HomeMy Public PortalAbout10 October 24, 2022 Western Riverside County Programs and Projects
MEETING AGENDA
Western Riverside County Programs and Projects Committee
Time: 1:30 p.m.
Date: October 24, 2022
Location: This meeting is being conducted virtually in accordance with AB 361 due to state or local officials
recommending measures to promote social distancing.
COMMITTEE MEMBERS
Ben J. Benoit, Chair/Joseph Morabito, City of Wildomar
Brian Berkson, Vice Chair/Guillermo Silva, City of Jurupa Valley
Wes Speake/Jim Steiner, City of Corona
Clint Lorimore/Todd Rigby, City of Eastvale
Linda Krupa/Malcolm Lilienthal, City of Hemet
Bill Zimmerman/Dean Deines, City of Menifee
Yxstian Gutierrez/Edward Delgado, City of Moreno Valley
Ted Hoffman/Katherine Aleman, City of Norco
Michael Vargas/Rita Rogers, City of Perris
Kevin Jeffries, County of Riverside, District I
Karen Spiegel, County of Riverside, District II
Jeff Hewitt, County of Riverside, District V
STAFF
Anne Mayer, Executive Director
Aaron Hake, Deputy Executive Director
AREAS OF RESPONSIBILITY
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.
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE
www.rctc.org
AGENDA*
*Actions may be taken on any item listed on the agenda
1:30 p.m.
Monday, October 24, 2022
This meeting is being conducted virtually in accordance with AB 361 due to state or local officials
recommending measures to promote social distancing.
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For members of the public wishing to submit comment in connection with the Western Riverside
County Programs and Projects Committee Meeting please email written comments to the Clerk of
the Board at lmobley@rctc.org and your comments will be made part of the official record of the
proceedings as long as the comment is received before the end of the meeting’s public comment
period. Members of the public may also make public comments through their telephone or Zoom
connection when recognized by the Chair.
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 on the
Commission’s website, www.rctc.org.
In compliance with the Americans with Disabilities Act, Government Code Section 54954.2, Executive
Order N-29-20, and the Federal Transit Administration Title VI, please contact the Clerk of the Board
at (951) 787-7141 if special assistance is needed to participate in a Committee meeting, including
accessibility and translation services. Assistance is provided free of charge. Notification of at least 48
hours prior to the meeting time will assist staff in assuring reasonable arrangements can be made to
provide assistance at the meeting.
Western Riverside County Programs and Projects Committee
October 24, 2022
Page 2
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENTS – 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. Each individual speaker is limited to speak
three (3) continuous minutes or less.
5. 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.)
6. CONSENT CALENDAR - All matters on the Consent Calendar will be approved in a single motion
unless a Commissioner(s) requests separate action on specific item(s). Items pulled from the
Consent Calendar will be placed for discussion at the end of the agenda.
6A. APPROVAL OF MINUTES – AUGUST 22, 2022
Page 1
7. AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES, MATERIALS TESTING, AND
CONSTRUCTION SURVEYING FOR THE INTERSTATE 15 SMART FREEWAY IMPROVEMENTS
PROJECT
Page 9
Overview
This item is for the Committee to:
1) Award Agreement No. 22-31-098-00 to Anser Advisory Management, LLC dba Anser
Advisory (Anser) for construction management services, materials testing, and
construction surveying for the Interstate 15 SMART Freeway Improvements Project in
the amount of $2,072,210, plus a contingency amount of $207,221, for a total amount
not to exceed $2,279,431;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to finalize
and execute the agreement, on behalf of the Commission;
3) Authorize the Executive Director, or designee, to approve contingency work up to the
total not to exceed amount as required for these services; and
4) Forward to the Commission for final action.
Western Riverside County Programs and Projects Committee
October 24, 2022
Page 3
8. AMENDMENT TO CITY OF BANNING’S FISCAL YEAR 2022/23 SHORT RANGE TRANSIT PLAN
Page 87
Overview
This item is for the Committee to:
1) Approve a $550,000 increase in the Fiscal Year 2022/23 State Transit Assistance (STA)
funding allocation for the city of Banning (City);
2) Amend the City’s FY 2022/23 Short Range Transit Plan (SRTP) to increase the STA
allocation in the amount of $550,000 for Project No. 23-01 “Bus Replacement;” and
3) Forward to the Commission for final action.
9. EXECUTIVE DIRECTOR REPORT
10. COMMISSIONER COMMENTS
Overview
This item provides the opportunity for brief announcements or comments on items or matters
of general interest.
11. ADJOURNMENT
The next Western Riverside County Programs and Projects Committee meeting is scheduled
to be held at 1:30 p.m., Monday, November 28, 2022.
AGENDA ITEM 6A
MINUTES
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE
Monday, August 22, 2022
MINUTES
1.CALL TO ORDER
The meeting of the Western Riverside County Programs and Projects Committee was
called to order by Chair Ben J. Benoit at 1:30 p.m., in the Board Room at the County of
Riverside Administrative Center, 4080 Lemon Street, First Floor, Riverside, California,
92501.
2.ROLL CALL
Members/Alternates Present Members Absent
Ben Benoit Brian Berkson
Jeff Hewitt Yxstian Gutierrez
Ted Hoffman Kevin Jeffries
Malcolm Lilienthal
Clint Lorimore
Wes Speake
Karen Spiegel
Michael Vargas
Bill Zimmerman
3.PLEDGE OF ALLEGIANCE
Commissioner Ted Hoffman led the Western Riverside County Programs and Projects
Committee in a flag salute.
4.PUBLIC COMMENTS
Arnold San Miguel, Southern California Association of Governments’ (SCAG) Regional
Affairs Officer, announced registration is now open on the SCAG website for the SCAG
and the USC Sol Price School of Public Policy 33rd Annual Demographic Workshop and this
year’s theme is “Forecasting the New Normal”. The workshop will be held virtually in two
parts on September 14 and on September 21 from 1:30 p.m. to 4:45 p.m. The workshop
will include experts weighing in on how they can forecast for an uncertain future when
they have limited information available today. He announced if they are aware of any
organizations that might be interested in applying for the anticipated public release of the
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August 22, 2022
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Connect SoCal Sustainable Communities Program (SCP) Call 4 – Civic Engagement, Equity
& Environmental Justice. SCAG staff will be recommending that the SCAG Regional Council
approve the Connect SoCal Sustainable Communities Plan Call number 4 Guidelines and
authorize staff to release those projects in the fall. He also noted October 5 is California
Clean Air Day.
5. ADDITIONS/REVISIONS
There were no additions or revisions to the agenda.
M/S/C (Vargas/Zimmerman) to approve the minutes as submitted.
6. APPROVAL OF MINUTES – JUNE 27, 2022
7. AGREEMENTS FOR FREEWAY SERVICE PATROL TOW TRUCK SERVICE
Brian Cunanan, Commuter & Motorist Assistance Manager, presented the Freeway
Service Patrol (FSP) contract awards, highlighting the following:
• Request for proposals (RFP) for two service area contracts – Express Lanes 91,
15 facilities, and Interstate 215 Beat Nos. 18 and 19
• Scope of work and timeline
• Evaluation committee/criteria and rankings
• Contract extensions with current providers
Commissioner Karen Spiegel stated not realizing the value of these until they needed this
service and she had experienced it on two occasions since the Commission last had a
contract. She expressed the FSP drivers on both occasions of her personal experience
were awesome and that is certainly of value as they got them off the freeway, they took
care of them, and explained everything. Commissioner Spiegel expressed appreciation as
it was a wonderful experience for a bad accident and to staff for going through such
details on this, and it is a very strong value that the Commission gets for their money.
Commissioner Jeff Hewitt stated he cannot make the motion because he has to recuse
himself on staff’s recommendation no. 3 because he had a campaign contribution.
M/S/C (Spiegel/Speake) to:
1) Award Agreement No. 22-45-085-00 to Royal Coaches Auto Body and
Towing, LLC for Freeway Service Patrol (FSP) tow truck services on
Interstate 215, Beat Nos. 18 and 19, for a five-year term, in the amount
of $3,197,457, plus a contingency amount of $159,873, for a total amount
not to exceed $3,357,330;
2) Award Agreement No. 22-45-102-00 to Royal Coaches Auto Body and
Towing, LLC for Freeway Service Patrol (FSP) tow truck services on State
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August 22, 2022
Page 3
Route 91 and I-15 Express Lanes for a five-year term, in the amount of
$7,267,918, plus a contingency amount of $363,396, for a total amount
not to exceed $7,631,314;
3) Approve Agreement No. 17-45-061-05, Amendment No. 5 to Agreement
No. 17-45-061-00 with Pepe’s Towing (Pepe’s) for continued FSP services
on Beat 18 & 19 for an additional six months through March 31, 2023 and
to increase the hourly rate from $67.75 to $84.15. No additional funding
is necessary, as the current contract amount is sufficient to cover the
increased rate;
4) Approve Agreement No. 16-45-103-05, Amendment No. 5 to Agreement
No. 16-45-103-00 with Steve’s Towing (Steve’s) for continued FSP
services on the Commission’s Express Lanes (Beats 91T and 15T) for an
additional two months through March 31, 2023 and to increase the
hourly rate from $70.00 to $84.00 for an additional amount of $8,250 and
a total amount not to exceed $2,224,347;
5) Authorize the Chair or Executive Director, pursuant to legal counsel
review, to execute the agreements on behalf of the Commission;
6) Authorize the Executive Director, or designee, to approve the use of the
contingency amount as may be required for these services; and
7) Forward to the Commission for final action.
Abstain: Hewitt on Staff’s Recommendation No. 3
In response to Haviva Shane, Legal Counsel, request for Commissioner Hewitt to state on
record why he needs to recuse himself, Commissioner Hewitt replied it is because he took
a campaign contribution from that entity in January 2022 for over the amount that is
allowed. Haviva Shane stated for the record the committee on that item did not really
have any discussion.
8. AGREEMENT FOR PREPARATION OF PLANS, SPECIFICATIONS AND ESTIMATE FOR THE
MID COUNTY PARKWAY PROJECT CONSTRUCTION PACKAGE NO. 3 ALONG RAMONA
EXPRESSWAY
Joie Edles Yanez, Capital Projects Manager, presented the Mid County Parkway Project
Construction Package No. 3 (MCP3), highlighting the following areas:
• MCP Project background
• MCP3 development and a map of the proposed alignment of MCP3
Project Limits: Approximately one mile east of Rider Street to Warren Road
along Ramona Expressway
Existing: one lane in both directions
Proposed: Add two new westbound lanes, restripe existing two lanes to
eastbound, install raised median with delineators, a new bridge over the
San Jacinto River, and traffic signals
• Procurement process, final design contract, and agency agreements
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• $36,939,000 Right of way (ROW) Surface Transportation Block Grant (STBG)
originally programmed for MCP2 ROW acquisition
$21,939,000 Reprogrammed to MCP 3 for construction
$15,000,000 MCP 2 ROW in imminent risk of development
• Fiscal impact
Commissioner Wes Speake expressed appreciation for the presentation and asked about
the Rivers & Land Conservancy endowment as RCTC purchased 154 acres originally and
then purchased an additional 32 acres and he wanted to know if the 32 acres is specifically
to cover the impacts from this project since they did not anticipate it.
Joie Edles replied it should be the entire MCP so that is the whole entire corridor, which
is the 16 miles.
Commissioner Speake stated RCTC just took the opportunity to purchase this, he is very
pleased to see this going forward.
Commissioner Michael Vargas asked to expand on the raised median, if there is going to
be K-rails, and about the delineator part as he is still afraid of cars crossing over opposing
traffic and a raised median is not going to prevent that from happening.
Joie Edles replied they are about to segway into design and it is not finalized yet, but what
they are thinking of doing right now is a combination of raised median with delineators in
some segments.
In response to Commissioner Vargas’ clarification about what she is referring to as the
delineator, Joie Edles replied it is the cone.
Commissioner Vargas expressed the cone is not going to prevent a car from crossing over
the lanes and that is how these fatalities have been happening on the highways and this
is what the Commission is supposed to be fixing. He suggested when they do go into this
study that a delineator does not prevent a car from crossing over the other lanes they
need some type of a K-rail structure to prevent cars from crossing over.
Anne Mayer explained there will be some segments along the corridor that will likely have
an actual median barrier, which is a concrete barrier that is up at a higher level. There
will be some sections which will likely be curb with delineators as well because there will
be some sections along this corridor that will require left turns. She stated there are
dairies along this area and other areas where RCTC will have to provide for left turn
pockets, which means they would not be able to have the full height barrier there they
would need to have a curb. Anne Mayer explained it would be a raised median curb in
the area and those sections would need delineators, but the goal would be to maximize
the barriers along that corridor as much as possible to prevent the cross-median
accidents. She noted a lot of this will depend on what kind of access is needed in and out
of some of those properties.
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Commissioner Vargas stated he understood as that is the whole thing, which is to prevent
these cars from crossing over.
Commissioner Bill Zimmerman stated regarding the $15 million they want to leave for the
MCP2 ROW differed project and asked do they remain hopeful that there will be a day
when this project is revived, and that ROW money can be used, and the project is going
to move forward. He does not know where they stand on the future of the original MCP2.
Anne Mayer replied that staff is eternally hopeful the project will move forward. She
stated what is important with this ROW acquisition is that some of these parcels are in
the development process and they will be developed. One of the ways to make sure they
are keeping their options open for the future either an interim or the ultimate MCP is to
ensure the land is there to build upon, because if it gets developed it decreases the
likelihood that they could ever afford to build the corridor. She explained by acquiring
the ROW now if they are able to come to an agreement with the property owners by
buying the property now, they can preserve their options for the future for the corridor.
If at some point the Commission decides it is not going to proceed, then the surplus land
is there the land can be set for surplus sale and RCTC can sale the property. She stated
this is the way to preserve the capability and the option for that future corridor.
Commissioner Zimmerman stated he supports the project and for shifting funds to the
Ramona Expressway as it is obvious there is a need there as well. He noted he would like
to see both get done someday and expressed appreciation for the update.
Commissioner Jeff Hewitt stated regarding Commissioner Vargas’ question part of this is
kind of like a two stage, in other words the need for doing something right now is
immediate. He noted that he used to be a huge K-rail person until Mark Lancaster,
Director of Transportation Land Management, drove him out there and explained all the
criteria that it takes to do that properly when it is not just a temporary project when they
see K-rails all the time on the freeway. He explained this double curb it is raised it is going
to keep a lot of that from happening, and this will do something for seven miles, and this
is a big chunk of that MCP. The effect for those areas of Nuevo and Lakeside and all the
people commuting in and out of the San Jacinto and Hemet areas are going to really
benefit from this. He expressed appreciation that they are moving along on a major
project like this and to have the plans, specifications, and estimates (PS&E) done in 18
months and then another 18 months of construction. Commissioner Hewitt stated once
the Commissioners are done speaking, he would like to make the motion to staff’s
recommendation.
Commissioner Ted Hoffman explained as Commissioner Hewitt pointed out even with
median or medium, he hopes the engineers think about as many traffic calming devices
as they can as speed will be encouraged with that road being opened. There are two
concepts with traffic calming devices, one is the physical apparent and two is the visual
and if they do not do the visual apparent, they do not work. Commissioner Hoffman
noted when he worked out in the area, he went to fatalities on Ramona Expressway when
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it was two lanes, and it is dark. Those are things when the engineers look at this to
incorporate the lighting and any type of traffic calming measures that they can to put in
there to keep that speed down.
M/S/C (Spiegel/Hewitt) to:
1) Award Agreement No. 23-31-007-00 to Jacobs Engineering Group to
prepare plans, specifications, and estimates (PS&E) for the Mid County
Parkway Construction Package No. 3 (MCP3) from approximately one
mile east of Rider Street to Warren Road along the Ramona Expressway
(Project), in the county of Riverside in the amount of $10,642,182 plus a
contingency amount of $2,357,818 for a total amount not to exceed
$13,000,000;
2) Approve the use of $5,686,000 of state Senate Bill 1 Local Partnership
Program (LPP) Formula funds for Project design;
3) Approve the use of $7,314,000 of Transportation Uniform Mitigation Fee
- Community Environmental Transportation Acceptability Process
(TUMF-CETAP) funds for Project design;
4) Approve Cooperative Agreement No. 23-31-004-00 with County of
Riverside Transportation and Land Management Agency (CRTLMA) for
MCP3 final design, right of way (ROW) acquisition, construction, and
maintenance. This agreement includes a $1,000,000 contribution by
CRTLMA to RCTC for the MCP 3 project;
5) Approve Agreement Nos. 23-31-005-00 and 23-31-006-00 with Rivers &
Land Conservancy and the use of $1,004,672 of Measure A funds for
endowment toward the conservation easement of Sweeney and San
Timoteo Canyon mitigation sites;
6) Approve the use of $15,000,000 [$13,279,500 of Surface Transportation
Block Grant Program (STBG) and a match of $1,720,500 of TUMF-CETAP]
for right of way corridor (ROW) preservation within MCP Construction
Package 2 (MCP2) limits;
7) Authorize the Executive Director, pursuant to legal counsel review, to
finalize the conservation easement and endowment mitigation
agreements on behalf of the Commission;
8) Authorize the Executive Director to make changes between fund types
within the total amounts approved by the Commission to facilitate the
most efficient use of funds;
9) Authorize the Chair or Executive Director, pursuant to legal counsel
review, to execute the agreements on behalf of the Commission;
10) Authorize the Executive Director or designee to approve contingency
work as may be required for the Project; and
11) Forward to the Commission for final action.
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9. EXECUTIVE DIRECTOR REPORT
Anne Mayer announced:
• Expressed appreciation to the Commissioners for all the support for proceeding
with the MCP3 and congratulated RCTC, County of Riverside, and the consultant
team for pulling together a scope and finding ways to make sure this is done as
quickly as possible.
• On August 19, the Mobility 21 Summit was held in person for the first time in three
years and there was great attendance from all over Southern California. She
expressed appreciation for Commissioners Hewitt, Speake, and Spiegel that
attended the Mobility 21 Summit and Chair Perez spoke on a panel with his
colleagues from the other counties talking about issues of great importance.
There were several of RCTC’s state partners that were in attendance and was able
to have some conversations with them. There was a lot of interest in working
together to bring more money back to Southern California and strategies on how
to do that. She apologized in advance for losing at Jeopardy because Ray Wolfe,
San Bernardino County Transportation Authority (SBCTA) was raising his hand too
fast, but Hasan Ikhrata, Executive Director from San Diego Association of
Governments (SANDAG) was the winner of Jeopardy.
Commissioner Speake stated Secretary Toks Omishakin, Cal State Transportation
Agency (CalSTA), will not forget discussions with RCTC Commissioners as Secretary
Omishakin thanked him when he left the Summit and said to thank the other
Commissioners from RCTC that were very vocal, and Commissioner Speake noted
that it was done in a very positive way. Anne Mayer replied that many
Commissioners found their way to Secretary Omishakin’s ear so that is terrific.
Lisa Mobley, Administrative Services Director/Clerk of the Board, announced
there are no committee meetings scheduled for September 2022 as they fell on a
holiday. The next committee meetings will be held in October 2022.
10. COMMISSIONER COMMENTS
10A. Commissioner Spiegel expressed appreciation to Joie Edles for doing a great job
on her first presentation.
• Announced that Anne Mayer did an incredible job on the panel at the
Mobility 21 Summit, and she is proud that Anne Mayer represents the
Commission
10B. Commissioner Malcolm Lilienthal expressed appreciation to everyone who
worked on the MCP project because he has had a lot of family that has come to
him who have lost family members along some of these corridors. He is glad that
he can go back to his constituents and let them know the MCP3 is going forward
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August 22, 2022
Page 8
and can provide a timeline and expressed let’s see if they can bring some safety
back to their communities.
11. ADJOURNMENT
There being no further business for consideration by the Western Riverside County
Programs and Projects Committee, the meeting was adjourned at 2:08 p.m.
Respectfully submitted,
Lisa Mobley
Administrative Services Director/
Clerk of the Board
8
AGENDA ITEM 7
Agenda Item 7
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: October 24, 2022
TO: Western Riverside County Programs and Projects Committee
FROM: Bryce Johnston, Senior Capital Projects Manager
THROUGH: Erik Galloway, Project Delivery Director
SUBJECT:
Agreement for Construction Management Services, Materials Testing, and
Construction Surveying for the Interstate 15 SMART Freeway Improvements
Project
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Award Agreement No. 22-31-098-00 to Anser Advisory Management, LLC dba Anser
Advisory (Anser) for construction management services, materials testing, and
construction surveying for the Interstate 15 SMART Freeway Improvements Project in the
amount of $2,072,210, plus a contingency amount of $207,221, for a total amount not to
exceed $2,279,431;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to finalize and
execute the agreement, on behalf of the Commission;
3) Authorize the Executive Director, or designee, to approve contingency work up to the
total not to exceed amount as required for these services; and
4) Forward to the Commission for final action.
BACKGROUND INFORMATION:
The Riverside County Transportation Commission, in partnership with Caltrans awarded
Agreement No. 21-31-063-00 to WSP USA Inc. (WSP), to provide professional services for
preliminary engineering/environmental documents, final design, construction support, and
operation support services for Interstate 15 SMART Freeway project (the Project). The Project
will improve safety and maintain a steady flow of traffic for this eight-mile section of roadway on
northbound I-15 from the San Diego/Riverside County Line to the 15/215 Interchange split in
Murrieta which has frequent congestion, especially during peak afternoon commute times.
