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09 September 28, 2009 Plans and Programs88007 RECORDS RIVERSIDE COUNTY TRANSPORTATION COMMISSION PLANS AND PROGRAMS COMMITTEE MEETING AGENDA TIME: 1:30 p.m. DATE: Monday, September 28, 2009 LOCATION: BOARD ROOM County of Riverside Administrative Center 4080 Lemon Street, First Floor, Riverside 4P- COMMITTEE MEMBERS ago Bob Botts, Chair / Don Robinson, City of Banning Karen Spiegel, Vice Chair / Steve Nolan, City of Corona Robin Lowe / Eric McBride, City of Hemet Patrick Mullany / Larry Spicer, City of Indian Wells Glenn Miller / Ben Godfrey, City of Indio Jesse Molina / Bonnie Flickinger, City of Moreno Valley Frank Hall / Malcolm Miller, City of Norco Jim Ferguson / Cindy Finerty, City of Palm Desert Steve Pougnet / Ginny Foat, City of Palm Springs Daryl Busch / Al Landers, City of Perris James Potts / Jim Ayres, City of San Jacinto Scott Farnam / Bridgette Moore, City of Wildomar Bob Buster, County of Riverside, District I To Be Appointed, County of Riverside, District IV Marion Ashley, County of Riverside, District V W. STAFF Anne Mayer, Executive Director Cathy Bechtel, Project Development Director � AREAS OF RESPONSIBILITY State Transportation Improvement Program Regional Transportation Improvement Program New Corridors Intermodal Programs (Transit, Rail, Rideshare) Air Quality and Clean Fuels Regional Agencies, Regional Planning Intelligent Transportation System Planning and Programs Congestion Management Program Comments are welcomed by the Committee. if you wish to provide comments to the Committee, please complete and submit a Speaker Card to the Clerk of the Board. 11.36.15 • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION PLANS AND PROGRAMS COMMITTEE www.rctc.org AGENDA* *Actions may be taken on any item listed on the agenda 1:30 p.m. Monday, September 28, 2009 BOARD ROOM County of Riverside Administrative Center 4080 Lemon Street, First Floor, Riverside 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 and Government Code Section 54954.2, if you need special assistance to participate in a Committee meeting, please contact the Clerk of the Board at (951) 787-7141. Notification of at least 48 hours prior to meeting time will assist staff in assuring that reasonable arrangements can be made to provide accessibility at the meeting. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. PUBLIC COMMENTS - Each individual speaker is limited to speak three (3) continuous minutes or less. The Committee may, either at the direction of the Chair or by majority vote of the Committee, waive this three (3) 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. 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. Plans and Programs Committee Agenda September 28, 2009 Page 2 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. APPROVAL OF MINUTES - AUGUST 24, 2009 6. ADDITIONS/REVISIONS (The Committee may add an item to the Agenda after making a finding that there is a need to take immediate action on the item and that the item came to the attention of the Committee subsequent to the posting of the agenda. An action adding an item to the agenda requires 2/3 vote of the Committee. if there are less than 2/3 of the Committee members present, adding an item to the agenda requires a unanimous vote. Added items will be placed for discussion at the end of the agenda.) 7. STATE ROUTE 91 PROJECT AND CONSTRUCTION MANAGER SERVICES Page 1 Overview This item is for the Committee to: 1) Approve the consultant selection process and award Agreement • No. 09-31-081-00 to Parsons Transportation Group, Inc. to provide project and construction management (PCM) services for phase 1 of the SR-91 widening and extension of the 91 Express Lanes design - build project in the total not to exceed amount of $39.8 million including contingency of $4,260,701; 2) Authorize staff to proceed with a portion of the phase 1 work through a limited notice to proceed (NOP) in the amount of $1,974,656; 3) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; 4) Authorize the Executive Director or designee to approve contingency work up to the total not to exceed amount as required for the project; 5) Approve an expenditure transfer within the existing project budget of $13 million from right of way acquisition to PCM services; 6) Authorize staff to proceed with the balance of phase 1 work following successful completion of the first portion of phase 1 work; 7) Authorize staff to negotiate the scope and fee for phase 2 work and bring back to the Commission at a later date a separate request for authorization of the phase 2 work; and 8) Forward to the Commission for final action. • Plans and Programs Committee Agenda September 28, 2009 Page 3 • 8. 9. AMENDMENT TO AGREEMENT FOR ON -CALL STRATEGIC PARTNERSHIP ADVISOR SERVICES WITH KPMG CORPORATE FINANCE, LLC Overview This item is for the Committee to: Page 115 1) Approve Agreement No. 06-66-026-07, Amendment No. 6 to Agreement 06-66-026-00, for On -Call Strategic Partnership Advisor Services with KPMG Corporate Finance, LLC (KPMG) to continue providing on -call financial advisory services for the proposed State Route 91 and Interstate 15 corridor improvement projects for the amount of $329,736; 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; and 3) Forward to the Commission for final action. PUBLIC TRANSPORTATION MODERNIZATION, IMPROVEMENT, AND SERVICE ENHANCEMENT ACCOUNT FUNDS TO PUBLIC TRANSIT OPERATORS Page 131 Overview This item is for the Committee to: 1) Adopt Resolution No. 09-016, "Resolution of the Riverside County Transportation Commission for the Purpose of Applying and/or Accepting Grants Awarded to the Commission's Rail Program from the Proposition 1B - Public Transportation Modernization, Improvements, and Service Enhancement Account Program "; 2) Allocate FY 2008/09 Public Transportation Modernization, Improvement, and Service Enhancement Account (PTMISEA) funds as follows: • $178,536 to the city of Banning; • $120,000 to the city of Beaumont; • $312,552 to the city of Corona; • $1,500,000 to the city of Riverside; • $2,828,307 to the Commission's Commuter Rail Program; • $140,067 to the Palo Verde Valley Transit Agency (PVVTA); • $2,700,735 to Riverside Transit Agency (RTA); • $2,273,111 to SunLine Transit Agency (SunLine); 3) Approve a budget adjustment to increase revenues and other financing sources for a net total of $685,000 and transfers out by $ 7 29, 000; Plans and Programs Committee Agenda September 28, 2009 Page 4 4) Amend the Commission's Rail Program FY 2009/10 Short Range Transit Plan (SRTP) to reflect the Proposition 1 B funds of $870,637 for the La Sierra Multimodal Station Project; and 5) Forward to the Commission for final action. 10. FEDERAL FISCAL YEAR 2009 FEDERAL TRANSIT ADMINISTRATION'S SECTION 5310 CAPITAL GRANT APPLICATIONS Overview This item is for the Committee to: Page 139 1) Adopt the Federal Fiscal Year 2009 Federal Transit Administration's (FTA) Section 5310 Riverside County project rankings as recommended by the Local Review Committee; 2) Include the projects in the Regional Transportation Improvement Plan (RTIP); 3) Certify by Resolution No. 09-018, "Resolution of the Riverside County Transportation Commission Certifying Project Consistency With Regional Transportation Plan", that the projects are derived from a locally developed, coordinated public transit -human services transportation plan; and 4) Forward to the Commission for final action. 11. COMMUTER RAIL PROGRAM UPDATE Overview This item is for the Committee to: Page 145 1) Receive and file an update on the Commuter Rail Program; and 2) Forward to the Commission for final action. 12. COMMISSIONERS / STAFF REPORT Overview This item provides the opportunity for the Commissioners and staff to report on attended and upcoming meetings/conferences and issues related to Commission activities. • • • Plans and Programs Committee Agenda September 28, 2009 Page 5 • 13. ADJOURNMENT The next Plans and Programs Committee meeting is scheduled to be held at 1:30 p.m., Monday, October 26, 2009, Board Chambers, First Floor; County Administrative Center, 4080 Lemon Street, Riverside. • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION PLANS AND PROGRAMS COMMITTEE ROLL CALL September 28, 2009 Present Absent County of Riverside, District I 0 0 County of Riverside, District IV O To be appointed County of Riverside, District V 0 City of Banning � 0 City of Corona 0 0 City of Hemet �. 0 City of Indian Wells � O City of Indio k., O City of Moreno Valley 0 City of Norco )71` 0 City of Palm Desert 0 City of Palm Springs 0 ,� City of Perris Rr./ 0 City of San Jacinto O k7' City of Wifdomar 0 RIVERSIDE COUNTY TRANSPORTATION COMMISSION PLANS AND PROGRAMS SIGN -IN SHEET SEPTEMBER 28, 2009 AGENDA ITEM 5 MINUTES • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION PLANS AND PROGRAMS COMMITTEE Monday, August 24, 2009 MINUTES 1. CALL TO ORDER The meeting of the Plans and Programs Committee was called to order by Chair Bob Botts at 1:31 p.m., in the Board Room at the County of Riverside Administrative Center, 4080 Lemon Street, First Floor, Riverside, California, 92501. 2. PLEDGE OF ALLEGIANCE At this time, Chair Botts led the Plans and Programs Committee in a flag salute. 3. ROLL CALL Members/Alternates Present Bob Botts Daryl Busch Scott Farnam Frank Hall Robin Lowe Glenn Miller Jesse Molina Patrick Mullany James Potts Karen Spiegel 4. PUBLIC COMMENTS Members Absent Marion Ashley Bob Buster Jim Ferguson Steve Pougnet County of Riverside, District 4* * to be appointed There were no requests to speak from the public. RCTC Plans and Programs Committee Minutes August 24, 2009 Page 2 5. APPROVAL OF MINUTES — June 22, 2009 M/S/C (Busch/Miller) to approve the minutes of June 22, 2009, as submitted. Abstain: Botts 6. ADDITIONS / REVISIONS There were no additions or revisions to the agenda. 7. MEMORANDUMS OF UNDERSTANDING WITH THE SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY FOR THE CONTINUING DEVELOPMENT AND SUPPORT OF ACTIVITIES DURING THE ADVANCED PRELIMINARY ENGINEERING, FINAL DESIGN, PROCUREMENT OF CONSTRUCTION MATERIALS AND CONTRACTOR, AND CONSTRUCTION OF THE PERRIS VALLEY LINE Edda Rosso, Capital Projects Manager, presented an overview of the memorandums of understanding with the Southern California Regional Rail Authority for the continuing development and support of activities during the advanced preliminary engineering, final design, procurement of construction materials and contractor, and construction of the Perris Valley Line. M/S/C (Lowe/Busch) to: 1) Approve Memorandum of Understanding (MOU) No. 10-33-014-01, Amendment No. 1 to MOU No. M-23-011, with the Southern California Regional Rail Authority (SCRRA) for the development of the San Jacinto Branch Line (Perris Valley Line) in the amount of $130,000, plus a general contingency amount of $70,000 for a total not to exceed amount of $200,000; 2) Approve MOU No. 10-33-012-00 with the SCRRA for the continuing development and support of activities essential to initial operations of the Perris Valley Line (PVL) during the advanced preliminary engineering (APE), final design, procurement of construction materials, and construction with cost reimbursement in the amount of $9,425,105, plus a general contingency amount of $944,895 for a total not to exceed amount of $10.37 million; • • • • • RCTC Plans and Programs Committee Minutes August 24, 2009 Page 3 3) Approve MOU No. 10-33-013-00 with the SCRRA for the continuing development and support of activities not essential to initial operations of the PVL during the APE, final design; procurement of construction materials and contractor, and construction with cost reimbursement in the amount of $3,342,591, plus a general contingency amount of $337,409 for a total not to exceed amount of $3.68 million; 4) Amend the Commission's Rail Program FY 2009/10 Short Range Transit Plan (SRTP) to reflect an additional $14.05 million in Measure A funds for the Perris Valley Line project; 5) Authorize the Chair, pursuant to legal counsel review, to execute the MOUs on behalf of the Commission; 6) Authorize the Executive Director or designee to approve the use of the contingency as may be required for the project; and 7) Forward to the Commission for final action. 8. AMENDMENT TO AGREEMENT WITH OWEN DESIGN GROUP, INC. TO PROVIDE CONSTRUCTION MANAGEMENT SERVICES FOR THE NORTH MAIN CORONA PARKING STRUCTURE AND PHASE 1 - PERRIS MULTIMODAL TRANSPORTATION FACILITY Edda Rosso provided an update on the amendment to the agreement with Owen Design Group, Inc. to provide construction management services for the North Main Corona parking structure and Phase 1 - Perris Multimodal Transportation Facility. At Commissioner Karen Spiegel's request, Edda Rosso clarified that the charges and assessments for each project are kept separate. Specifically, costs incurred due to the late start of the Perris Multimodal Transportation Facility will be charged accordingly. M/S/C (Busch/Spiegel) to: 1) Approve Agreement No. 08-33-011-01, Amendment No. 1 to Agreement No. 08-33-011-00, with Owen Design Group Inc. (Owen Group) for Construction Management Services for the North Main Corona parking structure and the Phase 1 - Perris Multimodal Transportation Facility in the amount of $313,679, plus a general contingency amount of $31,321 for a total not to exceed amount of $345,000; 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; RCTC Plans and Programs Committee Minutes August 24, 2009 Page 4 3) Authorize the Executive Director or designee to approve the use of contingency as may be required for the project; and 4) Forward to the Commission for final action. 9. COMMUTER RAIL PROGRAM UPDATE Henry Nickel, Staff Analyst, presented an overview of the Commission's Commuter Rail Program and discussed Metrolink's measures to address decreased ridership. John Standiford, Deputy Executive Director, noted that ridership is indicative of the economy. Commissioner Daryl Busch concurred with John Standiford's comment and added the other factor that impacts ridership is fuel costs. M/S/C (Hall/Miller) to: 1) Receive and file an update on the Commuter Rail Program; and 2) Forward to the Commission for final action. 10. PUBLIC TRANSPORTATION MODERNIZATION, IMPROVEMENT, AND SERVICE ENHANCEMENT ACCOUNT FUNDS TO PUBLIC TRANSIT OPERATORS Martha Durbin, Staff Analyst, presented an overview of the public transportation modernization, improvement, and service enhancement account funds to public transit operators. M/S/C (Busch/Miller) to: 1) Adopt Resolution No. 09-016, "Resolution of the Riverside County Transportation Commission for the Purpose of Applying and/or Accepting Grants Awarded to the Commission's Rail Program from the Proposition 1B - Public Transportation Modernization, Improvements, and Service Enhancement Account Program "; 2) Allocate FY 2008/09 Public Transportation Modernization, Improvement, and Service Enhancement Account (PTMISEA) funds as follows: • $178,536 to the city of Banning; • $120,000 to the city of Beaumont; • $312,552 to the city of Corona; • • • RCTC Plans and Programs Committee Minutes August 24, 2009 Page 5 • $1,500,000 to the city of Riverside; • $3,628,307 to the Commission's Commuter Rail Program; • $140,067 to the Palo Verde Valley Transit Agency (PVVTA); • $1,900,735 to Riverside Transit Agency (RTA); and • $2,273,111 to SunLine Transit Agency (SunLine); 3) Amend the Commission's Rail Program FY 2009/10 Short Range Transit Plan (SRTP) to reflect an additional $473,198 in Proposition 18 funds for the Station Rehabilitation and Renovation Plan; 4) Approve a budget adjustment to increase revenues for a net total of $1,219,300 and expenditures by $800,000; and 5) Forward to the Commission for final action. 11. COMMISSIONERS / STAFF REPORT 11A. John Standiford announced: • Commissioner Bob Buster, Executive Director Anne Mayer, and Chief Financial Officer Theresia Trevino are in New York meeting with the rating agencies. An update will be provided at the next Commission meeting; and • Commissioner Roy Wilson's retirement from the Board of Supervisors and therefore the Commission, noting the display of his name sign in honor and respect for his service. 12. ADJOURNMENT There being no further business for consideration by the Plans and Programs Committee, the meeting was adjourned at 1:54 p.m. Respectfully ssuubpmitted, x �L \-\ -- Jennifer Harmon Clerk of the Board • AGENDA ITEM 7 RIVERS/DE COUNTY TRANSPORTATION COMMISSION DATE: September 28, 2009 TO: Plans and Programs Committee FROM: Michael Blomquist, Toll Program Director THROUGH: Anne Mayer, Executive Director SUBJECT: State Route 91 Project and Construction Manager Services STAFF RECOMMENDATION: This item is for the Committee to: 1) Approve the consultant selection process and award Agreement No. 09-31-081-00 to Parsons Transportation Group, Inc. to provide project and construction management (PCM) services for phase 1 of the SR-91 widening and extension of the 91 Express Lanes design -build project in the total not to exceed amount of $39.8 million including contingency of $4, 260,701; 2) Authorize staff to proceed with a portion of the phase 1 work through a limited notice to proceed (NOP) in the amount of $1,974,656; 3) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; 4) Authorize the Executive Director or designee to approve contingency work up to the total not to exceed amount as required for the project; 5) Approve an expenditure transfer within the existing project budget of $13 million from right of way acquisition to PCM services; 6) Authorize staff to proceed with the balance of phase 1 work following successful completion of the first portion of phase 1 work; 7) Authorize staff to negotiate the scope and fee for phase 2 work and bring back to the Commission at a later date a separate request for authorization of the phase 2 work; and 8) Forward to the Commission for final action. SR-91 CORRIDOR MISSION AND GOALS: Based on the Commission's leadership, direction, and desire to quickly deliver projects, staff has pursued methods to complete much -needed improvements to the SR-91 corridor. Funding a major portion of the SR-91 corridor work through toll revenue bonds provides a funding source not previously used in the Inland Empire. This funding source will enable the Commission to leverage Measure A funds with future toll revenue to build a much larger project to better Agenda Item 7 1 meet the needs for greater capacity and reduced congestion. Another first for Riverside County will be the use of the design -build method of project delivery to expedite the SR-91 corridor improvements by approximately three years. These methods reflect the Commission's desire to be resourceful and inventive to deliver transportation improvements for Riverside County. Consistent with the Commission's vision, staff developed a mission for the SR-91 corridor projects: '9n partnership with our stakeholders, develop a breakthrough mobility project for State Route 91 which meets Measure A commitments, creates a long-term revenue source for transportation improvements, is delivered with a businesslike efficiency, and maintains public and agency support." The PCM role is consistent with this mission and the Commission's goals. BACKGROUND INFORMATION: SR-91 Corridor Projects and the 10-Year Delivery Plan Due to the passage of the 2009 Measure A, in December 2006 the Commission adopted the 2009 Measure A Western County Highway 10-Year Delivery Plan 110-Year Delivery Plan). In this action, the Commission also directed staff to proceed with developing a project report/environmental document for all of the new projects identified in the plan. The SR-91 corridor improvement project (SR-91 CIP) and the SR-91 /71 interchange project were included in the 10-Year Delivery Plan and given high priority by the Commission. Both SR-91 corridor projects (SR-91 CIP and SR-91 /71 interchange project) started the project approval/environmental document phase of work and are proceeding with preliminary engineering work and environmental studies. Both projects are scheduled to have state and federal environmental approval by the spring of 2011. State and federal environmental approval is a key milestone that must be realized prior to acquiring right of way, award of a design -build contract for final engineering and construction, and the sale of toll revenue bonds. The Commission resources necessary to successfully deliver the SR-91 corridor projects are significant. The current environmental phase of work requires approximately four years and $40 million to obtain the required environmental approvals and to perform preliminary engineering for both SR-91 corridor projects. Commission and Bechtel staff currently oversees this phase of work and manage these contracts. The effort and cost of the next phase of work for final engineering and construction is significantly greater in order of magnitude. The final engineering and construction for both projects is planned to be performed under a single design -build contract to be procured in 2011. However, there remains major work Agenda Item 7 • 2 • prior to hiring the design -builder to prepare for a large, design -build contract as well as actually overseeing the design and construction work during the design -build phase. At its February 6, 2009 workshop, the Commission authorized staff to issue a solicitation for the procurement of the PCM. Defining the PCM Firm Role Staff proposes to hire a PCM firm dedicated to delivering the SR-91 corridor projects under a single, design -build contract in a timely and cost-effective manner. The PCM firm would be an extension of the Commission with a single focus — deliver the SR-91 corridor projects through the final engineering, construction, and toll operation start up phases. Scope of Work The PCM firm will provide skilled and experienced professionals to perform engineering, management, construction oversight, and other services. Staff has sought the highest quality, "A -team" from firms with national resources and experience. These resources will be scaled up or down as needed to meet the staffing needs during the course of this challenging project. The PCM firm will bring in the right resource at the right time resulting in efficient use of people and money. Initially, these resources will work on inter agency agreements, right of way acquisition, utility relocations, advanced final engineering and procurement of a design -builder. Once the design -build contract is awarded, the PCM firm will also perform engineering plan reviews, inspect materials and construction, administer the design -build contract, and other duties summarized in Table 1 below. TABLE 1 Scope of Work Summary for the PCM Firm PCM DUTIES Agreements and Agency Coordination (Caltrans [franchise agreement, design/right of way/construction, maintenance], Orange County Transportation Authority (OCTA) [tolling cooperative agreement, tolling operation agreement], utility companies, railroads, California Highway Patrol [toll violation enforcement], California Toll Operators Committee [user fee processing], Toll Corridor Authority [Fastrak licensing, cost sharing], Federal Communications Commission [RF antennas toll tag readers] Toll Revenue Bond Sale (mid-2011) (Before Bond Sale) Phase 1 X (After Bond Sale) Phase 2 X Agenda Item 7 3 Right of Way Acquisition (right of way engineering, appraisals, fee acquisitions, utility easements, relocations, etc.) X X Utility Relocation (agreements, coordination, and advanced utility relocation plans) X X Procurement of Design -Builder (risk analysis, procurement strategy, industry review, request for qualifications, request for proposal, one-on-one meetings, alternate technical proposals, design -build contract provision input, selection process, contract negotiations, contract award process, NOP) X Advanced Engineering to Support the RFP and Agreements (Perform limited, advanced engineering in several areas including long lead time bridges, surveying, stage construction, geotechnical explorations/reports, etc. prior to the procurement of a design -builder. Coordinate with existing PA/ED firm(s) as necessary for information and engineering work in support of the design -build RFP) X Project Controls and Implementation Planning (schedule, budget, document control system, forecasting, reporting, project management plans, project procedures) X X Toll Team Office (provide interim, co -located office for all project staff) X Design -Build Industry Outreach (Associated General Contractors, consultants, suppliers) X Design -Build Contract Administration (safety program, owner- controlled insurance program, invoice reviews, quality assurance/quality control program adherence, contract amendments, etc.) X Design Plan Reviews (review all permanent and temporary engineering plans and specifications, contract compliance) X Design Oversight (represent the Commission with Caltrans and the design -builder on all engineering issues, facilitate other agency reviews/approvals) X Construction Quality Assurance (independent owner verification through inspection and material sampling, final owner acceptance, safety reviews, etc.) X Project Closeout (project records, right of way transfer, punch list activities, Caltrans project approval, etc.) X Identify Technology Requirements (tolling, information technology services, etc.) X X Toll Operation Startup X Partnering (aid in partnering between the Commission and the design -builder) X Agenda Item 7 4 • Public Information/Outreach (web sites, public meetings, newsletters, media reports, community outreach presentations, etc.) X X Environmental Mitigation Implementation (construction and maintenance of commitments made during the NEPA/CEQA process) X Two -Phase Plan of Work for PCM Staff proposes to structure the PCM scope of services in two phases. Phase 1 is planned to extend approximately two years (fall 2009 to fall 2011), while phase 2 has a planned duration of approximately five years (fall 2011 to 2016) through project closeout. Tasks for each phase are reflected in the two columns in Table 1. Staff is requesting approval of a contract for phase 1 in this agenda report. Phase 2 work would be accomplished through a separate contract or a contract amendment at a later date and approved by the Commission at that time. Structuring the work in two phases would result in a key decision point for the Commission. The initial phase 1 would cover all work necessary from the PCM firm prior to the sale of toll revenue bonds. The successful sale of toll revenue bonds estimated in fall 2011 /winter 2012 is paramount in order to commence phase 2 activities. Phase 2 contract authorization could be provided upon a successful sale of toll revenue bonds. A two-phase approach allows the Commission to control whether and when to begin phase 2 activities. Schedule of Work of the PCM At its February 6, 2009 workshop, the Commission authorized staff to issue a solicitation for the procurement of the PCM. The schedule for the PCM role on the project is as follows: Current Milestones February 6, 2009 February 16, 2009 October 14, 2009 Future Milestones Spring/Summer '11 Summer/Fall ' 1 1 Fall '11/Winter '12 2016 2016/2017 Agenda Item 7 Commission Staff issued Commission Phase 1 authorized issuance of a solicitation for a PCM PCM solicitation to award PCM contract and authorize work for Complete environmental approval - federal record of decision Complete procurement of design -builder and award contract Sale of toll revenue bonds, authorize PCM phase 2 work through new contract or amendment, design -build contract NOP Completion of project Completion of PCM contract 5 Cost of Work When using the design -build method of project delivery, contracts for final engineering and construction are combined into a single, design -build contract rather than two, separate contracts per traditional project delivery. Additionally, the construction quality role performed by the owner is split between the owner and the design -builder on a design -build contract. Table 2 below presents an illustrative example of the project delivery roles and relative project costs between the owner and design -builder. The gray -shaded area represents the PCM role, the subject of this agenda report. The PCM role is significant in scope, responsibility, and cost. TABLE 2 Roles and Relative Project Costs RELATIVE PROJECT COSTS * %CC OWNER Owner Management 1% Environmental Studies and Preliminary Engineering Right of way Acquisition OWNER SUBTOTAL 2% 7% 20% DESIGN -BUILDER Final Engineering 5% Construction 72% Construction Quality Control DESIGN -BUILDER SUBTOTAL 3% 80% CORRIDOR TOTAL 100% Notes: 1) * %CC = cost of work as a percentage of the total SR-91 corridor cost including environmental studies and preliminary engineering, PCM, right of way acquisition, final engineering, construction, owner management, etc. 2) Percentages are estimates only. 3) Costs for the sale of toll revenue bonds, legal services, owner contingency, and other costs are not included for simplicity and clarity. PCM services during phase 1 (approximate two-year period before the toll revenue bond sale) are vital to advance the development of the project. Upon Commission approval of the phase 2 work through a new contract or amendment, the remainder of the PCM services would be performed from FY 2011/12 through FY 2016/17 (five years), which approximately corresponds to the design -build contract term. Agenda Item 7 • 6 • Procurement Process for the PCM Procurement Steps At its February 6, 2009 workshop, the Commission authorized staff to issue a solicitation for PCM services. Since that time, staff and the proposal evaluation panel have completed the following procurement activities: • Issued a solicitation for PCM services to industry; • Conducted a pre -submittal conference for all interested parties; • Received and answered industry questions related to the procurement; • Issued addendums to the solicitation as appropriate; • Received written proposals from the following firms: o CALTROP Corporation o Parsons Transportation Group, Inc. o PB Americas, Inc. o URS Washington Division • Rated written proposals and qualified two firms for interviews: o PB Americas, Inc. o Parsons Transportation Group, Inc. • Conducted interviews and formed a staff recommendation for the selection; • Negotiated and prepared a final contract, scope of work, schedule, and fee; • Conducted a pre -award audit of selected firm; and • Prepared staff recommendation for contract award for Commission consideration. The five -person proposal evaluation panel consisted of two Commission senior staff and a single, key representative from three major stakeholders: Caltrans, OCTA, and the city of Corona. Negotiation of Contract Terms, Scope, Schedule, and Fee Immediately after the selection panel formed a contract award recommendation of Parsons Transportation Group, Inc., staff began negotiations to finalize contract terms, scope, schedule, and fee. Attached to this agenda report is the contract including attachments for work scope (Exhibit A), schedule (Exhibit B), and fee (Exhibit C). Previous sections of this agenda report summarize the PCM scope of work and schedule for the contract. Staff negotiated a base contract value of $35,539,299 for phase 1 services with a contingency of $4,260,701 (12% of the base contract value) for a total not to exceed amount of $39.8 million. Based on industry information for similar design -build projects and preliminary negotiations with Parsons