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06 June 28, 2010 Western Riverside County Programs and Projects89501 RECORDS RIVERSIDE COUNTY TRANSPORTATION COMMISSION WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE MEETING AGENDA TIME: 1:30 p.m. DATE: Monday, June 28, 2010 LOCATION: BOARD ROOM County of Riverside Administrative Center 4080 Lemon Street, First Floor, Riverside • � COMMITTEE MEMBERS .0.*, Karen Spiegel, Chair / Steve Nolan, City of Corona Bonnie Flickinger, Vice Chair / Jesse Molina, City of Moreno Valley Bob Botts / Don Robinson, City of Banning Wallace Edgerton / Darcy Kuenzi, City of Menifee Malcolm Miller / Kathy Azevedo, City of Norco Daryl Busch / Al Landers, City of Perris Steve Di Memmo / Vacant, City of San Jacinto Scott Farnam / Bridgette Moore, City of Wildomar Bob Buster, County of Riverside, District I Marion Ashley, County of Riverside, District V %P- STAFF �► Anne Mayer, Executive Director John Standiford, Deputy Executive Director W.• AREAS OF RESPONSIBILITY .0%0 Air Quality, Capital Projects, Communications and Outreach Programs, Congestion Management Program (CMP), Intermodal Programs, Motorist Services (ie. SAFE/Freeway Service Patrol), New Corridors, Regional Agencies/Regional Planning, Regional Transportation Improvement Program (RTIP), State Transportation Improvement Program (STIP), and Transportation Uniform Mitigation Fee (TUMF) Program related to Western Riverside County and other areas as may be prescribed by the Commission. Comments are welcomed by the Committee. If you wish to provide comments to the Committee, please complete and submit a Speaker Card to the Clerk of the Board. 11.36.54 • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE www.rctc.orq AGENDA* *Actions may be taken on any item listed on the agenda 1:30 p.m. Monday, June 28, 2010 BOARD ROOM County Administrative Center 4080 Lemon Street, First Floor Riverside, California In compliance .with the Brown Act and Government Code Section 54957.5, agenda materials distributed 72 hours prior to the meeting, which are public records relating to open session agenda items, will be available for inspection by members of the public prior to the meeting at the Commission office, 4080 Lemon Street, Third Floor, Riverside, CA, and on the Commission's website, www.rctc.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 /east 48 hours prior to meeting time will assist staff in assuring that reasonable arrangements can be made to provide accessibility at the meeting. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. PUBLIC COMMENTS - Each individual speaker is limited to speak three (3) continuous minutes or less. The Committee may, either at the direction of the Chair or by majority vote of the Committee, waive this three minute time limitation. Depending on the number of items on the Agenda and the number of speakers, the Chair may, at his/her discretion, reduce the time of each speaker to two (2) continuous minutes. Also, the Committee may terminate public comments if such comments become repetitious. In addition, the maximum time for public comment for any individual item or topic is thirty (30) minutes. Speakers may not yield their time to others without the consent of the Chair. Any written documents to be distributed or presented to the Committee shall be submitted to the Clerk of the Board. This policy applies to Public Comments and comments on Agenda items. Western Riverside County Programs and Projects Committee June 28, 2010 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 — MAY 24, 2010 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 TRAFFIC AND.REVENUE STUDY SERVICES Overview This item is for the Committee to: Page 1 1) Award Agreement No. 10-31-099-00 to Stantec Consulting Services, Inc. (Stantec) to provide an investment -grade traffic and revenue study for the SR-91 Corridor Improvement Project (SR-91 CIP). At this time, the contract is still in negotiations and staff expects to bring a final contract to either the Committee or the Commission meeting; 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; 3) Authorize the Executive Director to approve contingency work up to the total not to exceed amount as required for the agreement; and 4) Forward to the Commission for final action. • • • Western Riverside County Programs and Projects Committee June 28, 2010 Page 3 8. AMENDMENT TO AGREEMENT FOR ON -CALL STRATEGIC PARTNERSHIP ADVISOR SERVICES WITH KPMG CORPORATE FINANCE, LLC Overview This item is for the Committee to: Page 5 1) Approve Agreement No. 06-66-026-08, Amendment No. 7 to Agreement 06-66-026-00, for toll feasibility and strategic partnership advisor services with KPMG Corporate Finance, LLC (KPMG) for the Interstate 15 Corridor Improvement Project (I-15 CIP) for the amount of $ 250, 000; 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. 9. AGREEMENT WITH SOUTHSTAR ENGINEERING & CONSULTING, INC. FOR CONSTRUCTION MANAGEMENT SERVICES AND COOPERATIVE AGREEMENT WITH CALTRANS FOR CONSTRUCTION OF THE INTERSTATE 215 WIDENING PROJECT FROM MURRIETA HOT SPRINGS ROAD TO SCOTT ROAD, NORTH OF THE CITY OF MURRIETA Page 15 Overview This item is for the Committee to: 1) Award Agreement No. 10-31-079-00 to Southstar Engineering & Consulting, Inc. (Southstar) to perform construction management (CM) services, materials testing, and construction surveying for the 1-215 widening, Murrieta Hot Springs Road to Scott Road project, in the city of Murrieta, for the base amount of $4,097,564, plus a contingency amount of $402,436, for a total not to exceed amount of $4.5 million; 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; 3) Authorize the Executive Director to approve contingency work as may be required for the project; 4) Approve the Cooperative Agreement No. 10-31-110-00 with Caltrans for construction of the project; 5) Authorize the Executive Director, pursuant to legal counsel review, to execute the cooperative agreement and future non -funding related amendments to this agreement; and 6) Forward to the Commission for final action Western Riverside County Programs and Projects Committee June 28, 2010 Page 4 10. AGREEMENT WITH HDR ENGINEERING INC. FOR CONSTRUCTION • MANAGEMENT SERVICES FOR THE PERRIS VALLEY LINE PROJECT Page 83 Overview This item is for the Committee to: 1) Award Agreement No. 10-31-058-00 to HDR Engineering Inc. (HDR), pending completion of negotiations, to provide construction management (CM) services for the Perris Valley Line (PVL) project in the amount to be agreed upon between the Commission and HDR at the end of negotiations; 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; 3) Authorize the Executive Director to approve contingency work up to the total not to exceed amount as requested for the project; 4) Authorize the Executive Director, pursuant to legal counsel review, to execute related utility and other local agency agreements necessary for the design and construction of the project; and 5) Forward to the Commission for final action. 11. FISCAL YEAR 2010/11 AGREEMENTS FOR REGIONAL RIDESHARE SERVICES • Page 87 Overview This item is for the Committee to: 1) Award Agreement No. 10-41-029-01, Amendment No. 1 to Agreement No. 10-41-029-00, with the San Bernardino Associated Governments (SANBAG) as part of the Commission's continuing bi- county partnership with SANBAG to deliver commuter/employer rideshare services, regional ridematching services, and operation of an Inland Empire 511 system for FY 2010/11; 2) Award Agreement No. 07-41-115-02, Amendment No. 2 to Agreement No. 07-41-115-00, with Orange County Transportation Authority (OCTA) and Agreement No. 06-41-082-05, Amendment No. 5 to Agreement No. 06-41-082-00, with the Ventura County Transportation Commission (VCTC) for regional ridematching services; 3) Authorize the Chair, pursuant to legal counsel review, to execute the agreements on behalf of the Commission; and 4) Forward to the Commission for final action. • • • • Western Riverside County Programs and Projects Committee June 28, 2010 Page 5 12. AGREEMENT WITH THE DEPARTMENT OF CALIFORNIA HIGHWAY PATROL FOR OPERATION OF THE CALL BOX SYSTEM Overview This item is for the Committee to: Page 98 1) Approve Agreement No. 10-45-109-00 with the California Highway Patrol (CHP) for the operation of the call box system for a three-year term, and one one-year option to extend the agreement in the amount of $ 15, 900; 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. 13. ITEM(S) PULLED FROM CONSENT CALENDAR AGENDA 14. COMMISSIONERS / STAFF REPORT Overview This item provides the opportunity for the Commissioners and staff to report on attended and upcoming meeting/conferences and issues related to Commission activities. 15. ADJOURNMENT AND NEXT MEETING The next Western Riverside County Programs and Projects Committee meeting is scheduled to be held at 1:30 p.m., Monday, July 26, 2010, Board Chambers, First Floor, County Administrative Center, 4080 Lemon Street, Riverside. RIVERSIDE COUNTY TRANSPORTATION COMMISSION WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE ROLL CALL June 28, 2010 Present Absent County of Riverside, District I 17 0 County of Riverside, District V O O t'y2 e.^'l- City of Banning /)71' 0 City of Corona 0 0 City of Menifee 0 City of Moreno Valley g 0 City of Norco X 0 City of Perris 0 City of San Jacinto 0 0 City of Wildomar gr 0 RIVERSIDE COUNTY TRANSPORTATION COMMISSION WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS SIGN -IN SHEET JUNE 28, 2010 NAME AGENCY E MAIL ADDRESS Q___)0(11 -r O del � L, _moo \.f 2-1-- A tNA t�1 , 6 '6 ds L kN � 1 Al a. le. (n,, (It < l j� /l o-zo . A:9 :v , /0-oil ' rt1414c ay.//�E • 7e-/ r/t w 6 6"Ne 714/--- 1/29‘ c---y 1/0 c. tit Pr R k o Ac 11(r m-it.-7 A vAI v.gtit r- crwr`t '4'1-- 60,11/,10-E. .LnCE2roij M,En) r,.E i� DA R y L. *--k 1-15 CA4 Fc r2R J s - AGENDA ITEM 5 • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE Monday, May 24, 2010 MINUTES 1. CALL TO ORDER The meeting of the Western Riverside County Programs and Projects Committee was called to order by Chair Karen Spiegel 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, Commissioner Bob Botts led the Western Riverside County Programs and Projects Committee in a flag salute. 3. ROLL CALL Members/Alternates Present Members Absent Marion Ashley Daryl Busch Bob Botts Bob Buster Steve Di Memmo Wallace Edgerton Scott Farnam Bonnie Flickinger Malcolm Miller Karen Spiegel 4. PUBLIC COMMENTS There were no requests to speak from the public. 5. APPROVAL OF MINUTES - APRIL 26, 2010 M/S/C Warnam/Flickinger) to approve the minutes of April 26, 2010, as submitted. Abstain: Miller RCTC WRC Programs and Projects Committee Minutes May 24, 2010 Page 2 6. ADDITIONS / REVISIONS There were no additions or revisions to this agenda. 7. DESIGNATION OF A LOCALLY PREFERRED ALTERNATIVE'F.OR THE STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT Khalid Bazmi, Toll Projects Manager, presented the designation of a locally preferred alternative for the SR-91 corridor improvement project (SR-91 CIP). Anne Mayer, Executive Director, discussed the advantages of designating a locally preferred alternative. At Commissioner Malcolm Miller's request, Khalid Bazmi clarified the project limits and the 91/15 interchange design elements. At Commissioner Buster's request, Khalid Bazmi provided additional information on project phasing. Anne Mayer noted that due to the cost and magnitude of the project, the Commission is deferring additional phases of the project until funding becomes available. M/S/C (Ashley/Farnam) to: 1) Designate Alternative 2, the General Purpose (GP) + Express Lanes alternative, as the Commission's locally preferred alternative for the SR-91 CIP; and 2) Forward to the Commission for final action. 8. AGREEMENT WITH LSA ASSOCIATES, INC. AND ICF INTERNATIONAL FOR ON -CALL ENVIRONMENTAL CONSULTING SERVICES Lisa DaSilva, Capital Projects Manager, presented a brief overview of the agreement with LSA Associates, Inc. and ICF International for on -call environmental consulting services. M/S/C (Farnam/DiMemmo) to: 1) Award the following agreements to provide on -call environmental consulting services for a three-year term in an amount not to exceed $600,000 each, for a total aggregate amount of $1,200,000: • • • • • RCTC WRC Programs and Projects Committee Minutes May 24, 2010 Page 3 a) Agreement No. 10-31-083-00 to LSA Associates, Inc; and b) Agreement No. 10-31-101-00 to ICF International; 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreements on behalf of the Commission; 3) . Authorize the Executive Director, to execute task orders awarded to these consultants under the terms of the agreements; and 4) Forward to the Commission for final action. 9. AMENDMENTS TO AGREEMENTS WITH DAVID EVANS & ASSOCIATES, PROJECT DESIGN CONSULTANTS, AND PSOMAS FOR ON -CALL RIGHT OF WAY ENGINEERING AND SURVEYING SERVICES Min Saysay, Right of Way Manager, presented an overview of the amendments to the agreements with David Evans & Associates, Project Design Consultants, and Psomas for on -call right of way engineering and surveying services. M/S/C (Farnam/Flickinger) to: 1) Approve the following agreements for on -call right of way engineering and surveying services for the aggregate amount of $450,000; a) b) No. 07-33-143-01, Amendment No. 1 to No. 07-33-143-00, with David Evans & No. 07-33-145-01, Amendment No. 1 to No. 07-33-145-00, with Project Design Consultants; and c) Agreement No. 07-33-144-02, Amendment No. 1 to Agreement No. 07-33-144-00, with Psomas; 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreements on behalf of the Commission; and 3) Forward to the Commission for final action. Agreement Agreement Associates; Agreement Agreement 10. PROPOSED METROLINK BUDGET FOR FISCAL YEAR 2010/11 Sheldon Peterson, Rail Manager, presented the proposed Metrolink budget for fiscal year 2010/1 1. Anne Mayer announced the new Metrolink CEO, John Fenton, will be attending the July Commission meeting. RCTC WRC Programs and Projects Committee Minutes May 24, 2010 Page 4 At Commissioner Bonnie Flickinger's request, Sheldon Peterson clarified the • fare policy changes. At Commissioner Botts' request, Sheldon Peterson discussed the issues regarding the use of inward -facing cameras as a safety -measure. In response to Commissioner Wallace Edgerton's question regarding an optimal farebox recovery ratio, Sheldon Peterson discussed various types of services and the corresponding farebox recovery ratios, noting the factors that influence those ratios. Anne Mayer discussed the equity issue between service types and how it will impact future service decisions. MIS/C (Farnam/Edgerton) to: 1) Adopt the preliminary FY 2010/11 Metrolink operating and capital budget; 2) Allocate the Commission's funding commitment to the Southern California Regional Rail Authority (SCRRA) in an amount not to exceed of $8 million including contingency, in Local Transportation Fund (LTF) funds for train operations and maintenance of way, and $1,224,700 for capital projects to be funded by Federal Transit Administration (FTA) Section 5307 funds; and 3) Forward to the Commission to final action. 