Caltrans is reviewing the 95 percent design and the project team anticipates having a finalized
design toward the end of 2022.
9
Agenda Item 7
Procurement Process
Pursuant to Government Code 4525 et seq, selection of architect, engineer, and related services
shall be on the basis of demonstrated competence and on professional qualifications necessary
for the satisfactory performance of the services required. Therefore, staff used the qualification
method of selection for the procurement of construction management services, materials
testing, and construction surveying for the Project. Evaluation criteria included elements such as
corporate qualifications of the offeror and team, qualifications of key team personnel,
construction management organization and staffing, project understanding and approach,
materials testing and construction surveying, and the ability to respond to the requirements set
forth under the terms of the request for qualifications (RFQ).
RFQ No. 22-31-098-00 for Construction Management Services, Materials Testing, and
Construction Surveying for the Interstate 15 SMART Freeway Improvements Project was released
by staff on June 7, 2022. The RFQ was posted on the Commission’s Planet Bids website, which is
accessible through the Commission’s website. Through Planet Bids, 70 firms downloaded the
RFQ; 10 of these firms are located in Riverside County. A pre-submittal meeting was held on
June 22, 2022 and attended by 10 firms. Staff responded to all questions submitted by potential
proposers prior to the June 30, 2022, clarification deadline. Five firms – Anser Advisory
(Santa Ana); Arcadis-US, Inc. (Riverside); Falcon Engineering Services (Corona); HDR Engineering,
Inc (Riverside); and Southstar Engineering and Consulting (Riverside) – submitted responsive and
responsible statements of qualifications prior to the 2:00 p.m. submittal deadline on
July 13, 2022. Based on the evaluation criteria set forth in the RFQ, the firms were evaluated and
scored by an evaluation committee comprised of Commission, Bechtel, city of Temecula, and
Caltrans staff.
Based on the evaluation committee’s assessment of the written statement of qualifications and
pursuant to the terms of the RFQ, the evaluation committee shortlisted and invited two firms
(Anser and Arcadis-US, Inc.) to the interview phase of the evaluation and selection process.
Interviews were conducted on August 2, 2022.
As a result of the evaluation process, the evaluation committee recommends contract award to
Anser for construction management services, materials testing, and construction surveying for
the Interstate 15 SMART Freeway Improvements Project, as this firm earned the highest total
evaluation score.
Subsequently, staff negotiated the price received from Anser for the Project services and
established a fair and reasonable price. Staff recommends award of Agreement
No. 22-31-098-00 for construction management services, materials testing, and construction
surveying for the Interstate 15 SMART Freeway Improvements Project in the amount of
$2,072,210, plus a contingency amount of $207,221, for a total amount not to exceed
$2,279,431. A 10 percent contingency is assumed for this Project. Staff also recommends
authorization for the Chair or Executive Director to finalize and execute the agreement for the
10
Agenda Item 7
Project, and authorization of the Executive Director, or designee, to approve contingency work
up to the total not to exceed amount as required for these services.
FISCAL IMPACT:
The Anser agreement in the amount of $2,279,431 will be funded with the following fund
sources:
• Congestion Mitigation and Air Quality (CMAQ) - $2,279,431
The amount noted for funding source is an estimate at this time. Additional funding sources may
become available at a later date. Modifications to the corresponding amount for funding source
may be made at the time of budget development during the upcoming fiscal years.
Financial Information
In Fiscal Year Budget: Yes Year: 2022/2023
2023/2024+ Amount: $700,000
$1,579,431
Source of Funds: CMAQ Budget Adjustment: No
GL/Project Accounting No.: 003051 81302 00000 0000 261 31 81301
Fiscal Procedures Approved:
Date: 10/18/2022
Attachment: Draft Agreement No. 22-31-098-00 with Anser
11
1
Agreement No. 22-31-098-00
PROFESSIONAL SERVICES AGREEMENT
WITH FHWA FUNDING/ASSISTANCE
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AGREEMENT WITH
ANSER ADVISORY MANAGEMENT, LLC DBA ANSER ADVISORY
FOR
CONSTRUCTION MANAGEMENT SERVICES, MATERIALS TESTING, AND
CONSTRUCTION SURVEYING
FOR THE
INTERSTATE 15 SMART FREEWAY IMPROVEMENTS PROJECT
Parties and Date.
This Agreement is made and entered into this ___ day of _______, 2022, by and
between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("the
Commission") and ANSER ADVISORY ("Consultant"), a Corporation. The Commission
and Consultant are sometimes referred to herein individually as “Party”, and collectively
as the “Parties”.
Recitals.
A.On November 8, 1988 the Voters of Riverside County approved Measure A
authorizing the collection of a one-half percent (1/2 %) retail transactions and use tax
(the “tax”) to fund transportation programs and improvements within the County of
Riverside, and adopting the Riverside County Transportation Improvement Plan (the
“Plan”).
B.Pursuant to Public Utility Code Sections 240000 et seq., the Commission is
authorized to allocate the proceeds of the Tax in furtherance of the Plan.
C.On November 5, 2002, the voters of Riverside County approved an extension of
the Measure A tax for an additional thirty (30) years for the continued funding of
transportation and improvements within the County of Riverside.
D.A source of funding for payment for professional services provided under this
Agreement is federal funds administered by the California Department of Transportation
(“Caltrans”) from the United States Department of Transportation pursuant to the
following project/program: CMAQ
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E. Consultant desires to perform and assume responsibility for the provision of
certain professional services required by the Commission on the terms and conditions
set forth in this Agreement. Consultant represents that it is experienced in providing
Construction Management services to public clients, is licensed in the State of California
(if necessary), and is familiar with the plans of the Commission.
F. The Commission desires to engage Consultant to render such services for the
Interstate 15 SMART Freeway Improvements Project (“Project”), as set forth in this
Agreement.
Terms.
1. General Scope of Services. Consultant shall furnish all technical and
professional services, including labor, material, equipment, transportation, supervision
and expertise, and incidental and customary work necessary to fully and adequately
supply professional construction management services necessary for the Project
(“Services”). The Services are more particularly described in Exhibit “A” attached
hereto and incorporated herein by reference. All Services shall be subject to, and
performed in accordance with, this Agreement, the exhibits attached hereto and
incorporated herein by reference, and all applicable local, state and federal laws, rules
and regulations.
2. Commencement of Services. The Consultant shall commence work upon receipt
of a written "Notice to Proceed" or "Limited Notice to Proceed" from Commission.
3. Pre-Award Audit. As a result of the federal funding for this Project, and to the
extent Caltrans procedures apply in connection therewith, issuance of a “Notice to
Proceed” may be contingent upon completion and approval of a pre-award audit. Any
questions raised during the pre-award audit shall be resolved before the Commission
will consider approval of this Agreement. The federal aid provided under this
Agreement is contingent on meeting all Federal requirements and could be withdrawn,
thereby entitling the Commission to terminate this Agreement, if the procedures are not
completed. The Consultant’s files shall be maintained in a manner to facilitate Federal
and State process reviews. In addition, the applicable federal agency, or Caltrans
acting in behalf of a federal agency, may require that prior to performance of any work
for which Federal reimbursement is requested and provided, that said federal agency or
Caltrans must give to Commission an “Authorization to Proceed”.
4. Caltrans Audit Procedures. Consultant and subconsultant contracts, including
cost proposals and ICR, are subject to audits or reviews such as, but not limited to, a
contract audit, an incurred cost audit, an Independent Cost Review (ICR) Audit, or a
CPA ICR audit work paper review. If selected for audit or review, this Agreement,
Consultant’s cost proposal and ICR and related work papers, if applicable, will be
reviewed to verify compliance with 48 CFR, Part 31 and other related laws and
regulations. In the instances of a CPA ICR audit work paper review it is Consultant’s
responsibility to ensure federal, state, or local government officials are allowed full
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access to the CPA’s work papers including making copies as necessary. This
Agreement, Consultant’s cost proposal, and ICR shall be adjusted by Consultant and
approved by the Commission’s contract manager to conform to the audit or review
recommendations. Consultant agrees that individual terms of costs identified in the audit
report shall be incorporated into this Agreement by this reference if directed by
Commission at its sole discretion. Refusal by Consultant to incorporate audit or review
recommendations, or to ensure that the federal, state or local governments have access
to CPA work papers, will be considered a breach of the Agreement terms and cause for
termination of this Agreement and disallowance of prior reimbursed costs. Additional
audit provisions applicable to this Agreement are set forth in Sections 23 and 24 of this
Agreement.
5. Term.
5.1 This Agreement shall go into effect on the date first set forth above,
contingent upon approval by Commission, and Consultant shall commence work after
notification to proceed by Commission’s Contract Administrator. This Agreement shall
end on November 30, 2026, unless extended by contract amendment.
5.2 Consultant is advised that any recommendation for Agreement award is
not binding on Commission until this Agreement is fully executed and approved by the
Commission.
5.3 This Agreement shall remain in effect until the date set forth above, unless
earlier terminated as provided herein. Consultant shall complete the Services within the
term of this Agreement, and shall meet any other established schedules and deadlines.
All applicable indemnification provisions of this Agreement shall remain in effect
following the termination of this Agreement.
6. Commission’s Contract Administrator. The Commission hereby designates the
Commission’s Executive Director, or his or her designee, to act as its Contract
Administrator for the performance of this Agreement (“Commission’s Contract
Administrator”). Commission’s Contract Administrator shall have the authority to act on
behalf of the Commission for all purposes under this Agreement. Commission’s
Contract Administrator shall also review and give approval, as needed, to the details of
Consultant’s work as it progresses. Consultant shall not accept direction or orders from
any person other than the Commission’s Contract Administrator or his or her designee.
7. Consultant’s Representative. Consultant hereby designates Lucas Rathe to act
as its Representative for the performance of this Agreement (“Consultant’s
Representative”). Consultant’s Representative shall have full authority to act on behalf
of Consultant for all purposes under this Agreement. The Consultant’s Representative
shall supervise and direct the Services, using his or her professional skill and attention,
and shall be responsible for all means, methods, techniques, sequences and
procedures and for the satisfactory coordination of all portions of the Services under this
Agreement. Consultant shall work closely and cooperate fully with Commission’s
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Contract Administrator and any other agencies which may have jurisdiction over, or an
interest in, the Services. Consultant’s Representative shall be available to the
Commission staff at all reasonable times. Any substitution in Consultant’s
Representative shall be approved in writing by Commission’s Contract Administrator.
8. Substitution of Key Personnel. Consultant has represented to the Commission
that certain key personnel will perform and coordinate the Services under this
Agreement. Should one or more of such personnel become unavailable, Consultant
may substitute other personnel of at least equal competence upon written approval by
the Commission. In the event that the Commission and Consultant cannot agree as to
the substitution of the key personnel, the Commission shall be entitled to terminate this
Agreement for cause, pursuant to the provisions herein. The key personnel for
performance of this Agreement are as follows: Lucas Rathe, Musaab Al Madhadi,
and Jason Stack.
9. Standard of Care; Licenses. Consultant represents and maintains that it is
skilled in the professional calling necessary to perform all Services, duties and
obligations required by this Agreement to fully and adequately complete the Project.
Consultant shall perform the Services and duties in conformance to and consistent with
the standards generally recognized as being employed by professionals in the same
discipline in the State of California. Consultant warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services
assigned to them. Consultant further represents and warrants to the Commission that
its employees and subcontractors have all licenses, permits, qualifications and
approvals of whatever nature that are legally required to perform the Services, and that
such licenses and approvals shall be maintained throughout the term of this Agreement.
Consultant shall perform, at its own cost and expense and without reimbursement from
the Commission, any services necessary to correct errors or omissions which are
caused by the Consultant’s failure to comply with the standard of care provided for
herein, and shall be fully responsible to the Commission for all damages and other
liabilities provided for in the indemnification provisions of this Agreement arising from
the Consultant’s errors and omissions. Any employee of Consultant or its sub-
consultants who is determined by the Commission to be uncooperative, incompetent, a
threat to the adequate or timely completion of the Project, a threat to the safety of
persons or property, or any employee who fails or refuses to perform the Services in a
manner acceptable to the Commission, shall be promptly removed from the Project by
the Consultant and shall not be re-employed to perform any of the Services or to work
on the Project.
10. Independent Contractor. The Services shall be performed by Consultant or
under its supervision. Consultant will determine the means, methods and details of
performing the Services subject to the requirements of this Agreement. Commission
retains Consultant on an independent contractor basis and not as an employee, agent
or representative of the Commission. Consultant retains the right to perform similar or
different services for others during the term of this Agreement. Any additional personnel
performing the Services under this Agreement on behalf of Consultant shall at all times
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be under Consultant’s exclusive direction and control. Consultant shall pay all wages,
salaries and other amounts due such personnel in connection with their performance of
Services and as required by law. Consultant shall be responsible for all reports and
obligations respecting such personnel, including but not limited to, social security taxes,
income tax withholdings, unemployment insurance, disability insurance, and workers’
compensation insurance.
11. Schedule of Services. Consultant shall perform the Services expeditiously,
within the term of this Agreement, and in accordance with the Schedule of Services set
forth in Exhibit “B” attached hereto and incorporated herein by reference. Consultant
represents that it has the professional and technical personnel to perform the Services
in conformance with such conditions. In order to facilitate Consultant’s conformance
with the Schedule, the Commission shall respond to Consultant’s submittals in a timely
manner. Upon request of Commission’s Contract Administrator, Consultant shall
provide a more detailed schedule of anticipated performance to meet the Schedule of
Services.
11.1 Modification of the Schedule. Consultant shall regularly report to the
Commission, through correspondence or progress reports, its progress in providing
required Services within the scheduled time periods. Commission shall be promptly
informed of all anticipated delays. In the event that Consultant determines that a
schedule modification is necessary, Consultant shall promptly submit a revised
Schedule of Services for approval by Commission’s Contract Administrator.
11.2 Trend Meetings. Consultant shall conduct trend meetings with the
Commission’s Contract Administrator and other interested parties, as requested by the
Commission, on a bi weekly basis or as may be mutually scheduled by the Parties at a
standard day and time. These trend meetings will encompass focused and informal
discussions concerning scope, schedule, and current progress of Services, relevant
cost issues, and future Project objectives. Consultant shall be responsible for the
preparation and distribution of meeting agendas to be received by the Commission and
other attendees no later than three (3) working days prior to the meeting.
11.3 Progress Reports. As part of its monthly invoice, Consultant shall submit
a progress report, in a form determined by the Commission, which will indicate the
progress achieved during the previous month in relation to the Schedule of Services.
Submission of such progress report by Consultant shall be a condition precedent to
receipt of payment from the Commission for each monthly invoice submitted.
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12. Delay in Performance.
12.1 Excusable Delays. Should Consultant be delayed or prevented from the
timely performance of any act or Services required by the terms of the Agreement by
reason of acts of God or of the public enemy, acts or omissions of the Commission or
other governmental agencies in either their sovereign or contractual capacities, fires,
floods, epidemics, quarantine restrictions, strikes, freight embargoes or unusually
severe weather, performance of such act shall be excused for the period of such delay.
12.2 Written Notice. If Consultant believes it is entitled to an extension of time
due to conditions set forth in subsection 12.1, Consultant shall provide written notice to
the Commission within seven (7) working days from the time Consultant knows, or
reasonably should have known, that performance of the Services will be delayed due to
such conditions. Failure of Consultant to provide such timely notice shall constitute a
waiver by Consultant of any right to an excusable delay in time of performance.
12.3 Mutual Agreement. Performance of any Services under this Agreement
may be delayed upon mutual agreement of the Parties. Upon such agreement,
Consultant’s Schedule of Services shall be extended as necessary by the Commission.
Consultant shall take all reasonable steps to minimize delay in completion, and
additional costs, resulting from any such extension.
13. Preliminary Review of Work. All reports, working papers, and similar work
products prepared for submission in the course of providing Services under this
Agreement shall be submitted to the Commission’s Contract Administrator in draft form,
and the Commission may require revisions of such drafts prior to formal submission and
approval. In the event plans and designs are to be developed as part of the Project,
final detailed plans and designs shall be contingent upon obtaining environmental
clearance as may be required in connection with Federal funding. In the event that
Commission’s Contract Administrator, in his or her sole discretion, determines the
formally submitted work product to be not in accordance with the standard of care
established under this Agreement, Commission’s Contract Administrator may require
Consultant to revise and resubmit the work at no cost to the Commission.
14. Appearance at Hearings. If and when required by the Commission, Consultant
shall render assistance at public hearings or other meetings related to the Project or
necessary to the performance of the Services. However, Consultant shall not be
required to, and will not, render any decision, interpretation or recommendation
regarding questions of a legal nature or which may be construed as constituting a legal
opinion.
15. Opportunity to Cure; Inspection of Work. Commission may provide Consultant
an opportunity to cure, at Consultant’s expense, all errors and omissions which may be
disclosed during Project implementation. Should Consultant fail to make such
correction in a timely manner, such correction may be made by the Commission, and
the cost thereof charged to Consultant. Consultant shall allow the Commission’s
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Contract Administrator, Caltrans and FHWA to inspect or review Consultant’s work in
progress at any reasonable time.
16. Claims Filed by Contractor.
16.1 If claims are filed by the Commission’s contractor for the Project
(“Contractor”) relating to work performed by Consultant’s personnel, and additional
information or assistance from the Consultant’s personnel is required by the
Commission in order to evaluate or defend against such claims; Consultant agrees to
make reasonable efforts to make its personnel available for consultation with the
Commission’s construction contract administration and legal staff and for testimony, if
necessary, at depositions and at trial or arbitration proceedings.
16.2 Consultant’s personnel that the Commission considers essential to assist
in defending against Contractor claims will be made available on reasonable notice from
the Commission. Consultation or testimony will be reimbursed at the same rates,
including travel costs that are being paid for the Consultant’s personnel services under
this Agreement.
16.3 Services of the Consultant’s personnel and other support staff in
connection with Contractor claims will be performed pursuant to a written contract
amendment, if necessary, extending the termination date of this Agreement in order to
finally resolve the claims.
16.4 Nothing contained in this Section shall be construed to in any way limit
Consultant’s indemnification obligations contained in Section 29. In the case of any
conflict between this Section and Section 29, Section 29 shall govern. This Section is
not intended to obligate the Commission to reimburse Consultant for time spent by its
personnel related to Contractor claims for which Consultant is required to indemnify and
defend the Commission pursuant to Section 29 of this Agreement.
17. Final Acceptance. Upon determination by the Commission that Consultant has
satisfactorily completed the Services required under this Agreement and within the term
herein, the Commission shall give Consultant a written Notice of Final Acceptance.
Upon receipt of such notice, Consultant shall incur no further costs hereunder, unless
otherwise specified in the Notice of Final Acceptance. Consultant may request
issuance of a Notice of Final Acceptance when, in its opinion, it has satisfactorily
completed all Services required under the terms of this Agreement. In the event
copyrights are permitted under this Agreement, then in connection with Federal funding,
it is hereby acknowledged and agreed that the United States Department of
Transportation shall have the royalty-free non-exclusive and irrevocable right to
reproduce, publish, or otherwise use, and to authorize others to use, the work for
governmental purposes.
18. Laws and Regulations. Consultant shall keep itself fully informed of and in
compliance with all local, state and federal laws, rules and regulations in any manner
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affecting the performance of the Project or the Services, including all Cal/OSHA
requirements, and shall give all notices required by law. For example, and not by way
of limitation, Consultant shall keep itself fully informed of and in compliance with all
implementing regulations, design standards, specifications, previous commitments that
must be incorporated in the design of the Project, and administrative controls including
those of the United States Department of Transportation. Compliance with Federal
procedures may include completion of the applicable environmental documents and
approved by the United States Department of Transportation. For example, and not by
way of limitation, a signed Categorical Exclusion, Finding of No Significant Impact, or
published Record of Decision may be required to be approved and/or completed by the
United States Department of Transportation. Consultant shall be liable for all violations
of such laws and regulations in connection with Services. If the Consultant performs
any work knowing it to be contrary to such laws, rules and regulations and without
giving written notice to the Commission, Consultant shall be solely responsible for all
costs arising therefrom. Consultant shall defend, indemnify and hold Commission, its
officials, directors, officers, employees and agents free and harmless, pursuant to the
indemnification provisions of this Agreement, from any claim or liability arising out of any
failure or alleged failure to comply with such laws, rules or regulations.
19. Fees and Payment.
19.1 The method of payment for this Agreement will be based on actual cost
plus a fixed fee. Commission shall reimburse Consultant for actual costs (including labor
costs, employee benefits, travel, equipment rental costs, overhead and other direct
costs) incurred by Consultant in performance of the Services. Consultant shall not be
reimbursed for actual costs that exceed the estimated wage rates, employee benefits,
travel, equipment rental, overhead, and other estimated costs set forth in the approved
Consultant cost proposal attached hereto as Exhibit “C” and incorporated herein by
reference (“Cost Proposal”) unless additional reimbursement is provided for by a written
amendment. In no event shall Consultant be reimbursed for overhead costs at a rate
that exceeds Commission’s approved overhead rate set forth in the Cost Proposal. The
overhead rates included in the attached Exhibit “C” shall be fixed for the term of the
Master Agreement, and shall not be subject to adjustment. In the event that
Commission determines that a change to the Services from that specified in the Cost
Proposal and this Agreement is required, the contract time or actual costs reimbursable
by Commission shall be adjusted by contract amendment to accommodate the changed
work. The maximum total cost as specified in Section 19.8 shall not be exceeded,
unless authorized by a written amendment.
