HomeMy Public PortalAbout01 January 22, 2024 Western Riverside County Programs and Projects
MEETING AGENDA
Western Riverside County Programs and Projects Committee
Time: 1:30 p.m.
Date: January 22, 2024
Location: BOARD ROOM - County of Riverside Administration Center
4080 Lemon St, First Floor, Riverside, CA 92501
TELECONFERENCE SITE
LARGE CONFERENCE ROOM – French Valley Airport
37600 Sky Canyon Drive, Murrieta, CA 92563
COMMITTEE MEMBERS
Brian Berkson, Chair/Armando Carmona, City of Jurupa Valley
Wes Speake, Vice Chair / Jim Steiner, City of Corona
Sheri Flynn / Rick Minjares, City of Banning
Clint Lorimore / Todd Rigby, City of Eastvale
Linda Krupa / Malcolm Lilienthal, City of Hemet
Bill Zimmerman / Dean Deines, City of Menifee
Berwin Hanna / Katherine Aleman, City of Norco
Michael Vargas / Rita Rogers, City of Perris
Chuck Conder / Patricia Lock Dawson, City of Riverside
Joseph Morabito, / Ashlee DePhillippo, City of Wildomar
Kevin Jeffries, County of Riverside, District I
Karen Spiegel, County of Riverside, District II
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, January22, 2024
BOARD ROOM
County Administrative Center
4080 Lemon Street, First Floor
Riverside, California
TELECONFERENCE SITE
LARGE CONFERENCE ROOM
French Valley Airport
37600 Sky Canyon Drive
Murrieta, California
In compliance with the Brown Act and Government Code Section 54957.5, agenda materials distributed 72
hours prior to the meeting, which are public records relating to open session agenda items, will be available for
inspection by members of the public prior to the meeting at the Commission office, 4080 Lemon Street, Third
Floor, Riverside, CA, and on the Commission’s website, www.rctc.org.
In compliance with the Americans with Disabilities Act, Government Code Section 54954.2, 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 Commission 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.
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
Western Riverside County Programs and Projects Committee
January 22, 2024
Page 2
4. PUBLIC COMMENTS – Each individual speaker is limited to speak three (3) continuous minutes
or less. The Committee may, either at the direction of the Chair or by majority vote of the
Committee, waive this three minute time limitation. Depending on the number of items on the
Agenda and the number of speakers, the Chair may, at his/her discretion, reduce the time of
each speaker to two (2) continuous minutes. Also, the Committee may terminate public
comments if such comments become repetitious. In addition, the maximum time for public
comment for any individual item or topic is thirty (30) minutes. Speakers may not yield their
time to others without the consent of the Chair. Any written documents to be distributed or
presented to the Committee shall be submitted to the Clerk of the Board. This policy applies
to Public Comments and comments on Agenda Items.
Under the Brown Act, the Board should not take action on or discuss matters raised during
public comment portion of the agenda which are not listed on the agenda. Board members
may refer such matters to staff for factual information or to be placed on the subsequent
agenda for consideration.
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 – NOVEMBER 27, 2023
Page 1
7. FISCAL YEARS 2024/25 – 2026/27 MEASURE A SPECIALIZED TRANSIT CALL FOR PROJECTS
PROGRAM GUIDELINES
Page 10
Overview
This item is for the Committee to recommend the Commission take the following action(s):
1) Approve the Fiscal Years 2024/25 – 2026/27 Measure A Specialized Transit Program
Guidelines; and
2) Direct staff to release the FYs 2024/25 – 2026/27 Measure A Specialized Transit Call
for Projects for $13,127,000 for Western Riverside County (Western County) on
February 14, 2024.
Western Riverside County Programs and Projects Committee
January 22, 2024
Page 3
8. AMENDMENT TO AGREEMENT WITH NOSSAMAN LLP FOR ON-CALL STRATEGIC
PARTNERSHIP ADVISOR SERVICES FOR THE INTERSTATE 15 EXPRESS LANES PROJECT
SOUTHERN EXTENSION
Page 37
Overview
This item is for the Committee to recommend the Commission take the following action(s):
1) Approve Agreement No. 06-66-028-16, Amendment No. 13 to Agreement
No. 06-66-028-00, with Nossaman LLP (Nossaman) for the on-call strategic partnership
advisor services to support the Interstate 15 Express Lanes Project Southern Extension
(I-15 ELPSE), extend the contract term to December 31, 2030, and augment the
agreement in the amount of $3,030,508, plus a contingency amount of $350,000, for
an additional amount of $3,380,508 for a total amount not to exceed $19,383,443;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute
the agreement on behalf of the Commission; and
3) Authorize the Executive Director or designee to approve the use of the contingency
amount as may be required for the project.
9. AGREEMENT FOR PLANS, SPECIFICATIONS, & ESTIMATES FOR THE INTERSTATE 15 FRANKLIN
STREET INTERCHANGE PROJECT
Page 52
Overview
This item is for the Committee to recommend the Commission take the following action(s):
1) Award Agreement No. 24-72-028-00 to HDR Engineering Inc. for plans, specifications,
& estimates (PS&E) for the Interstate 15 Franklin Street Interchange Project in the
amount of $8,759,405, plus a contingency amount of $875,941, for a total amount not
to exceed $9,635,346;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to finalize
and execute the agreement, on behalf of the Commission; and
3) Authorize the Executive Director, or designee, to approve contingency work up to the
total not to exceed amount as required for these services.
Western Riverside County Programs and Projects Committee
January 22, 2024
Page 4
10. INTERSTATE 15/STATE ROUTE 91 EXPRESS LANES CONNECTOR PROJECT DESIGN-BUILD
CONTRACT FINAL ACCEPTANCE
Page 158
Overview
This item is for the Committee to recommend the Commission take the following action(s):
1) Authorize Final Acceptance for the Interstate 15/State Route 91 Express Lanes
Connector Project (15/91 ELC or Project) Design-Build Contract, Agreement
No. 19-31-074-00, with Myers-Rados, a Joint Venture, subject to the Executive
Director’s verification that all contract requirements for Final Acceptance have been
met.
11. ELECTION OF OFFICERS FOR THE WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS
COMMITTEE
Page 161
Overview
This item is for the Committee to recommend the Commission take the following action(s):
1) Conduct an election of officers for 2024 – Chair and Vice Chair.
12. EXECUTIVE DIRECTOR REPORT
13. COMMISSIONER COMMENTS
Overview
This item provides the opportunity for brief announcements or comments on items or matters
of general interest.
14. ADJOURNMENT
The next Western Riverside County Programs and Projects Committee meeting is scheduled
to be held at 1:30 p.m., Monday, February 26, 2024.
AGENDA ITEM 6A
MINUTES
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE
Monday, November 27, 2023
MINUTES
1.CALL TO ORDER
The meeting of the Western Riverside County Programs and Projects Committee was
called to order by Chair Brian Berkson at 1:31 p.m. Teleconference site: Large Conference
Room, French Valley Airport, 37600 Sky Canyon Drive, Murrieta, CA.
2.ROLL CALL
Members/Alternates Present Members Absent
Brian Berkson
Chuck Conder
Sheri Flynn
Berwin Hanna
Kevin Jeffries
Linda Krupa
Clint Lorimore
Joseph Morabito
Wes Speake
Karen Spiegel
Michael Vargas*
Bill Zimmerman**
*Arrived after the meeting was called to order.
**Joined the meeting at French Valley.
3.PLEDGE OF ALLEGIANCE
Anne Mayer, Executive Director, led the Western Riverside County Programs and Projects
Committee in a flag salute.
4.PUBLIC COMMENTS
There were no requests to speak from the public.
5.ADDITIONS/REVISIONS
There were no additions or revisions to the agenda.
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M/S/C (Speake/Krupa) to approve the following Consent Calendar item(s):
6A. APPROVAL OF MINUTES – AUGUST 28, 2023
6B. AGREEMENT FOR JANITORIAL SERVICES FOR THE COMMUTER RAIL STATIONS
AND TOLL FACILITIES
1) Award Agreement No. 24-24-005-00 to Ultimate Maintenance Services,
Inc. to provide janitorial services for the Commuter Rail stations and toll
facilities for a three-year term, and one, two-year option to extend the
agreement, in the amount of $1,057,345, plus a contingency amount of
$105,735, for a total amount not to exceed $1,163,080;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review,
to execute the agreement on behalf of the Commission; and
3) Authorize the Executive Director, or designee, to approve the use of the
contingency amount as may be required for these services.
At this time, Commissioner Michael Vargas joined the meeting.
7. AGREEMENT FOR PROJECT AND CONSTRUCTION MANAGEMENT SERVICES FOR THE
INTERSTATE 15 EXPRESS LANES PROJECT SOUTHERN EXTENSION
Jeff Dietzler, Capital Projects Manager, presented the project construction and
management (PCM) services agreement for Interstate 15 Express Lanes Project Southern
Extension (ELPSE), highlighting the following:
• Project scope
o Dual Express Lanes in median
o Limits: Cajalco Road to State Route 74
o $650 million total capital cost
• Current ELPSE project schedule
• Discussed and approved at the March 27, 2023 Interstate 15 Ad Hoc Committee
o Initiate an Investment Grade T&R Study
Quantify impacts to the 15 EL toll revenue and TIFIA loan
covenants
Support potential funding strategies for the ELPSE
o Proceed with Progressive Design-Build delivery and procurement of PCM
Services
• Progressive design-build – ELPSE
• Senate Bill 617 (passed 10/4/23), authorizing the use of progressive design-build
delivery for local agency transportation projects
• Collaborative approach between agency and contractor
o Early contractor input and innovation
o Potential for both phased project delivery and phased project funding
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• PCM Services Procurement Schedule
• Funding/budget adjustment
o Federal Funding for PCM services obligated May, 2023 = $67 million;
balance of $19.6 million with local funds (Measure A).
o Fiscal Year 23/24 Budget allocated $2 million for PCM services. Based on
the negotiated scope and schedule for PCM services, a budget adjustment
increase of $3.4 million is needed in FY 2023/24.
Jeff Dietzler stated that Parsons Transportation Group Inc. (Parsons) is also available in
case the Commissioners have questions specific for Parsons.
Commissioner Karen Spiegel noted in looking at the agenda it is a little bit different then
what is being presented on the screen, in the staff recommendation it is talking about
over an eight-year period. She asked if the Commissioners are just now approving for the
eight years and as they are approving it staff has already increased it and if staff
anticipates that this will be an ongoing increase.
Jeff Dietzler replied that the cost that has been generated by Parsons was based on their
proposal as it was planned to address construction extending out to potentially 2030;
Parsons is targeting to be completed with their project by 2028. He explained this is a
fixed fee contract - Parsons will bill the actuals as they work, and staff does not expect
Parsons to exceed that number unless there are significant changes to the scope of the
project and their estimate is conservative as well as the potential for the project to be
phased in multiple different ways. Parsons will develop a phased project delivery plan
and they could deliver the project in as few as two phases which would significantly cut
down on the overhead costs and the staff time for the PCM.
In response to Commissioner Spiegel’s question that Parsons agreed with that, Parsons
who was sitting in the audience nodded in concurrence.
Anne Mayer replied that this is an eight year contract; the reason RCTC needs to amend
the budget is because when staff started the budget process it was in March 2023 after
the 2023 Projects and Funding Strategies Ad Hoc Committee approved to start
proceeding. Staff estimated what they thought would be spent in the first year and they
were off by $3 million but considering the fact they now have the consultant on board
and have gone through a detailed analysis of how much work is going to be done this year
so this was not right out of the gate they needed a change order for the contract as they
had budgeted for this last year and it was just an estimate. Commissioner Spiegel thanked
Ms. Mayer for the clarification.
Commissioner Wes Speake clarified that they are voting on the actual contract amount of
$86 million the detail Jeff Deitzler had provided was just there is a delta between what
staff allocated in the budget, and they know where that money is going to come from. He
expressed appreciation that this is going forward and asked when they will see the Toll
and Revenue Study.
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Jeff Deitzler replied regarding the Toll and Revenue Study Parsons has completed all their
traffic counts and traffic observations, they are developing their model and forecast,
which should be available in April 2024 and that will be the entire corridor from State
Route 60 all the way down to SR-74.
In response to Commissioner Speake’s question that construction is starting in 2026, but
that is funding dependent, Jeff Deitzler replied yes.
M/S/C (Speake/Spiegel) for the Committee to recommend the Commission take
the following action(s):
1) Award Agreement No. 24-31-004-00 with Parsons Transportation Group
Inc. to provide project and construction management (PCM) Services for
the Interstate 15 Express Lanes Project Southern Extension (ELPSE) for an
eight-year term in the amount of $78,702,500, plus a contingency
amount of $7,870,250, for a total amount not to exceed $86,572,750;
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) Approve an increase in the Fiscal Year 2023/24 Budget from $2,000,000
to $5,364,161.
Anne Mayer expressed appreciation to the Commissioners and stated RCTC always just
rolls from one project to the next and this is another example of that, in that with the
long-range plan this Commission had approved more than 15 years ago about the express
lane network here in Riverside County and this is just another step in that. RCTC opened
the 15/91 Connector last week in time for Thanksgiving and then this week the
Commissioners are voting on the next segment going all the way down to Lake Elsinore is
exciting. She then thanked the Commissioners for their leadership and trust in allowing
the RCTC team and their industry partners to keep going with exciting and innovative
methods all trying to accomplish the goals the Commissioners set several years ago.
8. AMENDMENT TO PROJECT AND CONSTRUCTION MANAGER SERVICES FOR THE
INTERSTATE 15/STATE ROUTE 91 EXPRESS LANES CONNECTOR PROJECT
Sri Srirajan, Senior Capital Projects Manager, presented an update to the amendment to
project and construction manager (PCM) services for the Interstate 15/SR-91 Express
Lanes Connector, highlighting the following areas:
• Background project overview
o $270 million design-build
o New express lane connections
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Eastbound 91 to Northbound-15
Southbound 15 to Westbound-91
o Extends eastbound 91 No. 4 general purpose lane
o Extends eastbound 91 express lane
o Adds second eastbound express lane (added scope)
• Background – PCM services
• A summary of PCM services contingencies
• Background – PCM services previous amendments
• Amendment No. 14
M/S/C (Vargas/Speake) for the Committee to recommend the Commission take
the following action(s):
1) Approve Agreement No. 15-31-001-14, Amendment No. 14 to Agreement
No. 15-31-001-00, with Parsons Transportation Group, Inc. (Parsons) to
provide additional project and construction management (PCM) services
for the Interstate 15 (I-15)/State Route 91 (SR-91) Express Lanes project
(15/91 ELC) in the amount of $2,330,533, plus a contingency of $233,053,
for an additional amount of $2,563,586; and extend the term to June 30,
2027;
2) Authorize the Chair or Executive Director, pursuant to legal counsel
review, to execute the agreement on behalf of the Commission; and
3) Authorize the Executive Director or designee to approve contingency
work up to the total not to exceed amount as required for the Project.
Commissioner Speake announced that he needed to recuse himself on Agenda Item 9 as
he works for the parent company of the Company being talked about.
9. AMENDMENT NO. 4 WITH WSP USA INC., FOR PROFESSIONAL SERVICES, AND
OPERATIONS AND MAINTENANCE AGREEMENT WITH CALTRANS FOR THE INTERSTATE
15 SMART FREEWAY PILOT PROJECT
David Lewis, Capital Projects Manager, presented an update for the Amendment with
WSP USA Inc., (WSP) and the Caltrans operations and maintenance agreement for the I-
15 SMART Freeway Pilot Project, highlighting the following:
• Project scope
o Delays on northbound I-15 in afternoons and evenings
o Targeting 8-mile segment of northbound I-15 – County Line to 15/215 split
o Coordinated ramp meters at Temecula Parkway, Rancho California,
Winchester adapt to current conditions
o Active traffic management system that monitors current traffic conditions
o Two-year Pilot Project – RCTC operates and maintains the system
• Project status
o 100 percent Design approved on September 12, 2023
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o Caltrans encroachment permit approved on November 9, 2023
o Anticipate advertise for Construction in January 2024
• Scope of work challenges
o Multiple adjacent projects in development require additional coordination
o Post-design changes at Winchester due to French Valley Parkway overlap
o Additional hazardous waste analysis
o Time sensitive surveys
o Additional public outreach efforts
o WSP Amendment No. 4 addresses the out-of-scope items
• RCTC/Caltrans Operations and Maintenance Agreement
o RCTC will operate and maintain the system for two-year Pilot period
o Outlines roles and responsibilities for each agency
o Required for construction and operations
o No cost agreement
o Final stages of legal review and signature
M/S/C (Vargas/Krupa) for the Committee to recommend the Commission take
the following action(s):
1) Approve Agreement No. 21-31-063-04, Amendment No. 4, to Agreement
No. 21-31-063-00 with WSP USA Inc., (WSP) to provide professional
services for the Interstate 15 SMART Freeway Pilot Project (Project), in
the amount of $698,102 plus a contingency amount of $69,810 for an
additional amount of $767,912, and a total amount not to exceed
$4,767,912;
2) Approve Agreement No. 23-31-063-00 with Caltrans for the draft
operations and maintenance (O&M) of the Project;
3) Authorize the Chair or Executive Director, pursuant to legal counsel
review, to execute the agreements on behalf of the Commission;
4) Authorize the Executive Director, or designee, to approve contingency
work as may be required for the Project; and
5) Authorize the Executive Director or designee, pursuant to legal counsel
review, to execute non-funding amendments to the agreements on
behalf of the Commission.
Speake: Abstained
At this time, Commissioner Speake rejoined the meeting.
10. AMENDMENT NO. 11 WITH MICHAEL BAKER INTERNATIONAL FOR THE SANTA ANA
RIVER TRAIL PROJECT 2 – PHASE 6 AND ADDITIONAL CONTINGENCY
Joie Edles Yanez, Capital Projects Manager, presented the amendment with Michael
Baker International (MBI) for the Santa Ana River Trail Project (SART) 2 – Phase 6 and
additional contingency, highlighting the following areas:
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• SART background
o RCTC has been managing the SART projects for Riverside County Regional
Park and Open-Space District (RivCo Parks) since 2015
o All costs reimbursed by RivCo Parks
o Last remaining gaps in 110-mile trail from mountains to sea
o Equestrian, bicyclist, pedestrian ADA accessible trail
• SART 2 – Phase 6
Key Features
o 1.65 miles of trail
o Features two bridges
One over railroad
One over Aliso Creek
o Adjacent to Green River Golf Club
o Construction Cost Estimate: $26.6 million
o Status: 90 percent design
• SART Bridges
Burlington North Santa Fe (BNSF) Bridge:
o Overhead Bridge for BNSF railroad tracks
o Replaces existing at-grade crossing
o Bridge is 180 feet long, 20 feet wide
Aliso Canyon Creek Bridge:
o Pedestrian bridge over Aliso Canyon Creek
o Bridge will be 180 feet long, 20 feet wide
o Anticipated users are pedestrians, cyclists, equestrians, golf course
maintenance
• SART history
• Changes to scope
o Changes in retaining walls for BNSF bridge after receiving submittal review
comments from BNSF
o Changes to foundation for Aliso Canyon Creek bridge after receiving
submittal review comments from Metropolitan Water District (MWD)
o Additional budget for increased coordination efforts to address concerns
with utilities and comments from project stakeholders
o Requesting additional $459,647
o RivCo Parks has concurred
• Increased contingency
o Staff performed an independent cost estimate, reviewed historical issues
resulting in increased costs and performed projections of costs to
complete and is recommending an increased contingency
o Contingency can only to be utilized when justified and authorized by Staff
and RivCo Parks
o Even with increased contingency, MBI’s total contract cost for design is at
8 percent, which is less than the standard threshold being 10 percent of
the construction cost
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• Fiscal impact - $459,647, Funding Source: Proposition 84 Grant funds provided
by the State Coastal Conservancy and secured by RivCo Parks
Commissioner Speake expressed appreciation for the presentation and stated that the list
of 14 agencies RCTC is dealing with on this project is the highest number he has ever seen
and noted great job.
Commissioner Spiegel expressed appreciation as this is just one small piece of years of
working on this whole project and this is the pinch point area, so it is a critical piece to be
moving forward. She is aware that working with so many jurisdictions can be difficult,
and they appreciate staff for plowing through this and getting it done. She then moved
staff recommendation.
M/S/C (Spiegel/Speake) for the Committee to recommend the Commission take
the following action(s):
1) Approve Agreement No. 17-67-027-11, Amendment No. 11 to Agreement
No. 17-67-027-00, with Michael Baker International (MBI) for additional
scope of services, as part of planned construction of the Santa Ana River
Trail Project (SART) 2 through Green River Golf Course (Project) in the
amount of $222,980, plus a contingency amount of $236,667, for an
additional amount of $459,647, and a total contract amount not to
exceed $2,609,259;
2) Authorize the Executive Director or designee to approve contingency
work as may be required for the Project; and
3) Authorize the Chair or Executive Director, pursuant to legal counsel
review, to finalize and execute the agreement on behalf of the
Commission.
11. EXECUTIVE DIRECTOR REPORT
Anne Mayer announced:
• On December 6 at 10:00 a.m. at the North Main Corona Metrolink station RCTC is
hosting a celebration of the opening of the 15/91 Express Lane Connector.
• On December 6 at 1:00 p.m. in this Board Room the California Transportation
Commission (CTC) will be here for their annual trip to Riverside for the December
CTC meeting. Mobility 21 is hosting a reception in this lobby at 5:00 p.m.
• The December 13 Commission meeting; not only do they have the agenda from
the Budget and Implementation Committee and the Western Riverside County
Programs and Projects Committee which had several significant agenda items,
there may also be a closed session, and the election of officers for 2024, so the
meeting will be longer than usual.
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12. COMMISSIONER COMMENTS
12A. Commissioner Spiegel clarified that the celebration of the opening of the 15/91
Express Lane Connector was being held at 10:00 a.m. and she expressed
appreciation for having the opening ceremony. Anne Mayer replied yes.
12B. Commissioner Speake expressed appreciation to staff and everybody that has
worked on the 15/91 Express Lanes Connector Project it was amazing to see it
open especially the day before Thanksgiving. He had some cousins that came into
town and used the new connector, and they said it was flawless and wanted to
thank staff for getting it opened as it was very well timed.
12C. Commissioner Vargas announced that Metrolink had their Holiday Express Train
kickoff on November 25 at the Perris-South station it was a great event and well
attended. For tickets visit Metrolink.com and the Polar Express Train Ride in Perris
at the Orange Railway Museum as well.
12D. Commissioner Berwin Hanna announced on December 7 is Pearl Harbor Day and
there will be a celebration at the Veterans’ Memorial Park in Norco at 10:00 a.m.
13. ADJOURNMENT
There being no further business for consideration by the Western Riverside County
Programs and Projects Committee, the meeting was at 2:17 p.m.
Respectfully submitted,
Lisa Mobley
Administrative Services Director/
Clerk of the Board
9
AGENDA ITEM 7
Agenda Item 7
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: January 22, 2024
TO: Western Riverside County Programs and Projects
FROM: Eric DeHate, Transit Manager
Monica Morales, Senior Management Analyst
THROUGH: Lorelle Moe-Luna, Multimodal Services Director
SUBJECT: Fiscal Years 2024/25 – 2026/27 Measure A Specialized Transit Call for Projects
Program Guidelines
STAFF RECOMMENDATION:
This item is for the Committee to recommend the Commission take the following action(s):
1) Approve the Fiscal Years 2024/25 – 2026/27 Measure A Specialized Transit Program
Guidelines; and
2) Direct staff to release the FYs 2024/25 – 2026/27 Measure A Specialized Transit Call for
Projects for $13,127,000 for Western Riverside County (Western County) on February 14,
2024.
BACKGROUND INFORMATION:
The 2009 Measure A Expenditure Plan allocates approximately 11.6 percent of the annual
revenues from the 2009 Measure A Western County program to public transit. The public transit
allocation is then distributed among five programs, namely: specialized transit services,
specialized transit-consolidated transportation service agency operations, commuter rail,
intercity bus, and commuter services. The Measure A Specialized Transit Program receives about
1.9 percent of the 11.6 percent for public transit. The program provides funding to benefit older
adults, persons with disabilities, and/or those that are most vulnerable and truly needy in
Western County. In Western County, this funding has been distributed through a competitive
process to a wide array of non-profit and community organizations that serve these
constituencies for specialized transit services for persons with disabilities and older adults.
In the Coachella Valley, the 2009 Measure A Expenditure Plan allocates an even higher
percentage of funding for public transit (15 percent) than in Western County. This funding is
allocated directly to SunLine Transit Agency. Currently, Measure A is utilized by SunLine to
improve and expand public transit and specialized transportation services.
The goals of the Measure A Specialized Transit Program for western Riverside County are to:
10
Agenda Item 7
• Support directly operated services that expand or extend existing services, which, if not
funded by Measure A funds, would leave an area and/or special population without
alternate service options;
• Support existing services that offer an improved level of service coordination with the
existing transportation network;
• Expand new services that leverage other revenue sources, can be administered in a cost-
effective manner, and will not require long term support from Measure A funding; and
• Support new and expansion of existing services including transportation for veterans and
shuttles including, but not limited to, nutrition and medical services.
Projects that are eligible under the program include operating and capital projects such as senior
transportation shuttles, non-emergency medical transportation services, bus pass/voucher
programs, mileage reimbursement programs, travel training, vehicle and maintenance
equipment, communications and dispatch equipment, and mobility management.
DISCUSSION:
A Call for Projects is held every three years to distribute Measure A Specialized Transit funding in
Western County. The last Call for Projects provided over $9.1 million to 16 recipients, and these
funding contracts will end June 30, 2024.
Total projected funding available for FYs 2024/25 – 2026/27 for the upcoming Call for Projects is
shown in Table 1.
Table 1. Summary of Available Funding
Fiscal Years 2024/25-2026/27
Fiscal Year Total
2025 $4,289,000
2026 $4,375,000
2027 $4,463,000
TOTAL $13,127,000
Staff anticipates strong competition for the available funds as prior calls for projects have been
oversubscribed. Staff has reviewed the current program guidelines and recommends minor
revisions as summarized in Table 2. The purpose of these changes is to improve the delivery of
services, such as cost effectiveness, equitable distribution, and needs and priorities based on the
2021 Public-Human Services Coordinated Plan.
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Agenda Item 7
Table 2. Summary of Revisions for Measure A Specialized Transit Program Guidelines
Area/Criteria Current Proposed Revision
Matching Funds 34% match for operating
50% match for capital
Allow flexibility for transportation-
only programs to receive a lower
match requirement for operating
and capital funds based on a case-
by-case basis.
Eligible Projects Type Voucher programs can be
used for fixed-route and
public demand response
services.
Voucher programs can only be used
for fixed-route services for regional
programs.
Eligible Project Costs Defines types of indirect
costs and limits indirect costs
to 8%.
Added additional requirement that
indirect costs methodology and
explanation is required for
organizations that are not
transportation-only focused.
Transportation-only focused
applicant is defined as an
organization that has a core mission
or service other than
transportation.
Scoring Criteria Capital projects for
replacement and expansion
vehicles are combined into
one application and scored
based on narrative.
Separated scoring criteria for
replacement and expansion
vehicles. Added more specific
quantitative scoring criteria for
replacement vehicles based on age
and mileage.
Grant Reporting Grant Reporting section
describes monthly reporting,
meetings, planning processes
and auditing, and
compliance.
Moved Grant Reporting section to
new section “Post Award Guidance”
and added more details on
invoicing, reporting, and budget
modification requirements.
Staff has been engaged with the current specialized transit operators to understand their needs
with the ongoing COVID-19 impacts. Staff used these one-on-one settings to solicit feedback from
the operators on how to improve the Measure A Specialized Transit Program Call for Projects.
Additionally, staff contracts with AMMA Transit Planning to perform a compliance and site visit
to each of the specialized transit operators during the Call for Projects cycle. Feedback from
these activities helped shape the updated program guidelines.
As with prior Calls for Projects, applicants will need to indicate how their proposed project will
coordinate trips and/or services with existing transportation providers including public and non-
profit agencies. Projects should not duplicate existing services currently provided by public
transit operators.
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Agenda Item 7
Staff recommends that the Commission approve the revised program guidelines (Attachment 1)
and release of the FYs 2024/25 – 2026/27 Call for Projects. Upon approval, the final guidelines
and application will be posted on the Commission’s website, and proposers will have until March
14, 2024, to submit applications. An application workshop will also be available for applicants on
February 20, 2024, to review the application process, scoring criteria, and program evaluation.
The evaluation and selection of applications will be completed in April 2024, and the
recommendations for funding awards to successful applicants will be presented to the
Commission for approval at its May 2024 meeting.
There is no financial impact for this item in FY 2023/24, as no funds are being awarded at this
time. Upon Commission approval of funding awards in May, future program expenditures will
be included in the respective budget years, beginning in FY 2024/25.
Attachment: FY 2024/25 – 2026/27 Measure A Specialized Transit Program Call for Projects
Program Guidelines for Western Riverside County
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FY 2024/25 – 2026/27
Measure A Specialized Transit
Call for Projects for Western Riverside County
PROGRAM GUIDELINES
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1
TABLE OF CONTENTS
INTRODUCTION ..................................................................................................................................... 2
1. Background ................................................................................................................................. 2
2. Program Goals ............................................................................................................................ 2
3. Program Schedule ...................................................................................................................... 3
FUNDING OVERVIEW ............................................................................................................................ 4
4. Funding Source ........................................................................................................................... 4
5. Programming Cycle and Available Funds ................................................................................... 4
6. Matching Funds .......................................................................................................................... 4
7. Reimbursement .......................................................................................................................... 5
ELIGIBILITY/PROGRAM REQUIREMENTS ............................................................................................... 6
8. Eligible Applicants ...................................................................................................................... 6
9. Consistency with the Coordinated Plan ..................................................................................... 6
10. Number of Applications Per Applicant ..................................................................................... 6
11. Minimum and Maximum Grant Award Per Project ................................................................. 6
12. Eligible Project Types ................................................................................................................ 7
13. Eligible Project Costs ................................................................................................................ 8
PROJECT EVALUATION AND SCORING CRITERIA ................................................................................. 10
14. Project Evaluation .................................................................................................................. 10
15. Scoring Criteria ....................................................................................................................... 10
APPLICATION PROCESS ....................................................................................................................... 18
16. Application Form .................................................................................................................... 18
17. Application Deadline .............................................................................................................. 18
18. Application Workshop ............................................................................................................ 18
POST AWARD GUIDANCE .................................................................................................................... 19
19. Notification of Award ............................................................................................................. 19
20. Contract Execution ................................................................................................................. 19
21. Technical Workshop for Award Recipients ............................................................................. 19
22. Invoicing ................................................................................................................................. 19
23. Monthly Reporting ................................................................................................................. 20
24. Quarterly Reporting ............................................................................................................... 20
25. Annual Reporting ................................................................................................................... 20
26. Budget Modifications ............................................................................................................. 20
27. Recipient Meetings and Planning Participation ..................................................................... 21
28. Annual Audit ........................................................................................................................... 21
29. Compliance and Performance Site Visit ................................................................................. 22
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I NTRODUCTION
1. BACKGROUND
The Measure A Specialized Transit Program was first approved by Riverside County voters in 1989
and reauthorized in 2009 within the Measure A ordinance. The purpose of the program is to
target seniors, persons with disabilities, and/or individuals who are “truly needy 1 .” These
specialized services meet the needs of the most vulnerable population in Western Riverside
County that are typically outside of the public fixed-route bus and Dial-A-Ride service areas or
have specific needs that may not be met using traditional services.