11. AMENDMENT TO COMMISSION'S COMMUTER RAIL PROGRAM FISCAL YEAR 2006/07 AND FISCAL YEAR 2009/10 SHORT RANGE TRANSIT PLANS Henry Nickel, Staff Analyst, presented an overview of the amendment to the Commission's Commuter Rail Program FYs 2006/07 and 2009/10 short range transit plans. M/S/C (Farnam/Miller) to: 1) Amend the FY 2006/07 Short Range Transit Plan (SRTP) to reflect a reallocation of $4 million in Federal Transit Administration (FTA) Section 5307 program funds originally approved for the North Main Corona parking structure to the Perris Valley Line (PVL) project; 2) Amend the Commission's Commuter Rail Program's FY 2009/10 SRTP to reflect allocation of $9.975 million in FTA • • • • RCTC WRC Programs and Projects Committee Minutes May 24, 2010 Page 5 Section 5309 program funds and deobligation of $8.8 million in Local Transportation Fund (LTF) funds and $1.175 million in State Transit Assistance (STA) funds for the Southern California Regional Rail Authority (SCRRA) rail car procurement project and reduction of LTF Capital Improvement Program expenditures by $480,000; 3) Approve reductions to budgeted revenues and expenditures in the LTF, STA, Rail Operations, and Rail Capital funds; and 4) Forward to the Commission for final action. 12. FISCAL YEAR 2010/11 MEASURE A COMMUTER ASSISTANCE BUSPOOL SUBSIDY FUNDING CONTINUATION REQUESTS Jillian Edmiston, Staff Analyst, presented a brief overview of the FY 2010/11 Measure A commuter assistance buspool subsidy funding continuation requests. At Commissioner Botts request, Jillian Edmiston clarified the budget includes funding for two new buspools that staff will be working to develop along SR-91. M/S/C (Flickinger/DiMemmo) to: 1) 2) 3) Authorize payment of $1,645/month maximum per buspool for the period July 1, 2010 to June 30, 2011 to the existing Corona, Mira Loma, and Riverside buspools; Require subsidy recipients to meet monthly requirements as supporting documentation to and Forward to the Commission for final action. 13. - ITEM(S) PULLED FROM CONSENT CALENDAR AGENDA There were no items pulled from the consent calendar. 14. COMMISSIONERS / STAFF REPORT buspool reporting receive payments; 14A. Anne Mayer updated the Committee regarding the actions of the California Transportation Commission regarding the East Junction, 1-15 in Murrieta, and 1-10 Date Palm interchanges have all received funding and construction will begin this summer. RCTC WRC Programs and Projects Committee Minutes May 24, 2010 Page 6 15. ADJOURNMENT There being no further business for consideration by the Western Riverside County Programs and Projects Committee, the meeting was adjourned at 2:28 p.m. Respectfully submitted, jurveZ,431_,C.: a:taer.c14-,-- Jennifer Harmon Clerk of the Board • • • AGENDA ITEM 7 • • • RIVERS/DE COUNTY TRANSPORTATION COMM/SS/ON DATE: June 28, 2010 TO: Western Riverside County Programs and Projects Committee FROM: Michael Blomquist, Toll Program Director THROUGH: Anne Mayer, Executive Director SUBJECT: State Route 91 Traffic and Revenue Study Services STAFF RECOMMENDATION: This item is for the Committee to: 1) Award Agreement No. 10-31-099-00 to Stantec Consulting Services, Inc. (Stantec) to provide an investment -grade traffic and revenue study for the SR-91 Corridor Improvement Project (SR-91 CIP). At this time, the contract is still in negotiations and staff expects to bring a final contract to either the Committee or the Commission meeting; 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; 3► Authorize the Executive Director to approve contingency work up to the total not to exceed amount as required for the agreement; and 4) Forward to the Commission for final action. BACKGROUND INFORMATION: Project Description The SR-91 CIP is part of the Commission's 2009 Measure A Western County Highway 10-Year Delivery Plan. The SR-91 CIP will widen the SR-91 freeway with a new general purpose lane from Interstate 15 to the Orange County line, improve ramps and local interchanges throughout Corona, reconstruct portions of the 91 /15 interchange, and extend the existing 91 Express Lanes (toll lanes) into Riverside County. Project Funding Plan The proposed project funding plan consists of three key sources: 1) Toll Revenue Bonds - Issued by the Commission and repaid from net project revenues. 2) Transportation Infrastructure Finance and Innovation Act (TIFIA) Loan - Subordinate debt to the toll revenue bonds to be obtained by the Agenda Item 7 1 Commission from the US Department of Transportation TIFIA program and repaid from net project revenues. 31 Commission Contribution — To be funded by the Commission from Measure A sales tax revenues, both on a "pay-as-you-go" basis and through sales tax revenue commercial paper and bonds issued by the Commission. The successful sale of toll revenue bonds is dependent on many factors including the preparation of an investment -grade traffic and revenue study. This traffic and revenue study needs to support the Commission obtaining investment -grade toll revenue bond ratings from Moody's Investor Service (Moody's), Fitch Ratings (Fitch), and/or Standard & Poor's Rating Service (S+P). Selection Process A request for qualifications (RFQ) for consulting services associated with the development of an investment -grade traffic and revenue study for the SR-91 CIP was issued on May 11, 2010. The selection criteria in the RFQ included the following requirements and/or considerations: • Recent traffic and revenue studies that supported a bond issuer who has successfully obtained investment -grade toll revenue bond ratings from Moody's, Fitch, and/or S+P; • Recent experience in preparing traffic and revenue studies for high - occupancy toll or express lane projects; • Experience in performing work on projects of similar scope and complexity; • Knowledge of the SR-91 corridor, regional traffic, and adjoining toll facilities; and • Qualifications of project staff, particularly the project manager. Four firms—Halcrow Consulting, Inc. (Halcrow), Hatch Mott MacDonald, Stantec, and Wilbur Smith Associates — submitted statements of qualification (SOQ) prior to the June 3 deadline. An evaluation committee was appointed to review the SOQs received and to conduct firm interviews. The evaluation committee members included representatives from Commission staff and the SR-91 CIP's financial advisory and project construction management teams. Based on the committee's evaluation of written SOQ submittals, and pursuant to the terms of the RFQ, the committee shortlisted two of the four offerors and invited those firms to the interview portion of the evaluation and selection process. The short listed firms included: • Stantec • Wilbur Smith Associates Agenda Item 7 • • 2 • • • Interviews with the above -referenced firms were conducted on June 16 and after final scoring by the evaluation committee, Stantec was determined to be the most qualified among the two firms. The third and fourth most qualified firms were Halcrow and Hatch Mott MacDonald, respectively. Commission staff requested that Stantec submit a cost proposal and schedule of services for the development of an investment -grade traffic and revenue study for the SR-91 CIP. At this time, the contract is still in negotiations and staff expects to bring a final contract to either the Committee or the Commission meeting. Based on the foregoing evaluation process, staff recommends Stantec for contract award as it was determined to be the highest ranked firm among the four participating firms. Significant factors for this rating include the following: • Extensive and recent experience performing traffic and revenue studies both within the SR-91 corridor and throughout Southern California for the Commission, Orange County Transportation Authority, Transportation Corridor Agencies, San Bernardino Associated Governments, and San Diego Association of Governments; • Top notch, nationally -recognized experts in performing investment -grade traffic and revenue studies and experienced team assembled to provide services; • Superior understanding of the Commission's toll program, recent traffic and revenue study efforts for the Commission, and SR-91 corridor demand and pricing relationships; and • Ability to immediately commence investment -grade work by using the existing traffic and revenue model and related experience and resources. Staff Recommendation Staff recommends the Commission award Agreement No. 10-31-099-00 to Stantec to provide an investment -grade traffic and revenue study for the SR-91 CIP. At this time, the contract is still in negotiations and staff expects to bring a final contract to either the Committee or the Commission meeting. 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 to approve contingency work up to the total not to exceed amount as required for the agreement. Agenda Item 7 Financial Information In Fiscal Year Budget: Yes N/A Year: FY 2010/11 FY 2011/12 Amount: $TBD_ $ TBD Source of Funds: Commercia Paper and 2009 Measure A Budget Adjustment: No N/A GUProject Accounting No.: 003028 65520 00009 0000 262 31 65520 Fiscal Procedures Approved: \44,14,,0„1 Date: 06/16/10 Agenda Item 7 4 • AGENDA ITEM 8 • • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: June 28, 2010 TO: Western Riverside County Programs and Projects Committee FROM: Khalid Bazmi, 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. 06-66-026-08, Amendment No. 7 to Agreement 06-66-026-00, for toll feasibility and strategic partnership advisor services with KPMG Corporate Finance, LLC IKPMG) for the Interstate 15 Corridor Improvement Project (1-15 CIP) for the amount of $250,000; 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 CIPs is scheduled for 2011 and 2012, respectively, under separate agreements with engineering firms. During the last 18 months, KPMG has completed the following tasks: • Performed level one and level two toll feasibility analyses for the SR-91 CIP and level one toll feasibility analysis for the 1-15 CIP; • Financial analysis for the potential development of a public -private partnership (P3) on the SR-91 CIP to enhance revenue producing opportunities; and • Analysis of financial modeling scenarios for the SR-91 CIP including an availability payment model. Agenda Item 8 5 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 will include: • Providing financial analysis to assess project feasibility and subsequent transaction structuring; • Periodic updating of financial analyses to confirm viability of 1-15 CIP as cost and project scope are developed and updated. These analyses typically include reviews 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; • Providing level two toll feasibility analysis for several sections of the 1-15 CIP, including: Area A-Cajalco Road to Hidden Valley Parkway, Area B- EI Cerrito Road to SR-60, and Area C-Indian Truck Trail Road to Hidden Valley Parkway; and • Preparing financial analysis for the potential development of a P3 on the 1-15 CIP to enhance revenue producing opportunities. The additional financial advisory services required and outlined above will be provided by KPMG for $250,000. Staff anticipates expending this amount through FY 2010/11. The amount is included in the FY 2010/11 budget. This will bring the total contract amount to $1,474,736. Financial Information In Fiscal Year Budget: Yes Year: FY 2010/11 Amount: $250,000 Source of Funds: 2009 Measure A Budget Adjustment: No GL/Project Accounting No.: 003027 00000 0000 262 31 65520 Fiscal Procedures Approved: \14114,44ivjdijn,i Date: 06/16/10 Attachment: Draft Agreement No. 06-66-026-08 Agenda Item 8 • • • Agreement No. 06-66-026-08 AMENDMENT NO. 7 TO AGREEMENT FOR STRATEGIC PARTNERSHIP ADVISOR SERVICES 1. PARTIES AND DATE This Amendment No. 7 to the Agreement for Strategic Partnership Advisor Services is made and entered into this day of , 2010 by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("Commission") and KPMG Corporate Finance LLC ("Consultant"). 2. RECITALS 2.1 The Commission and the Consultant have entered into an agreement dated February 8, 2006 for the purpose of providing Strategic Partnership Advisor Services (the "Master Agreement") for a total compensation of $ 200,000. 2.2 The Commission and the Consultant have entered into Amendment No. 1 to the Master Agreement, dated November 14, 2006 for the purpose of providing additional compensation ($105,000) 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 the Master Agreement dated February 14, 2007 for the purpose of providing additional compensation ($340,000) 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. 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 KPMG Amendment No. 7 (RCTC Doc. No. 06-66-026-08) Page 1 7 providing additional compensation 0250,0001 for the ongoing provision of Strategic Partnership Advisor Services. 2.7 The Commission and the Consultant have entered into Amendment No. 6 to the Master Agreement dated October 28, 2009 for the purpose of providing additional compensation ($329,736) for the ongoing provision of Strategic Partnership Advisor Services. 2.8 The parties now desire to amend the Master Agreement to provide additional compensation for the continued provision of Strategic Partnership Advisor Services, as described in Attachments #1, #2, #3, and #4, hereto. TERMS 2.9 The maximum compensation under the Master Agreement, as previously amended, is hereby increased by Two Hundred and Fifty Thousand Dollars ($250,000). 2.10The total contract value for the Master Agreement, as heretofore amended, shall not exceed One Million, Four Hundred and Seventy Four Thousand, Seven Hundred Thirty Six Dollars ($1,474,736). 2.11 Consultant shall continue to provide the Services described in Attachments #1, #2, #3 and #4, hereto, as directed by the Commission. 2.12 "Section 3.12.6 is amended to read as follows: Section 3.12.6 Verification of Coverage. Consultant shall furnish Commission with original certificates of insurance effecting coverage required by this Agreement on forms satisfactory to the Commission. The certificates for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates must be received and approved by the Commission before work commences." 2.13Except as amended by this Amendment, all provisions of the Master Agreement, as amended by Amendments No. 1 through No. 6, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the parties under this Amendment. KPMG Amendment No. 7 (RCTC Doc. No. 06-66-026-08) Page 2 8 SIGNATURE PAGE TO AMENDMENT NO. 7 TO AGREEMENT FOR STRATEGIC PARTNERSHIP ADVISOR SERVICES IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the date first herein above written. RIVERSIDE COUNTY KPMG Corporate Finance TRANSPORTATION COMMISSION LLC By: Bob Buster, Chair Signature APPROVED AS TO FORM: By: Best, Best & Krieger LLP General Counsel Name Title KPMG Amendment No. 7 (RCTC Doc. No. 06-66-026-08) Page 3 9 • • • KPMG Contract #06-66-026-08 Scope of Work, Amendment #7 Section L Tasks. As a member of the Riverside County Transportation Commission (RCTC) tolling team, KPMG will participate and advise as appropriate regarding the following tasks: 1 Workshops, conference calls or meetings with RCTC and other members of the tolling team to further define the project(s) and assist in analyzing potential development approaches. 