Transportation Group, Inc., staff is estimating phase 2 services to cost in Agenda Item 7 7 the range of $130-$155 million over the estimated five-year phase 2 duration. Staff will bring a phase 2 contract or an amendment to the phase 1 contract for phase 2 services to the Commission for approval at a later date. Therefore, both phases combined are estimated to cost $170-$195 million over the seven-year period. Given the magnitude of the estimated cost for both phases of this major undertaking for SR-91 corridor improvements, staff wanted to provide an estimated total cost to allow the Commission a fuller understanding of staff's recommendation and its implications to the Commission. Parsons Transportation Group Qualifications and Background Parsons Transportation Group, Inc. is recommended by staff for the contract because it was rated as the most qualified firm by the selection panel who evaluated both the written proposals and the interviews. Selection criteria included: • Corporate qualifications, resources, and experience; • Qualifications of key personnel including the project manager; • Project management organization and approach; • Design management, design organization, and approach; • Right of way acquisition and utility relocation approach; • Construction management organization and approach; and • Community/government relations team and approach. Parsons Transportation Group, Inc., headquartered in Pasadena, is an internationally recognized engineering and construction company with over 11,500 employees working on more than 5,000 projects in 50 states and 30 countries. Therefore, it can provide the full range of services as well as depth of resources needed to meet the challenges of the SR-91 corridor improvements. The company brings national "A -team" expertise to bear in design -build, tolling, and complex freeway construction projects. Locally, Parsons Transportation Group, Inc. has offices in Ontario, Irvine, and San Diego and has teamed with other firms including HDR, Inc.; Arellano Associates, Overland, Pacific & Cutler, Inc.; Psomas; and Southstar Engineering and Consulting, Inc. all with offices in the city of Riverside. Therefore, it is knowledgeable of the myriad of SR-91 corridor issues and has established relationships and reputations throughout the area. Parsons Transportation Group, Inc. has significant, Southern California experience in large, design -build projects including its role as the PCM for the recently completed SR-22 design -build project in Orange County and the SR-125 Southbay Expressway toll road project in San Diego County. Agenda Item 7 • 8 • Recent Economic Events The current national economic downturn has resulted in uncertainty in the toll revenue bond market, Riverside County development and demographic trends, and related factors that impact the financing of this toll project. These external trends coupled with the magnitude of the project's current scope have collectively had an effect on the project's funding and financial feasibility relative to the feasibility study completed in FY 2006/07. Staff is currently working closely with the Commission's tolling and engineering consultants to update financial feasibility and engineering work to maintain a project that is feasible to finance and construct under these changed conditions. This financial feasibility and engineering work is ongoing. Staff is expecting comprehensive results in early 2010. In light of this ongoing work and the greater economic uncertainty that currently exists, staff is proposing to take a more measured approach in the next six to twelve months regarding the design -build phase of work and specifically this PCM contract. This measured approach will continue to move the SR-91 project forward to maintain consistent progress toward completion while maintaining control of contract costs. Therefore, staff is recommending the Commission award the full contract for phase 1 services while also recommending metering the contract expenses through a limited NOP in the amount of $1,974,656. Staff recommends proceeding with limited but key elements of the design -build phase to maintain the project delivery schedule while allowing for financial feasibility and engineering work to proceed simultaneously. Key elements of the design -build phase 1 that would proceed under the limited NOP include: • Create a comprehensive project implementation plan, review of existing project information, analysis of implementation strategies, and analysis of financing strategies; • Develop a right of way acquisition plan (including advance acquisitions) and acquisition schedules to support the project's implementation schedule; • Prepare a comprehensive risk assessment consistent with FHWA's major project requirements, conduct a risk workshop to mitigate project risks; • Develop and finalize stakeholder and third party agreements that clarify the roles, responsibilities, and obligations of those that materially affect the successful implementation, completion and affordability of the project; • Develop tolling strategies, policies, business and operational rules, and technical requirements for the successful operation of the toll facility; • Develop a master utility plan for high risk utilities, conduct utility coordination meetings with key utility owners and develop master utility and railroad agreements; and Agenda Item 7 9 • Compile "lessons learned" and best practices locally and nationally, conduct a formal "lessons learned" workshop, and prepare an action plan for implementation. Staff anticipates issuing a NOP for the balance of the phase 1 work within the next six to twelve months. Staff Recommendation Staff recommends the Commission approve the consultant selection process and award Agreement No. 09-31-081-00 to Parsons Transportation Group, Inc. to provide PCM services for phase 1 of the SR-91 freeway widening and extension of the 91 Express Lanes design -build project in the total not to exceed amount of $39.8 million including a contingency of $4,260,701. Staff recommends to proceed with a portion of the phase 1 work through a limited NOP in the amount of $1,974,656 and that the Commission authorize staff to proceed with the balance of phase 1 work following successful completion of the first portion of phase 1 work. Staff further recommends that the Commission authorize staff to negotiate the scope and fee for phase 2 work and bring back to the Commission at a later date a separate request for authorization of the phase 2 work. Phase 2 contract authorization could be provided upon a successful sale of toll revenue bonds. A two-phase approach allows the Commission to control whether and when to begin phase 2 activities. The current FY 2009/10 budget for SR-91 corridor improvements includes $7.3 million for PCM services and $24.25 million for right of way acquisition totaling $31.55 million. Staff recommends the Commission approve an expenditure transfer within the existing project budget of $13 million from right of way acquisition to PCM services. The adjusted PCM services budget of $20.3 million and adjusted right of way acquisition budget of $11.25 million will be adequate to cover the anticipated FY 2009/10 costs, respectively. Further, staff recommends that the Commission authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission and authorize the Executive Director or designee to approve contingency work up to the total not to exceed amount as required for the project. Agenda Item 7 • 10 • Financial Information In Fiscal Year Budget: Yes Year: FY 2009/10 FY 2010/11 + Amount: $20,300,000 $19,500,000 Source of Funds: Commercial Paper and Budget Adjustment: Yes (transfer only) N/A GLA No.: 262 31 81601 003028 Task 09 Fiscal Procedures Approved: psiti Date: 09/17/09 Attachment: Contract with Exhibits for Work Scope, Schedule, and Fee Agenda Item 7 11 • Agreement No. 09-31-081-00 PROFESSIONAL SERVICES AGREEMENT RIVERSIDE COUNTY TRANSPORTATION COMMISSION AGREEMENT WITH PARSONS TRANSPORTATION GROUP INC. FOR PROJECT AND CONSTRUCTION MANAGEMENT SERVICES FOR THE STATE ROUTE 91 CORRIDOR IMPROVEMENTS 1. PARTIES AND DATE. This Agreement is made and entered into this day of 2009, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("the Commission") and PARSONS TRANSPORTATION GROUP INC., an Illinois corporation("Consultant"). 2. RECITALS. 2.1 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"). 2.2 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. 2.3 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. A source of funding for payment for professional services provided under this Agreement may be federal funds from the United States Department of Transportation. This Agreement shall not be deemed to be approved by the Commission until the certifications shown in Exhibits "E" and "F" attached hereto and incorporated herein by reference, are executed and incorporated in this Agreement. 2.4 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 I 12 • providing project and construction management services to public clients, is licensed in the State of California (as necessary), and is familiar with the plans of the Commission. 2.5 The Commission desires to engage Consultant to render such services for the State Route 91 Corridor Improvements project ("Project"), as set forth in this Agreement. 2.6 The Project includes various aspects including, but not limited to, the procurement of a Project design -builder, the acquisition of right-of-way and the sale of toll revenue bonds to provide funding for the Project. 2.7 The Commission has determined that the Project requires two phases of project and construction management, right of way acquisition and other Services. The first phase includes the Services covered under this Agreement, as set forth in the attached Exhibit "A", which are to be provided prior to the sale of toll revenue bonds ("Phase 1"). The Phase 1 services are referred to in this Agreement as the "Services". 2.8 The second phase shall include the services to be provided following the sale of toll revenue bonds including, but not limited to, construction oversight and management ("Phase 2"). The exact scope of services for Phase 2 shall be developed by the Commission prior to commencement of Phase 2 (the "Phase 2 Services"). 2.9 The Request for Qualifications process conducted by the Commission prior to selecting the Consultant covered both Phase 1 and. Phase 2. 2.10 It is the intent of the Commission to either enter into an amendment to this Agreement to include the Phase 2 Services, or to enter into a new agreement with the Consultant for Phase 2. Notwithstanding the foregoing nor anything contained in the attached Exhibit "A", the Commission is not in any manner bound to select the Consultant to provide the Phase 2 Services. 2.11 It is the intent of the Consultant to honor the option granted to the Commission, pursuant to Section 3.2.2 of this Agreement, to either amend this Agreement to include the Phase 2 Services or enter into a new agreement with the Commission for Phase 2, should the Commission exercise said option. The Consultant further acknowledges and agrees that such amendment or new agreement shall contain the same material terms contained in this Agreement, except as specifically set forth in Section 3.2.2. 3. TERMS. 3.1 General Scope of Services. The Consultant shall fumish all technical and professional services, including labor, material, equipment, transportation, 1 24 • supervision and expertise, and incidental and customary work necessary to fully and adequately supply the professional project and construction management, real property acquisition and other services necessary for the Project ("Services"). The Senvices 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. 3.2 Commencement of Services. 3.2.1 The Consultant shall commence work under this Agreement upon receipt of a written "Notice to Proceed" or "Limited Notice to Proceed" for from the Commission. 3.2.1.1 Pre -Award Audit. As a result of the federal funding that may be utilized for this Project, and to the extent Caltrans procedures apply in connection therewith, issuance of a "Notice to Proceed" may be contingent upon completion and approval of a pre -award audit. Any discrepancies noted in the Pre - Award audit report shall be remedied prior to submittal of the first invoice to the Commission. The federal aid provided under this Agreement is contingent on meeting all Federal requirements and could be withdrawn, thereby entitling the Commission to terminate this Agreement, if the procedures are not completed. The Consultant's files shall be maintained in a manner to facilitate Federal and State process reviews. In addition, the applicable federal agency, or Caltrans acting in behalf of a federal agency, may require that prior to performance of any work for which Federal reimbursement is requested and provided, that said federal agency or Caltrans must give to Commission an "Authorization to Proceed". 3.2.2 Phase 2 Services. The Consultant acknowledges that the Phase 2 Services are not currently covered under this Agreement. The Commission may authorize the Consultant to commence the Phase 2 Services by either entering into an amendment to this Agreement or entering into a new agreement with the Consultant for Phase 2. Prior to commencement of the Phase 2 Services, the Consultant shall comply with any and all provisions of this Agreement that relate thereto, including, but not limited to, any additional insurance requirements. The Consultant acknowledges and agrees that the Commission shall have no obligation to engage the Consultant for the Phase 2 Services, and the Commission may, without any liability to the Consultant or any other party, do any of the following: terminate this Agreement prior to commencement of Phase 2, determine not to enter into an amendment to this Agreement to include the Phase 2 Services, determine not to enter into an agreement with the Consultant for Phase 2. The Commission hereby reserves and the Consultant hereby grants to the Commission an option to either amend this Agreement to include the • Phase 2 Services or enter into a new agreement with Consultant for Phase 2. This option may be exercised by the Commission, ,in its sole discretion. The Consultant acknowledges and agrees that if the. Parties proceed to enter into: an amendment or a new agreement for Phase 2, the material terms contained in this Agreement shall apply to Phase 2, excluding the Total Compensation which shall be adjusted based on the Phase 2 Services. The Consultant shall provide the Commission with no less than one (1) year advance notice of a determination by the Consultant not to honor the option for Phase 2 Services. 3.3 Term. The term of this Agreement shall be three (3) yearn commencing on the date first specified above or the date of issuance of the Notice to Proceed by the Commission, whichever occurs first, 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. 3.4 Commission's Representative. The Commission hereby designates the Commission's Executive Director, or his or her designee, to act as its Representative for the performance of this Agreement ("Commission's Representative"). Commission's Representative shall have the authority to act on behalf of the Commission for all purposes under this Agreement. Commission's Representative 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 Representative or his or her designee. 3.5 Consultant's Representative. Consultant hereby designates Jeff Fielder to act as its Representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to act on behalf of Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his 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 Representative 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 Representative. 3.6 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 of Section 3.14. The key 115 • personnel for performance of this Agreement are: Jeff Fielder - Parsons (Project Manager); Rick Grebner Parsons (Planning & Design Manager); Jack Meifert - Parsons (Construction :Manager); ,Jeff Dailey HDR (Toiling Manager); Garey Foyt - HDR (Contracts Manager); Scott Bacsikin - HDR (Design Lead); Joey Mendoza - QPC (Right of Way Lead); Wendell Taylor- TEC (Utilities Lead). 37 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 Representative 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 Representative, in his sole discretion, determines the formally submitted work product to be not in accordance with the standard of care established under this contract, Commission's Representative may require Consultant to revise and resubmit the work at no cost to the Commission. 3.8 Appearance at Hearings. If and when required by the Commission, Consultant shall render assistance at public hearings or other meetings related to the Project or necessary to the performance of the Services. However, Consultant shall not be required to, and will not, render any decision, interpretation or recommendation regarding questions of a legal nature or which may be construed as constituting a legal opinion. 3.9 Standard of Care: Licenses. Consultant represents and maintains that it is skilled in the professional calling necessary to perform all Services, duties and obligations required by this Agreement to fully and adequately complete the Project. Consultant shall perform the Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of Califomia. 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 Consultant's failure to comply with the standard of care provided for herein, and shall be fully responsible to the Commission for damages and other liabilities provided for in the indemnification provisions of this Agreement arising from such 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, 1�5 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. 3.10 Opportunity to Cure. 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. 3.11 Inspection of Work. Consultant shall allow the Commission's Representative to inspect or review Consultant's work in progress at any reasonable time. 3.12 Final Acceptance. Upon determination by the Commission that Consultant has satisfactorily completed the Services required under this Agreement and within the term set forth in Section 3.3, the Commission shall give Consultant a written Notice of Final Acceptance. Upon receipt of such notice, Consultant shall incur no further costs hereunder, unless otherwise specified in the Notice of final Acceptance. Consultant may request issuance of a Notice of Final Acceptance when, in its opinion, it has satisfactorily completed all Services required under the terms of this Agreement In the event copyrights are permitted under this Agreement, then in connection with Federal funding, it is hereby acknowledged and agreed that the United States Department of Transportation shall have the royalty -free non-exclusive and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use, the work for governmental purposes. 3.13 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 CaUOSHA 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. For 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. • 167 • 3.14 Termination. 3.14.1 Notice: Reason. Commission may, by written notice to: Consultant, terminate this Agreement, in whole or in part, at any time by giving no less than ten (10) days prior written notice to Consultant of such termination, and specifying the effective date thereof ("Notice of Termination"). Such termination may be for Commission's convenience or because of Consultant's failure to perform its duties and obligations under this Agreement, including, but not limited to, the failure of Consultant to timely perform Services pursuant to the Schedule of Services described in Section 3.15 of this Agreement. Consultant may not terminate this Agreement except for cause.. 3.14.2 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. 3.14.3 Effect of Termination For Convenience. If the termination is to be for the convenience of the Commission, the Commission shall compensate Consultant for Services fully and adequately provided through the effective date of termination. Such payment 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 Representative 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. Following receipt of a Notice of Termination for convenience of the Commission, Consultant shall meet with Commission staff to develop a "wrap up" plan for the Project. If the Commission determines that the services required as part of the "wrap up" plan cannot be completed prior to the effective date of termination, the Parties shall agree in writing to the additional services to be provided by Consultant following termination, and Consultant shall be entitled to reimbursement for its Direct Labor Costs, as that term is defined in Section 1.1 of Exhibit "C", associated with such services, and any other costs agreed upon by the Parties. 3.14.4 Reimbursable Non -Labor Direct Costs ("Recoverable Costs") Related to Termination for Convenience. If Commission exercises its right to terminate the Agreement for convenience, Consultant shall be entitled to receive reimbursement for Recoverable Costs incurred by Consultant resulting from cessation of Services provided that Consultant can demonstrate that the costs were incurred as a direct result of the termination. Recoverable Costs shall be limited to the following, provided that such costs result directly from the termination: relocation of personnel, cost associated with termination of subcontracts, leases and other agreements associated with the Project, costs associated with delivering any documentation to the Commission, the cost of preparing records for storage, and other similar non -labor 18 direct costs if approved by the Commission. Under no circumstances will lost profits, lost opportunities, severance fees or charges of a similar nature be compensabee. Consultant shall consult with the Commission prior to incurring any significant cost during the Project for which reimbursement may be requested upon a termination by Commission for convenience. 3.14.5 Effect of Termination for Cause. If the termination is for cause, Consultant shall be compensated for those Services which are acceptable to the. Commission and have been fully and adequately completed as of the date the Commission provides the Notice of Termination. In such case, the Commission may take over the work and prosecute the same to completion by contract or otherwise. Further, 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 in Section 32. Termination of this Agreement for cause may be considered by the Commission in determining whether to enter into future agreements with Consultant. 3.14.6 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. 3.14.8 Procurement of Similar Services. in the event this Agreement is terminated, in whole or in part, as provided by this Section, the Commission may procure, upon such terms and in such manner as it deems appropriate, services similar to those terminated. 3.14.9 Cooperation Following Termination/Determination Not to Proceed with Phase 2. If this Agreement is terminated either for cause or for convenience, or if the Parties, or either one of them, determine not to enter into an amendment for the Phase 2 Services or a new agreement for Phase 2, upon request of the Commission, the Consultant shall work in good faith to transfer the lease for the Consultant's dedicated Project office to the Commission. 3.14.10 Waivers. Consultant, in executing this Agreement, shalt 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. • 3.15 Schedule and Progress of Services. 3.15.1 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "13" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel to perform • • B9 • • 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 Representative, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. The attached Schedule of Services may be amended at the direction of the Commission's Representative, with concurrence of the Consultant. 3.15.2 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, Consuftant shall promptly submit a revised Schedule of Services for approval by Commission's Representative. 3.15.3 Trend Meetings. Consultant shall conduct trend meetings with the Commission's Representative and other interested parties, as requested by the Commission, on a b 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 conceming 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. 3.15.4 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. 3.16 Delav in Performance: Suspension. 3.16.1 Excusable Delays. If Consultant is delayed or prevented from the timely performance of any act or services required by the terms of the Agreement by reason of (i) acts of God or of the public enemy, including without limitation , fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes or unusually severe weather, or (ii) acts or omissions of the Commission or other govemmental agencies in either their sovereign or contractual capacities, or (iii) acts or omissions of unrelated third parties, provided that Consultant has not contributed, either directly or indirectly to such delay by not performing to industry standards and the standard of care, performance of such act shall be excused for the period of such delay. For purposes of this provision, unrelated third parties shall include any person or entity that is not subject to the direction or control of Consultant. • 3.16.2 Written Notice. If Consultant believes it is entitled to an. extension of time due to conditions set forth in subsection 3.16.1, 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. 3.16.3 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. 3.16.4 Suspension of Services. If the Services hereunder are delayed or suspended by the Commission for more than thirty (30) calendar days, consecutively, through no fault of the Consultant or ,any party acting on behalf of Consultant, then the Consultant shall be entitled to equitable adjustments of the Schedule of Services and the compensation provisions of this Agreement to reflect reasonable costs incurred by the Consultant; in connection with the delay or suspension and reactivation and the fad that the time for performance of the Services hereunder has been revised. 3.17 Status of Consultant/Subconsultants. 3.17.1 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. 3.17.2 Prevailing Wages. By its execution of this Agreement, Consultant certifies that it is aware of the requirements of Califomia Labor Code Sections 1720 et seq. and 1770 et seq., as well as Califomia Code of Regulations, Title 8, Section 16000 et seg. ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. If the Services are being performed as part of an 20 applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Copies of the prevailing rate of per diem wages 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. 3.17.3 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. 3.17.4 Subcontracting. Consultant shall not subcontract any portion of the work or Services required by this Agreement, except as expressly stated herein, without prior written approval of the Commission. If Consultant wishes to use a firm as a subcontractor which is not specified in the proposal upon which this Agreement was awarded, prior written approval must be obtained from the Commission. The Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Consultant has, as part of its proposal, identified ten (10) companies/firms that will be subconsultants utilized by Consultant ("Subconsultants") for Project delivery. A list of said Subconsultants is attached hereto as Exhibit "C" Part 2 and made a part hereof. The Commission hereby approves the use by Consultant of the Subconsultants identified in Exhibit "C" Part 2. In the event and prior to the replacement of any Subconsultant approved herein, the Consultant shall seek and obtain the Commission's written approval. Exhibit "C" Part 2 also sets forth the rates at which each Subconsultant shall bill the Consultant for Services subject to reimbursement by the Commission to Consultant. Consultant acknowledges that approval of Consultant's utilization of the identified Subconsultants together with the incorporation of Subconsultants' rate schedules and cost proposals into this Agreement shall in no way be construed to create any contractual relationship between any Subconsultant and the Commission. The Subconsultant rate schedules and cost proposals contained herein are for accounting purposes only. In the event that any Subconsultant shall bring any action, claim or proceeding purporting to enforce any right purportedly arising under this Agreement, the Consultant shall be responsible for the Commission's reasonable legal fees without regard to the merits of any such claim. 22 3.18 Ownership of Materials/Confidentiality. 3.18.1,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 CDocuments & Data"). Consultant shall require all subcontractors to agree in writing that Commission is granted an exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to grant the exclusive and perpetual license for all such Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the Commission. Commission shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at Commission's sole risk. 3.18.2Intellectual 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 CIntellectual 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. 3.18.3 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of Commission, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing fumished 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. 3.19 Indemnification. 3.19.1 Indemnification for Claims by Third Parties. To the fullest extent permitted by law, Consultant shall indemnify and hold Commission, its directors, officials, officers, employees, consultants, 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, inverse condemnation, and any claims related to property acquisition and relocation rules or failure to detect or abate hazardous materials, which are brought by a third party, and which in any manner arise out of or are incident to any negligent acts, omissions, or willful misconduct of Consultant, its officials, officers, employees, agents, consultants, and contractors arising out of performance of the Services, the Project or this Agreement. The obligation to indemnify provided by this paragraph includes without limitation the payment of consequential damages, expert witness fees, and attomeys fees and other related costs and expenses. For purposes of this obligation to indemnify the Commission for claims by third parties, third parties do not include any agent or contractor empbyed Commission. 34 • 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 or agents. Consultant shall, to the extent of its obligation to indemnify hereunder, pay and satisfy any judgment, award or decree that may be rendered against Commission or its directors, officials, officers, employees, consultants, or agents, in any such suit, action or other legal proceeding. Consultant shall reimburse Commission and its directors, officials, officers, employees, consultants, and/or agents, for any and all legal expenses and costs, including reasonable attomey's fees, incurred by each of them 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; or agents. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 27828, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 3.19.2 Indemnification for Damaqes by Commission. Consultant shall indemnify the Commission, its employees, agents and contractors for all damages, costs, expenses, or injury, including consequential damages such as lost toll revenues and capitalized interest accrued on bond financing, to the extent caused by the negligent acts or failure to act of Consultant or its subconsultants, of any tier, arising out of or in connection with the performance of the Services, the Project or this Agreement. 3.19.3 Limitation of Liability. Except for the obligation of full and complete performance of the Services and the obligation to indemnify, hold harmless and defend Commission for claims by third parties as provided in Section 3.19.1, Consultant's liability to Commission shall be limited to Three Million Dollars ($3,000,000) in Phase 1 ("Phase 1 Cap") and to Fifteen Million Dollars ($15,000,000) in Phase 2 ("Phase 2 Cap"). Should the Parties proceed with Phase 2, as of the date of execution of the amendment to include the Phase 2 Services or a new agreement for Phase 2, all outstanding liabilities and potential liabilities of Consultant arising under this Agreement, except for those obligations and liabilities specifically excluded from either cap, shall be covered under the Phase 2 Cap. Any new agreement for Phase 2 shall specifically state that all outstanding liabilities and potential liabilities arising out of the provision of the Services for Phase 1, and under the Phase 1 Cap, shall be covered under the new agreement, and under the Phase 2 Cap. 3.20 Insurance. 3.20.1 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 addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. 29 • • • 3.20.2 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 types of insurance for the duration of the Agreement. Consultant's insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope_pf 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); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) if Consultant has employees, Workers' Compensation and Employer's Liability. Workers' Compensation insurance as required 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 and advertising injury and property damage. If General Liability Insurance or includes a general aggregate limit, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Statutory Workers' Compensation limits as required by the applicable Labor Code and Employer's Liability limits of no less than $1,000,000 per accident for bodily injury or disease. For Phase 2, the General Liability requirement shall be S10,000,000 for bodily injury, personal and advertising injury and property damage which may be met as follows: (I) provision of a standard primary general liability policy with the following limits: $1 million per occurrence, $2 million aggregate for the primary general liability (unless the aggregate limit is dedicated to the project, in which case an aggregate limit of $1 million would be acceptable); (ii) Provision of an umbrella/excess liability policy with the following limits: at least $9 million per occurrence, $9 million aggregate. 3.20.3 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. Such insurance shall be in an amount not less than $2,000,000 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 suchrequest shall be in writing, signed by the Commission's Representative. For Phase 2, Consultant shall procure and maintain, for aperiod of. five (5) years followingcompletion of the Project, errors and omissions liability insurance appropriate to its profession in an amount not less than $10,000000 per claim. Subconsultants of Consultant shall obtain such insurance in an amount not less than $2,000,000 per claim, unless otherwise agreed upon by the Commission as set forth above. 3.20.4 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, 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. 3.20.5Insurance 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. The general liability policy shall be endorsed to state that: (1) the Commission, its directors, officials, officers, employees and agents shall be covered as additional insureds with respect to the Services or operations performed by or on behalf of the Consultant, including materials, parts or equipment fumished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the Commission, 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, 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. (8) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the Commission, 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, 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, its directors, officials, • 1� • 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. 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 terns of the 'insurance policy which arise from work performed by the Consultant. (D) Alt Coverages. Each insurance policy required by this Agreement shall be .endorsed to state that: (A) coverage shall not be suspended, voided or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Commission, or ten (10) days prior written notice in the case of non-payment of premium; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the Commission, its directors, officials, officers, employees and agents. 3.20.6 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. 3.20.7Acceptability 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 Califomia, and satisfactory to the Commission. 3.20.8 Verification of Coverage. Consultant shall fumish 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 review complete, certified copies of all required insurance policies at a local office of Consultant during normal business hours. 3.20.9 Other Insurance. At its option Commission shall require such additional coverage(s), limits and/or deductibles/retentions it considers reasonable for Consultant's operations, and are consistent with similar operations. In retaining this option Commission does not warrant Consultant's insurance program to be adequate. Consultant shall have the right to purchase insurance in addition to the insurance lg required in this Section. If :such change results in additional cost to Consultant, the Commission and Consultant will negotiate additional compensation. 3.21 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. 3.22 Fees and Payment. 3.22.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall be on the basis of direct costs plus the Fixed Fee as further set forth in Exhibit "C" and shall not exceed the maximum amount of Thirty Five Million Five Hundred Thirty Nine Thousand Two Hundred Ninety Nine dollars ($35,539,299.00) ("Total Compensation"). 3.22.2 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. 3.22.3 Work in Excess of Total Compensation. Consultant shall notify the Commission as early as possible of any anticipated budget shortfalls and any need to increase the not to exceed Total Compensation amount set forth above in Section 3.22.1. If the performance or continuation of any Services shall result in costs in excess of the not to exceed amount, the Consultant shall immediately notify the Commission prior to cessation of any Services. The Commission may, in its sole discretion, provide written authorization to the Consultant for the continued provision of • 10 • the Services, or any specified portion thereof. The Commission shall promptly process an amendment to this Agreement for the authorized additional compensation. The Commission shall be responsible and shall pay the Consultant for Services adequately performed and accepted pursuant to such written authorization at the hourly rates set forth in Exhibit "Cm, unless otherwise agreed to by the Parties under the terms of a subsequently processed: amendment. 3.22.4 Additional. Work. Any work or activities that are in addition to, or otherwise outside of, the Services to be performed pursuant to this Agreement shall only be performed pursuant to a separate agreement between the parties.. Notwithstanding the foregoing, the Commission's Executive Director may make ;a change to the Agreement, other than a Cardinal Change. For purposes of this Agreement, a Cardinal Change is a change which is "outside the scope" of the Agreement; in other words, work which should not be 'regarded as having been fairly and reasonably within the contemplation of the parties when the Agreement was entered into. An example of a change which is not a Cardinal Change would be where, in a contract to construct a building there are many changes in the materials used, but the size and layout of the building remains the same. Cardinal Changes are not within the authority of this provision to order, and shall be processed by the Commission as "sole source" procurements according to applicable law, including the requirements of FTA Circular 4220.1 D, paragraph 9(f). (a) In addition to the changes authorized above, a modification which is signed by Consultant and the Commission's Executive Director, other than a Cardinal Change, may be made in order to: (1) make a negotiated equitable adjustment to the Agreement price, delivery schedule and other terms resulting from the issuance of a Change Order, and (2) reflect other agreements of the parties modifying the terms of this Agreement ("Bilateral Contract Modification"). (b) Consultant shall not perform, nor be compensated for any change, without written authorization from the Commission's Executive Director as set forth herein. In the event such a change authorization is not issued and signed by the Commission's Executive Director, Consultant shall not provide such change. 3.22.5 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by the Commission's Representative. 3.23 Prohibited Interests. 3.23.1 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, J® I 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 Ishall have the right to rescind this Agreement without liability. 3.232 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. 3.23.3 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. 3.23.4 Covenant Against Contingent Fees_ As required in connection with federal funding, the Consultant warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this Agreement, and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Commission shall have the right to terminate this Agreement without liability pursuant to Section 3.14, or at its discretion to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 3.23.5 Covenant Against Expenditure of Local Agency, State or Federal Funds for Lobbying. The Consultant certifies that to the best of his/ her knowledge and belief no state, federal or local agency appropriated funds have been paid, or will be paid by or on behalf of the Consultant to any person for the purpose of influencing or attempting to influence an officer or employee of any state or federal agency; a Member of the State Legislature or United States Congress; an officer or employee of the Legislature or Congress; or any employee of a Member of the Legislature or Congress, in connection with the award of any state or federal contract, grant, loan, or cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement. a) If any funds other than federal appropriated funds have been paid, or will be paid to any person for the purpose of influencing or attempting to influence an officer or employee of any federal agency; a Member of Congress; an officer or employee of Congress, or an employee of a Member of Congress; in • • connection with this Agreement, the Consultant shall complete and submit the Standard Fomn-LLL, "Disclosure Form to Report Lobbying," provided as part of the Commission's Request for Proposals package. b) The Consultant's certification provided in this .section is a material representation of fact upon which reliance was placed when this Agreement was entered into, and is a prerequisite for entering into this Agreement pursuant to Section 1352, Title 31, US. Code. Failure to comply with the restrictions on expenditures, or the disclosure and certification requirements set forth in Section 1352, Title 31, US. Code may result in a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. c) The Consultant also agrees by signing this Agreement that he/she shall require that the language set forth in this Section 3.23.5 be included in all Consultant subcontracts which exceed $100,000, and that all such subcontractors shall certify and disclose accordingly. 3.24 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred and fees charged under this Agreement. As required in connection with federal funding, the Federal Acquisition Regulations in Title 48, CFR 31 shall be the governing factors regarding allowable elements of cost. All such records shall be dearly identifiable. Consultant shall allow a representative of the Commission, the State, the State Auditor, or any duly authorized representative of the Federal govemment having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) during normal business hours to examine, audit, and make transcripts or copies of any and all ledgers and books of account, invoices, vouchers, canceled checks, and any other records or documents created pursuant to this Agreement. All such information shall be retained by Consultant for at least three (3) years following termination of this Agreement. Following final settlement of the contract accounts with the United States Department of Transportation under this Agreement, such records and documents may be microfilmed at the option of the Commission, but in any event shall be retained for said three (3) year period after processing of the final voucher by the United States Department of Transportation. a) The Consultant also agrees to comply with Federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Govemments. b) Any costs for which payment has been made to the Consultant that are determined by subsequent audit to be unallowable under 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31 et seq. or under 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Govemments, are subject to repayment by the Consultant to the Commission. 22 c) The Payroll Additives and Overhead Costs, as those terms are defined in Section 1.1.2.2 and Section 1.1.2.3 of Exhibit "C", shall be adjusted annually to equal Consultant's audited overhead costs for the preceding year. The adjustment shall occur when Consultant has published its audited overhead rate and shall apply to Direct Salary Cost, as defined in Section 1.1.1 of Exhibit "C", incurred thereafter until the rate for the following year is available upon completion of an independent audit of Consultant's indirect cost rate. 3.25 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. 3.26 Right to Employ Other Consultants. Commission reserves the right to employ other consultants in connection with the Project. 3.27 Governing Law. This Agreement shall be governed by and construed with the laws of the State of Califomia. Venue shall be in Riverside County. 3.28 Attorneys' Fees. 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 parry in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and, all other costs of such actions. 3.29 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.30 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. 3.31 Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONSULTANT: Parsons Transportation Group, Inc. 2201 Dupont, Suite 200 Irvine, CA 91612 Attn: Kevin Haboian, Principal COMMISSION: Riverside County Transportation Commission 4080 Lemon Street, 3`d Floor Riverside, CA 92501 Attn: Executive Director • 228 • 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. 3.32 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. 3.33 Amendment or Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.34 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. 3.35 No Third Party Beneficiaries. The Parties enter into this Agreement for the sole benefit of the Parties, to the exclusion of any third party, and no third party beneficiary is intended or created by the execution of this Agreement. 3.36 Invalidity: Severabilitv. 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. 3.37 Provisions Applicable When Federal Department of Transportation Funds Are Involved. To ensure that this Agreement qualifies for federal funding from the United States Department of Transportation, Consultant shall also fully and adequately comply with the provisions included in Exhibit "D" (Federal Department of Transportation Requirements and California Department of Transportation (Ca'trans) DBE program requirements) attached hereto and incorporated herein by reference. 3.38 No Waiver. Failure of Commission to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times. [Signatures on following page] 33 SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT WITH FHWA FUNDING/ASSISTANCE IN WITNESS WHEREOF, this Agreement was executed on the date first written above. RIVERSIDE COUNTY. CONSULTANT TRANSPORTATION COMMISSION PARSONS TRANSPORTATION GROUP, Inc. an Illinois corporation By: By: Robert E. Magee, Chair Signature Approved as to Form: By: Best Best & Krieger LLP General Counsel Name Title • • EXHIBIT "A" SCOPE OF SERVICES LAttached behind this page j Exhibit A 36 EXHIBIT "A" SCOPE OF WORK The following Scope of Work (Scope) is intended to be in support of and complementary to the implementation of a design -build contract under a "Best Value" procurement for the SR 91 Improvement Project. This Scope is based on the development, procurement, management and oversight of a design -build contract based on Alternative #2 generally defined as adding one general purpose lane in each direction from SR-241 to Pierce Street as well as auxiliary lanes between most major interchanges, and the addition of one tolled express lane and the conversion of one existing high -occupancy vehicle lane to a tolled express lane in each direction to form two tolled express lanes in each direction in the median from the Orange County line to 1-15 (the Project). Due to schedule requirements or other special risks, the CONSULTANT will initiate some project services for later hand-off to the design -build contractor (CONTRACTOR). These services may include preliminary design of some project elements and right-of- way engineering. Altematively, the CONSULTANT may continue some services through Phase 2 without hand-off to the design -build contractor. These services may include the completion of the design on some high risk project elements or right-of-way engineering. The CONSULTANT will work with the Commission during Phase 1 to define the Project areas where such strategies are applicable and beneficial to the Project. 1. SCHEDULE The schedule for the Project is presented in Exhibit "B" to this Agreement and forms the basis for accomplishing the COMMISSION's goals, understanding of the CONSULTANT Scope and the pricing of the CONSULTANT services. In order to accomplish the COMMISSION'S goals, the Project has been defined in two Phases: Phase 1 identified as the Project Development Phase commencing with Notice - to -Proceed provided to the CONSULTANT and culminating with the close of financing and the notice to proceed given to the CONTRACTOR; and Phase 2 commencing with an amendment to this present contract or a new contract for the work in Phase 2 coinciding generally with the notice to proceed provided to the CONTRACTOR and completing at the end of Project Close -Out (Project Completion), considered to be one- year from the date of Design -Build Completion (Substantial Completion) 2. SCOPE OF SERVICES The CONSULTANT shall assist the COMMISSION in the development, procurement, management, and oversight of the design -build Project. The CONSULTANT will provide the COMMISSION with the agreed staff, resources, and expertise to manage the Project. Exhibit A A-1 37 • • The project and construction management tasks and activities for Phase 1 are described below by functional responsibility. The Phase 2 scope and fee will be. finalized during Phase 1 and may be added through a contract amendment or included in a new contract. 1.0 Phase 1: Project Development A. Project Management Working with RCTC's SR-91 Corridor team, provide leadership and management of project activities relating to the accomplishment of milestones leading to the close of financing, sale of revenue bonds and the issuance of the notice to proceed to the selected design -build CONTRACTOR and the commencement of Phase 2. This would include: 1.1 Project Management —provide day -today project management and contract oversight of the Project, including the maintenance of qualified staffing and management and integration of staff activities. Additional activities would include: • Point of contact to the COMMISSION on all contractual matters relating to the delivery of the Project; • Attendance at meetings and the cooperation with, and coordination of, stakeholder agencies including Orange County Transportation Authority (OCTA), Califomia Department of Transportation (CALTRANS) and the Transportation Corridor Agencies (TCA). Work with the RCTC to facilitate the development of stakeholder agreements; • Provide for the communications and reporting for all CONSULTANT and Project activities to the RCTC and other stakeholder agencies as described in the Project Management Plan (PMP); • Cooperate and coordinate with other COMMISSION consultants to achieve completion of Phase 1, including the sale of bonds and issuance of the notice to proceed for Phase 2; • Facilitate, coordinate and cooperate with lenders and other financial institutions to promote and secure their interest in achieving the financial solution for the Project. Work to find innovative means for project financing and the acceleration of financial close/bond sale; • Facilitate and coordinate activities and requirements of the toll expressways operator and other COMMISSION consultants to integrate their involvement and requirements into the technical solution and secure a successful financial close. Exhibit A A_2 38 1.2 Safety — provide input and analysis associated with the option to provide an Owner Controlled Insurance Program (OCIP) or CONTRACTOR Controlled Insurance Program (CCIP); develop the project -wide safety program and requirements that will be included into the CONTRACTOR procurement documents; and perform periodic audits to assess office safety and ergonomics standards and compliance. Safety planning in Phase 1 would also include: • Compliance of the safety program with all federal, state and local laws including those of Occupational Safety and Health Administration (OSHA), CALTRANS, COMMISSION and the local agencies and jurisdictions; • Identification of the safety training requirements for all CONSULTANT personnel and review and comment on safety activities of the COMMISSION and its consultants including requirements for compliance; • Requirements for safety's review of the design, and other activities and work processes on the Project. 1.3 QA/QC — Provide an assessment of the scope, stakeholder requirements and delivery approach of the Project and based on this assessment propose to the COMMISSION a recommended approach to establishing a comprehensive project -wide quality assurance and quality control program; develop the recommended program as approved by the COMMISSION including a clear delineation of roles and responsibilities between all identified parties related to all design, procurement, and construction activities. Develop the quality assurance and quality control requirements for inclusion into the CONTRACTOR prequalification process, and the quality assurance and quality control program for inclusion into the subsequent request for proposals. The elements of the quality assurance and quality control program will include: • Quality assurance and quality control of the design processes, including other office work processes and activities; • Quality assurance and quality control requirements and compliance by the design -build CONTRACTOR, including the requirements of and independent oversight by the CONSULTANT; • Requirements and compliance for inspection and testing activities for materials and equipment in the field and in laboratories and shops; independent testing requirements as required by CALTRANS; and the calibration of testing equipment; • Coordination, communication and reporting to the COMMISSION, CALTRANS and other stakeholder agencies relating to the quality assurance and quality control activities. Exhibit A A-3 39 • 1.4 Insurance Management — Provide an assessment of the Project scope, criteria and risks necessary to develop a comparative analysis regarding the options for ,providing project insurance, whether a standard practice program, OCIP, CCIP or other available and innovative marketable options; seek market information and pricing for the various options and encourage market participation; recommend for approval by the COMMISSION a optimal insurance program and develop the necessary provisions defining the requirements to be included in the request for qualifications (prelualfication) and request for proposal documents for the procurement of a design -build contractor. Provide review, analysis and recommendations to the COMMISSION regarding, the insurance statements and proposals submitted by CONTRACTOR as part and in support of the procurement process. 1.-.5 Toll Financing — In coordination with the COMMISSION and their consultants, participate in meetings to define the initial financing approach to the Project including initial market interest and feedback; through the market interest and feedback, participate in finalizing the financing approach and submittal of all necessary applications and approvals including defining the needs of lenders that must be incorporated into the procurement documents for the CONTRACTOR. Support COMMISSION developing bonding agreements and securing credit rating on bonds, and work to place bonds in the market; support any technical or management reviews requested of the lenders; and attend any meetings with lenders in developing market interest and presenting the technical and financial aspects of the Project. 1.6 Labor and DBE Compliance - CONSULTANT will prepare Project bid/contract specifications containing appropriate and current language concerning State Prevailing Wage Requirements, Federal Davis -Bacon Act requirements and Apprentice requirements and provisions to be included in the design -build RFQ and final design -build contract. Services will include responding to CONTRACTOR comments and providing technical assistance on all Labor Compliance requirements, as necessary. Labor Compliance for Phase 1 would also include: • Develop a "Federal On -The -Job Training (OJT) Participation" goal, as necessary and ensure that all required OJT provisions, Labor Compliance Forms, and applicable Federal Prevailing Wage Determinations are included in RFP document; • Develop Processes and Procedures for Labor Compliance Functions in accordance with State and Federal requirements and the CALTRANS Local Assistance Procedures Manual (LAPM). Develop Labor Compliance activities Program Management Procedures (PMP), including a section on Roles and Responsibilities; Exhibit A A-4 40 • Determine and Update the Federal 'General Wage Determinations, as necessary, based on Wage Rate Amendments and the Federal '10- Day Rule" found under 29 CFR Section 1.6(c) (3); • Determine applicable State Prevailing Wage Rate Determinations applicable to the Project based on the Projects Bid Advertise Date; • Prepare Pre -Bid Meeting checklist designed to facilitate review of all Labor Compliance requirements including applicable Prevailing Wage requirements with potential proposers. DBE Compliance for Phase 1 would include: • Prepare all necessary RFP and contract boilerplates in preparation of the release of the RFP in conformance with 49 CFR Part 26, Design - Build provisions and recently released Caltrans Race -Conscious Directives; • Develop a UDBE Contractor Performance Plan requirement for inclusion in RFP document; Develop an Annual DBE Reporting Update requirement for inclusion in the RFP document (to be submitted by awarded contractor); • Ensure that all forms utilized in the RFP are in accordance with the LAPM and are the latest versions required by Ca!trans; • Consider and develop, as applicable, a Contract -Specific UDBE goal for this procurement in accordance with Caftans Race -Conscious directives; • Participate in workgroup meetings relative to the development and finalization of all applicable DBE solicitation and contractual provisions; • Incorporate Good Faith Effort required provisions into the RFP; • Review DBE related Proposal documents submitted by Project Proposers to determine whether or not they met the Contract -Specific UDBE goal, as applicable; • Confirm Contractor claimed UDBE/DBE participation crediting in conformance with 49 CFR Part 26 and Ca!trans directives, including Commercially Useful Function (CUF) provisions; and • Conduct Good Faith Efforts reviews of proposers for compliance with all UDBE Contract -Specific goal requirements, as necessary, to determine responsiveness to applicable requirements. Exhibit A A-5 41 • • • 1.7 Claims Support Provide support in reviewing internal work processes, and procedures, document management and control systems, including review of design -build prequalification and request for proposal documents to identify and mitigate claim situations and support clairn avoidance activities during Phase 2. 1.8 Agency Coordination — CONSULTANT shall identify, define, schedule, facilitate and coordinate with stakeholder agencies in support of project policies, procedures, practices and schedules, as well as with working through barriers and enhancing opportunity for innovations in the delivery of the Project. Take lead in securing agency agreements with stakeholder agencies, entities and groups necessary to support project activities and toll operations. 1.9 Partnering CONSULTANT will establish and implement a partnering program for the Project using an independent facilitator to structure and conduct the program. The intent of this program is to build working relationships among all Project participants and stakeholders, including the COMMISSION, CALTRANS, CONSULTANT, local jurisdictions, and others. CONSULTANT will 'hire a facilitator to develop and coordinate the partnering sessions and program. The first session will be held soon after the CONSULTANT receives the notice to proceed. 1.10 Quality Improvement Program (QIP) — Provide and implement a defined quality improvement program for the project that will promote enhanced communications between all parties and provide the means to continuously improve work processes and reduce costs and inefficiencies on the Project. 1.11 Community/Govemment Relations — Provide assistance to the COMMISSION in the development and implementation of a public communication and govemment relations plan for the Project. The Community and Government Relations Plan will provide: • Public information and response to public and media questions about the Project (not related to the CEQA and NEPA processes); • Public information about toll roads and initial toll facility operation; • Ongoing communications with staff and boards of public agencies, project partners, and elected officials. Work will involve the direct coordination with the COMMISSION'S Government Relations Manager on all public information activities on behalf of the Project, and include conducting a "situation analysis and information inventory" to determine potential impacts to the community; establishing contact databases, project helpline and key messages; hosting public meetings; creating collateral material and web/new media presence; assisting with media relations; organizing stakeholder briefings; facilitating Exhibit A A-6 42 presentations to elected officials and agencies; conducting presentations to community organizations, and maintaining an issues matrix. 