19.2 In addition to the allowable incurred costs, Commission shall pay
Consultant a fixed fee of NINETY-THREE THOUSAND, SIX HUNDRED FIFTY-ONE
DOLLARS (93,651.00). The fixed fee is nonadjustable for the term of this Agreement,
except in the event of a significant change in the Scope of Services, and such
adjustment is made by written amendment.
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19.3 Reimbursement for transportation and subsistence costs shall not exceed
the rates specified in the approved Cost Proposal. In addition, payments to Consultant
for travel and subsistence expenses claimed for reimbursement or applied as local
match credit shall not exceed rates authorized to be paid exempt non-represented State
employees under current State Department of Personnel Administration (DPA) rules,
unless otherwise authorized by Commission. If the rates invoiced are in excess of
those authorized DPA rates, and Commission has not otherwise approved said rates,
then Consultant is responsible for the cost difference and any overpayments shall be
reimbursed to the Commission on demand.
19.4 When milestone cost estimates are included in the approved Cost
Proposal, Consultant shall obtain prior written approval for a revised milestone cost
estimate from the Contract Administrator before exceeding such cost estimate.
19.5 Progress payments shall be made monthly in arrears based on Services
provided and allowable incurred costs. A pro rata portion of Consultant’s fixed fee shall
be included in the monthly progress payments. If Consultant fails to submit the required
deliverable items according to the schedule set forth in the Scope of Services,
Commission shall have the right to delay payment or terminate this Agreement in
accordance with the provisions of Section 21 Termination.
19.6 No payment shall be made prior to approval of any Services, nor for any
Services performed prior to approval of this Agreement.
19.7 Consultant shall be reimbursed, as promptly as fiscal procedures will
permit upon receipt by Commission’s Contract Administrator of itemized invoices in
triplicate. Invoices shall be submitted no later than 45 calendar days after the
performance of work for which Consultant is billing. Invoices shall detail the work
performed on each milestone and each project as applicable. Invoices shall follow the
format stipulated for the approved Cost Proposal and shall reference this Agreement
number and project title. Final invoice must contain the final cost and all credits due
Commission including any equipment purchased under the Equipment Purchase
provisions of this Agreement. The final invoice should be submitted within 60 calendar
days after completion of Consultant’s work. Invoices shall be mailed to Commission’s
Contract Administrator at the following address:
Riverside County Transportation Commission
Attention: Accounts Payable
P.O. 12008
Riverside, CA 92502
19.8 The total amount payable by Commission including the fixed fee shall not
exceed Two Million, One Hundred Fifty-Five Thousand, Seven Dollars
($2,123,007).
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19.9 Salary increases shall be reimbursable if the new salary is within the
salary range identified in the approved Cost Proposal and is approved by Commission’s
Contract Administrator. For personnel subject to prevailing wage rates as described in
the California Labor Code, all salary increases, which are the direct result of changes in
the prevailing wage rates are reimbursable.
19.10 Consultant shall not be reimbursed for any expenses unless authorized in
writing by the Commission’s Contract Administrator.
19.11 All subcontracts in excess of $25,000 shall contain the above provisions.
20. Disputes.
20.1 Any dispute, other than audit, concerning a question of fact arising under
this Agreement that is not disposed of by mutual agreement of the Parties shall be
decided by a committee consisting of RCTC’s Contract Administrator and the Director of
Capital Projects, who may consider written or verbal information submitted by
Consultant.
20.2 Not later than 30 days after completion of all Services under this
Agreement, Consultant may request review by the Commission’s Executive Director of
unresolved claims or disputes, other than audit. The request for review will be submitted
in writing.
20.3 Neither the pendency of a dispute, nor its consideration by the committee
will excuse Consultant from full and timely performance in accordance with the terms of
this Agreement.
21. Termination.
21.1 Commission reserves the right to terminate this Agreement for any or no
reason upon thirty (30) calendar days written notice to Consultant with the reasons for
termination stated in the notice.
21.2 Commission may terminate this Agreement with Consultant should
Consultant fail to perform the covenants herein contained at the time and in the manner
herein provided. In the event of such termination, Commission may proceed with the
work in any manner deemed proper by Commission. If Commission terminates this
Agreement with Consultant, Commission shall pay Consultant the sum due to
Consultant under this Agreement for Services completed and accepted prior to
termination, unless the cost of completion to Commission exceeds the funds remaining
in this Agreement. In such case, the overage shall be deducted from any sum due
Consultant under this Agreement and the balance, if any, shall be paid to Consultant
upon demand.
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21.3 In addition to the above, payment upon termination shall include a
prorated amount of profit, if applicable, but no amount shall be paid for anticipated profit
on unperformed Services. Consultant shall provide documentation deemed adequate by
Commission’s Contract Administrator to show the Services actually completed by
Consultant prior to the effective date of termination. This Agreement shall terminate on
the effective date of the Notice of Termination.
21.4 Discontinuance of Services. Upon receipt of the written Notice of
Termination, Consultant shall discontinue all affected Services as directed in the Notice
or as otherwise provided herein, and deliver to the Commission all Documents and
Data, as defined in this Agreement, as may have been prepared or accumulated by
Consultant in performance of the Services, whether completed or in progress.
21.5 Effect of Termination for Cause. In addition to the above, Consultant shall
be liable to the Commission for any reasonable additional costs incurred by the
Commission to revise work for which the Commission has compensated Consultant
under this Agreement, but which the Commission has determined in its sole discretion
needs to be revised, in part or whole, to complete the Project because it did not meet
the standard of care established herein. Termination of this Agreement for cause may
be considered by the Commission in determining whether to enter into future
agreements with Consultant.
21.6 Cumulative Remedies. The rights and remedies of the Parties provided in
this Section are in addition to any other rights and remedies provided by law or under
this Agreement.
21.7 Waivers. Consultant, in executing this Agreement, shall be deemed to
have waived any and all claims for damages which may otherwise arise from the
Commission’s termination of this Agreement, for convenience or cause, as provided in
this Section.
21.8 Consultant may not terminate this Agreement except for cause.
22. Cost Principles and Administrative Requirements.
22.1 Consultant agrees that the Contract Cost Principles and Procedures, 48
CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be
used to determine the cost allowability of individual items.
22.2 Consultant also agrees to comply with federal procedures in accordance
with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards.
22.3 Any costs for which payment has been made to Consultant that are
determined by subsequent audit to be unallowable under 2 CFR, Part 200 and 48 CFR,
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Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to
repayment by Consultant to Commission.
22.4 All subcontracts in excess of $25,000 shall contain the above provisions.
23. Retention of Records/Audit. For the purpose of determining compliance with
Public Contract Code 10115, et seq. and Title 21, California Code of Regulations,
Chapter 21, Section 2500 et seq., when applicable and other matters connected with
the performance of this Agreement pursuant to Government Code 8546.7; Consultant,
subconsultants, and Commission shall maintain and make available for inspection all
books, documents, papers, accounting records, and other evidence pertaining to the
performance of this Agreement, including but not limited to, the costs of administering
this Agreement. All parties shall make such materials available at their respective
offices at all reasonable times during this Agreement period and for three years from the
date of final payment under this Agreement. The state, State Auditor, Commission,
FHWA, or any duly authorized representative of the Federal Government shall have
access to any books, records, and documents of Consultant and it’s certified public
accountants (CPA) work papers that are pertinent to this Agreement and indirect cost
rates (ICR) for audit, examinations, excerpts, and transactions, and copies thereof shall
be furnished if requested. Subcontracts in excess of $25,000 shall contain this
provision.
23.1 Accounting System. Consultant and its subcontractors shall establish and
maintain an accounting system and records that properly accumulate and segregate
expenditures by line item for the Services. The accounting system of Consultant and its
subcontractors shall conform to Generally Accepted Accounting Principles (GAAP),
enable the determination of incurred costs at interim points of completion, and provide
support for reimbursement payment vouchers or invoices.
24. Audit Review Procedures.
24.1 Any dispute concerning a question of fact arising under an interim or post
audit of this Agreement that is not disposed of by agreement, shall be reviewed by
Commission’s Chief Financial Officer.
24.2 Not later than 30 days after issuance of the final audit report, Consultant
may request a review by Commission’s Chief Financial Officer of unresolved audit
issues. The request for review shall be submitted in writing.
24.3 Neither the pendency of a dispute nor its consideration by Commission
shall excuse Consultant from full and timely performance, in accordance with the terms
of this Agreement.
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25. Subcontracting.
25.1 Nothing contained in this Agreement or otherwise, shall create any
contractual relation between Commission and any subconsultant(s), and no subcontract
shall relieve Consultant of its responsibilities and obligations hereunder. Consultant
agrees to be as fully responsible to Commission for the acts and omissions of its
subconsultant(s) and of persons either directly or indirectly employed by any of them as
it is for the acts and omissions of persons directly employed by Consultant.
Consultant’s obligation to pay its subconsultant(s) is an independent obligation from
Commission’s obligation to make payments to the Consultant.
25.2 Consultant shall perform the Services with resources available within its
own organization and no portion of the Services shall be subcontracted without written
authorization by Commission’s Contract Administrator, except that, which is expressly
identified in the approved Cost Proposal.
25.3 Consultant shall pay its subconsultants within ten (10) calendar days from
receipt of each payment made to Consultant by Commission.
25.4 Any subcontract in excess of $25,000 entered into as a result of this
Agreement shall contain all the provisions stipulated in this Agreement to be applicable
to subconsultants.
25.5 Any substitution of subconsultant(s) must be approved in writing by
Commission’s Contract Administrator prior to the start of work by the subconsultant(s).
25.6 Exhibit “C” may also set forth the rates at which each subconsultant shall
bill the Consultant for Services and that are subject to reimbursement by the
Commission to Consultant. Additional Direct Costs, as defined in Exhibit “C” shall be
the same for both the Consultant and all subconsultants, unless otherwise identified in
Exhibit “C”. The subconsultant rate schedules and cost proposals contained herein are
for accounting purposes only.
26. Equipment Purchase
26.1 Prior authorization, in writing, by Commission’s Contract Administrator
shall be required before Consultant enters into any unbudgeted purchase order, or
subcontract for supplies, equipment, or Consultant services. Consultant shall provide an
evaluation of the necessity or desirability of incurring such costs.
26.2 For purchase of any item, service or consulting work not covered in
Consultant’s Cost Proposal and exceeding $5,000 prior authorization by Commission’s
Contract Administrator is required. Three competitive quotations must be submitted
with the request for such purchase, or the absence of bidding must be adequately
justified.
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26.3 Any equipment purchased as a result of this Agreement is subject to the
following:
Consultant shall maintain an inventory of all nonexpendable property. Nonexpendable
property is defined as having a useful life of at least two years and an acquisition cost of
$5,000 or more. If the purchased equipment needs replacement and is sold or traded in,
Commission shall receive a proper refund or credit at the conclusion of this Agreement,
or if this Agreement is terminated, Consultant may either keep the equipment and credit
Commission in an amount equal to its fair market value, or sell such equipment at the
best price obtainable at a public or private sale, in accordance with established
Commission procedures; and credit Commission in an amount equal to the sales price.
If Consultant elects to keep the equipment, fair market value shall be determined at
Consultant’s expense, on the basis of a competent independent appraisal of such
equipment. Appraisals shall be obtained from an appraiser mutually agreeable to
Commission and Consultant. If Consultant determines to sell the equipment, the terms
and conditions of such sale must be approved in advance by Commission. 2 CFR, Part
200 requires a credit to Federal funds when participating equipment with a fair market
value greater than $5,000 is credited to the project.
26.4 All subcontracts in excess $25,000 shall contain the above provisions.
27. Labor Code Requirements.
27.1 Prevailing Wages.
(a) Consultant shall comply with the State of California’s General Prevailing
Wage Rate requirements in accordance with California Labor Code, Section 1770, and
all Federal, State, and local laws and ordinances applicable to the Services.
(b) Any subcontract entered into as a result of this Agreement, if for more
than $25,000 for public works construction or more than $15,000 for the alteration,
demolition, repair, or maintenance of public works, shall contain all of the provisions of
this Section.
(c) When prevailing wages apply to the Services described in the Scope of
Services, transportation and subsistence costs shall be reimbursed at the minimum
rates set by the Department of Industrial Relations (DIR) as outlined in the applicable
Prevailing Wage Determination. See http://www.dir.ca.gov.
(d) Copies of the prevailing rate of per diem wages in effect at
commencement of this Agreement are on file at the Commission’s offices. Consultant
shall make copies of the prevailing rates of per diem wages for each craft, classification
or type of worker needed to execute the Services available to interested parties upon
request, and shall post copies at the Consultant’s principal place of business and at the
project site. Consultant shall defend, indemnify and hold the Commission, its elected
officials, officers, employees and agents free and harmless from any claims, liabilities,
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costs, penalties or interest arising out of any failure or alleged failure to comply with the
Prevailing Wage Laws.
27.2 DIR Registration. If the Services are being performed as part of an applicable
“public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5
and 1771.1, the Consultant and all subconsultants must be registered with the
Department of Industrial Relations. If applicable, Consultant shall maintain registration
for the duration of the Project and require the same of any subconsultants. This Project
may also be subject to compliance monitoring and enforcement by the Department of
Industrial Relations. It shall be Consultant’s sole responsibility to comply with all
applicable registration and labor compliance requirements.
27.3 Eight-Hour Law. Pursuant to the provisions of the California Labor Code, eight
hours of labor shall constitute a legal day’s work, and the time of service of any worker
employed on the work shall be limited and restricted to eight hours during any one
calendar day, and forty hours in any one calendar week, except when payment for
overtime is made at not less than one and one-half the basic rate for all hours worked in
excess of eight hours per day (“Eight-Hour Law”), unless Consultant or the Services are
not subject to the Eight-Hour Law. Consultant shall forfeit to Commission as a penalty,
$50.00 for each worker employed in the execution of this Agreement by him, or by any
sub-consultant under him, for each calendar day during which such workman is required
or permitted to work more than eight hours in any calendar day and forty hours in any
one calendar week without such compensation for overtime violation of the provisions of
the California Labor Code, unless Consultant or the Services are not subject to the
Eight-Hour Law.
27.4 Employment of Apprentices. This Agreement shall not prevent the employment
of properly indentured apprentices in accordance with the California Labor Code, and
no employer or labor union shall refuse to accept otherwise qualified employees as
indentured apprentices on the work performed hereunder solely on the ground of race,
creed, national origin, ancestry, color or sex. Every qualified apprentice shall be paid
the standard wage paid to apprentices under the regulations of the craft or trade in
which he or she is employed and shall be employed only in the craft or trade to which
he or she is registered.
If California Labor Code Section 1777.5 applies to the Services, Consultant and any
subcontractor hereunder who employs workers in any apprenticeable craft or trade shall
apply to the joint apprenticeship council administering applicable standards for a
certificate approving Consultant or any sub-consultant for the employment and training
of apprentices. Upon issuance of this certificate, Consultant and any sub-consultant
shall employ the number of apprentices provided for therein, as well as contribute to the
fund to administer the apprenticeship program in each craft or trade in the area of the
work hereunder.
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The parties expressly understand that the responsibility for compliance with provisions
of this Section and with Sections 1777.5, 1777.6 and 1777.7 of the California Labor
Code in regard to all apprenticeable occupations lies with Consultant
28. Ownership of Materials/Confidentiality.
28.1 Documents & Data. This Agreement creates an exclusive and perpetual
license for Commission to copy, use, modify, reuse, or sub-license any and all
copyrights and designs embodied in plans, specifications, studies, drawings, estimates,
materials, data and other documents or works of authorship fixed in any tangible
medium of expression, including but not limited to, physical drawings or data
magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Consultant under this Agreement (“Documents & Data”).
Consultant shall require all subcontractors to agree in writing that Commission is
granted an exclusive and perpetual license for any Documents & Data the subcontractor
prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to grant the
exclusive and perpetual license for all such Documents & Data. Consultant makes no
such representation and warranty in regard to Documents & Data which were prepared
by design professionals other than Consultant or provided to Consultant by the
Commission.
Commission shall not be limited in any way in its use of the Documents & Data at any
time, provided that any such use not within the purposes intended by this Agreement
shall be at Commission’s sole risk.
28.2 Intellectual Property. In addition, Commission shall have and retain all
right, title and interest (including copyright, patent, trade secret and other proprietary
rights) in all plans, specifications, studies, drawings, estimates, materials, data,
computer programs or software and source code, enhancements, documents, and any
and all works of authorship fixed in any tangible medium or expression, including but not
limited to, physical drawings or other data magnetically or otherwise recorded on
computer media (“Intellectual Property”) prepared or developed by or on behalf of
Consultant under this Agreement as well as any other such Intellectual Property
prepared or developed by or on behalf of Consultant under this Agreement.
The Commission shall have and retain all right, title and interest in Intellectual Property
developed or modified under this Agreement whether or not paid for wholly or in part by
Commission, whether or not developed in conjunction with Consultant, and whether or
not developed by Consultant. Consultant will execute separate written assignments of
any and all rights to the above referenced Intellectual Property upon request of
Commission.
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Consultant shall also be responsible to obtain in writing separate written assignments
from any subcontractors or agents of Consultant of any and all right to the above
referenced Intellectual Property. Should Consultant, either during or following
termination of this Agreement, desire to use any of the above-referenced Intellectual
Property, it shall first obtain the written approval of the Commission.
All materials and documents which were developed or prepared by the Consultant for
general use prior to the execution of this Agreement and which are not the copyright of
any other party or publicly available and any other computer applications, shall continue
to be the property of the Consultant. However, unless otherwise identified and stated
prior to execution of this Agreement, Consultant represents and warrants that it has the
right to grant the exclusive and perpetual license for all such Intellectual Property as
provided herein.
Commission further is granted by Consultant a non-exclusive and perpetual license to
copy, use, modify or sub-license any and all Intellectual Property otherwise owned by
Consultant which is the basis or foundation for any derivative, collective, insurrectional,
or supplemental work created under this Agreement.
28.3 Confidentiality. All ideas, memoranda, specifications, plans, procedures,
drawings, descriptions, computer program data, input record data, written information,
and other Documents and Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by
Consultant. Such materials shall not, without the prior written consent of Commission,
be used by Consultant for any purposes other than the performance of the Services.
Nor shall such materials be disclosed to any person or entity not connected with the
performance of the Services or the Project. Nothing furnished to Consultant which is
otherwise known to Consultant or is generally known, or has become known, to the
related industry shall be deemed confidential. Consultant shall not use Commission’s
name or insignia, photographs of the Project, or any publicity pertaining to the Services
or the Project in any magazine, trade paper, newspaper, television or radio production
or other similar medium without the prior written consent of Commission.
28.4 Infringement Indemnification. Consultant shall defend, indemnify and hold
the Commission, its directors, officials, officers, employees, volunteers and agents free
and harmless, pursuant to the indemnification provisions of this Agreement, for any
alleged infringement of any patent, copyright, trade secret, trade name, trademark, or
any other proprietary right of any person or entity in consequence of the use on the
Project by Commission of the Documents & Data, including any method, process,
product, or concept specified or depicted.
29. Indemnification. To the fullest extent permitted by law, Consultant shall defend
(with counsel of Commission’s choosing), indemnify and hold Commission, its directors,
officials, officers, employees, consultants, volunteers, and agents free and harmless
from any and all claims, demands, causes of action, costs, expenses, liability, loss,
damage or injury, in law or equity, to property or persons, including wrongful death, in
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any manner arising out of or incident to alleged negligent acts, omissions, or willful
misconduct of Consultant, its officials, officers, employees, agents, consultants, and
contractors arising out of or in connection with the performance of the Services, the
Project or this Agreement, including without limitation the payment of consequential
damages, expert witness fees, and attorneys fees and other related costs and
expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any
and all such aforesaid suits, actions or other legal proceedings of every kind that may
be brought or instituted against Commission, its directors, officials, officers, employees,
consultants, agents, or volunteers. Consultant shall pay and satisfy any judgment,
award or decree that may be rendered against Commission or its directors, officials,
officers, employees, consultants, agents, or volunteers, in any such suit, action or other
legal proceeding. Consultant shall reimburse Commission and its directors, officials,
officers, employees, consultants, agents, and/or volunteers, for any and all legal
expenses and costs, including reasonable attorney’s fees, incurred by each of them in
connection therewith or in enforcing the indemnity herein provided. Consultant's
obligation to indemnify shall not be restricted to insurance proceeds, if any, received by
Commission, its directors, officials officers, employees, consultants, agents, or
volunteers.
If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of
Consultant’s performance as a “design professional” (as that term is defined under Civil
Code section 2782.8), then, and only to the extent required by Civil Code section
2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall
be limited to claims that arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a
final adjudication by a court of competent jurisdiction, Consultant’s liability for such
claim, including the cost to defend, shall not exceed the Consultant’s proportionate
percentage of fault.
Consultant’s obligations as set forth in this Section shall survive expiration or
termination of this Agreement.
30. Insurance.
30.1 Time for Compliance. Consultant shall not commence work under this
Agreement until it has provided evidence satisfactory to the Commission that it has
secured all insurance required under this Section, in a form and with insurance
companies acceptable to the Commission. In addition, Consultant shall not allow any
subcontractor to commence work on any subcontract until it has secured all insurance
required under this Section.