2 Work with RCTC staff and other members of the tolling team to analyze the I-15 and/or other requested project(s) using the "base case" procurement model (i.e., Design -Build) selected by RCTC for assessment. • In consultation with RCTC staff and other members of the tolling team, analyze a preliminary financing strategy based on associated assumptions from similar projects. • Obtain inputs developed by other members of the project teams and incorporate them into the financial analysis. Inputs that will need to be provided include timing of phases, anticipated traffic and revenue, capital costs, operating costs. • Review all assumptions and inputs with RCTC and receive approval of such inputs and assumptions. • Undertake financial analyses to assess the estimated public sector contribution to the project(s). Refine and/or update the financial analyses, as requested by RCTC. 3 As requested, perform sensitivity analysis of the key base case analysis assumptions, for example, changes in demand (revenue), interest rates and costs. 4 Work with RCTC staff and other members of the tolling team to analyze the I-15 and/or other project(s) using one or more "P3" procurement model(s) (e.g., DBFOM, DBFO, DBFM) selected by RCTC for assessment. • In consultation with RCTC staff and other members of the tolling team, analyze a preliminary financing strategy based on associated assumptions from similar projects. • Obtain inputs developed by other members of the project teams and incorporate them into the financial analysis. Inputs that will need to be provided include timing of phases, anticipated traffic and revenue, capital costs, operating costs. • Undertake financial analyses to assess the estimated public sector contribution to the project(s). Refine and/or update the financial analyses, as requested by RCTC. 5 As requested, perform sensitivity analysis of the key P3 analysis assumptions, for example, changes in demand (revenue), interest rates and costs. 6 Draft reports and presentations regarding results of financial analyses. (See Section 3. Deliverables, below.) 7 Participate in calls, meetings, and/or workshops to discuss results. 10 8 Assist in the development of preliminary schedules for project delivery, including pre - procurement and procurement. 9 Assist in identifying near -term, mid-term and long-term issues, steps and "to-do" items that are consistent with preliminary project schedules. 10 Undertake any other agreed -to activities related to the project(s) directed by RCTC as provided for within the budget identified in Attachment 3. Section 2. Client Participation and Responsibilities. During the development of this Statement of Work, we have been guided by certain assumptions about the project scope, and level of RCTC's involvement and support. 2.1. RCTC. Support. We will require the support of RCTC's personnel in order to achieve timely completion of the project. Support includes, but is not limited to, the collection of all relevant documents (paper or electronic) and the scheduling of and coordination of meetings. 2.2 Project Management. RCTC will designate a management level individual to oversee the conduct of this project, including coordination of RCTC resources needed and review of draft deliverables. RCTC personnel assigned to the project will review draft deliverables on a timely basis. Section 3. Deliverables At the request of RCTC, KPMG shall provide draft summaries of the results of each financial analysis, in writing, whether as a separate deliverable or as part of a collaborative work product with RCTC and/or other technical and legal advisors. The draft deliverables will be provided to RCTC for review, comment and approval prior to final delivery. KPMG may send final reports/deliverables electronically for RCTC's convenience. However, only the final hard -copy report should be viewed as our work product. The deliverables presented as part of this engagement are for the internal use of RCTC and are not to be relied upon by third parties, in whole or in part, or used for any other purpose. We disclaim any intention or obligation to update or revise the observations whether as a result of new information, future events or otherwise. Should additional documentation or other information become available which impacts upon the observations reached in our deliverables, we reserve the right to amend our observations and summary documents accordingly. Section 4. Other Matters. KPMG will provide our services in accordance with the terms and conditions of Statement of Work. Such services are not intended to be an audit, examination, attestation, special report or agreed -upon procedures engagement as those services are defined in American Institute of Certified Public Accountants (AICPA) literature applicable to such engagements conducted by independent auditors. Accordingly, these services will not result in the issuance of a written communication to third parties by KPMG directly reporting on financial data or internal control or expressing a conclusion or any other form of assurance. 11 • • • KPMG Contract #06-66-026-08 Schedule, Amendment #7 KPMG will perform the scope of work in time -frame consistent with the schedule for analysis requested by RCTC. This schedule for the I-15 Project Study Area B is described in Attachment #3. The schedule for additional analyses will be determined upon RCTC's request. 12 KPMG Contract #06-66-026-08 Project Bud et, Amendment #7 Riverside County Transportation Comm i$5100 KPMG 2010.11 Workplan and Budget 1.15 Project �tl"14'+f Ni�'u}Y Fir"S k'A iS i1r' A a§ q ✓ �'T3l1119�a `r a`+y1'it9a p1aD':g. 1�..Lr S�:h#n .r�. t��k �...x .. Y'•L �i 8Yt t a �� ".s",4 .*M .#=.S1A��i .}�w:'..�u. .•Hc� YY4 _ �l.'wOnx "i'^.'" l Reconcile Input (review. identify issues: discuss with team: review any changes) June 1.0 3.0 5.0 9.0 Rsdonn pe9minary cash flow analysis June 2.0 20 5.0 9.0 I Carnage financing assumptions for diem review and approval June 2.0 2.0 2.0 6.0 Model refinements to lncorporete3 separate project phases June/July 0.0 5.0 20.0 25.0 l F9domt financial analysis July 0.0 5.0 10.0 15.0 Duality control review of financial analysis July cm 5.0 0.0 5.0 Sum madze results of analysis and prepare presentation July 0.0 50 10.0 15.0 6enior review of presentation draft/ update presentation to reflect comments July 2.0 2.0 2.0 6.0 Review draft presentation of results with project advisor teen: revise as needed July 2.0 2.0 2.0 6.0 Conference call/meeting to present and discuss results and obtain client diredlon for next steps July 6.0 3.0 0.0 9.0 Other related adi itles Oevtew/ sommurdcalions) July/August 5.0 5.0 0.0 10.0 Follow up analysis/meetings August 18.0 12.5 7.5 38.0 Contingency F25%) 9.5 12.9 15.9 38.3 Total - - - --_--- 475 64.4 79A 191.3 Applicable hourly billing rates• !' $555 3400 $320 191.00191141leiq'fy Eeee ,., #.26,363 S--28,780 is"6,400 $ ''77,513 . ..rsxe°"xj;:'u Remnole umut(review.idenlOy issues:discuss with tean:review any Glandes) 1.0 3.0 50 90 '.; Perform preliminary cash flow analysis 2.0 20 5.0 90 Compile firmndrg assumptions for abed review and approval 1.0 2A 2.0 50 Fldorn financial analysis 0.0 613 100 15.0 Duality control review of financial analysis 0.0 5A 0.0 5.0 Summarize results of analysis and prepare presentation 0.0 5A 10.0 15.0 Senior review of presentation draft/ update presentation to reflect comments 2.0 2A 2.0 6.0 -! Review draft presentation of results with project advisor lean', revise as needed 2.0 2.0 2.0 6.0 Conference call/meeting to present and discuss results and obtain talent direction for next steps 8.0 4.0 0.0 12.0 Other related activities(review/communications) 5.0 5.0 0.0 10.0 Follow up analysis/meetings 18.0 12.5 7.5 39.0 Contingency (25%) 9.8 11.9 10.9 32.5 Total 485 59A 54.4 162.5 Applicable hourly billing rates E555 $400 5320 I Estrin stedHourly Fees _.. $,. 27,958 $:123,750 $.'17A00 $ 66,206j: TFseimatedTotal-G15 YS 145,719_I Project(91udylareasH6G _ --_ _ _ $: SSA19 $-i49,500 S 42900 Other Ana lyres Discuss project objectives and P3 parameters with client and project team Facilitate client consideration of risk valuation methodology/approach Compile P3 financing End tax assumptions for diem review and approval Update financial model for ED structure I perform analyses Dually control review of financial model adjustments Summarize results of analysis and prepare presentation Senior review of presentation draft/ update presentation to reflect comments Review draft presentation of results with project advisor team; revise as needed Conference call l meeting to present and discuss results and obtain client direction for next steps Other related activities (review / communications) Follow up analysis/meetings -'. 25% contingency Told Applicable hourly billing rat Estimated Hourly Fates 'PAr<3f 50 50 10.0 10.0 8 12.0 10.0 20.0 10.0 75 150 3.0 3.0 3.0 20 2.0 20 8,0 4.0 5,0 5.0 20.0 12.5 75 17.8 22.8 18.4 58.9 88.8 113.8 91.9 299.4 4W WO E320 I $ 49,256 f 45,500 E 29,400 $ 124,15E _ otatH4 50 50 60 300 25.0 26.0 60.0 10.0 22.5 9.0 6.0 12.0 10.0 40.0 Total -AIR Analyses Estimated Total Hours Estimated Total Budget for Hourly Fees Less Estimated Carry-over Balance from FY 2009-10 Budget ' RueBudget for Reimbursement otOutof-Pocket Expenses Egimaled Total Budget for FY 2010-11 (Fees and Expenses) - Rates collect FY 2010-11 discounts. See Attachment 84 for details. 185.0 $ 102,575 $ 95,000 $ 72,200 $ 259,875 3 30,875 j $.. 20,000 _ $ 250,000 2375 2258 8411131 13 • • • KPMG Contract #06-66-026-08 Schedule of Rates, Amendment #7 Managing Director / Partner Director / Senior Manager Associate Director / Manager Associate / Senior Associate * $ 555.00 $ 515.00 $ 400.00 $ 320.00 " For FY 2010-11 Rates, Managing Director/Partner rate has been reduced from $595 per hour to $555 per hour and Associate / Senior Associate rate has been reduced from $325 to $320 per hour. The total discount resulting from these changes is estimated to be approximately $9,000 for the budget in Attachment #3. 14 AGENDA ITEM 9 • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: June 28, 2010 TO: Western Riverside County Programs and Projects Committee FROM: Lisa DaSilva, Capital Projects Manager THROUGH: Marlin Feenstra, Project Delivery Director SUBJECT: Agreement with Southstar Engineering & Consulting, Inc. for Construction Management Services and Cooperative Agreement with Caltrans for Construction of the Interstate 215 Widening Project from Murrieta Hot Springs Road to Scott Road, North of the City of Murrieta STAFF RECOMMENDATION: This item is for the Committee to: 1) Award Agreement No. 10-31-079-00 to Southstar Engineering &-Consulting, Inc. (Southstar) to perform construction management (CM) services, materials testing, and construction surveying for the 1-215 widening, Murrieta Hot Springs Road to Scott Road project, in the city of Murrieta, for the base amount of $4,097,564, plus a contingency amount of $402,436, for a total not to exceed amount of $4.5 million; 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; 3) Authorize the Executive Director to approve contingency work as may be required for the project; 4) Approve the Cooperative Agreement No. 10-31-110-00 with Caltrans for construction of the project; 5) Authorize the Executive Director, pursuant to legal counsel review, to execute the cooperative agreement and future non -funding related amendments to this agreement; and 6) Forward to the Commission for final action. BACKGROUND INFORMATION: The Commission requires the services of a qualified firm to provide CM, materials testing, and construction surveying services for construction of the project. Services are anticipated to include pre -construction plan, specification, and ' estimate review; construction project advertising, bid analysis, and award; construction inspection; claim analysis; contractor interface and contract Agenda Item 9 15 administration; office engineering; and other duties as appropriate for CM, as well as materials testing and construction surveying. Selection Process A request for qualifications (RFQ) for CM services, material testing, and construction surveying for the project was issued on February 22, 2010, with consultant statement of qualifications (SOQ) due on March 25. The Commission received five SOQs from AECOM, Caltrop Corporation, Harris & Associates, MACM Construction Management, and Southstar. An evaluation committee was appointed to review the SOQs received and to conduct firm interviews. The evaluation committee members included representatives from Commission staff, Bechtel, and the city of Murrieta. Based on the committee's evaluation of written SOQ submittals, and pursuant to the terms of the RFQ, the committee shortlisted three of the five offerors and invited those firms to the interview portion of the evaluation and selection process. The short listed firms included: • AECOM • Caltrop Corporation • Southstar Interviews with the above -referenced firms were conducted on April 22, and, after final scoring by the evaluation committee, Southstar was ranked the most qualified firm under the terms of the RFQ. Subsequently, staff has negotiated the scope, cost, and schedule proposal from Southstar for the project services and established a fair and reasonable price. Price negotiations resulted in a 20% reduction in profit by Southstar and its participating subconsultants. In addition, staff has been working with Caltrans to develop a cooperative agreement between the Commission and Caltrans that defines the respective roles and responsibilities for the construction of the project. The draft cooperative agreement is included as Attachment 2. Staff Recommendation Staff recommends Agreement No. 10-31-079-00 be awarded to Southstar to perform CM services, materials testing, and construction surveying for the 1-215 widening project from Murrieta Hot Springs Road to Scott Road, in the city of Murrieta, based on the final project scope and cost included with Attachment 1, for the base amount of $4,097,564, plus contingency amount of $402,436 for Agenda Item 9 • • • 16 • • • unanticipated changes, for a total not to exceed amount of $4.5 million. Staff further recommends that the Commission approve Cooperative Agreement No. 10-31-110-00 with Caltrans for construction of the project and authorize the Executive Director, pursuant to legal counsel review, to execute the cooperative agreement and future non -funding related amendments to this agreement. Financial Information In Fiscal Year Budget: Yes N/A Year: FY 2010/11 FY 2011/12+ Amount: $1,500,000 $3,000,000 Source of Funds: CMIA, STIP, Measure A Budget Ad ustment: No N/A GL/Project Accounting No.: 003022 81302 262 31 81301 Fiscal Procedures Approved: \M€4,4,4,0 Date: 06/16/10 Attachments: 1) Agreement 10-31-079-00 with Southstar Engineering & Consulting, Inc. 2) Cooperative Agreement 10-31-110-00 with Caltrans (District Agreement 08-1462) Agenda Item 9 17 ATTACHMENT 1 AGREEMENT NO. 10-31-079-00 MODEL PROFESSIONAL SERVICES AGREEMENT RIVERSIDE COUNTY TRANSPORTATION COMMISSION AGREEMENT WITH r CONSULTANT 1 FOR CONSTRUCTION MANAGEMENT, MATERIALS TESTING AND CONSTRUCTION SURVEYING SERVICES FOR THE INTERSTATE 215 WIDENING, MURRIETA HOT SPRINGS ROAD TO SCOTT ROAD PROJECT 1. PARTIES AND DATE. This Agreement is made and entered into this _ day of , 2010, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("the Commission") and j NAME OF FIRM 1 ("Consultant'), a j LEGAL STATUS OF CONSULTANT e.g., CORPORATION 1. 