1.12 Risk Assessment — CONSULTANT shall perform a probabilistic risk analysis: in accordance with the FHWA Major Project Requirements; To support this requirement, CONSULTANT shall be responsible for implementing and leading a series of Risk Workshops focusing on variables impacting the Project cost and schedule. Two workshops are anticipated. The first will occur during the early stages of Phase 1 to identify areas of risk, develop cost estimates, and work with the COMMISSION in allocation of the identified Project risk in consideration in the development of the request for proposals for the design -build CONTRACTOR. A second Workshop shall occur towards the end of the procurement period to validate and update the previous results. The CONSULTANT shall work with the COMMISSION to identify the stakeholders participating in each workshop: CONSULTANT will maintain a Risk Matrix Logging all risk variables, outcome of the analysis, and the responsible party. 1_13 Project Labor Agreements — CONSULTANT will identify the most appropriate labor posture on the Project considering the use of Project Labor Agreements (PLA) and make its recommendation to the COMMISSION. Work will involve initial research in assessing the current economic climate, analyzing past labor practices, meeting with national, regional and local labor organizations, and gathering input from contractors and focal stakeholders and other agencies. Work with ,COMMISSION to develop the appropriate PLA language for the procurement process and the documents for the selection of the CONTRACTOR. 1.14 Project Policies, Plans, and Procedures — CONSULTANT shall develop the project policies, plans, and procedures necessary to support project operational and management processes including the definition of project requirements; means and methods, roles, responsibilities, and interrelationship of the various project functions, participants and stakeholders; and work flow processes. Project policies, plans, and procedures would include: • Project Management Plan (PMP) — a living document distributed to all management personnel providing the foundation or "road map" to the delivery of the Project and to foster and maintain a team approach; • Project Procedures — supporting and supplementary procedures to the PMP describing project processes, communications and work flows; • Project Close -Out Plan (PCOP) — identifying the requirements to effectively close-out the design -build contract including submittal by design -build CONTRACTOR of all record drawings; obtainment of substantial and final completion including the necessary Exhibit A A-7 43 • • documentation, applications, data, submittals and completion of all reports. CONSULTANT shall provide the office -space for the three-year project development period including the provision of all fumiture, equipment, supplies, services, including the information systems (IS) infrastructure necessary for the performance of work under this phase. The space will be located in close proximity to the RCTC office in downtown Riverside and will include provisions for COMMISSIONS's staff and their other consultants, as well provisions for CONSULTANTs staff and its subconsultants. The office space will initially include: • Ten 10 office spaces for COMMISSION (RCTC), CALTRANS and their consultants; • Fifteen (15) office spaces for CONSULTANT staff and their subconsultants, including six (6) additional spaces to accommodate travelers; • The office space shall allow for one (1) large conference room and one (1) small conference room to allow for meetings and work sessions; • Office space will be a combination of walled offices and cubides appropriate for the personnel and type of work activities, and comply with ADA, State and CONSULTANT employee requirements. CONSULTANT shall provide an adequate number of project vehicles and types to support transportation needs for project and COMMISSION personnel and their activities. B. Planning and Design 1.1 Planning and Design Management — provide for the day-to-day management of all planning and design activities and work processes for the Project in accomplishing completion of Phase 1. Activities would include: • Staffing of the planning and design activities with the appropriate and qualified staff, and provide for the integration of the design subconsultants and activities to avoid or mitigate technical gaps in the development of the Project; • Coordinate technical meetings with stakeholder agencies, including the COMMISSION, CALTRANS and local agencies and jurisdictions to obtain their involvement and approval, as necessary for required work activities; • Facilitate and coordinate with the COMMISSION's consultants in reviewing and integrating their work into the Project, and to address innovations to the technical aspects of the Project; Exhibit A A-g 44 • Provide for the appropriate systems, tools, means and methods to coordinate, communicate, collaborate, and produce project data, document and deliverables. 1.2 Survey/ROW Engineering — CONSULTANT shah provide surveying, mapping and Right of Way Engineering services as needed in support of Design Development during Phase 1. Additional surveying services will be required during Phase 2 to provide quality assurance of the design -builder's construction survey on as -needed basis and to complete post -construction Record of Survey. Phase 1 Survey Tasks will consist of the following: • Pre -Construction Record of Survey — CONSULTANT shall providea pre -construction record of survey for the land net :in conformance with statutory requirements and to delineate limits of existing record right- of-way. The project surveyor will prepare a record of survey in conformance with existing standards by the County of Riverside surveys and by the County of Orange surveys. Since this project lies within the said two counties, CONSULTANT shall file a record of survey for parts lying within the respective counties. CONSULTANT shall also .break the portion in Riverside County into two separate records of surveys, as the number of sheets exceeds acceptable limits. • Utility Verification — CONSULTANT will provide field survey services document the pothole locations. • Advanced Design Surveys — CONSULTANT will provide field survey services to document the geotechnical borings. • Right -of -Way Engineering — CONSULTANT shall provide Appraisal Maps (Right -of -Way Maps) in conformance with CALTRANS, District 8 guidelines and drafting standards to facilitate RNV acquisition. 1.3 Right -of -Way Acquisition — CONSULTANT will provide overall ROW coordination and management with the COMMISSION, CALTRANS, FHWA and the design -build CONTRACTOR (Phase 1) and assist with the development and implementation of the ROW program which will generally consist of the following services under the direction of the COMMISSION staff and General Counsel: • Full-time ROW Manager and dedicated key staff who will be responsible for the technical and administrative functions required to provide ROW on a project of this size and magnitude. The dedicated staff shall be sufficient to plan, organize, supervise, coordinate, and administer the various elements of the right-of-way scope of work, including contract and subcontract administration, preparing and monitoring schedule and budget, reporting, document control, federal and state audit requirements and project closeout. ROW Manager will direct, monitor, manage and oversee the efficient delivery and approval of all CALTRANS ROW requirements. Exhibit A A-g 45 • • • Develop and prepare of a comprehensive Right -of -Way Acquisition Plan which will encompass all phases of work necessary for the acquisition of right-of-way for the Project for Phase 1 and Phase 2. Provide ongoing general consultation and project coordination with the COMMISSION, CALTRANS, Project team members, ROW consultant team and other stakeholders. • Study and familiarize itself with the Project engineering design plans, right-of-way appraisal maps and legal descriptions. • As directed by the COMMISSION, attend meeting, make public presentations to individuals and organizations and represent the COMMISSION in presentations and public hearings on all matters pertaining to the acquisitions/relocation process. • Coordinate with federal and state oversight agencies such as CALTRANS and FHWA on applicable acquisition and relocation procedures and guidelines, including advance and early acquisition policies. • Prior to COMMISSION's receipt of the Record of Decision (ROD), CONSULTANT will generally focus on activities required to prepare for full -take acquisitions, advance acquisitions and early acquisitions. • Customize a project tracking database for acquisition and relocation activities, including monthly written status reports, project schedules and a synchronized GIS tracking system. • Secure Right of Entry Agreements, Licenses and/or Permits from affected property owners for purposes of performing hazardous waste, geotechnical, survey, utility pot holing, appraisal inspections or other necessary studies. • Prepare Right -of -Way Data Sheets and estimates of the probable right of way costs, as needed. • Secure preliminary title reports and/or litigation guaranties, determine title deficiencies, develop a plan to resolve and cure title deficiencies and remove liens and encumbrances for transfer free and clear title to the COMMISSION. • Obtain appraisal and review appraisal services for all properties and property interests required for the Project in Phase 1, including fee, dual and appraisal review, FF&E, goodwill and other types of valuation reports to determine the amount of just compensation in accordance with Uniform Standards of Professional Appraisal Practice (USPAP), the Uniform Appraisal Standards for Federal Land Acquisitions, and the relevant sections of federal, state and local regulations. Exhibit A A-10 46 • Perform internal review of appraisals prior to submitting them to Review Appraiser and CALTRANS for recommended estimate of just compensation. • Order Phase 1 Environmental Soil Assessment Reports and, if required, obtain Phase 2. • Provide property acquisition services required for the COMMISSION to acquire property for the Project. Work shall be performed in accordance with CALTRANS and the COMMISSION's policies and procedures and applicable federal, state and local regulations. • Prepare acquisition packages, including recommendation of amount of just compensation, offer letter packages, appraisal summary statements, agreements, deeds and recommendation of administrative settlements. Maintain a parcel negotiator's log (parcel diary) and transmit executed acquisition agreements for acceptance. • Develop and maintain an escrow schedule, deliver documents and checks to escrow companies, review all documents for submission and delivery to escrow companies, review Policies of Title Insurance, and identify adverse title conditions and encumbrances and coordinate escrow closings for action by the COMMISSION_ • Assist the COMMISSION with negotiation and management of railroad construction and maintenance agreements. • Provide bilingual acquisition and relocation agents, as needed. • Perform relocation services to assure that displaced individuals and businesses promptly receive relocation benefits consistent with Federal, State, and Local regulations, CALTRANS policies and procedures, and the COMMISSION's ROW policies and procedures. • Prepare a comprehensive business relocation planning document to identify high risk/high complexity business relocations. Meet with business ownership and/or operational representatives of each business to make a preliminary determination of loss of business goodwill exposure and determine the complexity of the business move issues. Facilitate risk/reward decision matrix to properly categorize each business move. • Perform property management services for all acquired properties: All work will be performed in accordance with the COMMISSION's ROW policies and procedures and Federal, State, and Local regulations. Services shall include hazardous materials testing and abatement, demolition, clearance and fencing, managing extensions of possession and rental contracts, and repairs and maintenance as needed. Exhibit A A-11 47 • • • Assist COMMISSION in achieving CALTRANS ROW Certification. • Assist with the development of procurement documents, participate in meetings with design -build proposers, and prepare addenda and clarifications during the procurement process. • If required, provide eminent domain support and expert testimony in any court or administrative proceedings, and assist as required in legal matters as directed by General Counsel, especially in the litigation of cases for or against the COMMISSION, including but not limited to gathering of documents and information. 1.4 Utilities — CONSULTANT shall coordinate with the COMMISSIOMs Environmental Consultant who is responsible for development of the utility conflict matrix. CONSULTANT utility coordination activities include, but are not limited, to the following: • Reviewing existing utility information, including identification of high- risk utilities (high pressure gas, high voltage, etc.) from the COMMISSION, CALTRANS, utility companies, and agencies that may be impacted by the Project. • Reviewing preliminary conflict maps containing all existing utility information to be used for final design. • Preparation of potholing plans performing the field verification and surveying at critical conflicts with existing utilities as shown on the utility conflict matrix. • Coordinating with COMMISSION Consultants, utility companies and other entities to determine the relocation, protection, and abandonment requirements of utilities required to accommodate the Project and to establish any right of way acquisition or easement requirements for utility relocations. Assisting the COMMISSION with the preparation and execution of agreements with utility companies. • Coordinating the relocation of any utilities that can done prior to the award of the design -build contract. • Preparing technical provisions for utility relocations in design -build contract, respond to CONTRACTOR questions and evaluate bids. • Reviewing all documentation and reconciliation of utility costs. • Inspection of early third party relocations that occur prior to the issuance of a NTP to the design -build CONTRACTOR. Exhibit A A-12 48 1.5 Design Support Activities The CONSULTANT shall organize and consolidate the Design Concept Drawings to be provided as part of the RFP documents:. The basis for the Design Concept Drawings shall be the drawings provided by the COMMISSION's Environmental Consultant. The Phase 1 scope of work includes: 1.5.1 Roadway — Review of all available project data and information,. including project reports, plans, estimates, technical and planning studies cooperative agreements, environmental documentation and other project information as provided by COMMISSION, CALTRANS and other stakeholder agencies. • Engineering to support further definition and refinement of ROW lines to define ROW requirements for negotiated and eminent domain acquisition of Project ROW. • Prepare and submit encroachment permit applications for surveying, geotechnical investigations, and construction. These may include, but are not limited to City Encroachment Permits and Facility Relocation Permits. • Preliminary design as requested by the COMMISSION to support high risk project elements, such as utilities necessary to support the design -build delivery schedule. • Development of the RFP Technical Provisions • Evaluations of the CONTRACTOR submitted documents and provide technical selection recommendations. 1.5.2 Structures — preliminary or final design of long lead time Project elements, such as railroad bridges, necessary to support the design - build delivery schedule as requested by the COMMISSION • Preliminary viaduct layout and design to the extent required to provide definition to the design build contractor. Type Selection level of detail is not anticipated, Type Selection documents for up to four (4) additional bridges as approved by RCTC staff • RR Crossing Bridge Type Selection for up to five (5) bridges as approved by RCTC staff. • Development of the RFP Technical Provisions • Evaluations of the CONTRACTOR submitted documents and provide technical selection recommendations. Exhibit A A-13 49 • • 1.5.3 TMP and Traffic Technical Provisions — • Review TMP provided by others and make recommendations on possible enhancements • Development of the RFP Technical Provisions • Evaluations of the CONTRACTOR submitted documents and provide technical selection recommendations. 1.5.4 Environmental -incorporation of environmental requirements and approved mitigation commitments and plans into RFP and preparation of necessary environmental permits for execution by the COMMISSION. • The following permits shall be prepared: o Clean Water Act — Section 404 Permit o Clean Water Act — Section 401 Certification o Federal Endangered Species Act — Section 7 Incidental Take Permit (Biological Assessment prepared by PBQ&D/LSA to be used for this approval) o Califomia Department of Fish & Game — Section 1602 Streambed Alteration Agreement o Califomia Department of Fish & Game — Section 2080.1 Incidental Take Permit o Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) Consistency Analysis and Regional Conservation Authority (RCA) Concurrence • CONSULTANT may in Phase 2, at the direction of COMMISSION, assume responsibility for implementation of biological permit conditions in the field (e.g., habitat and/or waters/wetlands restoration, replacement or creation). The scope of such services will be specified as permits conditions. • Development of the RFP Technical Provisions • Evaluations of the CONTRACTOR submitted documents and provide technical selection recommendations. 1.5.5 Drainage — CONSULTANT shall review of all available project data and information, including project reports, plans, estimates, technical and planning studies for incorporation into the RFP documents. Exhibit A A-14 50 • Review drainage plans and reports from PANED • Identify areas for risk reduction • Development of the RFP Technical Provisions • Evaluations of the CONTRACTOR submitted documents and provide technical selection recommendations. 1.5.6 Geotechnical — CONSULTANT shall organize and consolidate the geotechnical information developed by the COMMISSION's Environmental Consultant to develop a Geotechnical Information Package that will be provided to the design -build contractors. The purpose of this Geotechnical Information Package is to provide data for the design -build contractors to prepare a competitive bid and minimize the contingency in the bid due to foundation unknowns and risk. The level of detail provided will be coordinated with the COMMISSION and CALTRANS. • Coordinate with the COMMISSION to provide additional geotechnical exploration and testing 1.5.7 Geotechnical Oversight — CONSULTANT shall review the geotechnical information developed by the COMMISSION's Environmental Consultant and provide risk recommendations to the COMMISSION. • Development of the RFP Technical Provisions • Evaluations of the CONTRACTOR submitted documents and provide technical selection recommendations. 1.5.8 Railroad Coordination — CONSULTANT shall coordinate with the applicable railroad entity to facilitate execution of the necessary railroad agreements. Develop RFP Technical Provisions • Evaluations of the CONTRACTOR submitted documents and provide technical selection recommendations. 1.5.9 ITS, Electrical and Highway Lighting — CONSULTANT shall coordinate with the COMMISION, CALTRANS, the Cities and OCTA to identify system needs and technology requirements for incorporation into the RFP • Development of the RFP Technical Provisions • Evaluations of the CONTRACTOR submitted documents and provide technical selection recommendations. Exhibit A A-15 51 • • • 1.5.10 Constructability Reviews — CONSULTANT shall review existing developed staging plans developed by the COMMISSION's Environmental Consultant and provide recommendations for incorporation into the final RFP documents. 1.5.11 Landscape and Aesthetics — CONSULTANT shall use the existing Master Plan for the corridor as the basis to develop guidance to the proposers in the RFP documents. • Development of the RFP Technical Provisions • Evaluations of the CONTRACTOR submitted documents and provide technical selection recommendations. CONSULTANT shall comply with all existing laws, regulations, policies; procedures, standards, practices and requirements of the COMMISSION, CALTRANS and other federal, state- and local regulatory agencies that govem the procurement, design and construction of the design -build project. C. Tolling and Operations 1.1 Toll management — This effort will support the COMMISSION's Team to analyze, develop and document strategies, policies, procedures, business rules, management rules, and technical requirements for the toll operations and facilities. The final result of this effort will be a comprehensive Operation Plan. This support effort will include: • Provide Infrastructure, Business, and Operating Systems Assessment; • Review of Analysis of Tolling Strategies and Toll Schemes; • Review of toll rate policy and procedures evaluated and developed to maintain the desired level of service in the express lanes, and maintain sufficient revenue for capital, operation, and maintenance costs; • Review maintenance and monitoring plan developed to document required activities and minimum levels of service, including incident management and intelligent transportation systems aspects and coordination. 1.2 Toll collection and systems — Review design concepts, specifications, and requirements initially developed and provided by the COMMISSION Team to implement toll collection, back office center operations, customer service center, and enforcement systems. The toll collection and enforcement system will be fully electronic and tolls will be calculated using variable or dynamic pricing. • Review evaluation of customer service expectations and requirements performed to determine the need for expanded locations and Exhibit A A-16 52 enhanced service centers. Support identification of toll tag standards and specifications.. • Support evaluation of the toll policing, administrative collections and judicial enforcement and collection requirements and development of an enforcement plan. • Work with existing toll operator as necessary to define a consistent/compatible toll operating system in support of COMMISSION's goals and objectives. 1.3 Implementation and procurement — Implementation and procurement services necessary to engage the existing toll operator to provide for all aspects of the toll collection system including management and technical support, implementation through procurement and award. • Participate in the preparation of toll system functional testing guidelines and procedures. • Support development of a toll system program management plan and incorporation into the overall Program Management Plan. • Contribute to an implementation and procurement plan developed for the toll collection system. 1.4 Design and specifications — Work with toll operator in providing for the implementation of toll collection system designs, specifications, and requirements, including the definition of scope to be performed by the toll operator, CONTRACTOR, or others. • Review and incorporate into the RFP necessary preliminary plans, specifications, and requirements for the toll collection system work required of the CONTRACTOR. • Review and incorporate into the RFP specifications, layouts and requirements developed for the implementation of a back office and customer service center. • Procure other services as necessary to support implementation of the toll systems procurement plan. D. Contracts and Procurement 1.1 RFP Development/Contracts — CONSULTANT shall assist in preparation of the design -build Request for Qualifications (RFQ) for review and approval by COMMISSION. CONSULTANT shall review COMMISSION policies and procedures and legal requirements. CONSULTANT will work with the Project Team, consisting of CONSULTANT, COMMISSION, CALTRANS, and COMMISSION's General Counsel and consultants to prepare the Exhibit A A-17 53 • • procurement, contractual, and technical documents for the design -build Request for Proposal (RFP) for review and approval by COMMISSION. The CONSULTANT shall assist the COMMISSION and work with Project Team to: • Develop a Request for Expression of Interest (RFEI) to solicit initial input and interest into the development and procurement of the Project. • Develop the Request for Qualifications (RFQ) using relevant Project information and data developed by the Project Team to secure a potential shortlist of qualified Proposers. The RFQ shall emphasize general RGTC philosophy and purpose for the Project, submittal requirement of the Proposer, selection process and procedure. • Develop the RFQ Evaluation Manual to be used as a guide for the final evaluation of the Proposer's submittals. • Assist the COMMISSION with the final evaluation of the RFQ submitted by potential Proposers. • Conduct an Industry Review of the draft RFP documents. • Assist the COMMISSION with the evaluation of the proposals submitted by the pre -qualified design -build firms. E. Project Controls 1.1 Project controls management — provide an overall project controls management and oversight that would include the implementation of an integrated system of budgeting (estimating), cost, scheduling and document control to plan, document and track project activities and progress. During the initial part of Phase 1, review the current Project cost estimate and provide comments, provide support to mobilize key staff; set up project control systems and procedures which include change management; review project.WBS, baseline budget and schedule; review the planned cash flow projection; and generate an agreed upon reporting format. Throughout the design phase, provide oversight to the process of cost and schedule change management, and implement a project controls system that will be web - based and reflect real time project status. 1.2 Planning and scheduling — establish a baseline master/project schedule for the Project that will be used to measure the performance of the project development and design -build activities; prepare technical specifications that define the schedule submission requirements for inclusion in the qualification and proposal documents; generate monthly schedule performance and variance reports identifying problem areas and recommended corrective actions for COMMISSION review and approval; Exhibit A A-18 54 and attend regularly scheduled progress meetings with the COMMISSION and CALTRANS. 1.3 Budgeting and cost control — establish and update the baseline Work Breakdown Structure (WBS) and baseline budget, develop a: planned cash flow projection, track and monitor actual project costs, process and track a cost trending system that will be used as the basis of the project cost forecast. Generate a monthly progress and cost report that will be submitted to the client, along with the monthly invoice that reflects the value of the progress earned. 1.4 Document management and control — work with RCTC and its consultants to develop or define a document control system for review and approval by the COMMISSION that provides the necessary systems, security, tools, training and procedures for real-time communication and collaboration with the Project team, COMMISSION, their consultants, CALTRANS and other stakeholders as necessary allowing for the generation, maintenance and storage of all project documents. The document management and control system shall include: • Compatibility with existing systems for the COMMISSION and CALTRANS and other stakeholders as required; • Detailed procedures and processes allowing for the effective use and implementation of the document management and control system, which shall include: correspondence control and distribution; drawing control; record retention and archiving; meeting agenda, minutes, and distribution; and procurement and contract administration document control; • Control, storage, and retrieval methods of both hard copies and electronic records, with handling of documents being developed (in progress), finalized documents (i.e. contract documents), and documents representing as -built conditions; System with a setup and file tracking system to allow Project personnel and users ready access to all documents stored in specific locations; • Ability to transfer the appropriate documents to the appropriate parties in a format that is compatible with existing filing systems. CONSULTANT shall fumish COMMISSION, within three (3) business days after mailing or receipt, copies of all written correspondence between CONSULTANT and any party pertaining specifically to the Project. Drafts of any letters requiring COMMISSION review shall be submitted to the COMMISSION within three (3) business days prior to their planned date of issuance. Exhibit A A-19 55 • • • CONSULTANT shall be responsible for organizing, scheduling, and preparing all meeting agenda and information. CONSULTANT shall also record and distribute minutes to COMMISSION and all participants within three (3) business days after the meeting. 