30.2 Minimum Requirements. Consultant shall, at its expense, procure and
maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the
performance of the Agreement by the Consultant, its agents, representatives,
employees or subcontractors. Consultant shall also require all of its subcontractors to
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procure and maintain the same insurance for the duration of the Agreement. Such
insurance shall meet at least the following minimum levels of coverage:
(a) Minimum Scope of Insurance. Coverage shall be at least as broad
as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001 or exact equivalent);
(2) Automobile Liability: Insurance Services Office Business Auto Coverage (form CA
0001, code 1 (any auto) or exact equivalent); and (3) Workers’ Compensation and
Employer’s Liability: Workers’ Compensation insurance as required by the State of
California and Employer’s Liability Insurance.
(b) Minimum Limits of Insurance. Consultant shall maintain limits no
less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance or other form
with general aggregate limit is used, either the general aggregate limit shall apply
separately to this Agreement/location or the general aggregate limit shall be twice the
required occurrence limit. Limits may be achieved by any combination of primary and
excess or umbrella liability insurance; (2) Automobile Liability: $2,000,000 per accident
for bodily injury and property damage. Limits may be achieved by any combination of
primary and excess or umbrella liability insurance; and (3) Workers’ Compensation and
Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the
State of California. Employer’s Practices Liability limits of $1,000,000 per accident.
30.3 Professional Liability. Consultant shall procure and maintain, and require
its sub-consultants to procure and maintain, for a period of five (5) years following
completion of the Project, errors and omissions liability insurance appropriate to their
profession. For Consultant, such insurance shall be in an amount not less than
$1,000,000 per claim. This insurance shall be endorsed to include contractual liability
applicable to this Agreement and shall be written on a policy form coverage specifically
designed to protect against acts, errors or omissions of the Consultant. “Covered
Professional Services” as designated in the policy must specifically include work
performed under this Agreement. The policy must “pay on behalf of” the insured and
must include a provision establishing the insurer’s duty to defend. Subconsultants of
Consultant shall obtain such insurance in an amount not less than $1,000,000 per
claim. Notwithstanding the foregoing, the Commission may consider written requests to
lower or dispense with the errors and omissions liability insurance requirement
contained in this Section for certain subconsultants of Consultant, on a case-by-case
basis, depending on the nature and scope of the Services to be provided by the
subconsultant. Approval of such request shall be in writing, signed by the
Commission’s Contract Administrator.
30.4 Aircraft Liability Insurance. Prior to conducting any Services requiring use
of aircraft, Consultant shall procure and maintain, or cause to be procured and
maintained, aircraft liability insurance or equivalent form, with a single limit as shall be
required by the Commission. Such insurance shall include coverage for owned, hired
and non-owned aircraft and passengers, and shall name, or be endorsed to name, the
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Commission, Caltrans and their directors, officials, officers, employees and agents as
additional insureds with respect to the Services or operations performed by or on behalf
of the Consultant.
30.5 Insurance Endorsements. The insurance policies shall contain the
following provisions, or Consultant shall provide endorsements on forms approved by
the Commission to add the following provisions to the insurance policies:
(a) General Liability.
(i) Commercial General Liability Insurance must include
coverage for (1) bodily Injury and property damage; (2) personal Injury/advertising
Injury; (3) premises/operations liability; (4) products/completed operations liability; (5)
aggregate limits that apply per Project; (6) explosion, collapse and underground (UCX)
exclusion deleted; (7) contractual liability with respect to this Agreement; (8) broad form
property damage; and (9) independent consultants coverage.
(ii) The policy shall contain no endorsements or provisions
limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or
suits by one insured against another; or (3) contain any other exclusion contrary to this
Agreement.
(iii) The policy shall give the Commission, its directors, officials,
officers, employees, and agents insured status using ISO endorsement forms 20 10 10
01 and 20 37 10 01, or endorsements providing the exact same coverage.
(iv) The additional insured coverage under the policy shall be
“primary and non-contributory” and will not seek contribution from the Commission’s or
Caltrans’ insurance or self-insurance and shall be at least as broad as CG 20 01 04 13,
or endorsements providing the exact same coverage.
(b) Automobile Liability. The automobile liability policy shall be
endorsed to state that: (1) the Commission, Caltrans and their directors, officials,
officers, employees and agents shall be covered as additional insureds with respect to
the ownership, operation, maintenance, use, loading or unloading of any auto owned,
leased, hired or borrowed by the Consultant or for which the Consultant is responsible;
and (2) the insurance coverage shall be primary insurance as respects the Commission,
Caltrans and their directors, officials, officers, employees and agents, or if excess, shall
stand in an unbroken chain of coverage excess of the Consultant’s scheduled
underlying coverage. Any insurance or self-insurance maintained by the Commission,
Caltrans and their directors, officials, officers, employees and agents shall be excess of
the Consultant’s insurance and shall not be called upon to contribute with it in any way.
(c) Workers’ Compensation and Employers Liability Coverage.
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(i) Consultant certifies that he/she is aware of the provisions of
Section 3700 of the California Labor Code which requires every employer to be insured
against liability for workers’ compensation or to undertake self-insurance in accordance
with the provisions of that code, and he/she will comply with such provisions before
commencing work under this Agreement.
(ii) The insurer shall agree to waive all rights of subrogation
against the Commission, its directors, officials, officers, employees and agents for
losses paid under the terms of the insurance policy which arise from work performed by
the Consultant.
(d) All Coverages.
(i) Defense costs shall be payable in addition to the limits set
forth hereunder.
(ii) Requirements of specific coverage or limits contained in this
Section are not intended as a limitation on coverage, limits, or other requirement, or a
waiver of any coverage normally provided by any insurance. It shall be a requirement
under this Agreement that any available insurance proceeds broader than or in excess
of the specified minimum insurance coverage requirements and/or limits set forth herein
shall be available to the Commission, Caltrans and their directors, officials, officers,
employees and agents as additional insureds under said policies. Furthermore, the
requirements for coverage and limits shall be (1) the minimum coverage and limits
specified in this Agreement; or (2) the broader coverage and maximum limits of
coverage of any insurance policy or proceeds available to the named insured;
whichever is greater.
(iii) The limits of insurance required in this Agreement may be
satisfied by a combination of primary and umbrella or excess insurance. Any umbrella
or excess insurance shall contain or be endorsed to contain a provision that such
coverage shall also apply on a primary and non-contributory basis for the benefit of the
Commission (if agreed to in a written contract or agreement) before the Commission’s
own insurance or self-insurance shall be called upon to protect it as a named insured.
The umbrella/excess policy shall be provided on a “following form” basis with coverage
at least as broad as provided on the underlying policy(ies).
(iv) Consultant shall provide the Commission at least thirty (30)
days prior written notice of cancellation of any policy required by this Agreement, except
that the Consultant shall provide at least ten (10) days prior written notice of
cancellation of any such policy due to non-payment of premium. If any of the required
coverage is cancelled or expires during the term of this Agreement, the Consultant shall
deliver renewal certificate(s) including the General Liability Additional Insured
Endorsement to the Commission at least ten (10) days prior to the effective date of
cancellation or expiration.
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(v) The retroactive date (if any) of each policy is to be no later
than the effective date of this Agreement. Consultant shall maintain such coverage
continuously for a period of at least three years after the completion of the work under
this Agreement. Consultant shall purchase a one (1) year extended reporting period A)
if the retroactive date is advanced past the effective date of this Agreement; B) if the
policy is cancelled or not renewed; or C) if the policy is replaced by another claims-
made policy with a retroactive date subsequent to the effective date of this Agreement.
(vi) The foregoing requirements as to the types and limits of
insurance coverage to be maintained by Consultant, and any approval of said insurance
by the Commission, is not intended to and shall not in any manner limit or qualify the
liabilities and obligations otherwise assumed by the Consultant pursuant to this
Agreement, including but not limited to, the provisions concerning indemnification.
(vii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, Commission has the right but not the duty to obtain the
insurance it deems necessary and any premium paid by Commission will be promptly
reimbursed by Consultant or Commission will withhold amounts sufficient to pay
premium from Consultant payments. In the alternative, Commission may cancel this
Agreement. The Commission may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(viii) Neither the Commission nor any of its directors, officials,
officers, employees or agents shall be personally responsible for any liability arising
under or by virtue of this Agreement.
Each insurance policy required by this Agreement shall be endorsed to state that:
30.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the Commission. If the
Commission does not approve the deductibles or self-insured retentions as presented,
Consultant shall guarantee that, at the option of the Commission, either: (1) the insurer
shall reduce or eliminate such deductibles or self-insured retentions as respects the
Commission, its directors, officials, officers, employees and agents; or, (2) the
Consultant shall procure a bond guaranteeing payment of losses and related
investigation costs, claims and administrative and defense expenses.
30.7 Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and
satisfactory to the Commission.
30.8 Verification of Coverage. Consultant shall furnish Commission with
original certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the Commission. The certificates and
endorsements for each insurance policy shall be signed by a person authorized by that
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insurer to bind coverage on its behalf. All certificates and endorsements must be
received and approved by the Commission before work commences. The Commission
reserves the right to require complete, certified copies of all required insurance policies,
at any time.
30.9 Subconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have
provided evidence satisfactory to the Commission that they have secured all insurance
required under this Section. Policies of commercial general liability insurance provided
by such subcontractors or subconsultants shall be endorsed to name the Commission
as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing
the exact same coverage. If requested by Consultant, the Commission may approve
different scopes or minimum limits of insurance for particular subcontractors or
subconsultants.
30.10 Other Insurance. At its option, the Commission may require such
additional coverage(s), limits and/or the reduction of deductibles or retentions it
considers reasonable and prudent based upon risk factors that may directly or indirectly
impact the Project. In retaining this option Commission does not warrant Consultant’s
insurance program to be adequate. Consultant shall have the right to purchase
insurance in addition to the insurance required in this Section.
31. Safety. Consultant shall execute and maintain its work so as to avoid injury or
damage to any person or property. In carrying out its Services, the Consultant shall at
all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to:
(A) adequate life protection and life saving equipment and procedures; (B) instructions
in accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing
apparel as are necessary or lawfully required to prevent accidents or injuries; and (C)
adequate facilities for the proper inspection and maintenance of all safety measures.
As between Consultant and the construction contractors only, the construction
contractors shall remain solely responsible for construction safety notwithstanding any
safety obligations of Consultant at the jobsite. The foregoing sentence shall not impact
nor in any way modify or alter Consultant’s indemnity and defense obligations to the
Commission, as set forth in Section 29 of this Agreement, not any of Consultant’s duties
or obligations set forth under this Agreement, including the attached exhibits.
Pursuant to the authority contained in Section 591 of the Vehicle Code, the Commission
has determined that the Project will contain areas that are open to public traffic.
Consultant shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14,
and 15 of the Vehicle Code. Consultant shall take all reasonably necessary precautions
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for safe operation of its vehicles and the protection of the traveling public from injury and
damage from such vehicles.
32. Additional Work. Any work or activities that are in addition to, or otherwise
outside of, the Services to be performed pursuant to this Agreement shall only be
performed pursuant to a separate agreement between the parties. Notwithstanding the
foregoing, the Commission’s Executive Director may make a change to the Agreement,
other than a Cardinal Change. For purposes of this Agreement, a Cardinal Change is a
change which is “outside the scope” of the Agreement; in other words, work which
should not be regarded as having been fairly and reasonably within the contemplation of
the parties when the Agreement was entered into. An example of a change which is not
a Cardinal Change would be where, in a contract to construct a building there are many
changes in the materials used, but the size and layout of the building remains the same.
Cardinal Changes are not within the authority of this provision to order, and shall be
processed by the Commission as “sole source” procurements according to applicable
law, including the requirements of FTA Circular 4220.1D, paragraph 9(f).
(a) In addition to the changes authorized above, a modification which is
signed by Consultant and the Commission’s Executive Director, other than a Cardinal
Change, may be made in order to: (1) make a negotiated equitable adjustment to the
Agreement price, delivery schedule and other terms resulting from the issuance of a
Change Order, (2) reflect definitive letter contracts, and (3) reflect other agreements of
the parties modifying the terms of this Agreement (“Bilateral Contract Modification”).
(b) Consultant shall not perform, nor be compensated for any change,
without written authorization from the Commission’s Executive Director as set forth
herein. In the event such a change authorization is not issued and signed by the
Commission’s Executive Director, Consultant shall not provide such change.
33. Prohibited Interests.
33.1 Solicitation. Consultant maintains and warrants that it has not employed
nor retained any company or person, other than a bona fide employee working solely for
Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has
not paid nor has it agreed to pay any company or person, other than a bona fide
employee working solely for Consultant, any fee, commission, percentage, brokerage
fee, gift or other consideration contingent upon or resulting from the award or making of
this Agreement. For breach or violation of this warranty, the Commission shall have the
right to rescind this Agreement without liability.
33.2 Consultant Conflict of Interest (Construction Management/ Administration).
(a) Consultant shall disclose any financial, business, or other
relationship with Commission that may have an impact upon the outcome of this
Agreement, or any ensuing Commission construction project. Consultant shall also list
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current clients who may have a financial interest in the outcome of this Agreement, or
any ensuing Commission construction project, which will follow.
(b) Consultant hereby certifies that it does not now have, nor shall it
acquire any financial or business interest that would conflict with the performance of
Services under this Agreement.
(c) Any subcontract in excess of $25,000 entered into as a result of
this Agreement, shall contain all of the provisions of this Article.
(d) Consultant hereby certifies that neither Consultant, nor any firm
affiliated with Consultant will bid on any construction contract, or on any contract to
provide construction inspection for any construction project resulting from this
Agreement. An affiliated firm is one, which is subject to the control of the same persons
through joint-ownership, or otherwise.
(e) Except for subconsultants whose services are limited to providing
surveying or materials testing information, no subconsultant who has provided design
services in connection with this Agreement shall be eligible to bid on any construction
contract, or on any contract to provide construction inspection for any construction
project resulting from this Agreement.
33.3 Commission Conflict of Interest. For the term of this Agreement, no
member, officer or employee of the Commission, during the term of his or her service
with the Commission, shall have any direct interest in this Agreement, or obtain any
present or anticipated material benefit arising therefrom.
33.4 Conflict of Employment. Employment by the Consultant of personnel
currently on the payroll of the Commission shall not be permitted in the performance of
this Agreement, even though such employment may occur outside of the employee’s
regular working hours or on weekends, holidays or vacation time. Further, the
employment by the Consultant of personnel who have been on the Commission payroll
within one year prior to the date of execution of this Agreement, where this employment
is caused by and or dependent upon the Consultant securing this or related Agreements
with the Commission, is prohibited.
33.5 Covenant Against Contingent Fees. As required in connection with
federal funding, the Consultant warrants that he/she has not employed or retained any
company or person, other than a bona fide employee working for the Consultant, to
solicit or secure this Agreement, and that he/she has not paid or agreed to pay any
company or person, other than a bona fide employee, any fee, commission, percentage,
brokerage fee, gift, or any other consideration, contingent upon or resulting from the
award or formation of this Agreement. For breach or violation of this warranty, the
Commission shall have the right to terminate this Agreement without liability pursuant to
the terms herein, or at its discretion to deduct from the Agreement price or
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consideration, or otherwise recover, the full amount of such fee, commission,
percentage, brokerage fee, gift, or contingent fee.
33.6 Rebates, Kickbacks or Other Unlawful Consideration. Consultant
warrants that this Agreement was not obtained or secured through rebates kickbacks or
other unlawful consideration, either promised or paid to any Commission employee. For
breach or violation of this warranty, Commission shall have the right in its discretion; to
terminate this Agreement without liability; to pay only for the value of the work actually
performed; or to deduct from the contract price; or otherwise recover the full amount of
such rebate, kickback or other unlawful consideration.
33.7 Covenant Against Expenditure of Commission, State or Federal Funds for
Lobbying. The Consultant certifies that to the best of his/ her knowledge and belief no
state, federal or local agency appropriated funds have been paid, or will be paid by or
on behalf of the Consultant to any person for the purpose of influencing or attempting to
influence an officer or employee of any state or federal agency; a Member of the State
Legislature or United States Congress; an officer or employee of the Legislature or
Congress; or any employee of a Member of the Legislature or Congress, in connection
with the award of any state or federal contract, grant, loan, or cooperative agreement, or
the extension, continuation, renewal, amendment, or modification of any state or federal
contract, grant, loan, or cooperative agreement.
(a) If any funds other than federal appropriated funds have been paid,
or will be paid to any person for the purpose of influencing or attempting to influence an
officer or employee of any federal agency; a Member of Congress; an officer or
employee of Congress, or an employee of a Member of Congress; in connection with
this Agreement, the Consultant shall complete and submit the attached Exhibit “F”,
Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with the
attached instructions.
(b) The Consultant’s certification provided in this Section is a material
representation of fact upon which reliance was placed when this Agreement was
entered into, and is a prerequisite for entering into this Agreement pursuant to Section
1352, Title 31, US. Code. Failure to comply with the restrictions on expenditures, or the
disclosure and certification requirements set forth in Section 1352, Title 31, US. Code
may result in a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
(c) The Consultant also agrees by signing this Agreement that he/she
shall require that the language set forth in this Section be included in all Consultant
subcontracts which exceed $100,000, and that all such subcontractors shall certify and
disclose accordingly.
33.8 Employment Adverse to the Commission. Consultant shall notify the
Commission, and shall obtain the Commission’s written consent, prior to accepting work
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to assist with or participate in a third-party lawsuit or other legal or administrative
proceeding against the Commission during the term of this Agreement.
34. Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, ancestry,
sex or age. Such non-discrimination shall include, but not be limited to, all activities
related to initial employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination.
35. Right to Employ Other Consultants. Commission reserves the right to employ
other consultants in connection with the Project.
36. Governing Law. This Agreement shall be governed by and construed with the
laws of the State of California. Venue shall be in Riverside County.
37. Disputes; Attorneys’ Fees.
37.1 Prior to commencing any action hereunder, the Parties shall attempt in
good faith to resolve any dispute arising between them. The pendency of a dispute
shall not excuse Consultant from full and timely performance of the Services.
37.2. If the Parties are unable to resolve a dispute after attempting in good faith
to do so, the Parties may seek any other available remedy to resolve the dispute. If
either Party commences an action against the other Party, either legal, administrative or
otherwise, arising out of or in connection with this Agreement, the prevailing Party in
such litigation shall be entitled to have and recover from the losing Party reasonable
attorneys’ fees and, all other costs of such actions.
38. Time of Essence. Time is of the essence for each and every provision of this
Agreement.
39. Headings. Article and Section Headings, paragraph captions or marginal
headings contained in this Agreement are for convenience only and shall have no effect
in the construction or interpretation of any provision herein.
39.1 Notices. All notices permitted or required under this Agreement shall be
given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
CONSULTANT: COMMISSION:
Anser Advisory Riverside County Transportation Commission
2677 N. Main Street, Suite 400 4080 Lemon Street, 3rd Floor
Santa Ana, CA 92705 Riverside, CA 92501
Attn: Lucas Rathe Attn: Executive Director
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Such notice shall be deemed made when personally delivered or when mailed, forty-
eight (48) hours after deposit in the U.S. mail, first class postage prepaid, and
addressed to the Party at its applicable address. Actual notice shall be deemed
adequate notice on the date actual notice occurred, regardless of the method of service.
40. Conflicting Provisions. In the event that provisions of any attached exhibits
conflict in any way with the provisions set forth in this Agreement, the language, terms
and conditions contained in this Agreement shall control the actions and obligations of
the Parties and the interpretation of the Parties’ understanding concerning the
performance of the Services.
41. Amendment or Modification. No supplement, modification, or amendment of this
Agreement shall be binding unless executed in writing and signed by both Parties.
42. Entire Agreement. This Agreement contains the entire agreement of the Parties
relating to the subject matter hereof and supersedes all prior negotiations, agreements
or understandings.
43. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal,
or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
44. Provisions Applicable When Federal Department of Transportation Funds Are
Involved. When funding for the Services provided by this Agreement are provided, in
whole or in part, from the United States Department of Transportation, Consultant shall
also fully and adequately comply with the provisions included in Exhibit “D” (Federal
Department of Transportation Requirements and California Department of
Transportation (Caltrans) DBE program requirements) attached hereto and incorporated
herein by reference.
45. Survival. All rights and obligations hereunder that by their nature are to continue
after any expiration or termination of this Agreement, including, but not limited to, the
indemnification and confidentiality obligations, shall survive any such expiration or
termination.
46. No Third Party Beneficiaries. There are no intended third party beneficiaries of
any right or obligation assumed by the Parties.
47. Labor Certification. By its signature hereunder, Consultant certifies that it is
aware of the provisions of Section 3700 of the California Labor Code which require
every employer to be insured against liability for Workers’ 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 Services.
48. Counterparts. This Agreement may be signed in counterparts, each of which
shall constitute an original.
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49. Subpoenas or Court Orders. Should Consultant receive a subpoena or court
order related to this Agreement, the Services or the Project, Consultant shall
immediately provide written notice of the subpoena or court order to the Commission.
Consultant shall not respond to any such subpoena or court order until notice to the
Commission is provided as required herein, and shall cooperate with the Commission in
responding to the subpoena or court order.
50. Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer,
either directly or by operation of law, this Agreement or any interest herein, without the
prior written consent of the Commission. Any attempt to do so shall be null and void,
and any assignees, hypothecates or transferees shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer.
51. Successors and Assigns. This Agreement shall be binding on the successors
and assigns of the parties, and shall not be assigned by Consultant without the prior
written consent of Commission.
52. Incorporation of Recitals. The recitals set forth above are true and correct and
are incorporated into this Agreement as though fully set forth herein.
53. No Waiver. Failure of Commission to insist on any one occasion upon strict
compliance with any of the terms, covenants or conditions hereof shall not be deemed a
waiver of such term, covenant or condition, nor shall any waiver or relinquishment of
any rights or powers hereunder at any one time or more times be deemed a waiver or
relinquishment of such other right or power at any other time or times.