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. 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 providing construction management, engineering surveying and testing services to public clients, is licensed in the State of California (as necessary), and is familiar with the plans of the Commission. 18 2.5 The Commission desires to engage Consultant to render such services for the Interstate 215 Widening, Murrieta Hot Springs Road to Scott Road Project ("Project"), as set forth in this Agreement. 3. TERMS. 3.1 General Scope of Services. Consultant shall fumish all technical and professional services, including labor, material, equipment, transportation, supervision and expertise, and incidental and customary work necessary to fully and adequately supply the professional construction management, engineering surveying and testing services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.2 Commencement of Services. The Consultant shall commence work upon receipt of a written "Notice to Proceed" or "Limited Notice to Proceed" from Commission. 3.3 Term. The term of this Agreement shall be from the date of execution of this Agreement or the date of issuance of the Notice to Proceed by the Commission, whichever occurs first, to the issuance by the Commission to Consultant of a Notice of Final Acceptance, as defined in paragraph 3.12 below, or June 30, 2012, 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 j INSERT NAME OR TITLE j 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 • • • 19 • • 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 personnel for performance of this Agreement are: j LIST NAMES AND TITLES j. 3.7 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 the Project. 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 California. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Consultant further represents and warrants to the Commission that its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. 20 Consultant shall perform, at its own cost and expense and without reimbursement from the Commission, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein, and shall be fully responsible to the Commission for all damages and other liabilities provided for in the indemnification provisions of this Agreement arising from the Consultant's errors and omissions. Any employee of Consultant or its sub - consultants who is determined by the Commission to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the Commission, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 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 Cal/OSHA requirements, and shall give all notices required by law. For example, and not by way of limitation, Consultant shall keep itself fully informed of and in compliance with all implementing regulations, design standards, specifications, previous commitments that must be incorporated in the design of the Project, and administrative controls including those of the United States Department of Transportation. Compliance with Federal procedures may include completion of the applicable environmental documents and approved by a governmental body. If the Consultant performs any work knowing it to be • • • 21 contrary to the requirements of 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. 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 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. 3.14.4 Effect of Termination for Cause. If the termination is for cause, Consultant shall be compensated for those Services which have been fully and adequately completed and accepted by the Commission 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 3.9. Termination of this Agreement for cause may be considered by the Commission in determining whether to enter into future agreements with Consultant. 22 3.14.5 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. 3.14.6 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. 3.14.7 Waivers. Consultant, in executing this Agreement, shall be deemed to have waived any and all claims for damages which may otherwise arise from the Commission's termination of this Agreement, for convenience or cause, as provided in this Section. 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 " B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, the Commission shall respond to Consultant's submittals in a timely manner. Upon request of Commission's Representative, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 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, Consultant 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 bi-weekly basis or as may be mutually scheduled by the Parties at a standard day and time. These trend meetings will encompass focused and informal discussions concerning scope, schedule, and current progress of Services, relevant cost issues, and future Project objectives. Consultant shall be responsible for the preparation and distribution of meeting agendas to be received by the Commission and other attendees no later than three (3) working days prior to the meeting. 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 • 23 • • 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 Delay in Performance. 3.16.1 Excusable Delays. Should Consultant be delayed or prevented from the timely performance of any act or Services required by the terms of the Agreement by reason of acts of God or of the public enemy, acts or omissions of the Commission or other governmental agencies in either their sovereign or contractual capacities, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes or unusually severe weather, performance of such act shall be excused for the period of such delay. 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. 3.17 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. 24 • 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. 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 ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that Commission is granted an exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to grant the exclusive and perpetual license for all such Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the Commission. Commission shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at Commission's sole risk. 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 ("Intellectual Property') prepared or developed by or on behalf of Consultant under this Agreement as well as any other such Intellectual Property prepared or developed by or on behalf of Consultant under this Agreement. The Commission shall have and retain all right, title and interest in Intellectual Property developed or modified under this Agreement whether or not paid 26 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 furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use Commission's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of Commission. 3.19 Indemnification. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold Commission, its directors, officials, officers, employees, consultants, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to alleged negligent acts, omissions, or willful misconduct of Consultant, its officials, officers, employees, agents, consultants, and contractors arising out of or in connection with the performance of the Services, the Project or this • 27 • • • Agreement, including without limitation the payment of consequential damages, expert witness fees, and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against Commission, its directors, officials, officers, employees, consultants, agents, or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against Commission or its directors, officials, officers, employees, consultants, agents, or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse Commission and its directors, officials, officers, employees, consultants, agents, and/or volunteers, for any and all legal expenses and costs, including reasonable attomey's fees, incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Commission, its directors, officials officers, employees, consultants, agents, or volunteers. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, 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. 3.20 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. 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 of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (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 28 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. 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. 3.20.4 Aircraft Liability Insurance. Consultant, prior to the direct or indirect use of any civil aircraft to provide Service under this Agreement, shall procure and maintain, or cause to be procured and maintained, aircraft liability insurance or equivalent form, with a single limit of not less than $5,000,000 per each occurrence. 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, consultants, 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 furnished 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. (B) 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 • • • 29 • • • 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. (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 terms of the insurance policy which arise from work performed by the Consultant. (D) All 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; 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. 3.20.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A: VIII, licensed to do business in California, and satisfactory to the Commission. 3.20.8 Verification of Coverage. Consultant shall furnish Commission with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the Commission. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by the Commission before work commences. The Commission reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.20.9 Other Insurance. At its option, the Commission may require such additional coverage(s), limits and/or the reduction of deductibles or retentions it considers reasonable and prudent based upon risk factors that may directly or indirectly impact the Project. In retaining this option Commission does not warrant Consultant's 30 insurance program to be adequate. Consultant shall have the right to purchase insurance in addition to the insurance required in this Section. 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 a fixed fee as further set forth in Exhibit "C" and shall not exceed the maximum amount of j INSERT WRITTEN DOLLAR AMOUNT 1 ($( INSERT NUMERICAL DOLLAR AMOUNT 1), without written approval of Commission's Executive Director. 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 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 as permitted by law or authorized by the Commission.. • • 31 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. Omitted Intentionally 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. The Federal Acquisition Regulations in Title 48, CFR 31 shall be the governing factors regarding allowable elements of cost. All such records shall be clearly identifiable. Consultant shall allow a representative of the Commission or any duly authorized representative of the Commission 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. 3.25 Egual 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. As required, Consultant shall cooperate fully with any other consultant engaged by the Commission on the Project. 3.27 Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. 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 party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and, all other costs of such actions. 3.29 Time of Essence. Time is of the essence for each and every provision of this Agreement. • • • 33 • • 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: Attn: COMMISSION: Riverside County Transportation Commission 4080 Lemon Street, 3`d Floor Riverside, CA 92501 Attn: Executive Director Such notice shall be deemed made when personally delivered or when mailed, forty- eight (48) hours after deposit in the U.S. mail, first class postage prepaid, and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 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 Invalidity: Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.36 Provisions Applicable When Federal Department of Transportation Funds Are Involved. Omitted Intentionally 3.37 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 34 deemed a waiver or relinquishment of such other right or power at any other time or times. [Signatures on following page] • • • 35 SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT IN WITNESS WHEREOF, this Agreement was executed on the date first written above. RIVERSIDE COUNTY TRANSPORTATION COMMISSION By: CONSULTANT By: LINSERT NAME j Signature Chairman Approved as to Form: By: Best Best & Krieger LLP General Counsel Name Title 36 • SCOPE OF WORK Background Information RCTC is seeking proposals from qualified engineering professionals to provide Construction Management (CM), Materials Testing, and Construction Surveying Services for construction of 1-215 Widening, Murrieta Hot Springs Road to Scott Road Project located in the city of Murrieta, CA. Services are anticipated to include pre -construction plan, specification, and estimate (PS&E) review, construction project advertising, bid analysis, and award; construction inspection; claim analysis, contractor interface and contract administration; office engineering; and other assorted duties as appropriate for construction management, as well as materials testing and construction surveying. Performance Requirements Construction Management: OFFEROR shall furnish a Project Manager to coordinate OFFEROR operations with COMMISSION. The Project Manager shall be responsible for all matters related to OFFEROR personnel and operations. It is recommended that a single point of contact or Resident Engineer be assigned to direct and coordinate construction activities under this contract. Other Assistant Resident Engineers may be assigned to each specific project responsibilities as needed. Resident Engineer shall be a Civil Engineer, registered in the State of Califomia. The Resident Engineer shall be in responsible charge of construction activity within the Project. The Resident Engineer shall be responsible for daily on -site inspections and decisions regarding erosion control that comprise a small portion of the Project. The number of OFFEROR personnel assigned to the project will vary throughout the duration of the contract. OFFEROR personnel will be assigned, in varying levels of responsibility, as needed by the OFFEROR to meet the project schedule, project requirements, and construction activities. Resumes of personnel must be submitted to COMMISSION for review and approval prior to assignment to the Project. COMMISSION and OFFEROR will jointly determine the quality and quantity of services that are required by OFFEROR personnel. Personnel selected for assignment by OFFEROR shall be made available for personal interviews prior to acceptance by COMMISSION. If, in the opinion of COMMISSION, an individual lacks adequate experience, the individual may be rejected or may be accepted on a trial basis until such time the individual's ability to perform the required services has been demonstrated. If, at any time, the performance of OFFEROR personnel is unsatisfactory to COMMISSION, COMMISSION may release him/her by written notice and may request another qualified person be assigned. 