWA Interim Guidance on Air Toxic Analysis in NEPA Documents, and Caltrans' policy on greenhouse gas emissions. The Air Quality Report will also analyze and discuss the presence/ absence of asbestos - containing structures/roadway affected by the Project and construction -related impacts. In addition, the proposed project's short-term construction and long-term operational impact on global warming and climate change will be discussed. The Air Quality Report will document that the proposed project is included and consistent with its description in the 2012 Regional Transportation Plan (RTP) and the latest Federal Transportation Improvement Program (FTIP). RCTC will initiate and obtain approval of any necessary amendments to the RTP and FTIP prior to completion of the project -level air quality analysis described below. The Air Quality Report will make a final determination whether the build alternatives will conform to applicable state and federal air quality plans. Mitigation measures will be defined for any construction and/or operational impacts that are identified. Coordination with EPA, Caltrans, and FHWA through SCAG's Transportation Conformity Working Group (TCWG) will be necessary to ensure that the proposed project would not violate/exacerbate air quality in the SCAB. In addition to the air quality analysis, CONSULTANT will prepare the "Conformity Analysis Documentation for Project -Level Conformity Determinations in Metropolitan Nonattainment/Maintenance Areas" required for NEPA delegation. The conformity analysis will be prepared after a preferred alternative is identified and submitted to Caltrans for their review and submittal to FHWA for approval. Task 3.2 Noise Study Report (NSR). CONSULTANT prepared a Noise Study Report (NSR) for the proposed project. The NSR received concurrence from Caltrans on February 10, 2011. CONSULTANT will update the December 2010 Noise Study Report (NSR). The updated NSR will be consistent with the May 2011 Caltrans Noise Analysis Protocol and November 2009 Technical Noise Supplement (TeNS) to address traffic noise impacts on land uses within the project limits, such as existing and approved future residential areas located adjacent to the proposed project. Noise standards regulating noise impacts, including the Noise 42 4 1 N E E Mr. Alex Menor Cost to Complete Scope of Work and Fee Proposal Capitals Project Manager October 2, 2013 RCTC Page 5 of 7 Abatement Criteria (NAC), will be discussed for land uses located adjacent to the project. The areas with potential future traffic noise impacts will be identified using land use information, aerial photographs, and field reconnaissance. A discussion of any existing sensitive uses and approved future residences in the project vicinity will be included. Ambient noise level measurements will be re -conducted to establish the existing noise environment at representative land uses within the project area. Short-term (15 -minute) noise level measurements will be made at up to 26 locations with concurrent traffic counts to document the existing noise environment and to calibrate the traffic noise model. Observations of other noise sources, barriers, terrains, building heights, and other site specific information will be noted during each measurement period. Short-term noise impacts from construction sources will be analyzed based on the equipment expected to be used, length of a specific construction task, equipment power type (gasoline or diesel engine), horsepower, load factor, and percentage of time in use. The construction noise impact will be evaluated in terms of maximum levels (Lmax) and the frequency of occurrence at adjacent noise sensitive locations. The Federal Highway Administration (FHWA) Traffic Noise Model (TNM) version 2.5 will be updated to evaluate the traffic noise levels associated with the Existing, Future No Build, and two build Alternatives. Model input data include peak hour traffic volumes, vehicle mix among autos, medium and heavy trucks, vehicle speeds, ground attenuation factors, and roadway configurations. Existing roadway traffic noise will be calculated as baseline conditions, using concurrent traffic counts obtained during ambient noise level measurement. The future traffic conditions will assume either the worst -case traffic condition or the projected traffic volumes provided in the traffic study. Noise abatement measures (noise barriers) designed to reduce long-term traffic noise impacts by 5 dBA or more, as required to be feasible, will be evaluated. The total reasonable allowance will be calculated for each noise barrier. Task 3.3 Noise Abatement Decision Report (NADR). CONSULTANT prepared a Noise Abatement Decision Report (NADR) for the proposed project. CONSULTANT will update the July 2011 Noise Abatement Decision Report (NADR), as defined in the May 2011 Caltrans Noise Analysis Protocol upon receipt of the estimated sound barrier construction cost and non - acoustical information related to feasibility from the project engineer. The report will summarize the preliminary reasonableness determination from the noise study report, present the engineer's cost estimate for the evaluated abatement, evaluation of non -acoustical factors related to feasibility, preliminary noise abatement decision, and secondary effects of abatement (impacts on cultural resources, scenic views, hazardous materials, and biology). CONSULTANT will update the NADR consistent with the District report guidelines with the best information available. Task 3.4 Community Impact Assessment. CONSULTANT prepared a Community Impact Assessment (CIA) that identified the project's community impacts on neighborhoods, businesses, and minority and low- income populations. The CIA received concurrence from Caltrans on December 29, 2010. In addition, a supplemental memo documenting limited 2010 Census updates was prepared and submitted to Caltrans in December 2011. The December 2010 CIA was based off of 2000 Census data. Between the approval of the CIA (December 2010), the submittal of the Administrative Draft IS/EA (August 2011), and recommended changes outline by Caltrans in June 2013, additional demographic 2010 Census data has become available. Caltrans is requesting an updated CIA to address this change in 2010 Census data and for those changes to be made in the Draft IS/EA. CONSULTANT will update the December 2010 Community Impact Assessment (CIA). The updated CIA will include and analyze the project based on new 2010 Census data and the recent approval of the City of Lake Elsinore General Plan and how this new data affects impacts on land uses within the project limits, such as existing and approved future residential areas located adjacent to the proposed project. Task 3.5 Supplemental Technical Memoranda. CONSULTANT prepared additional technical reports aside from those listed above for the proposed project. The remaining technical reports have received concurrence from Caltrans at various times since 2010. 