[Signatures on following page]DR
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SIGNATURE PAGE
TO
PROFESSIONAL SERVICES AGREEMENT
WITH FHWA FUNDING/ASSISTANCE
IN WITNESS WHEREOF, this Agreement was executed on the date first written
above.
RIVERSIDE COUNTY
TRANSPORTATION COMMISSION
By:
Anne Mayer
Executive Director
Approved as to Form:
By:
Best, Best & Krieger LLP
General Counsel
CONSULTANT
By:
Signature
Name
Title
ATTEST:
By:
Its: ___________________________
* A corporation requires the signatures of two corporate officers.
One signature shall be that of the chairman of board, the president or any vice president and the second
signature (on the attest line) shall be that of the secretary, any assistant secretary, the chief financial
officer or any assistant treasurer of such corporation.
If the above persons are not the intended signators, evidence of signature authority shall be provided to
RCTC.
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17336.03400\31233218.1 EXHIBIT B-31
EXHIBIT “A”
SCOPE OF SERVICES
[attached behind this page]
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The Riverside County Transportation Commission is seeking proposals from
qualified engineering professionals to provide Construction Management (CM),
Materials Testing, and Construction Surveying services for construction of the I-15
SMART Freeway Improvements Project located in the City of Temecula in the
County of Riverside, CA. The project includes constructing various civil
improvements and installation and integration/commissioning of Intelligent
Transportation System (ITS) devices at three interchanges (Winchester Road
north bound, Rancho California Road north bound, and Temecula Parkway north
bound), and along the north bound main line freeway, using two separate
contracts.
Services will include pre-construction plan, specification, and estimate (PS&E)
review, bid analysis, construction inspection; preparation of progress payments
and change orders, schedule and claim analysis; Contractor interface and
contract administration; office engineering; and other assorted duties as
appropriate for construction management, as well as materials testing,
construction surveying, and project closeout tasks. Inspection of the installation,
integration, and commissioning of the ITS, coordinated adaptive ramp metering
(CARM) devices, and communication systems.
Management of the ITS contractor during operations and maintenance of the ITS
and CARM system is required to ensure continued performance of the systems
during the 2-year demonstration period. This requires 24 hour a day / 7-days a
week support and oversight. The CM consultant will be required to ensure the ITS
contractor responds to maintenance requests within 24 hours to ensure the
systems remain operational.
The project’s final design is scheduled for completion by September 2022.
Background Information
The following information will be available on the Commission’s website located at
www.rctc.org/doing-business/.
65% Plan set
65% Standard Special Provisions (will be released at a later date)
65% Engineer’s estimate (will be released at a later date)
Design Engineering Evaluation Report (DEER)
Estimated Working Days
• CIVIL Construction Works - 190 working days
• ITS Construction Works - 193 working days
• ITS Operations and Maintenance - 474 working days
Construction Schedule (Tentative)
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It is anticipated that the project will be advertised as two separate construction
contracts 1) Civil Works 2) ITS / CARM system installation, commissioning,
operations, and maintenance.
The anticipated construction schedule for the project is shown below:
CIVIL WORKS
Advertisement Date: November 3, 2022
Bids Due: December 15, 2022
Recommendation to Committee: January 23, 2023
Anticipated Commission Award: February 8, 2023
Notice to Proceed March 9, 2023
Anticipated Completion Date November 2023
Complete Close-Out Jan 2024
ITS WORKS
Advertisement Date: January 26, 2023
Bids Due: March 9, 2023
Recommendation to Committee: April 24, 2023
Anticipated Commission Award: May 10, 2023
Notice to Proceed June 8, 2023
Anticipated Completion Date January 2024
Complete Close-Out March 2024
Operations and Maintenance Monitoring March 2024 to January 2026
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Performance Requirements
Construction Management: OFFEROR shall furnish a Project Manager or a
Resident Engineer as a single point of contact for this agreement and to
coordinate OFFEROR’S operations with COMMISSION. The single point of
contact shall be responsible for all matters related to OFFEROR’S personnel and
operations. The Resident Engineer shall be in responsible charge of construction
activity within the Project. The Resident Engineer shall be a Civil Engineer,
registered in the State of California. Other Assistant Resident Engineers may be
assigned to each specific project responsibilities as needed. If the Resident
Engineer is not also a registered Landscape Architect, a registered Landscape
Architect shall be assigned to the project responsible for daily on-site inspections
and decisions regarding highway planting and the irrigation systems that comprise
a portion of the Project.
The number of OFFEROR personnel assigned to the project will vary throughout
the duration of the agreement. OFFEROR personnel shall be assigned, in varying
levels of responsibility, as needed by the OFFEROR to meet the project schedule,
project requirements, and construction activities.
The typical workday includes all hours worked by the construction Contractor. If
necessary, overtime for OFFEROR personnel may be required.
OFFEROR personnel shall be knowledgeable of and comply with all applicable
local, state, and federal regulations related to construction and construction
engineering. OFFEROR personnel shall cooperate and consult with
COMMISSION, State, and City officials during the course of the Project. Offeror
shall consult with and coordinate activities of third-party agencies and utilities.
OFFEROR personnel shall perform duties as may be required to assure that
construction is being performed in accordance with the Project plans and
specifications. OFFEROR personnel shall keep accurate and timely records and
document all work performed by the Contractor and OFFEROR.
OFFEROR shall monitor for Contractor’s compliance with the labor standards
provisions of the contract and the related wage determination decisions of the
Secretary of Labor.
OFFEROR personnel shall assist COMMISSION and local agencies in obtaining
compliance with the safety and accident prevention provisions of the projects.
Local agencies will retain jurisdictional control for traffic control.
All services required hereunder shall be performed in accordance with California
Department of Transportation guidelines, regulations, policies, procedures,
manuals, and standards, except as noted in the special provisions or
superseded/augmented by Commission’s procedures
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Materials Testing: The number of field testing personnel assigned to the project
will vary throughout the duration of the construction contract. OFFEROR
personnel will be assigned as needed by the Resident Engineer to meet the
schedule of the construction Contractor.
A field technician may be required throughout the construction contract period. At
times, additional technicians may be required to provide support for on-going
construction activities. The duration of assignments could vary from a minimum of
a few days to the full term of the project. OFFEROR personnel will be available
within two (2) days of written notification by COMMISSION.
It is the intent of COMMISSION to maintain a consistency of material testing
quality throughout each phase of each project. OFFEROR is therefore
encouraged to provide, wherever and whenever possible, the same field
personnel for the duration of the project.
On days when work is not performed by the construction contractor, such as rainy
or unsuitable weather days, OFFEROR will not provide services unless authorized
by the COMMISSION Construction Manager.
If a member of OFFEROR's personnel is on a leave of absence, OFFEROR's
project manager/RE will provide an equally qualified replacement employee until
the original member returns to work. The replacement employee will meet all the
requirements of a permanently assigned employee.
All personnel will be knowledgeable of, and comply with, all applicable local,
Caltrans, and federal regulations; cooperate and consult with COMMISSION and
local agency officials during the course of the contract; and perform other duties
as may be required to assure that the construction is being performed in
accordance with permit requirements, the project plans and specifications.
OFFEROR’s personnel will keep records and document the work as directed by
the Resident Engineer.
OFFEROR personnel shall assist COMMISSION and local agencies in obtaining
compliance with the safety and accident prevention provisions of the project.
Local agencies will retain jurisdictional control for local traffic control.
All services required hereunder will be performed in accordance with Caltrans
regulations, policies, procedures, manuals, and standards as modified by the
Commission’s General Conditions and procedures.
Construction Surveying: OFFEROR will furnish surveying crew(s) to perform
construction surveys for the project. The number of survey crew(s) assigned to
the project will vary throughout the duration of the construction contract.
OFFEROR personnel will be assigned as needed by the Resident Engineer to
meet the schedule of the construction contractor.
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It is the intent of COMMISSION to maintain a consistency of construction survey
quality throughout each phase of each project. Therefore, OFFEROR is
encouraged to provide the same field personnel for the duration of construction. It
is important that the Field Party Chief(s) assigned to a project be completely
familiar with the survey control and staking requirements established for the
project.
Construction surveying will not be performed when conditions such as weather,
traffic, and other factors prevent safe and efficient operation.
If OFFEROR’s survey crew personnel assigned to the project is on a leave of
absence, the Project Manager will provide an equally qualified replacement(s)
until the original employee(s) returns to work. The replacement will be required to
meet all the requirements of the permanently assigned employee.
OFFEROR personnel will:
• Be knowledgeable of, and comply with all, applicable local, state, and federal
regulations.
• Cooperate and consult with COMMISSION officials during the course of the
contract.
• Perform duties as may be required to assure construction is performed in
accordance with the project plans and specifications.
• Keep contemporaneous records and document work as directed by the
Resident Engineer.
All services required hereunder will be performed in accordance with Caltrans
regulations, policies, procedures, manuals, and standards as modified by the
Commission’s General Conditions and procedures.
Duties and Responsibilities
1. Pre-construction Services
a. Plan Review
OFFEROR shall review construction contract documents prior to construction.
Tasks include review of plans, specifications, technical reports, Resident
Engineer’s pending files, and associated items in order to verify completeness
and consistency throughout the Project. At a minimum, OFFEROR shall check for
quantity discrepancies, potential conflicts, constructability, and consistency
between plans, specifications and pay items. OFFEROR’S plan review shall
include a review of various discipline plans (e.g., layout, drainage, bridge,
landscaping, electrical, etc.) for conflicting or missing information.
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b. Schedule
OFFEROR shall review the proposed Project schedule, compare it to the Project
plans and specifications, and provide recommendations to COMMISSION, as
appropriate, to ensure efficiency of Contractor and OFFEROR operations and
safe and expeditious completion of the Project.
c. Budget
OFFEROR shall review the Project estimate and provide recommendations to
COMMISSION, as appropriate, to ensure efficient utilization of funds and control
of project costs.
2. Bid Process
a. Bid Documents
OFFEROR shall assist COMMISSION, as requested, with the following tasks:
1) Review of bid documents
2) Review bid questions and draft responses
3) Prepare bid tabulations
b. Pre-construction Meetings
OFFEROR shall assist COMMISSION in conducting one or more, pre-construction
meetings with all involved parties on the Project. Parties may include, but are not
limited to, the Contractor, the design engineer, Caltrans, county, cities, utility
companies, and developers.
c. Contract Award
OFFEROR shall assist COMMISSION, as requested, with the following tasks:
1) Review bids for completeness and responsiveness
2) Perform bid analysis
3) Coordinate with prospective Contractor for award of construction
contract.
All processes will be consistent with procedures outlined by Caltrans for Special
Funded Programs.
3. Project Administration
a. OFFEROR shall administer the project construction contract using
Caltrans Construction Manual as a guideline.
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b. OFFEROR shall conduct regular project coordination meetings with
Contractor, COMMISSION, local agencies, and design engineer, as
appropriate.
c. OFFEROR shall prepare Contractor progress payments and
maintain payment records and supporting documentation. All
progress payments shall be reviewed by COMMISSION for
approval.
d. OFFEROR shall establish and maintain Project records. Project
record keeping shall include, but are not limited to, RE and Assistant
RE daily reports, correspondence, memoranda, contract documents,
requests for information (RFIs), change orders, claims,
COMMISSION and engineer directives, meeting minutes, shop
drawings, supplementary drawings, review and approval of
submittals, schedule reviews and preparation of weekly working day
statements, quantity calculations and/or documented field
measurement/count and Daily Extra Work Reports that support
progress payments. OFFEROR shall maintain a record of the
names, addresses, and telephone and fax numbers of the
Contractors, subcontractors, and principal material suppliers.
e. OFFEROR shall establish and maintain a filing system for each
Project using the Caltrans Construction Manual as a guideline.
OFFEROR shall transmit certain project records to the Commission
using SharePoint, an electronic transfer and collection system.
f. OFFEROR shall monitor Contractors’ construction schedules on an
ongoing basis and alert COMMISSION to conditions that may lead
to delays in completion of the Project.
g. OFFEROR shall prepare and submit a Monthly Report for the
project. The Monthly Report shall describe construction activity,
accomplishments, issues and status of submittals, RFIs, Change
Orders and the project budget and schedule status against the
approved Baseline Schedule. A minimum of four (4) construction
photos shall be submitted with each monthly report.
h. OFFEROR shall review and ensure compliance with environmental
requirements.
i. OFFEROR shall participate in partnering sessions with the
Contractor, COMMISSION, and Local Agencies, if required.
j. OFFEROR shall assure that the Project meets all provisions of the
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Commission and Caltrans Quality Assurance Program Manual.
OFFEROR shall prepare and submit a project-specific Quality
Assurance Plan (QAP) to the COMMISSION for review and
approval. The QAP shall be reviewed quarterly and updated as
necessary. All OFFEROR’S project personnel shall indicate their
review of the QAP by signature.
k. OFFEROR shall review Contractors’ certified payroll records and
other labor compliance records and assure the construction
Contractor’s compliance with Contract requirements
l. OFFEROR shall monitor and maintain records to assure that the
construction Contractor complies with all provisions of the Storm
Water Pollution Prevention Plan (SWPPP).
m. OFFEROR shall assure that the Project meets all applicable
regulations of the Air Quality Management District (AQMD).
4. Construction Coordination
a. OFFEROR shall provide a minimum of one qualified Senior Resident
Engineer and other qualified Resident Engineers, as needed to effectively
manage the Project.
b. OFFEROR Resident Engineer shall act as the prime point of contact
between Contractor, COMMISSION, OFFEROR’s construction surveyor,
OFFEROR’s materials inspector, OFFEROR’s public outreach, and utility
companies. OFFEROR may, when requested by COMMISSION, act as
point of contact between design engineers, cities, and the public.
c. OFFEROR shall maintain regular contact with COMMISSION’s
Construction Manager.
d. OFFEROR shall coordinate relocations and arrangements for power for the
site with utility companies and their designees.
e. OFFEROR shall review Project plans and special provisions for possible
errors and deficiencies prior to construction of any specific element and
report such findings to COMMISSION. Should COMMISSION determine
that changes are necessary, OFFEROR shall process and implement
change orders in accordance with contract documents.
f. OFFEROR shall provide all required monitoring, coordination, and tracking
of construction progress to ensure the Project proceeds on schedule and
according to the order of work in the plans and special provisions.
OFFEROR shall expedite work, as required, to maintain schedule in
conjunction with the overall construction staging program.
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g. OFFEROR shall review shop drawings, coordinating with the Source
Inspection Project Manager and Division of Structures as appropriate.
OFFEROR shall coordinate resolution of Requests for Information (RFI)
with the Commission’s designer and communicate actions and status with
the Commission’s Construction Manager. OFFEROR shall log and track all
submittals and requests.
h. OFFEROR shall provide a qualified SWPPP coordinator who shall review
Contractor-prepared Storm Water Pollution Prevention Plans (SWPPP) and
coordinate approval with COMMISSION. OFFEROR shall cooperate with
monitoring agency inspections and field reviews.
i. OFFEROR shall coordinate the implementation of any changes with the
Construction Manager and the design engineer. All change orders shall be
prepared using Commission’s format and procedures. All change orders
will be submitted to Caltrans (on the State Highway System) and the
Commission for approval.
j. OFFEROR shall review and approve falsework, shoring and other
temporary work plans.
k. OFFEROR shall review and approve Traffic Control Plans and forward to
local jurisdictions for approval as necessary.
l. OFFEROR shall coordinate all Project construction activities with other on-
going projects within and adjacent to the Project limits.
OFFEROR shall review existing highway electrical and traffic systems
arrangements with County and arrange, through the construction Contractor, any
temporary facilities required during construction.
5. Construction Inspection
a. OFFEROR shall coordinate all required inspections necessary for the
Project. OFFEROR shall ensure that appropriate City and local agencies
are notified and present as required throughout the Project. OFFEROR
shall notify COMMISSION immediately regarding any directives,
recommendations, notices, etc. received from agencies other than
COMMISSION before taking action.
b. OFFEROR shall perform and document daily on-site inspections of the
progress and quality of construction to determine if the work being
performed is in general conformance with the contract documents, permits,
all applicable laws, codes, and ordinances.
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c. OFFEROR shall exercise reasonable care and diligence to discover and
promptly report to COMMISSION any and all defects or deficiencies in the
materials or workmanship used in the Project.
d. OFFEROR personnel assigned to the Project shall be thoroughly familiar
with Caltrans Standard Specifications, Caltrans Standard Plans, and
Caltrans Erosion Control and Highway Planting requirements. OFFEROR
personnel shall have the ability to read and interpret construction plans and
specifications. OFFEROR personnel shall also have knowledge of State of
California Construction Safety Orders (CalOSHA) and traffic control
practices as specified in the Work Area Traffic Control Handbook
(WATCH). In addition, OFFEROR personnel shall be familiar with the
construction requirements of Storm Water Pollution Prevention Program.
e. Assignments to be performed by OFFEROR personnel shall include, but
are not limited to, the following:
1) Earthwork inspection including source and quality of imported and/or
fill material and compaction; subgrade and paving inspection
including checking alignment and grade; structure work inspection
including foundation construction (piling), structure element
formwork, reinforcing and prestressing steel installation, concrete
placement; subsurface and finish drainage system inspection;
signing and striping inspections, electrical and highway traffic
system inspection, Landscape hardscape, soil amendment, SWPPP
compliance; planting and irrigation installation inspection; fencing;
temporary and permanent traffic barriers and device inspection;
monitor construction traffic control, material haul routes, and
detours, and any other duties that may be required to determine that
construction of the Project is being performed in accordance with the
contract documents.
2) Identifying actual and potential problems associated with the Project
and recommending sound engineering solutions.
3) Arrange testing in accordance with Caltrans highway materials
testing and planting procedures. Arrange for necessary corrective
work, as required. Provide comprehensive materials records
including materials sources, inspection & test results and
documented compliance with specifications.
4) Maintaining awareness of safety and health requirements.
Monitoring Contractors’ compliance with applicable regulations and
construction contract provisions for the protection of the public and
Project personnel.
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5) Preparing complete and accurate daily reports, calculations, project
records, payment quantity documents, reports, and correspondence
related to Project activities. Documents shall be sufficient to support
actual cost of force account work.
6) Preparing construction sketches, drawings, and cross-sections, as
necessary.
7) Keep records of all deviations from the approved plans to assist the
Design Engineer in the preparation of as-built plans. Provide final
clearance dimensions from roadways to bridge soffits.
8) Providing inspections for environmental compliance. Coordinate
with third-party consultants or stake holders for special monitoring or
inspections and disposal of hazardous material, if required.
9) Maintaining awareness of water discharge requirements. Monitoring
Contractors’ compliance with applicable regulations and construction
contract provisions.
10) Monitoring Contractors’ compliance with applicable regulations
required by AQMD.
11) Coordinate Contractor’s lane traffic closures with County and the
Sheriff including, when necessary, the provision of CHP services for
COZEEP operations. Maintain records of COZEEP participation to
support the Commission’s payment process for the CHP.
12) Monitor work associated with Temporary Construction Easements
and communicate with land owners through the Commission’s
representatives.
13) Other duties as may be required or reasonably requested.
f. ITS/CARM/Traffic Signalization Inspection
a. In addition to the Inspection requirements outlined in Sections 5a to 5e the
following are required for the ITS/CARM/Traffic Signalization Inspection.
b. OFFEROR shall provide an inspector who is experienced in the installation,
integration and commissioning of ITS/CARM/Traffic signalization system.
c. OFFEROR shall ensure the Contractor is performing the work for the
ITS/CARM/Traffic Signalization as per the contract documents and the
manufacturer’s recommendations.
d. OFFEROR shall identify any difficulties with the installation and
commission of the systems early and provide recommendations on how to
address and rectify to ensure the project remains on schedule.
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e. OFFEROR shall meet with the ITS/CARM/Traffic Signalization
manufacturer’s to ensure their staff are trained in the specific requirements
for the equipment.
f. OFFEROR shall monitor and document the Contractor’s installation,
integration, and commission of the ITS/CARM/Traffic Signalization
equipment.
g. OFFEROR shall coordinate as necessary with the software manufacturer
and ITS/CARM/Traffic Signalization operator to ensure the Contractor has
properly configured the system.
h. OFFEROR shall coordinate any site visits / inspections by the
ITS/CARM/Traffic Signalization manufacturers or software developer.
6. Project Support
a. Construction Surveys
OFFEROR shall perform construction surveying services, field calculations, and
home office calculations to support construction of the projects. OFFEROR may
be requested to review available survey data, construction plans, and right-of-way
plans to confirm compatibility and to identify discrepancies prior to and during
construction of proposed projects. The survey effort shall assist the Construction
Management team in all phases of construction. The Resident Engineer will
assign survey work by issuing a “Request for Survey Services”. Requests may
include, but not be limited to, the following types of surveys and related services:
1) Construction Surveys
Survey calculations and adjustments shall be performed with established and
computed coordinates based on the California Coordinate System.
Cross-section data collection shall be performed by conventional and terrain
line interpolation survey methods.
Survey data will include topography, cross-section, and other survey data in
computer formats compatible with the Caltrans computer survey and design
systems.
Prepare and maintain survey documents. Survey documents include survey
field notes, maps, drawings, and other survey documents.