37 If OFFEROR personnel are on leave of absence, the Project Manager shall provide approved, equally qualified replacement personnel until the assigned personnel returns to the Project. The typical workday includes all hours worked by the construction Contractor. If necessary, overtime for OFFEROR personnel may be required. The construction Contractor's operations may be restricted to specific hours during the week, which shall become the normal workday for OFFEROR personnel. The Project Manager, with concurrence from COMMISSION, shall have the authority to increase, decrease, or eliminate OFFEROR personnel work hours dependent on the schedule and requirements of the construction Contractor. All overtime required by OFFEROR personnel shall be approved and authorized by COMMISSION prior to each occurrence. OFFEROR personnel shall be knowledgeable of and comply with all applicable local, state, and federal regulations. OFFEROR personnel shall cooperate and consult with COMMISSION, State, and City officials during the course of the Project. OFFEROR personnel shall perform duties as may be required to assure that construction is being performed in accordance with the Project plans and specifications. OFFEROR personnel shall keep accurate and timely records and document all work performed by the Contractor and OFFEROR. OFFEROR shall monitor for Contractor's compliance with the labor standards provisions of the projects and the related wage determination decisions of the Secretary of Labor. OFFEROR personnel shall assist COMMISSION and local agencies in obtaining compliance with the safety and accident prevention provisions of the projects. Local agencies will retain jurisdictional control for traffic control. All services required hereunder shall be performed in accordance with California Department of Transportation guidelines, regulations, policies, procedures, manuals, and standards, except as noted in the special provisions. Materials Testing: The number of field testing personnel assigned to the project will vary throughout the duration of the construction contract. OFFEROR personnel will be assigned as needed by the Resident Engineer to meet the schedule of the construction contractor. It is anticipated that at least one field technician will be required throughout the construction contract period. At times, additional technicians may be required to provide support for on -going construction activities. The duration of assignments could vary from a minimum of a few days to the full term of the project. OFFEROR personnel will be available within two (2) days of written notification by COMMISSION. • 38 • It is the intent of COMMISSION to maintain a consistency of material testing quality throughout each phase of each project. OFFEROR is therefore encouraged to provide, where ever and whenever possible, the same field personnel for the duration of construction of each project. On days when work is not performed by the construction contractor, such as rainy or unsuitable weather days, OFFEROR will not provide services unless authorized by the COMMISSION Construction Manager. Resumes of materials testing personnel must be submitted to COMMISSION for review and approval prior to assignment to the Project. If, at any time, the level of performance of any testing personnel is below expectations, COMMISSION may release that field person and request that another be assigned as needed. If a member of OFFEROR's personnel is on a leave of absence, OFFEROR's project manager will provide an equally qualified replacement employee until the original member retums to work. The replacement employee will meet all the requirements of a permanently assigned employee. All personnel will be knowledgeable of, and comply with, all applicable local, Caltrans, and federal regulations; cooperate and consult with COMMISSION and local agency officials during the course of the contract; and perform other duties as may be required to assure that the construction is being performed in accordance with the project plans and specifications. OFFEROR's personnel will keep records and document the work as directed by the Resident Engineer. OFFEROR personnel shall assist COMMISSION and local agencies in obtaining compliance with the safety and accident prevention provisions of the projects. Local agencies will retain jurisdictional control for traffic control. All services required hereunder will be performed in accordance with Caltrans regulations, policies, procedures, manuals, and standards. Construction Surveying: OFFEROR will furnish surveying crew(s) to perform construction surveys for the project. The number of survey crew(s) assigned to the project will vary throughout the duration of the construction contract. OFFEROR personnel will be assigned as needed by the Resident Engineer to meet the schedule of the construction contractor. It is the intent of COMMISSION to maintain a consistency of construction survey quality throughout each phase of each project. Therefore, OFFEROR is encouraged to provide the same field personnel for the duration of construction. It is important that the Field Parry Chief(s) assigned to a project be completely familiar with the survey requirements and the assignments for the project. Construction surveying will not be performed when conditions such as weather, traffic, and other factors prevent safe and efficient operation. 39 Resumes of OFFEROR personnel and certification must be submitted to COMMISSION for review. OFFEROR personnel must be approved by COMMISSION prior to assignment to a project. COMMISSION and OFFEROR will have the responsibility of determining the quality and quantity of work performed by OFFEROR personnel. If, at any time, the level of performance by OFFEROR personnel is below expectations, COMMISSION may release the survey crew member and request that another be assigned. If OFFEROR's survey crew personnel assigned to the project is on a leave of absence, the Project Manager will provide an equally qualified replacement(s) until the original employee(s) retums to work. The replacement will be required to meet all the requirements of the permanently assigned employee. OFFEROR personnel will: • Be knowledgeable of, and comply with all, applicable local, Caltrans, state, and federal regulations. • Cooperate and consult with COMMISSION officials during the course of the contract. • Perform duties as may be required to assure construction is performed in accordance with the project plans and specifications. • Keep records and document work as directed by the Resident Engineer. All services required hereunder will be performed in accordance with Caltrans regulations, policies, procedures, manuals, and standards. Duties and Responsibilities 1. Pre -construction Services a. Plan Review OFFEROR shall review construction contract documents prior to construction. Tasks include review of plans, specifications, technical reports, resident engineer's pending files, and associated items in order to verify completeness and consistency throughout the Project. At minimum, OFFEROR shall check for quantity discrepancies, potential conflicts, constructability, and consistency between plans, specifications and pay items. b. Schedule OFFEROR shall review the proposed Project schedule, compare it to the Project plans and specifications, and provide recommendations to COMMISSION, as appropriate, to ensure efficiency of Contractor and OFFEROR operations and safe and expeditious completion of the Project. • 40 • • • c. Budget OFFEROR shall review the Project estimate and provide recommendations to COMMISSION, as appropriate, to ensure efficient utilization of funds and control of project costs. 2. Bid Process a. Bid Documents OFFEROR shall assist COMMISSION, as requested, with the following tasks: 1) Review of bid documents 2) Preparation of bid tabulations b. Pre -construction Meetings OFFEROR shall assist COMMISSION in conducting one or more, pre -construction meetings with all involved parties on the Project. Parties may include, but are not limited to, the Contractor, the design engineer, county, cities, utility companies, and developers. c. Contract Award OFFEROR shall assist COMMISSION, as requested, with the following tasks: 1) Review of bid for completeness and responsiveness 2) Perform bid analysis 3) Development of contractor payment schedules, and other procedural items. 4) Checking Contractor references, licenses, insurance, and sureties. 5) Coordination with prospective Contractor for award of construction contract(s). All processes will be consistent with procedures outlined by the California Department of Transportation for Special Funded Programs. 3. Project Administration a. OFFEROR shall administer project construction contract using Ca!trans Construction Manual as a guideline. 41 b. OFFEROR shall conduct regular project coordination meetings with Contractor, COMMISSION, local agencies, and design engineer, as appropriate. c. OFFEROR shall prepare Contractor progress payments and maintain payment records and supporting documentation. All progress payments shall be reviewed by COMMISSION for approval. d. OFFEROR shall establish and maintain Project records. Project record keeping shall include, but are not limited to, correspondence, memoranda, contract documents, change orders, claims, COMMISSION and engineer directives, meeting minutes, shop drawings, supplementary drawings, and requests for payment. OFFEROR shall maintain a record of the names, addresses, and telephone and fax numbers of the Contractors, subcontractors, and principal material suppliers. e. OFFEROR shall establish and maintain a filing system for each Project using the Caltrans Construction Manual as a guideline. f. OFFEROR shall monitor Contractors' construction schedules on an ongoing basis and alert COMMISSION to conditions that may lead to delays in completion of the Project. g• OFFEROR shall prepare and submit a monthly Activity Summary Report for each project. The activity report shall include construction activity, accomplishments, and status of project budget and schedule. h. OFFEROR shall review and ensure compliance with environmental requirements. i. OFFEROR shall participate in partnering sessions with the Contractor, COMMISSION, and Local Agencies, as required. j. OFFEROR shall ensure that the Project meets all provisions of the Caltrans Quality Assurance Program Manual. k. OFFEROR shall review Contractors' certified payroll records and assist COMMISSION with labor compliance. I. OFFEROR shall ensure that the Project meets all provisions of the Storm Water Pollution Prevention Plan (SWPPP). m. OFFEROR shall assure that the Project meets all applicable regulations of the Air Quality Management District (AQMD). 4. Construction Coordination • • 42 • • • a. OFFEROR shall provide a minimum of one qualified Senior Resident Engineer and other qualified Resident Engineers, as needed to effectively manage the Project. b. OFFEROR Resident Engineer shall act as a prime point of contact between Contractor, COMMISSION, OFFEROR's construction surveyor, OFFEROR's materials inspector, and utility companies. OFFEROR may, when requested by COMMISSION, act as point of contact between design engineers, cities, and the public. c. OFFEROR shall maintain regular contact with COMMISSION's Construction Manager. d. OFFEROR shall coordinate utility relocations with utility companies and their designees, as well as the utility inspector. e. OFFEROR shall review Project plans and special provisions for possible errors and deficiencies prior to construction of any specific element and report such findings to COMMISSION. Should COMMISSION determine that changes are necessary, OFFEROR shall assist in implementation and processing of change orders in accordance with contract documents. f. OFFEROR shall provide all required monitoring, coordination, and tracking of construction progress to ensure the Project proceeds on schedule and according to the order of work in the plans and special provisions. OFFEROR shall expedite work, as required, to maintain schedule in conjunction with the overall construction staging program. OFFEROR shall coordinate review of shop drawings and Requests for Information (RFI) with the Construction Manager. OFFEROR shall log and track all submittals and requests. g. h. OFFEROR shall provide a qualified SWPPP coordinator who shall review contractor prepared Storm Water Pollution Prevention Plans (SWPPP) and coordinate approval with COMMISSION. OFFEROR shall cooperate with monitoring agency inspections and field reviews. i. OFFEROR shall coordinate the implementation of any changes with the Construction Manager and the design engineer. j. OFFEROR shall review and approve falsework and shoring plans. k. OFFEROR shall review and approve Traffic Control Plans and forward to COMMISSION to get City approval as necessary. I. OFFEROR shall coordinate all Project construction activities with other on- 43 going projects within and adjacent to the Project limits. 