43 Mr. Alex Menor Cost to Complete Scope of Work and Fee Proposal Capitals Project Manager October 2, 2013 RCTC Page 6 of 7 Between the approval of the various technical reports, the submittal of the 1st Administrative Draft IS/EA (August 2011), and recommended changes outlined by Caltrans in June 2013, slight changes in the project are being proposed. CONSULTANT is proposing a brief (i.e., one page if possible) memorandum in each discipline will be prepared to supplement the previously approved technical reports signed by the applicable specialist on each approved technical report. The purpose of these technical memoranda is to determine whether any design refinements (and resultant changes in ROW requirements) change the conclusions in the previously approved technical reports with regard to impacts or proposed avoidance, minimization, and mitigation measures a supplemental memo to address any changes in and for those changes to be made in the Draft IS/EA. Task 4.0: Update Second Administrative Draft IS/EA CONSULTANT will revise the Draft IS/EA based on the results from updated technical studies conducted for the proposed project in addition to comments received from the PDT (SC Engineering, RCTC, the City, and Caltrans) and will resubmit the revised Draft IS/EA (including a matrix documenting responses to comments on the Administrative Draft IS/EA) to the PDT (SC Engineering, RCTC, the City, and Caltrans) for review (up to 15 copies). The Draft IS/EA will be updated to use the IS/EA Annotated Outline dated October 1, 2012, posted on the SER website. Task 5.0: Prepare Draft IS/EA for Approval to Circulate (One Copy for Signature) CONSULTANT will revise the Draft IS/EA per comments received from Caltrans and will prepare the Draft IS/EA for Caltrans signature for approval to circulate the document for public review (up to 15 copies). Task 6.0: Public Review CONSULTANT will prepare a draft public distribution list per input from RCTC, the City and Caltrans. The Draft IS/EA will be circulated for public review and submitted to the Office of Planning and Research (OPR) (up to 50 hard copies; CDs of the IS/EA may be used instead of hard copies as appropriate) per the distribution list, once the list has been approved by RCTC, the City and Caltrans. CONSULTANT will prepare a Notice of Availability (NOA) and Opportunity for Public Hearing to be published in a local newspaper by SC Engineering, RCTC, or the City. This task includes up to $500 for translating the public notice into Spanish, if required by Caltrans. CONSULTANT will attend a public information meeting during the public review period or a public hearing to be coordinated and conducted by others, if Caltrans determines that a public hearing is required. Task 7.0: Prepare Draft Response to Comments The Draft Response to Comments will be prepared for submittal to the PDT (SC Engineering, RCTC, the City, and Caltrans) (up to 15 copies) for review and comment. The Draft Response to Comments will be revised per the PDT's comments and submitted to Caltrans for approval. CONSULTANT will prepare responses for its areas of responsibility and will coordinate with SC Engineering, RCTC, the City, and Caltrans to prepare responses for their respective areas of responsibility. The level of effort to prepare the responses to comments is based on no more than 100 CONSULTANT staff hours being required to complete this task. Task 8.0: Prepare Draft MND/FONSI CONSULTANT will prepare a Draft MND/FONSI, including revisions based on responses to comments received during the public review period, for submittal to the PDT (SC Engineering, the City, and Caltrans for review (15 hard copies). Task 9.0: Prepare Final MND/FONSI A Final MND/FONSI will be prepared for submittal to Caltrans for review and approval. As part of the process for the Final MND/FONSI, CONSULTANT will prepare response letters to agencies that submitted comments on the Draft IS/EA and prepare and file a Notice of Determination (NOD). The City is responsible for the CDFW NOD filing fee and any County filing fees. CONSULTANT will prepare a Notice of Availability of the Final MND/FONSI to be published by SC Engineering, RCTC, or the City. CONSULTANT will provide up to 20 hard copies of the approved MND/FONSI. Task 10.0: Environmental Commitments Record SC 44 NG1NE. N G Mr. Alex Menor Cost to Complete Scope of Work and Fee Proposal Capitals Project Manager October 2, 2013 RCTC Page 7 of 7 CONSULTANT will prepare a draft and a final Environmental Commitments Record (ECR) in accordance with the guidelines on the SER Website (June 1, 2013) for use in ensuring implementation of the mitigation measures for the project. The ECR will be used in the design and construction of the I-15/Railroad Canyon Road Interchange project for the selected alternative. The ECR will incorporate the mitigation measures from the environmental document. For each mitigation measure, the ECR will include a list of the following items: a description of the mitigation measure, the timing of implementation, the performance objectives, the requirements for verification of compliance, and the party responsible for verifying compliance. The draft ECR will be submitted to the PDT (SC Engineering, RCTC, the City, and Caltrans) for review and comment, and the final ECR will be provided to Caltrans along with the Final IS/EA for approval. Once again, I appreciate the opportunity to serve the RCTC and assist in the process of the approval of the necessary documents to provide a safer transportation facility in