Since 2009, the program has awarded over $40 million, and provides nearly 250,000 trips
annually in Western Riverside County.
Applications to the program are submitted every three years through a competitive Call for
Projects.
2. PROGRAM GOALS
The goals of the program are to:
• Support directly operated services that expand or extend existing services, which, if not
funded by Measure A funds, would leave an area and/or disadvantaged population without
alternate service options;
• Support existing services that offer an improved level of service coordination with the existing
transportation network;
• Expand new services that leverage other revenue sources, can be administered in a cost-
effective manner, and
• Support new and expansion of existing services including transportation for veterans and
shuttles including, but not limited to, nutrition and medical services.
1 Truly needy is defined by the current State/Federal poverty guidelines by US Department of Health and Human
Services. For more information see Table 3. Applicants may also use US Department of Housing and Urban
Development information described after Table 3.
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3. PROGRAM SCHEDULE
Date* Action
February 14, 2024 Commission Approves Guidelines and Release of FY 2025 – 2027 Call
for Projects
February 20, 2024 Pre-Application Workshop
March 14, 2024 Applications due to RCTC by 4:00 PM
March 15 - 29, 2024 Selection Committee to review project applications
April 22, 2024 Award Recommendations presented to the Western Riverside County
Programs and Projects Committee
May 8, 2024 Award Recommendations Submitted to the Commission for Final
Approval
May 8, 2024 Notification to Award Recipients; Begin contract execution process
June 18, 2024 Technical Workshop for Award Recipients
July 1, 2024 Start of FY 2024/25 Program Year
August 10, 2024 First month Progress Report and Request for Reimbursement due.
*Dates are tentative and subject to change.
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FUNDING OVERVIEW
4. F UNDING SO URCE
Measure A is the half-cent, voter approved sales tax in Riverside County. The 2009 Measure A
extends the revenues through 2039. Funds go back to each of the three geographic areas within
Riverside County: Western Riverside County, Coachella Valley, and Palo Verde Valley. In
Western Riverside County, approximately 12% is allocated towards public transit, a portion of
which is used to fund the Measure A Specialized Transit Program.
This Call for Projects is only available for Western Riverside County, between the Orange County
border to the west, the San Bernardino County border to the north, Cabazon/Banning to the east,
and San Diego County border to the south. The Measure A ordinance requires that these funds
shall not supplant any other type of funding already in use for the proposed purpose. Measure
A funding is intended to supplement and extend existing projects and activities, NOT supplant
dollars that are otherwise available to support your specialized transportation program.
5. PROGRAMMING CYCLE AND AVAIL A BLE FUNDS
A total of $13,127,000 is estimated for the Call for Projects, which covers Fiscal Years (FY) 2024/25
– FY 2026/27.
Table 1 below, identifies the amount of projected revenues for the next three years.
TABLE 1
Available Funding
FY 2024/25 FY 2025/26 FY 2026/27 Total
Measure A $4,289,000 $4,375,000 $4,463,000 $13,127,000
6. MATCHING FUNDS
The Commission encourages applicants to leverage and utilize other funding sources as much as
possible to allow for Measure A funding to be maximized throughout Western Riverside County.
Qualifying matching funds can include but is not limited to: Federal Transit Administration (FTA)
Section 5310 funds, Community Development Block Grant (CDBG) funds, private donations, other
locally generated funds, and in-kind match. In-kind match includes contributed nonfinancial
assets including fixed assets such as land, buildings, and equipment; the use of fixed assets or
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utilities; materials and supplies such as food, clothing, or pharmaceuticals; intangible assets;
and/or recognized volunteer or donated services.
Table 2 summarizes the maximum Measure A allowed for a project and matching minimum
requirements by project type.
TABLE 2
Measure A Matching Requirements
Project Types Measure A Maximum
Share Request Match Minimum*
Operating Projects 66% 34%
Capital Projects 50% 50%
*Applicants that are transportation-only focused may be granted a lower match minimum for operating and capital
projects on a case-by-case basis.
Support for operating services continues to be the greatest need and will receive a higher share
of Measure A funds, up to 66% of the total project cost. Support for capital projects is eligible for
up to 50% of the total project cost. Applicants seeking capital assistance should utilize the FTA
Section 5310 program as the primary resource to the maximum extent possible.
Applicants that are transportation-only focused can request a lower match minimum for
operating and capital projects. Those applicants would need to provide a letter on the minimum
match they are able to commit to for the Call for Projects and provide justi fication on why they
would need that reduced match requirement. This would be an additional attachment to the
financial section of the application. If an applicant’s core mission is to provide another service
and transportation is a component of that mission, then the applicant would not be able to
request a reduction to the minimum match requirement.
Additional information regarding eligible project types can be found under Eligible Project Types.
7. REIMBURSEMENT
This is a reimbursement program for eligible costs incurred. All invoices are subject to a 30 -day
payment schedule. The 30-day payment schedule is contingent upon the date when the correct
invoice is submitted for payment.
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ELIGIBILITY/PROGRAM REQUIREMENTS
8. ELIGIBLE APPLICANTS
Eligible applicants include local government agencies, human and social services agencies, tribal
governments, and private non-profit organizations. Eligible Measure A projects may request up
to three years of funding per project.
9. C ONSISTENCY WITH THE C OORDINATED P LAN
The program requires that all projects selected for funding be consistent with the needs,
strategies and priorities identified in the Public Transit-Human Services Transportation
Coordination Plan (Coordinated Plan) for Riverside County 2021 Update. The Coordinated Plan
document is available online at www.rctc.org.
The Coordinated Plan identifies existing services, unmet needs and service gaps, as well as
strategies by which to meet these needs on behalf of older adults, individuals with disabilities
and low-income individuals.
10. NUMBER OF APPLICATIONS P ER APPLICANT
There is no limit to the number of applications submitted per applicant. If an applicant submits
more than one project for consideration, applicants should rank their projects. If funding is
constrained, it is possible that only one project may get fully funded. If an eligible applicant is
requesting operating funds for existing services and capital funds for a replacement vehicle, the
applicant will need to submit two applications, one for operating and one for capital. If an
applicant is requesting funds for operating funds for existing services and expanding service with
the existing fleet, then only one application will be required. If, however, an applicant is
requesting operating funds for existing services and is requesting a vehicle for expansion of
services, then two applications will be required.
11. MINIMUM AND M AXIMUM GRANT AWARD PER PROJECT
There is no minimum award requirement. The maximum amount any one project can receive is
equal to or less than 18 percent ($2,362,860) of the total Measure A funding available.
Applicants should be mindful of the overall funding availability and size their projects responsibly.
The amounts requested must be appropriate to the nature of the proposed project, the benefits
to be achieved, and the cost-effectiveness of the project. The Commission reserves the right to
negotiate the total amount of funding a project should receive.
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12. ELIGIBLE PROJECT T YPES
Operating and capital projects are eligible under the program; however, priority will be given to
projects that provide services and/or enhance services to ADA eligible individuals in a cost-
effective manner and to projects that serve the non-emergency medical transportation needs of
Western Riverside County residents. For capital projects, priority will be provided to applicants
replacing aging or updating equipment to provide existing services.
The various types of eligible operating and capital activities are listed below.
Operating Assistance Projects:
• Non-emergency medical transportation services
• Specialized, targeted population shuttles to persons with disabilities and/or individuals
who are truly needy
• Senior transportation shuttles
• Demand response services
• Volunteer driver programs
• Voucher/ bus pass purchase programs for fixed-route services are restricted for regional
programs that serve Western Riverside County residents
• Mileage reimbursement programs
• Travel training
Capital Projects
• Replacement of lift-equipped vehicles
• Expansion for the purchase of new lift-equipped vehicles
• Vehicle-related equipment for maintenance
• Rehabilitation and overhaul of aging vehicles to extend useful life
• Communications and dispatch equipment
• Software to facilitate dispatch.
• Other special equipment to facilitate transportation to the target population groups (
installation of wheelchair lifts, in-vehicle technology, personal protective equipment etc.)
• Mobility management
• Vehicle leases
Truly needy is based on the current State/Federal poverty guidelines for 2023, as shown in Table
3.
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TABLE 3
2023 Federal Poverty Guidelines (FPG) for the
48 Contiguous States and the District of Columbia
Persons in
family/household Poverty guideline (100% of FPG)
1 $14,580
2 $19,720
3 $24,860
4 $30,000
5 $35,140
6 $40,280
7 $45,420
8 $50,560
For families/households with more than 8 persons, add $5,140 for each
additional person.
Source: US Dept. of Health and Human Services
https://aspe.hhs.gov/poverty-guidelines
Federal poverty guidelines are made available by the U.S. Department of Health and Human
Services every year in January. Grantees are required to update their internal poverty eligibility
guidelines annually. Applicants may also use low-income criteria and datasets from the U.S.
Department of Housing and Urban Development at
https://www.huduser.gov/portal/datasets/il.html
13. ELIGIBLE PROJECT COSTS
Eligible project costs are either direct costs or indirect costs.
Operating Assistance Projects
Direct costs are expenses that are specifically associated with a given service, program,
department and can be clearly associated with a particular functional category. Examples of direct
costs include salaries and benefits of direct staff and supervisors, professional services, drivers,
schedulers, and trainers, fuel, insurance, and additional costs that can be directly linked to the
proposed project. If an applicant is only transportation focused, then all costs should be direct
costs.
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If an applicant ’s core mission is to provide another service and transportation is a component of
that mission, then the applicant would have both direct and indirect costs. Indirect costs are
expenses that cannot be specifically associated with a given service, program, or department and
thus, cannot be clearly associated with a particular functional category. Examples of indirect costs
may include administrative overhead, space and equipment rental, utilities, insurance, and office
supplies. If this is the case for an applicant, a narrative or table description of each cost line item
would need to be provided for all direct costs related to the transportation component and the
proportional share of indirect costs and the methodology that the transportation component
would be responsible to pay for needs to be included. Applicants should be mindful of the
programs utilizing shared resources when considering eligible project costs. Measure A may only
pay up to a maximum of 8% for indirect costs. RCTC reserves the right to propose an alternative
indirect cost rate if the indirect costs and narrative description are not reasonable.
Capital Projects
Only direct costs are eligible for capital type projects. Capital projects cannot incur indirect costs.
In addition, applicants should be mindful of shared resources from multiple programs. For
example, if a bus or van is utilized by two programs where one is eligible for Measure A and the
other is not eligible, only the proportional cost of the bus or van will be funded through the
Measure A program.
Applicants should be cognizant of the programs utilizing shared resources when considering
eligible project costs.
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PROJECT EVALUATION AND SCORING CRITERIA
14. PROJECT EVALUATION
The primary focus of this Call for Projects continues to be the provision of trips, as these can be
most clearly documented and concretely demonstrated by filling existing service gaps.
Additionally, the cost per trip, the agency’s ability to exercise sufficient financial control, and their
ability to meet program reporting standards will be important factors in the project evaluation
process.
Preference will be given during the project evaluation phase to those agencies that seek out ways
to coordinate with the existing transportation network and can demonstrate ability to properly
administer the funds in a cost-effective manner while providing service to the target populations.
RCTC will use a selection committee to review and rank applications and provide award
recommendations to Commission staff. Commission staff anticipates determining the number of
awards to stretch funding to address as many gap areas and target population needs as may be
possible.
RCTC reserves the right to identify and make available alternative funding types, from what is
proposed or to negotiate final funding levels. Large funding requests, if approved for funding,
could be partially funded at the discretion of the Commission.
15. S CORING CRITERIA
There are five main sections that the projects will be evaluated on for a total of 100 points.
Section I – Agency Profile – Project Summary (5 points)
Section II – Organizational Capabilities (10 points)
Section III – Project Narrative (60 points)
Section IV – Coordination Activities (5 points)
Section V – Financial Assessment and Project Budget (20 points)
The following details the criteria that will be used to evaluate projects.
Section I – Agency Profile – Project Summary (Total of 5 points)
This section is a table which will be filled out resulting in a project summary. Evaluators will
be looking for the following information in this section:
• Is the application complete?
• Are the calculations accurate?
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• Is this section consistent with other sections?
Section II – Organizational Capabilities (Total of 10 points)
This section is looking at the capabilities of your organization and is broken into three parts.
Evaluators will be looking for the following information in this section:
PART A (8 points)
• Does the applicant have the experience to perform the proposed project?
• Does the proposed project match the primary mission of the applicant?
• Does the applicant have adequate facilities and fleet size for the proposed project?
• Does the applicant identify the key personnel and have the qualifications for the
proposed project?
PART B (1 point)
• Does the applicant identify the target population?
PART C (1 point)
• Does the applicant detail the current population and show its service area?
Section III – Proposed Project Narrative (Total of 60 points)
This is the largest section and should provide the details of your proposed project. This section
is divided into five different parts. Evaluators will be looking for the following information in
this section:
PART A. Project Narrative (All Project Types) (25 points)
• Does the applicant describe the project, the service or project type, and service area?
• Does the applicant describe the roles and responsibilities of key personnel?
o Did the applicant provide an organizational chart?
o Did the applicant provide a responsibility matrix?
• Does the applicant provide the days and hours of operation?
• Does the applicant describe the target population?
• Does the applicant describe how potential customers are informed about the available
program?
PART B – Implementation Plan (20 points)
Applicants should select the appropriate project type from the list as follows:
1. Criteria for Operating Projects
If agency transportation services are proposed, the applicant must demonstrate why the
proposed services cannot be provided by existing public transportation. Prospective
applicants must show how the service proposed does not duplicate existing public transit
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services within the project’s service area, demonstrating why their target population
cannot use what is available. Applicants also need to demonstrate how their proposed
service is coordinated with the existing transportation network, to the extent this is
feasible for their target population group.
• Does the applicant describe the process for trip reservations, how routes are
scheduled and dispatched, and days and hours of service operations?
• Does the applicant describe and detail its vehicle maintenance and replacement plan?
• Does the applicant describe how drivers are hired, trained, re-trained, and certified?
• Does the applicant describe its methodology for current and projected ridership?
2. Criteria for Voucher Programs
• Does the applicant describe the eligibility criteria for agency and/or client
applications?
• Does the applicant describe how vouchers or passes are purchased and distributed?
• Does the applicant describe how vouchers or passes are tracked?
• Does the applicant describe its methodology for current and projected voucher
usage?
3. Criteria for Mileage Reimbursement Programs
• Does the applicant describe the eligibility criteria for new applicants and the process
for trip reservation?
• Does the applicant describe how mileage is calculated and tracked?
• Does the applicant describe reimbursement rates and limits for reimbursement?
• Does the applicant describe how completed trips are verified?
• Does the applicant describe its methodology for current and projected ridership?
4. Criteria for Travel Training Programs
Some level of capacity-building related to training continues to be desirable but
recommended to be kept at modest levels. Agencies applying for training projects must
clearly demonstrate the project’s benefit to the consumer and the existing specialized
transit network.
• Does the applicant describe the eligibility criteria for agency and/or client
applications?
• Does the applicant describe how the training curriculum is developed and how
training sessions are provided?
• Does the applicant describe how trainers are hired, trained, re-trained and certified?
• Does the applicant describe how the program works with existing transportation
providers?
• Does the applicant describe its desired outcome of trained clients and how it
measures training success?
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• Does the applicant describe its methodology for current and projected number of
client training sessions and number of persons trained?
5. Criteria for Capital Projects for Equipment, Rehabilitation, and Replacement
Vehicles
While support for capital projects is an eligible expense in this call-for-projects, it should
be noted that for at least the disabled and/or elderly populations, the Section 5310
program exists and should be the primary pursuit of funding for such capital projects.
• Does the applicant describe the type of equipment it is seeking to purchase or
rehabilitate, including age and mileage, and how it will be utilized in the service?
• Does the applicant describe the extended useful life from vehicle rehabilitation as
opposed to replacing (if applicable)?
• Does the applicant describe the technology improvements they are pursuing and how
it will improve services and reduce costs (if applicable)?
• Does the applicant describe its planned process of procurement, including its process
of selecting the appropriate vendor?
• Does the applicant describe their ability to supplement grant funds if costs increase
by more than 10% prior to equipment delivery?
• Does the applicant describe and detail its vehicle and equipment maintenance and
replacement plan?
Applicants seeking replacement vehicles may receive up to 10 points for the narrative
above and up to 10 points based on the mileage and age of the vehicles as described in
Table 4.
TABLE 4
Vehicle Useful Life Scoring Criteria for Replacement Vehicles
TYPE OF VEHICLE* EXISTING VEHICLE MILES AND AGE SCORE
Minivan
Standard Van
Full Size Van
175,000 to 200,000 or 8 years
150,000 to 174,999 or 7 years
125,000 to 149,999 or 6 years
100,00 to 124,999 or 5 years
Less than 100,000 miles or 4 years old not
eligible
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8
6
4
0
Cutaway Buses
light duty (approximately
25’- 35’
GVW 12,000 – 16,000 lbs.)
225,000 - 250,000 or 9 years
200,000 – 224,999 or 8 years
175,000 – 199,999 or 7 years
150,000 – 174,999 or 6 years
Less than 150,000 or 5 years not eligible
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8
6
4
0
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Cutaway Buses
medium duty
(approximately 25’- 35’
GVW 16,000 - 26,000 lbs.)
275,000 – 300,000 or 11 years
250,000 – 274,999 or 10 years
225,000 – 249,999 or 9 years
200,000 – 224,999 or 8 years
Less than 200,000 or 7 years not eligible
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8
6
4
0
Large, heavy-duty buses
(approximately 35’- 40’
GVW more than 26,000 lbs.)
650,000 – 699,999 or 16 years
600,000 – 649,000 or 15 years
550,000 – 599,999 or 14 years
500,000 – 549,999 or 13 years
Less than 500,000 or 12 years not eligible
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8
6
4
0
*The Commission’s preference is to fund the most fuel efficient and clean vehicle possible
in meeting regional and state air quality standards.
6. Criteria for Capital Projects for Expansion Vehicles
If agency transportation services are proposed, the applicant must demonstrate why the
proposed services cannot be provided by existing public transportation. While support for
capital projects is an eligible expense in this call-for-projects, it should be noted that for
at least the disabled and/or elderly populations, the FTA Section 5310 program exists and
should be the primary pursuit of funding for such capital projects.
• Does the applicant describe the type of equipment it is seeking to purchase and how
it will be utilized in the service?
• Does the applicant describe its planned process of procurement, including its process
of selecting the appropriate equipment vendor?
• Does the applicant describe their ability to supplement grant funds if purchase costs
increase by more than 10% prior to equipment delivery?
• Does the applicant describe the eligibility criteria and process for trip reservations?
• Does the applicant describe how routes are scheduled and dispatched?
• Does the applicant describe and detail its vehicle maintenance and replacement plan?
• Does the applicant describe how drivers are hired, trained, re-trained, and certified?
• Does the applicant describe its methodology for current and projected ridership?
7. Criteria for Mobility Management Programs
Mobility management projects funded to date have operated with mixed results and
limited definable success. With limited dollar amounts available, mobility management
projects are expected to fall to the lowest funding priority, if they are funded at all. Clear,
measurable outcomes must be identified for mobility management projects that are
submitted.
• Does the applicant describe the eligibility criteria and process for its clients?
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• Does the applicant explain how existing transportation programs will be utilized and
promoted to its clients?
• Does the applicant describe in detail how transportation information is collected,
organized, disseminated, and kept up to date?
• Does the applicant describe its methodology for current and projected number of
client contacts and interactions?
• Does the applicant describe its ability to track and report the number of trips that
client contacts have generated?
PART C: Measure A Goals (5 points)
• Does the applicant describe how it meets the goals of the Measure A Specialized
Transportation Program?
PART D: Coordinated Plan (5 points)
All projects must be in the Coordinated Plan, addressing the gaps in service identified by
Riverside County’s 2021 Plan Update. For eligible Measure A projects, trips must either
begin or end in Western Riverside County.
• Does the applicant describe the existing transportation services operating in the
proposed service area?
• Does the applicant describe why the existing transportation services cannot be utilized
by the target population it proposes to serve?
o Does the applicant reference the relevant section and/or page number(s) from the
Coordinated Plan document that describes the available transportation services?
• Does the applicant specify how its project addresses the gap(s) and/or barrier(s)
identified in the Coordinated Plan for Riverside County, 2021 Update?
o Does the applicant reference the relevant section and/or page number(s) in the
Coordinated Plan document?
• Does the applicant specify how its project relates to the prioritized strategies
identified in the Coordinated Plan for Riverside County, 2021 Update?
o Does the applicant reference the relevant section and/or page number in the
Coordinated Plan document?
PART E: Key Performance Indicators (KPI) and Project Milestones (5 points)
• Does the applicant set standards for identifying clear measurable outcome-based
performance measures and indicators?
• Does the applicant set performance goals that are reasonable to meet based on its
described abilities, resources, and past performance?
• Does the applicant include a logical, reasonable, and quantifiable methodology to
track key performance indicators?
• Does this match the information provided in Section I – Agency Profile – Project
Summary?
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• Does the applicant identify clear milestones and estimated completion dates for this
project?
• Does the applicant include a logical, reasonable, and quantifiable methodology to
track milestones?
• Does the applicant describe its project milestones and performance goals from a
previously funded project?
• Does the applicant describe how well those goals were met?
Section IV – Coordination Activities (5 points)
This section should describe how applicants coordinate with other transit agencies. This
section includes two parts. Applicants need to identify how they intend to coordinate and
increase connectivity with other “like” services funded under this Call for P rojects or to
services provided by the public operators: Fixed Route or Dial-A-Ride services.
Evaluators will be looking for the following information in this section:
PART A (3 points)
• Does the applicant identify the key stakeholders involved in the project or future
partners and methods for obtaining participation in this project?
• Do they list Health and Human Services Agencies, public/private sector, non -profit
agencies, transportation providers, and/or members of the public representing
seniors or individuals with disabilities and from public transit agencies?
PART B (2 points)
• Does the applicant explain how its proposed project will make the effort to connect
or coordinate with other existing transit and transportation programs?
• Did the applicant attach letters of support from appropriate stakeholders?
Section V – Financial Assessment and Proposed Project Budget (20 points)
This section should describe the financial assessment of the applicant and the financial need
and propose a cost-effective budget over a three-year period. A factor in the points for this
section will include the percent of the match required. Higher match es will provide a greater
amount of points. This section is broken into four parts which also includes a potential bonus
five (5) point question. Evaluators will be looking for the following information in this section:
PART A
• Does the applicant provide a three-year budget; anticipating project revenues and
expenditures on the form provided?
• Do in-kind revenues match in-kind expenses? (if applicable)
PART B
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17
• Does the applicant describe the matching funds, including the type of matching
funds, a commitment to the amount of funds used as the match, and any
documentation related to the matching funds?
• Does the applicant describe the direct vs. indirect costs to the project and include
the percent of indirect costs or each line item?
• Does the applicant include the number of hours and hourly rate for volunteer labor
contributions?
• Does the applicant describe the nature of the direct and indirect costs and the
methodology of each cost component?
• Does the applicant describe the cost effectiveness of the program?
• How does the applicant’s costs compare to others with similar services?
PART C (Bonus five (5) point question)
• Does the applicant describe strategies that will be implemented to promote cost
savings, reduce the cost of its program, and/or ways to control their costs?
• Does the applicant include a logical, reasonable, and quantifiable methodology to
track these strategies?
PART D
• Did the applicant provide a copy of the most recently completed
agency/organization financial and/or compliance audit/review as an attachment?
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18
APPLICATION PROCESS
16. APPLICATION FORM
The application can be found at www.rctc.org under the Doing Business drop down menu under
Call for Projects.
17. APPLICATION DEADLINE
All Applications are due:
March 14,2024
Must be received by 4:00 pm.
Each application must be submitted in PDF or Word, along with a project budget worksheet in
Excel. Faxes will not be accepted. The electronic version can be uploaded to RCTC’s FTP site at
https://www.dropbox.com/request/bfYzkmc9jcfbFM5G3u6h. The password for uploading is
Measure A. You can also email your files to specializedtransit@rctc.org. If the documents are not
received by the date and time identified above, then it does not constitute on-time submittal.
Information submitted in applications will become a matter of public record following the
completion of the evaluation and award process. Therefore, any information contained in an
application that is deemed as proprietary, privileged, or confidential by the applicant agency or
organization must be clearly marked “Confidential.”
18. APPLICATION WORKSHOP
A pre-application workshop will be held for agencies to learn more about the application and
selection processes, and to ask any questions prospective agencies may have about the funding
program, project eligibility or evaluation process. All prospective applicants are encouraged to
attend the application workshop. Details of the application workshop are as follows:
DATE: Tuesday, February 20, 2024
TIME: 2 pm – 4 pm
LOCATION: Zoom Meeting
https://rctc.zoom.us/j/86983252424?pwd=aWlqYVI4blVDeW10TEFHbkxEZVZOdz09
Meeting ID: 869 8325 2424
Passcode: 691738
Dial by your location: + 1 669 900 6833 US (San Jose)
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19
POST AWARD GUIDANCE
19. NOTIFICATION OF AWARD
After the Commission has approved the recommended funding , RCTC staff will send an award
letter to each successful applicant. The award letter will indicate the Operating and Capital
funding amounts the Commission has approved. Additionally, the letter will ask each successful
applicant to review and revise if applicable various sections within their grant application now
that funding has been awarded.
20. CONTRACT EXECUTION
The Commission will draft an agreement with each of the Measure A recipients and will send
these to the point of contact indicated within the grant application for contract execution. The
terms and conditions are set from each of the recipient’s application and the ability to carry it
out. RCTC ’s procurement staff will email out the required documents along with instructions for
completion.
21. TECHNICAL WORKSHOP FOR AWARD RECIPIENTS
Commission staff will hold a technical workshop explaining the process for invoicing, reporting,
budget modifications, annual compliance audits, and triennial site visits for the successful
applicants.
22. INVOICING
A. This is a reimbursement program for eligible costs incurred.
B. All invoices are subject to a 30-day payment schedule. The 30-day payment schedule is
contingent upon the date when the invoice is submitted and approved for payment by RCTC
staff.
C. Invoicing should be submitted on a monthly basis for operating projects to ensure funds are
being utilized to the full extent possible. Also, Measure A recipients should be prepared to
provide supporting documentation for the justification of large purchases or irregular
monthly expenses.
D. For Capital requests, backup documentation will be required before an invoice is processed.
E. If a recipient is not able to provide invoices on a timely schedule, RCTC, reserves the right to
pause the contract terms and evaluate if the recipient’s program should continue to receive
Measure A funding.
33
20
F. Invoicing for a subsequent year will not be processed until all monthly, quarterly, and annual
reporting needs are satisfied.
23. M ONTHLY REPORTING
A. Recipients will be required to submit operating data for units of service delivered, persons
served and selected performance measures such as subsidy per passenger, subsidy per
vehicle hour, subsidy per vehicle mile, passengers per vehicle hour, and passengers per
vehicle mile.
B. When a recipient submits their monthly invoice, reporting data for that period is required
prior to invoice approval and payment by RCTC.
C. This data is used to report how Measure A funding is being utilized.
24. QUARTERLY REPORTING
Recipients of funding under this program will be expected to adhere to the following quarterly
reporting needs:
A. Recipients must provide quarterly milestone progress updates based on what was included
in the approved application. Guidance documentation will be provided to each recipient.
B. Recipients must provide quarterly status updates on their project(s). Guidance
documentation will be provided to each recipient.
25. AN NUAL REPORTING
Recipients of funding under this program will be expected to adhere to the following annual
reporting needs:
A. Recipients must comply with the annual consumer satisfaction survey process required by the
executed contract between RCTC and successful applicants. Guidance documentation will be
provided to each recipient.
B. Recipients are required to provide a vehicle fleet inventory list annually. Guidance
documentation will be provided to each recipient.
26. BUDGET MODIFICATIONS
Budget projections and cost allocation plans are provided to RCTC during the Call for Projects
application process and for three years. Recipients are able to request changes to its budget as
needed each fiscal year. There are formal and administrative budget modifications.
A. Formal Budget Modifications:
a. Requests in Measure A funding above what the Commission approved;
34
21
b. Moving funding between operating and capital programs or vice versa; and
c. Change in the percent of matching funds for an operating or capital project.
Prior to requesting a formal budget modification, recipients should reach out to RCTC staff on the
best way to proceed. In addition, recipients will need to provide a letter and justification that will
be provided to the Commission for consideration. Upon Commission approval of a formal budget
modification, staff will forward the approved changes to the recipient.
B. Administrative budget modifications include anything not included in the formal budget
modifications.
Administrative budget modification requests are to be provided in writing and have justification
for the changes. End of year budget modifications should be provided with the final June invoice.
After the June invoice is processed, end of year budget modifications will not be processed. Once
a written request is provided to RCTC, staff will provide the necessary documentation to
accommodate the budget modification. RCTC staff will review the request and approve or deny
the request depending on the justification provided.
C. Updated indirect costs justification will need to be provided upon completion of the annual
audit to ensure proportionality between the agency’s primary mission and the transportation
component utilizing Measure A funding. This may require a budget modification annually.
27. RECIPIENT MEETINGS AND PLANNING PARTICIPATION
Recipients of funding under this program will be expected to participate in grantee meetings as
requested by RCTC and the specialized transportation planning process. These meetings will be
conducted for the purposes of encouraging and facilitating coordination between transportation
programs, improving the efficiency and effectiveness of services being operated, continuing to
identify gaps between services and needs for additional services, and general transportation
provider capacity-building. Additionally, activities related to the specialized transportation
planning process includes outreach activities and participation related to the development of the
Coordinated Plan. Grantees may also be invited for membership or participation in RCTC’s Citizens
and Specialized Transit Advisory Committee (CSTAC) to advise and provide feedback on transit
issues in Riverside County.
28. A NNUAL AU DIT
Each recipient receiving an allocation of Measure A revenue shall undergo an annual financial
assessment, currently consisting of agreed upon procedures performed by an audit firm engaged
by RCTC’s finance department. The agreed upon procedures will be conducted to ensure that
each recipient is expending funds in accordance with the provisions and guidelines established
for Measure A revenue.