5. Construction Inspection a. OFFEROR shall coordinate all required inspections necessary for the Project. OFFEROR shall ensure that appropriate City, and local agency are notified and present as required throughout the Project. OFFEROR shall notify COMMISSION immediately regarding any directives, recommendations, notices, etc. received from agencies other than COMMISSION. b. OFFEROR shall perform and document daily on -site inspections of the progress and quality of construction to determine if the work being performed is in general conformance with the contract documents, all applicable laws, codes, and ordinances. c. OFFEROR shall exercise reasonable care and diligence to discover and promptly report to COMMISSION any and all defects or deficiencies in the materials or workmanship used in the Project. d. OFFEROR personnel assigned to the Project shall be thoroughly familiar with Caltrans Standard Specifications, Caltrans Standard Plans, and Caltrans Erosion Control and Highway Planting requirements. OFFEROR personnel shall have the ability to read and interpret construction plans and specifications. OFFEROR personnel shall also have knowledge of State of California Construction Safety Orders (CaIOSHA) and traffic control practices as specified in the Work Area Traffic Control Handbook (WATCH). In addition, OFFEROR personnel shall be familiar with the construction requirements of Storm Water Pollution Prevention Program. e. Assignments to be performed by OFFEROR personnel shall include, but are not limited to, the following: 1) Paving and subgrade inspection, structures and foundation inspection, signing and striping inspection, quantity calculations, checking grade and alignment, construction traffic control, and duties that may be required to determine that construction of the Project is being performed in accordance with the contract documents. 2) Identifying actual and potential problems associated with the Project and recommending sound engineering solutions. 3) Subgrade inspection, hardscape inspection, trenching & irrigation inspection, quantity calculations, checking grade and alignment, sub -surface & finish surface drainage inspection, soil amendments • • • 44 • • and plant material identification & quality control, along with other duties that may be required to determine that construction of the Project is being performed in accordance with the contract documents. 4) Arrange testing in accordance with Ca!trans highway planting procedures. 5) Maintaining awareness of safety and health requirements. Monitoring Contractors' compliance with applicable regulations and construction contract provisions for the protection of the public and Project personnel. 6) Preparing complete and accurate daily reports, calculations, project records, payment quantity documents, reports, and correspondence related to Project activities. Documents shall be sufficient to provide actual cost of force account work. 7) Preparing construction sketches, drawings, and cross -sections, as necessary. 8) Keep records of all deviations from the approved plans to assist the Design Engineer in the preparation of as -built plans. 9) Providing inspections for environmental compliance. 10)Maintaining awareness of water discharge requirements. Monitoring Contractors' compliance with applicable regulations and construction contract provisions. 11)Monitoring Contractors' compliance with applicable regulations required by AQMD. 12)0ther duties as may be required or reasonably requested. 6. Project Support a. Construction Surveys OFFEROR shall perform construction surveying services, field calculations, and home office calculations to support construction of the projects. OFFEROR may be requested to review available survey data, construction plans, and right-of-way plans to confirm compatibility and to identify discrepancies prior to and during construction of proposed projects. The Resident Engineer will assign survey work to the CONSUTLTANT by issuing a "Request for Survey Services". Requests 45 may include, but not be limited to, the following types of surveys and related services: 1) Construction Surveys OFFEROR shall assist the Resident Engineer in all phases of construction staking and calculations as needed. Survey calculations and adjustments shall be performed with established and computed coordinates based on the California Coordinate System. Cross-section data collection shall be performed by conventional and terrain line interpolation survey methods. Survey data will include topography, cross-section, and other survey data in computer formats compatible with the Ca!trans computer survey and design systems. Prepare and maintain survey documents. Survey documents include survey field notes, maps, drawings, and other survey documents. Perform construction staking, including but not limited to: • Utility locations • Clearing limits • Slope staking • Storm drain, sanitary sewer, and irrigation systems • Drainage structures • Curbs, gutters, and sidewalk • Horizontal and vertical control for structures and portions of structures (bents, abutments, wingwalls, etc.) • Rough grade • Finish grade Monitor for settlement, if required Global Positioning Satellite (GPS) equipment shall be made available if required by the COMMISSION 2) Right of Way Lines Existing right of way will be established from Local Agency's record information and existing monumentation. • • • 46 • • • Right of way monumentation shall be renewed and restored in accordance with Section 10.4 of the Caltrans "Survey Manual" and the State of California Land Surveyor's Act. • Comer records and records of surveys shall be prepared and filed in accordance with the applicable standards and the State of Califomia Land Surveyor's Act. • Perpetuate existing monumentation. Includes restoring, renewing, referencing, and resetting existing boundary related monumentation. In addition, stake areas where construction disturbs the existing right of way, preparing and filing required maps and records. • Right of Way Surveys. Includes research and preparation filing of required maps and records. In addition, locate and set monuments for right or way and staking for right of way fences. • Final monumentation. Includes setting of centerline points of control upon completion of construction. 3) Special Design — Data Surveys Includes drainage, utility, and surveys required for special field studies. b. Materials Testing and Geotechnical Services OFFEROR will provide experienced personnel, equipment, and facilities to perform various construction materials sampling and testing. Laboratory and field materials testing will be used to ensure that structure and roadway construction work conforms to California State Department of Transportation (Caltrans) standards, specifications, and special provisions for material quality and workmanship. All field and laboratory testing is to be performed in accordance with California Test Methods. OFFEROR will be responsible for the accuracy and completeness of all test data compilation and results. c. Public Relations OFFEROR shall retain a public relations firm to implement a public outreach program for the project. OFFEROR shall coordinate public awareness for the project with COMMISSION in conjunction with the local agencies. The OFFEROR will manage all public awareness activities for this project. OFFEROR's public 47 relations firm will be responsible for but not limited to the following outreach activities: • Attend construction meetings • Dissemination of traffic advisories • Respond to public inquiries/calls • Organize ground breaking and ribbon cutting ceremonies • Develop and maintain project information on the Commission's website d. Permits OFFEROR shall review the project for permit compliance and coordinate with COMMISSION and the design engineer to ensure that necessary permits are obtained. OFFEROR shall assist COMMISSION in the coordination, timely processing and verification of approval for all permits. OFFEROR shall maintain permits and permit documentation on site. 7. Cost and Schedule a. OFFEROR shall monitor and track the following: 1. Contract pay item quantities and payments 2. Contract change orders 3. Supplemental work items 4. Agency furnished materials 5. Anticipated extra work balance 6. Contingency balance 7. Project budget b. OFFEROR shall review and monitor Contractor's schedule and inform COMMISSION of any significant changes or deviations in the schedule. c. OFFEROR shall provide and maintain a Project staffing plan of field office personnel. In cooperation with COMMISSION, the staffing plan shall be periodically updated to reflect Project progress and needs. 8. Contract Chanqe Orders and Claims a. OFFEROR shall receive and evaluate requests for changes and/or substitutions by the Contractor. Contract Change Orders submitted to COMMISSION shall be accompanied by OFFEROR recommendations. Where applicable, OFFEROR shall convey proposed changes to design engineer, or other project Offerors. If the requested changes are accepted, OFFEROR shall negotiate and prepare appropriate Contract Change Orders. • 48 • • b. OFFEROR shall attempt to avoid all unnecessary Contract Change Orders. When a Contract Change Order is necessary, OFFEROR shall consult with COMMISSION prior to its preparation. Unless directed otherwise by COMMISSION, the preferred method of payment for Contract Change Orders should be as follows: 1) Agreed Price 2) Adjustment in compensation to a bid item 3) Time and materials or Force Account c. OFFEROR shall attempt to identify all potential claims, track and monitor unresolved claims, and implement claims avoidance processes. d. OFFEROR shall assist COMMISSION, as requested, in the identification, resolution, and final disposition of claims filed by the Contractor or third parties against COMMISSION or the Project. 9. Safety In addition to the requirements specified elsewhere in this contract, the following shall also apply: a. OFFEROR shall implement and conduct a comprehensive safety program including regular tail -gate safety meetings for OFFEROR personnel. OFFEROR shall provide monthly OFFEROR status of safety reports. b. OFFEROR shall comply with State of California Construction Safety Orders and provisions of the Ca!trans Construction Manual. c. OFFEROR shall provide appropriate safety training for all OFFEROR field personnel. d. OFFEROR shall provide all necessary safety equipment as required for OFFEROR personnel. 10. Project Close Out a. OFEROR shall prepare a list of items to be completed and/or corrected by the Contractor for final completion of the Project. b OFFEROR shall collect and furnish as -built information to the design engineer for preparation of as -built drawings including pre -stress drawings and pile logs, as applicable. c. OFFEROR shall review and verify completeness of as -built drawings. 49 • • • b. Survey notes, drawings, calculations, and other survey documents and information shall be completed as required by the survey request and the requirements herein. c. All original survey documents resulting from this contract, including original field notes, adjustment calculations, final results, and appropriate intermediate documents, shall be delivered to the Resident Engineer and shall become the property of COMMISSION. A copy of all survey documents furnished by COMMISSION shall be retained by OFFEROR for future reference. When the survey is performed with a total station survey system, the original field notes shall be a hard copy in a readable format of the data (observations) as originally collected and submitted by the survey party. The hard copy shall be signed by the Party Chief. If the Party Chief is not licensed, the person in "responsible charge" will be required to sign. d. Deliverables to the Resident Engineer shall follow the format specified below: • Horizontal Control • Alpha numeric hard copy point listing with adjusted California Coordinate System northing and eastings and the appropriate descriptions. • Vertical Control • Alpha numeric hard copy benchmark listing with adjusted elevations compatible with the design datum. • Topography • Alpha numeric hard copy listing, hard copy drawing, and computer aided drawing and design (CADD) digital drawing. The CADD drawing shall be compatible with the systems utilized by Caltrans. Data collection method used to collect cross-section data and the coding (feature description) of terrain data for cross -sections shall conform to the survey request requirements. Deliverables shall depend on the data collection method as follows: • Conventional Cross — Sections (each cross — section): For each cross - section and alpha numeric listing, a hard copy drawing, and a computer formatted file compatible with the systems utilized by Caltrans. • Terrain Line Interpolation Cross — Section Data (each terrain line interpolation survey): Terrain line interpolation cross — sections shall include an alpha numeric listing, a hard copy plan view drawing of the terrain lines, and 51 a computer input file. The computer input file shall be provided in a format compatible with the systems utilized by Caltrans. e. Data Collector Data If specified in the survey request, the raw data from the data collector shall be provided in a format conforming to the survey request requirements f. Other As specified in the survey request. Equipment and Materials to be provided by Offeror 1. OFFEROR will provide office space, telephones, desks, chairs, computers, and appropriate office equipment. One (1) office with a desk, chair, telephone, and computer will be reserved for the COMMISSION. 2. OFFEROR shall provide all necessary equipment including software, materials, supplies, miscellaneous tools, and safety equipment required for its personnel to perform the services accurately, efficiently, and safely. Only those items listed in Attachment B, OFFEROR Cost Proposal, shall be reimbursed by COMMISSION. 2. OFFEROR personnel shall be provided with vehicles suitable for the location and nature of the work involved. Vehicles shall be equipped with flashing yellow lights, either permanently or temporarily affixed. 3. OFFEROR personnel shall be provided with a mobile radio, cellular phone, or other means to assure full-time communication. If a radio system is to be used, OFFEROR shall provide a base station at the Feld office. 4. OFFEROR personnel shall be provided with all applicable standard plans, specifications, and other standards as appropriate (see item G below). 5. For Materials Testing, OFFEROR and its staff will be fully equipped at all times to perform the services required, including but not limited to the following: a. An on -site mobile laboratory or laboratory in close proximity to the project will be required. The type and location of the lab should be such that it can meet the needs of the project in an efficient, time effective manner. The laboratory is to be fully staffed, equipped, and supplied to conduct all required soils, materials, and concrete breaking tests in a timely manner. • • • 52 • b. OFFEROR's personnel will be provided with radios, mobile phones, or other means to assure full-time communication. OFFEROR vehicles will have flashing lights, visible from the rear, with a driver control switch. Vans without side windows will not be used. COMMISSION furnished magnetic logos will be affixed to each side of the vehicle at all times the vehicle is being used for the work under this contract. Each vehicle is to be fully contained with all necessary equipment and supplies necessary to perform the field sampling and tests required. c. Field personnel will be provided with all necessary safety equipment to permit work to be performed safely and efficiently within operating highway and construction zone environments. d. All equipment to be calibrated as per Section 3-10 and 3-11 of Caltrans' Quality Assurance Program Manual. 