1.5 Estimating — CONSULTANT shall review the current Project cost estimate and budget, and prepare a new cost estimate and firm budget for the design - build Project, including the provision for contingencies and escalations and submit to the COMMISSION for approval. The cost estimate and budget will be updated quarterly as new information is developed, changes to the budget will be tracked as variances, and the COMMISSION notified on a prompt and regular basis. Any change or variance from the project budget will submitted to the COMMISSION for approval. CONSULTANT shall prepare and submit to COMMISSION for review and approval, a monthly progress report with their monthly invoice that indicates the work progress achieved by CONSULTANT during the period. The report shall summarize the actual work progress compared with the planned progress and will identify problem areas, provide evaluations, recommendations, and the process that CONSULTANT will follow to rectify the problem(s). The progress report shall be submitted with the monthly invoice and shall be required prior to payment of any invoiced amounts by COMMISSION. At a minimum, the monthly report should address the following specific areas: • Narrative discussing progress and status of work; • Graphical comparisons for actual progress vs. planned progress for physical (% complete) and performance (hours complete); and • Amendment summary history. A Project team/progress meeting between CONSULTANT, COMMISSION, and CALTRANS shall be held, at a minimum, monthly, to discuss Project status, schedule, potential problems, and other progress issues. CONSULTANT will establish the dates and times of these meetings. COMMISSION, CALTRANS or CONSULTANT may call project coordination meetings at any time that any party requires discussion of Project issues. CONSULTANT shall attend the monthly technical Project Steering Committee meeting that may be established to identify and resolve project issues, streamline local permitting processes, track project status, and resolve local coordination issues. The Steering Committee may consist of representatives from COMMISSION, CALTRANS, cities, and other local agencies. CONSULTANT shall provide an update of project status and respond to and address any questions and concerns of the Steering Committee. CONSULTANT shall also establish and provide a facilitator (chair) for an Aesthetics Committee, a sub -committee of the Steering Committee, that may be Exhibit A A-20 56 F. established and meet to address Project landscaping and aesthetic treatment issues. The Aesthetics Committee may consist of representatives from CONSULTANT, COMMISSION, CALTRANS, and local agencies. CONSULTANT shall prepare and submit to COMMISSION, an Aesthetics Plan which will contain the aesthetics concepts approved and adopted by the Aesthetics Committee for design -build contractors scope, including landscaping treatment, structure and wall treatments, and other recommended design aesthetic features. Construction Management 1.1 CONSULTANT shall perform constructability reviews during development of the Design Concept drawings to verify ROW limits, identify any adverse construction impacts; participate in development of the draft TMP, and coordinate with the PANED consultant to identify any environmental commitments that may adversely impact construction. The Construction Manager shall participate in the evaluation of any received bid alternatives and shall participate in the evaluation of the design -builder. Tasks include: • Construction ,planning and design support • Design -Build RFP development and review • Development of procedures, policies and manuals • Construction scheduling support • Construction Staging Plans support Deliverables: The following list of deliverables is required under the Project Management • Project Management Plan • Project Implementation Plan • Project Safety Plan • Project Quality Plan • Public Communication Plan (draft) • Insurance Certificates • Project Charter • Parenting Workshop Reports • Risk Analysis and Report • Agency Agreements Planning and Design • Type Selection Reports • Utility Agreements • RNV Acquisition Schedule • Business Relocation Plan Exhibit A A-21 57 Phase 1 scope of services: NTP + 91 days NTP + 91 days NTP + 91 days NTP + 91 days NTP + 30 (+ 91 days) Before NTP First Partnering Session Workshop Date + 14 days Workshop Date + 14 days Before D/B NTP Before Final RFP Release Upon Development Monthly NTP + 91 Days w/ updates • • Tolling and Operations • Tolling Systems Report Before Draft RFP Contract and Procurement • Letter of Interest 15 mo's < ROD • RFQ Evaluation Manual 15 mo's < ROD • Draft RFP 14 mo's < ROD • Final RFQ 14 mo's < ROD • Shortlist Recommendations 9 mo's < ROD • Final Selection Evaluation Manual 7 mo's < ROD • Final RFP 7 mo's < ROD • Award Recommendation @':ROD Project Controls • PCM Master Schedule and Budget NTP + 60 days • Program Master Schedule and Budget NTP + 6 mo's • Establish Report Formats NTP + 60 days • Project Status Reports Monthly • Invoice Monthly Exhibit A A_22 58 EXHIBIT "B" SCHEDULE OF SERVICES j Attached behind this page _ j Exhibit B 59 • • s'ts ttmlr,111AN • . . : . • • . „:„J - _.. .._... , ,s 'oe ' 2111Z-gi,=1"t i' g9 r''''g.-9 'gegeess ,2s;*,9-..r-";S-- 76- ii. • '4'4 .: '''1 1111,I11 1' ;;. 4 11tl1z '."1.;! ' ilill','' l!!til.il. tlil!i.Iigt.t''S ,li 1i1t;- ilsligIg"l5. PSi11gI'i — I"ll!2ll;„ 7 ''''''."488,41piiP3itPilf5#sYg'tifii?1°Es5"5-' ;1I' . ' 4 1 , 1, !,.., I t I II ill 44 s f , 4 1 1 1 1 igl t 1§111 Iiiivti till! ..4,1!14Iftti ,:t!!-1:!!!! • • EXHIBIT "C" PART 1 COMPENSATION AND PAYMENT For the satisfactory performance and completion of the Services under this Agreement, the Commission will pay the Consultant compensation as set forth herein. 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 Consultant's personnel directly engaged in performance of the Services under the Agreement. (The range of hourly rates paid to the Consultant's personnel appears in Section 2 below.) 1.1.2 MULTIPLIER" The Office and (Field) Multipliers to be applied to the Direct Salary Costs to determine the Direct Labor Costs are 2.5252 and (2.2253) respectively, and are the sum of the following components: 1.1.2.1 Direct Salary Costs 1.1.2.2 Payroll Additives 1.00 0.6502 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. Exhibit C-1 61 • 1.1.2.3 Overhead Costs 0.8750 and (0.5751) The decimal ratio of allowable Overhead Costs to the Consultant 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. 1.1.2.4 Multiplier, 2.5252 and (2.2253) (sum of 1.1.2.1, 1.1.2.2, and 1.1.2.3) " The Payroll Additives and Overhead Costs, as those terms are defined above, shall be adjusted annually to equal Consultant's audited overhead costs for the preceding year. The adjustment shall occur when Consultant has published its audited overhead rate and shall apply to Direct Salary Cost, as defined above, incurred thereafter until the rate for the following year is available upon completion of an independent audit of Consultant's indirect cost rate. 1.2 FIXED FEE. 1.2.1 The Fixed Fee is the Consultant's and Consultant's subconsultants' profit. The Maximum Fixed Fee under this Agreement is Two Million Three Hundred Fifty One Thousand Four Hundred Twenty Seven Dollars ($2,351,427.00). 1.2.2 A portion of the Fixed Fee shall be paid on a pro -rated basis, in proportion to the monthly invoiced Direct Labor Costs and the total Direct Labor Cost compensation, as part of each monthly billing. 1.2.3 The Fixed Fee may be adjusted upon written approval of the Commission's Executive Director, as further set forth in Section 6. 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: Exhibit C-2 62 ITEM REIMBURSEMENT RATE Per Diem Car mileage Rental Car Travel Photocopies (Black & White) Photocopies (Color) Photographs/ other reprographic Services Postage/Shipping Courier Service Other Rentals, supplies, purchases Actual Cost 0.55 or current IRS rate Actual Cost Actual Cost Actual Cost Actual Cost Actual Cost Actual Cost Actual Cost Actual Cost Travel by air and travel in excess of 100 miles from the Consultant's office nearest to the Commission's office must have the Commission's prior written approval to be reimbursed under this Agreement. 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 Consultant's adjustments to individual compensation. The Consultant shall notify the Commission 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 Senior Program Director Construction Director Principal Project Manager Project Engineer Sr. Project Planner Sr. Supervising Engineer Exhibit C-3 63 $67.55 - $148.19/hour $53.89 - $97.02/hour $53.89 - $97.02/hour $34.62 - $60.58 /hour $42.26 - $76.06 /hour $42.26 - $76.06/hour • • Principal Project Engineer Principal Engineer Sr. Engineer Principal Designer Engineering Manager Principal Project Controls Manager Document Control Supervisor Lead Technical Writer/Editor Sr. Administrative Assistant $42-.26 - $76.06/hour $34.62 '$60.58/hour $30.05 - $52.60/hour $30.05 - $52.60/hour $47.07-.$97.02/hour $47.07 - $102.74/hour $30.05-'$52.60/hour $25.19 - $44.09/hour $19.23 - $33.65/hour 2.3 The above rates are for the Consultant only. All rates for subconsultants to the Consultant will be in accordance with the Consultant's cost proposal: 3. INVOICING. 3.1 Each month the Consultant shall submit an invoice for Services performed during the preceding month. The original invoice shall be submitted to the Commission's Executive Director with two (2) copies to the Commission's Project Coordinator. 3.2 Charges shall be billed in accordance with the terms and rates included herein, unless otherwise agreed in writing by the Commission's Representative. 3.3 Base 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 Consultant under this Agreement shall be listed separately on an attachment to the invoice. 3.4 A charge of $1,000 or more for any one item of Additional Direct Costs shall be accompanied by substantiating documentation satisfactory to the Commission such as invoices, telephone logs, etc. Consultant shall maintain files and documentation, for auditing purposes, substantiating all Additional Direct Costs charged to the Commission. 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 Each invoice shall indicate payments to DBE subconsultants or supplies by dollar amount and as a percentage of the total invoice. 3.7 Each invoice shall include a certification signed by the Consultant's Representative or an officer of the firm which reads as follows: Exhibit C-4 64 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 The Commission shall pay the Consultant within four to six weeks after receipt by the Commission of an original invoice. Should the Commission 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 Consultant has executed a Release and Certificate of Final Payment. 5. SAVINGS BONUS 5.1 Definitions 5.1.1 "Savings Bonus" shall mean compensation to be provided to Consultant, in addition to any other compensation under this Agreement, for Actual Savings realized by the Commission, in an amount not to exceed $2,000,000. 5.1.3 "Actual Cost" shall mean the actual cost of providing the Services, as determined at completion of Phase 1, less Other Direct Costs. The Actual Cost shall be calculated following submission of the final invoice for Phase 1 by Consultant and final acceptance of the Phase 1 Services by Commission. 5.1.4 "Actual Savings" shall mean the savings achieved by Consultant as determined at completion of Phase 1 based on the Metrics. 5.1.5 "Metrics" shall mean the set of metrics to be mutually established and agreed upon by the Parties within ninety (90) days of the effective date of this Agreement to be used in determining the Actual Savings. The Metrics, if established as set forth herein and approved in writing by the Commission's Executive Director, shall be incorporated into the terms of this Section 5.1.5 as though fully set forth herein. 5.2 The Commission desires to encourage and reward Consultant for Project delivery that is of excellent quality and also timely, efficient and economical. In addition to any other compensation provided for in the Agreement, Consultant shall be entitled to Exhibit C-5 65 • • a Savings Bonus equal to twenty percent (20%) of Actual Savings realized by the Commission, up to the not to exceed amount of $2,000,000. If the Parties are unable to successfully establish the Metrics, the Parties agree that Consultant shall not be entitled to any Savings Bonus. if the Metrics are adopted, the Commission may adjust this Saving Bonus program, pursuant to a written amendment, as required to equitably account for changes in work assigned to the Consultant. The Consultant acknowledges that it is under a pre-existing legal obligation to deliver the Project at the lowest cost to the Commission. The Saving Bonus is being offered as an incentive to Consultant. Any dispute arising out of the administration, calculation or meaning of this Section 5 shall be resolved at the sole discretion of the Executive Director. The exclusive remedy for any claim under this Section 5 shall be a written appeal to the Commission, and such claim shall not be subject to litigation or any other remedy either at law or in equity. 6. VARIABLE FEE INCENTIVE 6.1 The Fixed Fee, as described in Section 1.2, may be adjusted by the Commission's Executive Director on a semi-annual basis during the term of this Agreement based on an evaluation of Consultant's performance of the Services during the preceding six (6) month period (the "Evaluation"). 6.2 The Evaluation shall be conducted by a four (4) member Evaluation committee to be designated by the Commission (the "Committee"). The Committee shall be comprised of Commission employees, consultants and/or other prime stakeholders in the Project. Committee members shall be selected based on their involvement with the Project, knowledge of the Services, experience, and objectivity, as determined by the Commission. The Commission shall provide thirty (30) days advance written notice to Consultant of the selected Committee members. Should Consultant have concerns regarding the selection of any Committee member, Consultant shall provide notice of the Consultant's concerns to the Commission's Representative within fifteen (15) days of receipt of Commission's notice. The Commission shall consider Consultant's concems and shall inform Consultant of its final decision related to composition of the Committee no less than five (5) days before the date the initial Evaluation meeting will be held. 6.3 Evaluation of Consultant's performance of the Services shall be based on a 5 point rating scale as follows: A score of 1 represents poor performance; A score of 2 represents below average performance; A score of 3 represents average performance; A score of 4 represents above average performance; A score of 5 represents exceptional performance. Exhibit C-6 66 6.4 The Committee members shall evaluate Consultant's performance of the Services based on the Evaluation criteria to be mutually established and agreed upon by the Parties, and approved in writing by the Commission's Executive Director, within ninety (90) days of the effective date of this Agreement (the "Criteria"). As part of the Criteria, the Parties shall also mutually establish and agree upon the appropriate fee adjustments to be made based on the Evaluation. If the Parties are unable to successfully establish the Criteria, including related fee adjustments, the Parties agree that Consultant and its subconsultants shall not be entitled to any fee adjustments, and the Fixed Fee set forth in Section 1.2 of this Agreement shall remain unadjusted. 6.5 Before the Committee commences scoring, Consultant shall present a self -assessment, based on the Criteria, to the Committee. Committee meetings shall be confidential. Committee members may discuss Consultant's performance of the Services prior to scoring, but each Committee member shall vote independently by private ballot. Following completion of the Committee's evaluation, Consultant shall be entitled to meet with the Committee to discuss the Committee's results. 6.6 Fee adjustments made as a result of the Evaluation, if any, shall apply to the subsequent six (6) month billing period commencing with the first invoice following the date the relevant Evaluation is complete. Fee adjustments shall apply to the Consultant and its subconsultants. 6.7 In order to prevent any actual or perceived conflicts of interest, Consultant and its subconsultants shall be prohibited from providing any "gifts" in excess of Fifty Dollars ($50), cumulatively, in any calendar year during the term of this Agreement to any Commission empbYee, or to any consultant of the Commission directly involved in the Project. As used in this Section, the term "gift" shall have the meaning ascribed to that term under the Political Reform Act, California Govemment Code section 82028. If this Section 6.7 is violated, Consultant and its subconsultants shall not be entitled to any performance based fee adjustment that results in an increase in the Fixed Fee for the Evaluation period occurring after such violation is discovered. 7. EARLY COMPLETION INCENTIVE The Parties agree to negotiate, in good faith, the possibility of an early completion incentive that would apply to Phase 2 of the Project, if awarded to Consultant. This agreement to negotiate shall in no way bind the Commission to provide such incentive, and shall not entitle Consultant to rescind the option granted herein for Phase 2 Services. Exhibit C-7 --67 • • EXHIBIT "C" PART 2 APPROVED SUBCONSULTANTS AND APPROVED BILLING RATES Exhibit C-8 68 APPROVED SUBCONSULTANTS EXHIBIT C-Part 2 Finn Direct Salary Cost Salary Additives Overhead Multiplier Fee / Profit Rate Total Multiplier Arellano Associates 1.00 0 0.6 1.6 0.10 1.76 DG Construction Management 1.00 .41 .76 2.17 0.10 2.387 _ Group Delta Consultants, Inc 1.00 .30 1.8481 3.1481 0.10 3.46291 HDR, Inc 1.00 .4909 1.1860 2.6769 0.10 2.94459 Overland, Pacific 8i Cutler, Inc 1.00 .409 1.046 2.455 0.00 2.7005 Padilla & Associates, Inc 1.00 .8122 .8252 2.6374 0.10 2.9011 Psomas 140 .48 1.43 2.91 0.10 3.20 Southstar Engineering and Consulting, Inc 1.00 0 1.08 2.08 0.10 2.28 _ TEC Management Consultants, Inc 1.00 .33 1.59 2.92 0.10 3.212 Tom Warne and Associates 1.00 0 0 1 0 1" ' Total billable rate as shown in the following table ($300 / hour Sub -Consultant Reimbursable Other Direct Cost ITEM Per Diem Car mileage Travel Photocopies Blueline LD Telephone Fax Computer Charges Photographs REIMBURSEMENT RATE $ Actual IRS Rate $ actual IRS rate for date traveled $ Actual Cost $ 0.10/copy $ 1.10/sheet $ included in burdened rate $ included in burdened rate $ included in burdened rate $ included in burdened rate Other Direct Cost Permitted under the FAR and not listed above are reimbursed at Cost ARRELLANO ASSOCIATES POSITION OR CLASSIFICATION Outreach Principal -in -Charge Outreach Project Director Outreach Project Manager Outreach Project Coordinator Outreach Project Support Exhibit C-9 69 RANGE OF HOURLY RATES $115.00 - $150.00/hour $100.00 - $135.00/hour $80.00 - $120.00/hour $55.00 - $85.00/hour $35.00 - $60.00/hour • Project Support Administrative DG CONSTRUCTION MANAGEMENT. POSITION OR CLASSIFICATION Principal GROUP DELTA CONSULTANTS INC. POSITION OR CLASSIFICATION Principal Engineer Associate Senior Engineer/Geologist Project Engineer/Geologist Staff Engineer/Geologist Senior Technician Senior Technician (Prevailing Wage) CARD Support HDR INC POSITION OR CLASSIFICATION Principal Senior Project Manager Senior Project Manager/Planning Project Manager Project Manager/Planning Contracts Manager Project Manager/Design Field Manager Program Management Project Manager/ROW Project Manager/Alt Delivery Senior Design Engineer/Tolling Design Engineer/ROW Engineer/Rail Engineer/ROW Procurement Analysts Engineer/Rail Senior Project Engineer Tolling Specialists Economist 3 CADD/Senior Designer Economist 2 Project Coordinator Administration Economist 1 ROW Specialists Exhibit C-10 70 $20.00 - $35 00/hour $10.00 $25.00/hour RANGE OF HOURLY RATES $79.33 - $81.73/hour RANGE OF HOURLY RATES $84.13 - $ 52 00 - $44.71 - $35.58 - $28.85 - $27.50 - $36.06 - $28.85 - $14.00 - RANGE OF $106.00 $101.00 $1 $93.00 $84.00 $ 80.00 $ 79.00 $ 79.00 $ 74.00 $73.00 $64.00 $61.00 $51.00 $50.00 - $49.00 $63.00 $50.00 - $61.00 $57.00 $55.00 $41.00 $38.00 $34.00 $33.00 $30.00 $ 30.00 $94.09/hour $59.42/hour $46.05/hour $41.10/hour $36.15/hour $33.99/hour $37.14/hour $29.71 /hour $27.73/hour HOURLY RATES - $116.00/hour - $111.00/hour 00.00 - $1 10.00/hour - $103,00/hour - $94.00/hour - $94.00/hour - $89.00/hour - $89.00/hour $84.00/hour - $83.00/hour - $74.00/hour - $71.00/hour - $61.00/hour $60.00/hour - $59.00/hour - $93.00/hour $60.00/hour - $71.00/hour - $90.00/hour - $65.00/hour - $51.00/hour - $48.00/hour - $44.00/hour - $43.00/hour - $40.00/hour - $40.00/hour Technician Design Engineer OVERLAND, PACIFIC & CUTLER, INC POSITION OR CLASSIFICATION Principal Principal Consultant/Director Senior Project Manager Project Manager Sr. Consultant Analyst Consultant Technician/Project Support Secretarial/Clerical PADILLA & ASSOCIATES POSITION OR CLASSIFICATION $30.00 - $40.00/hour $26.00 $36.00/hour RANGE OF HOURLY RATES $68.93 - $76.65/hour $47.04 - $89.53/hour $39.66 - $51.50/hour $29.72 - $44,67/hour $27.48 - $38.68/hour $23.53 - $42.23/hour $17.83 - $27.63/hour $15.85 - $32.961hour $14.42 $24.49/hour RANGE OF HOURLY RATES Labor Compliance PM/Administrator Sr. Compliance Officer/Deputy PM Sr. Compliance Analyst PSOMAS $91.92 - $94.68/hour $39.73 - $52.05/hour $36.71 - $39.72/hour POSITION OR CLASSIFICATION RANGE OF HOURLY RATES Project Manager/Technical Manager Sr. Project Surveyor/Sr. GIS Specialist Project Surveyors/GIS Specialist Staff Surveyors Survey Tech/CADD Tech Project Administrator One-man Survey Party Two -man Survey Party Three-man Survey Party Field Supervisor $70.29 - $85.91 /hour $49.98 - $70.29/hour $40.61 - $49.98/hour $28.12 - $40.61 /hour $28.12 - $40.61 /hour $23.43 - $28.12/hour $51.55 - $54.67/hour $75.60 - $79.66/hour $104.65 - $109.34/hour $39.05 - $42.17/hour SOUTHSTAR ENGINEERING AND CONSULTING, INC. POSITION OR CLASSIFICATION Utility Manager Agency Coordination Manager Senior Engineer Wet Utility Lead/Estimator Utility Inspector/Field Inspector Utility Coordinator Administrator Exhibit C-11 71 RANGE OF HOURLY RATES $87.41 - $91.78/hour $83.04 - $91.78/hour $65.56 - $78.67/hour $63.37 - $67.74/hour $43.71 - $65.56/hour $34.97 - $61.19/hour $19.67 - $30.59/hour • • TEC MANAGEMENT CONSULTANTS, INC. POSITION OR CLASSIFICATION Senior Utility Engineer CADD Inspector TOM WARNE & ASSOCIATES POSITION OR CLASSIFICATION Partnering Facilitator Exhibit C-l2 72 RANGE OF HOURLY RATES $50.00 - $75.00/hour $45.00 - $65.00/hour $50.00 - $65.00/hour RANGE OF HOURLY RATES $300 / hour EXHIBIT "C" PART 3 BASELINE BUDGET SPREADSHEETS ATTACHED Exhibit C-13 73 • 41illent No.09.31.081.00 Parson.CM Services Parsons HDR OPC Psomas Arellano Group Southstar Delta TEC Padilla Tom. Warne DG Const: Mgt Total Project Management 1.1 Project Management $1,517,939 $ $1,517,939 1.2 Safety $65,564 _ $65,564 1.3 CIA/QC $112,737 $112,737 1.4 Insurance/Risk Management $65,967 $65,967 1.5 Toll Financing $128,010 $128,010 1.6 Labor/DBE Compliance $126,162 $126,162 1.7 Claims Support $ $31,207 $31,207 1.8 Agency Coordination ---- - --- $133-��-,442 $133,442 1.9 Partnering 538,453 $40,763 $38,453 $117,668 1.10 Process Improvement $109,864 _, $109,864 1.11 Public Outreach _ 5394,604 $394,604 1.12 Cost Risk Assessment $86,540 $116,950 $203,490 1.13 Project Labor Agreements 530,138 r $30,1313 1.14 Policies, Plans & Procedures $298,819 $298,819 all311B3 & Design 1.1 Planning & Design Management 5775,952 $775,952 1.2 Survey/ROW Engineering $2,593,521 $2,593,521 1.3 ROW Acquisition • OPC $5,501,478 $5,501,478 1.4 Utilities $505,771, $719,143 $1,224,914 1.5.1 Roadway $1,004,066 $1,004,066 1.5.2 Structures $2,571,455 $2,571,455 1.5.3 Traffic and TMP $235,188 $235,188 1.5.4 Environmental $192,785 $192,785 1.5.5 Drainage $142,450 $142,450 1.5.6 Geotechinical $1,130,347 $1,130,347 1.5.7 Geotechnical Oversight $106,903 $106,903 1.5,8�Design/RR Coordination $879,972 $g7g 1.5.9 ITS, Electrical, Lighting 5247,362 -' _ - .. $247,362 1.5,10 ConstructabilityReviews _ $64,473 ,,47g72 $84 1.5.11 Landscape and Aesthetics $227,776 $227 775 Tolling Operations $945,963 _ _...._ 5945,963 Contracts & Procurement $663,241 $687,311 51,350,551 Protect Controls 52,824,948 __.h. $ $ubTotal- Labor -OH -Fee $11,768,578 $2,838,512 $5,501,478 $2,593,521 $394,604 $723,685 $1,130,347 $719,143 $126,162 $38,453 $31,207 ODC's $411,350 $977,524 $4,739,650 $300,000 $72,119 $551,343. $249,050 $10,800 $5,030 $20,020 $430, $7,337,316 ODC's (OfficeNehlclesi $1,549,282 $1,549,282 iSub Total $13,729,230 $3,816,036 $10,241,128 52,893,521 $466,723 $1,275,028 $1,379,397 $729,943 $131,192 $58,473 $31,637 $34,752,286 Sub Mark -Up $133,561 $409,645 $101,273 $16,335 $44,626 $48,279 $25,548 $4592 $2,047 $1,107 $787,013 _ Contract VakebyFirm _ $14,516,223$3,816,036 $10,241,128 $2,893,521 $466,723 $1,275,028 $1,379,397 $729,943 $131,1921 $58,473 $31,637 $35,539,299 74 • • 9961WIS dWl Pue zWeul E'S'T — S0616115 OS OS✓ ZS SS4'LLS1$ Et/'SUS _ - - _69_L'£EZS L99'LTTS 902.64T$ 92'E9$ 26494$ _ 9819$ SS185 --- OZLZ _ 4aa100V7 •- 081E 0004 8094 Jau81sa0 •q - OWSSZS OE6'E095 iaaal'- 3 •uS -- peak au�3nsl0 swnlonul$ Z'S'T 9ST'OZO't$ OS 220'91$ 990'900'1$ �6[216$ 9Tf't5S$ tL4'19£$ I 26'99$ 08ZZ 8L6'90t$ .leuonO J _ .—._..... ____ - .. 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E06'90T$ ete6S 669'85$ 1989'8ES 994'3E5 LZ'TLS Ob5 +a9euesy 001000 +anp leo!uyoalaa0 L'S'i OS 1056'ZT$ nujyoasoao 9'5'1 SZS'LST$ 0$. 510'5T5 05 IMS LTY8LS MISS ELL$ SL'SZ$ OE ulwpy 86Z15 92'EPS OE On °ay) LEE'£s 8o'L£$ 06 +aultpa0 949'95 Z6'99$ OBT +94490 v5 S64`ZTS OS'65$ OTZ +sake u3'+S OES'9T$ 00'855 59Z peal eusdloal0 _,_ ___ SOb'8$ 04'2Bt at +ora+l0 aleule+p _ _ —_ _ a8ewe+ 0 S'S'L SST 00Z5 - 0$ 009'1$ TBC Z6T$ _ 925'Ll$ SS9'SOT$ bOb'69$ _— _..._ ._____. _.. 458'TS SE'9b$ 04 +auueld uounu3'+S _______ � 94E'68$ 98'E9$ p94 hSeuely uauu3'+5 9LE'BE$ 9L'98$ OM?+a8euely � uonnu3 lsdpupd 4--- jetuawuo+lnu3 9'S't___ 8SSIPZ$ O$ OLE% 98t'SEZ$ T8E'TZS BET'6ZT$ 699'99$ � __._. .. - EZZ'91$ 150'9£$ OSb +am 4'+al —~ _ E94'45 ''Os665$ SL +auPisaa-g 486'£9$ �I ZL'9L$ 9£8 --- ia8euelei-L3 nye4 -- --- savuas•S suos+ed 00-T80-If-ED .011111111a+8y Agreement No. 09-31-081-00 Parsons SR91 PCM Services Proiect,Manaaemg% Mileage Plane Tickets Hotel Meals Tolls and Parking_ Relocation Rental Car Space Rental Express Mail Other Technology Repro (81/2 x 11) Repro (11 x 17) planning & Design _ $0.55 per mile $800.00 per trip $250.00 per night 23 11 10 $35.00 per day 15 16 _ _ 14 $10.00 per day 15 16 14 $15,000.00 each 1 0 0 560.00 per day 29 16 14 $800.00 per day 0 0 0 $120.00 per month 0 0 0 $80.00'per day 0 0 0 $3.70 per hour 0 0 0 50.10 per copy 0 0 0 50.20 •ercopy 0' 0 0 534,485 $4,430 $7,170 _ Parsons ODC Summary_ 1.1 1.2 1.3 1.4 1.5 1.9 1.10 1.12 __1.13 10400 0 0 0' 0 0 0 0' 7 0 4 3 5 7 7 4 6 57 7 14 14 18 10 14 10 14 a D 10 4 0 0 0 0 0 $4,530 0 0 0 0 0 0 $6,300 14 0 0 14 17 0 14 18 0 3 6 6 6 0 1.14 10' 40 50 50 0 50' Total 14 0 Mileage $0.55 per mile Plane Tickets $500.00 per trip Hotel _ $150.00 per night Meals $50.00 per day Tolls and Parking $10.00per day Relocation Rental Car Space Rental Express Mail Other 1.1 12000 $0.55 7 5250.00 15 $150.00 1.5.1 t 1.5.2 2615i 3000 151 18 30 36 20 $50.00 48 150 $10.00 100 $15,000.00 each 0 $150.00 per trip 10 $800.00 per day 0 Technology Repro (81/2 x 11) Repro (11 x 17) Mileage __ Plane Tickets Hotel Meals Tolls and Parking Relocation Rental Car Space Rental_ Express Mail Other Technology Repro (81/2 x 11) Repro (11 x 17) $15,000.00 0 $200.00 15 15.3 11581 0 0 $20,020 1.5.4 0 0 0 0 0 0 0 D 0 0 0 0 0 0 $20,020 0 0 $8,177 54,530 0 0 $23,250 13000 1.5.5 20000 0 0 0 0 0 15 72 150 0 0 30 Oi 25 32.5 1.5.7 2500 7 16 26 $0.55 $800.00 $200.00 $132,912 1.5.9 1.5.11 $50.00 1800 $0.55 7000 2 $600.00 12 6 $150.00 36 10 $55.00 54 68 $10.00 0 $10.00 0 0 0 0 24 0'�. 0 - 0 $800.00 0 $120.00 per month 0 0 $80.001per day $120.00 0 $3.70 per hour $0.10 per copy $0.20 per copy 0 0 0 $16,350 $0.5$ per mile $0.55 $800.00 per trip $800.00 5250.00 per nl; ht $250.001 $35.00 •er day $55.00' $10.00 per day $10.00. $80.001y,__, 0 53.70 0 $0.10 0 50.20 a $16,088 0 0 01 0 535,000.00 0 $15,000.00 100 9 $200.00 5 $200.00 0 0 0 0 0 0 0 0 0 0� 0 0 0 0 0 0 18 $800.00 0 $800.00 __ 0 5120.00 0 $120.00 24 $80.00 0 0; 0 0 0 $21,450 0 $6,370 0 0 0 0 $80.00 0 53.7010 53.70 _ 0 $0.10 0 $0.10 0 $0$0-20 0 $0.20 0 $7,400 $15,075 $10,600 $5,290I $26,900 Contracts & Prolect o a Pro _ r �n _r r - a. 4 Canaan CM t tM to 2400 0 2400 6000 6t 2 19 4 4 515,000.00 each $15,000.00' $60.00 per day 560.00 13 76 26 14 95 26 0 95 24 1 14 $800.00 per day_ $800.00 _ _ 0 51200003er month $120.00 $80.00 per day $80.00 53.70 per hour 53.70 6900 $0.10 per copy $0.10 50.20 per copy $0.20 0 0 20000 5000 $51,310 0 2 47 _ 0 0 0 0 0 8 0 12 0 12 300 a o $125,523 12 0 0 0 0 0 0 F D 0 0 0 0 $41,295 $44,250 $9,760', $6,300 $152,915 $411,349 • • 8L • T95'E£t$ H7FilalW 90S 9£O'9t9'£$ 9Bt'smS SEE'ZOE$ ZTS'8E8Y5 LDO'BSZS SSO'OZO'ZS 59E'09E'tS 899'TT illkPO 05911915 OS OOt't$ 455-'L9t5 E£Z'St$ OZIA6$ Z06'95$ Z06'95S t6'8a$ Oe9 s9euety uop3netsuo9 ;u5yaseueW do41NI;'1l•e _. 14LoOldsI 80L'SZD$ 0$ OZO'EZS BZL'ZObS It9'9£$ 896'6ZLS 691'9EtS 69L'9ETS BL'69S 0961 , 141ePuelS luawasn3ad E8T'L6Z$ OS 009'ZT5 £8S'►BZ$ TL9'SZS 99019tS 909'965 949'965 98'L85 OOtt to aH uepl S1.1e4u0J Wemalrooid 9 OVUM ►a 9EL'IS 99TUS$ SZ8'STZ$ E96'5065 L66'58$ tte'8ESS 55Z'TZES PSS'ETS LL'L9S 002 laaul8u3 u8lsa0 vs j 062'£SS 9916$ 08$ saaul8u3 uHlsea swateAS ____.. ._._._.-. _. _. 9LS'►ETS EV01715 Ob£t laiul u31p aid 'AS DEB'6ttS 9980t5 OOtt +a ueey suoltetadp+B tumol I a_ _ t3pa4pale pue ade3spuej ti'S't OS melee euupepn4suoJ 0t'S't 81414111 lelimel3 '511 6'S't ZZE'6665 000'001$ (NEVI ZL6'6L8S L66'6LS 89E150S 929'1.0ES i SOt'Ot$ ISOt'OIS 4195$ 09T now u3 •ice _506'9tS ZO4'SE4$ tS'LEES TZS'LEE$ 6998S ONE Peal aulpppo _ uopeulpsoop 8efultpafil-99 t O$ 1484Jano le3lu43etoe9 L'51 OS 1e31u143e1009 9'S't I- + 39eulei0 5651 OS lquawualw3 4'S'i 0$_ _- dWl pue 2904 E'S'I 0$ satnpn4S Z'S't OS Aunpeoy t'S't 0$ seI1111t0 D'I OS 3d0 • u0111591b3y MON E't _L_ _ ... ._ Hup eaullu3 M08/euesn5 Z'T OS lueueuSeueey ut9sa0 es Huluueld t't d OS sainpopme R thew •samee 41"1 OS_ t etuawaaav 1o4e1IPPIeue Et EL£'LLIS �- OS -I-__ EitrOt$ 056'9SI$ •ZE9'Ot5 tOB'99S - LtL'6E$ --_ ___. ._ LEZ'£ZS 0919$ 9LE i._._ ,aPtelu3-4 __ 084'9IS O0795 00Z peal asly —.- _ luawssafty ON *sop ZI't OS 43ea4nO pl19nd TI't - Wawaecudup ssaaped OE'S £8L'09$ O$ OZ040Z5 E9L'04S 90L'E$ 'etZ'£Z$ E48'ET$ £►8'EtS 09'EZIS Ztt aepn3ax9 I tuuauUed 6'T 0$ ...._� uopeumeeop Apostle el UodOns swlei Ct OS ___ ---_.___ — - apue9ow0J3e0Pogel 9't O$ 8ulwew !-Ip1'S't O le, _ _-_. tuawateueee espy/aweinsw. ►'L 0$ JtweiD E't 05 _ 019Is5 tt luawaBeuelN Ualad Tt TOTO HBewm mph( 1e101_ mpuatt 1,700 1sop aad paxu HO loeles lel% Alele9 ale8 smaH • Aiewwn9 Ism) 80H • • project Management f $0.55 per mile per trip � _ 1.9 HDR OM Summary Mileage _ 1.12 Total. Oj ___ 7 0 1 Plane ilckets _ _ _ _� $800.00 H_atei 5250,00 ____ 5 _ ji __ _ _ ___ - .___ per night 7 18 Meals 535A0 per day 14 per day 14 22 23 Tolls and Parking $10.00 I- _ Relocation $15,000.00 each per day 0 0 Rental Car $60.00 $800.00 T 14 22 14 0. -___ _... _____ -I Space Rental per day Express Mall $120.00 per month 0 0 Other $80.00 per day _ per hour _ 0 0 0 ___ Technology $3.70 0 Repro (8 112 x 11) $0.10 per copy 0 0T- _ Repro(11 x17) $0.20 per copy 0 $20,020 _ 0 $10,423 -� �_ Planning & Design 530,443 Mileage 1.5.8 12000 _ --- $0.55 per mile Plane Tickets $800.00 per trip _ 8 Hotel $150.00 per night 15 Meals 550.00 per day 30 Tolls and Parking 525.00 per day 40 Relocation S15,000.00 each 0 Rental Car 5200.00 per trip 8 Space Rental $800.00 $120.00 per day 0 Express Mall per month 0 Other $80.00 per day 0 Technology $3.70 per hour 0 __ Repro (8 V2 x 11) $0.10 per copy 0 _ $19,350 Repro (11 x 17) $0.20 per copy 0 $19,350 Vendor -Roy KetrinV RR Agreement Mgr $100,000 $100,000 er mile TORIOg Contracts & 50.55 Contracts & PrOturemant ga 2000 ProcuremeM Ooerationg pa _ Mileage $0.55 2400 Plane Tickets 5800.00 per trip 5250.00 per night 58 $10.00 $800.00 2 _ Hotel 355 $10.00 $250.00 13 Meals $35.00 per day 355 520.00 $55.00 14 Tolls and Parking $10.00 per day _ 3.55, 1 $20.00 $1A:00 _ 24 1 _ _ Relocation $15,000.00 each $15,000.00 Rental Car $60.00 per day 355 $20.00 560.00 14 Space Rental $800.00 per day per month „_ $800...O-D-I' $120.001 0 Express Mail $120,00 ^ 0 Other 580.00 per day 355 S130.00 0 Technology $3.70 per hour $3.70 0 Repro le 1J2 x 11 50.10 per copy _ _ _ 00.10 0 _ _ Repro (11 x 17) $0.20 per copy $0.20 0 r $215,825 512,600 $23,020 $1,100 $252,545 Vendor-1D Stokes ;Teeny Procurement Vendor - Robert Kettle IT Systems $287,37$ $575,186 $205147 _ $977,524 Vendor -lock Hartman Orations alnfi t ,Tot Total Vendors 1 I $575,186 • • • --_.------._.._..--._--- OPCCost Summary — _ Hours j Rate T Salary Total Salary --.. OH I Fixed Fee i Cost ODC's Vendor __.... Total Project Management — 1.1 Project Management _. ....... .. j _- _-._ S0 --.