the City of Lake Elsinore and County of Riverside. Should you have any questions, do not hesitate to call me at 951-204-8073. Sincerely, SC ENGINEERING Sal Chavez, PE Principal/Project Manager cc: Project Files -55 Attachments Fee Proposal Caltrans Letter to Marlin Feenstra, RCTC dated June 10, 2013 Caltrans Scoping Meeting Minutes of June 26, 2013 Caltrans Scoping Meeting Minutes of September 26, 2013 Draft Project Schedule 45 D 1 N E E 13 I M 6: RCTC_Cost to C omplete_R ailroad_07.15.2013 I-15/Railroad Canyon Road FEE PROPOSAL PROJECT APPROVAL/ENVIRONMENT AL DOCUMENT (PA/ED) T ASK E stimated Nn of Items Estimated Hours/It em Hours Budg et Additi onal Engi neering and E nvir onmental Services Engineering Services 1. Supplemental Traffic Impact Analysis (STIA) - Update to 2013 Existing Volumes, Phase 1 Project Failure Year and 2017 Opening Year Updating Existing Traffic Volumes to 2013 Level of Service (LOS) - Intersections 1 32 32 $3,763 LOS - Ramp Merg e -We ave 1 24 24 $2,822 LOS - Ramp Merge -Diverge 1 24 24 $2,822 LOS - Freeway Mainline 1 16 16 $1,881 Phase 1 Project Failure Year Analysis Volume Development Analysis (Project Phase 1, Alternative 2 & 3) 2 24 48 $5,644 LOS - Intersections (Project Phase 1, Alternative 2 & 3) 2 32 64 $7,525 LOS - Merge Weave (Project Phase 1, Alternative 2 & 3) 2 24 48 $5,644 LOS - Ramp Merge -Diverge (Project Phase 1, Alternative 2 & 3) 2 24 48 $5,644 Lev el of Ser vic e - Freew ay Mainline (Pr oje ct Ph ase 1, Alt ernati ve 2 & 3) 2 24 48 $5,644 Opening Year 2018 A nalysis Volume Development Analysis (Project Phase 1, Alternative 2 & 3) 2 24 48 $5,644 LOS - Intersections (Project Phase 1, Alternative 2 & 3) 2 32 64 $7,525 LOS - Merge Weave (Project Phase 1, Alternative 2 & 3) 2 24 48 $5,644 LOS - Ramp Merge -Diverge (Project Phase 1, Alternative 2 & 3) 2 24 48 $5,644 LOS - Freeway M ainline (Proj ect Phase 1, Alternative 2 & 3) 2 24 48 $5,644 Supplemental TIA 1 80 80 $9,407 Exhibits/Attachments 1 100 100 $11,758 Subt otal 788 $92,656 2. New Con nection Report (NCR) Safety Analysis 1 80 80 $9,407 Incorporation of Supplemental STIA Data 1 60 60 $7,055 Upda te NCR to new FHWA Requirements/Finalize NCR 1 72 72 $8,466 Subto tal 212 $24,928 3. Life Cycle Cost Analysis (LCCA) Update per revised Preliminary Material Report 1 40 40 $4,703 Finalize/Update LCCA to current standards 1 64 64 $7,525 Su btotal 104 $12,229 4. Traffic Management Plan Da ta Sheet, Update to Current Standards 1 16 16 $1,881 5. Storm Water Data Repo rt, upda te to c urrent sta ndards, including Infiltration V3.0 cals 1 100 100 $11,758 6. Water Quality Memo Update 1 20 20 $2,352 7. Right of Way Data Sheet Coordination 1 12 12 $1,411 8. Bridge Adva nce Planning Studies (APS) - Me tric to English Grape Street No rthbo und Entrance Ramp Undercrossing Bridge 1 56 56 $6,585 Southbound Railroad Canyon Road Undercrossing Bridge 1 56 56 $6,585 Franklin Street Overcrossing Bridge 1 56 56 $6,585 Subtotal 168 $19,754 10/9/2013 1 OF 2 46 RCTC_Cost to Complet e_Railro ad_07 .15.2013 I-15/Railroad Canyon R oad FEE PROPOSAL PROJECT APPR OVAL/ENVIRONMENTAL DOCUMENT (PA/ED) TASK Estimated No of It ems Estimated Hour s/Item Hours Budget 9. Update Geometric Approval Drawings (GADs) GADs, increase weaving distance from SB Main On to Franklin Off 1 80 80 $9,407 Supplemental Mandatory Design Exception Fact Sheet (If Requir ed) 1 22 22 $2,587 Supplemental Advisory D esign Ex ception Fact Sheet (If Required) 1 22 22 $2,587 Subtotal 124 $14,580 10. Int ersection Control Evaluation (ICE) Report 1 80 80 $9,407 11. Update Preliminary Material Report to Current Standards 1 33 33 $4,865 12. Update Preliminary Geotechnical Design Report to Current Standards 1 33 33 $4,865 13. Draft Project Report (DPR) a. Saf ety A nalysis and Tr affic A ccident Data 1 16 16 $1,881 b. Preliminary Construction Cost Estimate 2 24 48 $5,644 c. STIA Data Incorporation 1 20 20 $2,352 d. GADs and F act Sh eet Incorporation 1 20 20 $2,352 Subt otal 104 $12,229 14. Final Project Report (FPR) 1 100 100 $11,758 15. Project Management/Admin/Meetings (18 months @ 12 hrs/month) 18 12 216 $25,398 Subtotal (Engineering Ser vices) 2110 $250,072 Environmental Services Environ mental Pro ject M ana geme nt 1.0 Pro je ct Re -Initiation 1 14 14 $2,690 2.0 Project Management/Meetings/Administration 1 180 180 $33,700 Subtotal 194 $36,390 Environmental Technica l Studies 3.1 Air Quality Report (AQR)/Air Quality Conformity Analysis (AQCA) 1 72 72 $9,790 3.2 Noise Study Report (NSR) 1 260 260 $32,850 3.3 Noise Abatement Decision Report (NADR) 1 110 110 $14,300 3. 4 Community Impact Analysis (CIA) 1 80 80 $9,750 3.5 Supplemental Technical Memoranda 1 52 52 $6,440 Subto tal 574 $73,130 Draft Environmenta l Document (Initial Study/Environmental Assessment (IS/EA) 4.0 Update 2nd Administra tive Dra ft IS/EA 1 280 280 $38,560 5. 0 Prepare IS/EA for Circulate 1 80 80 $14,560 Subto tal 360 $53,120 Final Environmental Document 6.0 Public Review/Hearing 1 76 76 $18,240 6.1 Public Review Displays/Exhibits/Handouts 1 60 60 $7,055 7.0 Prepare Record of Public Hearing/Draft Response to Comments 1 100 100 $14,280 8. 0 Dra ft M ND/FONSI 1 80 80 $14,920 9. 0 Final ND/FONSI 1 66 66 $14,330 10.0 Environmental Commitments Records 1 32 32 $4,130 Subtotal 414 $72,955 Subto tal (Env ironmental Serv ices) 1542 $235,595 TOTAL 3,652 $485,667 10/9/2013 2 OF 2 47 RCTC_Cost to Complete_Railroad_07.15.2013 SC ENGINEERING 10/9/2013 COST PROPOSAL WORKSHEET COMPANY: SC Engineering PROJECT: I-15/Railroad Canyon Rd Interchange & I-15/Franklin Ave Interchange SCOPE OF WORK DATE Project Approval/Environmental Document (P July 12, 2013 DIRECT LABOR !REVISION MILESTONE/PHASE/PROJECT SUMMARY: ONNEL Fl3NCTIOJSU HOURS S. Chavez D. Ginn/Staff J. Davis/Staff Staff Staff Staff Staff Staff Project Manager Senior Civil Engineer Senior Civil Engineer Civil Engineer CADD Operator/Technician Bridge Engineer Landscape Architect Administrative/Project Control: 210 $63.00 316 $50.50 210 $47.50 631 $42.00 631 $31.00 0 $0.00 0 $0.00 106 $27.00 $13,230 10.0% $15,958 15.0% $9,975 10.0% $26,502 30.0% $19,561 30.0% $0 0.0% $0 0.0% $2,862 5.0% 100.0% TOTAL HOURS OVERHEAD RATE 2,104 2,104 $88,088 OVERHEAD (1.45) TOTAL OVERHEAD OTHER DIRECT COST $127,728 ITEM REPRODUCTION PUBLIC HEARING DISPLAYS COURT REPORT (PUBLIC HEARING) SPANISH TRANSLATION TRAFFIC COUNTS @ FRANKLIN ST IUANTIi UNIT UNITt OST 1 1 1 1 3 LS LS LS LS EA A 1NT $5,000.00 $5,000 $2,400.00 $2,400 $1,500.00 $1,500 $500.00 $500 $200.00 $600 TOTAL OTHER DIRECT EXPENSES SUBCONSULTANT'S COST $10,000 ANY,... %' -;'HOURS LSA Associates Group Delta Consultants AMOUNT 1482 $228,540.00 66 $9,730.00 TOTAL SUBCONSULTANT'S COST FEES $238,270 FIXED FEE 10% $21,581.56 TOTAL FEE TOTAL PROJECT COST $21,582 $485,667 48 PROJECT SCHEDULE 08-RIV-15 1.15/R ailro ad Ca nyon Road Inte rch angeReconstruct Interchange Project Appr ov al/Envir onme nt al D ocument (PA/ ED) EA OA4400 at 1, 2014 : Qtr 2, 2014 : at 3, 2014 Qtr 4, 2014 '. 