6. For construction surveying, OFFEROR and staff shall have adequate equipment and supplies to complete the required survey work. Equipment and supplies shall, include, but not be limited to: a. Survey vehicles Survey vehicles will be suitable to perform the required work in varying terrain and conditions encountered on the project. Vehicles shall be fully equipped with all necessary tools, instruments, supplies, and safety equipment required to perform the work accurately, efficiently, and safely. Vehicles shall be equipped with a flashing yellow beacon light. b. Data Processing Systems Data processing systems shall include hardware and software to: • Performing survey and staking calculations from the design plans and specifications; • Reduce survey data collected with conventional and total station survey systems; • Perform network adjustments for horizontal and vertical control surveys; • Format survey data to be compatible with the Caltrans computer survey and data system. c. Drafting equipment and supplies. d. Digital calculators. e. Hand tools as appropriate for the requested survey work. 53 f. Traffic cones (minimum 25). Traffic cones shall be 28 inches in height (minimum). g. Traffic control devices as required to perform the requested survey work. Traffic control devices include signs, sign bases, flags, and hand held signs. h. Leveling instruments and equipment: • Self -leveling level. Precision: standard deviation in one mile of double run leveling 0.005 feet or less. • Suitable level rods for the work to be performed. i. Distance measuring instruments and equipment: • Electronic distance measurer (EDM). Precision: standard deviation 3 mm plus 3 PPM, or less; Range: Minimum one mile under average atmospheric conditions. • Prisms, sufficient to perform the required work. • Tapes; steel, cloth. Angle measuring instruments and equipment: • Theodolite for non -control surveys; Precision: direct circle reading to three seconds, or equivalent, horizontal and vertical. • Targets as required to perform the work. k. When required for efficient survey operations, total station survey systems consisting of an electronic angle measuring instrument, EDM, and electronic data collector shall be provided. The angle measuring instruments and EDM shall conform to the requirements for the equipment previously listed. I. Radio or cellular communications equipment for communication between field office and field crews. m. Ca!trans manuals, standards, forms, and other policies and procedures to be followed to perform the required work. Materials to be Furnished by Commission 1. COMMISSION will provide copies of all Project construction documents including plans, special provisions, reports, designer prepared resident engineer files, and contracts. 2. COMMISSION will provide copies of all previously secured permits and Project authorizations. • 54 • • 3. Appropriate forms for recording test data in accordance with Caltrans practices and procedures outlined in the "Manual of Test". 4. Magnetic COMMISSION logos to be affixed to OFFEROR vehicles. Standards All construction inspection, surveys, materials sampling and testing, and contract administration shall be in accordance with the Project bid documents, special provisions, plans, and current Caltrans Manuals including: 1. Construction Manual and its revisions 2. Bridge Construction Records and Procedures Manual 3. Quality Assurance Program Manual 4. Manual of Traffic Controls for Construction and Maintenance Work Zones 5. Caltrans Standard Specifications and Standard Plans 6. Caltrans Storm Water Pollution Prevention Plan (SWPPP) and Water Pollution Control Program (WPCP) Preparation Manual 7. Manual of Test (3 volumes) 8. Survey Manual 9. District 8 Standard Staking Procedures Manual Work not covered by the manuals shall be performed in accordance with accepted professional standards. Surveys performed by OFFEROR shall conform to the requirements of the Land Surveyor's Act. In accordance with the Land Surveyor's Act, "responsible charge" for the work shall reside with the Licensed Land Surveyor or a pre -January 1, 1982, Registered Professional Civil Engineer in the State of California. Unless otherwise specified in the survey request, control surveys shall conform to second order (modified) accuracy standards as specified in the Caltrans "Survey Manual". Additional standards for specific survey work may be included in the applicable request for survey. Such standards supplement the standards specified herein. If 55 additional standards conflict with the standards specified herein, the "Survey Request's" standard shall govern. The Resident Engineer and COMMISSION will decide all questions which may arise as to the quality or acceptability of deliverables furnished and work performed for this contract. Any OFFEROR employee who does not perform adequately will be replaced if directed by the COMMISSION Construction Manager. Availability and Work Hours The typical workday includes all hours worked by COMMISSION's construction Contractor. The construction Contractor's operations may be restricted to specific hours during the week, which will become the normal workday for OFFEROR's personnel. On days when work is not performed by the construction contractor, such as rainy or unsuitable weather days, OFFEROR services will not be provided unless authorized by the COMMISSION Construction Manager. Unless otherwise directed by COMMISSION, the normal work week will consist of 40 hours. From time to time, overtime may be required. However, overtime will be worked only when approved in writing by COMMISSION. Limitations to Authority OFFEROR does not have the authority to: 1. Authorize deviations from the contract documents. 2. Approve substitute materials or equipment; except as authorized in writing by COMMISSION. 3. Conduct or participate in tests or third party inspections; except as authorized in writing by COMMISSION. 4. Assume any of the responsibilities of the Contractors, Contractors' Superintendent, or subcontractors. 5. Exercise control over or be responsible for construction means, methods, techniques, sequences, procedures, or safety precautions. 6. Communicate directly with subcontractors or material suppliers without the prior consent of the Contractor. 7. Verbally authorize or approve change orders or extra work for the Project. 8. Offer or receive incentives, inducements, or other forms of enumeration to • • 56 • or from the Contractor to perform services or work outside the terms of any executed contracts for this Project. Third Party Relationships This Contract is intended to provide unique services for a specific project. In the development of the Project, COMMISSION has worked closely with various professional Offerors, agencies, and others in the preparation of the construction documents and other Project related materials. COMMISSION, however, is solely responsible for and will be the sole point of contact for all contractual matters related to the Project. OFFEROR shall take direction only from COMMISSION and shall regularly inform only COMMISSION of Project progress, outstanding issues, and all Project related matters. During the course of the Project, OFFEROR may find occasion to meet with City or County representatives, the design engineer, Project Offerors, or other third parties who have assisted with the Project. These entities may, from time to time, offer suggestions and/or recommendations regarding the Project or elements of the Project. While COMMISSION enjoys a close relationship with and has considerable confidence in the capabilities of these other parties, OFFEROR shall not act on any suggestions, solicited or unsolicited, without obtaining specific direction from COMMISSION. All oral and written communication with outside agencies or Offerors related to the project shall be directed only to COMMISSION. Distribution of Project related communication and information shall be at the sole discretion of COMMISSION representatives. Construction Site Safety In addition to the requirements specified elsewhere in this contract, the following also will apply. 1. OFFEROR will conform to the safety provisions of the Ca!trans Construction Manual. 2. OFFEROR's field personnel will wear white hard hats with proper suspension, orange vests with reflective tape, sleeved shirt, long pants, and leather boots with ankle support and rubber soled shoes at all times while working in the field. 3. OFFEROR will provide appropriate safety training for all OFFEROR's personnel. 4. All safety equipment will be provided by OFFEROR. Basis for Survey and Monument Staking 57 COMMISSION will designate the existing horizontal and vertical control monuments that are the basis of OFFEROR performed surveys. COMMISSION will provide the California Coordinate System values and/or elevation values for these monuments. OFFEROR shall adjust OFFEROR performed surveys to be the designated control monuments and the values. Monuments established by OFFEROR shall be marked by OFFEROR with furnished disks, plugs, tags. In addition, OFFEROR shall identify OFFEROR established monuments by tagging or stamping the monuments with the license or registration number of OFFEROR'S surveyor who is in "responsible charge" of the work. Personnel Qualifications and Responsibilities The quantity and qualifications of field personnel to be assigned will be determined by the scope of the Project and the degree of difficulty of required tasks to be performed. All personnel and personnel assignments shall be subject to approval by COMMISSION. • • 58 • RCTC RIV-215 Widening Project Southstar Engineering & Consulting Inc. Tasks will be performed by combination of staffing Does not include Overtime Monthly Cost Chart Resources per Schedule 19-Months Contractor Schedule Primary field staff usage in Red Preeonehuction Bidding Process Stage 1 Sta e2 PreemrWodion ". Pemnnnd Primary Role loaded Rate' Jul-10 Aug-10 56p10 oat-10 .. MoJ-10.-_. -peo-10 Jao-t1 '.�Feb11 - '. WM11 - 'APr-11 :. Mry•lt Jun-11:' --'JUFtI Aught - Seryll pe3-11 14aw11 - Dao-l/ Jan12 Bryce Johnston, PE RE/PM 3 197.00 $ 15,760.00 3 6304.00 $ 3.34900 $ 1,830.00 3 7280.90 5 7880.00 AmrAbueOmssan,PE Once $ t8900 $ 13800.00 $ 5,920.00 3 3,700.00 5 3,70300 $ 7g0040 3 7.40060 Jose Corona. PE Structures Lead 3 13500 5 - § - 3 - 5 1.891.00 $ - § 3860.00 Daniel Cieo9is0a. PE OCOA $ 197.00 3 - 5 - $ - $ • 5 3,940.00 3 3,94020 Stage 1 Field lnsPactfo' andB .. .. •. ryce Johnston, RE?M f 97.00 $ 27S0300 $ 200 20.00any ouelhassar. PE Office f 5.3 28,12000 S 28.1204 $ 29.600.00Jose Corona. PE Structures Lead f 0500 $ - $ 7400.00 Nick Turner Field Roadway 3 12822 $ - 3 19,215.88 S 20227.24 $ - S - $ Ray Torres nee Roaowswes lrical S 121.97 b• S 18,339.74 S 19.61331 Tommy Reese Tra81r/Salety/SWPPP 3 119.7.6 § - $ 1620265 $ 19,160.69 Mike BroaMater,CPESC SWPPP Lead 5 201.0 S - E - $ 8.057.18 ni4 OaCaccheea PE OCOA S 197.00 $ 798.00 5 78800 S ]80.00W SMge2 Fiend lnapeethnand OMlp.- -Bryce - .. - - •. .,.:, _ Johnston, PE REJP1A 5 197.00 3 2769900 5 27,680.00 $ 27,580.00 i 27680.00 5 $7,sesso S 27,680.00 $ 27680.00 $ 27580.00 3' 27,680.00 5 2758900 Amr Abuanassan. PE Office $ 10.00 $ 29,600.00 $ 29200.00 5 2920040 S 29,000.00 $ 2180040 3 20,60020 $ 29,600.00 S 2412000 $ 20.120.00 $ 29,600410 Nick Turner Field Roadway $ 126.42 5 21,230.60 5 20227.24 5 2022724 $ 20,227.24 5 2322724 $ 20227.24 3 20,22724 5 13,215.08 $ 19,215.86 $ 21,23350 Sam AAino Field Roadway 3 139.81 i 23,486.66 3 22,370.05 9 22,370.05 3 22,170.03 5 22,370.05 S 24370.03 5 22,370.05 $ 21231.65 S 21.231.35 5 7328836 Ray Tortes Field Roadway/Elechical S 121.97 $ 2%091.29 S 1351301 $ 19216.51 $ 19,515.51 b 19,615,51 $ 13515.51 S 19,510.51 $ 18239.74 3 13539.74 $ 20,491.2.9 Tommy Reese Tra8k/5alely/SWPPP 3 10.75 3 20,11372 $ 19,15369 $ 1318029 $ 19.160.69 5 19,160.09 $ 13160.69 $ 13160.69 S 1820265 S 1820263 5 20,118.72 Me Breadwaler.CPESC 3WPPP dead S 901.43 S 2217.15 3 2.417.16 S 2.417.15 b 2217.15 $ 2,417.13 $ 2.417.15 9 2217.15 5 2217.16 $ 2,417.15 $ 2,417,15 Daniel C1041103 PE OCOA 5 137.00 $ 788.03 f 7020 S 760.00 5 708.00 5 78300 S 78400 $ 788.00 $ 76300 S 0820 S 78300 Stage 21CellerWide MJ .- .. .. ,., .k <4., .^S•. ,. .,.n-..9- Y Mtfa..:'. '.-.� �'ir s.1 '.. .r .a; .4- - -740.00 ' Jose Carona Shuures Lead d135,09 5. 135.09 $ 1,400.00 5 7400U $ 740.40 $ 740.00 S 740.00 3 S 740.00 b ..:'740.00 $ - 74040 i.•:- 740.00 $ DougFmnco, PE Technical Advisor 3 201.3 - - $ - 4,028.69 S 3,222.87 $ 322227 $ 3.227_87 3 3222.87 3 3222.87 $ 3222.87 3 2,417.15 3 2,417.15 5 2217.15 9 Nall A77o Sauclua51nspaction $ 164.21 S - $ 2758620 b 27286.80 5 2758620 3 2758380 $ $7s66.80 3 27,68620 S 15.763.09 9 15,76309 $ 15263.09 5 - Stage 3 FreM Mapeelmndand 1110e ' ' : , :: .:.. , _., - •: :.. -.: .. ...::: .Y tfu. r, ..- :.:. .;._ ,, ,..,., :'.cda %'n..x'<n._.' P;. xi .� .` •: _ .... .. A '. - BryceJohrston.PE RE/PM $ 137.00 _ ,.. -.,. .. .. . Arm Abue9assan,PE Office S /85.00 960 Tome Field Roadway 5 12622 Sam Afiwro Field Roadway $ 139.91 Ray Torres Reid Roadwey/@xtdcel 3 121.97 Tommy Reese Tm81c/Salen2SWPPP 3 11975 Mhe Eboedwater,CPESC SWPPP Lead S 911.97 Oenlela CMccheaa. PE OCOA 3 197.00 - v - _ - "•" �•< - L+Ks73- .3fR .✓:<�. e ,;:.:. }t- Eai'yr.gy�y+d c ^'q:: i.:; d'^'. `�-.:;r+ � - Bryce JohmNn, PE RE/PM $ 19700 Amer Abuethasaan.PE Office $ 185.00 Jose Corona, PE St clures Claseetd $ 18300 Darien Clacchelta, PE OCOA 5 19700 7,F4UiTs`f.*.a.T=--:-- ::,:,.: ,. -;_ 'x14911,3.4%1401!Y;,k.•A1. ..I. .., - .k.�2s. E:.-;x #s,i9?751if - 'ay. Chris Gerber Quality Assurance Man $ 13528 $ 341.91 $ 2,711933 $ 5413.06 $ 341806 $ 8.120.59 $ 8,120.5$ $ 8,128.59 $ 2120.59 3 8.12359 ,.�.k--.- $ 8,12869 5 8,1280 9 6,12369 .:.{ 3 8,128.59 wski... $ 8,128 99 Paul SoOe Geoledwcal Engineer 5 123.48 $ - 3 - $ - $ --- $ - $ - 5 - S - S - $ - S - S - $ - 5 Rick lowland As%lam OA Man. $ 13383 $ - $ 271357 $ b - $ - 3 - S • $ 543.31 S 54331 $ $ - $ 543.31 i 543.31 S 64331 Rob Ryan Technical Advisor $ 28039 9 - S $ - 5 - $ 22008 5 - S - 5 - b - 3 - 3 - 3 • $ - S Boris Stein Technical Advisor $ 141.14 E - i - S - 3 -. 8 - $ - $ S - 3 3 - $ - 3 Lines Vfikus Proud Manager 5 120.80 $ 483.20 $ 96639 if - b - S 966.39 5 - S 966,39 5 36625 5 3 5 - S 966.39 5 96629 $ 963.39 Kenneth Mareebe Field Technician $ 11011 b 3 - $ 4.4/0w4.�5}2� 5 420422 $ 11211.29 5 11.011.29 $ 8209.04 3 8,809.04 $ 820aW $ 8,809.04 $ 8,809.04 $ 8.609.04 3 8,80906 $ 820920 -� � Y ��®®5 4 MII 3$ 8183.61 $ 15,371.22 5 16,371.22 3 1627122\$ 1627122 5 16,37122 3 16,371.22 5 167122 5 152520 S 15,55265 E 16,37122 02121 310 SW0 =:a .--.:::,. .. .:.:�.-. ,::.. •..-•. , _ .✓-."�-.,OrE : :,;.;- -. ..-:-. x ^.-.:. s r,. :;: s�_AMC-0•1Fr :;F" R-` xi"i .i;.ue=1 7 !i'" .2§#E-r�a`.w5, v3 • - k e r :i`. - ::.;�`eP;.