Perform construction staking, including but not limited to:
• Utility locations
• Clearing limits
• TCE and R/W limits
• Slope staking
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• Rough grade
• Finish grade
• Storm drain, sanitary sewer, and irrigation system
• Drainage structures
• Curb, gutters, sidewalk
• Horizontal and vertical control for structures and portions of structures
(bents, abutments, wingwall)
Monitor foundation for settlement, if required
Provide measurements to support earthwork quantity calculations
Global Positioning Satellite (GPS) equipment shall be made available if
required by the COMMISSION
2) Right of Way Lines
Existing right of way will be established from Local Agency’s record
information and existing monumentation.
• Right of way monumentation shall be renewed and restored in
accordance with Section 10.4 of the Caltrans “Survey Manual” and the
State of California Land Surveyor’s Act.
• Corner records and records of surveys shall be prepared and filed in
accordance with the applicable standards and the State of California
Land Surveyor’s Act.
• Perpetuate existing monumentation. Includes restoring, renewing,
referencing, and resetting existing boundary related monumentation.
In addition, stake areas where construction disturbs the existing right
of way, preparing and filing required maps and records.
• Right of Way Surveys. Includes research and preparation filing of
required maps and records. In addition, locate and set monuments for
right or way and staking for right of way fences.
• Final monumentation. Includes setting of centerline points of control
upon completion of construction.
3) Special Design – Data Surveys
Includes drainage, utility, and surveys required for special field studies.
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b. Materials Testing and Geotechnical Services
OFFEROR will provide experienced personnel, equipment, and facilities to
perform various construction materials sampling and testing. Material plant,
Laboratory, and field materials sampling, and testing will be used to ensure,
concrete, hot mix asphalt, pavement, and embankment construction work
conforms to California State Department of Transportation (Caltrans) standards,
specifications, and special provisions for material quality and workmanship.
All field and laboratory testing shall be performed in accordance with California
Test Methods.
OFFEROR will be responsible for the accuracy and completeness of all test data
compilation and results.
c. Permits
OFFEROR shall review the project for permit compliance and coordinate with
COMMISSION and the design engineer to ensure that necessary permits are
obtained. OFFEROR shall assist COMMISSION in the coordination, timely
processing and verification of approval for all permits. OFFEROR shall maintain
permits and permit documentation on site.
d. Operations and Maintenance Management (2-year Demonstration period)
OFFEROR shall provide a staff member experienced in ITS, CARM, Signalization,
traffic metering, or other electronic detection/monitoring systems operations and
maintenance.
OFFEROR shall provide the Operations and Maintenance Staff with the
necessary vehicle and equipment to perform their work.
OFFEROR shall understand the Operations and Maintenance will be 24 hours a
day / 7 days a week and the Contractor may need to perform work on weekends
or holidays.
OFFEROR’s Operations and Maintenance Staff will monitor the ITS and identify
any issues that arise impacting the systems operations. The Operations and
Maintenance Staff will notify the Contractor of the issue and ensure the Contractor
has a crew on site within 24-hours of notification.
OFFEROR shall implement a defect tracking system, that shall detail the follow-
up, repairs, corrections made and document the close out of each defect.
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OFFEROR staff will manage the Contractor’s operations and maintenance crew
and will ensure the crew is addressing any maintenance issue with the ITS. This
may include:
• Monitoring system alarms and triaging actions required to ensure
continuing operations.
• The system will notify the contractor and CM of malfunctioning equipment.
• The CM shall confirm the contractor is aware the system is non-
operational.
• Join the contractor at the site for inspections and monitor any maintenance
performed.
• Ensure any traffic control or lane closures are scheduled to perform the
work, where necessary.
• Ensure Caltrans, City, or local Agencies affected by the work are provided
adequate notice.
• Ensure the maintenance performed is in compliance with the contract
requirements and manufacturer’s specifications / requirements.
• Documenting the maintenance performed and identifying the contractor
crew, equipment, and materials used, hours worked etc.
• Review contractor submissions of maintenance reports.
• Review contractor submission of request for reimbursement for repairs or
work that the contractor does not consider maintenance. OFFEROR staff
will review the request, contract documents, and work performed to provide
a determination and recommendation to the COMMISSION if
reimbursement of the work is valid.
• Ensure the Contractor provides an Operations and Maintenance schedule
that details both preventative and corrective maintenance required to
ensure optimal performance of the systems.
• Review and provide comments on the Contractor’s Operations and
Maintenance schedule, compare to the equipment and contract
requirements and ensure it complies with the recommended maintenance
intervals.
• Monitor the Contractor’s performance against the approved Operations and
Maintenance schedule.
• Monitor the Contractor’s performance of debris/trash removal or equipment
cleaning that is or may impair the devices operations.
• Provide weekly reports on the operations and maintenance activities.
• Track repetitive maintenance issues and coordinate with the Contractor
and/or the manufacture to identify methods or changes to reduce the
issues.
7. Cost and Schedule
a. OFFEROR shall prepare and track the following:
1. Contract pay item quantities, materials-on-hand and progress
payments
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2. Extra work/Compensation adjustment payments
3. Contract change orders
4. Supplemental work items
5. Agency-furnished materials
6. Contingency balance
7. Project budget
8. Anticipated final cost
b. OFFEROR shall review and monitor Contractor’s schedule and
inform COMMISSION of any significant changes or deviations in the
schedule.
c. OFFEROR shall provide and maintain a Project staffing plan of field
office personnel. In cooperation with COMMISSION, the staffing plan shall
be periodically updated to reflect Project progress and needs.
8. Contract Change Orders and Claims
a. OFFEROR shall receive and evaluate requests for changes and/or
substitutions by the Contractor. Contract Change Orders submitted to
COMMISSION shall be accompanied by OFFEROR recommendations.
Where applicable, OFFEROR shall convey proposed changes to design
engineer, Caltrans Oversight Engineers or other project principals. If the
requested changes are accepted, OFFEROR shall negotiate and prepare
appropriate Contract Change Orders.
b. OFFEROR shall attempt to avoid all unnecessary Contract Change Orders.
When a Contract Change Order is necessary, OFFEROR shall consult with
COMMISSION prior to its preparation. Unless directed otherwise by
COMMISSION, the preferred method of payment for Contract Change
Orders should be as follows:
1. Agreed Price
2. Adjustment in compensation to a bid item
3. Time and materials or Force Account
c. OFFEROR shall attempt to identify all potential claims, track and monitor
unresolved claims, and implement claims avoidance processes.
d. OFFEROR shall assist COMMISSION, as requested, in the identification,
resolution, and final disposition of claims filed by the Contractor or third
parties against COMMISSION or the Project.
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9. Safety
In addition to the requirements specified elsewhere in this agreement, the
following shall also apply:
a. OFFEROR shall implement a comprehensive safety program including
preparation of a project-specific Accident/Illness Prevention Plan and
conduct regular tail-gate safety meetings for OFFEROR personnel.
OFFEROR shall provide a monthly report of traffic and site safety incidents,
accidents and issues to the COMMISSION as part of the Monthly Report.
b. OFFEROR shall comply with State of California Construction Safety Orders
and provisions of the Caltrans Construction Manual.
c. OFFEROR shall provide appropriate safety training for all OFFEROR field
personnel.
d. OFFEROR shall provide all necessary safety equipment as required for
OFFEROR personnel.
10. Project Close Out
a. OFFEROR shall prepare a list of items to be completed and/or corrected by
the Contractor for final completion of the Project.
b. OFFEROR shall collect and furnish as-built information to the design
engineer for preparation of as-built drawings including utility locations,
electrical system element locations and system requirements, prestressing
drawings and pile logs, as applicable.
c. OFFEROR shall review and verify completeness of as-built drawings.
d. OFFEROR shall conduct a final walk-through with COMMISSION,
Caltrans, Local Agencies, Contractors, and design engineers.
e. OFFEROR shall prepare final construction reports including the Project
Completion Report in the format and content requirements set forth by the
COMMISSION.
f. OFFEROR shall prepare and deliver to COMMISSION all project files in
hard copy and/or electronic format.
g. OFFEROR shall assist COMMISSION and Contractor in obtaining final
release of all project permits.
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h. OFFEROR shall obtain from the Contractor the CARM configuration files
and software documentation as part of the as-builts for the project.
i. OFFEROR shall obtain from the Contractor the functional configuration
audit and signed off inspection and test reports from the commissioning of
the ITS systems as part of the as-builts.
DELIVERABLES. NOTE: The OFFEROR shall maintain records as described
below in the Construction Field Office. In addition, certain records shall be
transmitted electronically as the work proceeds to the Commission using
SharePoint and/or Laserfiche per the Commissions procedures.
a. Inspector daily reports, extra work diaries, Landscape Architect, and
Resident Engineers’ daily diaries.
b. Monthly Project Activity Summary Reports.
c. Monthly Contractor progress payments, back-up documentation, and
Contractor payment records.
d. Contractor final payment documents, delivered to COMMISSION no later
than ten (10) working days after acceptance by COMMISSION of the
completed construction project.
e. Project Completion Report.
f. All project files, project reports, correspondence, memoranda, shop
drawings, project logs, schedule analyses and weekly working day
statements, change order data, claims and claim reports, and Contractor
payment records.
g. Certified payrolls and fringe benefit statements for all employees,
OFFEROR and Contractor, who are subject to the State and/or Federal
prevailing wage rates.
h. All material test results shall be provided in accordance with the applicable
Standard Specifications and Special Provisions, and test methods. Failing
tests shall be immediately reported to the Resident Engineer or Structures
Representative. All test results shall be recorded on the appropriate forms.
The test documents will be legible and show the identity of the tester where
appropriate. A notebook containing all results will be kept. All test
equipment shall be calibrated per California Test requirements and
regularly verified.
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i. Unless otherwise specified in the survey request, the deliverables shall
conform to the following:
1. Survey points, lines, and monuments shall be established, marked,
identified, and referenced as required by survey request and
requirements herein.
2. Survey notes, drawings, calculations, and other survey documents
and information shall be completed as required by the survey request
and the requirements herein.
j. All original survey documents resulting from this contract, including original
field notes, adjustment calculations, final results, and appropriate
intermediate documents, shall be delivered to the Resident Engineer and
shall become the property of COMMISSION. A copy of all survey
documents furnished by COMMISSION shall be retained by OFFEROR for
future reference.
When the survey is performed with a total station survey system, the original
field notes shall be a hard copy in a readable format of the data
(observations) as originally collected and submitted by the survey party. The
hard copy shall be signed by the Party Chief. If the Party Chief is not
licensed, the person in “responsible charge” will be required to sign.
k. Survey deliverables shall follow the format specified below:
• Horizontal Control
• Alpha numeric hard copy point listing with adjusted California
Coordinate System northing and eastings and the appropriate
descriptions.
• Vertical Control
• Alpha numeric hard copy benchmark listing with adjusted elevations
compatible with the design datum.
• Topography
• Alpha numeric hard copy listing, hard copy drawing, and computer
aided drawing and design (CADD) digital drawing. The CADD
drawing shall be compatible with the systems utilized by Caltrans.
Data collection method used to collect cross-section data and the coding
(feature description) of terrain data for cross-sections shall conform to the
survey request requirements. Deliverables shall depend on the data
collection method as follows:
• Conventional Cross – Sections (each cross – section):
For each cross - section and alpha numeric listing, a hard copy
drawing, and a computer formatted file compatible with the systems
utilized by Caltrans.
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• Terrain Line Interpolation Cross – Section Data (each terrain line
interpolation survey):
Terrain line interpolation cross – sections shall include an alpha
numeric listing, a hard copy plan view drawing of the terrain lines, and
a computer input file. The computer input file shall be provided in a
format compatible with the systems utilized by Caltrans.
l. Data Collector Data
If specified in the survey request, the raw data from the data collector shall be
provided in a format conforming to the survey request requirements
m. Other
As specified in the survey request.
Equipment and Materials to be provided by Offeror
1. OFFEROR will provide appropriate office space and equipment to support
a project of this size and duration.
2. OFFEROR shall provide all necessary equipment including software,
materials, supplies, miscellaneous tools, and safety equipment required for
its personnel to perform the services accurately, efficiently, and safely.
Only those items listed in Attachment B, OFFEROR Cost Proposal, shall
be reimbursed by COMMISSION.
3. OFFEROR personnel shall provide vehicles for field personnel suitable for
the location and nature of the work involved. Vehicles shall be equipped
with flashing yellow lights, either permanently or temporarily affixed.
4. OFFEROR personnel shall be provided with a mobile radio, cellular phone,
or other means to assure full-time communication. If a radio system is
used, OFFEROR shall provide a base station at the field office.
5. OFFEROR personnel shall be provided with all applicable standard plans,
specifications, and other standards as appropriate.
6. For Materials Testing, OFFEROR and its staff shall be fully equipped at all
times to perform the services required, including but not limited to the
following:
a. Materials testing on-site mobile laboratory or laboratory in close
proximity to the project will be required. The type and location of the
lab should be such that it can meet the needs of the project in an
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efficient, time effective manner. The laboratory shall be fully staffed,
equipped, and supplied to conduct all required soils, materials, and
concrete breaking tests in a timely manner.
b. OFFEROR’s personnel will be provided with radios, mobile phones,
or other means to assure full-time communication. OFFEROR
vehicles will have flashing lights, visible from the rear, with a driver
control switch. Vans without side windows will not be used.
OFFEROR shall furnish magnetic logos will be affixed to each side
of the vehicle at all times the vehicle is being used for the work
under this agreement.
Each vehicle shall be fully contained with all necessary equipment
and supplies necessary to perform the field sampling and tests
required.
c. Field personnel will be provided with all necessary safety equipment
to permit work to be performed safely and efficiently within operating
highway and construction zone environments.
d. All equipment to be calibrated as per Section 3-10 and 3-11 of
Caltrans’ Quality Assurance Program Manual.
7. For construction surveying, OFFEROR and staff shall have adequate
equipment and supplies to complete the required survey work. Equipment
and supplies shall, include, but not be limited to:
a. Survey vehicles
Survey vehicles will be suitable to perform the required work in varying
terrain and conditions encountered on the project. Vehicles shall be fully
equipped with all necessary tools, instruments, supplies, and safety
equipment required to perform the work accurately, efficiently, and safely.
Vehicles shall be equipped with a flashing yellow beacon light.
b. Data Processing Systems
Data processing systems shall include hardware and software to:
• Performing survey and staking calculations from the design plans
and specifications;
• Reduce survey data collected with conventional and total station
survey systems;
• Perform network adjustments for horizontal and vertical control
surveys;
• Format survey data to be compatible with the Caltrans computer
survey and data system.
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c. Drafting equipment and supplies.
d. Digital calculators.
e. Hand tools as appropriate for the requested survey work.
f. Traffic cones (minimum 25). Traffic cones shall be 28 inches in height
(minimum).
g. Traffic control devices as required to perform the requested survey work.
Traffic control devices include signs, sign bases, flags, and hand held
signs.
h. Leveling instruments and equipment:
• Self-leveling level. Precision: standard deviation in one mile of double
run leveling 0.005 feet or less.
• Suitable level rods for the work to be performed.
i. Distance measuring instruments and equipment:
• Electronic distance measurer (EDM). Precision: standard deviation 3
mm plus 3 PPM, or less; Range: Minimum one mile under average
atmospheric conditions.
• Prisms, sufficient to perform the required work.
• Tapes; steel, cloth.
j. Angle measuring instruments and equipment:
• Theodolite for non-control surveys; Precision: direct circle reading to
three seconds, or equivalent, horizontal and vertical.
• Targets as required to perform the work.
k. When required for efficient survey operations, total station survey systems
consisting of an electronic angle measuring instrument, EDM, and
electronic data collector shall be provided. The angle measuring
instruments and EDM shall conform to the requirements for the
equipment previously listed.
l. Radio or cellular communications equipment for communication between
field office and field crews.
m. Caltrans manuals, standards, forms, and other policies and procedures to
be followed to perform the required work.
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Materials to be Furnished by Commission
1. COMMISSION will provide copies of all Project construction documents
including plans, special provisions, reports, designer prepared resident
engineer files, and contracts.
2. COMMISSION will provide copies of all previously secured permits and
Project authorizations.
Standards
All construction inspection, surveys, materials sampling and testing, and contract
administration shall be in accordance with the Contract documents and current
Caltrans Manuals including:
1. Construction Manual and its revisions
2. Bridge Construction Records and Procedures Manual
3. Quality Assurance Program Manual
4. Manual of Traffic Controls for Construction and Maintenance Work Zones
5. Caltrans Standard Specifications and Standard Plans
6. Caltrans Storm Water Pollution Prevention Plan (SWPPP) and Water
Pollution Control Program (WPCP) Preparation Manual
7. Manual of Test (3 volumes)
8. Survey Manual
9. District 8 Standard Staking Procedures Manual
Work not covered by the manuals shall be performed in accordance with accepted
professional standards.
Surveys performed by OFFEROR shall conform to the requirements of the Land
Surveyor’s Act. In accordance with the Land Surveyor’s Act, “responsible charge”
for the work shall reside with the Licensed Land Surveyor or a pre-January 1,
1982, Registered Professional Civil Engineer in the State of California.
Unless otherwise specified in the survey request, control surveys shall conform to
second order (modified) accuracy standards as specified in the Caltrans “Survey
Manual”.
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Additional standards for specific survey work may be included in the applicable
request for survey. Such standards supplement the standards specified herein. If
additional standards conflict with the standards specified herein, the “Survey
Request’s” standard shall govern.
The Resident Engineer and COMMISSION will decide all questions which may
arise as to the quality or acceptability of deliverables furnished and work
performed for this agreement. Any OFFEROR employee who does not perform
adequately will be replaced if directed by the COMMISSION Construction
Manager.
Availability and Work Hours
The typical workday includes all hours worked by COMMISSION’s construction
Contractor. The construction Contractor’s operations may be restricted to specific
hours during the week, which will become the normal workday for OFFEROR’s
personnel. On days when work is not performed by the construction contractor,
such as rainy or unsuitable weather days, OFFEROR services will not be provided
unless authorized by the COMMISSION Construction Manager.
Unless otherwise directed by COMMISSION, the normal work week will consist of
40 hours. From time to time, overtime may be required. However, overtime will
be worked only when approved in writing by COMMISSION.
Limitations to Authority
OFFEROR does not have the authority to:
1. Authorize deviations from the contract documents.
2. Approve substitute materials or equipment; except as authorized in writing
by COMMISSION.
3. Conduct or participate in tests or third party inspections; except as
authorized in writing by COMMISSION.
4. Assume any of the responsibilities of the Contractors, Contractors’
Superintendent, or subcontractors.
5. Exercise control over or be responsible for construction means, methods,
techniques, sequences, procedures, or safety precautions.
6. Communicate directly with subcontractors or material suppliers without the
prior consent of the Contractor.
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7. Verbally authorize or approve change orders or extra work for the Project.
8. Offer or receive incentives, inducements, or other forms of enumeration to
or from the Contractor to perform services or work outside the terms of any
executed contracts for this Project.
Third Party Relationships
This Agreement is intended to provide unique services for a specific project. In
the development of the Project, COMMISSION has worked closely with various
agencies and others in the preparation of the construction documents and other
Project related materials. COMMISSION, however, is solely responsible for and
will be the sole point of contact for all contractual matters related to the Project.
OFFEROR shall take direction only from COMMISSION and shall regularly inform
only COMMISSION of Project progress, outstanding issues, and all Project
related matters.
During the course of the Project, OFFEROR may find occasion to meet with City
representatives, the design engineer, Project Offerors, or other third parties who
have assisted with the Project. These entities may, from time to time, offer
suggestions and/or recommendations regarding the Project or elements of the
Project. While COMMISSION enjoys a close relationship with and has
considerable confidence in the capabilities of these other parties, OFFEROR shall
not act on any suggestions, solicited or unsolicited, without obtaining specific
direction from COMMISSION. All oral and written communication with outside
agencies or Offerors related to the project shall be directed only to COMMISSION.
Distribution of Project related communication and information shall be at the sole
discretion of COMMISSION representatives.
Construction Site Safety
In addition to the requirements specified elsewhere in this agreement, the
following also will apply:
1. OFFEROR will conform to the safety provisions of the Caltrans
Construction Manual.
2. OFFEROR’s field personnel will wear white hard hats with proper
suspension, orange vests with reflective tape, sleeved shirt, long pants,
and leather boots with ankle support and rubber soles at all times while
working in the field.
3. OFFEROR will provide appropriate safety training for all OFFEROR’s
personnel.
4. All safety equipment will be provided by OFFEROR.
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Basis for Survey and Monument Staking
COMMISSION will designate the existing horizontal and vertical control
monuments that are the basis of OFFEROR performed surveys. COMMISSION
will provide the California Coordinate System values and/or elevation values for
these monuments. OFFEROR shall adjust OFFEROR performed surveys to be
the designated control monuments and the values.
Monuments established by OFFEROR shall be marked by OFFEROR with
furnished disks, plugs, tags. In addition, OFFEROR shall identify OFFEROR
established monuments by tagging or stamping the monuments with the license or
registration number of OFFEROR’S surveyor who is in “responsible charge” of the
work.
Personnel Qualifications and Responsibilities
The quantity and qualifications of field personnel to be assigned will be
determined by the scope of the Project and the degree of difficulty of required
tasks to be performed. All personnel and personnel assignments shall be subject
to approval by COMMISSION.