--___3_2 Safety - 1.3 QA/QCSO _ +-- 1.4 Insurance/Risk Management $0 1.5 Toil Financing -- _ $0 1.6 Labor/DBE Compliance $0 __ 1.7 Claims Support $p 1.8 Agency Coordination _ _ -- - 50 1.9 Partnering--- 30 1.10 Process Improvement $p - 1.11 1 Public Outreach --- $0 1.12 Cost Risk Assessment 1.13 Project Labor Agreements $0 1.14 Policies, Plans & Procedures $0, Plt+nnin & Design — 1.1 Planning & Design Management 50 1.2 Survey/ROW Engineering $0 1.3 ROW Acquisition • OPC Principal 1274 $76.63 $97,621, Sr Project Manager _ 6387 566.29' $423,394 Project Manager 6106 $58.00 5354,148 Sr Acquisition Consultant 6650 $47.65 $316,873 Acquisition Consultant 13814 $43.50 5600,909 Real Estate Tech 7235 $30.25 $218,859 _ _ $2,011,803 $2,............. $500,134 $5,501,478 50 $4,739,650 $10,241,128 1.4 Utilities -- ,989,540 $0 1.5.1 Roadway S0 1.5.2 Structures $0 1.5.3 Traffic and TMP $0 1.5.4 Environmental 50 1.5.5 Drainage 50 1.5.6 Geotechlnical -50 1.5.7 Geotechnical Oversight $p 1.5.8 Design/RR Coordination $0 - 1.5.9 ITS, Electrical, Lighting .... $0 _ 1.5.10 Constructability Reviews _ _ $0 1.5.11 Landscape and Aesthetics -_ - $0 Toiling Operations $0 Contracts & Procurement $0 pro ect control* 50 Construction Management $0 Sub Total 41,466 $2,011,803$2989,540 $500;13$5,51,478,$0 $4,739,650 - $10,241,128 Sub Mark -Up — —I $409,645 80 Prolect Management OPC OM Summary -- . —{ Total Mileage _ ______ Plane Tickets Hotel Meals Tolls and Parking Relocation _ $0.55 $500.00 per mile per trip per night $125.00 $50.00 $10.00 $15,000.00 per day per day each _ Rental Car $60.00 per day Space Rental 5800.00 per day Express Mail $120.00 per month per day Other $80.00 _ Technology $3.70 per hour Repro (8 1/2 x 11) $0.10 $0.20 per copy per copy _ $0 Repro (11 x 17) Planning & Design T --1.3 0 .. Mileage $0.55 per mile per trip Plane Tickets L $500.00 $125.00 0 0 Hotel Meals__ Tolls and Parking per night per day $50.00 0 01 $10.00 per day Relocation $15,000.00 each 0 Rental Car J $60.00 per trip 0 Space Rental I $800.00 per day 0 Express Mail 5120.00 per month 0 Other 580.00 per day 0 Technology $3.70 per hour 0 Repro (8 1/2 x 11) $0.10 per copy 0 Repro (11 x 17) $0.20per copy 0 _ JJ Title Servkes 50 $210,000 $0 Vendors $4,739,650 Phase l & it EA's $552,000 Appraisal Servkes $2,850,150 Property Maint $226,500 Demolition $876,000 Bilingual Services $25,000 1 $4,739,650 • • • • Psomas Cost Summary Hours Rate Salary • Total Salary OH Fixed Fee Cost ODC's Vendor _ Total __^ _.__ prolectertana'remit 1.1 __ ProjettManagement _._ _ ._.... .. -- SO __1.2 Safety_-- T "-- $0 1.3 QA/Qc - - -- 1 SO 1.4 Insurance/Risk Management 50 1.5 Toll Financing $0 1.6 labor/DBE Compliance $0 _— 1.71Claims Support $0 _ 1.8 Agency Coordination — _ 1.91Partnerng i -- _$0 $0 1.10 Process Improvement $0 1.11 Public Outreach $0 1.12 Cost Risk Assessment SO _ 2.13 Project Labor Agreements $D. 1.14 Policies, Plans &Procedures -- , — $0 Planning & Design 1.1_Planning & Design Management 50 1.2 Survey/ROw Engineering Party Chief (3 person crew) 880 $47.95 $42,194 Chainman (3 person crew) 880 $42.62 537,506 Chalnman (3 person crew) 880 $41.91: $36,881 Party Chief (2 person crew) 920 $47.95 $44,112 t Chalnman (2 person crew) 920 $42.62 $39,211 Supervisor 230 $46.53 $10,701 _Field Project Manager 976 $95.19 $92,902 OA/QC Oversight 920 $77.07 $70,9071 _ Project Surveyor 2776 $55.05 $152,824 - Survey Tech 3096 $44.40 $137,452 CADO Tech! 3148' $41.56 $130,816 Admin 580 $30.19 $17,510 _ _ _ $813,016 $1,544,730 $235,775 $2,593,521 $225,000 $75,000 $2,893,521 1,3 ROW Acquisition - OPC i $a 1.4 Utilities 50 13.1 Roadway $0 1.5.2 Structures $o 1.5.3 Traffic and TM $0 1.5A Environmental $0 1,5.5 Drainage _._._ - SO 1.5.6 Geotechinlcal $0 1.5.7 Geotechnical Oversight $0 1.5.8 Des' n/RR Coordination _ _ _ 1.5.9 ITS, Electrical, Lighting _ _ — SO 1.5.10 Constructabillty Reviews $0 1.5.11 Landscape and Aesthetics $0 Toiline Operations $0 Sonlo P u $p ptgjpst Controls ^$0 [onatruttipn Management ! I $0 $ub Total 16,206 $813,016 $1,544,730 $235,775 $2,593,521 $225,000i $75,000! $2,893,521 Sub Mark•uo 7 51o1,273 • 82 • • • 000'00s$ 0001a 08oam -- 000'000 tiannaa 7 sidPd i 000'51$ (Moo 05) sam500 auoi - - 000'00£$ 000'000 saaj Amang imolaa sasuadx3 2stw OS OS Adoo aad 02'0$ Adop aad OT'OS 0 (LT x TT) oadaa p (TT x Z/T 8) oudaa p ino4 iad OL'£S ASolompal p Aep aad 00'08S -la410 0 0Aep 41uow gad gad 00'0ZT$ Ileyy ssaadx3 00'008$ leluaa ands p dm.Jad 00'09S 00'000'STS aeDleluaa 0 4pea uollepolaa p Aep iad 00'03 Supped pue qui. p Aep _lad 00'OSS stem 0 148luJed dlJl aad allw iad 00'SZTS 00'005S 55 p$ IaloH p slaxoll aueld p _ ahem Zi uxlsaa T8 auluueld OS Ado»ad Ado* gad OZ'OS OT'0$ (Li x TT) oidaa (TT x Z/T 8) oadaa moo gad OL'£S Aeolompal Aep gad 00408S 00'0ZIS Ja410 vein( ssaadx3 41uow aad Aep gad 00'008S leluaa coeds Aep aad 00.09$ 1e' leluaa --- — - — 4Pea00'000'STS1.._...__. Aep iad Aep aad 00'OT$ - uolleoolaa .... Supped pue slloi sleet/4 IaloH 00'05$ 1481u gad 00'SZTS Oil aad 00'00SS slaves aueld - lelo1 allw aaLSS_OS - - Aaewwns ja0 .._aBeam sewosd luawabeueiN laalaa • • • _____ _ _ ___ AreIla no Cost Summary Prole anagement Hours Rate Salary 1,-Total Salary OH r Fixed Fee Cost ODC's Vendor Total 1.1 Project Management 1 $0 1.2 Safety $0 1-.37aA/QC _ __ ___ ___ I- _____ __ _____ _._ $0 1.4 Insurance/Risk Management $0 1.5 Toll Financing 50 1.6 ... Labor/DBE Compliance $0 1.7 Claims Support ._ __ ___ _ -- $0 1.8 Agency Coordination $0 _ 1:9 Partnering _ _ id 1.10 Process Improvement $0 1.11 Public Outreach ' ..___ Princi al 501 $128.75 $6,438 Project Director 64 $115.81/ $7,416 Project Manager 1269 $92.701 $117,636 Project Coordinator 1116 562,83 $70,118 Project Support 436 $46.35 $10,209 _ Admin 116 $20.60 52,390 $224,207 $134,524 $35,873 $394,604 $47,1191 525,000 5466,723 1.12 Cost Risk Assessment — i s-ii 1.13 Project Labor Agreements $0 1.14 Policies, Plans & Procedures Planning & Design 1.11 Planning & Design Management 1.2 Survey/ROW Engineering So 1.3 _ ROW Acquisition - OPC , 1.4 Utilities ____ 50 1.5.1 Roadway $0 1.5.2 - Structures 1 ]- $ 0$0 1.5.3 Traffic and TMP --- — 1.5,4 Environmental $0 1.5.5 Drainage .__ _ ___ $0 ___ 1.5.6 Geotechlnical $0 1.5.7 Geotechnical Oversight $0 1.5.8 Design/RR Coordination L $0 1.5.9 ITS, Electrical, Lighting ___ _ $0 1.5.10 Constructability Reviews $0 1.5.11 Landscape and Aesthetics -7— "i0 Tolling Migrations $0 Contracts & Procurement $0 Protect Controls $0 Construction Management $0 Sup Total 3,051 $224,207 $134,524 $35,873 $394,604 $47,119 $25,000 $466,723 lqg_aLial.f _I $16,335 8 4 • • 000'5Z$ 6TT'LV$ 000'SZ$ — olPaW maNftleM mpaan — .--- 000'SZ$ T Si 00'000'SZ$ laomn.y/9upuPd 00017$ 8 Supaaw gad 00'00S$ suopelsueu 000'V$ 9T l pe aad 00'052$ sluawasivanpy SZT$ T yeah gad 00'SZT$ Elea la»ed SL8'T$ 00SZ Ado3 aad SL•O$ saldoo Jolop 000'T$ 008$ 8 18 2upaaw aad 2upaaw aad 00'SZT$ leluaa dmb3 sallddnS 00'00T$ 00817$ VZ 'mow gad 00'00Z$ lySlai3/a8e;sod 006$ SL£$ VZ OSZT yluow aad OS'L£$ Ado3 Jad'0£'0$ auoydalal (LT x TT) adaa OSL$ OSL£ Ado3 aad OZ'0$ (TT x Z/T 8) oadaa molliad OL'£$ A9olouipal _0$ 0$ Aep aad 00'08$ Ja430 009$ 0$ VZ yluow aad 00'SZ$ 00'008$ IIeVV ssaadx3 _ hep aad leluaa a3edS 0$ hep aad 00'09$ JED leluaa 0$ 1-13ea 00'000'ST$ uope3ola8 VVT$ VZ Aep gad 00'9$ --- Supped pue sllol 0$ Aep aad 00'0S$ sleaNl 0$ 0$ OSL'Z$ !ODDS 1y2lu gad 00'SZT$ 00'005$ SS•0$ ...... IaloH slal3ll aueld abeam _. dul iad allw-tad lelol TT'T AiewwnS 000 ouellaJy luawaaeuew 13a1041 • • _ Southstar Cost. Summary Hours Rate Salary Total Salary OH , Fixed Fee Cost : ODC's I. Vendor Total Project Management 1.1 Project Management - 1 ----- --$0 1.2 Safety ---- .... `___. $0 1.3 QA/QC --- 1.4 Insurance/Risk Management I $0 _ 1.5 Toll Financing $0 1.6 Labor/DBE Compliance $0 __3.71CIaims Support sQ 1.8 Agency Coordination DisciplineLead 640 $91.13 $58,322 $58,322 562_988 $12431 $133,442 - $2,703 $0 $136,145 1,9 Partnering $o, 1.10 Process Improvement - $0 1.11 Public Outreach _ $0 1.12 Cost Risk Assessment _ $0 1.13 Project Labor Agreements 50 1.14 Policies, Plans & Procedures $0 Planning & Design 1.1 Planning & Design Management S0 1.2 Survey/ROW Engineering 1.3 ROW Acquisition -OPC —$0 1_4 Utilities _ Utility Manager 654 $68.02 $47,206 Utility Estimator 1642 $66.95 $109,932 Utility Specialist 684 $41.20 52$181 Inspector' 700 $51.05 $35,735 $221,054 $238,738 545,079 $505,771 56,000 $540,000 $1,051,7,7 1.5.1 Roadway - -- $D 1.5.2 Structures $0, 1.5.3 Traffic and TMP $0 1.5.4 Environmental 50 1.5,5 Drainage $0 1.5.6 Geotechinical $0 1.5,7 Geotechnical Oversight $0 S.S.B Design/RR Coordination_ _ $0 1.5.9 ITS, Electrical, Lighting 7 $0 1.5.10 Constructability Reviews Discipline Leadl 405 551.16 $36,920 $36,920 $7,679 $84,473 $2,640 $0 587,113 1.5.11 Landscape and Aesthetics _$39,873 $0 ToilingOoer tku $0 Contracts & Procurement $0 __ — _ Proiect Controls - -® 50 _ Qonstruction Management - $0 Sub Total 4,765 $316,296 $341,599 $65,790 $723,665 $11,343 $540,000 $1,275,028 Alb Mprk-uo $44,626 86 • • • sas'rss$ 000'OPS$ Ob9'8$ Ob9'Z$ 0 000'ots$ 000'9$ 0 0 0 0 sa/0y10d 009 Adoo aad OZ'0$ Adoeaad Ot'0$ mot( aad OL'£$ Aep aad 00'08$ 0 t(iuow Jed,00'OZT$ 0 S'L 0 D bZ Zt Aep aad dpi aad 00'008$ Ada laps - aopuan (LT x TT) oadau (TT x Z/T 8) adau ASoloupal aat(;0 Hew ssaadx3 00'00Z$ (pea Aep aad Aep aad 00'000'ST$ 00'SZ$ 00'05$ leivau weds aeD leivau uolle3olay Supped pue suol ly81u aad 00'05T$ dui aadi00'0SZ$ apw lad 55'0$ £OL'Z$ Ot'S't b't £OL'Z$ 9 wain! ►aloH nap!". aueld a8eall W uelsea +8 auluueld yiuow aad 00'0Z$ OS 005 0 0 9 yluow aad Adoo aad Adoo aad anot( aad Aep gad 00'09$ 5£'0$ SZ'0$ OL'£$ 00.08$ aeeis0d auoydalal (LT x TT) adau (TT x Z/T 8) adau ABoloupal yluow aad 00'5E$ 0 0 leiol OL 0 0 0 Aep aad 00'008$ Aep aad 00'09$ yea 00'000'ST$ Aepaad 00'Ot$ Aep aad 00'5£$ 3y81u aad 00'OSZ$ dui aad 00'008$ 000Z 8't ArewiunS 000 aelspnoS alp aad 55'0$ aay10 pelry ssaadx3 leivau peds aeD leivau uolle3olau Supped pue s1101 sleaW slap!' aueld aSeal! W wawaxeueyy l opm • • • Protect Management 1.1 Project Management 1.2 Safety -- 1.3 GA/GC _ 1.4 Insurance/Risk Management 1.5 Toll Financing 1.6 tabor/DBE Compliance 1.7 Claims Support 1.8 ency Coordination 1.9 Partnering Hours Rate Salary Total Salary Group Delta Cost Summary OH I Fixed Pee Cost I ODCs Vendor Total So 1.10 Process Improvement 1.111 Pu btic Outreach _ 1.12 Cost Risk Assessment 1.13 Project Labor greements 1.14 Policies, Plans & Procedures -- ?tannins & Design 1.1 Planning & Design Management 1.2_Survey/ROW Engineering 1.3 ROW Acquisition - OPC 1.4 Utilities_ 1.5.1 Roadway $0 $0 $0 $0 50 50 $o $o $0 $0 $o 50 So $0 1.5.2 Structures 1.5.3 Traffic and T_M_P 1.5.4 Environmental 1.5.5 Drainage 1,5.6 Geotechinical I $0 $0 $0 s0 $o So Principal 614 $78.20 $48,015 Senior 2249 $48.42 $108,897 Praect 1784 $42.86 $76,462 Staff 1092 $35.66 538,941 lab Tech 422 $34.03 $14,361 Drafting _ 790 _$32.72 525,849 Clerical 598 523.23 513,892 1.5.7 Geotechnical Oversight 1.5.8 Design/RR Coordination 1.5.9 ITS, Electrical, Lighting 1.5.10 Constructability Reviews 1.5.11 Landscape and Aesthetics Tolling Operations Contracts & Procurement proiect;ontrols Construction Management S Total ,Sub Mark -Up $326,415 $701,173 $102,759 $1,130,347! $0 5245,050 $1,379,397 $0 $0 $0 $0 $D 7,549, $326,415 $701,173 $SD2,759 So $o $1,130,347 $0 5249,050 $0 $0 51,379,397 $48,279 88 Proiect Management I Group Delta ODC Summary Total Mileage $0.55 per mile per trip per night Plane Tickets $800.00 $250.00 Hotel Meals $35.00 per day Tolls and Parking Relocation $10.00 per day $15,000.00 each Rental Car $60.001per day Space Rental $800.00 per day _ _ __ Express Mail Moo $80.00 per month per day Other Technology $3.70 per hour Repro (81/2 x 11) $0.25 $0.35 per copy Repro (11 x 17) per copy Telephone S60.00 per month Postage $20.00 per month Sa Planning & Design _ - 1.5.6 _ __ Mileage $0.55 per mile 0 Plane Tickets Hotel Meals __$250.00 S15o.o0 per trip per night 0 0 $50.00 per day 0 Tolls and Parking $25.00 per day 0 Relocation $15,000.00 each per trip D � Rental Car $200.00 0 Space Rental $800.00 per day 0 Express Mail Other Snow per month 0 $80.00 $3.70 per day 0' per hour 0 Technology Repro (81/2 x 11) $0.10 per copy 0: Repro (11x 17) $o.2o' per copy 0 $0 $0 $249,050 Vendor • Drilling _ 250 to 350/hour $82,375 CPTs $10 per foot $1800 per day --- $15,100 $29,150 Traffic Control Drum Disposal 5250 per drum $1Z,500 Geotech Testing $3,750 _ Chemical Testing _ $14,050 Field Vehicles $100per cloy $90,000 Mileage $5,125 Seismic Refraction $3,000 . i Data Search (EDFD SQ•D00 $249,050 h • • • • Proied Management - 1.1 Project Management Hours ! Rate Salary Total Salary - - -- --L. -' -- --- 1.2 Safety 1.3 QA/QC _ 1.4 Insurance/Risk_ Management 1.5 Toll Financing _ 1.6 Labor/DBE Compliance 1.7 Claims Support 1.8 Agency Coordination 1.9 Partnering TEC Cost Summary OH Fixed Fee Cost OOC's --Vendor Total $0 $0 $0 1.10 Process Improvement 1.11 Public Outreach 1.12 Cost Risk Assessment 1.13 Project Labor Agreements 1.14 Policies, Plans & Procedures Planning & Design 1.1 Planning & Design Management 1.2 Survey/ROW Engineering 1.3 ROW Acquisition - OPC 1.4 Utilities 1.5.1 Roadway 1.5.2 Structures $0 $0 $o Sr Utility Engineer+ 2262 $68.02 CADD Designer 784 $46.35 1.5.3 Traffic and TMP 1.5.4 Environmental 1.5,5 Drainage 1.5.6 Geotechinical 1.5.7 1.5.8 1.5.9 1.5.10 1.5.11 Inspector 660. $51.05 $153,861 $36, 338 $33,693 $223,893 G eotechni cal Oversight Design/RR Coordination ITS, Electrical, Lighting Construdabllity Reviews $0 $0 $0 5429,874 $65,377 $719,143 $10,800 $0$729,943 $0 $0 $0 $0 Landscape and Aesthetics $0 $0 $0 $0 $0 Tolling Operations Contracts & Procurement Proied Controlf Construction Manazemen( ;ub Total Suj? Mark-Uo 3,706 $223,893 $429,8741 $65,377 $719,143 I $0 $0 $0 $0 $0 $0 $729,943 $25,548 90 • 008'OT$ 008'0T$ (LT x TT) oJdaa 0 p p Adoo Jad Ad OD Jad or0$ OT'O$ (TT x Z/T 8) oJdaa Jnoy Jad OL'£$ noloupa' p hep Jad 00'08$ JaylO p yluow Jad 00'0ZT$ IIetN ssaJdx3 p Aep Jad 00'008$ leluaa ands tiZ 44Jad 00'00Z$ Je01e1uaa 0 yea 00'000'ST$ uolle3olaa OST Aep aad 00'0T$ Bulged pue silo' VZ Aep Jad 00'09$ sleaW N 1y81u Jad 00'OST$ Ia101-1 9 d1J1 Jad 00'0SZ$ slalpl' aueld p alp Jad Ss'0$ aSeami 05 VT uglsaa +8 Nuluueld r glum Jedr00'OZ$ a8elsod glum Jad 00'09$ auoydalal Ado3 Jad Ado3 Jad S£'0$ SZ'0$ (LT x TT) Mau (TT x Z/T 8) Mau Jnoy Jad OL'£$ ABoloupa' Aep Jad ylu= Jad 00'08$ Jay10 00'S£$ IIeW ssaJdx3 Aep Jad --- Aep Jad 00'008$ leluaa ands 00'09$ -. Je, leluaa pea 00'000'ST$ uop.e3olaa --- - Aep Jad 00'01$ Aep Jad 00'S£$ Bulged pue silo' sleaW - -- .. NSW Jad 00'0SZ$ laloH — -- 01 Jad --- aim Jadiss'0$ 100'008$ slapl' aueld - -- a8eallW Ie14' Da0 on luewtuns luawabeuew paloJd • • Padilla Cost Summary Hours Rate Salary Total Salary OH Fixed Fee Cost ODC's Vendor Total Project Management 1.1 Project Management 1.2 Safety $0 1.3 OA/QC 7 $0 1.4 Insurance/Risk Management $0 1.5 Toll Financing -" $0 1.6 Labor/DBE Compliance Pat Padilla 306 $94.68 $28,972 _ Miguel Cabral 300 $51.06 $15,318 — — L— Fred Leung 164 $38.02 $6,235 r $50,525 $64,167 $11,469 $126,162 $5,030 $0 $131,192 1.7 Claims Support $0 1.8 Agency Coordination $0 1.9 Partnering $0 1.10 Process Improvement - - $0 1.11 Public Outreach $0 1.12 Cost Risk Assessment $0 1.13 Project Labor Agreements $0 1.14 Policies, Plans & Procedures $0 Planning & Design 1.1 Planning & Design Management $0 1.2 Survey/ROW Engineering $0 — _ 1.3 ROW Acquisition - OPC $0 1.4 Utilities $0 1.5.1 Roadway $0 1.5.2 Structures $0 1.5.3 Traffic and TMP $0 1.5.4 Environmental $0 1.5.5 Drainage $O 1.5.6 Geotechi nicer $0 1.5.7 Geotechnlcal Oversight $0 1.5.8 Design/RR Coordination $0 1.5.9 ITS, Electrical, Lighting $0 $0 $0 1.5.10 Constructability Reviews 1.5.11 Landscape and Aesthetics Tolling Operations $0 Contracts & Procurement $0 Proiect Controls $0 $0 $131,192 Construction Management Sub Total 770 $50,525 $64,167 $11,469 $126,162 $5,030 $0 Sub Mark -Up i i $4,592 92 Proiect Management Padilla ODC Summary 1.6 Total _ Mileage $0.55 per mile 3600 $1,980 __ Plane Tickets $800.00 per trip $0 Hotel $250.00 per night per day $0 Meals $35.00 $0 Tolls and Parking $10.00 per day 72 $720 — _ Relocation $15,000.00 each $0 Rental Car _.. _ Space Rental $60.00 $800.00 per day $0 -- ______ per day $0 Express Mail $20.00 per month 24 $480 Other $80.00 per day $0 Technology $3.70 $0.20 per hour $0 Repro (8 1/2 x 11) per copy 1000 $200 Repro (11 x 17) $0.30 $37.50 per copy 500 24 24 $150 Telephone per month per month $900 $240 Postage $10.00 Supplies $0.50 per MH 720 $360 $5,030 $5,030 Planning & Design Mileage $0.55 per mile Plane Tickets $250.00 per trip Hotel $150.00 per night 1 Meals $50.00 per day Tolls and Parking $10.00 per day Relocation Rental Car $15,000.00 each $200.00 per trip__ per day _ Space Rental $800.00 Express Mail $120.00 per month Other $80.00 per day Technology + $3.70 per hour _ Repro (81/2 x 11) $0.10 per copy Repro (11 x 17) $0.20 per copy $0 • tb6 LVO'Z$- J4TT'IZ$ I I O slJew qns EL459S$ 0$ OZO'OZ$ £S418E$ 964'ES Eb8'£T$ I ?TT 1e401gns 0$ wawageueyy uolhnmuo3 OS —L_ slo�iuco halad 0$ ivawamooad +g s1senuoJ 0$ — j suolie�adp xulllol ITS so!;aylsay pue adeDspuei TI'S'I .. �- 0$ smalnall Al!l!gel,n.usunD °ITT 0$ 9u!;y9n 'leo!moo 'sip' 6's'T — -- -- - _ OS uopeu!p�oop as/u9lsa0 8's'T 0$ -__.. — -- - ly9Nanp le)Rapoloao -- L'S'i 0$ !eDlu!y�aloag — — 9•S'T OS a9eulei0 S'S'I — — —� _. -- - 0$ leluewuomu3 vs.' OS d Wl pue Ime.1l E'S'T 0$ E saa1111n4S Z'S'I OS Aempeoa I'S'T i -- — -- 0$ seilp!ln 4'i 0$ Jd0 - uoms!nbay m08 £'T 0$ 9upaaw9u3 mOV/AarunS' Z'T 0$ luawa9euelN Asap "89u!uueld VT un!saa it xuluueld _ 0$ saanpeooad g sueld 'sahllod 4T'T sluawaaa9y Joon paloid SI 0$ wewssessy msltl 1s00 ZVI OS _. I — _. --I- y�eaaln0 g 0$— , luawano:dwl ssa��lladnd OT'TIT'T EL4'9SS 0$ OZO'OZ$ ES4'9ES 964'E$ 4II'IZ$ E48'ET$ RIVETS ()TUTS 2TT anproax3 - T _.. 9uuau>aed 6'I 0$ uolleupooJ Aaua ti 9'T poddnS swiej)1L1._... _ 0$ a3ueodwoJ 390/Jogel I9'T ... - _-- — — 0$ —--9uuueu!3llois'T ----- 0$ luawa9euelnl�ls!a/anueinsu!Ib'T — - _-- _— Y-`- 0$ -- 0$ - - - — _�. _ J0/yO E'I - — —. . -- A1a;eS 2'T OS________I. — —_ _ -- -- ----- .. _ luawa9eueW;oatom VI tuawaxeuew 1�aloid I lelol aopuap .._— -- --- s,J00 lso J as d Paxld HO tieleS lelol A�eleS ales sinoH - _ Anwwns Isoo aumm wo1 -- -- -_- -- • • • Moo Jad OZ'0$ Adooaad OT'0$ moy aad OCE$ Lo hep aad 00'08$ uow gad 00'0ZT$ Aep gad 00'008$ 00'OOZ$ dp;aad (LT x TT) oadaa (TT x Z/T 8) w A2olouypadaal Jay;0 Ile( ssaadx3 (e;uaa aoeds pea 00'000'ST$ aeD le;uaa uol;eaolaa Aep aad 00'01$ Aep aad 00'0$$ 148lu aad 00'OST$ Supped pue sllol slew( Ia;oH dpl iad 00'OSZ$ awn Jad SS'0$ OZO'OZ$ +0$ 0$ OOZ'TT$ WAS 0 slava aue(d a2eall( un(saa t(uluueid H( lad 4;uow gad y;uow aad OS'0$ 00'OT$ OS'LE$ 0 Adoo Jad 0£'0$ Adoo Jad OZ'0$ sauddns ate;sod auoydalal (LT x TT) wdaa anoy aad OL'£$ Aep iad 00'08$ (TT x Z/i 8) oidaa - Allolouypal Jay* 0 4T tit ((wow gad 00'0Z$ Aep aad 00'008$ Aep gad 00'09$ OSL'T$ bT VT L Ile( ssaidx3 le;ua-8 weds JeDle;uaa yea 00'000'ST$ ---Ie3Q1 009'S$ L O$ - -t- 6'T Aep aad Aep lad ;y5(u aad dig aad anw lad 00'OT$ 00'SE$ 00'0$Z$ uoReaolaa Supped pue spot wavy 00'008$ SS'0$ Ia;oH s;a1111 aueld aaeali( Anwwns 0a0 auaeM wol ;uawaaeue(;aalad • • • __._____ _____ ._ DG Const Mgt --- - - - -- -- -- Cost Summary Hours 7-- Rate ( Salary Total Salaryl OH - ---- Fixed Feed —Cost ODC's ----- - - - - } - - Vendor Total Project Management - - 1.1 -- 1.2 _- Project Management -- Safety _. _ - j ___. _. $0 1.3 1.4 QA/QC -- -- Insurance/Risk Management -- - --- ---- _ ___ _ ____ $0 __ $0 1.5 Toll Financing $0 1.6 1.7 Labor/DBE Compliance Claims Support - --- -- - -- -- -- $0 Claims Manager 1601 $81.71 $13,074 $13,074 $15,296 $2,837 $31,207 $430 $0- $31,637 - 1.8 Agency Coordination 1.9 Partnering _ - --- �_ $0 1.10 Process Improvement S0 1.11 Public Outreach I $0 1.12 Cost Risk Assessment $0 1.13 Project Labor Agreements $0 1.14 Policies, Plans & Procedures _L - - $0 Planning & Design 1 1.1 Planning & Design Management 1.2 Survey/ROW Engineering - J -- - $0 $o 1.3 1 ROW Acquisition - OPC I _� jl 50 1.4 Utilities _ - - - --.. _ 1.5.1 Roadway t + S0 1.5.2 Structures $0 1.5.3 Traffic and TMP 1.5.4 Environmental $0 1.5.5 Drainage $ $0 1.5.6 Geotechinicai - $0 1.5.7 Geotechnical Oversight - $0 1.5.8 Design/RR Coordination $0 1.5.9 ITS, Electrical, Lighting t _ $0 1.5.10 Constructability Reviews $0 1.5.11 r Landscape and Aesthetics { Tolling Operations - _ 50 Contracts & Procurement - - - _ S0 ProfettControls - T -_ $0 Construction Management I -- - _ _ _ _ _ $0 Sub Total 160 $13,074 $15,296 $2,837 $31,207 $430 $0 $31,637 Sub Mark-yR $1,107 96 • _ - - Ado3 gad Adoo aad OZ'0$ 01'0$ (LT x TT) oadaa (TT x Z/T S) oadaa _not( aad OL'E$ AEoloutpa1 Aepaad 00'08$ 00'0ZT$ Ja410 41uow aad Ilew ssaadx3 Aepaad 00'008$ leluaa ands dulJad 00'00Z$ aeoleluaa 43ea 00'000'5T$ uognolaa .. - ----- - Aep iad Aep aad 00'OT$ 00'05$ - Supped pue sllol - sleavy 1481u aad 00'OST$ IaloH du1 aad 00'OSZ$ 5S'0$ _ slava aueid --.. allw iad a8eagin unlsap >8 auluuela MS .L. MS 0$ 0 HW gad 05•0$ saliddnS 0$ OOT$ 0 41uow gad 00'0% 00'00T$ a2elsod auo4dala1 T 41uow aad - 0$ 0 ! Adoo aad OE'0$ (LT x TT) oudaa 0$ 0 0 Adoo gad OZ'0$ (TT x Z/T 8) wdaa ABoloutpa1 0$ ano4 aad 0L E$ 0$ 0 Aepaad 00'08$ Ja410 0$ 0 41uow gad 0 Aepaad 00'OZ$ (levy ssaidx3 leluaa aped5 _ p$ 00.008$ 0$ 0 Aep Jad 00'o9$ JeD leluaa 0$ 0 4Jea 00'000`51$ uopeaolaa 0$ 0$ 0 0 Aep gad 00'OT$ 00'sE$ Bullied pue sgol -- Aep aad stews,' O$ 0 14$lu aad 00'05Z$ Iai6H OS 0 _ 009 - Oil iad - al!w gad 00'008S SS'0$ slap!' aueld -- - leloi OEE$ _ a9eagiN L'T luawaEeue►/y 3su0D g0 tiewwns J00 luawaaeuevy palad • EXHIBIT "D" FEDERAL DEPARTMENT OF TRANSPORTATION FHWA AND AND "CALTRANS REQUIREMENTS Notwithstanding anything to the contrary contained in the Agreement, including the other Exhibits attached thereto, the following provisions shall apply if funding for the Services is provided, in whole or in part, from the United States Department of Transportation: 1. DISCRIMINATION The Commission shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT -assisted contract or in the implementation of the Ca!trans DBE program or the requirements of 49 CFR Part 26. The Commission shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts. Consultant or subcontractor shall not discriminate on the basis of race, color, national origin, of sex in the performance of this contract. Consultant shall carry out applicable requirements of 49 CFR Part 26 and the Caltrans DBE program in the award and administration of DOT -assisted contracts, as further set forth below. 2. PROMPT PAYMENT Consultant agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 10 days from the receipt of each payment the prime contractor receives from the Commission. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Commission. This clause applies to both DBE and non -DBE subcontractors. 3. RELEASE OF RETAINAGE The Commission shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the Commission of the contract work and pay retainage to prime contractors based on these acceptances. The prime contractor or subcontractor shall retum all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the Commission. Federal regulations (49 CFR 26.29) require that any delay or postponement of payment over 30 days may take place only for good cause and with the Commission's prior written approval. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the Califomia Business Exhibit D-1 98 and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving- late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. This provision applies to both DBE and non -DBE prime contractors and subcontractors. 4 LEGAL REMEDIES In addition to those contract remedies set forth under relevant provisions of Califomia law, either party to this Agreement may, where applicable, seek legal redress for violations of this Agreement pursuant to the relevant provisions of 49 C.F.R. Parts 23 and 26, to the relevant federal or state statutory provisions governing civil rights violations, and to the relevant federal and state provisions governing false claims or "whistleblower" actions, as well as any and all other applicable federal and state provisions of law. The Consultant shall include a provision to this effect in each of its agreements with its subcontractors. 5. DBE PARTICIPATION. Caltrans has developed a revised statewide DBE program pursuant to 49 C.F.R Part 26. The requirements and procedures, as applicable, of the Caltrans DBE program are hereby incorporated by reference into this Agreement. Even if no DBE participation will be reported, Consultant shall complete Exhibits "G-1 ", "G-2" and "H" of this Agreement in compliance with the Caltrans DBE program. As part of the revised program, Caltrans has adopted a mandatory race conscious DBE Goal in addition to the race -neutral goal. RCTC has established a 4.59% race conscious DBE participation goal and a 1.35%race neutral participation goal for the Phase 1 and Phase 2 Services, combined. The race conscious DBE participation goal excludes Subcontinent Asian and Hispanic Males, per the requirements issued by the Califomia Department of Transportation on March 4, 2009. A. This Agreement is subject to Title 49, Part 26 of the Code of Federal Regulations entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs." Bidders who obtain DBE participation on this contract will assist Caltrans in meeting its federally mandated statewide overall DBE goal. B. If the Agreement has an under-utilized DBE (UDBE) goal, the Consultant must meet the UDBE goal by using UDBEs as subcontractor or document a good faith effort to meet the goal. If a UDBE subcontractor is unable to perform, the Contractor must make a good faith effort to replace him/her with another UDBE subcontractor if the goal is not otherwise met. A UDBE is a firm meeting the definition of a DBE as specified in 49 CFR and is one of the following groups: Exhibit D-2 99 • • 1. Black American 2. Asian-Pacfic American 3. Native American 4. Women C. DBE and other small businesses (SB), as defined in Title 49 CFR, Part 26 are encouraged to participate in the performance of agreements financed in whole or in part with federal funds. The Consultant, subrecipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. The Consultant shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of US DOT assisted agreements. Failure by the contractor to cant' out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as the Commission, Caltrans or the Department of Transportation deems appropriate D. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section. 6. DBE PARTICIPATION GENERAL INFORMATION. It is Consultant's responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and the Caltrans DBE program. Particular attention is directed to the following_ A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the California Unified Certification Program (CUCP). B. A certified DBE may participate as a prime contractor, subcontractor, joint venture partner, as a vendor of material or supplies, or as a trucking company. C. A DBE joint -venture partner must be responsible for specific contract items of work or clearly defined portions thereof. Responsibility means actually performing, managing and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint -venture commensurate with its ownership interest. D. A DBE must perform a commercially useful function, pursuant to 49 CFR 26.55 that is, must be responsible for the execution of a distinct element of the work and must cant' out its responsibility by actually performing, managing and supervising the work, as more fully described in section 8 below. E. The Consultant shall list only one subcontractor for each portion of work as defined in the Consultant's bid/proposal and all DBE subcontractors should be listed in the Consultant's bid/cost proposal list of subcontractors. Exhibit D-3 100 F. A Consultant who is a certified DBE is eligible to claim all of the work in the Agreement toward the DBE participation except that portion of the work to be performed by non -DBE subcontractors. 7 . COMMERCIALLY USEFUL FUNCTION. A. A DBE performs a commercially useful function when it is responsible for execution of the work of the Agreement and is carrying out its responsibilities by actually performing; managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible with respect to materials and supplies used on the Agreement, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself.. To determine whether DBE is performing a commercially useful function, evaluate the amount of work subcontracted, industry practices; whether the amount the firm is to be paid under the Agreement is commensurate with the work it is actually performing, and other relevant factors. B. A DBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, Agreement, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate. C. If a DBE does not perform or exercise responsibility for at least thirty percent of the total cost of its Agreement with its own work force, or the DBE subcontracts a greater portion of the work of the Agreement than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a commercially useful function. 8. DBE CERTIFICATION AND DE -CERTIFICATION STATUS. If a DBE subcontractor is decertified during the life of the Agreement, the decertified subcontractor shall notify the Contractor in writing with the date of de- certification. If a subcontractor becomes a certified DBE during the life of the Agreement, the subcontractor shall notify the Contractor in writing with the date of certification. Any changes should be reported to the Commission's Representative within 30 days. 9. DBE RECORDS. A. The Contractor shall maintain records of materials purchased and/or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime Contractors shall also Exhibit D-4 101 • show the date of work performed by their own forces along with the corresponding dollar value of the work. B. Upon completion of the Agreement, a summary of these records shall be prepared and submittedon the form entitled, "Final Report -Utilization of Disadvantaged Business Enterprises (DBE)," CEM- 2402F (Exhibit 17-F in Chapter 17 of the LAP), certified correct by the Contractor or the Contractor's authorized representative and shall be furnished to the 'Commission's Representative with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in twenty-five percent (25%) of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to the Contractor when a satisfactory "Final Report Utilization of Disadvantaged Business Enterprises (DBE)"is submitted to the Commission's Representative. a. Prior to the fifteenth of each month, the Contractor shall submit documentation to the Commission's Representative showing the amount paid to DBE trucking companies. The Contractor shall also obtain and submit documentation to the Commission's Representative showing the amount paid by DBE trucking companies to all firms, including owner -operators, for the leasing of trucks. If the DBE leases trucks from a non -DBE, the Contractor may count only the fee or commission the DBE receives as a result of the lease arrangement. b. The Contractor shall also submit to the Commission's Representative documentation showing the truck number, name of owner, Califomia Highway Patrol CA number, and if applicable, the DBE certification number of the truck owner for all trucks used during that month. This documentation shall be submitted on the Ca!trans "Monthly DBE Trucking Verification, CEM- 2404(F) form provided to the Contractor by the Commission's Representative. 