60 1, 2015 ID Tas k Name Dur ation Start Fnsh Dec Jan Feb Mar Apr May J un Jul Auq Sep Oct Nov Dec Jan Feb Mar ... ....... .. ...... '. .. .. ... ....._..a._ ......_. _" ------ - -�� - -�-�- __ - - 1 :Task/ Supplementa l Tra ffic Impact Analysis (STIA) 75 days Wed 1/1/14 Tue 4/15114 1♦ • Task 1.10 - STIA (2013, Opening Year 2018 , Failure Year) -_- - 25 days Wed 1/1/14 Tue 2/4/14 1 _. .-- .- 3 Agency Review-_--- 20 days Wed 2/5/14 Ice 0/4/14 4 Task 1 10 - Update/ReviseUpda te/Rev ise STIA 10 days W ed 3/5/14 Tu e 3/18/14 5 Agency STIA Revie w/Appro val 20 days I W ed 3/19/14 Tue4/15/14 .< I--, 6 Task 2 -Caltrans WBS 160 Englnee ring SNdles (PANED Phase)- - 185 days Wed 1/1/14 Tue 9/16/14 : ] 1601015 Draft Geometric Approvals Drawings (GADS) -Update 20 days Wed 1/1/14 Tu e 1/29/14 ' ♦ B Agency Review 20 days Wed 1/29/14 Tue2/25/14 1 9 Upda te /Re vise GADS 10 days Wed 2/26/14 Tue 3/11/14 ) 10 Agency 2n d Review 20 days W ed 3/12/14 Tu<4(8/14 - i1 -'-' ._n --' 11 160 15 05 Cost Estimates fo r A lte rna tive s 10 days Wed 3/26/14 Tu e 4/8/14 12 1601510 Approval of Fact Shee ts/GAD5 days Wed 4/9/14 Tue 4/15/14 { : 13 New Conne ction Report 20 d ays W ed 2/26/14 Tue 3/25/14 -I0 14 151 Ca ltran s Re view of Ne w Conn ec tio n Re port 20 days W ed 3/26114 Tue 4/22/14 j W 15 Revise/upda te Ne w Conn ection Repo rt 15 days Wed 3/12/14 Tu e 4/1/14 -- ----1 I 16 2nd Caltran s Re vie w of Ne w Co nnection Report 20 days Wed 4/2/14 Tue 4/29/14 -0( i 17 i R / pdate New Connection Report 10 days Wed 4/30/14 Tue 5/13/14 18 1 3rd C altrans Review of New Connection Report 20 days Wed 5/14/14 Th e 0/10/14 ---- --- 19 n Re vis e/u pda te NCo nnec tio n Rpo rt 5 days Wed 6/11/14 Tue 6/17/14 20 Caltrans Appro val NCR/Transmit to FHWA 10 days Wed 6178114 Tue ]11114 t 21 160 15 20 Prepare Dra ft Pro ject Re port 20 da ys Wed 2/26/14 Tue 3/25/14 ( 22 1st Ca Itrans Review Draft Project R epo rt 20 days • Wed 3/26/14 Tue 4/22/14 i IY , rJ ot ._ y.-. 23 ' Update Draft Project Report 10 days; Wed 4/23/14 t Tue 5/6/14 � 24 i 2nd Caltrans Revie w& Draft Pro ject Report 20 days I Wed 5/7/14 Tue 6 8174 1 25 Upda te Draft Pro ject Report 10 days Wed 6/4/14 I Tue 6/17/14 ---M-7 3rd Caltrans Review Draft Pro ject Re po rt 20 days Wed 7/18/14 Tue 7122/14 of 27 Up � � d t D ft Project R po rt (2013, 201018 and Fait ?Oar) S days Wed 7/18114 Tue 7/22/14 28 I Final Caltrans Project Repo rt 30 days Wed 7123/14 Tue 9/2/14 I - --- - Rev ie w of Draft 29 I Upda te Draft Project Report (Final) 5 days Wad 9/3/14 Tue 9/9/14 I 30 ; 160.15.25 A pprove Dra ft Project Re port 5 days I Wed 9110/14 I Tue 9/18/14 11 41� .<r�—1 1 31 Task 3 -Caltran s WBS 165 to 180 - Env iro nmental Studie s (PA/ED Phase) 323 tlays Wed 2/5/14 Fri 5/1/15 32 Enviro nmental Th l Stu dies 40 days I Wed 2/5/14 Tile 4/1/14 l 1 33 Caltrans Co mpleteness Re view Perio d _-- 20 days Wed 412!14 Tue4129/14 j 34 Upda te Env ironmental Tec hnica l Studies & Resubmit Caltrans 10 days Wed 4/30/14 Tue 5/13/14 1 - - H 35 Caltrans Env ironme ntal Te chn ic al StudiRev ie w 20 days Wed 5/14/14 Tue 6110/14 36 1652555Draft E tal Dt(IS/EA) 20 days Wed 6/11/14 Tue 7/8/14 37 66.25.20 CItrNEPA QC 20 da ys Wed]/9/14 Tue 8/5114 05 1 andR 38 Revise Environmen ta l Tec hnica l Stu dies ED 14 days Wed 816/14 Mo n 8/25/14 t and (15/64) 39 20 days Tue 8/26/14 Mon 9/22114 :. . 165 25. 0 9d Caltra ns NEPA QC an d Rev ie ws j days Tue 9/23/14 Frl 10/10/14 40 2nd Revise Environmen tal Tec hn ica l Stu dies an d ED (IS/EA) 14 i ... 41-4 FHWA NCR R evie w App 45 day s Wed 712/14 rue 9/2/14 ---- H _ o va!(Regron al) 42 Revis e/Update NC R 10 days Wed 9/3/14 Tue 9/16/14 Toe 11/18/14 57. F F �- 43 FH WA N CR Ravhw/Approval(Washin gto n DC) 45 days Wed9/17/14 44 Pavement Life C ycle Cost Analys is 20 da ys Wed 9/10/14 Tue 10/7/14 j ". - (LCCA) < ---- —05 45 Caltrans Revie w/Con currenc e 29 days Wed 10/8/14 To e 11/4/14 l 46 l Storm Water D ata Report Re 20 days Wetl 9/10/14 Tue 10/7/14 (MDR—PA/ED ) -Approval 47 . Caltrans Review/Con curren ce 20 days Wed 10/8/14 Tue 11/4/14 48 1 1652525 Approval to Clate 10d Wbd 11/19/14 The 12/2/14 - _ ._.. ....._._:I ys ---;1.9-1 PublIs h 30 days Wed 12/3/14 Tue 1/13/15 j 17505 15 and Circ ula te d DED 50 1751035 Public He arin g 1 day Wed 1/14/15 Wed 1/14/15 51 I 175.15 Res pond to PublIc Co mments 10 days Thu 1/15/15 Wed 1/28/15 1 1. . . . 52 . I. Caltrans Rev iew fRespon se toCommen ts 7days Thu 1/29/15 Fri 7/61155 .. ... 53 Revise/Update ED 14 days Mon 2/9/15 Thu 7126/15 ; 54 !. Caltran s NEPA QC Compliance 30 days I r 2/27/15 Thu 4/9115 55 :. ... 180 Approve Final PR and ED... ... .. . 16 days Fn 4/10/15 Fri 5/1/15 58 I Task 4 Caltrans WBS 185 to 255 PS&E 370 days Mon 5/4/15 Fri 9/30/16 {I 85 .Task 5 Ca ltrans WBS 200 Coo rdin ate Utilities 486 days Mon 7/6/15 Mo n 5/15/17 92 1Ta sk 6- C altrans WBS 220 R ight of Way 486 days Mon 7/6/15 Mo n 5/15117 101 1 Task 7-Ca ltrans WBS 265 A dverdse, Open Bids, Award 8 Approve Contract 122 da ys Tue 5/18/17 We d 11/1917 108 Task 8- Ca ltrans WBS 270 Co nstruct Pro ject 413 days Thu 11/2/17 Mon 6/3/19 pr0(10915_Railroad_PA-ED_10.01. 