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EXHIBIT “B”
SCHEDULE OF SERVICES
[attached behind this page]
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Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
2022 2023 2024
Description OD Start Finish
Total Float ID
Administrative
CM NTP October 3, 2022 0 10/03/22 361 10
Constructability Review & Advertise & Award CIVIL Contract 105 10/03/22 03/09/23 256 20
CIVIL Contract NTP - Start Construction WD#480 0 03/09/23 0 30
CIVIL Construction Duration (WD 480+ 190 -1 = END WD# 669 December 11, 2023)190 03/09/23 12/08/23 0 40
ITS Construction Works (Start 6/8/23 WD#543 // End 3/19/24 WD #735)193 06/08/23 03/19/24 0 50
Start 2-Year ITS Operations and Maintenance Period 0 03/20/24 0 60
CIVIL Construction Contract
Submittals, Permits, Environmetal (SWPPP)30 03/09/23 04/19/23 0 ADMIN-10
Temecula Parkway
Stage 1
Close HOV Lane with Temp Construction Barriers 3 04/20/23 04/24/23 0 STG1-TP-05
Sawcut and Remove Existing Pavement 2 04/25/23 04/26/23 35 STG1-TP-07
Build Out Shoulder Gore Area 10 04/27/23 05/10/23 35 STG1-TP-10
Ramp Metering - Install Loops, Relocate Foundations 15 05/11/23 06/01/23 40 STG1-TP-20
Relocate Ramp Metering System and Signs, Construct Guard Rail 10 06/02/23 06/15/23 57 STG1-TP-30
Restripe Gore Shoulder Lane Line 5 06/16/23 06/22/23 57 STG1-TP-40
Stage 2
Open HOV Lane, Close Right Lane with Barriers from STG 1 3 06/23/23 06/27/23 57 STG2-TP-10
Relocate Ramp Metering System, Install new 334 Cabinet, Construct Guard Rail 10 06/28/23 07/12/23 57 STG2-TP-15
Install Zone Loop Detectors 10 07/13/23 07/26/23 57 STG2-TP-20
Restripe Gore shoulder Lane 2 07/27/23 07/28/23 90 STG2-TP-30
Rancho California
Stage 1
Shift Mainline, Install Barrier, Maintain Ramp Access 2 04/25/23 04/26/23 0 STG1-RC-05
Rancho California - Construct Retaining Wall 45 04/27/23 06/29/23 0 STG1-RC-10
Construct Parial NB Direct On Ramp 20 06/30/23 07/28/23 0 STG1-RC-20
Ramp Metering - Install Loops, Flashin Beason, Install New 334 Cabinet w/ 2070 Controller 15 07/31/23 08/18/23 0 STG1-RC-30
Stage 2
Construct NB Loop Adjacent to Mainline and NB Direct Merge to Main Line + CB Type 60 40 08/21/23 10/17/23 0 STG2-RC-30
Construct Zone Detectors, Mid Queue Detectors, Carpool Detectors at Loop and Direct Ramps 15 10/18/23 11/07/23 0 STG2-RC-40
Winchester Road
Stage 1
Close Rt Shoulder Direct Ramp + Right Lane Loop Ramp 5 04/27/23 05/03/23 70 STG1-WIN-10
Excavate /Cut back Slope 10 07/31/23 08/11/23 10 STG1-WIN-20
Construct 2nd Lane and Right Shoulder 20 08/14/23 09/11/23 10 STG1-WIN-30
Ramp Metering - Install Loops, Relocate Foundations, Install New 334 Cabinet w/ 2070 Controller 15 09/12/23 10/02/23 10 STG1-WIN-40
Stage 2
Close Lt Shoulder Direct Ramp and Left Lane Loop Ramp 5 10/03/23 10/10/23 10 STG1-WIN-50
Construct Merge Area to Mainline for Direct Ramp 20 10/11/23 11/07/23 10 STG1-WIN-60
Construct Zone Detectors, Mid Queue Detectors and Back Queue Dectectors in Travel Lane 10 11/08/23 11/22/23 10 STG1-WIN-70
Stage 3
Construct Remaining Ramp Merge to Main Line 20 11/08/23 12/08/23 0 STG3-RC-50
ITS Construction Contract
Temecula Parkway
Temecula Parkway On Ramp- Install Conduit & Pull Boxes 5 07/31/23 08/04/23 92 ITS-TP-162
Install TIRTL & 334 Foundations, Set Equipment 5 08/07/23 08/11/23 92 ITS-TP-167
Rancho California
Rancho California On Ramp - Install Conduit & Pull Boxes 5 12/11/23 12/15/23 2 ITS-TP-163
Rancho California On Ramps - Install TIRTL & 334 Foundations, Set Equipment 5 12/18/23 12/22/23 2 ITS-TP-166
Winchester Road
Winchester Road - Install TIRTL System w/ New 334 Cabinet to FO Backbone (2 Loc)5 11/27/23 12/01/23 12 ITS-TP-164
Winchester Road - Install TIRTL & 334 Foundations, Set Equipment 5 12/04/23 12/08/23 12 ITS-TP-168
Project Wide
Install FO Conduit & Pull Boxes at 20 Locations @ 3 Days Each Location 60 06/08/23 08/31/23 10 ITS-TP-160
Install TIRTL & 334 Cabinet Foundations, Set Equipment 20 Locations @ 2 Days Each Location 40 08/18/23 10/16/23 10 ITS-TP-161
Pull Conductors and Terminate All locations and Ramps @ 2 Days Each Location 48 10/02/23 12/12/23 10 ITS-TP-170
Splice FO Conduit - 14 Vault Locations @ 1 Day Each 14 12/26/23 01/16/24 2 ITS-TP-171
Test, Start Up - All locations and Ramps 24 locations @ 2 day Each 50 01/05/24 03/19/24 0 ITS-TP-172
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CM NTP October 3, 2022
Constructability Review & Advertise & Award CIVIL Contract
CIVIL Contract NTP - Start Construction WD#480
CIVIL Construction Duration (WD 480+ 190 -1 = END WD# 669 December 11, 2023)
ITS Construction Works (Start 6/8/23 WD#543 // End 3/19/24 WD #735)
Start 2-Year ITS Operations and Maintenance Period
Submittals, Permits, Environmetal (SWPPP)
Close HOV Lane with Temp Construction Barriers
Sawcut and Remove Existing Pavement
Build Out Shoulder Gore Area
Ramp Metering - Install Loops, Relocate Foundations
Relocate Ramp Metering System and Signs, Construct Guard Rail
Restripe Gore Shoulder Lane Line
Open HOV Lane, Close Right Lane with Barriers from STG 1
Relocate Ramp Metering System, Install new 334 Cabinet, Construct Guard Rail
Install Zone Loop Detectors
Restripe Gore shoulder Lane
Shift Mainline, Install Barrier, Maintain Ramp Access
Rancho California - Construct Retaining Wall
Construct Parial NB Direct On Ramp
Ramp Metering - Install Loops, Flashin Beason, Install New 334 Cabinet w/ 2070 Controller
Construct NB Loop Adjacent to Mainline and NB Direct Merge to Main Line + CB Type 60
Construct Zone Detectors, Mid Queue Detectors, Carpool Detectors at Loop and Direct Ramps
Close Rt Shoulder Direct Ramp + Right Lane Loop Ramp
Excavate /Cut back Slope
Construct 2nd Lane and Right Shoulder
Ramp Metering - Install Loops, Relocate Foundations, Install New 334 Cabinet w/ 2070 Controller
Close Lt Shoulder Direct Ramp and Left Lane Loop Ramp
Construct Merge Area to Mainline for Direct Ramp
Construct Zone Detectors, Mid Queue Detectors and Back Queue Dectectors in Travel Lane
Construct Remaining Ramp Merge to Main Line
Temecula Parkway On Ramp- Install Conduit & Pull Boxes
Install TIRTL & 334 Foundations, Set Equipment
Rancho California On Ramp - Install Conduit & Pull Boxes
Rancho California On Ramps - Install TIRTL & 334 Foundations, Set Equipment
Winchester Road - Install TIRTL System w/ New 334 Cabinet to FO Backbone (2 Loc)
Winchester Road - Install TIRTL & 334 Foundations, Set Equipment
Install FO Conduit & Pull Boxes at 20 Locations @ 3 Days Each Location
Install TIRTL & 334 Cabinet Foundations, Set Equipment 20 Locations @ 2 Days Each Location
Pull Conductors and Terminate All locations and Ramps @ 2 Days Each Location
Splice FO Conduit - 14 Vault Locations @ 1 Day Each
Test, Start Up - All locations and Ramps 24 locations @ 2 day Each
Start Date: 10/03/22Finish Date: 03/19/24Data Date: 10/03/22Run Date: 07/01/22
1-15 SMART CPM Schedule.ppx Page 1A
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
INTERSTATE 15 SMART FREEWAY IMPROVEMENT PROJECT
PROJECT CPM SCHEDULE
Anser AdvisoryRIVERSIDE COUNTY TRANSPORTATION COMMISSION
INTERSTATE 15 SMART FREEWAY IMPROVEMENTS PROJECT 16 |
C. PROJECT UNDERSTANDING & APPROACH
Figure 4.1 - CPM Schedule
Anser Advisory17 |
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EXHIBIT C-1
EXHIBIT “C”
COMPENSATION PROVISIONS
[attached behind this page]
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FIRM PROJECT TASKS/ROLE COST
Anser Advisory Construction Management Services $ 1,003,621
Leighton Material Testing $ 107,535
Dynamic Engineering Services Electrical Inspection $ 408,155
STC Traffic, Inc.ITS Inspection/Comissioning $ 405,730
CL Surveying & Mapping Project Survey $ 115,467
Ultrasystems Environmental Environmental Compliance 31,702$
$ 2,072,210TOTAL COSTS
1 Commission authorization pertains to total contract award amount. Compensation adjustments between consultants may occur;
however, the maximum total compensation authorized may not be exceeded.
EXHIBIT "C"
Prime Consultant:
Sub Consultants:
COMPENSATION SUMMARY1
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EXHIBIT "D"
FEDERAL DEPARTMENT OF TRANSPORTATION
FHWA AND CALTRANS REQUIREMENTS
[attached behind this page]
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1. STATEMENT OF COMPLIANCE.
A. Consultant’s signature affixed herein shall constitute a certification under penalty of
perjury under the laws of the State of California that CONSULTANT has, unless
exempt, complied with, the nondiscrimination program requirements of Government
Code Section 12990 and Title 2, California Administrative Code, Section 8103.
B. During the performance of this Agreement, Consultant and its subconsultants shall
not unlawfully discriminate, harass, or allow harassment against any employee or
applicant for employment because of sex, race, color, ancestry, religious creed, national
origin, physical disability (including HIV and AIDS), mental disability, medical condition
(e.g., cancer), age (over 40), marital status, and denial of family care leave. Consultant
and subconsultants shall insure that the evaluation and treatment of their employees
and applicants for employment are free from such discrimination and harassment.
Consultant and subconsultants shall comply with the provisions of the Fair Employment
and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations
promulgated there under (California Code of Regulations, Title 2, Section 7285 et seq.).
The applicable regulations of the Fair Employment and Housing Commission
implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4
of Title 2 of the California Code of Regulations, are incorporated into this Agreement by
reference and made a part hereof as if set forth in full. Consultant and its
subconsultants shall give written notice of their obligations under this clause to labor
organizations with which they have a collective bargaining or other Agreement.
C. If this Agreement is federally funded, the Consultant shall comply with regulations
relative to Title VI (nondiscrimination in federally-assisted programs of the Department
of Transportation – Title 49 Code of Federal Regulations, Part 21 - Effectuation of Title
VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance
will implement and maintain a policy of nondiscrimination in which no person in the state
of California shall, on the basis of race, color, national origin, religion, sex, age,
disability, be excluded from participation in, denied the benefits of or subject to
discrimination under any program or activity by the recipients of federal assistance or
their assignees and successors in interest.
D. If this Agreement is federally funded, the Consultant, with regard to the work
performed by it during the Agreement shall act in accordance with Title VI. Specifically,
the Consultant shall not discriminate on the basis of race, color, national origin, religion,
sex, age, or disability in the selection and retention of Subconsultants, including
procurement of materials and leases of equipment. The Consultant shall not participate
either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S.
DOT’s Regulations, including employment practices when the Agreement covers a
program whose goal is employment.
2. DEBARMENT AND SUSPENSION CERTIFICATION
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CONSULTANT’s signature affixed herein, shall constitute a certification under penalty of
perjury under the laws of the State of California, that CONSULTANT has complied with
Title 2 CFR, Part 180, “OMB Guidelines to Agencies on Government wide Debarment
and Suspension (nonprocurement)”, which certifies that he/she or any person
associated therewith in the capacity of owner, partner, director, officer, or manager, is
not currently under suspension, debarment, voluntary exclusion, or determination of
ineligibility by any federal agency; has not been suspended, debarred, voluntarily
excluded, or determined ineligible by any federal agency within the past three (3) years;
does not have a proposed debarment pending; and has not been indicted, convicted, or
had a civil judgment rendered against it by a court of competent jurisdiction in any
matter involving fraud or official misconduct within the past three (3) years. Any
exceptions to this certification must be disclosed to COMMISSION.
B. Exceptions will not necessarily result in denial of recommendation for award, but will
be considered in determining CONSULTANT responsibility. Disclosures must indicate to
whom exceptions apply, initiating agency, and dates of action.
C. Exceptions to the Federal Government Excluded Parties List System maintained by
the General Services Administration are to be determined by the Federal highway
Administration.
3. DISCRIMINATION
The Commission shall not discriminate on the basis of race, color, national origin, or sex
in the award and performance of any DOT-assisted contract or in the implementation of
the Caltrans DBE program or the requirements of 49 CFR Part 26. The Commission
shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure
nondiscrimination in the award and administration of DOT-assisted contracts.
Consultant or subcontractor shall not discriminate on the basis of race, color, national
origin, of sex in the performance of this Agreement. Consultant or subcontractor shall
carry out applicable requirements of 49 CFR Part 26 and the Caltrans DBE program in
the award and administration of DOT-assisted contracts, as further set forth below.
Failure by the Consultant or subcontractor to carry out these requirements is a material
breach of this Agreement, which may result in the termination of this Agreement or such
other remedy, as the Commission deems appropriate.
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4. PROMPT PAYMENT
Consultant agrees to pay each subcontractor under this prime contract for satisfactory
performance of its contract no later than 10 days from the receipt of each payment the
prime contractor receives from the Commission. Any delay or postponement of
payment from the above referenced time frame may occur only for good cause following
written approval of the Commission. This clause applies to both DBE and non-DBE
subcontractors.
5. RELEASE OF RETAINAGE
No retainage will be withheld by the Agency from progress payments due the prime
consultant. Retainage by the prime consultant or subconsultants is prohibited, and no
retainage will be held by the prime consultant from progress due subconsultants. Any
violation of this provision shall subject the violating prime consultant or subconsultants
to the penalties, sanctions, and other remedies specified in Section 7108.5 of the
California Business and Professions Code. This requirement shall not be construed to
limit or impair any contractual, administrative, or judicial remedies, otherwise available
to the prime consultant or subconsultant in the event of a dispute involving late payment
or nonpayment by the prime consultant or deficient subconsultant performance, or
noncompliance by a subconsultant. This provision applies to both DBE and non-DBE
prime consultants and subconsultants.
6. LEGAL REMEDIES
In addition to those contract remedies set forth under relevant provisions of California
law, either Party to this Agreement may, where applicable, seek legal redress for
violations of this Agreement pursuant to the relevant provisions of 49 C.F.R. Parts 23
and 26, to the relevant federal or state statutory provisions governing civil rights
violations, and to the relevant federal and state provisions governing false claims or
“whistleblower” actions, as well as any and all other applicable federal and state
provisions of law.
The Consultant shall include a provision to this effect in each of its agreements with its
subcontractors.
7. DBE PARTICIPATION
Caltrans has developed a statewide DBE program pursuant to 49 C.F.R. Part 26. The
requirements and procedures, as applicable, of the Caltrans DBE program are hereby
incorporated by reference into this Agreement. Even if no DBE participation will be
reported, Consultant shall complete Exhibits "E" of this Agreement in compliance with
the Caltrans DBE program, and a final utilization report in the form provided by the
Commission.
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A. This Agreement is subject to Title 49, Part 26 of the Code of Federal Regulations
entitled “Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs.” By obtaining DBE participation on this
Agreement, Consultant will assist Caltrans in meeting its federally mandated statewide
overall DBE goal.
B. This Agreement has a 22% DBE goal. The Consultant must meet the goal by
committing DBE participation or document a good faith effort to meet the goal. If a DBE
subconsultant is unable to perform, the Consultant must make a good faith effort to
replace him/her with another DBE subconsultant, if the goal is not otherwise met. A
DBE is a firm meeting the definition of a DBE as specified in 49 CFR.
C. DBE and other small businesses (SB), as defined in Title 49 CFR, Part 26 are
encouraged to participate in the performance of agreements financed in whole or in part
with federal funds. The Consultant, subrecipient or subconsultant shall not discriminate
on the basis of race, color, national origin, or sex in the performance of this Agreement.
The Consultant shall carry out applicable requirements of 49 CFR, Part 26 in the award
and administration of US DOT- assisted agreements. Failure by the contractor to carry
out these requirements is a material breach of this Agreement, which may result in the
termination of this Agreement or such other remedy as the Commission, Caltrans or the
Department of Transportation deems appropriate.
D. Any subcontract entered into as a result of this Agreement shall contain all of the
provisions of this section.
E. A DBE may be terminated only with prior written approval from the Commission
and only for the reasons specified in 49 CFR 26.53(f). Prior to requesting Commission
consent for the termination, the prime consultant must meet the procedural
requirements specified in 49 CFR 26.53(f).
8. DBE PARTICIPATION GENERAL INFORMATION
It is Consultant's responsibility to be fully informed regarding the requirements of 49
CFR, Part 26, and the Caltrans DBE program. Particular attention is directed to the
following:
A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be
certified through the California Unified Certification Program (CUCP).
B. A certified DBE may participate as a prime contractor, subcontractor, joint
venture partner, as a vendor of material or supplies, or as a trucking company.
C. A DBE joint-venture partner must be responsible for specific contract items of
work or clearly defined portions thereof. Responsibility means actually performing,
managing and supervising the work with its own forces. The DBE joint venture partner
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must share in the capital contribution, control, management, risks and profits of the
joint-venture commensurate with its ownership interest.
D. A DBE must perform a commercially useful function, pursuant to 49 CFR 26.55
that is, must be responsible for the execution of a distinct element of the work and must
carry out its responsibility by actually performing, managing and supervising the work,
as more fully described in section 8 below.
E. The Consultant shall list only one subcontractor for each portion of work as
defined in the Consultant's bid/proposal and all DBE subcontractors should be listed in
the Consultant's bid/cost proposal list of subcontractors.
F. A Consultant who is a certified DBE is eligible to claim all of the work in the
Agreement toward the DBE participation except that portion of the work to be performed
by non-DBE subcontractors.
9 . COMMERCIALLY USEFUL FUNCTION
A. A DBE performs a commercially useful function when it is responsible for
execution of the work of the Agreement and is carrying out its responsibilities by actually
performing, managing, and supervising the work involved. To perform a commercially
useful function, the DBE must also be responsible with respect to materials and
supplies used on the Agreement, for negotiating price, determining quality and quantity,
ordering the material, and installing (where applicable) and paying for the material itself.
To determine whether a DBE is performing a commercially useful function, evaluate the
amount of work subcontracted, industry practices; whether the amount the firm is to be
paid under the Agreement is commensurate with the work it is actually performing, and
other relevant factors.
B. A DBE does not perform a commercially useful function if its role is limited to that
of an extra participant in a transaction, Agreement, or project through which funds are
passed in order to obtain the appearance of DBE participation. In determining whether a
DBE is such an extra participant, examine similar transactions, particularly those in
which DBEs do not participate.
C. If a DBE does not perform or exercise responsibility for at least thirty percent of
the total cost of its Agreement with its own work force, or the DBE subcontracts a
greater portion of the work of the Agreement than would be expected on the basis of
normal industry practice for the type of work involved, it will be presumed that it is not
performing a commercially useful function.
10. DBE CERTIFICATION AND DE-CERTIFICATION STATUS
If a DBE subcontractor is decertified during the life of the Agreement, the decertified
subcontractor shall notify the Contractor in writing with the date of de-certification. If a
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subcontractor becomes a certified DBE during the life of the Agreement, the
subcontractor shall notify the Contractor in writing with the date of certification. Any
changes should be reported to the Commission’s Contract Administrator within 30 days.
11. DBE RECORDS
A. The Contractor shall maintain records of materials purchased and/or supplied
from all subcontracts entered into with certified DBEs. The records shall show the name
and business address of each DBE or vendor and the total dollar amount actually paid
each DBE or vendor, regardless of tier. The records shall show the date of payment and
the total dollar figure paid to all firms. DBE prime Contractors shall also show the date of
work performed by their own forces along with the corresponding dollar value of the
work.
In addition to all other requirements, Consultant shall complete and submit, on a
monthly basis, the Monthly DBE Payment form (Caltrans Exhibit 9-F of Chapter 9 of the
LAPM).