35
22
29. C OMPLIANCE AND PERFORMANCE SITE VISIT
RCTC in coordination with consultant services will coordinate at least one site visit during the
contract period with each recipient. Typically, these site visits will be held in the second year of
the call for projects. The evaluations will be conducted through an on-site visit at each agency
with a review of functional areas of each service. Each site visit will be scheduled in advance and
recipients will be provided with a performance and oversight invitation packet that includes the
purpose of the site visit; a checklist of items to collect, a summary of the previous cycle’s
evaluation report; and an interview guide to help them prepare for the visit.
The objectives of the site visit are to:
1. Support RCTC’s oversight responsibility for the Measure A Specialized Transit Program;
2. Ensure that the voter directive of providing transportation support for persons with
disabilities, seniors and persons of limited means is being followed; and
3. Seek opportunities to implement funding program improvements and support greater
efficiency of provided services.
RCTC uses the information from the site visits to continuously improve the Measure A Program.
36
FISCAL YEARS 2024/25 – 2026/27MEASURE A SPECIALIZED TRANSIT PROGRAM
Eric DeHate, Transit Manager
1
Western Riverside Programs & Projects Committee
January 22, 2024
2
Targets seniors, persons with disabilities, low-income populations, or
those that are “truly needy” that cannot be served on the existing
transportation network
Support expansion and extension of services for areas/special
populations without alternate service options
Program Overview
3
Funding Availability
4
Fiscal Years 2024/25-2026/27
Fiscal Year Total
2025 $4,289,000
2026 $4,375,000
2027 $4,463,000
TOTAL $13,127,000
Proposed Changes to the Guidelines
5
Matching Funds – Allow flexibility for transportation-only
programs to receive a lower match requirement
Eligible Projects Type – Voucher programs can only be used for
fixed-route services for regional programs.
Eligible Project Costs – Additional requirement for organizations
that are not a transportation-only focused to provide an indirect
cost methodology.
Scoring Criteria - Separated scoring criteria for replacement and
expansion vehicles.
Grant Reporting– Added a new section “Post Award Guidance”
Staff Recommendations
6
1.Approve the Fiscal Years 2024/25 – 2026/27 Measure A
Specialized Transit Program Guidelines; and
2.Direct staff to release the Fiscal Years 2024/25 – 2026/27
Measure A Specialized Transit Call for Projects for
$13,127,000 for Western Riverside County on February
14, 2024.
AGENDA ITEM 8
Agenda Item 8
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: January 22, 2024
TO: Western Riverside County Programs and Projects Committee
FROM: Jeff Dietzler, Capital Projects Manager
THROUGH: David Thomas, Toll Project Delivery Director
SUBJECT:
Amendment to Agreement with Nossaman LLP for On-Call Strategic
Partnership Advisor Services for the Interstate 15 Express Lanes Project
Southern Extension
STAFF RECOMMENDATION:
This item is for the Committee to recommend the Commission take the following action(s):
1) Approve Agreement No. 06-66-028-16, Amendment No. 13 to Agreement
No. 06-66-028-00, with Nossaman LLP (Nossaman) for the on-call strategic partnership
advisor services to support the Interstate 15 Express Lanes Project Southern Extension
(I-15 ELPSE), extend the contract term to December 31, 2030, and augment the
agreement in the amount of $3,030,508, plus a contingency amount of $350,000, for an
additional amount of $3,380,508 for a total amount not to exceed $19,383,443;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute
the agreement on behalf of the Commission; and
3) Authorize the Executive Director or designee to approve the use of the contingency
amount as may be required for the project.
BACKGROUND INFORMATION:
In February 2006, following a competitive procurement process, the Commission approved an
agreement with Nossaman for the purpose of providing strategic partnership advisor services for
innovative project financing and evaluation of potential toll road corridors in Riverside County,
specifically the State Route 91 Corridor Improvement Project (91 Project) and the Interstate 15
Express Lanes Project (I-15 ELP).
Nossaman has been integral in supporting the Commission’s Toll Program since 2006 including
assisting with a myriad of agency agreements and funding applications. Nossaman has also been
essential in assisting the Project and Construction Management team in the development and
execution of the various design-build procurement documents such as the request for
qualifications, risk allocation workshops, design-build contract, contract industry review process,
and proposal evaluations, selection, and negotiations for the 91 Project, the I-15 ELP, and the
Interstate 15/State Route 91 Express Lanes Connector Project (15/91 ELC).
37
Agenda Item 8
DISCUSSION:
On March 27, 2023 the I-15 Ad Hoc Committee approved the use of the Progressive Design-Build
(PDB) project delivery method and the procurement of a Project and Construction Management
team for the I-15 ELPSE. Staff have procured and the Commission will soon be awarding the
project and construction management services contract in support of the I-15 ELPSE PDB
delivery. Specialized legal services are now needed to support staff and the Project and
Construction Management team for the development of the PDB procurement documents.
Nossaman has provided the legal support on all the Commission’s successful design-build
procurements and contract implementation including the 91 Project, I-15 ELP, and the 15/91 ELC.
The 91 Project was the first design-build contract in the state utilizing authority granted by AB
2098. The I-15 ELP and 15/91 ELC were implemented under its successor bill, AB 401. The
complex requirements of both the Commission and Caltrans included in those bills necessitated
strict compliance with legislative intent. Nossaman developed the contract requirements that
led to successful implementation of AB 2098 and AB 401 for the aforementioned Commission
projects. The I-15 ELPSE will require developing a new PDB contract with Caltrans but is expected
to leverage our prior Nossaman design-build contract framework. Furthermore, Nossaman has
expertise with developing PDB contracts in California. This is familiar territory with the same
Nossaman team that will be supporting the I-15 ELPSE PDB contract development. Staff
recommends moving forward with the legal support services utilizing the Commission’s on-call
strategic partnership advisor services contract with Nossaman as it is in the public’s best interest
to utilize the legal framework and expertise that is at the foundation of three successful design-
build procurements and contracts implemented by the Commission.
Amendment No. 13 to Agreement No. 06-66-028-00 includes the scope, cost, and assumed
duration to complete the procurement and contract administration services by Nossaman for the
I-15 Express Lanes Project Southern Extension. Staff developed and negotiated with Nossaman
the following scope of services, as further described in Exhibit A to the attachment, related to
the procurement and contract administration of the I-15 Express Lanes Project Southern
Extension:
PROCUREMENT PHASE
• Assist with agreements and negotiations with Caltrans, Federal Highway Administration,
and other agency stakeholders;
• Lead in drafting procurement documents;
• Lead in responding to proposer questions;
• Lead the selection, negotiations, and award process; and
• Lead with analysis, response and defense to any bid, proposal, or award protests.
CONTRACT ADMINISTRATION PHASE
• Develop and administer contract administration training workshops for the Commission
and technical advisory staff;
38
Agenda Item 8
• Assist with contract interpretation, analysis, and administration during the design and
construction phase; and
• Assist with change order and claims management.
The amendment also extends the agreement term to December 31, 2030, or the anticipated
completion of construction of the I-15 ELPSE. This approach is consistent with previous
Commission toll projects and provides continuity of legal counsel through the procurement and
contract administration phase.
The schedule milestones for the next phases of the I-15 ELPSE are as follows:
Award Progressive Design-Build Contract Summer 2025
Start of Construction 2026
I-15 ELPSE open to traffic 2030
FISCAL IMPACT:
Pursuant to the scope and fee proposed by Nossaman to support the I-15 ELPSE PDB project
(included in the attachment as Exhibits “A” Scope of Services and Exhibit “B” Compensation
Summary), this amendment is valued at $4,650,000 with a proposed $350,000 in requested
contingency. Currently, the Nossaman Agreement No. 06-66-028-00 contains $1,076,492 of
remaining unused contract authority in their contract plus an additional $540,000 of unused
Commission approved contingency for a total of $1,619,492 of Commission authorized budget
available. This staff report proposes to add $3,030,508 of budgetary authority and $350,000 of
contingency.
Staff recommends the Commission approve Agreement No. 06-66-028-16, Amendment No. 13
to Agreement No. 06-66-028-00, with Nossaman for the on-call strategic partnership advisor
services, extend the contract term to December 31, 2030, and augment the agreement in the
amount of $3,030,508, plus a contingency amount of $350,000, for an additional amount of
$3,380,508 for a total amount not to exceed $19,383,443;
Further, staff recommends the Commission authorize the Chair or Executive Director, pursuant
to legal counsel review, to execute the agreement on behalf of the Commission and authorize
the Executive Director or designee to approve the use of the contingency amount as may be
required for the project.
39
Agenda Item 8
Financial Information
In Fiscal Year Budget: Yes
Year: FY 2023/24
FY 2024/25+ Amount: $400,000
$2,980,508
Source of Funds: Measure A Budget Adjustment: No
GLA No.: 003044 65102 00000 0000 262 31 65102
Fiscal Procedures Approved:
Date: 01/11/2024
Attachment: Agreement No. 06-66-028-16 with Nossaman LLP
40
l 7336.02101\32219755.4
Agreement No. 06-66-028-16
AMENDMENT NO. 13 TO
AGREEMENT FOR STRATEGIC PARTNERSHIP ADVISOR SERVICES
WITH NOSSAMAN LLP
1. PARTIES AND DATE
This Amendment No. 13 to the Agreement for Strategic Partnership Advisor
Services is made and entered into as of this _____ day of______________, 2024, by
and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION
("Commission") and NOSSAMAN LLP ("Consultant").
2. RECITALS
2.1 The Commission and the Consultant have entered into an agreement
dated April 10, 2006 for the purpose of providing Strategic Partnership
Advisor Services (as amended, the "Master Agreement"). The not to
exceed amount of the Master Agreement is set at One Hundred Fifty
Thousand Dollars ($150,000).
2.2 The Commission and the Consultant have entered into an Amendment
No. 1 to the Master Agreement, dated July 27, 2006, for the purpose of
increasing the not to exceed amount of the Master Agreement by Seventy
Five Thousand Dollars ($75,000).
2.3 The Commission and the Consultant have entered into an Amendment
No. 2 to the Master Agreement, dated October 26, 2006, for the purpose
of reducing the not to exceed amount of the Master Agreement by Fifty
Thousand Dollars ($50,000).
2.4 The Commission and the Consultant have entered into an Amendment
No. 3 to the Master Agreement, dated April 9, 2007, for the purpose of
increasing the not to exceed amount of the Master Agreement by One
Hundred Fifty Thousand Dollars ($150,000).
2.5 The Commission and the Consultant have entered into an Amendment
No. 4 to the Master Agreement, dated February 8, 2008, for the purpose
of incorporating additional services into the Scope of Services of the
41
17336.02101 \32219755.4
Master Agreement, modifying the Consultant's hourly billing rates,
extending the term and increasing the total not to exceed amount of the
Master Agreement by Two Hundred Fifty Thousand Dollars ($250,000).
2.6 The Commission and the Consultant have entered into an Amendment
No. 5 to the Master Agreement, dated July 16, 2008, for the purpose of
making consulting services available to the San Bernardino Associated
Governments through the Master Agreement.
2.7 The Commission and the Consultant have entered into an Amendment
No. 6 to the Master Agreement, dated January 27, 2010 and Amended
and Restated Amendment No. 6 to the Master Agreement, dated March
10, 2010, for the purpose of increasing the total not to exceed amount of
the Master Agreement by Eight Hundred Thousand Dollars ($800,000)
and to modify the Consultant's hourly billing rates.
2.8 The Commission and the Consultant have entered into an Amendment
No. 7 to the Master Agreement, dated December 21, 2010, for the
purpose of increasing the total not to exceed amount of the Master
Agreement by Two Million EightyThree Thousand ThirtyFive Dollars
($2,083,035).
2.9 The Commission and the Consultant have entered into an Amendment
No. 8 to the Master Agreement, dated February 9, 2012, for the purpose
of increasing the total not to exceed amount of the Master Agreement by
One Million Eight Hundred SeventyEight Thousand Nine Hundred Dollars
($1,878,900), and extending the term (the "Third Extended Term") to end
February 9, 2014, unless earlier terminated as provided in the Master
Agreement.
2.10 By letter dated May 22, 2013 ("Contingency Release Letter''), the
Commission authorized the release of Board allocated contingency funds
in the sum of Three Hundred Seventy Six Thousand Dollars ($376,000) to
cover Extra Work, as that term is defined in the Master Agreement.
2.11 The Commission and the Consultant have entered into an Amendment
No. 9 to the Master Agreement, dated August 26, 2013, to identify the
Contingency Release letter within the formal amendments to the Master
Agreement, increasing the total not to exceed amount of the Master
Agreement by Two Million Four Hundred Thousand Dollars ($2,400,000),
and extending the term (the "Fourth Extended Term") to end March 9,
2018, unless earlier terminated as provided in the Master Agreement.
2.12 The Commission and the Consultant have entered into an Amendment
No. 10 to the Master Agreement, dated July 19, 2016, to amend the
42
17336.02101 \32219755.4
Master Agreement, increasing the total not to exceed amount of the
Master Agreement by Five Million Seven Hundred Thousand Dollars
($5,700,000), and extending the term (the "Fifth Extended Term") to end
December 31, 2020, unless earlier terminated as provided in the Master
Agreement to provide procurement and contract administration services
for the 115 Express Lanes Project.
2.13 The Commission and the Consultant have entered into an Amendment No.
11 to the Master Agreement, dated September 30, 2019, to extend the term
(the “Sixth Extended Term”) to end December 31, 2023, include additional
services, and provide additional compensation for the support of the 15/91
Express Lanes Connector Project (“15/91 ELC”).
2.14 The Commission and the Consultant have entered into an Amendment No.
12 to the Master Agreement, dated November 15, 2023, to extend the term
(the “Seventh Extended Term”) to end December 31, 2024 unless earlier
terminated as provided in the Master Agreement for the support of the 15/91
Express Lanes Connector Project (“15/91 ELC”).
2.15 The parties now desire to amend the Master Agreement in order to extend
the term, include additional services, and provide additional compensation
for the support of the Interstate 15 Express Lanes Project Southern
Extension (“I15 ELPSE”).
3. TERMS
3.1 The term of the Master Agreement shall be extended for an additional
term (the "Eighth Extended Term") beginning on December 31, 2024 and
ending on December 31, 2030, unless earlier terminated as provided in
the Master Agreement.
3.2 The Services, as defined in the Master Agreement, shall be amended to
include the services and work required for the I15 ELPSE, as set forth in
Exhibit “A” attached to this Amendment No. 12 and incorporated herein by
reference.
3.3 The maximum compensation for Services performed pursuant to this
Amendment No. 13 shall be $4,650,000 as further set forth in the attached
Exhibit “B”. Work shall be performed at the rates set forth in the Master
Agreement, as previously amended.
3.4 The total nottoexceed amount of the Master Agreement, as previously
amended, and as amended by this Amendment No. 13, shall be increased
from fifteen million, three hundred twelve thousand, nine hundred thirty five
dollars ($15,312,935) to eighteen million, eight hundred eighty three
thousand, four hundred and forty three dollars ($18,883,443).
43
17336.02101 \32219755.4
3.5 The recitals set forth above are true and correct and are incorporated into
this Amendment No. 13 by reference as though fully set forth herein.
3.6 This Amendment No. 13 shall be governed by the laws of the State of
California. Venue shall be in Riverside County.
3.7 This Amendment No. 13 may be signed in counterparts, each of which
shall constitute an original.
3.8 Except as amended by this Amendment, all provisions of the Master
Agreement, as amended by Amendment Nos. 1 through No. 12, including
without limitation the indemnity and insurance provisions, shall remain in
full force and effect and shall govern the actions of the parties under this
Amendment.
[SIGNATURES ON FOLLOWING PAGE]
44
17336.02101132219755.4
SIGNATURE PAGE TO
AMENDMENT NO. 13 TO
AGREEMENT FOR STRATEGIC PARTNERSHIP ADVISOR SERVICES
WITH NOSSAMAN LLP
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as
of the date first herein above written.
RIVERSIDE COUNTY NOSSAMAN LLP
TRANSPORTATION COMMISSION
By: _____________________________ By: _________________________
Anne Mayer, Executive Director Signature
__________________________
Name
__________________________
Title
APPROVED AS TO FORM: ATTEST:
By: _____________________________ By: ________________________
Best Best & Krieger LLP
Counsel to the Riverside County Its: ________________________
Transportation Commission
* 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
the Commission.
45
62405876.v1
EXHIBIT “A”
NOSSAMAN SCOPE OF SERVICES
I-15 ELPSE
In support for the progressive design-build procurement (“PDB”) of the I-15 Express Lanes
Project Southern Extension (“Project”), NOSSAMAN LLP (“Nossaman”) will provide the
following services:
PRE-PROCUREMENT PHASE – PHASE 1
· Assess legal authority and constraints/requirements for PDB procurement of Project;
· Provide input on procurement strategy for Project;
· Provide input to RCTC and PCM on Project procurement schedule and workplan;
· Undertake lessons learned workshop re: I-15 ELC;
· Undertake risk allocation workshop related to PDB Contract risk allocation;
· Assist with preparation of release of request for expressions of interest and review of
submittals received in connection with RFEI;
· Assistance with any SEP-14 with FHWA regarding the Project;
· Coordinate with and among co-consultants, including PCM; and
· Other Project-related tasks requested and directed by the RCTC to implement the
procurement and Project
RFQ PHASE – PHASE 2
· Draft and revise RFQ any RFQ addenda;
· Provide input, draft procurement-related answers and manage Q&A process for RFQ
· Participate in document drafting meetings;
· Participate in weekly team calls as requested and directed by RCTC;
· Draft and revise evaluation manual for Statements of Qualification (“SOQ”) evaluation;
· Assist with the administration of the SOQ evaluation, including support of pass/fail and
responsiveness evaluation, subcommittee and evaluation and selection recommendation
committee (“ESRC”) meetings and evaluation, and documentation of evaluation process;
· Support debriefs of non-Short-Listed Proposers;
· Coordinate with and among co-consultants, including PCM; and
· Other Project-related tasks requested and directed by RCTC to implement the
procurement and Project.
DOCUMENT PREP AND INDUSTRY REVIEW PHASE – PHASE 3
· Draft and revise industry review protocol agreement;
· Draft and revise Instructions to Proposers (“ITP”) for final issuance;
· Review and comment on technical provisions (“TPs”) drafted by RCTC and/or PCM;
· Draft and comment on Q&A regarding industry review documents;
· Draft and revise PDB Contract for final issuance;
· Participate in document drafting meetings;
46
62405876.v1
· Participate in one set of one on one meetings;
· Coordinate with and among co-consultants, including PCM;
· Participate in weekly team calls as requested and directed by RCTC; and
· Other Project-related tasks requested and directed by RCTC to implement the
procurement and Project.
RFP PHASE (INCLUDING EVALUATION/AWARD) – PHASE 4
· Review and revise drafts of ITP;
· Review and revise drafts of the PDB Contract;
· Review and comment on TPs drafted by RCTC and/or PCM;
· Revise drafts of ITP and PDB Contract for issuance and assist with any addenda relating
to ITP and PDB Contract;
· Draft and comment on Q&A regarding RFP Documents;
· Participate in document drafting meetings;
· Participate in two set of one on one meetings;
· Draft and revise evaluation manual for Proposal evaluation;
· Assist with the administration of the Proposal evaluation, including support of pass/fail
and responsiveness evaluation, subcommittee and evaluation committee(s) meetings
and evaluation, and documentation of evaluation process;
· Support debriefs of unsuccessful Proposers;
· Coordinate with and among co-consultants, including PCM; and
· Other Project-related tasks requested and directed by RCTC to implement the
procurement and Project.
PHASE 5 – NEGOTIATIONS AND AWARD OF PHASE 1 (PRE-CONSTRUCTION SERVICES)
· Assist with negotiations with preferred Proposer and legal aspects of award process;
· Revise and finalize PDB Contract;
· Assist with conformance of TPs;
· Track and review preferred proposer post-selection deliverables, including corporate
documents, authorization documents, required legal opinions, bonds and insurance;
· Assist with commercial close (execution) of the PDB Contract, including review of
documentation satisfying conditions to award;
· Support of Commission approval process and staff reports;
· Assist with NTP issuance process, including review of documentation satisfying
conditions to issuance of NTP;
· Coordinate with and among co-consultants, including PCM; and
· Other Project-related tasks requested and directed by RCTC to implement the
procurement and Project.
PHASE 6 – GENERAL CONTRACT ADMINISTRATION – PHASE 1 (PRE-CONSTRUCTION
SERVICES)
· Provide PDB Contract training presentation to RCTC/PCM staff focusing on Phase 1;
· As requested, participate in regularly scheduled contract administration calls;
· Assist with PDB Contract interpretation, analysis and administration issues;
· Assist with change order, claims management strategy;
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· Review, analyze and respond to design-builder change order requests;
· Review, analyze and research RCTC/PDB change order requests;
· Assist in drafting of, review and negotiation of change orders;
· Assist with prosecution/defense of any Contract disputes;
· Coordinate with and among co-consultants, including PCM; and
· Other Project-related tasks directed by RCTC and/or PCM to implement the Project.
PHASE 7 – NEGOTIATION OF GMP/PHASE 2 (FINAL DESIGN AND CONSTRUCTION)
AMENDMENTS (TO BE UNDERTAKEN 4 TIMES (4 PROJECT SEGMENTS))
· Assist with development of overall negotiating strategy for Phase 2 GMP Amendment;
· Advise RCTC during the negotiations for the Phase 2 GMP Amendment;
· Assist in the preparation of the Phase 2 GMP Amendment (including amendments to the
PDB Contract) to address issues raised during negotiations;
· Finalize the negotiated Phase 2 GMP Amendment;
· Assist in the preparation of a Commission Report regarding the Phase 2 GMP
Amendment. Assist RCTC and PCM with any materials for approval of contract award;
· Coordinate with and among co-consultants, including PCM; and
· Other Project-related tasks directed by RCTC and/or PCM to implement the Project.
PHASE 8 – GENERAL CONTRACT ADMINISTRATION (PHASE 2 – FINAL DESIGN AND
CONSTRUCTION) (TO BE UNDERTAKEN 4 TIMES (4 PROJECT SEGMENTS))
· Assist with review of documentation related to issuance of NTP for design and
construction;
· Provide PDB Contract training presentation to RCTC/PCM staff focusing on Phase 2;
· As requested, participate in regularly scheduled contract administration calls;
· Assist with PDB Contract interpretation, analysis and administration issues;
· Assist with change order, claims management strategy;
· Review, analyze and respond to design-builder change order requests;
· Review, analyze and research RCTC/PDB change order requests;
· Assist in drafting of, review and negotiation of change orders;
· Assist with prosecution/defense of any Contract disputes;
· Coordinate with and among co-consultants, including PCM; and
· Other Project-related tasks directed by RCTC and/or PCM to implement the Project.
BUDGET ESTIMATE
Total budget: $4,800,000 - $5,000,000 (including expenses)
Rough estimates allocation across fiscal years:
· FY 23-24 (7/1/23-6/30/24) - $400k
o Primarily covering pre-procurement work, including start of development of RFQ
and any SEP-14
· FY 24-25 (7/1/24-6/30/25) - $1.5 mm
o Primarily covering procurement work
· FY 25-26 (7/1/25-6/30/26) - $800k
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o Covering remainder of procurement/award process, beginning of general contract
administration (Phase 1), and beginning of Phase 2 amendment process for
Segment 0;
· FY 26-27 (7/1/26-6/30/27) - $750k
o Covering ongoing general contract administration (Phase 1), Phase 2 amendment
process for Segment 1 and ongoing contract administration (Phase 2 for Segment
0)
· FY 27-28 (7/1/27-6/30/28) - $550k
o Covering ongoing general contract administration (Phase 1), Phase 2 amendment
process for Segment 2 and Segment 3 and ongoing contract administration
(Phase 2 for Segments 0, 1 and 2)
· FY 28-29 (7/1/28-6/30/29) - $500k
o Covering ongoing general contract administration (Phase 1), Phase 2 amendment
process for Segment 3 and ongoing contract administration (Phase 2 for
Segments 1, 2 and 3)
· FY 29-30 (7/1/29-6/30/30) - $150k
o Covering ongoing general contract administration (Phase 2 for Segments 2 and 3)
· Contingency: $150k-$350k
PRELIMINARY ASSUMPTIONS
● Work will be undertaken commencing February 2024 through fiscal year 29-30 (ending June
30, 2030);
● RFEI to be prepared by PCM, with Nossaman review and comment;
● Procurement will be PDB, using primarily quals based selection criteria;
● Single procurement for one PDB Contractor;
● Procurement to last approximately one year and commence summer of 2024 through
summer of 2025;
● Procurement will be a 2 phase – RFQ and RFP procurement (or if not permitted, an interim
quals phase under an RFQ/RFP);
● Shortlist of no more than 3 teams;
● RFQ shall have 3 drafts before release and one addenda;
● Industry review RFP and Contract shall have 3 drafts before release;
● Industry review shall have one set of one-on-one meeting;
● Final RFP shall have 2 drafts before release and two addenda;
● Two sets of one on one meetings following final RFP release;
● Technical Provisions to be drafted by PCM, with Nossaman review and comment;
● 4 separate PDB segments of the Project, resulting in 4 separate Phase 2 negotiations and
amendments;
● PDB Contract will include core terms and conditions and risk allocations applicable to Phase
2 (design/construction) of the Project segments;
● Phase 2 amendments will utilize a generally consistent form and set of provisions;
● PCM and the RCTC personnel properly performing their respective scopes of work
● Phases are not fully sequential and there will be overlap among work in Phases;
● Although part of scope, budget estimate excludes legal fees relating to the following items
(budget amendment to subcontract would be required):
○ SOQ or Proposal protests or other procurement challenges;
○ A Proposal Revision/Best and Final Offer (BAFO);
○ Developing programmatic documents or streamlining documents;
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62405876.v1
○ Litigation assistance;
○ Dispute board/dispute resolution assistance; and
○ Assistance on major or numerous change orders and/or contract amendments
● Insurance issues will be addressed by the RCTC or a third party insurance advisor
contracted to someone other than Nossaman;
● Fiscal year estimates are simply estimates to assist RCTC with general budgeting and are
not binding or limits on the actual fees/expenses that may be incurred (the overall budget is
the limit). Actual fees/expenses in a particular year will likely vary and funds not used in a
particular fiscal year shall remain authorized and available for succeeding fiscal years; and
● Total budget estimate is an estimate and not a guaranty or a cap on fees and expenses;
provided that Nossaman may not exceed the budget estimate/authorized budget without an
amendment to the subcontract.
50
FIRM PROJECT TASKS/ROLE COST
Nossaman ELPSE Legal / Procurement Services 4,650,000.00$
n/a n/a
4,650,000.00
-
4,650,000.00$
EXHIBIT "B"
COMPENSATION SUMMARY1
Prime Consultant:
Sub Consultants:
SUBTOTAL
NOSSAMAN COMPENSATION
OTHER DIRECT COSTS
TOTAL 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.
51
I-15 Express Lanes Project –
Southern Extension (ELPSE)
Western Riverside County Programs and Projects Committee
January 22, 2024
Jeff Dietzler, Capital Projects Manager
1
SPECIALIZED LEGAL SERVICES
2
ELPSE Project Scope
•Dual express lanes in median
•Limits: Cajalco Road to SR-74
•$650 million total capital cost
3
Previous Commission Actions Summary
•March 2023 I-15 Ad Hoc Committee:
–Further develop Progressive Design-Build project delivery
–Procure Project and Construction Management (PCM) services
•December 2023 Commission:
–Award PCM services contract to Parsons
Nossaman Background
4
•In 2006, Commission awarded Strategic Partnership Advisor Services –
SR-91 and I-15 corridors
•Nossaman has been integral to Commission toll program project delivery:
–SR-91 Corridor Improvement Project
–I-15 Express Lanes Project
–15/91 Express Lanes Connector
•Utilizing Nossaman is in the public’s best interest:
–Successful history on Commission’s Design-Build projects
–Proposed ELPSE contract to utilize previous project design-build contract format
–Progressive Design-Build experience in California
Funding / Budget Adjustment
5
•Current Nossaman Agreement:
$1,076,492 of remaining unused contract authority
$540,000 of unused contingency
$1,619,492 total Commission contract authority available
•Proposed Nossaman Cost for ELPSE:
$4,650,000
$350,000 contingency
$5,000,000 total
•Propose to add $3,030,508 of contract authority and $350,000 of
contingency for the ELPSE project.
Staff Recommendation
6
1)Approve Amendment No. 13 to Agreement No. 06-66-028-00, with Nossaman
for the on-call strategic partnership advisor services to support the I-15
ELPSE, extend the contract term to December 31, 2030, and augment the
agreement in the amount of $3,030,508, plus a contingency amount of
$350,000, for an additional amount of $3,380,508 for a total amount not to
exceed $19,383,443;
2)Authorize the Chair or Executive Director, pursuant to legal counsel review,
to execute the agreement, on behalf of the Commission; and
3)Authorize the Executive Director, or designee, to approve contingency work
up to the total not to exceed amount as required for these services
QUESTIONS/DISCUSSION
7
AGENDA ITEM 9
Agenda Item 9
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: January 22, 2024
TO: Western Riverside County Programs and Projects Committee
FROM: Joie Edles Yanez, Capital Projects Manager
THROUGH: Erik Galloway, Project Delivery Director
SUBJECT: Agreement for Plans, Specifications, & Estimates for the Interstate 15 Franklin
Street Interchange Project
STAFF RECOMMENDATION:
This item is for the Committee to recommend the Commission take the following action(s):
1)Award Agreement No. 24-72-028-00 to HDR Engineering Inc. for plans, specifications, &
estimates (PS&E) for the Interstate 15 Franklin Street Interchange Project in the amount
of $8,759,405, plus a contingency amount of $875,941, for a total amount not to exceed
$9,635,346;
2)Authorize the Chair or Executive Director, pursuant to legal counsel review, to finalize and
execute the agreement, on behalf of the Commission; and
3)Authorize the Executive Director, or designee, to approve contingency work up to the
total not to exceed amount as required for these services.
BACKGROUND INFORMATION:
The I-15 Franklin Street Interchange Project (Project) proposes to design and build a new freeway
connection interchange north of the existing Franklin Street overcrossing. The Project is Phase II
of the overall I-15 improvement projects in the city of Lake Elsinore (City), with Phase I being the
I-15 Railroad Canyon Road Interchange Project, which completed construction in the fall of 2022
and is now fully operational. The Riverside County Transportation Commission (RCTC) at its
September 13, 2023, Commission Meeting, approved Cooperative Agreement No. 24-31-023-00
between the City and RCTC to establish the Commission as the lead agency for the PS&E phase,
as well as identify the obligations and responsibilities of each agency. The agreement also
identified funding for this phase in the amounts of $9,500,000 from the Western Riverside
Council of Governments (WRCOG) local Transportation Uniform Mitigation Fees (TUMF), and
$3,000,000 in local funds from the City, for a total amount of $12,500,000.