20 Date: Thu 50124/13 Ta sk 1 Progress Summary �� E tern al Tasks /7 I Deadline <: I -- .. ..t. ' Split • Pro ject Summa ry 'a ♦ Exte mal Mile stone • SC ENGIN EERING Page i RCTC/CITY OF LAKE ELSINORE 49 AGENDA ITEM 12 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: November 25, 2013 TO: Western Riverside County Programs and Projects Committee FROM: Patti Castillo, Capital Projects Manager THROUGH: Marlin Feenstra, Project Delivery Director SUBJECT: Agreement with All American Asphalt for the Construction of State Route 74 Curve Widening from Calvert Avenue to California Avenue in the County of Riverside Near the City of Hemet STAFF RECOMMENDATION: This item is for the Committee to: 1) Approve Agreement No. 13-31-139-00 to All American Asphalt (All American) for the construction of State Route 74 Curve widening project from Calvert Avenue to California Avenue in the county of Riverside near the city of Hemet in the amount of $1,970,005, plus a contingency amount of $197,000 for potential change orders and supplemental work during construction, for a total amount not to exceed $2,167,005; 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement behalf of the Commission; 3) Authorize the Executive Director to approve contingency work up to the total authorized amount as may be required for the project; 4) Authorize the Executive Director to enter into agreements, or amendments to existing agreements, as determined appropriate, with the state of California (State) for an amount not to exceed $120,000 for Construction Zone Enhanced Enforcement Program (COZEEP), and state furnished materials, and other items; and 5) Forward to the Commission for final action. BACKGROUND INFORMATION: The SR -74 Curve widening project located near the city of Hemet in Riverside County is the last remaining Western County highway project namedin the 1989 Measure A Expenditure Plan. The project consists of widening the highway to provide standard lane and shoulder widths and a 14 -foot wide painted median from Calvert Avenue to California Avenue. On September 26, 2013, the Commission advertised for the construction of the project. On October 31, 2013, four bids were received and publicly opened. A summary of the bids received is shown in Table A. Agenda Item 12 50 Table A SR -74 Curve Widening Project Bid Summary Firm (In order from low bid to high bid) Bid Amount Engineer's Estimate for Construction $2,364,408 1 All American Asphalt $1,970,005 2 Skanska USA Civil West CA Dist., Inc. $2,011,380 3 Hal Hayes Construction, Inc. $2,072,594 4 Griffith Company $2,098,718 The basis for award of a public works contract is the lowest responsive and responsible bidder as defined by the Commission's procurement policy and state law. The bid analysis attached shows the bid amounts of the three lowest bidders and lists the bid unit price, amount, and percent variation from the engineer's estimate for each bid item. The total bid price submitted by All American was 17 percent lower than the engineer's estimate for construction. After analyzing the three lowest bids, staff and the construction manager, RBF Baker, concluded that All American's bid in the amount of $1,970,005 is the lowest responsible and responsive bid received for the project. The construction phase of this project is 100 percent funded with 1989 Measure A Western County highway funds. Construction activity is expected to begin in May 2014 and will take about four months to complete. Staff recommends award of Agreement No. 13-31-139-00 to All American for the construction of the project in the amount of $1,970,005, plus a contingency amount of $197,000, to fund potential change orders and supplemental work, for a total amount not to exceed $2,167,005. Additionally, the engineer's estimate included additional items required for the project but not included in the construction contract such as COZEEP and state furnished items in the amount of $120,000. Staff recommends authorization for the Executive Director to execute agreements or amendments to existing agreements for these items with the State in an amount not to exceed $120,000. Agenda Item 12 51 Financial Information In Fiscal Year Budget: Yes N/A Year: FY 2013/14 FY 2014/15 Amount: $ 100,000 $ 2,187,005 Source of Funds: 1989 Measure A Western County highway Budget Adjustment: No N/A GL/Project Accounting No.: 003009 81301 00000 0000 222 31 81301 Fiscal Procedures Approved: vim_:-! Date: 11/14/2013 Attachments: 1) Bid Analysis 2) Draft Agreement No. 13-31-139-00 Agenda Item 12 52 Riverside County Tr ansport ation Commission Project ID No. 13-31-139-00 Dis trict: 08 Date : November 6, 2013 74 WIDENING BETWE EN CALVERT AVE NUE AND CALIFO RNIA AVE NUE (PM 34 .8 TO PM 35.92) County: Riverside Route: 74 ATTACHMENT 1 Low Bidd er LB vs E. E 2nd 2nd vs E's E 3rd 3rd vs E's E pn5 1 1 s Esll•.na to Ite m No. Item Cade Item Des cripti on Unit Quantity U. P. Amou nt % U, P. Amount % U.P. 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I©0 s t 240.00 s 22000 Mi $ 20000 6 200.00 5 100.00 $ 10000 67.5 0% ,. ! 1 *041 0 i $ 400.00 ®� S TON ERE MOV E ®��� 62 .50 Sd $ 41 -1.0.0 $ 3.000 .02 REMO VE . . .. •®" ®' ' ®' �®• 60 ®' 0 2 000%0 53 $ ��,,� 31l.00 ��REMOVE ROADSIDE SIGN ©a®i ®. ® 3 0.00 S 000 � $ 1000 5 11000 46.6 7% 1 5 : 74,6}534,$ > $,O 0 ®II® MEMIIIIliMM®' 11 EE1:121311 -4 0.0 0% 451 i 5.010 $ ®� R MOVE B AS E AN D SURFAC ING ®®5 82.00 5 12,792.005 6 130% z 4 :5 .01 .305,00. S - 180 00 5 2 1 60 0 0� -6 . 8.7% tx 3. 2i9 .a3 °520:00 �Illi 0 ©0 5 35000 5 1.640.00 $ 0 000 0 s 000. 00 400000 ® 5 000. 00 6.67% rt } 754 '!0 ' 1 �� 30 .00% 5 1 000 S �- •-� S 1,0 00 OD • < + Z 0000005 =IMM ®� $0 00% ��� ' •® ,SOQ, 0O M 2 Qi $ 0 $0 $ 2 0401:00 T REE . 5 2.40 0.00®0 5 1 6 00.0 0 60 .00%. '[i RIX s . S 4 005,00'4 ®�R EMOVE CLEARING A ND GRUBB IN G ® ,• �'" 5 ,550 .0 0 � '0 ®" ®'0 1 0 00.00 20.00%9 1 tt i 5 0 00 t1O $. 5. 000, 00 '8 1091 f $ 2.. 0¢' s #G 0,; IS .OP MMIEMIIIIII.=.1 ®O 5 1. 550. 00 3 1.5.. =MEM $ 750 90 5 $ 50.62 ®i 5 900 .00 • • -70 05% 1. 3,0 00 ,0c S. ? M0.0 0 35 210280 ROL LE D ER OS ION CONTR OL PROD UCT (BLAN KET) So Fr 1,697 6 0.88 20 3 15 2.93 9 -78.95% l 4,G aT $ 0 4 3 t 3453 50 50 .00% 3 ,219 G r, 13 3 - DD 0"21 2000%S3? 3271 5. O .ti S S,.sr.a{;g0 -2 0. 00%00% 1479:1 $ .7 5 y 1,1 ,02 2:74. -003 6 -44..0010 $#):. 0 4,x/.00 ;4 SO i) O t$ 1441 360 32 H OT MIX ASPH ALT (TYPE A) T oN - u x o, 40. < 7=,oc+ S eta 42 364076 PLATE H OT MIX ASPHA LT D IKE (TYPE ) LF 315 5 15.45 5 4,86 6.75 8. 0% 6.00 5 590.00 5 11 00 5 465.00 -24 0.:00 3 15 $ 5D O' 43500: > 0 00 ;6 .00% 5.00% 16 .67X. .D 00.OP ... t4 4 90,) 00 j*j S 400.00 00 (F ) 51502 MI OR • • ' "2 " 22 22 22 4 025 •• • 4 40. 0 6667%46 6 510526 MINOR 45 0 0 5 66.0 3% ,200 ,00 tic .0 00 I 3 11 ,00 0.00 !E1111111=1:1101111 m®®®® • 5 00 0 5 21.72000 00.033 6 ®.. ®' " .. 