10. REPORTING MATERIAL OR SUPPLIES PURCHASED FROM DBEs. When Reporting DBE Participation, Material or Supplies purchased from DBEs may count as follows, and if a DBE is also a UDBE, purchases will count towards the UDBE goal under the following conditions: A. If the materials or supplies are obtained from a DBE manufacturer, 100 % of the cost of the materials or supplies will count toward the DBE participation. A DBE manufacturer is a firm that operates or maintains a factory or establishment that produces on the premises, the materials, supplies, articles, or equipment required under the Agreement and of the general character described by the specifications. B. If the materials or supplies purchased from a DBE regular dealer, count 60 % of the cost of the materials or supplies toward DBE goals. A DBE regular dealer is a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Agreement, are bought, kept in stock, and Exhibit D-5 102 regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or maintaining a place of business provided in this section. C. If the person both owns and operates distribution equipment for the products, any supplementing of regular dealers' own distribution equipment, shall be by a long-term lease agreement and not an ad hoc or Agreement -by -Agreement basis. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this section. D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular dealer, will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on the job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services. 11. REPORTING PARTICIPATION OF DBE TRUCKING COMPANIES. When Reporting DBE Participation, Participation of DBE trucking companies may count as follows, and if a DBE is also a UDBE, credit will count towards the UDBE goal under the following conditions: A. The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible. B. The DBE must itself own and operate at least one fully licensed, insure, and operational truck used on the Agreement. C. The DBE receives credit for the total value of the transportation sences it provides on the Agreement using trucks it owns, insures, and operates using drivers it employs. D. The DBE may lease trucks from another DBE firm including an owner - operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Agreement. E. The DBE may also lease trucks from a non -DBE fimn, including an owner - operator. The DBE who leases trucks from a non -DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by the DBE. Exhibit D-6 103 • F. For the purposes of this section, a lease must indicate that the DBE has exclusive use and control over the truck: This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, as long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE. 1.2. DEBARMENT, SUSPENSION AND OTHER INELIGIBILITY AND VOLUNTARY EXCLUSION. In accordance with 49 CFR Part 29, which by this reference is incorporated herein, Consultant's subconsultants completed and submitted the Certificate of Sub Consultant Regarding Debarment, Suspension and Other lnelegibility and Voluntary Exclusion as part of the Consultant's proposal. If it is later determined that Consultant's subconsultants knowingly rendered an erroneous Certificate, the Commission may, among other remedies, terminate this Agreement. Exhibit D-7 104 EXHIBIT "E" CERTIFICATE OF CONSULTANT I HEREBY CERTIFY that I am the and duly authorized representative of the firm of whose address is , and that, except as hereby expressly stated, neither I nor the above firm that 1 represent have: (a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this agreement; nor (b) agreed, as an express or implied condition for obtaining this contract; to employ or retain the services of any firm or person in connection with carrying out the agreement; nor (c) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this agreement. I acknowledge that this Certificate is to be made available to the Califomia Department of Transportation (Caltrans) in connection with this agreement involving participation of Federal -aid Highway funds, and is subject to applicable State and Federal laws, both criminal and civil. By: Signature Name Title Date Exhibit E 105 • • EXHIBIT "F" CERTIFICATE OF COMMISSION HEREBY CERTIFY that I am the of the RIVERSIDE COUNTY TRANSPORTATION COMMISSION, and that the consulting fine of or its representative has not been required (except as herein expressly stated), directly or indirectly, as an express or implied condition in connection with obtaining or carrying out this Agreement to: (a) employ, retain, agree to employ or retain, any firm or person; or (b) pay or agree to pay, to any firm, person or organization, any fee, contribution, donation, or consideration of any kind. I acknowledge that this Certificate is to be made available to the California Department of Transportation (Ca!trans) in connection with this Agreement involving participation of federal-aidHighway funds, and is subject to applicable State and Federal laws, both criminal and civil. By: Signature Name Title Date Exhibit F 106 EXHIBIT "G-1" Exhibit 10-01 Local Agency Proposer UDBE Commitment (Consultant Contracts) AGENCY:_Riverside County Transportation Commission LOCATION:- Riverside; CA PROJECT DESCRIPTION: _Project and Construction Management Services for SR-91 Corridor improvements CONTRACT GOAL: $1,631,254 (4.59%) for Phase I and Phase.2 combined PROPOSAL DATE; April 9, 2009 PROPOSER'S NAME: Parsons Transportation Group,. Inc. WORK ITEM NO. DESCRIPTION OR SERVICES TO BE SUBCONTRACTED 1.11 I Public Outreach 1.6 I Labor/DBE Compliance 1.4 I Utilities DBE Cert. No.AND EXPIRA TIOND ATE NAME OF UDBEs (Must becertifiedon the date the proposals are opened - include UDBE address and phone number) 33645 I Arellano Associates 13791 Roswell Ave„ A Riverside, CA 91710 (909)627-2974 137152 I Padilla & associates, Inc 183 E. City Place Dr. Santa Ana, CA 92705 (714)577-5340 131859 I TEC Management 400 Goddard Irvine, CA 92618 (949)450-8200 For Local Agency to Complete: Local Agency Contract Number. Federal Aid Project Number. Federal Share: Proposal Award Date: Local Agency certifies that the UDBEeertification(s) has been verified and all information is complete and accurate. Print Name Local Agency Representative Signature Date Print Name Signature Caitrans District Local Assistance Engineer Date i i I Total Claimed Participation PERCENTAGE AMOUNT OF EACH UDBE 1.31% 0.37% 2.05% $1,327,858_ 3.73% Signature of Proposer Date (Area Code) Tel. No. Person to Contact (Please Type or Print) Local Agency Bidder - UDBE Commitment (Rev 3/09) Distribution: (1) Copy — If this Proposer is successful fax or scan a copy to the Caltrans District Local Assistance Engineer (DLAE) within 15 days of award. Failure to send a copy to the DLAE within 15 days of award may result in de -obligation of funds for this project. (2) Original — Local agency files Exhibit G-1 107 • INSTRUCTIONS - LOCAL AGENCY BIDDER- UDBE COMMITMENT (CONSULTANT CONTRACTS) (Revised 03/09) PLEASE NOTE: It is the proposer's responsibility to verify that the UDBE(s) falls into one of the following, groups in order to count towards the UDBE contract goal: 1) Black American; 2) Asian -Pacific American; 3) Native American; 4) Women. This information shall be submitted with your proposal. Failure to submit the required UDBE commitment will be grounds for finding the proposal nonresponsive UDBE is a firm meeting the definition of a DBE as specified in 49 CFR and is one of the following groups: Black American; Asian -Pacific American; Native American; Women The form requires specific information regarding the consultant contract: Agency, Location, Project Descriptions, Federal. Aid Project Number (assigned by Caltrans-Local Assistance), Proposal Date; Proposer's Name, and Contract Goal. The form has a column for the Work Item Number (or Item No's) and Description or Services to be Subcontracted to UDBEs. The UDBE should provide a certification number to the Consultant. Notify the Consultant in writing with the date of the decertification if their status should change during the course of the contract. The form has a column for the Names of certified UDBEs to perform the work (must be certified on the date proposals are received and. include UDBE address and phone number). Enter the UDBE prime consultant and subconsultant certification numbers. Prime consultants shall indicate all work to be performed by UDBEs including, if the prime consultant is a UDBE, work performed by its own forces. There is a column for the total UDBE percentage. Enter the Total Claimed UDBE Participation percentage of items of work submitted with the proposal pursuant to the Special Provisions. (If 100% of item is not to be performed or furnished by the UDBE, describe exact portion of time to be performed or fumished by the UDBE.) See Notice to Bidders/Proposers Disadvantaged Business Enterprise Information to determine how to count the participation of UDBE firms. Note: If the proposer has not met the contract goal, the local agency must evaluate the proposer's good faith efforts to meet the goal in order to be considered for award of the contract. Exhibit "G-1" (Caltrans form ]0-01) must be signed and dated by the consultant proposing. Also list a phone number in the space provided and print the name of the person to contact. Exhibit G-1 Instructions 108 EXHIBIT G-2 Exhibit 10-02 Local Agency Proposer DBE Information (Consultant Contracts) —Instructions on following page AGENCY: Riverside County Transportation commission LOCATION: Riverside, CA PROJECT DESCRIPTION: -_Project and Construction management Services for SR-9l Corridor Improvements TOTAL CONTRACT PROPOSAL DATE: PROPOSER'S NAME: S35,539,299 April 9, 2009 Parsons Transportation Group, htc. CONTRACT ITEM NO. PERCENTAGE OF DBE DESCRIPTION OR SERVICES TO BE SUBCONTRACTED DBE Cert. No. AND EXPIRATION DATE NAME OF DBEs (Must be certified on the date bids are opened - include DBE address and phone number) For Local Agency o Complete_ Total Claimed Participation $ �* 'Local Agency Contract Number. '— 0*. ado Federal Aid Project Federal Share: Number: Contract Award Date: Local Agency certifies that the DBE certification(s) has been verified and all information is complete and accurate. Signature of Proposer Print Name Signature Date Local Agency Representative Date (Area Code) Tel. No. Prim Name Signature Date Caltrans District Local Assistance Engineer Distribution: (1) Copy — Fax or scan a copy to the Caltrans District Local Assistance Engineer (DLAE) within 15 days of contract execution. Failure to send a copy to the DLAE within 15 days of contract execution may result in de -obligation of funds for this project.(2) Original — Local agency files. All DBE Firms qualify as UDBE Exhibit G-2 • 109 • INSTRUCTIONS - LOCAL AGENCY BIDDER DBE INFORMATION (CONSULTANT CONTRACTS) (Revised 03/09) SUCCESSFUL PROPOSER: The form requires specific information regarding the consultant contract: Agency, Location, Project Description, Federal Aid Project Number (assigned by Caltrans-Local Assistance), Proposal Date, and Successful Proposer's Name. The form has a column for the Description or Services to be Subcontracted by DBEs. The DBE should provide a certification number to the prime consultant. The form has a column for the Names of DBE certified consultants to perform the work (must be certified on the date the proposal is received and include DBE address and phone number). Enter DBE prime consultant's and subconsultants' certification numbers. The prime consultant shall indicate all work to be performed by DBEs including, if the prime consultant is a DBE, work performed by its own forces. Enter the Total Claimed DBE Participation percentage of items of work in the total DBE Dollar Amount column. (If 100% of item is not to be performed by the DBE, describe the exact portion of time to be performed by the DBE.) See Notice to Proposers/Bidders Disadvantaged Business Enterprise Information to determine how to count the participation of DBE firms. Exhibit "G" (Caltrans Form 10-02) must be signed and dated by the successful proposer at contract execution. Also list a phone number in the space provided and print the name of the person to contact. Exhibit G-2 histructions 110 EXHIBIT "H" DISADVANTAGED BUSINESS ENTERPRISE {DBE} FINAL REPORT OF UTILIZATION OF DBE [ATTACHED BEHIND THIS PAGE] 111 IeNt$0311.00.0o• AOOO. flu 001Y pm/ • MOO +010011100-M00 aL L 0w1Eu300019MY1r001001 0• Mop urdeud..OdIN03 0•101rnil • MOO MVO 11301(114 31101-1d StlINISOB /1/000103n0010101Y Inn 101110• MONO :.D.O.M 10010ey don• NOUni IN1310 MOO 11010Y11ueOONNO• IM01+0 !dedueh svedd,• NOInBINiS101dOO 103tltl00.11NY31t1d1100 81 NOLL011/001N13A011Y 3N3'd3nn ONY NOLLV NIC-411 ARM 31313 3N101 tl98wnN 3NONd S43Nit()1 103111100011Y11314010O L711011YR00dNl MOSEY 31111011 AlIltl301 IIf•111.)r.i�Iw1 BrM.m.�.il ilw.�eeB.a ww WMtw Y 1p1, .lw..11 . A •Nw. w+...lvna1100$0.10/000 •IIw 10 In.a 00 m/0000da wloaidI1..WM.wB It wwaa..l+lu 11.V1iYNwty a.., damp Nl +1rYNM•Jap e00101.10.1(gr0(11 9r0 0,0010dIeduO 000031010011/EI0110 000111014100teY1000..10's1e100400,01$MLL MU 110 Nil ueul?M-M irt3pNY/Y$04NIN-'YN 3S00 3N0LYNOIS SA33010Na 1180133N 311(1.0•001$ S.31d1VN3S3Nd3N 0/010Y0 N00 •^ww.l •e1+.cr.41q• UnPOUN 1NY Vett--rit t S S t S t 11/101 1N3RtIRw001YNn)lY1 t S S t 1 t t t $ S $ t t $ $ t t t S $ t t $ t t ! t t t $ t t t t t t t t t S $ t t t t t S t t S t t t t t t t t t t 1NtriAvd IYNIe1311Y0 laid1100 )INOM 31Y0 30a1 M 3BOA 'ON MOO Yen NCOd VB BOO 300NON tl30R111 1tl30 3B0 663tl00Y 9S3NI4lI.ONY 3RYN.WYdW00 030INONd81Y1N3111 OW'ON 131'0101tl3d)010101 !O NOIMIN3S30 'tau S1N3nAYd 10W1NO3 1NNCnY 10‘413N00031YWUS3 t St3tl00v SSRMSne 31v0 N0113'Idw00.10VVINO3 AONSOY ONN13181NIN0YLtltrw1N103I'ONd OR1VNBON S311111S0d 31OON A1M100 N010W11100311ltld tl3Bn11N lorditin 'nestv0.010Nuemat'se•8n'M.114 N ail. Ve".8.0 w NOOd POO.IN000tl 11P01 n 011t•1t1 011) 001 /V O1M1t1 016) IN0 Vodav0000 Rd '.I.IOMV WWII 41 %0N00' N ILMWM° "41 •3110°"e "WM 41$ "`"°^r'N °d _._ n90fd YGY saolovalNooans R=Q1?I.4>17 I Bla ee-lulene nnnv l..v (BOOiRO A3L) dt102-1$30 a3WIS2114 Y3aa) AOb'SIa d0 NO11V21111n - laOdHa ltlNld N011Y1NONSNW1 AO 1N3W1t1W30 • YINNOA11,0 d0 31Y1S • • • S:A(r p�CALIFORNIA - DERAIL WE NT OF TRANSPORTATION FINAL REPORT - UTILIZATION OF DISADVANTAGED BUSINESS ENTERPRISES {DBE), FIRST -TIER SUBCONTRACTORS CEN 2a02f MV O2.2000 The form requires specific. information regarding the eonstruction project: Contract Number. County. Route, Post Mlles, Federal. Aid Project number. the Administering Agency, the Contact Completion Date and the Estimated Contract Amount It requires the prime contractor name and business address. The locus of the form Is to describe who did what by contract item numbers and descriptions, asking for specific dollar values of item work completed broken down by subcontractors who performed the work, both DBE and non -DBE work forces. DBE prime contractors are required to show the date of work performed by their own fortes along with the corresponding dollar value of work. The tort has a column to enter the Contract Item No. (or Item No`s) and description of workperformed or materials profiled, as well as a column for the subcontractor nerve and business address. For those frets who are DBE, there is a:column to enter their DBE Certification. Number. The DBE should provide their certification number to the contractor and notify the contrareor in Writing with the date of the decertification if their statics should change during the course of the project_ 'Theform has six columns for the dollar value to be entered for the Item work performed by the subcontractor. The Non -DBE. column is used to enter the dollar value of work performed for firm who are not cerhTced DBE. The decision of which column to be used for entering the DBE ddlarvalue is based on what program(s) stales the firtn is certified. This program stares is determined by the California Unified Certification Program by ethnicity, gender, ownership and control issues at time of certification. To confirm the certification status and grogram status, access the Department of Transportation Cave Rights website at Mtpaevwvdreca.govlhq/bep or by *Iry (918)-324-1700 or the toll free number at (888) 810.6346. Based on this DBE Program status, the following table depicts which column to be used' DBE Program Status If program status shows DBE only with no other programs listed - DBE Column to be used If program status shows DBE, Black American BA LOBE ll program status shows DBE. Aslan-Pacific islander APA UDBE If program status shows DBE, Native American NA UDBE _ It program status shows DBE, Waman IW UDBE if a contractor performing work as a DBE on the project becomes decertified and still performs work after their decertification date, enter the total value performed by this contractor under the appropriate DBE identification emblem If a contractor performing work as a non -DBE on the project becomes certified as a DBE., enter the dollar value of all work performed after certification as a DBE under the appropriate identification column. Enter the total of each of the six columns on Forth CEM-2402(F). Any changes to DBE certification must also be submitted on Form DEM-240NR. Enter the Date Work Completed as well as the Date of Final Payment (the dam when the prime contractor made the leaf payment" to the subcontractor for the portien et work fisted as being completed). The contractor and the resident engineer sign and date the form indicating that the information provided is complete and correct. PROOF COPY RETURN TO HQ FORMS OK X Exhibit H Instructions • 113 • TO: EXHIBIT "1" NOTICE OF MATERIALS TO BE USED Resident Engineer DATE: You are hereby notified that materials required for use under Contract No. for the construction of in District , Route will be obtained from sources , Co. herein designated. CONTRACT ITEM NO. KIND OF MATERIAL NAME AND ADDRESS WHERE MATERIAL CAN BE INSPECTED It is requested that you arrange for sampling, testing and inspection of materials prior to delivery in accordance with Section 6 of the Standard Specifications where the same is practicable and in accord with your policy. It is understood that source inspection does not relieve me of the full responsibility for the incorporating in the work materials that comply in all respects with the contract plans and specifications, nor does it preclude the subsequent rejection of materials found to be unsuitable. YOURS TRULY, ADDRESS: PHONE NO. Exhibit I 114 9/24/2009 SR-91 Project and Construction Manager Commission Goals • Commission desire and direction to quickly deliver projects • Much -needed improvements to the SR-91 corridor require resourcefulness and result in some Inland Empire firsts" — Toll revenue bonds as transportation funding source — Design -build method of project delivery to expedite the project • SR-91 corridor improvements mission "In partnership with our stakeholders, develop a breakthrough mobility project for State Route 91 which meets Measure A commitments, creates a long-term revenue source for transportation improvements, is delivered with a businesslike efficiency, and maintains public and agency support:" Presentation Overview • Commission Goals and SR-91 Project Mission • 10-Year Delivery Plan and the SR-91 Corridor • Project and Construction Manager (PCM) Role • PCM Procurement Summary • Recent Economic Events • Staff Recommendations 10-Year Delivery Plan • SR-91 corridor projects — SR-91 Corridor Improvement Project • Widen general-purpose lanes and extend the tolled Express Lanes - SR-91/SR-71 Interchange Project • Improve the existing loop connector (SR-91 eastbound to SR-71 northbound) • Status of project development — Mid -way through environmental process — Starting design -build phase this year 1 9/24/2009 Project and Construction Manage Why a Project and Construction Mgr. (PCM)? — Single focus on the SR-91 corridor • timely and cost-effective project delivery - Skilled and experienced professionals • perform engineering, management, construction oversight, toll startup, and other services - High-quality, "A -team" firm • national resources, tolling expertise, and design -build and "mega" project experience - Resources • Scale resources up and down, right resource at the right time resulting in efficient use of people and money PCM Contract Phasing • Typical PCM work in each phase 2011-2016 Phase 2 Engineering (plan reviews : Design oversight Construction management .lnspecvon -: Materials testing Project closeout activiges leSign-build contract administration, PCM Contract Phasing • Two Phase Approach — Phase 1 — approximately two years from October 2009 to the sale of toll revenue bonds — Phase 2 — approximately five years for design, construction, and toll operation startup • Results in a key decision point for the Commission — Allows the Commission to control whether and when to begin phase 2 activities PCM Procurement Summary • Commission authorization to solicit services • Received 4 proposals, conducted 2 interviews • Five -person selection panel • Corona, Caltrans, OCTA, and RCTC (2) • Negotiations • contract terms, scope, and fee • Audit • selected firm's financial information • to be completed prior to contract award 2 9/24/2009 PCM Procurement Summary • Selection panel recommendation of Parsons Transportation Group team - full range of services, resources, and expertise - `A" team • experienced Project Manager, Design Manager, Construction Manager - design -build and toll project experience • SR-22 design -build project (OCTA) • Southbay Expressway toll (San Diego) - knowledge of SR-91 corridor challenges and issues • local work experience, relationships, reputations, and offices Staff Recommendations • Maintain progress by proceeding with several key elements of SR-91 work — Project implementation (master) plan Right-of-way acquisition plan — Comprehensive risk assessment Agency and toll agreements Toll policies, business and operation rules, and technical requirements — Utility master plan and utility agreements I Recent Economic Events • National and local economic downtum • Current feasibility vs. feasibility in 2006/2007 • Updated financial feasibility — Goal to maintain a project that is feasible to finance and construct under these changed conditions — Comprehensive results in eady 2010 • Measured approach to design -build work — Maintain progress on critical design -build phase 1 work — Maintain progress toward overall project schedule — Prudent metering of PCM phase 1 contract costs while updated financial feasibility work is completed Staff Recommendations • Approve PCM selection process • Award full PCM phase 1 contract • Authorize staff to proceed — immediately proceed with key elements — proceed with the remaining work after successful completion of key elements and toll feasibility results are finalized • Authorize staff to negotiate phase 2 — negotiate scope and fee in the future — Future request for phase 2 authorization 3 9/24/2009 Project and Construction Manager thank you.... any questions? Michael Blomquist, P.E. Toll Program Director PCM ySc��..ope of WorkD }/� jrv--}�-mX..^+w Project and Conslroclion Manager (PCM) Mattes roxB.a r,us Bona sere Ph.wz. Ppermera ale AWAY CmM1urm x night a Ptr.Awualm, F•o-aam..ouse.. room... a.. x uu%aa wlraO ®mmum..rem.... µlcw. 0.1 x FI«N0109111 d 0021011Beilc10r FIFO 1,1,coo.. essaawe, MP. ac t AO.ancgd Ennprerphg to semen the RFP end (1gea'nenis Rossi CaYxAc and In...... Isl.rung lazreaw. Pia.l r.ern, Mc l % Oap.Btuld Cmnacl AOninemene laM% mug..:mo-e. OMK OT4eml x Caigi 01.901 me Design Plan Reviews x Caws.. Cs.... Assurance rwba•me among %ems .m,... sm, ases. rn.1 P.M C106901.1I1,..tlr4ana. R.,...nllender . peed La Msak. nu, % Nattily Te[M1rckgy Requirement ryaWp, ITS. wc.) % Toll Opa'a on slam x Pubac lnbmlicWOYmach mots mewTNrwr.aase r.e.... Yak,.. h.1 x Emhmmnte gagmen lagvnaatim hms..senJNEPAICEOA comdmenis) .. % Project and Construction Managed • Design -Build Phase — Final engineering, construction, right-of-way, utilities, toll operations, public outreach, etc. — Approximately 45 times greater in order of magnitude than environmental phase — Final engineering and construction for both SR-91 projects under a single, design -build contract — Major work prior to hiring the Design -Builder and throughout the design -build phase of work Project and Construction Manager rrAw • Recent Example and Precedent - OCTA hired a Project and Construction Manager (Parsons) to deliver the SR-22 design -build project » Similar scope of work as the SR-91 — Transportation Corridor Agencies (Orange County Tollroads) hired two joint venture entities: » Corridor Design Management Group (CDMG) — engineering » Construction Engineering Manager (CEM) - construction 4 9/24/2009 PCM Procurement Summary rc" Proposed Schedule Proposed Commission approval of PCM Role 2.06.09 Staff Issue Request for Qualifications 2.17.09 Firms submit Statement of Qualifications 4.16.09 Firm Interviews and Selection 5.14.09 Complete Contract Negotiations 6.11.09 Proposed Committee contract approval 6.22.09 Proposed Commission contract approval 7.08.09 Phase 1 Notice to Proceed July/ August Project and Construction Manage • Unique Contract Terms • Align RCTC's goals with the PCM through incentives — Businesslike efficiency » Schedule alignment » Underspending budgets 5 AGENDA ITEM 8 • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: September 28, 2009 TO: Plans and Programs Committee FROM: Abunnasr Husain, Toll Project Manager THROUGH: Michael Blomquist, Toll Program Director SUBJECT: Amendment to Agreement for On -Call Strategic Partnership Advisor Services with KPMG Corporate Finance, LLC STAFF RECOMMENDATION: This item is for the Committee to: 1) Approve Agreement No. 06-66-026-07, Amendment No. 6 to Agreement 06-66-026-00, for On -Call Strategic Partnership Advisor Services with KPMG Corporate Finance, LLC (KPMG) to continue providing on -call financial advisory services for the proposed State Route 91 and Interstate 15 corridor improvement projects for the amount of $329,736; 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; and 3) Forward to the Commission for final action. BACKGROUND INFORMATION: In February 2006, the Commission entered into an agreement with KPMG for the purpose of providing Strategic Partnership Advisor Services for project financing alternatives and evaluation of potential toll road corridors in Riverside County. The project approval and environmental document (PA/ED) work phase completion for the SR-91 and 1-15 corridor improvement projects is scheduled for 2011 and 2012, respectively, under separate agreements with engineering firms. The continued services of KPMG are desirable to support the PA/ED work and to assist the Commission in successfully moving these projects forward into the design, construction, and operation phases. The major tasks of KMPG's scope of work include: • Provide financial analysis as it relates to assessing project feasibility and subsequent transaction structuring. • Periodic update of financial analyses to confirm viability of the SR-91 and 1-15 corridor improvement projects as cost and project scope are developed Agenda Item 8 115 and updated. This analysis typically includes review of revenue, cost, and schedule inputs from the engineering team, modifications to the financing strategy, and changes to the project phasing or scope and sensitivity runs to determine the impact of variances in demand, construction costs, and general inflation. • Provide input to the milestone schedules, detailed time lines and work plans for the SR-91 and 1-15 corridor improvement projects, taking into account project status (environmental, design, etc.), funding priorities and constraints, project feasibility, internal and external resources, and market resources. • Provide research and analysis relating to policy development, procurement process, proposal evaluation, and tolling framework. • Review and provide input to project documents, including, for example, applications for environmental approval, funding programs, and project description. • Review and provide input to resolution of key programmatic and project - specific issues and decisions. The financial advisory services outlined above will be provided by KPMG for $329,736. Staff anticipates expending this amount over the remainder of current FY 2009/10. The amount is already included in the current year's fiscal budget. This will bring the total contract amount to $1,224,736. Financial Information In Fiscal Year Budget: Yes Year: FY 2009/10 Amount: $329,736 Source of Funds: Commercial Paper and 2009 Measure A Budget Ad ustment: No GLA No.: 262 31 65520 P3028 $ 205,636 262 31 65520 P3027 $ 124,100 Fiscal Procedures Approved: \ 4,14.0 Date: 09/17/2009 Attachments: 1► Draft Agreement No. 06-66-026-07 2) Scope and Fee Proposal Agenda Item 8 • 116 AMENDMENT NO. 6 TO AGREEMENT FOR STRATEGIC PA ADVISOR SERVIC 1. PARTIES AND DATE This Amendment No. 6 to the Aso� ent for Strate' Partnership Advisor Services is made and entered into this w> ` day of , 20f+} by and between the RIVERSIDE COUNTY TRANSPORTATIO MISSgN ("Comr�ion") and KPMG Corporate Finance LLC ("Consultant"). Attachment 1 Agreement No. 06-66-026-07 ERSHIP 2. RECITALS 2.1 The C date Advil ? len and the.:( r`f'uary $;r2006 fo1 Services =fhe "Mas ave'entered into an agreement ooviding Strategic Partnership greemene). 2.2 &Comrtsion'nY e Consft4.nt have entered into Amendment No. 1 ' Master, reemenf; date - vember 14, 2006 for the purpose of providing=additional compen on for the ongoing provision of Strategic Partnership°; -Advisor .Services and extending the term of the Master Agreement until January 31, 2008. 2.3 The Commission and the Consultant have entered into Amendment No. 2 to th'e"Master Agreement dated February 14, 2007 for the purpose of providing additional compensation for the ongoing provision of Strategic Partnership,. Advisor Services. 2.4 The Commission and the Consultant have entered into Amendment No. 3 to the Master Agreement dated January 31, 2008 for the purpose of extending the term of the Master Agreement until February 9, 2012. 2.5 The Commission and the Consultant have entered into Amendment No. 4 to the Master Agreement dated July 11, 2008 for the purpose of making consulting services available to the San Bernardino Associated Governments through the Master Agreement. KPMG Amendment No. 6 (RCTC Doc. No. 06-66-026-07) Page 1 117 2.6 The Commission and the Consultant have entered into Amendment No. 5 to the Master Agreement dated November 12, 2008 for the purpose of providing additional compensation for the ongoing provision of Strategic Partnership Advisor Services. 2.7 The parties now desire to amend the Master Agreement to provide additional compensation for the cont µs d provision of Strategic Partnership Advisor Services. 3. TERMS 3.1 The maximum compen`n under the r Agreement, as previously amended, is he increa d by Thy^undred Twenty Nine Thousand, Seven Hundr Dollars ( 736). 3.2 The total contra amended, shall no Thousand, Seven Hit 3.3 Cor basi r 3.4 Except 'at4. .:M,. e a ment=Va. for the ne Mil Six D mission. ter Agreement, as heretofore Two Hundred Twenty Four 01,224,736). Services, on a Task Order by this Al.mendment, all provisions of the Master mendments No. 1 through No. 5, inc litdltag, with ) limitatm , e indemnity and insurance provisions, shall rerfrain in fOlorce andeffect and shall govern the actions of the parties under.this Amendment. (Signatures on following page] KPMG Amendment No. 6 (RCTC Doc. No. 06-66-026-07) Page 2 • 118 • SIGNATURE PAGE TO AMENDMENT NO. 6 TO AGREEMENT FOR STRATEGIC PTNERSHIP ADVISOR SERVICES IN WITNESS WHEREOF, the parties" have exe * -d the Agreement on the date first herein above written. RIVERSIDE COUNTY TRANSPORTATION COMMISS By: APPROVED AS TO FORM: By: Best, Best & Krieger LLP General Counsel G Corpora nuance Signature Name Title KPMG Amendment No. 6 (RCTC Doc. No. 06-66-026-07) Page 3 119 oz� 09 1W* SL'£4Z'OZl 00'S00'S4l suogelueseid / s6ugeuq / s6ugeew loe(wd (E) (01.