The Project will be designed in accordance with Caltrans standards and at the completion of
construction will become part of the state highway system.
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Agenda Item 9
In cooperation with the City and Caltrans, the Project began the procurement process to enlist
the services of a professional and best qualified engineering firm to work on the PS&E and right
of way (ROW) engineering phases of the Project.
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-
based method of selection for the procurement. The evaluation criteria included elements such
as firm experience and stability, quality and experience of project manager, quality and
experience of key personnel, project understanding and approach, and the ability to respond to
the requirements set forth under the terms of a request for qualifications (RFQ).
RFQ No. 24-72-028-00 for PS&E for the Project was released by staff on September 21, 2023. The
RFQ was posted on the Commission’s Planet Bids website, which is accessible through the
Commission’s website. Through Planet Bids, 78 firms downloaded the RFQ; 12 of these firms are
located in Riverside County. A pre-submittal meeting was held on October 5, 2023, and was
attended by 18 firms. Staff responded to all questions submitted by potential proposers prior to
the October 12, 2023, clarification deadline. Three firms – HDR Engineering, Inc. (Riverside); T.Y.
Lin International (Ontario); and TranSystems (Santa Ana) – submitted responsive and responsible
statements of qualifications prior to the 2:00 p.m. submittal deadline on November 2, 2023.
Based on the evaluation criteria set forth in the RFQ, the firms were evaluated and scored by an
evaluation committee comprised of Commission, Caltrans, and City of Lake Elsinore 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 all three firms
(HDR Engineering, Inc., T.Y. Lin International, and TranSystems) to the interview phase of the
evaluation and selection process. Interviews were conducted on November 29, 2023.
The evaluation committee conducted a subsequent evaluation of each firm, based on both
written and interview components presented to the evaluation committee by each proposer.
The evaluation committee recommends contract award to HDR Engineering, Inc. for PS&E for the
I-15 Franklin Street Interchange Project, as this firm earned the highest total evaluation score.
Subsequently, staff negotiated the scope of services (including the appropriate level of effort,
labor categories, etc.), schedule, and cost from HDR Engineering, Inc. for the PS&E for the Project
and established a fair and reasonable price. As part of the procurement process for architectural
and engineering services, the contract is subject to a pre-award audit. The proposed cost is
$8,759,405 and may change slightly as a result of the pre-award audit. Staff recommends award
of Agreement No. 24-72-028-00 for PS&E for the Project in the amount of $8,759,405, plus a
contingency amount of $875,941, for a total amount not to exceed $9,635,346. 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 Project, and authorization of the
53
Agenda Item 9
Executive Director, or designee, to approve contingency work up to the total not to exceed
amount as required for these services.
FISCAL IMPACT:
The proposed contract with HDR engineering including contingency totals $9,635,346. All project
cost will be borne by the City, and the Commission will be reimbursed for all its costs associated
with the Project, including those for internal costs and the consultant. Specifically, the City will
reimburse RCTC for projects costs incurred.
There are sufficient funds in the Fiscal Year 2023/24 budget to begin PS&E services. No budget
amendments are required at this time. PS&E will continue to be budgeted for subsequent years
to complete these phases of the Project. Additional funding will be provided by the City for ROW
acquisition, utility relocation, identified RCTC internal costs, and construction phases.
Expenditure Schedule
Item FY 2023/24 FY 2024/25+ Total Amount Fund Source
1 PS&E + Contingency $589,900 $9,045,445 $9,635,346 Local City
2 ROW 0 $1,924,655 $1,924,654 Local City
3 Internal Costs (RCTC / Bechtel / Legal) $200,000 $740,000 $740,000 Local City
Total $789,900 $11,710,100 $12,500,000
Financial Information
In Fiscal Year Budget: Yes Year: FY 2023/24
FY 2024/25+ Amount: $589,900
$9,045,456
Source of Funds: Local TUMF and Local City Budget Adjustment: No
GL/Project Accounting No.:
Revenue:
005138 41604 210 72 41203 $9,635,346 (Local City)
Expenditure:
005138 81102 210 72 81101 $9,635,346 (Final Design)
Fiscal Procedures Approved: Date: 01/11/2024
Attachments:
1)Executed Commission - City of Lake Elsinore Cooperative Agreement No. 24-31-023-00
2)WRCOG – City of Lake Elsinore TUMF Agreement No. 22-SW-LEL-1204
3)Draft Contract Agreement HDR PS&E Agreement No. 24-72-028-00
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Agreement No. 24-31-023-00
COOPERATIVE AGREEMENT
BETWEEN
RIVERSIDE COUNTY TRANSPORTATION COMMISSION,
CITY OF LAKE ELSINORE
FOR THE INTERSTATE 15 (1-15) FRANKLIN STREET INTERCHANGE PROJECT
PLANS SPECIFICATIONS AND ESTIMATES PHASE
1. Parties and Date.
This Cooperative Agreement is made and entered into this ____ day of ______________,
2023 (“Effective Date”), by and between the Riverside County Transportation
Commission (“RCTC”) and the City of Lake Elsinore (“City”). RCTC and the City are
sometimes referred to herein individually as a “Party” and collectively as the “Parties”.
2. Recitals.
2.1 The Western Riverside Council of Governments (WRCOG) has allocated
$9.5 Million for the Plans, Specifications, and Estimates phase for the I-15 Franklin Street
Interchange Project (“Project”).
2.2 The PS&E phase for the Project includes preparation of the PS&E final
design, right-of-way management, right-of-way acquisitions, and RCTC internal costs
consisting of program management and legal services (“PS&E Phase”)
2.3 WRCOG and City have entered in a funding agreement allocating the above
referenced $9.5 Million to City for the PS&E Phase. An additional $3.0 Million in local
funds from the City will be committed to the PS&E Phase, for a total of $12.5 Million
towards the PS&E Phase.
2.4 The Project is located adjacent to and within the jurisdictional boundaries of
the City of Lake Elsinore and may require improvements to streets within the City.
2.5 The City has requested that RCTC be the lead agency for the PS&E Phase.
2.6 RCTC has agreed to act as the lead agency for the the PS&E Phase.
3. Terms.
3.1 PS&E Phase Work.
A. RCTC shall be the lead agency for the PS&E Phase. RCTC shall
select, retain and oversee consultants to complete the PS&E Phase work and services
including, but not limited to, preparation of the PS&E document. The PS&E Phase work
October24th
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and services shall be funded by the funding sources set forth in Section 2.3 above. The
Parties agree that RCTC shall not have any obligation to fund the PS&E Phase work or
services using its own funds. In the case that additional funds are needed to complete
the PS&E Phase work or services, beyond the funding described in Section 2.3, the City
shall be responsible for identifying and obtaining such additional funding. Allocation of
additional funding shall be by amendment to this Cooperative Agreement or by separate
agreement.
B. RCTC shall complete the PS&E Phase work and services within the
term of this Agreement, as provided in Section 3.2, unless extended by mutual agreement
of the Parties.
C. Funding and responsibilities for any other phases of the Project, or
construction of any portion or all of the Project, shall be by separate agreement.
3.2 Term of Agreement. The term of this Cooperative Agreement shall extend
from the Effective Date and shall remain in effect through December 31, 2030, or until
written agreement by the Parties that the PS&E Phase has been completed, unless earlier
terminated as provided in this Cooperative Agreement.
3.3 Cooperation. RCTC and the City agree to cooperate in the development of
the PS&E document for the Project, completion of the PS&E Phase work and services,
and the implementation of this Cooperative Agreement.
3.4 Reporting. RCTC shall, in a timely manner, provide milestone reports to the
City, detailing the progress of the PS&E Phase work and services.
3.5 Obligations of the City.
A. RCTC shall submit invoices no less frequently than quarterly in any
quarter in which reimbursable expenses are incurred but not to exceed
once per month. The City shall timely review and pay approved invoices
within thirty (30) days. The City shall promptly notify RCTC of any
disputed charges.
B. The City may provide a City oversight engineer or other City staff to
oversee the PS&E Phase work and services at its own cost.
C. The City shall process any City encroachment permits required for the
PS&E Phase at no cost to RCTC or its consultant(s) provided that RCTC
or the consultant(s), as the case may be, submits a complete application
for such encroachment permits consistent with City’s requirements. The
determination on whether the application is complete and whether an
encroachment permit may be issued shall be made by the City in its sole
and absolute discretion pursuant to its municipal code, policies,
procedures, and any other applicable law.
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D. The City shall timely review design plans for the Project including, but
not limited to, the PS&E document and provide any approvals or
comments within thirty (30) days of receipt of the plans. If the City fails
to provide any comments or its approval within said time period, RCTC
shall provide notice to the City Engineer of the City that the design plans
shall be deemed approved by the City if no comments are received
within an additional 15 days. The CITY shall inspect any other PS&E
Phase work or services upon written notice of completion of the work or
services by RCTC to the City, and shall timely provide approval or
identify any nonconformities identified by the City within thirty (30) days,
or such other reasonable period requested by RCTC.
3.6 Obligations of RCTC
A. RCTC shall serve as the lead agency for the PS&E Phase. RCTC shall
be responsible for procuring, retaining and overseeing consultant(s) as
required for completion of the PS&E Phase, or as reasonably necessary
for PS&E Phase completion.
B. RCTC shall provide the City an opportunity to review and approve all
design documents for the Project prior to finalization of such design
document for the Project for public bidding purposes.
C. RCTC shall invoice the City for PS&E Phase expenses incurred in
accordance with this Cooperative Agreement, no less frequently than
quarterly in any quarter in which reimbursable expenses are incurred,
but not to exceed once per month. Invoices submitted to the City shall
be in a form and include such detail as reasonably requested by the City.
D. RCTC shall require that the consultant(s) retained for the PS&E Phase
include the City as an additional insured and indemnified party under
RCTC’s agreements with the consultant(s).
3.7 Mutual Indemnification.
A. RCTC shall, at its sole cost and expense, indemnify, defend and hold
the City, its officials, officers, employees, consultants and agents free and harmless from
any and all claims, demands, causes of action, costs, expenses, liabilities, losses,
judgments, penalties, damages or injuries, in law or in equity, to property or persons,
including wrongful death, whether actual, alleged or threatened, which arise in any
manner out of, pertain to, or relate to, in whole or in part, to any negligent acts, omissions
or breach of law, recklessness, or willful misconduct of RCTC, its officials, officers,
employees, agents, consultants or contractors in the performance of RCTC’s obligations
under this Cooperative Agreement, including but not limited to the payment of expert
witness fees and reasonable attorneys’ fees and costs.
B. The City shall, at its sole cost and expense, indemnify, defend and
hold RCTC and its officials, officers, employees, consultants and agents free and
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harmless from any and all claims, demands, causes of action, costs, expenses, liabilities,
losses, judgments, penalties, damages or injuries, in law or in equity, to property or
persons, including wrongful death, whether actual, alleged or threatened, which in any
manner arise out of, pertain to, or relate to, in whole or in part, to any negligent acts,
omissions or breach of law, recklessness, or willful misconduct of City, its officials,
officers, employees, agents, consultants or contractors in the performance of City
obligations under this Cooperative Agreement, including but not limited to the payment of
expert witness fees and reasonable attorneys’ fees and costs.
3.8 Amendments. The terms and conditions of this Cooperative Agreement
shall not be altered or modified at any time except by a written amendment executed by
the mutual consent of the Parties by an instrument in writing.
3.9 Waiver. No delay or omission in the exercise of any right or remedy of a
non-defaulting Party on any default shall impair such right or remedy or be construed as
a waiver. No consent or approval of either Party shall be deemed to waive or render
unnecessary such Party’s consent to or approval of any subsequent act of the other Party.
Any waiver by either Party of any default must be in writing and shall not be a waiver of
any other default concerning the same or any other provision of this Cooperative
Agreement.
3.10 Severability. In the event that any one or more of the phrases, sentences,
clauses, paragraphs, or sections contained in this Cooperative Agreement shall be
declared invalid or unenforceable by valid judgment or decree of a court of competent
jurisdiction, such invalidity or unenforceability shall not affect any of the remaining
phrases, sentences, clauses, paragraphs, or sections of this Funding Agreement, which
shall be interpreted to carry out the intent of the parties hereunder.
3.11 Survival. All rights and obligations hereunder that by their nature are to
continue after any expiration or termination of this Cooperative Agreement, shall survive
any such expiration or termination.
3.12 RCTC Disclaimer. In no event shall RCTC be responsible or liable for the
quality, suitability, operability or condition of any design or construction by the Project
consultants or the contractor, as applicable, and RCTC expressly disclaims any and all
express or implied representations or warranties with respect thereto, including any
warranties of suitability or fitness for use.
3.13 Third Party Beneficiaries. There are no third-party beneficiaries to this
Cooperative Agreement.
3.14 Termination. Any Party may terminate this Cooperative Agreement by
giving thirty (30) days written notice thereof.
3.15 Assignment or Transfer. The Parties shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Cooperative Agreement or any interest
herein without the prior written consent of the other Parties. Any attempt to do so shall
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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.
3.16 Binding Effect. Each and all of the covenants and conditions shall be
binding on and shall inure to the benefit of the Parties, and their successors, heirs,
personal representatives, or assigns. This section shall not be construed as an
authorization for any Party to assign any right or obligation
3.17 Notices. All notices, demands, invoices, and written communications shall
be in writing and delivered to the following addresses or such other addresses as the
Parties may designate by written notice:
To RCTC: Riverside County Transportation Commission
4080 Lemon Street, Third Floor
P.O. Box 12008
Riverside, CA 92502-2208
Attention: Executive Director
Copy to: Best, Best & Krieger, LLP
3390 University Ave. 5fl.
Riverside, CA 92501
Attention: Steven C. DeBaun
To City: City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
Attention: City Manager
Copy to: Leibold McClendon & Mann
9841 Irvine Center Drive
Suite 230
Irvine, California 92618
Attention: Barbara Leibold, City Attorney
Depending upon the method of transmittal, notice shall be deemed received as
follows: by facsimile, as of the date and time sent; by messenger, as of the date delivered;
and by U.S. Mail first class postage prepaid, as of 72 hours after deposit in the U.S. Mail.
3.18 Time of Performance. Time is of the essence in the performance of this
Agreement.
3.19 Governing Law. This Agreement is in all respects governed by California
law and venue for any dispute shall be in Riverside County.
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3.20 Insurance. The Parties each verify that they are self-insured or maintain
insurance coverage through a Joint Powers Authority in reasonable and customary
amounts for their respective operations.
3.21 Authority to Enter into Agreement. Each Party warrants that the individuals
who have signed this Cooperative Agreement have the legal power, right and authority to
make this Cooperative Agreement and bind each respective Party.
3.22 Counterparts. This Cooperative Agreement may be signed in counterparts,
each of which shall constitute an original and which collectively shall constitute one
instrument.
3.23 Electronically Transmitted Signatures; Electronic Signatures. A manually
signed copy of this Cooperative Agreement which is transmitted by facsimile, email or
other means of electronic transmission shall be deemed to have the same legal effect as
delivery of an original executed copy of this Cooperative Agreement for all purposes. This
Cooperative Agreement may be signed using an electronic signature.
3.24 Entire Agreement. This Cooperative Agreement contains the entire
agreement of the Parties relating to the subject matter hereof and supersedes all prior
negotiations, agreements or understandings.
IN WITNESS WHEREOF, the parties hereto have executed this
Cooperative Agreement on the date first herein above written.
[Signatures on following page]
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17336.01200\41448127.3
7
SIGNATURE PAGE
TO
INTERSTATE 15 FRANKLIN STREET INTERCHANGE PROJECT
PLANS SPECIFICATIONS, AND ESTIMATES PHASE COOPERATIVE AGREEMENT
IN WITNESS WHEREOF, the parties hereto have executed the Agreement as of
the Effective Date.
RIVERSIDE COUNTY
TRANSPORTATION COMMISSION
By: _________________________
Anne Mayer, Executive Director
CITY OF LAKE ELSINORE
By: __________________________
Title: ________________________
APPROVED AS TO FORM:
By: _________________________
Best Best & Krieger LLP
Counsel to RCTC
APPROVED AS TO FORM:
By: __________________________
Title: ________________________
ATTEST:
By: __________________________
Title: ________________________
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City Manager
City Attorney
City Clerk
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\TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM
AGREEMENT TO REIMBURSE TUMF FUNDS
INTERSTATE 15 FRANKLIN STREET INTERCHANGE IMPROVEMENT PROJECT
FINAL PS&E PHASE
THIS REIMBURSEMENT AGREEMENT (“Agreement”) is entered into as of this
__________day of __________, 20__, by and between the Western Riverside Council of
Governments (“WRCOG”), a California joint powers authority and City of Lake Elsinore, a
California municipal corporation (“AGENCY”). WRCOG and AGENCY are sometimes
hereinafter referred to individually as “Party” and collectively as “Parties”.
RECITALS
A. WRCOG is the Administrator of the Transportation Uniform Mitigation Fee
Program of Western Riverside County (“TUMF Program”).
B. WRCOG has identified and designated certain transportation improvement
projects throughout Western Riverside County as projects of regional importance (“Qualifying
Projects” or “Projects”). The Qualifying Projects are more specifically described in that certain
WRCOG study titled “TUMF Nexus Study”, as may be amended from time to time. Qualifying
Projects can have Regional or Zonal significance as further described in the TUMF Nexus Study.
C. The TUMF Program is funded by TUMF fees paid by new development in
Western Riverside County (collectively, “TUMF Program Funds”). TUMF Program Funds are
held in trust by WRCOG for the purpose of funding the Qualifying Projects.
D. The AGENCY proposes to implement a Qualifying Project, and it is the purpose
of this Agreement to identify the project and to set forth the terms and conditions by which
WRCOG will release TUMF Program Funds.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and subject to the
conditions contained herein, the Parties hereby agree as follows:
1. Description of the Qualifying Project. This Agreement is intended to distribute
TUMF Program Funds to the AGENCY for _Interstate 15 Franklin Street Interchange
Improvement Project, (the “Project”), a Qualifying Project. The Work, including a timetable
and a detailed scope of work, is more fully described in Exhibit “A” attached hereto and
incorporated herein by reference and, pursuant to Section 20 below, is subject to modification if
requested by the AGENCY and approved by WRCOG. The work shall be consistent with one or
more of the defined WRCOG Call for Projects phases detailed herein as follows:
1) PS&E – Plans, Specifications and Estimates
2. WRCOG Funding Amount. WRCOG hereby agrees to distribute to AGENCY,
on the terms and conditions set forth herein, a sum not to exceed Six Million Dollars
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($6,000,000), to be used for reimbursing the AGENCY for eligible Project expenses as described
in Section 3 herein (“Funding Amount”). The Parties acknowledge and agree that the Funding
Amount may be less than the actual cost of the Project. Nevertheless, the Parties acknowledge
and agree that WRCOG shall not be obligated to contribute TUMF Program Funds in excess of
the maximum TUMF share identified in the TUMF Nexus Study (“Maximum TUMF Share”), as
may be amended from time to time.
3. Project Costs Eligible for Advance/Reimbursement. The total Project costs
(“Total Project Cost”) may include the following items, provided that such items are included in
the scope of work attached hereto as Exhibit “A” (“Scope of Work”): (1) AGENCY and/or
consultant costs associated with direct Project coordination and support; (2) funds expended in
preparation of preliminary engineering studies; (3) funds expended for preparation of
environmental review documentation for the Project; (4) all costs associated with right-of-way
acquisition, including right-of-way engineering, appraisal, acquisition, legal costs for
condemnation procedures if authorized by the AGENCY, and costs of reviewing appraisals and
offers for property acquisition; (5) costs reasonably incurred if condemnation proceeds; (6) costs
incurred in the preparation of plans, specifications, and estimates by AGENCY or consultants;
(7) AGENCY costs associated with bidding, advertising and awarding of the Project contracts;
(8) construction costs, including change orders to construction contract approved by the
AGENCY; (9) construction management, field inspection and material testing costs; and (10)
any AGENCY administrative cost to deliver the Project.
4. Ineligible Project Costs. The Total Project Cost shall not include the following
items which shall be borne solely by the AGENCY without reimbursement: (1) any AGENCY
administrative fees attributed to the reviewing and processing of the Project; and (2) expenses for
items of work not included within the Scope of Work in Exhibit “A”.
5. Procedures for Distribution of TUMF Program Funds to AGENCY.
(a) Initial Payment by the AGENCY. The AGENCY shall be responsible for
initial payment of all the Project costs as they are incurred. Following payment of such Project
costs, the AGENCY shall submit invoices to WRCOG requesting reimbursement of eligible
Project costs. Each invoice shall be accompanied by detailed contractor invoices, or other
demands for payment addressed to the AGENCY, and documents evidencing the AGENCY’s
payment of the invoices or demands for payment. Documents evidencing the AGENCY’S
payment of the invoices shall be retained for four (4) years and shall be made available for
review by WRCOG. The AGENCY shall submit invoices not more often than monthly and not
less often than quarterly.
(b) Review and Reimbursement by WRCOG. Upon receipt of an invoice
from the AGENCY, WRCOG may request additional documentation or explanation of the
Project costs for which reimbursement is sought. Undisputed amounts shall be paid by WRCOG
to the AGENCY within thirty (30) days. In the event that WRCOG disputes the eligibility of the
AGENCY for reimbursement of all or a portion of an invoiced amount, the Parties shall meet
and confer in an attempt to resolve the dispute. If the meet and confer process is unsuccessful in
resolving the dispute, the AGENCY may appeal WRCOG’s decision as to the eligibility of one
or more invoices to WRCOG’s Executive Director. The WRCOG Executive Director shall
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provide his/her decision in writing. If the AGENCY disagrees with the Executive Director’s
decision, the AGENCY may appeal the decision of the Executive Director to the full WRCOG
Executive Committee, provided the AGENCY submits its request for appeal to WRCOG within
ten (10) days of the Executive Director’s written decision. The decision of the WRCOG
Executive Committee shall be final. Additional details concerning the procedure for the
AGENCY’s submittal of invoices to WRCOG and WRCOG’s consideration and payment of
submitted invoices are set forth in Exhibit “B”, attached hereto and incorporated herein by
reference.
(c) Funding Amount/Adjustment. If a post Project audit or review indicates
that WRCOG has provided reimbursement to the AGENCY in an amount in excess of the
Maximum TUMF Share of the Project, or has provided reimbursement of ineligible Project
costs, the AGENCY shall reimburse WRCOG for the excess or ineligible payments within 30
days of notification by WRCOG.
6. Increases in Project Funding. The Funding Amount may, in WRCOG’s sole
discretion, be augmented with additional TUMF Program Funds if the TUMF Nexus Study is
amended to increase the maximum eligible TUMF share for the Project. Any such increase in
the Funding Amount must be approved in writing by WRCOG’s Executive Director. In no case
shall the amount of TUMF Program Funds allocated to the AGENCY exceed the then -current
maximum eligible TUMF share for the Project. No such increased funding shall be expended to
pay for any Project already completed. For purposes of this Agreement, the Project or any
portion thereof shall be deemed complete upon its acceptance by WRCOG’s Executive Director
which shall be communicated to the AGENCY in writing.
7. No Funding for Temporary Improvements. Only segments or components of the
construction that are intended to form part of or be integrated into the Project may be funded by
TUMF Program Funds. No improvement which is temporary in nature, including but not limited
to temporary roads, curbs, tapers or drainage facilities, shall be funded with TUMF Program
Funds, except as needed for staged construction of the Project.
8. AGENCY’s Funding Obligation to Complete the Project. In the event that the
TUMF Program Funds allocated to the Project represent less than the total cost of the Project, the
AGENCY shall provide such additional funds as may be required to complete the Project.
9. AGENCY’s Obligation to Repay TUMF Program Funds to WRCOG; Exception
For PA&ED Phase Work. Except as otherwise expressly excepted within this paragraph, in the
event that: (i) the AGENCY, for any reason, determines not to proceed with or complete the
Project; or (ii) the Project is not timely completed, subject to any extension of time granted by
WRCOG pursuant to the terms of this Agreement; the AGENCY agrees that any TUMF Program
Funds that were distributed to the AGENCY for the Project shall be repaid in full to WRCOG,
and the Parties shall enter into good faith negotiations to establish a reasonable repayment
schedule and repayment mechanism. If the Project involves work pursuant to a PA&ED phase,
AGENCY shall not be obligated to repay TUMF Program Funds to WRCOG relating solely to
PA&ED phase work performed for the Project.
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10. AGENCY local match funding is not required, as shown in Exhibit “A” and as
called out in the AGENCY’s Project Nomination Form submitted to WRCOG in response to its
Call for Projects.
11. Term/Notice of Completion. The term of this Agreement shall be from the date
first herein above written until the earlier of the following: (i) the date WRCOG formally
accepts the Project as complete, pursuant to Section 6; (ii) termination of this Agreement
pursuant to Section 15; or (iii) the AGENCY has fully satisfied its obligations under this
Agreement. All applicable indemnification provisions of this Agreement shall remain in effect
following the termination of this Agreement.
12. Representatives of the Parties. WRCOG’s Executive Director, or his or her
designee, shall serve as WRCOG’s representative and shall have the authority to act on behalf of
WRCOG for all purposes under this Agreement. The AGENCY hereby designates Jason
Simpson, City Manager, or his or her designee, as the AGENCY’s representative to WRCOG.
The AGENCY’s representative shall have the authority to act on behalf of the AGENCY for all
purposes under this Agreement and shall coordinate all activities of the Project under the
AGENCY’s responsibility. The AGENCY shall work closely and cooperate fully with
WRCOG’s representative and any other agencies which may have jurisdiction over or an interest
in the Project.
13. Expenditure of Funds by AGENCY Prior to Execution of Agreement. Nothing in
this Agreement shall be construed to prevent or preclude the AGENCY from expending funds on
the Project prior to the execution of the Agreement, or from being reimbursed by WRCOG for
such expenditures. However, the AGENCY understands and acknowledges that any expenditure
of funds on the Project prior to the execution of the Agreement is made at the AGENCY’s sole
risk, and that some expenditures by the AGENCY may not be eligible for reimbursement under
this Agreement.
14. Review of Services. The AGENCY shall allow WRCOG’s Representative to
inspect or review the progress of the Project at any reasonable time in order to determine whether
the terms of this Agreement are being met.
15. Termination.
(a) Notice. Either WRCOG or AGENCY may, by written notice to the other
party, terminate this Agreement, in whole or in part, in response to a material breach hereof by
the other Party, by giving written notice to the other party of such termination and specifying the
effective date thereof. The written notice shall provide a 30 day period to cure any alleged
breach. During the 30 day cure period, the Parties shall discuss, in good faith, the manner in
which the breach can be cured.
(b) Effect of Termination. In the event that the AGENCY terminates this
Agreement, the AGENCY shall, within 180 days, repay to WRCOG any unexpended TUMF
Program Funds provided to the AGENCY under this Agreement and shall complete any portion
or segment of work for the Project for which TUMF Program Funds have been provided. In the
event that WRCOG terminates this Agreement, WRCOG shall, within 90 days, distribute to the
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AGENCY TUMF Program Funds in an amount equal to the aggregate total of all unpaid
invoices which have been received from the AGENCY regarding the Project at the time of the
notice of termination; provided, however, that WRCOG shall be entitled to exercise its rights
under Section 5(b), including but not limited to conducting a review of the invoices and
requesting additional information. Upon such termination, the AGENCY shall, within 180 days,
complete any portion or segment of work for the Project for which TUMF Program Funds have
been provided. This Agreement shall terminate upon receipt by the non-terminating Party of the
amounts due to it hereunder and upon completion of the segment or portion of Project work for
which TUMF Program Funds have been provided.
(c) 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.
16. Prevailing Wages. The AGENCY and any other person or entity hired to perform
services on the Project are alerted to the requirements of California Labor Code Sections 1770 et
seq., which would require the payment of prevailing wages were the services or any portion
thereof determined to be a public work, as defined therein. The AGENCY shall ensure
compliance with these prevailing wage requirements by any person or entity hired to perform the
Project. The AGENCY shall defend, indemnify, and hold harmless WRCOG, its officers,
employees, consultants, and agents from any cl aim or liability, including without limitation
attorneys, fees, arising from its failure or alleged failure to comply with California Labor Code
Sections 1770 et seq.
17. Progress Reports. WRCOG may request the AGENCY to provide WRCOG with
progress reports concerning the status of the Project.
18. Indemnification.
(a) AGENCY Responsibilities. In addition to the indemnification required
under Section 16, the AGENCY agrees to indemnify and hold harmless WRCOG, its officers,
agents, consultants, and employees from any and all claims, demands, costs or liability arising
from or connected with all activities governed by this Agreement including all design and
construction activities, due to negligent acts, errors or omissions or willful misconduct of the
AGENCY or its subcontractors. The AGENCY will reimburse WRCOG for any expenditures,
including reasonable attorneys’ fees, incurred by WRCOG, in defending against claims
ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of
the AGENCY.
(b) WRCOG Responsibilities. WRCOG agrees to indemnify and hold
harmless the AGENCY, its officers, agents, consultants, and employees from any and all claims,
demands, costs or liability arising from or connected with all activities governed by this
Agreement including all design and construction activities, due to negligent acts, errors or
omissions or willful misconduct of WRCOG or its sub-consultants. WRCOG will reimburse the
AGENCY for any expenditures, including reasonable attorneys’ fees, incurred by the AGENCY,
in defending against claims ultimately determined to be due to negligent acts, errors or omissions
or willful misconduct of WRCOG.
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(c) Effect of Acceptance. The AGENCY shall be responsible for the
professional quality, technical accuracy and the coordination of any services provided to
complete the Project. WRCOG’s review, acceptance or funding of any services performed by
the AGENCY or any other person or entity under this Agreement shall not be construed to
operate as a waiver of any rights WRCOG may hold under this Agreement or of any cause of
action arising out of this Agreement. Further, the AGENCY shall be and remain liable to
WRCOG, in accordance with applicable law, for all damages to WRCOG caused by the
AGENCY’s negligent performance of this Agreement or supervision of any services provided to
complete the Project.
19. Insurance. The AGENCY shall require, at a minimum, all persons or entities
hired to perform the Project to obtain, and require their subcontractors to obtain, insurance of the
types and in the amounts described below and satisfactory to the AGENCY and WRCOG. Such
insurance shall be maintained throughout the term of this Agreement, or until completion of the
Project, whichever occurs last.