78 00% 440. 200 00[x: i05 ?^I07 00 �®" RO CK S LOPE PROTE CTION (F ACING, ME THOD B) m0 �� 0000 0016 $ 3,]40.00 5® *,} f 0.99 . 1. > 11 000.00 > �®' R OCK SLOP E PROTE CTION (BA CKING NO 3, METHOD B) ®' ®' ®"' �' 5 15 .895 .00 1ST 2 : 00 S a 05.01 - 00 314 ®" ® '' 0 t� S 00 CH AIN L IN K F ENC E (TYPE SL -6 ) 5 13, 595. 60-420. 0436 :: 093,00 7 5 T.40 ,043, 00 (C LASS 2) ®_�_� �� �� 540 .0 0 22.2228 5 45 OD C5 3260.00 00 251 �� , ,300 ,00.- _®�D EL INE ATOR NEEma. $ Jza00 10.00% 5 00 s 0 000 $. 3000014 ® IIII©0 s 3,400 .00 000000 s 500 00 5 $,50000 0000 3.500 .00 1 3000 3 L} 9 4090 0 �' m ���®' ®' �®' - ' ®' . ' ' 4�= .F16 5 6 5 1 5 St 36. AO57 . ® „ TH ER MO PL AS TICEr ��®' S 1,245. 27�� 5 1,336 .00� $ 1773 0 60. Y 00 58 3, 02.00 ® - 4 44. 3 vm00 . ®' ®' ®' 5 ® 9 Di $ b+Yi. OO t6 0 060 296 FOUR S EAS ON S) 5 900000� S 3 1. 500 00 5 250014 40 000 00 5 40.00000 1 0,..$ S 400 0.057 E.S 4v.Xi.0 0 61 (6 ) 86 1502 MO DIFY SIGNAL AND LIGHT ING (SR 76 412 F OU R SE ASONS )®�®'• "' 80 " 000153.00 5 0.0 0.00 � 62 999990 MOB ILIZATION LS 1 5 64,000.00 5 64,000.00 -69.48% $ 158, 026.40 5 158,026.40 -24 .64% 5 195, 000.00 5 195000.00 •] 01 .5 2 e.. ;V +200 {q 83 C ALTR AN S EN CROACH ME NT P ERMIT FEE Ls 1 5 70 21200 5 70,212.00 0.0. 5 70,212. 00 5 70.2 2.00 0.00% 5 70,212 00 5 0,212 00 0. 0. 0248703 Z 1 0,070.001. 24 50287O TAt 4 2.411.3✓30-00 :50974756 5 " 0 34.1 TOTAi S 2,3 64:,40e RCTC' s CALCULAT ED T OT AL B ID AMOUN T = CONTRAC TOR's CALCULA TED TOTAL BID AMOUNT = DIFFERENCE (E RROR) Pe rc ent 41- E ngineer's Estima te = To ta l 5 1.970.004.24 .16,6995 Total 2 2,61113100,01 5 2.011,380 00 S 14.9336. T otal 6...:2,0 72,564.6 9 S 2.072.593.69 -12.34% Total ( S 7.354.408 ,00 ATTACHMENT 2 RIVERSIDE COUNTY TRANSPORTATION COMMISSION CONTRACT FOR CONSTRUCTION OF STATE ROUTE 74 WIDENING BETWEEN CALVERT AVENUE AND CALIFORNIA AVENUE (PM 34.8 TO PM 35.92) ALONG THE SOUTH SIDE OF STATE ROUTE 74 (EASTBOUND) TO PROVIDE STANDARD LANES, SHOULDER WIDTHS AND STANDARD PAVED MEDIAN FROM CALVERT AVENUE TO CALIFORNIA AVENUE NEAR THE CITY OF HEMET, IN RIVERSIDE COUNTY, CALIFORNIA RCTC Agreement No. 13-31-139-00 December 11, 2013 BETWEEN RIVERSIDE COUNTY TRANSPORTATION COMMISSION AND ALL AMERICAN ASPHALT 541 CONSTRUCTION OF STATE ROUTE 74 WIDENING BETWEEN CALVERT AVENUE AND CALIFORNIA AVENUE (PM 34.8 TO PM 35.92) ALONG THE SOUTH SIDE OF STATE ROUTE 74 (EASTBOUND) TO PROVIDE STANDARD LANES, SHOULDER WIDTHS AND STANDARD PAVED MEDIAN FROM CALVERT AVENUE TO CALIFORNIA AVENUE NEAR THE CITY OF HEMET, IN RIVERSIDE COUNTY, CALIFORNIA RCTC AGREEMENT NO. 13-31-139-00 1. PARTIES AND DATE. This Contract is made and entered into on this day of , 2013 by and between the Riverside County Transportation Commission (Commission) and All American Asphalt (Contractor). This Contract is for that Work described in the Contract Documents entitled: FOR CONSTRUCTION OF STATE ROUTE 74 WIDENING BETWEEN CALVERT AVENUE AND CALIFORNIA AVENUE (PM 34.8 TO PM 35.92) ALONG THE SOUTH SIDE OF STATE ROUTE 74 (EASTBOUND) TO PROVIDE STANDARD LANES, SHOULDER WIDTHS AND STANDARD PAVED MEDIAN FROM CALVERT AVENUE TO CALIFORNIA AVENUE NEAR THE CITY OF HEMET, IN RIVERSIDE COUNTY, CALIFORNIA 2. RECITALS. 2.1 The Commission is a County Transportation Commission organized under the provisions of Sections 130000, et seq. of the Public Utilities Code of the State of California, with power to contract for services necessary to achieving its purpose; 2.2 Contractor, in response to a Notice Inviting Bids issued by Commission on September 26, 2013, has submitted a bid proposal FOR CONSTRUCTION OF STATE ROUTE 74 WIDENING BETWEEN CALVERT AVENUE AND CALIFORNIA AVENUE (PM 34.8 TO PM 35.92) ALONG THE SOUTH SIDE OF STATE ROUTE 74 (EASTBOUND) TO PROVIDE STANDARD LANES, SHOULDER WIDTHS AND STANDARD PAVED MEDIAN FROM CALVERT AVENUE TO CALIFORNIA AVENUE NEAR THE CITY OF HEMET, IN RIVERSIDE COUNTY, CALIFORNIA 2.3 Commission has duly opened and considered the Contractor's bid proposal and duly awarded the bid to Contractor in accordance with the Notice Inviting Bids and other Bid Documents. 552 2.4 Contractor has obtained, and delivers concurrently herewith, Performance and Payment Bonds and evidences of insurance coverage as required by the Contract Documents. 3. TERMS. 3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference this Contract and the following Contract Documents provided with the above referenced Notice Inviting Bids, including all exhibits, drawings, specifications and documents therein, and attachments thereto, all of which, including all addendum thereto, are by this reference incorporated herein and made a part of this Contract: a. NOTICE INVITING BIDS b. INSTRUCTIONS TO BIDDERS c. CONTRACT BID FORMS d. FORM OF CONTRACT e. PAYMENT AND PERFORMANCE BOND FORMS f ESCROW AGREEMENT FOR SECURITY DEPOSITS g. CONTRACT APPENDIX PART "A" - Regulatory Requirements and Permits PART "B" - Special Provisions PART "C" — Revised Standard Specifications PART "D" - Contract Drawings (under separate cover) 3.2 Contractor's Basic Obligation. Contractor promises and agrees, at his own cost and expense, to furnish to the Commission all labor, materials, tools, equipment, services, and incidental and customary work for the construction of State Route 74 (SR -74) widening between Calvert Avenue and California Avenue (PM 34.8 to PM 35.92) on the south side of SR -74 (eastbound) to provide standard lanes, shoulder widths and standard paved median from Calvert Avenue to California Avenue. The total length of the project is approximately 1.3 miles, including transition striping areas and the limits for the installation of construction signage, (Work). Nothwithstanding anything else in the Contract Documents, the Contractor shall complete the Work for a total of One Million Nine Hundred Seventy Thousand Five Dollars ($1,970,004.00), as specified in the bid proposal and pricing schedules submitted by the Contractor in response to the above referenced Notice Inviting Bids. Such amount shall be subject to adjustment in accordance with the applicable terms of this Contract. All Work shall be subject to, and 563 performed in accordance with the above referenced Contract Documents. 