B. Upon completion of the Agreement, a summary of these records shall be
prepared and submitted on the most current version of the form entitled, “Final Report-
Utilization of Disadvantaged Business Enterprises (DBE),” CEM- 2402F (Exhibit 17-F in
Chapter 17 of the LAPM), certified correct by the Contractor or the Contractor’s
authorized representative and shall be furnished to the Commission’s Contract
Administrator with the final invoice. Failure to provide the summary of DBE payments
with the final invoice will result in twenty-five percent (25%) of the dollar value of the
invoice being withheld from payment until the form is submitted. The amount will be
returned to the Contractor when a satisfactory “Final Report Utilization of
Disadvantaged Business Enterprises (DBE)” is submitted to the Commission’s Contract
Administrator.
a. Prior to the fifteenth of each month, the Contractor shall submit documentation to
the Commission’s Contract Administrator showing the amount paid to DBE trucking
companies. The Contractor shall also obtain and submit documentation to the
Commission’s Contract Administrator showing the amount paid by DBE trucking
companies to all firms, including owner-operators, for the leasing of trucks. If the DBE
leases trucks from a non-DBE, the Contractor may count only the fee or commission the
DBE receives as a result of the lease arrangement.
b. The Contractor shall also submit to the Commission’s Contract Administrator
documentation showing the truck number, name of owner, California Highway Patrol CA
number, and if applicable, the DBE certification number of the truck owner for all trucks
used during that month. This documentation shall be submitted on the Caltrans
”Monthly DBE Trucking Verification,” CEM-2404(F) form provided to the Contractor by
the Commission’s Contract Administrator.
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12. REPORTING MATERIAL OR SUPPLIES PURCHASED FROM DBEs
When Reporting DBE Participation, Material or Supplies purchased from DBEs may
count as follows:
A. If the materials or supplies are obtained from a DBE manufacturer, 100 % of the
cost of the materials or supplies will count toward the DBE participation. A DBE
manufacturer is a firm that operates or maintains a factory or establishment that
produces on the premises, the materials, supplies, articles, or equipment required under
the Agreement and of the general character described by the specifications.
B. If the materials or supplies purchased from a DBE regular dealer, count 60 % of
the cost of the materials or supplies toward DBE goals. A DBE regular dealer is a firm
that owns, operates or maintains a store, warehouse, or other establishment in which
the materials, supplies, articles or equipment of the general character described by the
specifications and required under the Agreement, are bought, kept in stock, and
regularly sold or leased to the public in the usual course of business. To be a DBE
regular dealer, the firm must be an established, regular business that engages, as its
principal business and under its own name, in the purchase and sale or lease of the
products in question. A person may be a DBE regular dealer in such bulk items as
petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or
maintaining a place of business provided in this section.
C. If the person both owns and operates distribution equipment for the products, any
supplementing of regular dealers’ own distribution equipment, shall be by a long-term
lease agreement and not an ad hoc or Agreement-by-Agreement basis. Packagers,
brokers, manufacturers’ representatives, or other persons who arrange or expedite
transactions are not DBE regular dealers within the meaning of this section.
D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor
a regular dealer, will be limited to the entire amount of fees or commissions charged for
assistance in the procurement of the materials and supplies, or fees or transportation
charges for the delivery of materials or supplies required on the job site, provided the
fees are reasonable and not excessive as compared with fees charged for similar
services.
13. REPORTING PARTICIPATION OF DBE TRUCKING COMPANIES
When Reporting DBE Participation, Participation of DBE trucking companies may count
as follows:
A. The DBE must be responsible for the management and supervision of the entire
trucking operation for which it is responsible.
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B. The DBE must itself own and operate at least one fully licensed, insure, and
operational truck used on the Agreement.
C. The DBE receives credit for the total value of the transportation services it
provides on the Agreement using trucks it owns, insures, and operates using drivers it
employs.
D. The DBE may lease trucks from another DBE firm including an owner-operator
who is certified as a DBE. The DBE who leases trucks from another DBE receives credit
for the total value of the transportation services the lessee DBE provides on the
Agreement.
E. The DBE may also lease trucks from a non-DBE firm, including an owner-
operator. The DBE who leases trucks from a non-DBE is entitled to credit only for the
fee or commission it receives as a result of the lease arrangement. The DBE does not
receive credit for the total value of the transportation services provided by the lessee,
since these services are not provided by the DBE.
F. For the purposes of this section, a lease must indicate that the DBE has
exclusive use and control over the truck. This does not preclude the leased truck from
working for others during the term of the lease with the consent of the DBE, as long as
the lease gives the DBE absolute priority for use of the leased truck. Leased trucks
must display the name and identification number of the DBE.
14. DEBARMENT, SUSPENSION AND OTHER INELIGIBILITY AND VOLUNTARY
EXCLUSION
In accordance with 49 CFR Part 29, which by this reference is incorporated herein,
Consultant’s subconsultants completed and submitted the Certificate of subconsultant
Regarding Debarment, Suspension and Other Ineligibility and Voluntary Exclusion as
part of the Consultant’s proposal. If it is later determined that Consultant’s
subconsultants knowingly rendered an erroneous Certificate, the Commission may,
among other remedies, terminate this Agreement.
15. ENVIRONMENTAL COMPLIANCE
A. Compliance with all applicable standards, orders, or requirements issued under
section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water
Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency
regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in
excess of $100,000).
B. Mandatory standards and policies relating to energy efficiency which are contained
in the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Pub. L. 94-163, 89 Stat. 871).
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16. NATIONAL LABOR RELATIONS BOARD CERTIFICATION
In accordance with Public Contract Code Section 10296, and by signing this
Agreement, Consultant certifies under penalty of perjury that no more than one final
unappealable finding of contempt of court by a federal court has been issued against
Consultant within the immediately preceding two-year period, because of Consultant’s
failure to comply with an order of a federal court that orders Consultant to comply with
an order of the National Labor Relations Board.
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17336.03400\31233218.1
EXHIBIT “E”
CONSULTANT DBE COMMITMENT
[attached behind this page]
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17336.03400\31233218.1
Consultant to Complete this Section
1. Local Agency Name: ________________________________________________________________________________________
2. Project Location: ___________________________________________________________________________________________
3. Project Description: _________________________________________________________________________________________
4. Consultant Name: __________________________________________________________________________________________
5. Contract DBE Goal %: ________________
DBE Commitment Information
6. Description of Services to be Provided 7. DBE Firm
Contact Information 8. DBE Cert.
Number 9. DBE %
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EXHIBIT “F”
DISCLOSURE OF LOBBYING ACTIVITIES
[attached behind this page]
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Local Assistance Procedures Manual EXHBIT 10-Q
Disclosure of Lobbying Activities
Page 1
LPP 13-01 May 8, 2013
EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract a. bid/offer/application a. initial
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year ____ quarter _________
f. loan insurance date of last report __________
4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee,
Enter Name and Address of Prime:
Prime Subawardee
Tier _______ , if known
Congressional District, if known Congressional District, if known
6. Federal Department/Agency:7. Federal Program Name/Description:
CFDA Number, if applicable ____________________
8.Federal Action Number, if known:9.Award Amount, if known:
10.Name and Address of Lobby Entity 11.Individuals Performing Services
(If individual, last name, first name, MI)(including address if different from No. 10)
(last name, first name, MI)
(attach Continuation Sheet(s) if necessary)
12.Amount of Payment (check all that apply)14.Type of Payment (check all that apply)
$ _____________ actual planned a. retainer
b. one-time fee
13.Form of Payment (check all that apply):c. commission
a. cash d. contingent fee
b. in-kind; specify: nature _______________e deferred
Value _____________ f. other, specify _________________________
15.Brief Description of Services Performed or to be performed and Date(s) of Service, including
officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12:
(attach Continuation Sheet(s) if necessary)
16.Continuation Sheet(s) attached: Yes No
17.Information requested through this form is authorized by Title
31 U.S.C. Section 1352. This disclosure of lobbying reliance
was placed by the tier above when his transaction was made or
entered into. This disclosure is required pursuant to 31 U.S.C.
1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any
person who fails to file the required disclosure shall be subject
to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Signature: ________________________________________
Print Name: _______________________________________
Title: ____________________________________________
Telephone No.: ____________________ Date: ___________
Authorized for Local Reproduction
Federal Use Only:Standard Form - LLL
Standard Form LLL Rev. 04-28-06
Distribution: Orig- Local Agency Project Files
NOT APPLICABLE TO
ANSER ADVISORY
MANAGEMENT, LLC
EXHIBIT K - 1
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AWARD CONSTRUCTION MANAGEMENT FOR
I-15 SMART FREEWAY PROJECT
Riverside County Transportation Commission
October 24, 2022
Bryce Johnston, Senior Capital Projects Manager
1
Project Overview
Project Limits
8-miles of northbound I-15, County Line
to 15/215 “Split”
Project Scope
Coordinated Adaptive Ramp Metering at 3
on-ramps
Temecula Pkwy
Rancho California Rd.
Winchester Rd.
Project Schedule
95% Design currently under review by
Caltrans
2
Construction Management Agreement
(Anser Advisory Management)
3
Anser Advisory Management to provide construction management (CM),
materials testing, construction surveying and environmental monitoring
services.
$2,072,210 plus a contingency amount of $207,221 for a total amount not
to exceed $2,279,431.
Schedule
4
CONSTRUCTION MANAGEMENT
Jul 13, 2022 –RFQ Received
Aug 02, 2022 –Interview Conducted
Oct 24, 2022 –Committee
Recommendation of Selection
Nov 09, 2022 –Commission Approval
CONSTRUCTION
Late 2022 Advertise Civil works
Early 2023 Advertise ITS works
Staff Recommendations
5
Award Agreement No.22-31-098-00 to Anser Advisory Management for
construction management services,for the Interstate 15 SMART Freeway
Improvements Project in the amount of $2,072,210,plus a contingency
amount of $207,221,for a total amount not to exceed $2,279,431;
Authorize the Chair or Executive Director,pursuant to legal counsel review,
to finalize and execute the agreement,on behalf of the Commission;
Authorize the Executive Director,or designee,to approve contingency
work up to the total not to exceed amount as required for these services;
Forward to the Commission for final action.
QUESTIONS
6
AGENDA ITEM 8
Agenda Item 8
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: October 24, 2022
TO: Western Riverside County Programs and Projects Committee
FROM: Eric DeHate, Transit Manager
THROUGH: Lorelle Moe-Luna, Multimodal Services Director
SUBJECT: Amendment to City of Banning’s Fiscal Year 2022/23 Short Range Transit Plan
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Approve a $550,000 increase in the Fiscal Year 2022/23 State Transit Assistance (STA)
funding allocation for the city of Banning (City);
2) Amend the City’s FY 2022/23 Short Range Transit Plan (SRTP) to increase the STA
allocation in the amount of $550,000 for Project No. 23-01 “Bus Replacement;” and
3) Forward to the Commission for final action.
BACKGROUND INFORMATION:
During the development of the FY 2022/23 SRTP, the City requested $550,000 of STA funds to
purchase two (2) replacement buses and two (2) relief vehicles. STA funds are the primary source
of Transportation Development Act funds that are typically used for capital purposes. These
funds are derived from a portion of sales taxes on fuel and diesel fuel. After the Commission
approved the SRTPs in June 2022, the City began pursuing the purchase of the replacement
vehicles. However, with supply chain challenges, chassis availability, and increases in
procurement lead times, the City determined that they would need to advance the purchase of
one more replacement bus planned in FY 2023/24 to FY 2022/23 in order to not impact its transit
services.
The City has submitted an amendment (Attachment 1) to its FY 2022/23 SRTP and is requesting
an increase of $550,000 in state STA to advance the additional bus. This would increase the total
project cost for Project 23-01 “Bus Replacement” from $550,000 to $1,100,000. As of the writing
of this staff report, City staff anticipates approval from their council on October 11, 2022. Staff
has reviewed the request and recommends approval of the $550,000 STA allocation and
amendment of the City’s FY 2022/23 SRTP to reflect the additional funding.
FISCAL IMPACT:
There is no additional fiscal impact for the additional $550,000 in STA for the FY 2022/23 budget
as STA adjustments for transit operators were anticipated and budgeted.
87
Agenda Item 8
Financial Information
In Fiscal Year Budget: Yes Years: FY 2022/23 Amount: $550,000
Source of Funds: STA Western Riverside County Bus Budget Adjustment: No
GLA No.: 002221 86102 00000 0000 242 62 86102
Fiscal Procedures Approved:
Date: 10/12/20222
Attachment: City of Banning’s FY 2022/23 SRTP Amendment 1
88
99 E. Ramsey St. • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3130 • Fax (951) 922-3141
August 30, 2022
Ms. Anne Mayer
Executive Director
Riverside County Transportation Commission
4080 Lemon Street, 3rd Floor
Riverside, CA 92502
Re: FY 2022/2023 SRTP Table 4 Adjustment
Dear Ms. Mayer,
The purpose of this letter is to respectfully request Riverside County Transportation
Commission’s (RCTC) consideration of the City of Banning’s (City) request for an
adjustment to its FY 2022/23 Table 4: Summary of Funds Requested for FY2022/23 to
reflect the following changes:
• Increase STA funding from $550,000 to $1,100,000 to purchase an additional
transit bus in FY 2022/23. Subsequently, FY 2023/24 programmed STA funds will
be reduced by $550,000 as the vehicle purchase scheduled for FY 2023/24 will
now take place in FY 2022/23.
• See Table 4 on the following page for details of funding.
The request to move the FY 2023/24 programmed STA funds to FY 2022/23 will allow
the City to purchase an additional transit bus this fiscal year. This request is necessary in
order to combat ongoing supply chain challenges, chassis availability, and an increase
in lead times associated with vehicle purchases. Including FY 2023/24 bus replacement
funds into the City’s FY 2022/23 bus purchase will help to ensure a timely delivery of all
vehicles with minimal impact to service.
Sincerely,
Art Vela,
Director of Public Works
Cc: Eric DeHate, Transit Manager
Stephanie Sirls, Transit Manager
City of Banning
Public Works Department
89
Table 4.0 - Summary of Funding Requests - FY 2022/23
City of Banning
Original
Operating
FARE LTF SGR PUC99313 SGR PUC99314 STA PUC99313 STA PUC99314ProjectTotal Amount
of Funds
Operating Assistance - Prev. Maint.$39,903 $22,754 $2,149 $15,000
Operating Assistance (BUS) (FY 2022/23)$1,745,000 $55,000 $1,690,000
Operating Assistance (DAR) (FY 2022/23)$182,000 $5,500 $176,500
Sub-total Operating $1,966,903 $60,500 $1,866,500 $22,754 $2,149 $15,000 $0
Capital
FARE LTF SGR PUC99313 SGR PUC99314 STA PUC99313 STA PUC99314ProjectTotal Amount
of Funds
Bus Replacement - 23-01 $550,000 $536,564 $13,436
Bus Stop Improvements - 23-03 $150,000 $150,000
CNG Rehabilitation - 23-02 $1,750,000 $1,750,000
Heavy Duty Hydraulic Lift Replacement - 23-05 $100,000 $100,000
Paratransit Scheduling Software - 23-04 $30,000 $30,000
Sub-total Capital $2,580,000 $0 $0 $0 $0 $2,566,564 $13,436
Total Operating & Capital $4,546,903 $60,500 $1,866,500 $22,754 $2,149 $2,581,564 $13,436
FY 2022/23 Projected Funding Details
FARE $60,500
LTF $1,866,500
SGR PUC99313 $22,754
SGR PUC99314 $2,149
STA PUC99313 $15,000
Total Estimated Operating Funding Request $1,966,903
STA PUC99313 $2,566,564
STA PUC99314 $13,436
Total Estimated Capital Funding Request $2,580,000
Total Funding Request $4,546,903
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10/6/2022 16:26:55 ET 90
FY 2022/23 SRTP
City of Banning
Table 4.0 A - Capital Project Justification
Original
Project Number: 23-01 FTIP No: Not Assigned - New Project
Project Name: Bus Replacement
Category: Bus
Sub-Category: Replacement
Fuel Type: CNG
Project Description: Replace 2 buses and two (2) relief vehicles
Project Justification: Replace 2 buses that are beyond their useful life along with two relief vehicles utilized by the Transit
Field Supervisor
Project Schedule:
Start Date Completion Date
July 2022 June 2027
PROJECT FUNDING SOURCES (REQUESTED):
Fund Type Fiscal Year Amount
STA PUC99313 FY 2022/23 $536,564
STA PUC99314 FY 2022/23 $13,436
Total $550,000
PRIOR YEAR PROJECTS OF A SIMILAR NATURE WITH UNEXPENDED BALANCE INCLUDING PROJECTS
APPROVED BUT NOT YET ORDERED
FTA Grant No.FTIP ID No.RCTC/SRTP
Project No.
Description
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4/20/2022 10:27:37 ET 91
Table 4.0 - Summary of Funding Requests - FY 2022/23
City of Banning
Amendment # 1
Operating
FARE LTF SGR PUC99313 SGR PUC99314 STA PUC99313 STA PUC99314ProjectTotal Amount
of Funds
Operating Assistance - Prev. Maint.$39,903 $22,754 $2,149 $15,000
Operating Assistance (BUS) (FY 2022/23)$1,745,000 $55,000 $1,690,000
Operating Assistance (DAR) (FY 2022/23)$182,000 $5,500 $176,500
Sub-total Operating $1,966,903 $60,500 $1,866,500 $22,754 $2,149 $15,000 $0
Capital
FARE LTF SGR PUC99313 SGR PUC99314 STA PUC99313 STA PUC99314ProjectTotal Amount
of Funds
Bus Replacement - 23-01 $1,100,000 $1,086,564 $13,436
Bus Stop Improvements - 23-03 $150,000 $150,000
CNG Rehabilitation - 23-02 $1,750,000 $1,750,000
Heavy Duty Hydraulic Lift Replacement - 23-05 $100,000 $100,000
Paratransit Scheduling Software - 23-04 $30,000 $30,000
Sub-total Capital $3,130,000 $0 $0 $0 $0 $3,116,564 $13,436
Total Operating & Capital $5,096,903 $60,500 $1,866,500 $22,754 $2,149 $3,131,564 $13,436
FY 2022/23 Projected Funding Details
FARE $60,500
LTF $1,866,500
SGR PUC99313 $22,754
SGR PUC99314 $2,149
STA PUC99313 $15,000
Total Estimated Operating Funding Request $1,966,903
STA PUC99313 $3,116,564
STA PUC99314 $13,436
Total Estimated Capital Funding Request $3,130,000
Total Funding Request $5,096,903
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FY 2022/23 SRTP
City of Banning
Table 4.0 A - Capital Project Justification
Amendment # 1
Project Number: 23-01 FTIP No: Not Assigned - New Project
Project Name: Bus Replacement
Category: Bus
Sub-Category: Replacement
Fuel Type: CNG
Project Description: Replace three (3) buses and two (2) relief vehicles
Project Justification: Replace three buses that are beyond their useful life along with two relief vehicles utilized by the
Transit Field Supervisor
Project Schedule:
Start Date Completion Date
PROJECT FUNDING SOURCES (REQUESTED):
Fund Type Fiscal Year Amount
STA PUC99313 FY 2022/23 $1,086,564
STA PUC99314 FY 2022/23 $13,436
Total $1,100,000
PRIOR YEAR PROJECTS OF A SIMILAR NATURE WITH UNEXPENDED BALANCE INCLUDING PROJECTS
APPROVED BUT NOT YET ORDERED
FTA Grant No.FTIP ID No.RCTC/SRTP
Project No.
Description
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10/10/2022 14:51:20 ET 93
AMENDMENT TO CITY OF
BANNING’S FY 2022/23 SHORT
RANGE TRANSIT PLAN
Eric DeHate, Transit Manager
1
Western Riverside County Programs and
Projects Committee
October 24, 2022
Background Information
2
•FY 2022/23 SRTP State Transit Assistance (STA) Bus
Replacement Request
–$550,000 original request
–Two (2) buses and two (2) relief vehicles
–STA is typically for capital purposes
•City staff began the pursuing its replacements
–Supply chain issues, chassis availability, and increases in
procurement lead times
•City is requesting to advance $550,000 for another bus
purchase in FY 2022/23
OCTOBER 24, 2022
Staff Recommendations
3
1)Approve a $550,000 increase in the FY 2022/23 STA funding allocation
for the City ;
2)Amend the City’s FY 2022/23 SRTP to increase the STA allocation in
the amount of $550,000 for Project No.23-01 “Bus Replacement;”and
3)Forward to the Commission for final action.
OCTOBER 24, 2022
QUESTIONS
4
TO: Riverside County Transportation Commission
FROM: Lisa Mobley, Clerk of the Board
DATE: October 18, 2022
SUBJECT: G.C. 84308 Compliance – Potential Conflict of Interest
California Government Code 84308 states a Commissioner 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 a bidder or bidder’s agent.
This prohibition does not apply to the awarding of contracts that are competitively bid. The
Commission’s procurement division asks potential vendors to disclose any contributions made to
the campaigns of any Commissioner as part of their submitted bid packets. As an additional
precaution, those entities are included below in an effort to give Commissioners opportunity to
review their campaign statements for potential conflicts. Please note the entities listed in this
memo are not encompassing of all potential conflicts and are in addition to any personal conflicts
of interest such as those disclosed on Statement of Economic Interests – Form 700 or prohibited
by Government Code Section 1090. Please contact me should you have any questions.
Agenda Item No. 7 - Agreement for Construction Management Services, Materials Testing, and
Construction Surveying for the Interstate 15 SMART Freeway Improvements Project
Consultant(s): Anser Advisory Management, LLC
Craig Halvorson, Regional Managing Director EVP
2677 N. Main Street, Suite 400
Santa Ana, CA 92705
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS
COMMITTEE
ROLL CALL
OCTOBER 24, 2022
Present Absent
County of Riverside, District I X
County of Riverside, District II X
County of Riverside, District V X
City of Corona X
City of Eastvale X
City of Hemet X
City of Jurupa Valley X
City of Menifee X
City of Moreno Valley X
City of Norco X
City of Perris X
City of Wildomar X