(a) Commercial General Liability Insurance. Occurrence version commercial
general liability insurance or equivalent form with a combined single limit of not less than
$1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shal l apply
separately to the Project or be no less than two times the occurrence limit. Such insurance shall:
(i) Name WRCOG and AGENCY, and their respective officials,
officers, employees, agents, and consultants as insured with respect to performance of the
services on the Project and shall contain no special limitations on the scope of coverage or the
protection afforded to these insured;
(ii) Be primary with respect to any insurance or self-insurance
programs covering WRCOG and AGENCY, and/or their respective officials, officers,
employees, agents, and consultants; and
(iii) Contain standard separation of insured provisions.
(b) Business Automobile Liability Insurance. Business automobile liability
insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per
occurrence. Such insurance shall include coverage for owned, hired and non-owned
automobiles.
(c) Professional Liability Insurance. Errors and omissions liability insurance
with a limit of not less than $1,000,000.00 Professional liability insurance shall only be required
of design or engineering professionals.
(d) Workers’ Compensation Insurance. Workers’ compensation insurance
with statutory limits and employers’ liability insurance with limits of not less than $1,000,000.00
each accident.
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20. Project Amendments. Changes to the characteristics of the Project, including the
deadline for Project completion, and any responsibilities of the AGENCY or WRCOG may be
requested in writing by the AGENCY and are subject to the approval of WRCOG’s
Representative, which approval will not be unreasonably withheld, provided that extensions of
time for completion of the Project shall be approved in the sole discretion of WRCOG’s
Representative. Nothing in this Agreement shall be construed to require or allow completion of
the Project without full compliance with the California Environmental Quality Act (Public
Resources Code Section 21000 et seq.; “CEQA”) and the National Environmental Policy Act of
1969 (42 USC 4231 et seq.), if applicable, but the necessity of compliance with CEQA and/or
NEPA shall not justify, excuse, or permit a delay in completion of the Project.
21. Conflict of Interest. For the term of this Agreement, no member, officer or
employee of the AGENCY or WRCOG, during the term of his or her service with the AGENCY
or WRCOG, as the case may be, shall have any direct interest in this Agreement, or obtain any
present or anticipated material benefit arising therefrom.
22. Limited Scope of Duties. WRCOG’s and the AGENCY’s duties and obligations
under this Agreement are limited to those described herein. WRCOG has no obligation with
respect to the safety of any Project performed at a job site. In addition, WRCOG shall not be
liable for any action of AGENCY or its contractors relating to the condemnation of property
undertaken by AGENCY or construction related to the Project.
23. Books and Records. Each party shall maintain complete, accurate, and clearly
identifiable records with respect to costs incurred for the Project under this Agreement. They
shall make available for examination by the other party, its authorized agents, officers or
employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and
other records or documents evidencing or related to the expenditures and disbursements charged
to the other party pursuant to this Agreement. Further, each party shall furnish to the other party,
its agents or employees such other evidence or information as they may require with respe ct to
any such expense or disbursement charged by them. All such information shall be retained by
the Parties for at least four (4) years following termination of this Agreement, and they shall
have access to such information during the four-year period for the purposes of examination or
audit.
24. Equal Opportunity Employment. The Parties represent that they are equal
opportunity employers and they shall not discriminate against any employee or applicant of
reemployment 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.
25. Governing Law. This Agreement shall be governed by and construed with the
laws of the State of California.
26. Attorneys’ Fees. If either party commences an action against the other party
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 costs of suit.
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27. Time of Essence. Time is of the essence for each and every provision of this
Agreement.
28. 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.
29. Public Acknowledgement. The AGENCY agrees that all public notices, news
releases, information signs and other forms of communication shall indicate that the Project is
being cooperatively funded by the AGENCY and WRCOG TUMF Program Funds.
30. No Joint Venture. This Agreement is for funding purposes only and nothing
herein shall be construed to make WRCOG a party to the construction of the Project or to make
it a partner or joint venture with the AGENCY for such purpose.
31. Compliance With the Law. The AGENCY shall comply with all applicable laws,
rules and regulations governing the implementation of the Qualifying Project, including, where
applicable, the rules and regulations pertaining to the participation of businesses owned or
controlled by minorities and women promulgated by the Federal Highway Admini stration and
the Federal Department of Transportation.
32. Notices. All notices hereunder and communications regarding interpretation of
the terms of this Agreement or changes thereto shall be provided by the mailing thereof by
registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
If to AGENCY: City of Lake Elsinore
130 South Main Street
Lake Elsinore, California 92530
Attention: Jason Simpson, City Manager
Telephone: (951) 674-3124
Facsimile: (951) 471-1261
If to WRCOG: Western Riverside Council of Governments
3390 University Avenue; Suite 200
Riverside, California 92501
Attention: Christopher Gray, Deputy Executive Director
Telephone: (951) 405-6710
Facsimile: (951) 223-9720
Any notice so given shall be considered served on the other party three (3) days after
deposit in the U.S. mail, first class postage prepaid, return receipt requested, 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.
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33. Integration; Amendment. This Agreement contains the entire agreement between
the PARTIES. Any agreement or representation respecting matters addressed herein that are not
expressly set forth in this Agreement is null and void. This Agreement may be amended only by
mutual written agreement of the PARTIES.
34. Severability. If any term, provision, condition or covenant of this Agreement is
held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby.
35. Conflicting Provisions. In the event that provisions of any attached appendices or
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 Agreement.
36. Independent Contractors. Any person or entities retained by the AGENCY or any
contractor shall be retained on an independent contractor basis and shall not be employees of
WRCOG. Any personnel performing services on the Project shall at all times be under the
exclusive direction and control of the AGENCY or contractor, whichever is applicable. The
AGENCY or contractor shall pay all wages, salaries and other amounts due such personnel in
connection with their performance of services on the Project and as required by law. The
AGENCY or consultant shall be responsible for all reports and obligations respecting such
personnel, including, but not limited to: social security taxes, income tax withholding,
unemployment insurance and workers’ compensation insurance.
37. Effective Date. This Agreement shall not be effective until executed by both
Parties. The failure of one party to execute this Agreement within forty-five (45) days of the
other party executing this Agreement shall render any execution of this Agreement ineffective.
38. No Third Party Beneficiaries. There are no intended third party beneficiaries of
any right or obligation assumed by the Parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly
authorized representatives to be effective on the day and year first above-written.
WESTERN RIVERSIDE COUNCIL CITY OF LAKE ELSINORE
OF GOVERNMENTS
By: Date: By: Date:
Dr. Kurt Wilson Natasha Johnson
Executive Director Mayor
Approved to Form: Approved to Form:
By: Date: By: Date:
Steven C. DeBaun Barbara Leibold
General Counsel City Attorney
Attestation:
By: Date:
Candice Alvarez, MMC
City Clerk
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2/15/2023 4/3/2023
4/24/2023
4/24/20234/24/23
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Exhibit A
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EXHIBIT “A”
SCOPE OF WORK
SCOPE OF WORK:
This TUMF Reimbursement is for the Final Plans, Specifications, and Estimate (PS&E)
Phase only. Final PS&E includes the development of the plans, specifications, and
construction cost estimate; obtaining any resource agency permits, and
advertisement/award of the construction contract.
From approved FTIP:
CONS NEW I-15/FRANKLIN ST INC, CONST AUX LNS FROM FRANKLIN ST IC TO
MAI NST IC & FROM FRANKLIN ST IC TO RR CYN IC, REALIGN &
RECONSTRUCT MAIN ST SB ON RAMP FROM 1-2 LNS, ON WS OF I-15 CONST
AUTO CENTER DR EXTNSN FROM EX FRANKLIN ST TO ADOBE ST & ON ES OF
I-15 AND CONST CNY ESTATE DR EXT FROM EX FRANKLIN ST TO CAMINO DEL
NORTE
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Exhibit A – 1
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EXHIBIT “A-1”
ESTIMATE OF COST
Phase TUMF LOCAL TOTAL
PA&ED
PS&E $6,000,000 $2,000,000 $8,000,000
RIGHT OF WAY
CONSTRUCTION
TOTAL $6,000,000 $2,000,000 $8,000,000
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Exhibit A – 2
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EXHIBIT “A-2”
PROJECT SCHEDULE
TIMETABLE:
This TUMF Reimbursement is for Final PS&E Phase only.
Final PS&E is anticipated to begin February 2023 with estimated completion date of
February 2025.
Phase
Estimated
Completion Date Estimated Cost Comments
PA&ED August 2017 $3,786,801
PA&ED completed
with RR Canyon
IC
PS&E February 2025 $8,000,000
Est. Start Date:
February 2023
RIGHT OF WAY February 2026 $8,000,000
CONSTRUCTION July 2028 $80,000,000
TOTAL $99,786,801
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Exhibit B
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Elements of Compensation
EXHIBIT “B”
PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES
1. For professional services, WRCOG recommends that the AGENCY incorporate this
Exhibit “B-1” into its contracts with any subcontractors to establish a standard method
for preparation of invoices by contractors to the AGENCY and ultimately to WRCOG for
reimbursement of AGENCY contractor costs.
2. Each month the AGENCY shall submit an invoice for eligible Project costs incurred
during the preceding month. The original invoice shall be submitted to WRCOG’s
Executive Director with a copy to WRCOG’s Project Coordinator. Each invoice shall be
accompanied by a cover letter in a format substantially similar to that of Exhibit “B-2”.
3. For jurisdictions with large construction projects (with the total construction cost
exceeding $10 million) under construction at the same time, may with the approval of
WRCOG submit invoices to WRCOG for payment at the same time they are received by
the jurisdiction. WRCOG must receive the invoice by the 5th day of the month in order to
process the invoice within 30 days. WRCOG will retain 10% of the invoice until all
costs have been verified as eligible and will release the balance at regular intervals not
more than quarterly and not less than semi-annually. If there is a discrepancy or
ineligible costs that exceed 10% of the previous invoice WRCOG will deduct that
amount from the next payment.
4. Each invoice shall include documentation from each contractor used by the AGENCY for
the Project, listing labor costs, subcontractor costs, and other expenses. Each invoice
shall also include a monthly progress report and spreadsheets showing the hours or
amounts expended by each contractor or subcontractor for the month and for the entire
Project to date. Samples of acceptable task level documentation and progress reports are
attached as Exhibits “B-4” and “B-5”. All documentation from the Agency’s contractors
should be accompanied by a cover letter in a format substantially similar to that of
Exhibit “B-3”.
5. If the AGENCY is seeking reimbursement for direct expenses incurred by AGENCY
staff for eligible Project costs, the AGENCY shall provide the same level of information
for its labor and any expenses as required of its contractors pursuant to Exhibit “B” and
its attachments.
6. Charges for each task and milestone listed in Exhibit “A” shall be listed separately in the
invoice.
7. Each invoice shall include a certification signed by the AGENCY Representative or his
or her designee which reads as follows:
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Exhibit B
Page 15 of 23
“I hereby certify that the hours and salary rates submitted for reimbursement in this
invoice are the actual hours and rates worked and paid to the contractors or
subcontractors listed.
Signed ________________________________
Title __________________________________
Date __________________________________
Invoice No. ____________________________
8. WRCOG will pay the AGENCY within 30 days after receipt by WRCOG of an invoice.
If WRCOG disputes any portion of an invoice, payment for that portion will be withheld,
without interest, pending resolution of the dispute, but the uncontested balance will be
paid.
9. The final payment under this Agreement will be made only after: (I) the AGENCY has
obtained a Release and Certificate of Final Payment from each contractor or
subcontractor used on the Project; (ii) the AGENCY has executed a Release and
Certificate of Final Payment; and (iii) the AGENCY has provided copies of each such
Release to WRCOG.
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Exhibit B-1
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EXHIBIT “B-1”
[Sample for Professional Services]
For the satisfactory performance and completion of the Services under this Agreement,
Agency will pay the Contractor compensation as set forth herein. The total compensation for
this service shall not exceed (_____INSERT WRITTEN DOLLAR AMOUNT___)
($___INSERT NUMERICAL DOLLAR AMOUNT___) without written approval of Agency’s
City Manager [or applicable position] (“Total Compensation”).
1. ELEMENTS OF COMPENSATION.
Compensation for the Services will be comprised of the following elements: 1.1 Direct
Labor Costs; 1.2 Fixed Fee; and 1.3 Additional Direct Costs.
1.1 DIRECT LABOR COSTS.
Direct Labor costs shall be paid in an amount equal to the product of the Direct
Salary Costs and the Multiplier which are defined as follows:
1.1.1 DIRECT SALARY COSTS
Direct Salary Costs are the base salaries and wages actually paid to the
Contractor's personnel directly engaged in performance of the Services
under the Agreement. (The range of hourly rates paid to the Contractor's
personnel appears in Section 2 below.)
1.1.2 MULTIPLIER
The Multiplier to be applied to the Direct Salary Costs to determine the
Direct Labor Costs is _________________, and is the sum of the
following components:
1.1.2.1 Direct Salary Costs ____________________
1.1.2.2 Payroll Additives ____________________
The Decimal Ratio of Payroll Additives to Direct Salary Costs. Payroll
Additives include all employee benefits, allowances for vacation, sick
leave, and holidays, and company portion of employee insurance and
social and retirement benefits, all federal and state payroll taxes, premiums
for insurance which are measured by payroll costs, and other contributions
and benefits imposed by applicable laws and regulations.
1.1.2.3 Overhead Costs ____________________
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Exhibit B-1
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The Decimal Ratio of Allowable Overhead Costs to the Contractor Firm's
Total Direct Salary Costs. Allowable Overhead Costs include general,
administrative and overhead costs of maintaining and operating
established offices, and consistent with established firm policies, and as
defined in the Federal Acquisitions Regulations, Part 31.2.
Total Multiplier ____________________
(sum of 1.1.2.1, 1.1.2.2, and 1.1.2.3)
1.2 FIXED FEE.
1.2.1 The fixed fee is $______________________.
1.2.2 A pro-rata share of the Fixed Fee shall be applied to the total Direct Labor Costs
expended for services each month, and shall be included on each monthly invoice.
1.3 ADDITIONAL DIRECT COSTS.
Additional Direct Costs directly identifiable to the performance of the services of this
Agreement shall be reimbursed at the rates below, or at actual invoiced cost.
Rates for identified Additional Direct Costs are as follows:
ITEM REIMBURSEMENT RATE
[___insert charges___]
Per Diem $ /day
Car mileage $ /mile
Travel $ /trip
Computer Charges $ /hour
Photocopies $ /copy
Blueline $ /sheet
LD Telephone $ /call
Fax $ /sheet
Photographs $ /sheet
Travel by air and travel in excess of 100 miles from the Contractor's office nearest to
Agency’s office must have Agency's prior written approval to be reimbursed under this
Agreement.
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Exhibit B-1
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2. DIRECT SALARY RATES
Direct Salary Rates, which are the range of hourly rates to be used in determining Direct
Salary Costs in Section 1.1.1 above, are given below and are subject to the following:
2.1 Direct Salary Rates shall be applicable to both straight time and overtime work,
unless payment of a premium for overtime work is required by law, regulation or
craft agreement, or is otherwise specified in this Agreement. In such event, the
premium portion of Direct Salary Costs will not be subject to the Multiplier
defined in Paragraph 1.1.2 above.
2.2 Direct Salary Rates shown herein are in effect for one year following the effective
date of the Agreement. Thereafter, they may be adjusted annually to reflect the
Contractor's adjustments to individual compensation. The Contractor shall notify
Agency in writing prior to a change in the range of rates included herein, and
prior to each subsequent change.
POSITION OR CLASSIFICATION RANGE OF HOURLY RATES
[___sample___]
Principal $ .00 - $ .00/hour
Project Manager $ .00 - $ .00/hour
Sr. Engineer/Planner $ .00 - $ .00/hour
Project Engineer/Planner $ .00 - $ .00/hour
Assoc. Engineer/Planner $ .00 - $ .00/hour
Technician $ .00 - $ .00/hour
Drafter/CADD Operator $ .00 - $ .00/hour
Word Processor $ .00 - $ .00/hour
2.3 The above rates are for the Contractor only. All rates for subcontractors to the
Contractor will be in accordance with the Contractor's cost proposal.
3. INVOICING.
3.1 Each month the Contractor shall submit an invoice for Services performed during
the preceding month. The original invoice shall be submitted to Agency's
Executive Director with two (2) copies to Agency's Project Coordinator.
3.2 Charges shall be billed in accordance with the terms and rates included herein,
unless otherwise agreed in writing by Agency's Representative.
3.3 Base Work and Extra Work shall be charged separately, and the charges for each
task and Milestone listed in the Scope of Services, shall be listed separately. The
charges for each individual assigned by the Contractor under this Agreement shall
be listed separately on an attachment to the invoice.
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Exhibit B-1
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3.4 A charge of $500 or more for any one item of Additional Direct Costs shall be
accompanied by substantiating documentation satisfactory to Agency such as
invoices, telephone logs, etc.
3.5 Each copy of each invoice shall be accompanied by a Monthly Progress Report
and spreadsheets showing hours expended by task for each month and total
project to date.
3.6 If applicable, each invoice shall indicate payments to DBE subcontractors or
supplies by dollar amount and as a percentage of the total invoice.
3.7 Each invoice shall include a certification signed by the Contractor's
Representative or an officer of the firm which reads as follows:
I hereby certify that the hours and salary rates charged in this
invoice are the actual hours and rates worked and paid to the
employees listed.
Signed _____________________________
Title _____________________________
Date _____________________________
Invoice No. _____________________________
4. PAYMENT
4.1 Agency shall pay the Contractor within four to six weeks after receipt by Agency
of an original invoice. Should Agency contest any portion of an invoice, that
portion shall be held for resolution, without interest, but the uncontested balance
shall be paid.
4.2 The final payment for Services under this Agreement will be made only after the
Contractor has executed a Release and Certificate of Final Payment.
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Exhibit B-2
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EXHIBIT B-2
Sample Cover Letter to WRCOG
Date
Western Riverside Council of Governments
3390 University Avenue; Suite 450
Riverside, California 92501
Attention: Deputy Executive Director
ATTN: Accounts Payable
Re: Project Title - Invoice #__
Enclosed for your review and payment approval is the AGENCY’s invoice for professional and
technical services that was rendered by our contractors in connection with the 2002 Measure “A”
Local Streets and Roads Funding per Agreement No. ________ effective (Month/Day/Year) .
The required support documentation received from each contractor is included as backup to the
invoice.
Invoice period covered is from Month/Date/Year to Month/Date/Year .
Total Authorized Agreement Amount: $0,000,000.00
Total Invoiced to Date: $0,000,000.00
Total Previously Invoiced: $0,000,000.00
Balance Remaining: $0,000,000.00
Amount due this Invoice: $0,000,000.00
===========
I certify that the hours and salary rates charged in this invoice are the actual hours and rates
worked and paid to the contractors listed.
By: _____________________________
Name
Title
cc:
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Exhibit B-3
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EXHIBIT B-3
Sample Letter from Contractor to AGENCY
Month/Date/Year
Western Riverside Council of Governments
3390 University Avenue; Suite 200
Riverside, California 92501
Attention: Deputy Executive Director
Attn: Accounts Payable Invoice #____________
For [type of services] rendered by [contractor name] in connection with [name of project]
This is per agreement No. XX-XX-XXX effective Month/Date/Year .
Invoice period covered is from Month/Date/Year to Month/Date/Year .
Total Base Contract Amount: $000,000.00
Authorized Extra Work (if Applicable) $000,000.00
------------------
TOTAL AUTHORIZED CONTRACT AMOUNT: $000,000.00
Total Invoice to Date: $000,000.00
Total Previously Billed: $000,000.00
Balance Remaining: $000,000.00
Amount Due this Invoice: $000,000.00
==========
I certify that the hours and salary rates charged in this invoice are the actual hours and rates
worked and paid to the employees listed,
By: ____________________
Name
Title
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Exhibit B-4
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EXHIBIT B-4
SAMPLE TASK SUMMARY SCHEDULE
(OPTIONAL)
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Exhibit B-5
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EXHIBIT B-5
Sample Progress Report
REPORTING PERIOD: Month/Date/Year to Month/Date/Year
PROGRESS REPORT: #1
A. Activities and Work Completed during Current Work Periods
TASK 01 – 100% PS&E SUBMITTAL
1. Responded to Segment 1 comments from Department of Transportation
2. Completed and submitted Segment 1 final PS&E
B. Current/Potential Problems Encountered & Corrective Action
Problems Corrective Action
None None
C. Work Planned Next Period
TASK 01 – 100% PS&E SUBMITTAL
1. Completing and to submit Traffic Signal and Electrical Design plans
2. Responding to review comments
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Agreement No. 24-72-028-00
PROFESSIONAL SERVICES AGREEMENT
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AGREEMENT WITH
HDR ENGINEERING, INC.
FOR THE
PLANS, SPECIFICATIONS & ESTIMATES (PS&E) FOR THE
INTERSTATE 15 FRANKLIN STREET INTERCHANGE PROJECT
Parties and Date.
This Agreement is made and entered into this ___ day of _______, 2024, by and
between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("the
Commission") and HDR ENGINEERING, INC. ("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.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
PLANS, SPECIFICATIONS, & ESTIMATES services to public clients, is licensed in the
State of California (if necessary), and is familiar with the plans of the Commission.
E.The Commission desires to engage Consultant to render such services for the
INTERSTATE 15 FRANKLIN STREET INTERCHANGE PROJECT (“Project”), as set
forth in this Agreement.
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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 the professional PS&E for the I-15 Franklin Street Interchange Project 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. Term.
3.1 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 June 30, 2028, unless extended by contract amendment.
3.2 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.
3.3 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.
4. 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.
5. Consultant’s Representative. Consultant hereby designates David Lew 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
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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
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.
6. 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: David Lew, Brooke Bannasch,
Montserrat Martin, and Brian Calvert.
7. Standard of Care; Licenses; Evaluation.
7.1 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.
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7.2 Consultant’s performance will be evaluated by Commission. A copy of the
evaluation will be sent to Consultant for comments. The evaluation together with the
comments shall be retained as part of the Agreement record.
8. 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
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. Consultant hereby indemnifies and holds the Commission
harmless, pursuant to the indemnification provisions contained in this Agreement, from
any and all claims that may be made against the Commission based upon any
contention by any third party that an employer-employee relationship exists by reason of
this Agreement.
9. Schedule of Services. Consultant shall perform the Services expeditiously,
within the term of this Agreement, and in accordance with the Schedule of Services.
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.
9.1 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.
9.2 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.
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9.3 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.
10. Delay in Performance.
10.1 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.
10.2 Written Notice. If Consultant believes it is entitled to an extension of time
due to conditions set forth in subsection 10.1, 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.
10.3 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.
11. 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.
12. 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
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regarding questions of a legal nature or which may be construed as constituting a legal
opinion.
13. 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
Contract Administrator to inspect or review Consultant’s work in progress at any
reasonable time.
14. Claims Filed by Contractor.
14.1 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.
14.2 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.
14.3 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.
14.4 Nothing contained in this Section shall be construed to in any way limit
Consultant’s indemnification obligations contained in Section 26. In the case of any
conflict between this Section and Section 26, Section 26 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 26 of this Agreement.
15. 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.
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16. 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
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.
17. Fees and Payment.
17.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates
set forth in Exhibit “B” attached hereto and incorporated herein by reference. The Total
Compensation shall not exceed Eight Million, Seven Hundred Fifty-Nine Thousand,
Four Hundred Five Dollars ($8,759,405) without written approval of Commission’s
Representative. Extra Work may be authorized, as described below, and if authorized,
will be compensated at the rates and manner set forth in this Agreement.
17.2 Payment of Compensation. Consultant shall submit a monthly itemized
statement which indicates work completed and hours of Services rendered by
Consultant. The statement shall describe the amount of Services and supplies provided
since the initial commencement date, or since the start of the subsequent billing
periods, as appropriate, through the date of the Statement. Charges specific to each
Milestone listed in the Schedule of Services shall be listed separately on an attachment
to each statement. Each statement shall be accompanied by a monthly progress report
and spreadsheets showing hours expended for each task for each month and the total
Project to date. Each statement shall include a cover sheet bearing a certification as to
the accuracy of the statement signed by the Consultant’s Project Manager or other
authorized officer.
17.3 Extra Work. At any time during the term of this Agreement, Commission
may request Consultant to perform Extra Work. As used herein, “Extra Work” means
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any work which is determined by the Commission to be necessary for proper completion
of the Project, but which the parties did not reasonably anticipate would be necessary at
the execution of this Agreement. Consultant shall not perform, nor be compensated for,
Extra Work without written authorization from Commission’s Representative. In the
event an Extra Work Order is not issued and signed by Commission’s Representative,
Consultant shall not provide such Extra Work.
17.4 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless authorized in writing by the Commission’s Representative.
18. Disputes.
18.1 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.
18.2 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.
18.3 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.
19. Termination; Suspension.
19.1 Commission reserves the right to terminate this Agreement for any or no
reason upon written notice to Consultant setting forth the effective date of termination,
with the reasons for termination stated in the notice.
19.2 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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19.3 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.
19.4 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.
19.5 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.
19.6 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.
19.7 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.
19.8 Consultant may not terminate this Agreement except for cause.
19.9 Suspension. In addition to the termination rights above, Commission may
temporarily suspend this Agreement, at no additional cost to Commission, provided that
Consultant is given written notice of temporary suspension. If Commission gives such
notice of temporary suspension, Consultant shall immediately suspend its activities
under this Agreement. A temporary suspension may be issued concurrent with a notice
of termination.
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20. 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 and the
Commission shall have access to any books, records, and documents of Consultant
that are pertinent to this Agreement for audit, examinations, excerpts, and transactions,
and copies thereof shall be furnished if requested. Subcontracts in excess of $25,000
shall contain this provision.
21. Audit Review Procedures.
21.1 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.
21.2 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.
21.3 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.
22. Subcontracting.
22.1 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.
22.2 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.
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22.3 Consultant shall pay its subconsultants within fifteen (15) calendar days
from receipt of each payment made to Consultant by Commission.
22.4 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.
22.5 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).
22.6 Exhibit “B” 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 “B” shall be
the same for both the Consultant and all subconsultants, unless otherwise identified in
Exhibit “B”. The subconsultant rate schedules and cost proposals contained herein are
for accounting purposes only.
23. Equipment Purchase
23.1 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.
23.2 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.
23.3 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.
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23.4 All subcontracts in excess $25,000 shall contain the above provisions.
24. Labor Code Requirements.
24.1 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 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,
costs, penalties or interest arising out of any failure or alleged failure to comply with the
Prevailing Wage Laws.
24.2 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.
24.3 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
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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.
24.4 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.
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
25. Ownership of Materials/Confidentiality.
25.1 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
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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.
25.2 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.
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.
25.3 Confidentiality. All ideas, memoranda, specifications, plans, procedures,
drawings, descriptions, computer program data, input record data, written information,
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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.
25.4 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.
26. 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
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
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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.
27. Insurance.
27.1 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.
27.2 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
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
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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.
27.3 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
$2,000,000 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.
27.4 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
Commission and its directors, officials, officers, employees and agents as additional
insureds with respect to the Services or operations performed by or on behalf of the
Consultant.
27.5 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
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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
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 and its 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
and its 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 and its 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.
(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
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of the specified minimum insurance coverage requirements and/or limits set forth herein
shall be available to the Commission and its 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.
(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
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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:
27.6 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.
27.7 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.
27.8 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
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.
27.9 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.
27.10 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
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insurance program to be adequate. Consultant shall have the right to purchase
insurance in addition to the insurance required in this Section.
28. 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 26 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
for safe operation of its vehicles and the protection of the traveling public from injury and
damage from such vehicles.
29. Prohibited Interests.
29.1 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.
29.2 Consultant Conflict of Interest.
(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. Consultant agrees to advise Commission of any actual,
apparent or potential conflicts of interest that may develop subsequent to the date of
execution of this Agreement. Consultant further agrees to complete any statements of
economic interest if required by either Commission or State law.
(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.
29.3 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.
29.4 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.
29.5 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.
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29.6 Employment Adverse to the Commission. Consultant shall notify the
Commission, and shall obtain the Commission’s written consent, prior to accepting work
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.
30. 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.
31. Right to Employ Other Consultants. Commission reserves the right to employ
other consultants in connection with the Project.
32. Governing Law. This Agreement shall be governed by and construed with the
laws of the State of California. Venue shall be in Riverside County.
33. Disputes; Attorneys’ Fees.
33.1 Prior to either party commencing any legal action under this Agreement,
the Parties agree to try in good faith, to resolve any dispute amicably between them. If a
dispute has not been resolved after forty-five (45) days of good-faith negotiations and as
may be otherwise provided herein, then either Party may seek any other available
remedy to resolve the dispute.
33.2. 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.
34. Time of Essence. Time is of the essence for each and every provision of this
Agreement.
35. 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.
36. 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:
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CONSULTANT: COMMISSION:
HDR Engineering, Inc. Riverside County Transportation Commission
2280 Market Street, Ste. 100 4080 Lemon Street, 3rd Floor
Riverside, CA 92501-2110 Riverside, CA 92501
Attn: David Lew Attn: Executive Director
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.
37. 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.
38. Amendment or Modification. No supplement, modification, or amendment of this
Agreement shall be binding unless executed in writing and signed by both Parties.
39. 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.
40. 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.
41. 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.
42. No Third Party Beneficiaries. There are no intended third party beneficiaries of
any right or obligation assumed by the Parties.
43. 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.
44. Counterparts. This Agreement may be signed in counterparts, each of which
shall constitute an original.
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45. 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.
46. 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.
47. 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.
48. Incorporation of Recitals. The recitals set forth above are true and correct and
are incorporated into this Agreement as though fully set forth herein.
49. 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.
50. Electronically Transmitted Signatures; Electronic Signatures. A manually signed
copy of this Agreement which is transmitted by facsimile, email or other means of
electronic transmission shall be deemed to have the same legal effect as delivery of an
original executed copy of this Agreement for all purposes. This Agreement may be
signed using an electronic signature.
[Signatures on following page]
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SIGNATURE PAGE
TO
PROFESSIONAL SERVICES AGREEMENT
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
HDR ENGINEERING INC.
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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17336.00001\41663366.1
A-1
EXHIBIT “A”
SCOPE OF SERVICES
[attached behind this page]
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I‐15 Franklin Street Interchange Project PS&E
SCOPE OF WORK
PROJECT DESCRIPTION
The Interstate 15 (I‐15) Franklin Street Interchange improvements (Project) includes a new
interchange over the I‐15 mainline providing a four‐lane overcrossing, approximately 0.22 miles
north of the existing Franklin Street overcrossing. The existing Franklin Street overcrossing will be
protected in place and kept in operation after construction of the project Along the I‐15, auxiliary
lanes will be provided from Franklin to both the Railroad Canyon Road interchange and the Main
Street interchange. Auto Center Drive will be realigned, widened, and extend to tie into new
Franklin Street‐Avenue 6 with a two‐lane local roadway facility. The southbound entrance ramp at
Main Street will be realigned to provide a standard merge‐diverge distances. ADA compliant
pedestrian and bicycle facilities will be installed on Franklin Street.