3.3 Period of Performance. All jobsite activities must begin no later than 120 days (mobilization period) after receiving Notice to Proceed. Contractor shall perform and complete all Work under this Contract within 90 working days of the effective date of the Authorization to Start, which may occur within the 120 day mobilization period, and in accordance with any completion schedule developed pursuant to provisions of the Contract Documents. Contractor agrees that if such Work is not completed within the aforementioned periods, liquidated damages will apply as provided by the applicable provisions of the Special Provisions, found in Part "B" of the Contract Appendix. The amount of liquidated damages shall equal $3,000.00 for each day or fraction thereof, it takes to complete the Work, or specified portion(s) of the Work, over and above the number of days specified herein or beyond the Project Milestones established by approved Construction Schedules. 3.4 Commission's Basic Obligation. Commission agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract Documents, the Commission shall pay to Contractor, as full consideration for the satisfactory performance by the Contractor of services and obligation required by this Contract, the above referenced compensation in accordance with Compensation Provisions set forth in the Contract Documents. 3.5 Contractor's Labor Certification. Contractor maintains that he is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose is attached to this Contract as Exhibit "A" and incorporated herein by reference, and shall be executed simultaneously with this Contract. 3.6 Successors. The parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract. Contractor may not either voluntarily or by action 574 ; of law, assign any obligation assumed by Contractor hereunder without the prior written consent of the Commission. 3.7 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: Contractor: Commission: All American Asphalt 400 E. Sixth Street Corona, CA 92879 Attn: Robert Bradley Riverside County Transportation Commission P.O. Box 12008 Riverside, California 92502-2208 Attn: Executive Director Any notice so given shall be considered received by the other party three days after deposit in the U.S. Mail, first class postage prepaid, addressed to the party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. CONTRACTOR RIVERSIDE COUNTY ALL AMERICAN ASPHALT TRANSPORTATION COMMISSION By: By: Name Anne Mayer, Executive Director Title Tax I.D. Number: APPROVED AS TO FORM: By: Best, Best & Krieger LLP Counsel, RCTC 585 EXHIBIT "A" CERTIFICATION LABOR CODE - SECTION 1861 I, the undersigned Contractor, am aware of the provisions of Section 3700 et seq. of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of the Code. I agree to and will comply with such provisions before commencing the Work governed by this Contract. CONTRACTOR: Name of Contractor: All American Asphalt By: Signature Name Title Date 596 RIVERSIDE COUNTY TRANSPORTATION COMMISSION xxxxxxxxxxxxxxxxxxxxxxxx PERFORMANCE BOND xxxxxxxxxxxxxxxxxx FOR CONSTRUCTION OF STATE ROUTE 74 WIDENING BETWEEN CALVERT AVENUE AND CALIFORNIA AVENUE (PM 34.8 TO PM 35.92) ALONG THE SOUTH SIDE OF STATE ROUTE 74 (EASTBOUND) TO PROVIDE STANDARD LANES, SHOULDER WIDTHS AND STANDARD PAVED MEDIAN FROM CALVERT AVENUE TO CALIFORNIA AVENUE NEAR THE CITY OF HEMET, IN RIVERSIDE COUNTY, CALIFORNIA RCTC Agreement No. 13-31-139-00 December 11, 2013 0-1 PERFORMANCE BOND WHEREAS the Riverside County Transportation Commission (Obligee) has awarded to (Contractor), a contract for work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals FOR CONSTRUCTION OF STATE ROUTE 74 WIDENING BETWEEN CALVERT AVENUE AND CALIFORNIA AVENUE (PM 34.8 TO PM 35.92) ALONG THE SOUTH SIDE OF STATE ROUTE 74 (EASTBOUND) TO PROVIDE STANDARD LANES, SHOULDER WIDTHS AND STANDARD PAVED MEDIAN FROM CALVERT AVENUE TO CALIFORNIA AVENUE NEAR THE CITY OF HEMET, IN RIVERSIDE COUNTY, CALIFORNIA RCTC AGREEMENT NO. 13-31-139-00, and all other required services within the rights -of -way, easements and permits; WHEREAS, the Work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work (Public Work Contract) dated ; and WHEREAS, the Contractor is required by said Public Work Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof, NOW, THEREFORE, we , the undersigned Contractor, as Principal, and , a corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as Surety, as held and firmly bound unto the RIVERSIDE COUNTY TRANSPORTATION COMMISSION in the sum of dollars, ($ ), said sum being not less than 100% of the total amount payable by the said Obligee under the terms of the said Public Work Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Public Work Contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill the one year guarantee of all materials and workmanship; and indemnify and save harmless the Obligee, its officers and agents, as stipulated in the said Public Work Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. P61 2 In addition to the provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to make claims under Section 3181 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The said Surety, for value received, hereby stipulates and agrees that no change, extensions of time, alteration or addition to the terms of the Public Work Contract or to the Work to be performed thereunder, or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work or to Specifications. IN WITNESS WHEREOF, we have hereto set our hands and seals this day on , 20 Principal/Contractor By: President Surety By: Attorney -in -Fact The rate of premium on this bond is per thousand. The total amount of premium charged, $ (The above must be filled in by corporate surety.) PB - 3 62 STATE OF CALIFORNIA ) ss. COUNTY OF On this day of , in the year , before me, personally appeared , known to me (or proved to be on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney -in -Fact of the (surety) and acknowledged to me that he subscribed the name of the (surety) thereto and his own name as Attorney -in -Fact. (SEAL) Notary Public in and for said State My Commission expires PB-4 63 CERTIFICATE AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the corporation named as principal to the within bond; that who signed the said bond on behalf of the principal was then of said