-I AIleguelod pue 'S l 146-aS) 0102J Aq palsenbei sesAleue leuolllPPN (Z) slslleuysanpewellHt6-aS (l) ueRdpasea i fi75 3 01.0Z dune yline441600Z Jail # 4sel IGewwns la6png pafoid wawpuawb 600Z 3131i 11w40011V • • SR-91 Alternatives Analysis KPMG project work plan and budget 'Rate(2009) Hours (All Alternatives) Total Fees Estimated fees Alternative 1 Alternative 2 Meeting to discuss preliminary findings - Alternatives 1 and 2 Alternatives 3, 4, 5 Workshop with RCTC to select combination to study further Feasibility study for selected combination' I Briefing meeting with RCTC to present / discuss results for selected combination iSubtotal - Estimated fees Estimated expenses Production and miscellaneous expenses r Travel expenses (assumes 3 trips for 2 staff members) i Subtotal - Estimated expenses 595.00 $ 400.00 $ 325.00 $ 13,042.50 13,702.50 9,455.00 21,557.50 15,747.50 29,190.00 22,310.00 $ 125,005.00 $ 4,500.00 15,500.00 20,000.00 L TOtal`001: 0.est, d,faex er15yyQQ T. 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Update model inputs Finalize financial model and perform analysis Quality control review of model and analysis Summarize results of analysis Review results of analysis Distribute results of analysis; discuss with team and client Other related analysis, review & communications Other analyses and presentations requested by RCTC (25% of above total) Total Hours Total Fees 4.0 4.0 2.0 6.0 4.0 20.0 11,900.00 2.0 6.0 4.0 2.0 3.0 3.0 5.0 25.0 10,000.00 91.3 $ 28,400.00 30,525.00 30,793.75 30,525.00 $ 120,243.75 2.0 6.0 2.0 3.0 3.0 4.0 20.0 6,500.00 4.0 12.0 8.0 4.0 4.0 8.0 12.0 13.0 65.0 28,400.00 `Assumes only 1.2 altemative combinations analyzed; if more complex analyses are required, budget will need to be revisited. • • SL'E6L'0£ SZ'9061 00'009'01. 05'LEE'EL saad [elol 1 O'OL £'1Z E'9Z S'ZZ sLInoH lelol i 0'41 021 0'9 0'4 0'4 0'8 Cal 0'4 01, E'4 0'E 0'E 0'Z 0'9 0'Z 0' l E'S 0'E 0'E 0'Z 0'4 0'9 0'Z 0'l S'4 0'9 0'Z 0'b 0'b OZ dW(ae6tied (leloi enoge 10 "/05Z) 0107d Aq paisanba4 suopewasaid pue sasAfeue Ja1-110 suolleoiun w woo+g Anginal tisAteue paiete4 law° lump pue weal g1iM mow IsisAleue;o swag.] alnq9lsi0 1 slsAieue io %mai nnamaa sisAleue io sllnsai azuewwng I. spAieue pue ppm to Anginal ioquoo /Saw p sisAieue wmpad pue lapow lepueuli ezniewd sindw iapow alepdn pazAleue aq o1 seem Ai!misuse Alquepl t y ,.S y,"'S"'d y �+SQ` i�' tn' �-yAt,E Q ✓ ,,Syyl "p{ 'it 'R ....._XY... 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AGewwns Maiaej I 0'£ spodaJ kiewwns geld ta6pnq pue mid >tJonn pafoid eituN (OH AIlegualod pue '46-Ns) suoge;uesaid pue s6ugauq s6uneatu leuomppy • • • AGENDA ITEM 9 • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: September 28, 2009 TO: Plans and Programs Committee FROM: Robert Yates, Multimodal Services Director THROUGH: John Standiford, Deputy Executive Director SUBJECT: Public Transportation Modernization, Improvement, and Service Enhancement Account Funds to Public Transit Operators STAFF RECOMMENDATION: This item is for the Committee to: 1) Adopt Resolution No. 09-016, "Resolution of the Riverside County Transportation Commission for the Purpose of Applying and/or Accepting Grants Awarded to the Commission's Rail Program from the Proposition 1B - Public Transportation Modernization, Improvements, and Service Enhancement Account Program "; 2) Allocate FY 2008/09 Public Transportation Modernization, Improvement, and Service Enhancement Account (PTMISEA) funds as follows: • $178,536 to the city of Banning; • $120,000 to the city of Beaumont; • $312,552 to the city of Corona; • $1,500,000 to the city of Riverside; • $2,828,307 to the Commission's Commuter Rail Program; • $140,067 to the Palo Verde Valley Transit Agency (PVVTA); • $2,700,735 to Riverside Transit Agency (RTA); • $2,273,111 to SunLine Transit Agency (SunLine); 3) Approve budget adjustments to increase revenues and other financing sources for a net total of $685,000 and transfers out by $729,000; 4) Amend the Commission's Rail Program FY 2009/10 Short Range Transit Plan (SRTP) to reflect the Proposition 1 B funds of $870,637 for the La Sierra Multimodal Station Project; and 5) Forward to the Commission for final action. BACKGROUND INFORMATION: The PTMISEA was created by Proposition 1 B, the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006. Of the $19.925 billion available to transportation, $3.6 billion dollars was allocated to PTMISEA for transit operators over a 10-year period. PTMISEA funds may be used for transit rehabilitation, safety or modernization improvements, capital service Agenda Item 9 131 enhancements or expansions, new capital projects, bus rapid transit improvements, or rolling stock (buses and rail cars) procurement, rehabilitation or replacement. Projects funded from the PTMISEA will help advance the state's policy goals of providing mobility choices for all residents, reducing congestion, and protecting the environment. Funds in this account are appropriated annually by the Legislature to the State Controller's Office (SCO) for allocation in accordance with the Public Utilities Code formula distribution: 50% allocated to local operators based on fare -box revenue and 50% to regional entities based on population. Ca!trans is responsible for the PTMISEA program. Due to the current fiscal state, California bond funds have not been sold regularly. Projects approved for funding will receive their request when funding from bond sales become available. DISCUSS/ON: On October 10, 2008, the SCO released final revenue projections for the FY 2008/09 PTMISEA program, with Riverside County slated to receive approximately $10 million. Table 1 shows PTMISEA funding by apportionment area as well as the split between non -discretionary (allocated to a specific transit operator) and discretionary funds (allocated to an apportionment area based on population within Riverside County).' Table 1 - PTMISEA Funding by Apportionment Area FY 2008/09 Western Coachella Palo Verde Total z },y Riverside Valley Valley City of Banning City of Beaumont City of Corona City of Riverside Riverside Transit Agency RCTC's Commuter Rail 6,659 4,040 14,512 13,108 381,014 473,198 Bus Services: 78% Rail Services: 22% 6,747,599 5,263,127 1,484,472 1,868,691 134,784 8,751,074 $ 7,640,130 $ 2,273,111 $ 140,067 $10,053,308 Six transit operators, including the Commission's Commuter Rail Program, in the Western Riverside apportionment area are allocated non -discretionary funding totaling $892,531. In Western Riverside, the discretionary pool is shared between Population Source: California Department of Finance, Demographic Research Unit (1/1/07) Agenda Item 9 • 132 • • • bus and rail services (78/22 percent respectively). Since SunLine and PVVTA are the sole transit operators in their apportionment areas, non -discretionary and discretionary funds are allocated entirely to each agency. In November 2008, Commission staff notified transit operators of PTMISEA funding and requested each agency to submit projects to Caltrans based on fleet replacement/expansion needs, new construction or rehabilitation needs, and their ability to encumber funds in a timely manner. Funds must be allocated by June 2010 and available for encumbrance and liquidation until June 2014. Western Riverside Apportionment Area In Western Riverside, the Commission's Commuter Rail Program is requesting $473,198 to cosponsor a Los Angeles County Metropolitan Transportation Authority (Metro) project to rehabilitate three Southern California Regional Rail Authority (SCRRA) locomotives. This is a joint project of the SCRRA member commissions with contributions by Metro ($1,024,848), Orange County Transportation Authority ($1,256,079), the Commission ($473,198), San Bernardino Associated Governments ($870,475), and Ventura County Transportation Commission ($275,400). The Commission's Commuter Rail Program also requested $800,000 to fund improvements to the Perris Valley Multimodal Facility and $684,472 for the Station Rehabilitation and Renovation Plan. As indicated in Table 2, the Commission also received requests from the cities of Banning, Beaumont, Corona, and Riverside as well as RTA. These requests can be accommodated through use of non -discretionary and discretionary PTMISEA funds. The city of Banning plans to purchase two dial -a -ride replacement vehicles; the city of Beaumont plans to purchase and install security cameras with surveillance equipment; the city of Corona plans to procure four medium -size, light -duty vehicles, while the city of Riverside intends to construct a new CNG fleet bay. RTA is requesting approximately $1.9 million to fund a solar panel power system at its Riverside transit facility and $800,000 to fund the installation of approximately 52 fareboxes and a data collection system. While the RTA Board has not yet formally approved the farebox project, the staff recommendation is for the Commission to approve the project in anticipation of an approval by the RTA Board expected later in October. The staff recommendation for the bus transit category also includes an approval of a request in the amount of $870,637 to the Commission's Commuter Rail Program for the construction of the La Sierra Multimodal Station project. This project intends to place a bus facility and park and ride lot on the unused portion of the La Sierra property owned by the Commission. Given that this project will be constructed at an existing Metrolink station, the Commissions' Commuter Rail Agenda Item 9 133 Program is overseeing the planning (with input from RTA) of the facility along with both its design and construction. Transit Operator Capital Request Prop 1B Funds Total Non -Discretionary Discretionary City of Banning 2 Dial -A -Ride Vehicles Security Cameras 4-Medium-size Buses Fleet Bay $ 6,659 $ 171,877 $� 178,536 City of Beaumont 4,040 115,960 120,000 City of Corona 14,512 298,040 312,552 City of Riverside 1,486,892 1,500,000 Riverside Transit Agency Solar Panels _13,108 381,014 1,519,721 1,900,735 Riverside Transit Agency 52 Fareboxes/System - 800,000 800,000 RCTC: Commuter Rail La Sierra Expansion - 870,637 870,637 Subtotal -Bus 419,333 5,263,127 5,682,460 800,000 684,472 RCTC: Commuter Rail - SC_RRA Locomotive Perris Multimodal�--�� Rehabilitation Plan 473,198 - — --- 473,198 800,000 684,472 Subtotal -Rail 473,198 1,484,472 1,957,670 Total (Bus & Rail) $ 892,531 $ 6,747,599 $ 7,640,130 Ca!trans requires a resolution to be submitted indicating who has authority to act on behalf of the agency. Attachment 1 is Resolution No. 09-016 to appoint the Executive Director and/or the Rail Manager to act on behalf of the Commission for the purpose of applying for and/or accepting grants awarded to the Commission's Rail Program. This resolution is necessary to successfully complete the grant submittal process. Coachella Valley Apportionment Area SunLine has requested approximately $2.27 million to purchase five expansion buses (as shown in Table 3), which will be used in providing fixed route transit service. Transit Operator Capital Request Prop 1 B Funds Non -Discretionary Discretionary Total SunLine Transit Agency 5 Full-size Buses $ 404,420 $ 1,868,691 $ 2,273,111 Total $ 404,420 $ 1,868,691 $ 2,273,111 Agenda Item 9 • 134 • • Palo Verde Valley Apportionment Area PVVTA has requested $140,067 for construction of a transit facility that will centralize all operational departments, storage of vehicles and supplies (as shown in Table 4). Transit Operator Capital Request Prop 1 B Funds Non -Discretionary Discretionary Total Palo Verde Valley Transit Agency Total Financial Impact Transit Facility $ 5,283 $ 5,283 $ 134,784 $ 134,784 $ 140,067 $ 140,067 Since the funds are directly allocated to the project sponsor, the only financial impact to the Commission is for the allocation of funds to the Commuter Rail Program in Riverside County, estimated at $2.8 million which is comprised of discretionary and non -discretionary funds per Sections 8879.55(a)(2) and 8879.55 (a)(3). The $473,158 of funds related to the locomotive rehabilitation will not be received by the Commission but will be received directly and accounted for by Metro. Approximately $2.4 million of these funds have been included in the current FY 2009/10 Commission budget; however, a budget transfer of $685,000 from the La Sierra Multimodal Station project to the Station Rehabilitation and Renovation Plan is necessary. Additionally, the La Sierra Multimodal Station project Proposition 1 B budgeted revenues should be reduced by an additional $44,000 to approximately $871,000, reflecting the approved funding. In order to replace the Proposition 1 B funds included in the FY 2009/10 budget, staff proposes to transfer $729,000 of 1989 Measure A Commuter Assistance funds to the La Sierra Multimodal Station project. This item also requires an amendment to the Commission's Rail Program FY 2009/10 SRTP to reflect the Proposition 1 B funds of $870,637 for the La Sierra Multimodal Station project. Attachment 2 is a summary of recommended Prop 1 B-PTMISEA fund distribution by operator. Financial Information In Fiscal Year Budget: Yes/No Year: FY 2009/10 Amount: $2,355,100 Source of Funds: Prop 1 B Funds Budget Adjustment: Yes GLA No.: 265 33 41510 003809 ($729,000) 221 33 41510 004011 $685,000 265 33 59001 003809 $729,000 Fiscal Procedures Approved: \i.ifiA,,1 Date: 09/23/09 Agenda Item 9 135 Attachments: 1) Resolution No. 09-016 2) Recommended Prop 1 B-PTMISEA Fund Distribution By Operator Agenda Item 9 • 136 ATTACHMENT 1 RESOLUTION NO. 09-016 RESOLUTION OF THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION FOR THE PURPOSE OF APPLYING AND/OR ACCEPTING GRANTS AWARDED TO THE COMMISSION'S RAIL PROGRAM FROM THE PROPOSITION 1 B — PUBLIC TRANSPORTATION MODERNIZATION, IMPROVEMENT, AND SERVICE ENHANCEMENT ACCOUNT PROGRAM WHEREAS, the State Controller's Office requires a resolution regarding appointing individuals to act on behalf of the Riverside County Transportation Commission's Commuter Rail Program related to the FY 2008/09 Proposition 1 B- Public Transportation Modernization, Improvements, and Service Enhancement Account Funds - Commuter Rail Program. NOW, THEREFORE IT BE RESOLVED, that the Board of Directors of the Riverside County Transportation Commission hereby finds that the Executive Director and/or Rail Manager are hereby authorized to execute for and on behalf of the Riverside County Transportation Commission, a public entity established under the laws of the State of California, any actions necessary for the purpose of obtaining FY 2008/09 Proposition 1 B Public Transportation Modernization, Improvements, and Service Enhancement Account Funds provided by the State Controller's Office. APPROVED AND ADOPTED this 14`" day of October, 2009. Robert E. Magee, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 137 • • ATTACHMENT 2 FY 2008/09 Prop 1 B (PTMISEA Program) Funding Allocation Capital Funding Available vs. Request 8879.55(a)(3) Non -Discretionary Y. 8879.55(a)(2) Discretionary Proposed Project Cost •.<. Available Use Balance Available Use Balance Western Riverside Apportionment Area 6,747,599 City of Banning 178,536 6,659 6,659 171,877 City of Beaumont 120,000 4,040 4,040 - 115,960 City of Corona 312,552 14,512 14,512 298,040 City of Riverside 1,500,000 •, 13,108 13,108 - 1,486,892 Riverside Transit Agency 2,700,735 381,014 381,014 2,319,721 RCTC Commuter Rail 2,828,307 ,, 473,198 473,198 _ 2,355,109 Subtotal 7,640,130 892,531 892,531 - ,. 6,747,599 6,747,599 SunLine 2,273,111 404,420 404,420 - + �n 1,868,691 1,868,691 - PVVTA 140,067 `, 5,283 5,283 - 134,784 134,784 - TOTAL 10,053,308.',`` 1,302,234 1,302,234 - 8,751,074 8,751,074 - 138 AGENDA ITEM 10 • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: September 28, 2009 TO: Plans and Programs Committee FROM: Josefina Clemente, Transit Manager THROUGH: Robert Yates, Multimodal Services Director SUBJECT: Federal Fiscal Year 2009 Federal Transit Administration's Section 5310 Capital Grant Applications STAFF RECOMMENDATION: This item is for the Committee to: 1) Adopt the Federal Fiscal Year 2009 Federal Transit Administration's (FTA) Section 5310 Riverside County project rankings as recommended by the Local Review Committee; 2) Include the projects in the Regional Transportation Improvement Plan (RTIP); 3) Certify by Resolution No. 09-018, "Resolution of the Riverside County Transportation Commission Certifying Project Consistency with Regional Transportation Plan", that the projects are derived from a locally developed, coordinated public transit -human services transportation plan; and 4) Forward to the Commission for final action. BACKGROUND INFORMATION: In February 2009, Ca!trans issued a call for projects to social service and public agencies for the FFY 2009 FTA Section 5310 Elderly and Disabled Specialized Transit Program. This program provides capital assistance to private non-profit organizations and under certain conditions, public agencies in urbanized and rural areas for transportation services designed to meet the special needs of elderly and persons with disabilities when existing mass transportation services are unavailable, insufficient or inappropriate. Program funds are apportioned among the states by a formula that is based on the number of elderly and persons with disabilities in each state according to the latest available U.S. census data. Each state is responsible for selecting local projects through a statewide competition. Projects funded by the Section 5310 program require coordination with other federally -assisted programs in order to make the most efficient use of federal resources. Program funds may be used to provide up to 88.53% federal share of the capital cost and requires at least 11.47% in local match. Agenda Item 10 139 For the state of California, approximately $12.6 million is available for programming for the FFY 2009 grant cycle. This represents about 4% increase from last year's funding amount of $12.1 million. During the FFY 2008 funding cycle, Riverside County requested approximately one million from Section 5310. Of that requested amount, about $374,500 in project proposals was funded for six agencies. Local review committees in each county quantitatively evaluate all applications submitted for their area, rank them using state -mandated criteria, and submit a regional priority list to Caltrans. The Commission's evaluation committee for this year after putting out a public request for volunteers was comprised of a member of the Citizens Advisory Committee/Social Services Transportation Advisory Council (CAC/SSTAC), one AMMA consultant staff and one Commission staff. The scoring criteria used to evaluate Section 5310 project proposals is as follows: CALTRANS' EVALUATION CRITERIA Points Ability of the Applicant 32 Coordination Planning (12 pts.) and Coordinated Use of Vehicles (6 pts.) 18 Transportation Service (Replacement, Expansion or Other Equipment) 20 Service Effectiveness 30 Total Points Available to Evaluate FTA Sec 5310 Project Applications 100 A total of eight agencies located in Riverside County submitted grant applications requesting $1,377,484 in total funding for 27 projects that include 15 replacement and six expansion vehicles, wheelchair restraints, bridge jacks, mobile radios and new computer equipment. Following a preliminary scoring earlier this summer, Commission staff worked with each applicant agency to improve their scores for the statewide competitive process. Attachment 2 summarizes the Local Review Committee's (LRC) proposed Regional Priority List (showing the regional scores) which was forwarded to Caltrans prior to the September 8, 2009 project submission deadline. This list will become final pending Commission approval of the staff recommendation along with the Commission's Board Resolution. All applicants have been notified of the LRC project scores and were given the opportunity to appeal. No appeals have been received. Caltrans is due to release the statewide results in November 2009 and it is anticipated that the California Transportation Commission (CTC) will adopt the final list of funded projects in January 2010. Upon final grant awards by the CTC, the Commission will include the FTA funded projects in the FY 2009/10 RTIP. The Commission is also required to certify by resolution that the projects are derived from the locally developed Coordinated Public Transit -Human Services Transportation Plan. The Commission published the Coordinated Plan in April 2008 Agenda Item 10 • 140 • for use as a resource for Section 5310 as well as Section 5316 Job Access and Reverse Commute and Section 5317 New Freedom program applicants. There is no impact to the Commission budget as Ca!trans disburses the Section 5310 funds directly to the recipients. Attachments: 1) Resolution No. 09-018 2) Proposed Regional Priority List Agenda Item 10 141 Attachment 1 RESOLUTION NO. 09-018 RESOLUTION OF THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION CERTIFYING PROJECT CONSISTENCY WITH REGIONAL TRANSPORTATION PLAN WHEREAS, the Local Review Committee of Riverside County ("Committee") is charged with reviewing applications for Federal Transit Administration's Section 5310 funding for transportation services to meet the needs of seniors and persons with disabilities for whom public transportation services are otherwise unavailable, insufficient or inappropriate; and WHEREAS, the Committee has received requests for 27 projects from eight agencies in Riverside County; and and WHEREAS, the Committee has scored and ranked each such request; WHEREAS, the Riverside County Transportation Commission ("Commission"), as the Regional Transportation Planning Agency ("RTPA"), adopted the scores and ranking of the applications as determined by the Committee; and WHEREAS, the Section 5310 process, as interpreted in Federal Transit Administration Circular 9070.1 F, Section 4, requires the RTPA to include in the Regional Transportation Improvement Program each request awarded Section 5310 funding by Caltrans and to certify by resolution that the evaluated projects are derived from a locally developed, coordinated public transit -human services transportation plan. NOW, THEREFORE, the Commission does hereby certify and resolve as follows: Section 1. The Commission has determined that the locally evaluated projects approved by the Committee for Section 5310 funding are derived from the Riverside County Public Transit - Human Services Transportation Coordinated Plan (adopted by the Commission on April 9, 2008). 142 • Section 2. Each of the projects awarded Section 5310 funding by Caltrans will be included in the Regional Transportation Improvement Program adopted for Riverside County. APPROVED AND ADOPTED this 14th day of October, 2009. Robert E. Magee, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 143 • • RIVERSIDE COUNTY, Regional Priority List for FTA Section 5310 Applications (FFY 2009 Cycle) • ATTACHMENT Project Request It Replacement Vehicle- VIN Sect 1 (Max 32pts) Sect 17 (Max 18pts)._ Sect III (Max 20pts) Sect IV (Max 30pts) a i,t aX Total Project Cost Federal Share @ 88.53% Local Match I Angel View- Wheel Chair Restraints (20) 32 18 20 22 ,w =' $15,000 $13,280 @ 11.47% $1,721 2 Angel View- Large Bus (Type IIIA) SE 32 18 19 22 `r 71,500 63,299 8,201 3 MFI Recovery Center, Inc. - Medium Bus (Type IIB) SE 28 15 20 28 70,000 61,971 8,029 4 Mountain Shadows - Large Bus (Type 111A) SE 31 16 14 30 71,500 63,299 8,201 5 Mountain Shadows- Wheel Chair Restraints (12) 31 16 14 30 3,840 3,400 440 6 Mountain Shadows - Large Bus (Type IIIA) SE 31 16 12 30 i - 71,500 63,299 8,201 7 Valley Resource- Small Bus (Type IA) 69053 30 18 20 21 57,000 50,462 6,538 8 Valley Resource- Medium Bus (Type IIA) 30788 30 18 20 21 66,000 58,430 7,570 9 Valley Resource- Computer Package 30 18 18 21 1,132 1,002 130 10 Valley Resource- Computer Package 30 18 16 21 1,132 1,002 130 11 Peppermint Ridge -Small Bus (Type 1B-Chev) 54381 31 16 20 15 64,000 56,659 7,341 12 Peppermint Ridge -Mobile Radio 31 16 20 15 1,000 885 115 13 Care Connexxus - Small Bus (Type IB-Chev) 61685 32 16 20 12 3 64,000 56,659 7,341 14 Care Connexxus - Large Bus (Type IIIA) 93107 32 16 20 12 r 4' 71,500 63,299 8,201 15 DesertArc - Large Bus (Type IIIA) 3126 30 17 20 12 71,500 63,299 8,201 16 DesertArc - Large Bus (Type IIIA) 58685 30 17 20 12 71,500 63,299 8,201 17 DesertArc - Large Bus (Type IIIA) 99401 30 17 20 12 71,500 63,299 8,201 18 DesertArc- Large Bus (Type IIIA) 94403 30 17 20 12 +' 71,500 63,299 8,201 19 Valley Resource - Small Bus (Type IA) 63016 30 18 10 21 57,000 50,482 6,538 20 Valley Resource - Small Bus (Type IA) 63017 30 18 10 21 _ 57,000 50,462 6,538 21 Valley Resource - Medium Bus (Type IIA) 41058 30 18 10 21 66,000 58,430 7,570 22 Valley Resource- Minivan (Type IV) SE 30 18 10 21 7 48,000 42,494 5,506 23 Care -A -Van Transit- Minivan (Type IV) 42122 25 18 15 19 48,000 42,494 5,506 24 Care -A -Van Transit- Small Bus (Type IB-Chev) SE 25 18 15 19 64,000 56,659 7,341 25 Peppermint Ridge - Bendpak Rolling Bridge Jacks (2) 31 16 15 15 c 2,880 2,550 330 26 Valley Resource- Minivan (Type IV) 4093 30 18 5 21 48,000 42,494 5,506 27 Valley Resource - Large Bus (Type IIIA) 70016 30 18 5 21 _ {' 71,500 63,299 8,201 TOTAL$., `, $1`,377,484 $1,219,487 ; 5157,997 144 AGENDA ITEM 11 • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: September 28, 2009 TO: Plans and Programs Committee FROM: Henry Nickel, Staff Analyst THROUGH: Sheldon Peterson, Rail Manager SUBJECT: Commuter Rail Program Update STAFF RECOMMENDATION: This item is for the Committee to: 1) Receive and file an update on the Commuter Rail Program; and 2) Forward to the Commission for final action. BACKGROUND INFORMATION: Inland Empire -Orange County Weekend Service Performance 4200 — 3500 — MO — 2100 — 1400 — 700 — 0 41 FY 09110 Last Year IEOC Weekend Passenger Trips .P.CurrentYear 00 00 00 00 0 0 000 0V) 'V) ) V) V00 .0 .>0 J0 .0 y Ni; NW. (VtiP �Q ^�P ��P 00P' Daily passenger trips on the year-round Inland Empire -Orange County (IEOC) Metrolink weekend service have continued to grow into the first quarter, providing 10,734 trips and 25,107 total passenger trips for FY 09/10. This is an increase of 14.04% over the 22,015 trips provided in FY 08/09. The success of this service is due in large part to the coordinated marketing efforts among the Commission, Orange County Transportation Authority (OCTA), and San Bernardino Associated Governments. Most responsibilities for marketing of the service have transitioned to Metrolink, including revised seat drops, branding, and consolidation of the various weekend services under a single promotional umbrella. Agenda Item 11 145 Riverside Line 6,000 5,600 ,, 5,200 O 4,800 4,400 4,000 Passenger Trips Riverside Line �AAq) m4 jgh (.>' oaA� ec, ac 8NCr mV V a�A� o<<- J�A� Month Daily weekday passenger trips on Metrolink's Riverside Line for the month of August averaged 4,753, a decrease of 126, 3% less than the month of July. Compared to one year prior, the line averaged an overall daily decrease of 584 passenger trips. This is nearly 11 % less than a year ago. On Time Performance (95% Goal) Riverside Line 100 m 95 a 90 .. co 85 1_ 80 co a. 75 70 0o o`� oo Ao 00 00 00 00 00 00 op opP�4r �eQ O6w boa Oea sac <4eo \V"S Os'40 s.P '0 Pig Month August on -time performance averaged 100% inbound (2% more than July) and 98% outbound (3% more than July). There was one delay greater than five minutes during the month of August. The following are primary causes: Agenda Item 11 Signals/Track/MOW Dispatching Mechanical Operations 1 1 0 0 50% 50% 0% 0% TOTAL • 146 • Inland Empire -Orange County Line 5,600 5,000 4.400 3,800 3,200 2,600 Passenger Trips Inland Empire Orange County Line Month Daily weekday passenger trips on Metrolink's IEOC Line for the month of August averaged 3,918, an increase of 50, 1 % more than the month of July. Compared to one year prior, the line averaged an overall daily decrease of 1,275 passenger trips. This is nearly 25% less than a year ago. On Time Performance (95% Goal) Inland Empire Orange County Line 100 y 85 80 O. 75 70 5)% Ocp, 6,2) O55 O� O°j O§' O°' O4:6 Oc%5 4°' 00 O°' geQ 0 �- , 0 lac ?<° �a pQt �a� �o ��� Po°i Month August on -time performance averaged 98% inbound (3% more than July) and 93% outbound (2% less than July). There were 12 delays greater than five minutes during the month of August. The following are primary causes: Agenda Item 11 Signals/Track/MOW Dispatching Mechanical Operations 2 7 6 0% 13% 47% 40% TOTAL 147 91 Line 2,800 2,600 o. 2,400 r- c 2,200 2,000 1,800 Passenger Trips 91 Line 00 �0 0 0 0PJ� { OCR +o, O°G` y Oo' O°' 0 0 0 Doi 0°3 (C0b ��t P'" for' �, Pig Month Daily weekday passenger trips on Metrolink's 91 Line for the month of August averaged 2,042, a decrease of 24, 1 % less than the month of July. Compared to one year prior, the line averaged an overall daily decrease of 361 passenger trips. This is nearly 15% less than a year ago. 100 a+ 95 sT aa+ 90 w 85 i 80 m a 75 70 On Time Performance (95% Goal) 91 Line 00 00 0 00 00 00 00 00 0 00 00 00 �0 v. �eQ 0 ��, Om� ,ac <ea fat P4c 47) �J� �J�' ��A Month August on -time performance averaged 93% inbound (2% less than July) and 99% outbound (2% more than July). There were three delays greater than five minutes during the month of August. The following are primary causes: Agenda Item 11 Signals/Track/MOW Dispatching Mechanical Operations 0 4 1 2 0% 57% 14% 29% TOTAL • 148 • Connecting Transit Service Performance The Commission's role facilitating interconnectivity between Metrolink and connecting transit services is essential to ongoing system viability. Such services address the needs of transit dependent riders as well as help mitigate congestion and the necessity for expensive parking capacity at the Commission stations. The Commission is working to improve the efficiency and effectiveness of transit connections. In order to meet these requirements, the Commission has worked with Metrolink and local transit operators to offer connecting services to and from Riverside County Metrolink stations at no cost for those with valid Metrolink tickets. Within Riverside County, services include free transfers to routes operated by Riverside Transportation Agency (RTA), RTA's Commuter Link service and Corona Cruiser. The following graphs show total monthly Metrolink transfer passenger trips on each of the three services. Passenger Trips RTA Fixed Route 3.503 s.000 2,500 g 2.000 et 1.500 1.000 " 11)0/�> Monthly Metrolink transfer trips on RTA's connecting fixed routes 11, 3, 15, 16, 21, 29, and 38) totaled 2,681 for the month of August, a increase of 54 trips, and 2.06% less than the month of July. Monthly trips decreased by 561 or-17.30% over the year. Agenda Item 11 149 Passenger Trips RTA Commuter Link 10,000 9,0W b 8,000 7,000 8,000 5.000 4,000 0e12, 01P :40; 0; 41; 0!5 Month Monthly Metrolink transfer trips on RTA's Commuter Link routes (202, 204, 206, 208, 210 and 212) totaled 5,788 for the month of August, an increase of 153 trips, and 2.72% less than the month of July. Monthly trips have decreased by 2,841 or-32.92% over the year. 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