TASK 1 – PROJECT MANAGEMENT/COORDINATION/ADMINISTRATION
1‐1 Coordination/Administration
This task covers project management services including the requirements for Site Visits,
Document Control, Invoices, Subconsultant coordination, and administration of CONSULTANT’s
work for a 28‐month period. CONSULTANT shall direct & coordinate the work of its staff and
subconsultants throughout the course of the Project. CONSULTANT shall serve as the primary
contact for the consultant team in communication with RCTC, Caltrans, the City of Lake Elsinore
(City), and other agencies.
1‐1.1 Meetings
During the course of the contract, the CONSULTANT shall prepare for, and attend the following
meetings:
Monthly Project Development Team (PDT)
Monthly Trend Meetings
Follow‐up Technical Workshops, as needed.
RCTC Commission meetings and Informational public outreach meetings, as needed.
Agency Coordination meetings
CONSULTANT will prepare notices, agendas, handouts, minutes, and progress plans.
Deliverables:
Meeting Agendas and Minutes
Assumptions:
All meetings will be held virtually except for RCTC commission meetings and public
outreach meetings.
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1.1‐2 Schedules
CONSULTANT shall submit an initial Project Master Schedule. Following approval by Commission,
this schedule will become the Project Target Schedule. Project schedule will be updated after
each PDT. The following elements will be included by CONSULTANT in the Schedule:
Agency Review time
Order of Sequence of significant work
Major Milestones
Critical Path Tasks
Deliverables:
Baseline Schedule
1‐1.3 Project Control and Administration
Along with an invoice at the end of each month, CONSULTANT shall report the progress of the
work with a narrative of the monthly Progress Report which shall describe the overall progress
of the work, discuss significant project issues and present proposed corrective action and show
the status of major changes.
CONSULTANT shall implement uniform document control policies necessary to retain all records
and electronically stored information associated with the work.
Deliverables:
Monthly Progress Reports and Invoices
1‐1.4 Quality Management Plan
CONSULTANT shall prepare a Quality Management Plan (QMP) and implement and maintain a
Quality Assurance/Quality Control process throughout the services under this Agreement. The
QMP will establish Quality Assurance and Quality Control processes and procedures; describe
how the quality of the work products will be managed to minimize or eliminate errors and
omissions; confirm that design reports, studies, plans, specifications, quantities, estimates and
other design documents are complete, accurate, consistent, checked, and reviewed.
Deliverables:
Quality Management Plan
1‐2 Project Management Plan
CONSULTANT shall prepare a PMP for all project team members to use throughout the
project. The PMP will include the project schedule, key milestone dates, project organization
chart, financial targets, communication protocols, and quality control procedures. The PMP
will also include the design criteria to be used for the project, along with the required
standards of practice.
Deliverables:
Project Management Plan
1‐3 Public Outreach
CONSULTANT will work with the City and Commission to help develop and conduct a public
outreach program during the design phase. The outreach program will share with the public the
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general scope of the project, anticipated and real construction impacts, mitigation measures and
traffic management plans, and project schedule. This outreach program will also solicit
meaningful and informed feedback from the community. CONSULTANT shall assist the
commission in the following:
Designing one (1) public outreach plan.
o One community analytics report
o One outreach schedule
o One draft public outreach plan
o One final public outreach plan
Hosting one (1) public meeting, open house format.
o Open house promotion – virtual outreach
o Open house promotion – in‐person outreach
o Secure public meeting/open house venue
Design and production of bilingual outreach materials and surveys.
o Open house invitation flyer
o Informational flyer
o Door hangers
o Digital engagement content (social media posts, website copy, and advertisements)
o One open house/public meeting PowerPoint presentation
Designing and deploying an educational social media campaign.
o Geo‐targeting
o Content translation (Spanish)
o One Social media schedule
Community‐Based Organization Partnership/Community Stakeholder Engagement
o Establishment of a community‐based organization equity advisory board
o Community events participation to educate the community and collect feedback
o Cultural competence review of outreach materials
o Dissemination of outreach materials and surveys through CBOs’ social media and
email lists.
Producing one public outreach summary.
Deliverables:
Public Outreach Plan
Outreach materials (bilingual)
Digital engagement content for Open House
Public Outreach Summary
Assumptions:
Public Outreach task is conducted during the Design Phase where RCTC will lead the effort
and Consultant shall provide support.
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Public Relations can be provided during the construction phase as additional work and will be
coordinated with RCTC on the scope and fee, if required.
Project update to the commission will be made by RCTC staff.
The public meeting/open house venue will be provided by the City of Lake Elsinore.
Consultant will provide the digital content to RCTC. RCTC will coordinate internally to upload
onto their website.
1 round of reviews assumed for the outreach plan and outreach materials.
Spanish interpretation and translation included. Other languages would require small fee
adjustments.
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TASK 2 – 30% PS&E
2‐1 Data Collection
CONSULTANT will collect existing topographic maps, as‐built drawings, reports, and other
available materials. CONSULTANT will request data from Caltrans, Commission, City, and
other agencies, as appropriate.
2‐2 Encroachment Permit Application
CONSULTANT will prepare and submit permit applications for surveying, geotechnical
investigations, construction, and environmental clearances.
Deliverables:
Encroachment Permit (rider)
Assumptions:
A Parent Permit will be provided by the Commission. CONSULTANT shall apply for a rider or
double permit.
2‐3 Design Surveys & Mapping
Horizontal and vertical project control will be established for the project area by the
CONSULTANT. New survey controls to support the project will be established outside of
anticipated construction area, where possible.
CONSULTANT will perform Aerial photogrammetric mapping for the project limits defined
above in accordance with the Caltrans A‐B‐C process. Horizontal and vertical aerial control
panels will be set to meet aerial triangulation requirements and tied into the project control
established for the project. A digital topographic map at a scale of 1" = 50' with a 1‐foot
contour interval will be compiled over the project limits. The planimetric features will be
digitized to Caltrans mapping specifications and formatted to meet Caltrans standards. Color
digital orthophotography at a scale of 1" = 50' with a pixel ground resolution of 0.25 foot (200
pixels per inch) will also be provided. The digital orthophotos will be georeferenced to the
project horizontal datum.
CONSULTANT will perform Pavement Surveys utilizing mobile LiDAR and conventional
topographic survey methods to capture the edge of traveled way, edge of shoulder,
pavement cross fall and other topographic features within the pavement areas for the
northbound and southbound directions of the I‐15 within the project limits. The LiDAR will
be captured in accordance with the Caltrans Surveys Manual. The LiDAR and topographic
data will be downloaded, processed, and tied to the horizontal and vertical control
established for this project. The topographic data will be plotted in CAD and a digital terrain
model (DTM) created for the existing ground surface.
CONSULTANT will perform Ground Topographic Surveys utilizing conventional ground survey
methods to supplement the aerial mapping and collect detailed topographic data at conform
areas and within the areas of proposed improvements. The topographic data will be
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downloaded, processed, and tied to the horizontal and vertical control established for this
project. The topographic data will be plotted in CAD, incorporated with the aerial mapping
and a digital terrain model (DTM) created for the existing ground surface, if applicable.
CONSULTANT will perform Utility Pothole Surveys utilizing conventional ground survey to
collect up to 30 utility potholes within the project limits. The utility potholes and geotechnical
bore holes will be collected upon completion of the underground utility and geotechnical
investigations.
TASK 2‐3A – GEOTECHNICAL BORE HOLE LOCATIONS
CONSULTANT will perform Geotechnical Bore Hole Surveys utilizing conventional ground
survey methods to collect up to 30 geotechnical bore holes within the project limits. The
geotechnical bore holes will be collected upon completion of the underground utility and
geotechnical investigations.
Deliverables:
Topographic Mapping in MicroStation 3D DGN format
Mobile LiDAR ABC Submittal
Utility Pothole Data in CSV format
Geotechnical Bore Hole data in CSV format
Field Notes in PDF format
ASCII Point Files
Assumptions:
The survey data will be tied to the Caltrans District 8 provided North American Datum of 1983
(NAD83), California Coordinate System Zone 6 and the North American Vertical Datum of 1988
(NAVD88) for the Interstate 15 corridor.
An encroachment permit will be required to perform the field surveys. The Client will provide a
parent permit and/or the full permit to complete the field surveys.
Access to private property, if required, will be provided to the survey team during normal business
hours (7a to 4p, Monday through Friday)
All deliverables will be in accordance with the Caltrans CAD and Survey standards.
Two (2) mobilizations for geotechnical bore holes have been included.
Two (2) mobilizations for utility potholes have been included.
The geotechnical boring field activities will occur under the original NEPA/CEQA clearance
document and only a CE/CE checklist will be needed.
2‐4 Geometric Workshops
CONSULTANT will conduct a workshop with Commission and Caltrans District 8 staff, the
geometric reviewer, and City staff to present and obtain consensus on the geometrics for
proposed project design.
CONSULTANT will identify and clarify non‐standard features.
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Assumptions:
Two (2) workshops
2‐5 Supplemental Design Standard Decision Documents
CONSULTANT will prepare Supplemental Design Standard Decision Documents for Boldface
and Underlined Design Exceptions for non‐standard design features.
2‐6 Roadway Plans (Geometric Approval Drawings)
CONSULTANT will prepare 30 percent level typical sections, layouts, profiles, superelevation
diagrams, and pavement delineation for the project. The 30% Roadway Plans will be
substituted by the Geometric Approval Drawing (GAD) submittal and serve as the basis of
geometric design for the project.
Deliverables:
30% GAD’s
2‐7 Rough Order of Magnitude (ROM) Cost Estimate
CONSULTANT will prepare a ROM construction cost estimate utilizing the 30 percent level
geometric plans for the project. The 30% construction cost estimate will be prepared based
on Caltrans Project Development Procedure Manual guidelines for Project Report Cost
Estimates, using the latest Caltrans Contract Cost Data.
Deliverables:
30% ROM Cost Estimate
2‐8 Utility Coordination
CONSULTANT will coordinate and work closely with Commission and its on‐call utility
coordination CONSULTANT, City, and utility companies to determine the need to relocate
impacted lines, using Caltrans policy for high‐ and low‐risk utilities. It is assumed the utility
companies will perform relocation design for their own facilities. Any necessary utility
relocation plans will not be part of the PS&E package developed by CONSULTANT.
CONSULTANT will perform potholing of existing high‐ and low‐risk utilities that are within
fifty (50) feet of the proposed improvements or cross the improvements and prepare and
distribute utility base maps to affected utilities for confirmation and determination of any
needs for relocations. CONSULTANT will provide exhibits to agencies to support the
relocations as required
Deliverables:
Utility base maps and plans
Utility conflict matrix
Assumptions:
Thirty (30) potholes are assumed to be required. Preparation of potholes include traffic
control and survey of pothole locations.
No Longitudinal Exceptions are included in this scope of work. It is anticipated any conflicting
utilities will be relocated outside of Caltrans Right‐of‐Way.
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2‐9 Traffic Study/Revalidation
CONSULTANT will prepare a Traffic Study/Revalidation to support the environmental re‐
validation task for the project. CONSULTANT will perform a two‐step approach: (1) verifying
that traffic volumes have not changed significantly compared to the approved environmental
document, and (2) updating the operations assessment to verify the operational
characteristics of the proposed design.
Traffic Volumes Review
CONSULTANT will collect mainline I‐15 traffic volumes at the I‐15 Frankin overcrossing and
collect roadway intersection counts at the Canyon Estates Drive/Franklin Road, Auto Center
Drive/Franklin Road, and Avenue 6/Franklin Road intersections. All counts will be during the
AM and PM peak periods (7‐9 AM and 4‐6 PM) and will include vehicle classification counts.
CONSULTANT will utilize these counts and the RIVCOM travel demand forecasting model to
develop opening year and 20‐year design volumes for the interchange (including the freeway
mainline). CONSULTANT will review the model to verify it generally replicates existing traffic
volumes in the study area consistent with travel demand validation guidelines and will work
with City of Lake Elsinore staff to verify that the future land use projections reflect plan
development in the area.
CONSULTANT will compare the volume data developed using the model and new traffic
counts to the volume data presented in the PA&ED document. CONSULTANT will provide
Caltrans a memorandum showing the volume comparison and derive conclusions as to
whether the volumes are “generally consistent” with the volumes previously used for
environmental clearance.
Operational Review
CONSULTANT will complete an operations assessment of the interchange using the
Synchro/SimTraffic software using the volumes developed as part of the traffic volume
review. CONSULTANT will evaluate the merge/diverge section of the freeway using HCM‐
consistent methodologies. The purpose of this effort will be to review one refined design
plan and verify that the interchange will provide sufficient operational performance (e.g.,
Level of Service (LOS)) and that the turn pocket lengths reflect the most up‐to‐date traffic
forecasts. CONSULTANT will summarize the results in a traffic operations report and submit
to the project team and Caltrans for review.
Deliverables:
Traffic Scoping Memorandum
Draft traffic operations report Addendum
Final traffic operations report Addendum
Assumptions:
A full re‐environmental traffic analysis is assumed to not be required.
The scope of work does not include LOS analysis for any other scenario other than
mentioned in scope of work above.
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The scope of work does not include developing trip generation rates for land uses not
defined in the ITE Trip Generation Manual.
Significant changes in the geometry developed as part of the project proposal, after the
start of work will be considered outside of the scope of work. The scope of work does not
include preparing any parking analysis.
VMT analysis based on SB743 methodology is assumed to not be required.
2‐10 Draft Geotechnical Reports
Preliminary Foundation Reports
CONSULTANT will prepare a Preliminary Foundation Reports (PFR) for Franklin Street OC to
provide preliminary geotechnical information to assist structural designers in the Type
Selection process. These PFRs will be prepared using the available subsurface data and the
format will be in accordance with the current Caltrans Guidelines.
Geotechnical Investigation
CONSULTANT will perform a Geotechnical Investigation. Caltrans is enforcing the AASHTO
recommendations of a soil boring at each bridge support locations where substructure width
is less than 100 feet; minimum of two borings are required per location where substructure
width is greater than 100 feet. For retaining walls, a soil boring is required every 100 to 200
feet. CONSULTANTS geotechnical field investigations plan is presented in Table 1.
Table 1. Proposed Soil Boring Information
Design Element Proposed Number of Borings Approximate Proposed Depth
(feet)
Franklin Street OC 2 80
1 120
RW 10 2 30
RW 15 2 50
RW/SW 17 1 40
RW 30 2 50
RW/SW 65 3 50
SW 20 1 30
Overhead Signs 18 40
Roadway Improvements
1 40
5 30
1 20
9 5-10
CONSULTANT will prepare a boring location plan and this plan will be used to secure
encroachment permits from Caltrans and City of Lake Elsinore. Any other permits, if required,
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will be secured by others. CONSULTANT will conduct subsurface investigation and evaluate
the results in accordance with Caltrans testing criteria.
Deliverables
Draft Preliminary Foundation Report
Geotechnical Exploration Plan
Assumptions:
Caltrans Standard Traffic Control Plans will be used during field exploration.
Preparation of separate traffic control plans will not be required.
A PFR is not needed and will not be prepared for any retaining walls.
2‐10.2 Draft Hazardous Material Reports
Initial Site Assessment (ISA) Addendum
CONSULTANT will prepare the ISA Addendum which will serve to evaluate current
environmental conditions (i.e., hazardous materials and petroleum products) within
the project footprint with respect to the approved project ISA and support
environmental revalidation, as necessary.
Utility Inspections
Transformers have historically contained polychlorinated biphenyls (PCBs).
Inspections of utility pole‐mounted transformers that will be relocated or removed
as part of the project must be performed. Any identified leaking transformers or
stained soil will be considered a potential PCB hazard, and the underlying soil must
be sampled.
CONSULTANT will provide as‐needed assistance to RCTC for coordination of field work and
site access including boring location plans, insurance certificates, etc. CONSULTANT will
mark exploration boring locations and notify Underground Service Alert (USA) to identify
public utilities in the planned area.
Prior to start of the project, CONSULTANT will prepare comprehensive project‐wide work
plan(s) including a health and safety plan (HASP) for the Project. The work plans will include
a Site Investigation Work plan and a Hazardous Materials Survey Work Plan. The work plans
will be submitted to and approved by Caltrans prior to start of the field work.
Deliverables:
Site Investigation Work Plan
Hazardous Materials Survey Work Plan
ISA Addendum Report.
Assumptions:
Caltrans Standard Traffic Control Plans will be used during field exploration.
Preparation of separate traffic control plans will not be required.
2‐11 Bridge Type Selection, Meeting, and Approval
CONSULTANT will prepare the Structure Type Selection documents for the Bridge and
nonstandard retaining walls with the most current Caltrans guidelines. CONSULTANT will also
develop an order‐of‐magnitude construction cost estimate. Anticipated construction
methods will be identified in the Type Selection process and coordinated with the project
geometry.
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CONSULTANT will submit Type Selection documents to Caltrans District 8 for submittal to the
Caltrans Office of Special Funded Projects (OSFP) for review and approval. CONSULTANT will
also attend a Type Selection review meeting at Caltrans Headquarters in Sacramento to
finalize structure type, foundations, seismic design, aesthetics, and traffic handling plans.
Deliverables
Bridge Site Data
Type Selection Report
Assumptions:
One two‐span Bridge Structure for the I‐15 Franklin Street Overcrossing (OC) Bridge
2‐12 Land Net Mapping
CONSULTANT will perform Cadastral and Title Research. Cadastral research will be performed
within Caltrans District 8, the county of Riverside, City of Lake Elsinore, and other applicable
entities for existing and/or available cadastral records in support of the parcels affected by
the proposed improvements.
CONSULTANT will perform Land Net Surveys and Mapping: Cadastral research will be
performed within Caltrans District 8, the county of Riverside, and other applicable entities
for existing centerline and right‐of‐way files and/or available cadastral records in support of
the centerline and right‐of‐way of Interstate 15, Franklin Street, Camino Del Norte, and other
adjacent and intersecting rights‐of‐way within the project limits.
CONSULTANT will request from Caltrans District 8 Surveys, any available centerline and/or
alignment files that have previously been developed and approved. Field surveys will be
performed to locate centerline and right of monuments to confirm centerline and/or
alignments received from Caltrans, calculate any other centerlines, and calculate the rights‐
of‐way affected by the proposed project.
The land net map will include centerlines, rights‐of‐way of the adjacent streets, and lots and
easements taken from the tract and parcel map information and preliminary title reports, as
well as underlying cadastral and ownership information as recorded with the Riverside
County assessor’s offices.
CONSULTANT shall prepare a Land Net Map to include the street centerlines and rights of
way, existing Caltrans right of way, proposed Caltrans and street rights of way, full and partial
fee takes and proposed temporary construction easements within the project area. The map
will also include found monuments and record cadastral information used to establish
property boundaries and any pertinent information necessary to prepare final acquisition
documents.
Deliverables:
Land Net Mapping in Microstation 3D dgn format
Field Notes in PDF format
ASCII Point Files
Assumptions:
Both permanent acquisitions, permanent easements and temporary construction easements
are anticipated to be required.
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Twenty‐five (25) parcels were anticipated and is the basis for the right of way engineering
activities herein.
A record of survey supporting the right of way acquisition will be required in accordance with
the California Professional Land Surveyors’ Act Section 8762. This record of survey will be
prepared and filed with the Riverside County Surveyor’s Office.
2‐13 Quality Assurance/Quality Control QA/QC
CONSULTANT will conduct Quality check of the submittal in accordance with Task 1‐1.4
QA/QC Plan.
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TASK 3 – 60% PS&E
3‐1 Roadway Plans
CONSULTANT will incorporate reviewing agency comments from the 30% submittal into the
roadway plans. Where it is not possible or desirable to incorporate certain comments,
CONSULTANT will provide an explanation. CONSULTANT will also develop a 60% construction
cost estimate.
Deliverables:
60% Plans
3.1.1 Lighting, Ramp Metering, Signals, and Communication Systems Plans
CONSULTANT will collect record drawings for electrical systems from Caltrans, City of Lake
Elsinore, and Riverside County, including Traffic Signals, Street Lighting, Highway Lighting,
Interconnect, Ramp Metering, and Caltrans Fiber Optic Communications. CONSULTANT will
perform a field visit to confirm (where possible) the data described in the record drawings
and collect information that will be needed to perform the design.
CONSULTANT will prepare 60% plans, quantity sheets and project specific details for Highway
lighting, ramp metering, traffic signals, communication systems, the changeable message
sign (CMS) located within State Highway right of way, in compliance with Caltrans and City
standards.
Deliverables:
60% Lighting Plans and Details
60% Ramp Metering Plans and Details
60% Traffic Signal Plans and Details
60% Traffic Monitoring System
CCTV and Communication System
Changeable Message Sign System
Electrical Services (Irrigation) System
Assumptions:
It is assumed no traffic monitoring (TMS) features exist for the project, but CONSULTANT
will coordinate with Caltrans to confirm that ramp meter and electrical designs will not
preclude future I‐15 traffic monitoring features within the project limits, if/where
applicable
3‐1.2 Planting and Irrigation Plans
CONSULTANT will prepare Planting and Irrigation Plans per Caltrans Plans Preparation
Manual and the latest Construction Contract Standards.
Planting Plans
Planting plans will provide an integrated palette of material in accordance with City /
County landscape guidelines, Caltrans and FHWA guidelines, in addition to a seamless
palette as that of Railroad Canyon and Main Street.
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Irrigation Plans
The Irrigation plans will indicate new points of connection based upon Caltrans / City /
County water department / district requirements, backflow prevention, pressure regulation
(as necessary), and equipment size and type in the irrigation legend. This task includes one
site visit with Agency maintenance representatives to determine the placement and
preferred type of proposed equipment. CONSULTANT anticipates providing the following
information in accordance with the State Water Ordinance (MWELO) and / or the City of
Lake Elsinore adopted ordinance:
Prepare water usage calculations (MAWA and ETWU) based on the water
ordinance.
Provide water efficient landscape worksheet and hydrozone table for each remote
control valve per ordinance (water use category, area served in s.f., controller
number, valve size and flow).
Obtain horticultural soils report (Agronomic data) based on soil samples obtained
from site by CONSULTANT. Report to be provided by Soil and Plant Laboratory in
Orange, CA. or equal.
Provide irrigation run time schedule per ordinance based on soil type.
Rain and wind sensors will be added per ordinance.
Statement note will be added regarding ordinance.
Add WUCOLS water use classifications for all plant material.
WELCP – Water Efficient Landscape Calculation Plan (per Caltrans)
If it is determined that the cost for highway planting and irrigation will exceed $200,000, a
separate highway planting contract for construction will be required. The contract
documents will include all that is needed for a standalone PS&E for Commission to bid the
highway planting as a separate contract.
Deliverables:
60% Highway Planting and Irrigation Plans, Details, and Quantity sheets
Assumptions
This task does not include Erosion Control measures at this time based on the desire to
plant and irrigate the entire project area.
3‐2 Drainage Report and Storm Water Data Report
3‐2.1 Draft Drainage Report
CONSULTANT will update the drainage report to address the existing drainage condition and
the proposed mitigation and design. This report shall consider both onsite and offsite
systems.
Deliverables:
Draft Drainage Report
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Assumptions
Detention basins and storage features will be designed to reduce peak discharge from the site
during the 100 Year 24‐hour storm event to pre‐project conditions. Detention basins will be
designed to allow for treatment of stormwater for the water quality event based on current
Caltrans guidelines.
Offsite flow volumes conveyed into Caltrans Right of Way will be provided by others. No offsite
hydrology will be performed.
All culvert crossings and drainage features will be able to utilize standard plans and details
(no structural analysis or design required).
3‐2.2 Draft Storm Water Data Report
CONSULTANT will prepare a Draft Storm Water Data Report to address storm water quality
(NPDES & Caltrans) requirements.
Deliverables:
Draft Storm Water Data Report
3‐3 Landscaping and Aesthetics
3‐3.1 Conceptual Landscape Plan
CONSULTANT will develop a conceptual landscape plan for areas between ramps and the
freeway as well as entry and exit points on local roads. This plan will designate the location
of proposed “low maintenance” trees, shrub areas, ground cover and inert materials (such
as wood mulch, rock blanket, etc.). A proposed plant palette will also be provided for
review and approval by the City and Caltrans. Preliminary points of connection for
permanent irrigation and controller locations will be shown. Upon approval of this plan,
CONSULTANT will move forward with final planting and irrigation plans. The final
conceptual plan will be prepared in color with images of the proposed plant materials. This
task includes one set of revisions to the conceptual plan to obtain approval prior to moving
forward with the final design plans.
3‐3.2 Structures Aesthetic Concepts
CONSULTANT will prepare aesthetic treatment concept plans for retaining walls, abutments
and bridge side treatment. CONSULTANT will prepare two conceptual sketches for each of
the structure aesthetic elements, which may include the following: soundwalls, barrier
recess (inset) enhancements, fencing, pilasters at overcrossing corners, and abutment
walls. Proposed aesthetics will blend with the City's existing features such as branding and
transportation art and will represent the City's Community identity.
Deliverables:
Two (2) aesthetic concept sketches for the bridge and retaining walls
Landscape concept plan
3‐4 Utility Plans and Coordination
CONSULTANT will identify utilities in the project area and obtain as‐built plans or inventory
maps from the utility owners for their existing facilities. This will involve preparing and
mailing preliminary and follow‐up letters requesting current information on any existing
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facilities. This information, along with performing site verifications and working with design,
will be used to identify locations of utilities. Below is a list of utility owners identified being
within the project area that notices will be sent to: City of Lake Elsinore;
Eastern Municipal Water District
Elsinore Valley Municipal Water District
Frontier
Southern California Edison – Distribution & Transmission
Southern California Gas – Distribution
Spectrum
3‐5 Retaining Wall Plans
CONSULTANT will prepare retaining wall layout plans, profiles and structural details, if
necessary, for the walls specified in the project.
CONSULTANT will prepare draft technical special provisions for the retaining walls and
soundwalls (if needed).
Deliverables:
Retaining Wall Plans, Details, and Quantities
Structures aesthetic concept
Assumptions:
Retaining Wall (RW 10; max. H = 6 feet) Approximately 440 feet long Caltrans Type 5
Retaining Wall (RW 15; max. H = 36 feet) Approximately 240 feet long Caltrans Type 1
Retaining Wall (RW/SW 17; max. H = 18 feet) Approximately 230 feet long Caltrans Type
5SWB
Retaining Wall (RW 30; max. H = 24 feet) Approximately 410 feet long Caltrans Type 1
Retaining Wall (RW/SW 65; max. H = 24 feet); Approximately 620 feet long Caltrans Type
1SWB
Sound Wall (SW 20); Approximately 500 feet long Caltrans Standard
3‐6 Bridge Plans (Unchecked)
CONSULTANT will prepare layout plans, structural details, and draft technical provisions for
the bridge. Bridge design will be in accordance with Caltrans Seismic Design Criteria, Bridge
Design Specifications, Memos to Designers and Bridge Design Details Manual. Details and
construction specifications will be prepared in accordance with Caltrans Standard Plans,
Standard Specifications, and Standard Special Provisions. CONSULTANT will update the
bridge General Plan estimate to verify its ongoing validity.
Deliverables:
Unchecked structure plans
Structures aesthetic concept
Draft Structures Special Provisions
Updated Structures Cost Estimate
3‐7 Transportation Management Plan (TMP)
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CONSULTANT will prepare a TMP that includes elements for traffic handling during
construction. The TMP will be coordinated with the impacted cities, Caltrans, and other
stakeholders. The TMP will include Stage Construction and Detour Plans.
Deliverables:
Transportation Management Plan
Stage construction and traffic handling
Detour layouts
Construction area signs
3‐8 Draft Geotechnical and Hazardous Material Reports
CONSULTANT will incorporate reviewing agency comments from the 30% submittal and
update the geotechnical reports. Where it is not possible or desirable to incorporate certain
comments, CONSULTANT will provide an explanation.
Geotechnical Reports
Results obtained from the field investigation and laboratory testing will be used to
characterize subsurface soils and conditions and create idealized soil profiles for design
purpose. The following analyses will be performed for the project:
Evaluation of seismicity and estimation of Peak Ground Acceleration based on the
Caltrans design criteria, and recommendations of an ARS curve for the bridge structural
design.
Assessment of soil liquefaction potential, seismic settlement, and lateral spreading.
Foundation analysis for bridge, retaining walls, and overhead signs.
Assessment of global slope stability and settlement of embankments.
Evaluation of soil corrosivity conditions and recommendations for mitigation measures.
Design of pavement structural section in accordance with the Caltrans method.
CONSULTANT will prepare the reports listed in Table 2 for the 60% PS&E submittal. DRA
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Table 2. Design Reports
Design Element Review Agency Deliverables
Franklin Street OC Caltrans Foundation Report (FR)
RW/SW 17 and RW/SW 65 Caltrans Foundation Report (FR)
Standard Retaining Walls, Sound Wall,
Overhead Signs, Roadway Cuts/Embankments,
and Infiltration Test Results
Caltrans Geotechnical Design Report (GDR)
Pavement Structural Sections Caltrans Materials Report (MR)
Hazardous Material Reports
CONSULTANT will test the unpaved areas of the project footprint for aerially deposited lead
(ADL) contamination. It is assumed borings will be required by Caltrans for impacted areas
along the I‐15 mainline, the existing ramps, and public ROW.
Samples will be analyzed for lead using the Environmental Protection Agency (EPA) Method
6010B and pH. Samples will also be analyzed via the California Waste Extraction Test (CA‐
WET) and Federal Toxicity Characteristic Leaching Procedure (TCLP), as necessary.
CONSULTANT will prepare a detailed ADL report summarizing the findings of the field
investigation. The report will contain a description of the field activities and summary of the
laboratory results, conclusions and recommendations, tables, and figures as necessary. The
soil will be classified in accordance with hazardous waste criteria and Caltrans soil
classifications.
CONSULTANT will perform statistical analysis of the ADL results using the 95% upper
confidence limit (UCL) on the mean by using the EPA Pro‐UCL computer program.
CONSULTANT will prepare a detailed SI report summarizing the findings of the field
investigation. The report will contain a description of the field activities and summary of the
laboratory results, conclusions and recommendations, tables, and figures as necessary. The
soil will be classified in accordance with hazardous waste criteria and Caltrans soil
classifications.
Asbestos‐containing materials (ACM), lead‐based paint (LBP), and other hazardous
materials may be present on the Storms Sports electronic billboard along southbound I‐15
where the new interchange is planned. Because the structures will be removed, an ACM,
LBP, and Universal Waste Rule materials investigation must be performed to properly
manage and dispose of the demolition debris.
CONSULTANT will utilize our California Division of Occupational Safety and Health
Administration (Cal‐OSHA) Certified Asbestos Consultant (CAC) or Certified Site Surveillance
Technician (CSST) to conduct a site reconnaissance to identify the locations of potential
ACMs and our California Department of Public Health (CDPH) certified inspector/assessor to
conduct a site reconnaissance to identify the locations of potential LBP and collect samples.