corporation that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing Board. (Corporate Seal) Signature Date NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto. PB-5 64 RIVERSIDE COUNTY TRANSPORTATION COMMISSION X X X * X X* X X X PAYMENT BOND XXXXXXXXXXXXXXXXXXXXXXX FOR CONSTRUCTION OF STATE ROUTE 74 WIDENING BETWEEN CALVERT AVENUE AND CALIFORNIA AVENUE (PM 34.8 TO PM 35.92) ALONG THE SOUTH SIDE OF STATE ROUTE 74 (EASTBOUND) TO PROVIDE STANDARD LANES, SHOULDER WIDTHS AND STANDARD PAVED MEDIAN FROM CALVERT AVENUE TO CALIFORNIA AVENUE NEAR THE CITY OF HEMET, IN RIVERSIDE COUNTY, CALIFORNIA RCTC Agreement No. 13-31-139-00 December 11, 2013 PB - 6 65 PAYMENT (MATERIAL & LABOR) BOND WHEREAS the Riverside County Transportation Commission (Obligee) has awarded to (Contractor), a contract for work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the CONSTRUCTION OF STATE ROUTE 74 WIDENING BETWEEN CALVERT AVENUE AND CALIFORNIA AVENUE (PM 34.8 TO PM 35.92) ALONG THE SOUTH SIDE OF STATE ROUTE 74 (EASTBOUND) TO PROVIDE STANDARD LANES, SHOULDER WIDTHS AND STANDARD PAVED MEDIAN FROM CALVERT AVENUE TO CALIFORNIA AVENUE NEAR THE CITY OF HEMET, IN RIVERSIDE COUNTY, CALIFORNIA RCTC AGREEMENT NO. 13-31-139-00, and all other required services within the right-of-way, easements and permits; WHEREAS, the Work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated , (Public Work Contract); and WHEREAS, said Contractor is required to furnish a bond in connection with said Public Work Contract providing that if said Contractor or any of his or its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for or about the performance of the Work contracted to be done, or for any work or labor done thereon of any kind, or for any amounts due under the provisions of 3248 of the California Civil Code, with respect to such work or labor, that Surety on this bond will pay the same. NOW, THEREFORE, we , the undersigned Contractor, as Principal and , a corporation organized and existing under the laws of the State of and duly authorize to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the RIVERSIDE COUNTY TRANSPORTATION COMMISSION and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the said Public Work, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to said Public Work to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid excepting the said Contractor, the sum of dollars, ($ ), said sum being not less that 100% of the total amount payable by said Obligee under the terms of the said Public Work Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents. PB - 7 66 THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Work contracted to be done, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein. In addition to the provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to make claims under Section 3181 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the said Public Work Contract or to the Work to be performed thereunder or the specification accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. IN WITNESS WHEREOF, we have hereto set our hands and seals this day on , 20 Principal/Contractor By: President Surety By: Attorney -in -Fact PB - 8 67 STATE OF CALIFORNIA ss. COUNTY OF On this day of , in the year personally , before me, appeared , known to me (or proved to be on the basis of satisfactory evidence) to be the person whose name instrument as the Attorney -in -Fact of the acknowledged to me that he subscribed the name of the and his own name as Attorney -in -Fact. Notary Public in and for said State My Commission expires is subscribed to the within (surety) and (surety) thereto (SEAL) 68 CERTIFICATE AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the corporation named as principal in the attached bond, that who signed the said bond on behalf of the principal was then of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing Board. (Corporate Seal) Signature Date 69 RIVERSIDE COUNTY TRANSPORTATION COMMISSION WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS SIGN -IN SHEET NOVEMBER 25, 2013 AGENCY EMAIL ADDRESS e0,1671E,,,, "7.e... ► m o (J !4C! +-OW iAJG i Cak1/11/L 4fry-7--,_,0 wf-_," 0/44 A ZelzuR4it, 2A-rt,Kt r(, + niri q 1,3 -Ia/ /' 7UA/G4 AID A co r` RIVERSIDE COUNTY TRANSPORTATION COMMISSION WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE ROLL CALL NOVEMBER 25, 2013 Present Absent County of Riverside, District I 0 0 County of Riverside, District V O 0 City of Banning 0 City of Corona 0 City of Eastvale 0 City of Jurupa Valley ,er City of Menifee City of Moreno Valley City of Norco City of Perris City of San Jacinto City of Wildomar Alexandra Rackerby From: Alexandra Rackerby Sent: Tuesday, November 19, 2013 4:28 PM To: Alexandra Rackerby Subject: RCTC Western Riverside County Programs and Projects Committee agenda Good afternoon Commissioners, The Western Riverside County Programs and Projects Committee agenda for Monday, November 25, 2013 is posted on our website at http://www.rctc.org/uploads/media items/western-riverside-county-programs-and-pro jects-committee- november-25-2013.original.pdf Let me know if you have any questions or concerns. Thank you. Respectfully, Allie Rackerby Riverside County Transportation Commission P.O. Box 12008 Riverside, CA 92502 (951) 787-7141 1 Riverside County Transportation Commission TO: Riverside County Transportation Commission FROM: Jennifer Harmon, Office and Board Services Manager DATE: November 19, 2013 SUBJECT: Possible Conflicts of Interest Issues — Western Riverside County Programs and Projects Committee Agenda of November 25, 2013 The November 25, 2013 agenda of the WRC Programs and Projects Committee includes items which may raise possible conflicts of interest. A RCTC member may not participate in any discussion or action concerning a contract or amendment if a campaign contribution of more than $250 is received in the past 12 months or 3 months following the conclusion from any entity or individual listed. Agenda Item No. 11— Amendment to Transportation Uniform Mitigation Fee Regional Arterial Agreement for the Railroad Canyon Road at Interstate 15 Interchange Project in the City of Lake Elsinore Consultant(s): SC Engineering 16096 Chiwi Road Apple Valley, CA 92307 Reyes S. "Sal" Chavez, President