CONSULTANT will prepare an ACM, LBP, and Universal Waste Rule investigation report
summarizing our findings.
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Deliverables
Draft Geotechnical Design Report
Draft Materials Report
Draft Preliminary Foundation Report and Foundation Report
Life Cycle Cost Analysis
ADL report
Asbestos Containing Materials Survey
Phase II
Assumptions:
Traffic window for drilling within Caltrans right‐of‐way is 10PM to 5AM every day of the
week, and traffic window for drilling within City of Lake Elsinore right‐of‐way is 8AM to
5PM.
No permit fees are assumed.
Well permits are not required for Geotechnical borings or infiltration testing.
Commission will be responsible for direct payment of all permit fees.
Based upon the standard Caltrans sampling frequency of 300 feet on each side of every
roadway, it is assumed that no more than 35 borings will be required for the investigation.
Laboratory analysis will be conducted using standard turnaround times.
No concrete/asphalt coring or patching will be required.
If significant additional sampling depth intervals or locations are required, additional
laboratory costs may be incurred that are not included.
Striping will be managed using Caltrans Standard Special Provisions and does not require
sampling.
3‐9 Environmental Re‐Validation and Permitting
3‐9.1 Environmental Re‐Validation
Approach Memorandum
CONSULTANT will prepare an Approach Memorandum outlining each resource area
addressed in the adopted CEQA/NEPA document and the work that will be performed
related to that resource area based on the finalized project layout, or conversely the reason
why no additional effort is required. No detailed discussion or analyses are assumed to be
included in this document. This Memorandum will just be used to obtain concurrence from
the California Department of Transportation (Caltrans) on the analyses to be performed.
Deliverables:
Draft and Final Approach Memorandum
Biological Resources
CONSULTANT will conduct an updated literature search, perform a field review, and prepare
a biological resources assessment and impact analysis for inclusion within the Environmental
Re‐Validation.
A literature review will be conducted to identify any new special‐status species known or
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reported from the project area, and/or any new species that is listed on the updated
species lists. The literature review will include:
Updated special status species list from the U.S. Fish and Wildlife Service (USFWS).
Database searches of current versions of the California Natural Diversity Database (CNDDB)
and the Online Inventory of Rare and Endangered Plants of the California Native Plant Society
(CNPS).
Existing documentation of biological resources within the study area including past Natural
Environment Studies for the project; and
The Western Riverside County Multi Species Habitat Conservation Plan (MSHCP).
Fairy Shrimp Surveys ‐ As San Diego fairy shrimp (Branchinecta sandiegonensis) have been
documented in the vicinity of the project (USFWS data). CONSULTANT will conduct protocol
surveys for listed large branchiopods (fairy shrimp). The protocol for fairy shrimp surveys
consists of a wet season survey and a dry season survey (USFWS 2017). Each will be sampled
until it dries or a minimum of 120 consecutive days of inundation has occurred (based on the
life cycle of Streptocephalus woottoni). If live fairy shrimp are observed in a basin, they will be
identified to species level. Note that the USFWS may determine wet season results as
unreliable if moderate to extreme drought conditions persist through the wet season.
A dry season survey includes collection of soil samples from suitable habitat, processing of soil
to collect fairy shrimp cysts (resting ‘eggs’), and analysis samples to inspect presence of fairy
shrimp cysts. Soil samples will be collected in the summer of 2024 and require one site visit in
summer or early fall (typically within June to September). The project area will be evaluated
with a field reconnaissance survey covering all portions of the revised design portions of the
project layout, relevant to potential biological resources. The revised design area and buffer will
be evaluated regarding the presence, absence, or likelihood of occurrence of any special‐status
species, habitats, or sensitive biological resources for which impacts may change as a result of
the updated design. Results of the literature review and field reconnaissance will be
summarized in the Environmental Re‐Validation.
Assumptions:
No sensitive resources will be present and that no Western Riverside County Multiple
Species Habitat Conservation Plan analysis, documentation, coordination, or compliance
related activities will be needed.
Biological technical analysis included in the Environmental Re‐Validation (no separate
document or submittals related to biological documentation are assumed or included)
No separate biological resources document will be required.
Up to three basins or road ruts (seasonally inundated basins) and up to twenty site visits will
be required.
Jurisdictional Resources
A field verification of the previous jurisdictional delineation will be conducted to confirm the
location, extent and type of jurisdiction resources within the project study area and to confirm
conformance with current resource agency standard delineation methods During the field visit,
where needed, CONSULTANT will capture updated resource data, utilizing routine on‐site
methods. For the verification, CONSULTANT will confirm that all procedures and practices
utilized are consistent with the following publications and agency guidance documents: United
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States Army Corps of Engineers (USACE) Wetland Delineation Manual (1987); USACE Regional
Supplement to the Wetland Delineation Manual, Arid West Region, Version 2.0 (2008); as well
as other current guidance and standard practices from each agency.
Due to the potential for wetlands within the study area, CONSULTANT will mark the corner
boundaries of each parcel within the study area the first day of fieldwork and will notify
DigAlert to enable the utility operators to either mark their infrastructure onsite or confirm that
no infrastructure is present (pursuant to State and federal health and safety laws). After
completing the required DigAlert notification, CONSULTANT will perform needed subsurface
sampling required to verify or update the wetland data forms.
The field survey results will be compiled and presented in a Jurisdictional Delineation
Verification Memo that will confirm the findings of the previous jurisdictional delineation
report and/or update the type and quantity of aquatic resources as they pertain to each
agency.
Deliverables:
Draft and Final Jurisdictional Delineation Verification Memorandum
Draft and Final Wet Season Fairy Shrimp Sampling Letter Report (incorporate as
attachment to Environmental Re‐Validation)
Draft and Final Dry Season Fairy Shrimp Sampling Letter Report (incorporate as
attachment to Environmental Re‐Validation)
Cultural Resources
CONSULTANT will obtain an updated records search from the Eastern Information Center, part
of the California Historical Resources Information System to confirm no new resources have
been identified within one mile of the project area of potential effects (APE) since the original
cultural documentation was prepared for the project. It is expected some revisions to the
existing Area of Potential Effects (APE) map will be needed to accommodate additional
overhead sign foundations. It is assumed that no other work would be proposed outside of the
already approved APE. The map shall provide the survey boundaries for cultural resources to
be evaluated during project studies. CONSULTANT will also contact the Native American
Heritage Commission and request a review of its Sacred Lands File to confirm if any new
resources have been identified since the original cultural documentation was prepared. It is
assumed that updated Native American consultation will not be required.
Following completion of the record search/review, CONSULTANT shall conduct a field survey of
the updated APE areas for archaeological resources. We anticipate that a supplemental
Archaeological Survey Report (Finding of No Archaeological Resources Present) will be prepared
to address these areas that are added to the APE and no additional documentation will be
required.
It is assumed that no letters requesting information on historic properties will need to be sent
related to the project.
Following completion and approval of the updated APE and supplemental ASR preparation,
CONSULTANT will prepare a supplemental HPSR in accordance with Caltrans/FHWA standards
for Section 106 compliance with the NHPA. It is anticipated that the proposed project shall
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result in a supplemental HPSR with a finding that no properties eligible for listing on the NRHP
or CRHR are present within the project’s APE.
Deliverables:
Draft and Final Supplemental Historic Property Survey Report/Supplemental
Archaeological Survey Report
Assumptions:
RCTC will be responsible for obtaining access for conducting the surveys.
No archaeological sites will be identified in the APE and that no testing and/or evaluation
will be required.
Supplemental Noise Study Report
A Noise Study Report (NSR) was already prepared and approved for the I‐15/Franklin Street
Interchange project. It is also understood that some design changes associated with the
frontage road to the northwest of the interchange will be necessary to accommodate a new
development which has occurred since the CEQA/NEPA document was adopted. As such, it
is assumed that a supplemental noise analysis focusing on the relocated frontage road
would be required in order to identify the need for abatement at noise sensitive receptors
in proximity to the relocated frontage road. Accordingly, a supplemental Noise Study
Report (SNSR) will be prepared consistent with the guidance included in Caltrans’ Protocol
and Caltrans’ Technical Noise Supplement.
It is assumed the traffic information from the adopted CEQA/NEPA documentation is still
valid for the updated opening and future years and that no change to the traffic
information from the CEQA/NEPA documentation will result. It is assumed that the only
noise sensitive receptor that will need to be addressed is the new housing development in
the northwest quadrant of the interchange. CONSULTANT will consult with the Caltrans
District 8 noise specialist (if necessary) assigned to this project to confirm that the
requirements are addressed. CONSULTANT will prepare a Noise Work Plan (if required) for
Caltrans review and approval prior to initiating the noise work.
It should be noted that an acoustical analysis of the project was prepared analyzing the
effect of the project on noise sensitive receptors present at the time of the Environmental
Document (ED). CONSULTANT will not conduct measurements at any of the existing noise
sensitive receptors which were analyzed in the ED where no changes to the project
alignment have occurred.
CONSULTANT will prepare focused traffic noise model that addresses the frontage road
design change, using the FHWA Traffic Noise Model (TNM) Version 2.5. Since it is assumed
that the traffic from the adopted CEQA/NEPA document will be determined to be valid for
the updated opening year and design year it is assumed that the noise analysis will just
address the area of the revised frontage road where the new housing development is
located. TNM will be used to model worst‐hour traffic noise conditions at representative
modeled receiver locations under existing conditions and design‐year build and no build
conditions with the proposed project.
If traffic noise impacts are projected to occur, information on the preliminary feasibility and
reasonableness of noise abatement, as defined in the Protocol, will be evaluated and
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presented for use by decision makers in considering noise abatement.
CONSULTANT will prepare a Supplemental (SNSR), focusing on the area analyzed (i.e., the
frontage road relocation area), addressing the requirements of 23CFR772 in accordance
with guidance in the Protocol and following the NSR format indicated in the Caltrans
Annotated Noise Study Report Outline.
The SNSR will also review any noise barriers that were evaluated as part of the I‐15/Franklin
Interchange portion of the project in the adopted CEQA/NEPA document and will
determine the updated noise barrier allowance associated with each noise barrier.
Deliverables:
Draft and Final Noise Work Plan
Draft and Final focused Supplemental Noise Study Report
Assumptions:
Up to two (2) noise barriers will need to be evaluated.
No noise barriers previously determined to be not reasonable will be determined to be
reasonable.
No noise surveys for noise barriers evaluated in the previously approved NSR and/or NADR
will need to be conducted.
All analysis and documentation will be focused on the relocated local frontage road and new
housing development in the northwest quadrant of the interchange. A new noise analysis
evaluating the entire project is not assumed or included.
The TNM model from the original project will be provided by RCTC to use as a basis for the
focused noise model.
No additional noise model validations will be prepared with the exception of any new
measurement locations (up to three locations assumed).
Supplemental Noise Abatement Decision Report
CONSULTANT will prepare a Supplemental Noise Abatement Decision Report (SNADR) analyzing
the reasonable allowance for any barriers and respective barrier heights which meet the
feasibility requirement and design goal discussed in the SNSR.
As part of the SNADR process, CONSULTANT will also work with RCTC, and Caltrans, to prepare
noise barrier surveys and conduct the survey process to determine the viewpoints of benefited
receptors with respect to any walls (i.e., whether owners and residents support or oppose any
recommended noise barriers) included as abatelement as part of the project.
Deliverables:
Draft and Final focused Supplemental Noise Abatement Decision Report
Mailing of Noise Barrier Surveys (assumes up to ten benefitted receptors will be sent
noise barrier surveys for each barrier – up to two [2] noise barriers are assumed to
require noise barrier surveys)
Assumptions:
Up to two (2) noise barriers will be evaluated in the SNADR and that noise surveys will be
conducted for up to two 2) noise barriers.
Up to ten benefitted receptors will be mailed noise barrier surveys for each noise barrier and
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that surveys will be mailed twice for each barrier.
Air Quality
CONSULTANT will document in the Environmental Re‐Validation that the original analyses and
conclusions related to construction and operational emissions impacts are still valid. The
evaluation will include review of the air quality study, traffic data, and current plans for
Assumptions:
No significant design changes have occurred since the previous environmental analysis (just
the relocation of the frontage road) and that the relative magnitude of operational
emissions between the build and no‐build alternatives is the same as previously evaluated.
Air quality evaluation included in the Environmental Re‐Validation (no separate document
or submittals related to air quality documentation are assumed or included).
Air quality conformity determination is still valid and does not need to be updated.
Traffic information from the adopted CEQA/NEPA documentation is still valid for the
updated opening and future years and that no change to the traffic information from the
CEQA/NEPA documentation will result. If traffic information changes, then additional air
quality effort, would be required.
Environmental Re‐Validation
CONSULTANT will prepare a single NEPA/CEQA Environmental Re‐Validation (ER) form based on
the ER form that is available on the Caltrans Standard Environmental Reference (SER) at the time
that the document is prepared. The ER will address any modifications to the project design that
are included in the project design since the adoption of the CEQA/NEPA document for the
project. The ER will also document that the I‐15/Railroad Canyon Interchange has been
constructed and the change in the opening and design years for the I‐15/Franklin Street
Interchange. The Re‐Validation will document the following items. It will identify and document
whether there are:
Changes in project design (e.g., substantial scope change; a new alternative; change in project
alignment)
Changes in environmental setting (e.g., new development affecting traffic or air quality)
Changes in environmental circumstances (e.g., a new law or regulation; change in the status
of a listed species)
Changes to environmental impacts of the project (e.g., a new type of impact, or a change in
the magnitude of an existing impact)
Changes to avoidance, minimization, and/or mitigation measures since the environmental
document was approved.
Based on the results of the above analyses a determination will be provided on the NEPA/CEQA
Re‐Validation Form regarding the validity of the existing CEQA and NEPA documents and findings.
Deliverables
Draft Environmental Re‐Validation
Assumptions:
No new mitigation, or elimination or reduction of mitigation commitments, will be identified
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or required, that no revisions to the CEQA/NEPA documentation itself will be required, and
that no recirculation or public availability of the CEQA/NEPA documentation will be
required.
No areas containing sensitive environmental resources will be affected/impacted and no
new laws or regulations will be identified since adoption of the environmental document
that have to be addressed.
The CEQA/NEPA documentation is still valid in conjunction with the above listed analyses
and that no further action is required related to environmental documentation.
No analysis related to phasing will be required since adopted CEQA/NEPA document
discussed that the project would be phased.
The Traffic Re‐Validation concludes that the traffic included for the opening year and design
year in the adopted CEQA/NEPA document is valid for the updated opening year and design
year that is now associated with the project.
No vehicles miles travelled (VMT) analysis will be required for the project and no further
Senate Bill (SB) 743/VMT documentation will be required.
The purpose and need from the adopted CEQA/NEPA document will not be revisited or
revised.
All modifications/improvements will be located within the limits of disturbance (LOD) (and
Area of Potential Effect [APE]) from the adopted CEQA/NEPA documentation, with the
exception of minor areas that may extend beyond these limits associated with the additional
overhead signs required approaching the interchange.
Focused or protocol surveys are not anticipated or included. If focused surveys are identified
during the biological field reconnaissance, then this will be communicated immediately and a
scope and cost for this work will be provided prior to conducting this work.
RCTC will provide copies of all environmental technical studies, report, documents, approvals,
etc. prepared to date for the project.
It is assumed that all rights of entry and access for field work shall be obtained and provided
by RCTC, if required.
The project traffic study will contain traffic data for nearby roadway segments and I‐15 in
terms of AM/PM peak hour turn movements. Vehicle miles travelled cannot be used for traffic
noise analysis.
3‐9.2 Environmental Permitting
Aquatic Resources Permitting
Aquatic Resource Impact Analysis
As part of the application preparation for the project, CONSULTANT will complete an impact
analysis that quantifies the proposed project impacts, using the GIS files generated from the
jurisdictional delineation and the updated project design. The analysis will include the
impacts categorized by permanent and temporary, by jurisdiction (USACE, Regional Water
Quality Control Board [RWQCB] and California Department of Fish and Wildlife [CDFW]),
and by resource type.
USACE Clean Water Act (CWA) 404 Nationwide Permit Authorization Request
It is assumed that the project will be processed under the U.S. Army Corps of Engineers
Nationwide Permit (NWP) Program. A written request for authorization (a PCN) under the
NWP Program will be prepared for review and submitted to the USACE. Should the project
exceed the limits of a NWP, an Individual Permit may be required from the Corps, which is
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not included in this scope of work.
Deliverables:
Draft PCN documentation for client and then USACE review
Final PCN documentation for client review and then USACE review and issuance of
permit
RWQCB Water Quality Order Application
An application for a Water Quality Order will be prepared and submitted to the RWQCB for
review. The project is expected to require an alternatives analysis and to qualify as a Tier 2
project. Tier 2 projects include any projects that inherently cannot be located at an
alternate location and require an analysis of on‐site alternatives. The alternative analysis is
assumed to consist of three alternatives: the proposed project, the no‐project alternative
and one additional on‐site alternative.
Deliverables:
Draft Water Quality Order application
Final Water Quality Order application and RWQCB issuance of permit
CDFW Section 1602 Lake or Streambed Alteration Notification
CONSULTANT will prepare a Notification of Lake or Streambed Alteration for the project.
The request will include a completed notification form; detailed project description;
description of project impacts; CEQA documentation; and a brief description of the
mitigation proposal.
A processing fee must be provided to CDFW with the notification; this fee is based on the
cost of the project. CONSULTANT assumes that the client will provide the appropriate fee.
Deliverables:
Draft and Final Notification of Streambed Alteration Agreement
Restoration Plan
CONSULTANT will prepare a Restoration Plan that is expected to be required as a condition
of the Section 404 Nationwide Permit Authorization from the USACE, the Section 401 Water
Quality Certification from the RWQCB and Streambed Alteration Agreement from CDFW.
The Restoration Plan is expected to address the restoration of temporary impact areas
within the project site.
CONSULTANT will prepare the plan in accordance with USACE, RWQCB and CDFW
guidelines and expectations and will include, at a minimum, methodology and design to re‐
contour the land; measures to alleviate soil compaction; native plant species to be used,
container sizes, and seeding rates; planting schedules; description of irrigation
methodology; measures to control exotic vegetation on‐site; monitoring and reporting
program; specific success criteria; and corrective actions to be taken if restoration activities
do not meet the proposed success criteria, as appropriate.
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Deliverables:
Draft and Final Restoration Plan
Compensatory Mitigation Strategy Plan
CONSULTANT will prepare a plan to summarize how the client intends to comply with
compensatory mitigation requirements. CONSULTANT will work with the client to develop a
mitigation strategy that will meet the project needs and that can be presented to the
aquatic resource agencies for approval. CONSULTANT will evaluate the options regarding
availability of appropriate mitigation, pricing, agency preference and efficiency of fulfilling
the mitigation needs and provide recommendations to the project proponent and the
associated agencies.
CONSULTANT to work with the client to identify agency approved mitigation banks or in‐
lieu fee programs to mitigate the permanent impacts on aquatic resources. The draft
compensatory mitigation plan is required to include the following:
A watershed profile for the project evaluation area for both the proposed dredged or fill
project and the proposed compensatory mitigation project.
An assessment of the overall condition of aquatic resources proposed to be impacted by
the project and their likely stressors, using an assessment method approved by the
permitting authority.
A description of how the project impacts and compensatory mitigation would not cause a
net loss of the overall abundance, diversity, and condition of aquatic resources, based on
the watershed profile.
CONSULTANT will prepare the draft compensatory mitigation plan, addressing the items above,
and submit it as part of the RWQCB application. A draft compensatory mitigation plan is required
as part of a complete application. To inform the approach and recommendations in the draft
compensatory mitigation plan, a California Rapid Assessment Method (CRAM) of the aquatic
resources proposed to be impacted assessing the condition of those resources will be performed.
Deliverables
Draft and Final Compensatory Mitigation Strategy Plan
Regulatory Agency Coordination
Regulatory agency (USACE, RWQCB, and CDFW) coordination will commence immediately upon
receipt of Notice to Proceed and will continue throughout the permit processing period. The
primary objective of initiating agency coordination at the start of the project is to explain the
proposed project and project schedule, receive agency buy‐in of the permit approach, and
identify specific agency staff assigned to the project in advance of submitting permit
applications. CONSULTANT has found that early coordination with the agencies and
identification of assigned agency staff prior to submitting applications has led to quicker agency
review of submitted materials and faster response times.
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Assumptions:
Coordination with the State Historic Preservation Office or tribal representatives for Section
106 of the National Historic Preservation Act is not included. Any cultural resources effort
would be considered out of scope.
Formal or informal consultation with the wildlife agencies will not be required to demonstrate
compliance with federal Endangered Species Act (FESA) or California Endangered Species Act
(CESA).
The applicant (RCTC) will pay all required application and/or permit fees directly.
No biological related fieldwork, surveys, documentation, consultation, or other effort will be
required related to the permits.
It is assumed that all rights of entry and access for field work shall be obtained and provided
by RCTC, if required.
No costs for compensatory mitigation and/or implementation of aquatic resource restoration
or mitigation are included. Only the preparation of the Restoration Plan and Compensatory
Mitigation Strategy Plan themselves are included.
Lack of availability of adequate mitigation options for the project will not be the responsibility
of the CONSULTANT.
Mitigation options will be identified with a reasonable amount of effort. Mitigation for the
Project, if required, will be identified, negotiated, secured, and purchased by RCTC.
No mitigation land siting, negotiation, or acquisition is included.
Compliance or effort associated with the implementation of any permit compliance
requirements or measures are not included in this scope of work.
The proposed project will not require a Section 408 authorization by the USACE.
All permit fees will be paid directly by RCTC. No fees are included in this scope of work or
associated cost estimate.
3‐10 Draft Right of Way Engineering
CONSULTANT will develop Right of Way documents for support in acquisition. Right‐of‐Way
Engineering Services will be conducted per Caltrans latest Standards.
Cadastral and Title Research:
Once acquisitions are identified by the CONSULTANT, additional cadastral research will be
performed, as needed. Preliminary title reports will be obtained to support the acquisitions.
The information contained in the title reports will be plotted and included on the land net
mapping. The title reports will be ordered per property owner.
Pre‐Conditions Record of Survey:
The land net prepared for the existing conditions of I‐15, Franklin Street and other critical
rights of way will be documented on a record of survey and filed with the Riverside County
Surveyor’s Office. This record of survey will be prepared to document this establishment, the
monuments found, the cadastral and title information obtained, and the areas of proposed
acquisition. The record of survey will be prepared in accordance with the Professional Land
Surveyors Act and County of Riverside requirements.
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Right of Way Appraisal Mapping:
CONSULTANT will prepare appraisal maps in support of the acquisition of full or partial takes,
easements, and temporary construction easements in accordance with Caltrans District 8
right of way standards. These appraisal maps will include the affected parcels, right of way
establishment, cadastral\title information, and proposed acquisition areas.
Legal Descriptions and Plats:
CONSULTANT will prepare legal descriptions and plats to support the acquisition of any full
or partial takes and easements. The Legal descriptions will be prepared in accordance with
Caltrans District 8 right of way standards.
Parcel Files:
Throughout the course of the project and right of way engineering process, parcel files will
be maintained by CONSULTANT to support the boundary research, boundary establishment,
mapping and documents prepared for each affected parcel.
Deliverables:
Updated Land Net Mapping in CAD format
Record of Survey in PDF format
Appraisal Mapping in CAD and PDF formats’
Legal Descriptions\Plats in PDF format
Title Reports in PDF format
Parcel Files
Assumptions:
50 legal descriptions and plats are included for various acquisition purposes.
25 title reports have been assumed.
3‐11 Special Provisions and Estimates
3‐11.1 Special Provisions
CONSULTANT will prepare unedited Special Provisions per the latest Caltrans guidelines.
3‐11.2 Cost Estimates
CONSULTANT will prepare a 60% construction cost estimate using Caltrans standard BEES
Items List and using the latest Caltrans Contract Cost Data.
Deliverables
Draft Special Provisions
Draft Cost Estimate
3‐12 Draft Constructability Review
CONSULTANT will review the 60% PS&E package for contractor constructability and
incorporate the requirements as needed.
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3‐14 Supplemental Project Report (SPR)
CONSULTANT will prepare a Supplemental Project Report to document the change in project
conditions from when the original PA/ED for the interchange was completed. The Supplemental
Project Report will extend the project limits to cover additional advance signage required by Caltrans.
Deliverables
Draft SPR and Final SPR
3‐15 Agreements (Freeway, Maintenance, Landscape, Electrical)
CONSULTANT will revise agreements and make updates to required exhibits/attachments in
coordination with RCTC and Caltrans for project acceptance.
Deliverables
Freeway Agreement
Maintenance Agreement
Landscape Agreement
Electrical Agreement
3‐16 QA/QC
CONSULTANT will conduct Quality check of the submittal in accordance with Task 1‐1.4
QA/QC Plan.
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TASK 4 – 95% PS&E
4‐1 Update Roadway Plans
This submittal will include comments, reviews, coordination efforts, and updated
information. CONSULTANT will update the Roadway Plans. Response and resolution of all
review comments for each deliverable from the 60% submittal will take place prior to 95%
submittal. All roadway quantities shall be independently checked, and any issues raised by
independent quantity checker(s) will be resolved prior to the submittal.
Deliverables:
95% Roadway Plans
4‐2 Bridge and Wall Plans
4‐2.1 Bridge Plans (Checked Details)
CONSULTANT will independently review the unchecked plans, draft special provisions,
quantities, and construction cost estimate for the Bridges and retaining walls. CONSULTANT’s
independent review team will analyze the structures, verify member capacities, review the
special provisions, and prepare independent quantity calculations. Any issues raised by the
checkers will be resolved with the structural designers. The final design will reflect agreement
among the designers and independent checkers.
Deliverables:
Checked structure plans
Edited structures special provisions
Design calculations
Design Independent check calculations
Quantities and check calculations
Structures aesthetic details
4‐2.2 Retaining Wall Plans
CONSULTANT will finalize the retaining wall plans based on comments received from
Caltrans.
Deliverables:
Final Updated Retaining Wall Plans and aesthetic details
4‐3 Finalize Reports
4‐3.1 Finalize Drainage Report and SWDR
CONSULTANT will finalize the Drainage Report based on comments received from Caltrans.
CONSULTANT will finalize the SWDR based on comments received from Caltrans.
Deliverables:
Final Drainage Report
Final SWDR
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4‐3.2 Finalize TMP
CONSULTANT will finalize the TMP based on comments received from Caltrans.
Deliverables:
Final TMP
4‐3.3 Finalize Geotechnical and Hazardous Material Reports
CONSULTANT will finalize the geotechnical and ADL/Traffic Stripe/ACM reports based on
comments received from Caltrans.
Hazardous Materials Disclosure Document (HMDD) forms will be completed for acquisition
properties in accordance with Caltrans requirements (Form Env‐0001‐A). It is assumed that
no more than 25 HMDD forms must be completed for the project. Request for Acquisition of
Contaminated Property (RACP) forms (Form Env‐002) and remediation cost estimates are not
anticipated.
CONSULTANT will address any review comments resulting from the Caltrans review and
prepare Final Foundation Reports, Final Geotechnical Design Report, and Final Materials
Report.
Deliverables:
Final Geotechnical
Final Materials Report
Final Foundation Report
Final ADL Report
Final ACM
4‐4 Draft Final Utility Agreements
CONSULTANT will act as the primary point of contact with the utility owners identified on the
utility plans. CONSULTANT will prepare and send the Relocation Claim Letter to utility owner
and coordinate and plan a meeting amongst the utility owners, as needed to discuss the
project design, the utility conflict, relocation alternatives, and a plan to resolve the conflict.
CONSULTANT will determine the liability for the conflict facilities impacting the project and
obtain detailed relocation plans from utility owners.
CONSULTANT will draft and issue Notice to Owner to relocate (estimate 6 notices) and draft
and issue No Conflict to utility owner letters; as needed.
Deliverables:
Utility relocation notifications
Assumptions:
Project will pay for as‐built plans or special processing fees if required by the utility owner.
Prepare the Introductory as‐built request Notices (7 letters)
Attended PDT utility focus meetings (24 meetings)
Prepare and send Relocation Claim Letter to utility Owners (6 letters)
Determine liability for conflicts facilities impacting the project (12 conflicts)
Draft and issue Notice to Owner to Relocate (6 letters for 12 conflicts)
Draft and issue No Conflict Letters (3 letters)
Design for new and relocated utilities will be performed by the respective utility owners.
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Inspection of utility relocation construction, including as necessary as‐built survey will be done
by others.
All utility services meters are acquisition costs and not public utilities, and utility companies
will replace the new service to their requirements.
All costs and negation efforts associated with the need for utility replacement easements or
any additional property rights for the utility owner are not included with in the utility
coordination.
Does not include any fees associated with the actual relocation of the utility facilities and/or
construction management/inspection.
4‐5 Update Environmental Revalidation and Permitting
CONSULTANT will address any review comments resulting from the Caltrans review and
prepare Final environmental documentation for the Project.
Deliverables:
Final Environmental Re‐Validation
4‐5.1 Environmental Commitment Record (ECR)
CONSULTANT shall prepare the Environmental Commitment Record (ECR) for attachment to
the Environmental Re‐Validation (ER). Using the ECR from the adopted CEQA/NEPA
document we will update the commitments to reflect any changes noted in the ER. It is
assumed that the ECR in ER will status any commitments that have been addressed. .
It is expected that once any ECR measure is completed, a close out memorandum will be
prepared and submitted to RCTC and then to Caltrans for concurrence that the measure has
been completed.
Deliverables:
Environmental Commitment for inclusion in Environmental Re‐Validation
4‐6 Final Right of Way Engineering
CONSULTANT will provide comprehensive right of way services, including, appraisal,
appraisal review, acquisition and negotiations, escrow coordination, condemnation support
and right‐of‐way certification. CONSULTANT will meet with relevant parties regarding
proposed Project to identify acquisition issues, and/or to discuss project status, procedural
issues, budget, and schedules.
CONSULTANT will prepare and implement an effective Acquisition Management Plan to
confirm the Project is delivered in the most efficient and effective manner and in compliance
with all applicable laws, regulations and procedures. CONSULTANT will prepare and deliver
written progress status reports for acquisition cases. CONSULTANT will participate in project
related meetings, make public presentations to individuals and organizations and represent
RCTC in presentations and public hearing on all matters pertaining to the acquisition process.
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Fee Appraisal
The appraisal will be prepared by individuals licensed with the State of California, Office of
Real Estate Appraisers, as a Certified General Real Estate Appraiser. Our appraisers both
retain the requisite qualifications and experience necessary to competently complete
appraisals in a competent and professional manner, in accordance with applicable laws and
policies.
Prepare the Notice of Decision to Appraiser letter for each property, advising the property
owner of the proposed project, introducing the appraiser, enclosing an Acquisition Brochure
describing RCTC’s acquisition process, and contract information to answer questions and
concerns.
The appraisal report will comply with laws that are applicable to the specific appraisal
assignment and the Uniform Standards of Professional Appraisal Practice (USPAP). Afford the
property owner or the owner’s designated representative the opportunity to accompany the
appraiser on the inspection of the property. Perform an inspection of the subject property.
The inspection should be appropriate for the appraisal problem, and should address:
The extent of the inspection and description of the neighborhood and proposed
project area,
The extent of the subject property inspection, including interior and exterior areas,
The level of detail of the description of the physical characteristics of the property
being appraised (and, in the case of a partial acquisition, the remaining property).
In the appraisal report, identify the highest and best use. If highest and best use is in question
or different from the existing use, provide an appropriate analysis identifying the market‐
based highest and best use. Present and analyze relevant market information. In developing
and reporting the appraisal, disregard any decrease or increase in the fair market value of
the real property caused by the project for which the property is to be acquired, or by the
likelihood that the property would be acquired for the project. Report the appraiser’s
analysis, opinions, and conclusions in the appraisal report.
Appraisal Review
Review appraisals will be provided for each appraisal, and in accordance with State and
Federal law and RCTC policy as required. The review appraiser will, as appropriate:
Identify the reviewer’s client and intended users, the intended use of the reviewer’s
opinions and conclusions, and the purpose of the assignment.
Identify the following:
o Subject of the appraisal review assignment.
o Effective date of the review.
o Property and ownership interest appraised (if any) in the work under review.
o Date of the work under review and the effective date of the opinion or conclusion
in the work under review.
o Appraiser(s) who completed the work under review, unless the identity was
withheld.
Identify the scope of work to be performed.
Develop an opinion as to the completeness of the material under review, given the scope
of work applicable in the assignment.
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Develop an opinion as to the apparent adequacy and relevance of the data and the
propriety of any adjustments to the data, given the scope of work applicable in the
assignment.
Develop an opinion as to the appropriateness of the appraisal methods and techniques
used, given the scope of work applicable in the assignment, and develop the reasons for
any disagreement.
Develop an opinion as to whether the analyses, opinions, and conclusions are appropriate
and reasonable, given the scope of work applicable in the assignment, and develop the
reasons for any disagreement.
Review appraisals will be forwarded to RCTC for establishment of just compensation prior
to the preparation of offers to acquire the proposed land rights for the project.
Acquisition and Negotiation
CONSULTANT will provide right‐of‐way delivery services required for RCTC to purchase right‐of‐
way required to construct the Project. The tasks will be performed in accordance with applicable
Federal, State and local regulations, Caltrans Policies and Procedures and RCTC’s R/W Policies
and Procedures.
CONSULTANT will provide the following services under the direction of RCTC staff:
Provide the Acquisition and Negotiations Services to acquire the property interests
required for the Project in a timely, efficient manner and at a reasonable cost. Work shall
be performed in accordance with Caltrans and RCTC’s Policies and Procedures and
applicable Federal, State and local regulations.
Coordinate and manage the acquisition process with RCTC, legal counsel, design team,
property owners, and tenants along with the title company, appraisers and other
consultants to insure effective cross‐discipline communications.
Review right‐of‐way plans, appraisal reports, title reports, appraisal maps and legal
descriptions and all other pertinent documents.
Prepare acquisition offer packages consisting of RCTC’s written purchase offer, appraisal
summary statement, acquisition brochure, acquisition agreement, conveying
instruments (Grant Deed, Permanent and/or Temporary Easements, etc.), Certificate of
Acceptance, recommendation of Amount of Just Compensation, plat maps and legal
descriptions, and Title VI Information.
CONSULTANTS acquisition agent will meet personally with each property owner to
present RCTC’s purchase offer, explain the project design requirement and inform him or
her of RCTC’s right‐of‐way acquisition process.
Negotiate personally in good faith with each property owner, his/her agent or
representative and discuss appraisal and valuation of the property interests, gather
information from the property for consideration and address any questions or concerns
that may arise during the acquisition process.
Establish and maintain an acquisition file for each property owner or property interest
acquired and maintain a file checklist pursuant to RCTC’s specifications.
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As may be required to secure Right of Entry Agreements; licenses or permits from
property owners for purposes of performing hazardous waste, archeological and other
inspections.
Promptly transmit executed documents (acquisition agreements, executed deeds, rental
agreements, statements of information, offset statements, and the like) to RCTC for
acceptance and processing. A report summarizing the pertinent information relative to
the transaction will be included.
Prepare and submit a Letter of Recommendation to RCTC for any proposed
administrative settlements with property owners. The letter will include a chronology of
the negotiation efforts, provide supporting evidence and documentation and an
explanation of the benefits and rationale behind the recommendation.
Escrow Coordination ‐ Coordinate opening of escrows with direction from the project
manager, assist the escrow company in obtaining additional documentation as necessary
to provide clear title to RCTC, supervise and review the closing of escrows, and review
closing statements for completeness and accuracy. We will serve as liaison between the
title company, escrow holder, and RCTC. Upon closing of escrow, tax cancelation letters
will be prepared for RCTC signature, as necessary, for fee interest acquisitions.
Recommend condemnation action when negotiations have reached an impasse. The
required justification will be submitted in writing to RCTC. Our primary goal will be to
reach an acceptance of the offer with each property owner. We will work with RCTC in
recommending solutions to achieve acceptance of the offer.
Eminent Domain Support – If requested, coordinate with RCTC’s condemnation counsel,
as required, to support the condemnation activities until the Resolution of Necessity is
adopted and possession is granted by the courts. Litigation support after the hearing for
the Resolution of Necessity, such as depositions, mediation appearances and expert
testimony, can be provided on a time‐and‐materials basis.
Perform any other normal procedures and processes to implement the acquisition
assignment and provide any other supporting information and/or correspondence
required by RCTC.
Provide bilingual acquisition agents, if necessary.
Prepare applicable forms, secure property owner’s approval and signature and submit
the forms to RCTC for review and acceptance.
Upon completion of the acquisition process for each property or property interest, or at project
completion, CONSULTANT will provide RCTC with the original acquisition file as well as electronic
copy of files for future audit purposes.
Assumptions:
The project will require the acquisition of up to 25 partial take parcels. No residential
or business relocations are anticipated.
The project involves the acquisition and good faith negotiations for up to 25 affected
properties.
25 individual USPAP compliant appraisal reports will be prepared for each acquisition.
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Formal appraisal review reports will be conducted for each of the 25 fee appraisals
based upon federal and Caltrans requirements
It is anticipated that the advertising billboard will be impacted by the proposed
southbound off‐ramp and require relocation. Further, the cell tower adjacent to the
proposed southbound off‐ramp can be avoided.
A right‐of‐way cost estimate will be prepared at 30% and 95% design. Caltrans R/W
Data Sheets will not be required.
Property management and debris removal services are not anticipated in the scope of
work.
CONSULTANT will participate in bi‐weekly project update meetings with RCTC for up
to two years.
4‐7 Updates Special Provisions and Cost Estimate
4‐7.1 Special Provisions
CONSULTANT will prepare edited Special Provisions and nSSP’s for Caltrans District and
Headquarters’ review.
4‐7.2 Cost Estimate
CONSULTANT will update the construction cost estimate based on comments received from
Caltrans.
Deliverables:
95% Cost Estimate and Specifications
4‐8 Final Constructability Review and Schedule
4‐8.1 Constructability Review
CONSULTANT will review the 95% PS&E package for contractor constructability of the SSP’s
and nSSP’s and incorporate the requirements as needed.
4‐8.2 Construction Schedule
CONSULTANT will prepare a CPM construction schedule in consultation with Commission and
Caltrans based on the estimated required working days for project construction.
Deliverables:
CPM Schedule Printout and electronic copy
4‐9 Final Agency Agreements
CONSULTANT will finalize agreements in coordination with RCTC and Caltrans for project
acceptance.
4‐10 QA/QC
CONSULTANT will conduct Quality check of the submittal in accordance with Task 1‐1.4 QA/QC Plan.
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TASK 5 – 100% PS&E
5‐1 Finalize Plans, Specifications, and Estimate
5‐1.1 Final Roadway, Bridge, Specs, Cost Estimates, Construction Schedule, and ECR
CONSULTANT will submit the Final PS&E package to Commission and Caltrans District 8 for
final approval. The submittal will only incorporate the applicable previous comments, and no
further agency review is anticipated. Electronic copies will be included with the 100%
submittal.
Deliverables:
Final Project PS&E (Combined Roadway and Structures)
Working day schedules – 2 copies
Final ECR
In addition, CONSULTANT will provide electronic version of all plans, special provisions,
estimates and schedules (DGN and PDF formats). The final BEES will be provided as a
Microsoft Excel file.
5‐2 Finalize Reports
CONSULTANT will address any review comments resulting from the Caltrans review and
prepare Final Reports for the Project.
5‐3 Resident Engineer File & Materials Handout
5‐3.1 Resident Engineer File
CONSULTANT will meet with the Resident Engineer (RE) and functional units and provide the
following information for the RE file. This list is not comprehensive, and CONSULTANT shall
provide additional information as appropriate:
Permits
Surveying Notes
Geotechnical (GDR) and Foundation (FDR) Reports
Hydrology/Hydraulics Report and calculations
Relevant correspondence and memoranda
Engineering calculations (horizontal and vertical alignments, earthwork quantities, etc.)
Environmental Agreements and Reports
Summary and discussion of Environmental issues
Transportation Management Plan and supplements
Storm Water Data Report
Right‐of‐Way Maps & Agreements
Utility Relocation Plans and Agreements
Working Cross Sections
Bridge four‐scale plans
Deliverables:
Electronic version of RE file information.
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5‐3.2 Materials Handout
CONSULTANT will prepare materials handout information per Caltrans HDM, Section 111.3
Materials Information Furnished to Prospective Bidders
Deliverables:
Material Handouts
5‐4 Environmental Certification
Although it is assumed that Caltrans will prepare the Environmental Certification as part of
their internal process, CONSULTANT will support Caltrans by providing any needed
documentation prepared by the CONSULTANT related to the Environmental Re‐validation
and permitting described elsewhere in this scope of work. Copies of documents and/or
approval dates to be provided to Caltrans, as requested, for completion of the Environmental
Certification
5‐5 Utility Certification
CONSULTANT will prepare utility certification package and submit to Caltrans a utility
certification form and other required documents in accordance with the Caltrans Right of
Way Manuals.
Deliverables:
Utility Certification
5‐6 Right of Way Certification
CONSULTANT will prepare and submit to Caltrans, and FHWA, if necessary, a right‐of‐way
certification form and other required documents in accordance with the Caltrans Right of Way
Manual and FHWA requirements.
Deliverables:
Right of Way Certification form
5‐7 Paleontological Mitigation Plan
CONSULTANT will prepare a Paleontological Mitigation Plan (PMP) that conforms to the
requirements outlined in the Caltrans SER Volume 1 Chapter 8 (Paleontology), addresses the
mitigation measures and recommendations outlined in the adopted CEQA/NEPA document,
and identifies all paleontological tasks and procedures that will be required in order to reduce
potential impacts to paleontological resources should they be discovered. The PMP will
include project background information and recovery goals; description of when and where
paleontological monitoring will be required (with accompanying GIS maps); pre‐construction
measures such as a pre‐construction meeting and workers environmental awareness
program training (WEAP); monitoring methods and safety requirements; unanticipated
discovery procedures to be implemented in the event that fossils are discovered when a
monitor is not present; procedures for sampling, fossil and data recovery, and laboratory
work (including preparation, identification, and analysis) that will conform to conditions set
forth by the designated fossil repository; fossil curation agreement with a certified
repository; and weekly, monthly, and final monitoring report requirements. Implementation
of any items or measures included in the PMP are not included in this scope of work.
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Deliverables:
Draft and Final Paleontological Mitigation Plan
5‐8 QA/QC
CONSULTANT will conduct Quality check of the submittal in accordance with Task 1‐1.4
QA/QC Plan.
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TASK 6 – CONSTRUCTION BIDDING PHASE
Bidding procedures will be the responsibility of Commission during bid advertisement of the
project, CONSULTANT shall prepare a draft response, and forward to Commission for
approval. CONSULTANT will refer all questions concerning the intent to Commission for
resolution. In the event that items requiring interpretation of the drawings or specifications
are discovered during the bidding period, CONSULTANT will inform Commission. Commission
will advise CONSULTANT regarding the proper procedure required for analysis of said items.
Any necessary corrective action will either be in the form of an addendum prepared by
CONSULTANT and issued by Commission, or via a covering change order after the award of
the construction contract.
6‐1 Pre‐Bid Meeting
CONSULTANT will attend the pre‐bid meeting.
6‐2 Respond to Inquiries
CONSULTANT will draft responses to bidders' inquiries as requested and routed through
Commission.
6‐3 Addenda
CONSULTANT will prepare addenda as requested by Commission.
TASK 7 – CONSTRUCTION SUPPORT PHASE
Construction of the project will be the responsibility of Commission. During the
construction phase, CONSULTANT shall work closely with Resident Engineer (RE) within the
budget allotted to assist and advise the RE to minimize construction conflicts and to
expedite project completion.
This task covers project management services including the requirements for site visits,
Document Control, Invoices, Subconsultant coordination, and administration of
CONSULTANT’s work.
Assumptions:
It is anticipated that the construction duration is 24 months.
7‐1 Pre‐Construction Meeting and Partnering Workshop
CONSULTANT will attend the pre‐construction meeting. CONSULTANT will attend a
partnering workshop as requested by Commission.
7‐2 Shop Drawing, Submittal Review and Respond to Inquires
CONSULTANT will review submittals and shop drawings. The review of shop drawings shall
include bridge working drawing submittals, construction contractor's submittals for
substitutions, construction contractor's alternative construction approval, steel layout for
structures, independent check of construction contractor's falsework submittal and others
as requested by the Resident Engineer. In the case contractor or Commission requested
revisions, CONSULTANT shall furnish additional and/or revised drawings necessary for
corrections.
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Assumptions:
It is anticipated that 10 reviews will be required.
7‐2.1 Site Visits/Construction Meetings
CONSULTANT will visit the job site and attend meetings requested by Commission.
Assumptions:
It is anticipated that 10 meetings will be required.
7‐2.2 Additional Drawings at Commission Request
If requested by Commission, CONSULTANT will prepare additional drawings and change
order‐supporting documents. Any such additional drawings constitute extra work; therefore,
prior approval from Commission is required. Any such additional engineering services,
drawings, or change order documentation prepared prior to receiving the required approval
will be at CONSULTANT’s risk and expense.
Assumptions:
It is anticipated that 1 additional new sheet will be required.
7‐2‐4 Respond to Inquiries/RFIs
CONSULTANT will draft responses to contractor inquiries and RFIs as requested by the
Resident Engineer.
Assumptions:
It is anticipated that 8 RFI’s will be required.
7‐3 Change Order Reviews and Processing
CONSULTANT will review proposed change orders, draft change order language and make
recommendations as requested by Resident Engineer. If said changes are necessary as a
direct result of design errors and omissions, CONSULTANT shall prepare and/or review
contract change orders at no additional cost.
Commission Responsibilities:
Inform Design Consultants of field changes and Contract Change Orders (CCOs)
Prepare and maintain as‐built mark‐ups in the field.
Assumptions:
It is anticipated that 4 CCO will be required.
7‐4 Prepare/Review SWPPP
7‐5 Right of Way Construction Support
CONSULTANT will provide RCTC support during construction for Right of Way Services.
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Assumptions:
During the project closeout phase, the project will require the disposition of up to 5 excess
parcels.
7‐6 QA/QC
CONSULTANT will conduct Quality check of the submittal in accordance with Task 1‐1.4
QA/QC Plan.
TASK 8 – PROJECT CLOSEOUT
8‐1 Develop Final Record As‐Built Drawings
The Commission will be responsible for maintaining field as‐built plans, noting any variation
between the plans and the actual construction. These marked up plans will be provided to
the CONSULTANT and form the basis for the development of the Final record drawing PS&E.
8‐1.1 As‐Builts
CONSULTANT will be responsible for preparing as‐builts plans, signed and stamped by
CONSULTANT and submitted to Commission.
8‐1.2 Deliver Project Files
CONSULTANT will provide pertinent project records to Commission. Documents shall be
organized in accordance with the Caltrans Uniform Filing System.
8‐2 Monument Perpetuation Survey and Record of Survey
Post‐Conditions Record of Survey:
Upon the substantial completion of construction, monuments will be set by CONSULTANT to
perpetuate those monuments identified on the pre‐condition record of survey and destroyed
during construction and new monuments to identify the new right of way established during
the project. This post conditions record of survey will be prepared to document the new right
of way acquired for the project, monuments set and reset, and the prior information included
on the pre‐existing record of survey. The record of survey will be prepared in accordance with
the Professional Land Surveyors Act and County of Riverside requirements.
Legal Descriptions and Plats:
CONSULTANT will prepare legal descriptions and plats to support the transfer of property
between RCTC and Caltrans. The Legal descriptions will be prepared in accordance with
Caltrans District 8 right of way standards.
Upon substantial completion of construction, any monuments identified on the Before
Conditions Record of Survey that were destroyed by construction will be reset. In addition,
the new Caltrans right of way will be monumented. An After Conditions Record of Survey will
be prepared to document the changes in right of way and the newly set or reestablished
monuments. This Record of Survey will meet the requirements of PLS Act 8771. It will be filed
with the Riverside County Surveyor’s Office.
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Deliverables:
Record of Survey in PDF format
Legal Descriptions\Plats in PDF format
Assumptions:
Ten (25) legal descriptions and plats are included for various acquisition purposes.
8‐3 Transfer Deeds
CONSULTANT will transfer final deeds as required by final right of way determination.
8‐4 QA/QC
CONSULTANT will conduct Quality check of the submittal in accordance with Task 1‐1.4
QA/QC Plan.
SCOPE OF WORK NOT INCLUDED
Task 3‐8 Geotechnical Reports (Pavement Deflection Study)
It is assumed that any widened pavement on the local roads connecting into the new pavement along
Franklin Street will utilize the existing pavement section or better. It is not anticipated that a
Pavement Deflection Study is required to upgrade and reconstruct the roadway.
Task 3‐13 New Connection Report
It is assumed that a New Connection Report is not required. The geometry for the location of the
gore points along the mainline I‐15 for the new interchange ramps have not modified since the New
Connection Report was approved as part of the original PA&ED document and is not anticipated to
need revision.
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17336.00001\41663366.1
B-1
EXHIBIT “B”
COMPENSATION PROVISIONS
[attached behind this page]
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FIRM PROJECT TASKS/ROLE COST
HDR Engineering PS&E Services 5,755,070.00$
David Evans and Associates Landscaping and Irrigation 443,435.00
Earth Mechanics Geotechnical 285,715.00
Fehr & Peers Traffic Analysis and Electrical Design 514,144.00
Group Delta Consultants Hazardous Materials 86,622.00
Guida Surveying Survey and Right of Way Engineering 496,515.00
ICF Jones & Stokes Environmental 445,201.00
Monument ROW Real Estate/Right of Way 261,433.00
8,288,135.00
471,270.00
8,759,405.00$
TASK NUMBER TASK DESCRIPTION COST
Task 1 Project Management 584,812.00$
Task 2 30% PS&E 1,272,311.00
Task 3 Draft PS&E (60%) Submittal 3,208,340.00
Task 4 Initial PS&E (95%) Submittal 1,776,308.00
Task 5 Final PS&E (100%) Submittal 1,093,741.00
Task 6 Construction Bidding Phase 38,231.00
Task 7 Construction Support Phase 119,984.00
Task 8 Project Closeout 194,498.00
8,288,225.00
471,270.00
8,759,495.00$
OTHER DIRECT COSTS
EXHIBIT "B"
COMPENSATION SUMMARY1
Prime Consultant:
Sub Consultants:
SUBTOTAL
TOTAL COSTS
SUBTOTAL
OTHER DIRECT COSTS
TOTAL 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.
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I-15 FRANKLIN STREET INTERCHANGE PROJECT
PLANS, SPECIFICATIONS & ESTIMATES
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE
JANUARY 22, 2024
1
DAVID LEWIS
CAPITAL PROJECTS MANAGER
I-15 Franklin Street Interchange Project
Background Information
2
•Phase II, originally a part of I-15
Railroad Canyon Interchange Project
(Phase I) - Completed Fall 2022
•Earmarked $12,500,000 in
Transportation Uniform Mitigation Fee
(TUMF) and Local City funds towards:
1)I-15 Franklin St Interchange PS&E Services
•Project Benefits:
Relieve existing traffic congestion
Improve overall operation of interchange
and surrounding streets
Accommodate projected future traffic flow
and movement
I-15 Franklin Street Interchange Project
3
Scope of Work
Concept Drawing – Not for Construction
•New Franklin Street interchange,
•New four-lane overcrossing,
•Auxiliary lanes to Railroad Canyon
Road and Main Street,
•Realignment and improvement of
Auto Center Drive,
•Existing Franklin Street overcrossing
south of new interchange will be
protected in place,
•ADA compliant pedestrian and
bicycle facilities on Franklin St.
New Franklin St.
Interchange
Existing Franklin
St. Overcrossing
I-15 Franklin Street Interchange Project
4
Procurement Process
•I-15/Franklin St IC PS&E RFQ No. 24-72-028-00 for PS&E issued on September 21, 2023;
•Pre-submittal meeting held on October 5, 2023, and attended by 18 firms;
•Statement of Qualifications Provided by: HDR, T.Y. Lin International, and TranSystems
Corporation;
•Evaluation Committee: RCTC, Bechtel,City of Lake Elsinore, and Caltrans;
•Interviews were held for shortlisted firms on November 29, 2023; and
•HDR earned the highest score on written & interview evaluation
I-15 Franklin Street Interchange Project
5
Final Design Contract
•HDR to provide PS&E services as Prime consultant
•HDR Contract: $8,759,405 plus contingency of $875,941 (10%)
for a total amount not to exceed $9,635,346.
•Estimated Schedule: 28 months / March 2024 – June 2026
I-15 Franklin Street Interchange ProjectFiscal Impact
6
Item Dollar Amount Fund Source
1 PS&E $9,635,346 Local City
Total $9,635,346
I-15 Franklin Street Interchange Project
Recommendation
7
1)Award Agreement No. 24-72-028-00 to HDR Engineering Inc. for PS&E for the I-
15 Franklin Street Interchange Project for a 3-year term in the amount of
$8,759,405, plus a contingency amount of $875,941, for a total amount not to
exceed $9,635,346;
2)Authorize the Chair or Executive Director, pursuant to legal counsel review, to
finalize and execute the agreement, on behalf of the Commission; and
3)Authorize the Executive Director, or designee, to approve contingency work up to
the total not to exceed amount as required for these services.
QUESTIONS
8
AGENDA ITEM 10
Agenda Item 10
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: January 22, 2024
TO: Western Riverside County Programs and Projects Committee
FROM: Sri Srirajan, Senior Capital Projects Manager
THROUGH: David Thomas, Toll Project Delivery Director
SUBJECT: Interstate 15/State Route 91 Express Lanes Connector Project Design-Build
Contract Final Acceptance
STAFF RECOMMENDATION:
This item is for the Committee to recommend the Commission take the following action(s):
1) Authorize Final Acceptance for the Interstate 15/State Route 91 Express Lanes Connector
Project (15/91 ELC or Project) Design-Build Contract, Agreement No. 19-31-074-00, with
Myers-Rados, a Joint Venture, subject to the Executive Director’s verification that all
contract requirements for Final Acceptance have been met.
BACKGROUND INFORMATION:
The 15/91 ELC was originally part of the SR-91 Corridor Improvement Project (CIP), which opened
in March 2017 in the city of Corona. The 15/91 ELC provides tolled express lane connectors
between the existing 91 Express Lanes and I-15 Express Lanes to the north of SR-91 (Figure 1
Vicinity Map).
158
Agenda Item 10
The 15/91 ELC Project adds the following:
1. A single-lane tolled express lane connector from the eastbound 91 Express Lanes to the
northbound 15 Express lanes;
2. A single-lane tolled express lane connector from the southbound 15 Express Lanes to
the westbound 91 Express Lanes; and
3. A second toll express lane addition on eastbound SR-91 approximately half a mile from
the exit to the express lanes connectors (just east of the main street undercrossing) to
the beginning of the SR-91 HOV lane just east of the promenade avenue.
On March 11, 2020, the Commission awarded Agreement No. 19-31-074-00 to Myers-Rados, a
Joint Venture, for the design and construction of the 15/91 ELC.
This Design-Build Contract has three distinct completion milestones with the following status:
Substantial Completion – 15/91 Express Lanes Connectors opened to traffic on
November 21, 2023 and substantial completion was formally issued on November 28,
2023.
Project Completion – pending the completion of all field work and other contractual
requirements.
Final Acceptance – requires the Commission’s authorization and verification that the
following has occurred:
1. All requirements for the Project Completion milestone shall have been fully satisfied;
159
Agenda Item 10
2. The Commission shall have received all design documents, original working drawings,
shop drawings, final as-built documents, right of way record maps, surveys, test data and
other deliverables required under the Contract Documents;
3. The Design-Builder shall have submitted and received Commission approval for all
contract-required Design-Build Final Acceptance Submittals;
4. All special tools, equipment, furnishings, and supplies purchased and/or used by the
Design-Builder as provided in the Contract Documents shall have been delivered to the
Commission and all replacement spare parts shall have been purchased and delivered to
the Commission free and clear of liens; and
5. The items on the Final Acceptance punch list shall have been completed to the satisfaction
of the Commission and Caltrans, and all the Design-Builder’s other obligations under the
Contract Documents shall have been satisfied in full or waived in writing by Commission.
Additionally, Caltrans shall accept the work and issue relief of maintenance within its
jurisdictional boundaries of the Project. Caltrans shall also perform a final review and accept the
Project including all permitting and environmental commitments and other requirements. All
the above contract Final Acceptance requirements shall be met prior to the approval of Final
Acceptance. Staff recommends authorization of Final Acceptance of the Design-Build Contract
subject to the Executive Director’s verification that all contract requirements for Final Acceptance
have been met.
The project also requires a three-year plant establishment period that shall commence upon the
Commission’s issuance of a certification of initial acceptance for all replacement plantings and
irrigation installation work.
FISCAL IMPACT:
There is no fiscal impact for authorization of Final Acceptance of the Design-Build Contract.
160
I-15/SR-91 Express Lanes Connector Project (15/91 ELC)
DESIGN-BUILD CONTRACT FINAL ACCEPTANCE
Western Riverside County Programs and Projects
Committee
January 22, 2024
Sri Srirajan, Senior Capital Projects Manager
1
2
Background – Project Overview
I 15/SR 91 Express Lanes Connector Project
•$270M Design-Build
•Design-Build Contractor -
Myers-Rados, a Joint Venture
•New Express Lane Connections
•EB-91 TO NB-15
•SB-15 TO WB-91
•Extends EB 91 #4 GP Lane
•Extends EB 91 Express Lane
•Adds 2nd EB Express Lane
(Added Scope)
NEW
CONNECTOR
3
Substantial Completion – Open to Traffic on November 21, 2023
Project Completion – Completion of all field work targeting January 25, 2024
Final Acceptance:
Commission Authorization
Project Completion milestone fully satisfied
All Documentation received
Approval of Final Acceptance Submittals
Tools and Spare Parts delivered
Final Acceptance punch list completed
Caltrans Relief of Maintenance and Project Acceptance
Three Distinct Completion Milestones
4
Three-year plant establishment period
Actions after Final Acceptance
Staff Recommendation
5
Authorization of Final Acceptance of the Design-Build Contract with Myers-Rados JV
subject to the Executive Director’s verification that all contract requirements for Final
Acceptance have been met.
I 15/SR 91 Express Lanes Connector Project
Questions
6I 15/SR 91 Express Lanes Connector Project
AGENDA ITEM 11
Agenda Item 11
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: January 22, 2024
TO: Western Riverside County Programs and Projects Committee
FROM: Lisa Mobley, Administrative Services Director/Clerk of the Board
THROUGH: Aaron Hake, Deputy Executive Director
SUBJECT: Election of Officers for the Western Riverside County Programs and Projects
Committee
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Conduct an election of officers for 2024 – Chair and Vice Chair.
BACKGROUND INFORMATION:
The election of officers for the full Commission and its Committees are held on an annual basis.
Commissioners Brian Berkson (Chair) and Wes Speake (Vice Chair) were elected as the Western
Riverside County Programs and Projects Committee’s officers for 2023. Once the election for
2024 is conducted, the new Chair and Vice Chair will immediately assume the positions.
Past Chairs of the Western Riverside County Programs and Projects Committee are as follows:
2023 – Brian Berkson, City of Jurupa Valley
2022 – Ben J. Benoit, City of Wildomar
2021 – Clint Lorimore, City of Eastvale
2020 – Michael Vargas, City of Perris
2019 – Brian Berkson, City of Jurupa Valley
2018 – Adam Rush, City of Eastvale
2017 – Deborah Franklin, City of Banning
2016 – Ben J. Benoit, City of Wildomar
2015 – Ben J. Benoit, City of Wildomar
2014 – Frank Johnston, City of Jurupa Valley
2013 – Andrew Kotyuk, City of San Jacinto
2012 – Adam Rush, City of Eastvale
2011 – Darcy Kuenzi, City of Menifee
2010 – Karen Spiegel, City of Corona
161
TO: Riverside County Transportation Commission
FROM: Lisa Mobley, Clerk of the Board
DATE: January 17, 2024
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. 8 - Amendment to Agreement with Nossaman LLP for On-Call Strategic
Partnership Advisor Services for the Interstate 15 Express Lanes Project Southern Extension
Consultant(s): Nossaman LLP
Corey Boock, Partner
777 S. Figueroa Street, 34th Floor
Los Angeles, CA 90017
Agenda Item No. 9 – Agreement for Plans, Specifications, & Estimates for the Interstate 15
Franklin Street Interchange Project
Consultant(s): HDR Engineering, Inc.
Wei Koo, Senior Vice President
2280 Market Street, Suite 100
Riverside, CA 92501-2110
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS
COMMITTEE
ROLL CALL
JANUARY 22, 2024
Present Absent
County of Riverside, District I X
County of Riverside, District II X
City of Banning X
City of Corona X
City of Eastvale X
City of Hemet X
City of Jurupa Valley X
City of Menifee X
City of Norco X
City of Perris X
City of Riverside X
City of Wildomar X
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE
COMMISSIONER SIGN -IN SHEET
JANUARY 22, 2024
NAME
AGENCY
MAIL
EMAIL ADDRESS
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