}' f- Ciff Smemat 3urvey Meager 3 237.19 $ 2271- 9 1A4397 $ 1A97.49 $ 1.893.93 § $ 1,891.49 $ lA9]- $ $ 1,15)19 --':- S 1,B9]• 9 1A97.19 3 s f(..;i.: 1A81A9 Union C6mre0 Party Chlel S 13631 5 5 1Q946.92 5 21A93.84 9.157.19 f 17113911 - $ - 9,157.19 5 17,157.11 17,162.11 $ • 5 172E911 9 338T.71 5 13,683.71 $ Onldn ashumenenm 3 132.59 S - 5 9A0692 3 -- $ 17,047JM 17,1GL11 5 - $ 5 - t7,047.00 $ 17,047.00 3 $ t7,04740 12.250.65 5 12258.W b 1225BA6 Office u0$4 - - - $ - $ 7,64]30 $ 7676.51 S - b $ S T,047.51 $ 767351 S - $ T,07351 i - S Union Union Project Assistant ssista 3 3 84.56 $ S - $ $ • 5 � 3 876.51 $ $ S 6T6.51 9 - S - i 676.51 $ $ 6M51 $ - i 676.51 $ 676.51 $ 676.51 ._ Public Outreach-211,9189ese :::::-.: ,. -..,:, -:'.i:[ ._ .:1: .. :'_- ..,;ice avai*i�^ atF,7Ygu '€-?.S': ' - .:^: - -is _-a. .:y- A., a."EPL- ;.ie n Frsi,',4+ S�?Ta. i✓ Outreach Mm 3 1264. 126416 $ 124. $ 124. $ 1.244.18 S 1,51620 $ 1.03 5 /,62 $ 1,2 1,555.20 $ 14.2 $ 1,53610 Is:SFI $ 1,32 _ 83312 onaut Outreach .:cyist $ 18. s 1A75-71 $ 1,/75.71 S 128490 $ 1.90 $ 18490 $ 16.90 3264.39 9 1,35 3 1,5368 343.6 $ 84326 $ 84326 a 83.6 s 84326 $ 04126 3 01226 3 5 30,26Melissa Holguin Outreach Specialist 8 8813 i $ 3677.63 5 610.90 61390 35251 4 352.51 $ 352.91 ¢ 35221 b 352.51 352.51 $ 35231 S 95251 S 36251 35251 3 95251 $ 352.31 352.31 Wtedals Tes11ng9er Coal Test ,x. _ - ._ .. :r4; : -, , - o- i..�e-T.,.M.0 - __ -?t'-F _F%�Si4c %t�[�..a r. .. 1.^.:L.r. 1I:�0?r. .'1.�, .. -Z - 3- _ -. :J6.: 1_..aiFi.,: $ 30,560.00 $ 14,943.87 $ 10,359.87 $ 24,01227 $ 22,34515 $ 28,331.05 $ 58,113.93 $ 155,988.39 $ 180,805.45 $ 269,923.13 $ 257,621.51 _ $ 212,13202 $ 212,675.33 $ 255,751.75 $ 255,208.44 ..:;. $ 198,536.99 $ 237,727.28 ..o- $ 219,681.25 , n(. $ 211,188.12 $ 79,876.02 $ 48,677.01 $ 384,687.77 $ • • • RCTC RIV-215 Widening Project Southstar Engineering & Consulting Inc. 19-Months Construction - CM Services Cost Summary Labor for Each Firm Arrellano & Associates HDR CCC Psomas Southstar Twining Vali Cooper Total $ 67,665.02 $ 600,505.87 $ 446,153.84 $ 1,917,485.53 $ $ 523,668.35 $ 296,838.60 Fixed Fee (8%) $ 5,413.20 $ 48,040.47 $ $ 35,692.31 $ 153,398.84 $ 41,893.47 $ 23,747.09 Labor Subtotal $ 3,852,317.21 $ 3,852,317.21 General and Administrative Costs ( 3% of subcontractor invoicing) Cost of Material Tests Cost of Other Direct Charges (ODC) Subtotal Labor and Materials Contingency Grand Total 10% $ 58,044.95 $ 106,452.00 $ 80,750.00 $ 4,097,564.16 $ 409,756.42 $ 4,507,320.58 'Note: Overtime will be minimized by staggering start time of staff. If RCTC requests and approves usage of overtime, any overtime utilized will be charged against the contingency amount identified above. RCTC RIV-215 Widening Project Southstar Engineering & Consulting Inc. 19-Months Construction - Other Direct Costs (ODCs Note At actual cost Description Office Space Estimated # 23 Unit Rate $ 1,500.00 Cost $ 34,500.00 At actual cost Telephones / Internet 23 $ 250.00 $ 5,750.00 At actual cost Utilities /Janitorial 23 $ 500.00 $ 11,500.00 Included in OH Computers / Office Equipment 0 0 $ Included in OH Desk / Chair 0 0 $ - at cost on large orders, general office copying included in OH Photocopying/Printing $ 3,000.00 At actual cost Websile (Geographics)/Newsletter $ 12,000.00 At actual cost 877 Helpline $ 1,500.00 At actual cost Postage $ 5,000.00 At actual cost Ceremony Rental Fees (Canopies, Chairs, Tables, etc.) $ 4,000.00 At actual cost Ceremony Supplies, Events, Refreshments, Mementos $ 1,000.00 At actual cost Courier Service $ 500.00 At actual cost Newspaper Advertisement for Open House/Hall Rental $ 2,000.00 ODC Subtotal $ 80,750.00 • • • • Proposed Services Maximum Density, CT 216 Type Roadway Excavation, Sand Backiill, Structural Excavation, Embankment Description Performed all testing associated with backfill and grading operations. The amount of tests will be contingent on the variety of material encountered during earlstructfon. Estimated # • 40 Unit Rate $ 17560 Cost $ 7,000.00 Seive Analysis, CT 202 Roadway Excavation, Send Bsckilll, Structural Excavation, Embankment Performed Wheeling associated with backlit! and grading operations. The amount of tests will be continent on the variety of material encountered during construction. 10 $ 135.00 $ 1,350.00 R • Value CT 301 Roadway Excavation, Sand. Bacafill, Structural Excavation. Embankment Performed all testing associated with badlfill and grading operations. The amount of tests MN be contingent on the variety of material encountered during construction. 5 $ 255.00 $ 1,275.08 Maximum Density, CT 216 Aggregate Base, Aggregate Subbase Perfomled all lading associated wah backfill and gradng operations. The amount of lasts wan be contingent on the variety of materiel encountered during construction. 30 $ 175.00 $ 5,250.00 Serve Analysis, CT 202 Aggregate Base, Aggregate Subbase One Sample every 2500 tonnes or 2000 cubic yards (May be decreased to one per day). 16 $ 135.00 $ 2,160.00 Durability Index CT 229 Aggregate Base, Aggregate Subbase If initial source changes and Initially for acceptance. 2 $ 210.00 $ 420.00 Sand Equivalent Aggregate Base, Aggregate Subbase One Sample every 2500 tomes our 2000 cubic yams (May be decreased to one per day). 16 $ 125.00 $ 2,000.00 Moisture Content CT 226 Aggregate Base, Aggregate Subbase Sampled and tested twice dairy If paid for by weight. 32 $ 25.00 $ 800.00 R.Value CT 301 Aggmgate Base, Aggregate Subbase One Sample every 2500 tonnes or 2000 cebfo yards. 16 $ 275.00 $ 4,400.00 Maximum Density, CT 216 Structural Sackful Performed all testing associated with backfill and grading operations. The amount of tests will be contingent on the variety of material encountered during construction. 6 $ 175.00 $ 1,050.00 Seive Analysis, CT 202 Structural Backfill Performed all testing associated with backtill and grading operations. The amount at tests will be contingent on the variety o1 material encountered dung construction. 6 $ 135.00 $ 810.00 Sand Equivalent CT 217 Structural Back16 Perormed all testing associated with backfill and grading operations. The amount at lasts will be contingent on the variety at material encountered during construction. 6 $ 125.00 $ 750.00 Compression Strength Testing ASTM C172, CT 540 Portland Cement Concrete •Bridge, Major Structures, Minor Structures I set approximately every 250 cubic meters or t set per day 18 $ 29.00 $ 522.00 Fine Aggregate Sand Equivalent CT 217 Portland Cement Concrete - Bridge, Major Structures, Minor Structures 1 test per 250 cubic meters (I1 production is less than 250 cubic meters, 1 lest per day). 18 $ 125.00 S 295090 Sieve Analysis or Coarse Aggregate Portrcln CT 202 Portland Cement Concrete - Bridge, Major Structures, Minor Structures 1 test per 250 cubic meters Of production Is less than 250 cubic meters, 1 lest per day). 18 $ 100.00 $ 1,800.00 Sieve Analysis el Fine Aggregate Portion CT 202 Portland Cement Concrete • Bridge, Major Structures, Minor Structures 1 test per 250 cubic meters (II production Is less than 250 cubit meters, 1 test per day). 18 $ 135.00 $ 2,430.00 Coarse Aggregate Cleanness Value CT 227 Portland Cement Concrete • Bridge, Major Structures, Minor Structures 1 test per 250 cubic meters (If production is less than 250 cubic meters, 1 test per day). 16 $ 275.00 E 4950.00 Sieve Analysis o1 Aggregates CT 202 1 lest for every 12,50010ns or 10% of contractors quality control testing 20 $ 135.00 $ 2200.00 Asphalt Content CT 382 Hest for every 12,5001ons or 10% of comradors quality control testing 20 $ 195.00 $ 3.900.00 Moisture Content CT 310 370 1 test for every 12,500Ions or 10% of contractors qua Ry control testing 20 $ 25.00 $ 500.00 Stabilometer Value CT 366 1 test for every 12,5001ons or 10% of contractors quaiay control testing 20 $ 109.00 $ 080.00 Maximum Density, CT 375, 308 1 test for every 12,500Ions or 10% of contracturequality control testing 20 $ 199.00 $ 3,980.00 Maximum Theoretical Specific Gravity RICE 1 test for every 12,500Ions or 10% of contractors qualay control testing 20 $ 145.00 $ 2900.00 Density of Core Samples, CT 308 1 test for every 250 tons. Cores to be obtained by the Contractor 500 $ 45.00 $ 22.500.00 Sieve Analysis of Aggregates CT 202 1 test for every6,000 tons or 10% of contractors qualy control testing 5 $ 135.00 $ 675.00 Asphalt Content CT 382 1 test for every 6,000 tons or 10% of contractors quality control testing 5 $ 195.00 $ 975.00 Moisture Content CT 310, 370 1 test for every 6,000 tans or ID% of contractors qualty control testing 5 $ 25.00 $ 125.00 Laboratory Testing Allowance for Steel Billed as needed on a Time and Materials Basis for testing required that may be requested by Client. (Allowance Estimated) 1 $ 10,000.00 $ I0A00.00 Laboratory Testing Allowance Bored as needed on a Time and Materials Basis for testing required that may be requested by CReni. (Allowance Estimated) 1 5 ispoo.00 $ I5,000D0 Testa Subtotal $ 108,452.00 60'LPL'EZ $ L999'Z %8 869177 Z99E'0 99LO' I. 0000' L aad000 Ilea Lb'£681.b $ 9L69 Z %8 Z90177 9Z98'0 2299'0 0000'l (UOILIn) BuIUIMI t7817VE %8 'PP/L'Z 9Z98'0 612£'0 0000'l BUIIIIMI b8'86£`£91. $ LLIZZ %9 17£90'Z 99E9'0 8L19'0 0000'1. aElsy;nog lE'Z69`9E $ OZ£4'£ %8 0006'Z OOEb'l 002.17'0 0000'1. seuaosd Lb'0b0`917 $ 0909'Z %8 ZZZ£'Z 9996'0 17E9E'0 0000'1. 300 WIN OZ'Elb`9 $ 09ZL'6 cAs 0009'6 0009'0 0000'0 0000'1. 88;e100ssdgouellauV 09j paxi� Maid uffiM Je!!dginmol W i oa ;goad aa!!d!�!nW me)]. aan pee 4 O sannippv !!o.lifed Ames pa.l!Q Luau saalidmnw • uaaid Aq umopieaa8 peayaanp •oui Bumnsuo3 '8 f upeau!Bu3 aeisglnos pefoad BuiuepiM 51Z-AN aLON • • • ATTACHMENT 2 08-RI V-215-R8.2/R 16.0 EA: OF161 District Agreement 08-1462 COOPERATIVE AGREEMENT This agreement, effective on , is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and: Riverside County Transportation Commission, a public entity referred to as ROTC. RECITALS 1. CALTRANS and RCTC, collectively referred to as PARTNERS, are authorized to enter into a cooperative agreement for improvements within the SHS right of way per Streets and Highways Code sections 114 and/or 130. 2. WORK completed under this agreement contributes toward the addition of one mixed flow lane in each direction on State Route 215 from Murrieta Hot Springs Road Interchange to Scott Road Interchange, referred to as PROJECT. 3. PARTNERS will cooperate to construct the PROJECT. 4. This agreement is separate from and does not modify or supersede prior Cooperative Agreement No. 8-1370. 5. Prior to this agreement, RCTC developed the Project Report; RCTC developed the Plans, Specifications and Estimate; and RCTC developed the Right of Way Certification. 6. RCTC prepared the environmental documentation for PROJECT. 7. The estimated date for COMPLETION OF WORK is December 31, 2016. 8. PARTNERS now define in this agreement the terms and conditions under which they will accomplish WORK. DEFINITIONS CALTRANS STANDARDS — CALTRANS policies and procedures, including, but not limited to, the guidance provided in the Guide to Capital Project Delivery Workplan Standards (previously known as WBS Guide) available at http://www.dot.ca.gov/hq/projmgmt/guidance.htm. PACT Version 9.1 3.31.08 1 of 18 65 District Agreement 08-1462 CEQA — The California Environmental Quality Act (California Public Resources Code, sections 21000 et seq.) that requires State and local agencies to identify the significant environmental impacts of their actions and to avoid or mitigate those significant impacts, if feasible. COMPLETION OF WORK - All PARTNERS have met all scope, cost, and schedule commitments included in this agreement and have signed a COOPERATIVE AGREEMENT CLOSURE STATEMENT. CONSTRUCTION - The project component that includes the activities involved in the administration, acceptance, and final documentation of a construction contract for PROJECT. COOPERATIVE AGREEMENT CLOSURE STATEMENT - A document signed by PARTNERS that verifies the completion of all scope, cost, and schedule commitments included in this agreement. FHWA - Federal Highway Administration. FHWA STANDARDS - FHWA regulations, policies and procedures, including, but not limited to, the guidance provided at httn://www.tbwa.dot.gov/programs.html. FUNDING PARTNER - A partner who commits a defined dollar amount to WORK. FUNDING SUMMARY - The table in which PARTNERS designate funding sources, types of funds, and the project components in which the funds are to be spent. Funds listed on the FUNDING SUMMARY are "not -to -exceed" amounts for each FUNDING PARTNER. HM-1- Hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law whether it is disturbed by PROJECT or not. HM-2 - Hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law only if disturbed by PROJECT. HM MANAGEMENT ACTIVITIES - Management activities related to either HM-1 or HM-2 including, without limitation, any necessary manifest requirements and disposal facility designations. IMPLEMENTING AGENCY - The partner responsible for managing the scope, cost, and schedule of a project component to ensure the completion of that component. 1QA - Independent Quality Assurance — Ensuring that IMPLEMENTING AGENCY'S quality assurance activities result in WORK being developed in accordance with the applicable standards and within an established Quality Management Plan. IQA does not include any work necessary to actually develop or deliver WORK or any validation by verifying or rechecking work performed by another partner. PACT Version 9.1 5-28-09 2of18 66 • • District Agreement 08-1462 PARTNERS — The tern that collectively references all of the signatory agencies to this agreement. This term only describes the relationship between these agencies to work together to achieve a mutually beneficial goal. It is not used in the traditional legal sense in which one partner's individual actions legally bind the other partners. PROJECT MANAGEMENT PLAN — A group of documents used to guide a project's execution and control throughout the project's lifecycle. RESIDENT ENGINEER — A civil engineer licensed in the State of California who is responsible for construction contract administration activities. Said engineer shall be independent of the design engineering company and the construction contractor. SCOPE SUMMARY — The table in which PARTNERS designate their commitment to specific scope activities within each project component as outlined by the Guide to Capital Project Delivery Workplan Standards (previously known as WBS Guide) available at http://www.dot.ca.gov/hq/projmgmt/guidance.htm. SHS — State Highway System. SPONSOR(S) — The partner that accepts the obligation to secure financial resources to fully fund WORK. This includes any additional funds beyond those committed in this agreement necessary to complete the full scope of WORK defined in this agreement or settle claims. SFM (State Furnished Material) — Any materials or equipment supplied by CALTRANS. WORK — All scope and cost commitments included in this agreement. RESPONSIBILITIES 9. RCTC is SPONSOR for all WORK. 10. RCTC is the only FUNDING PARTNER for this agreement. RCTC's funding commitment is defined in the FUNDING SUMMARY. 11. CALTRANS is the CEQA lead agency for PROJECT. 12. RCTC is IMPLEMENTING AGENCY for CONSTRUCTION. SCOPE Scope: General 13. All WORK will be performed in accordance with federal and California laws, regulations, and standards. PACT Version 9.1 5-28-09 3of18 67 District Agreement 08-1462 All WORK will be performed in accordance with FHWA STANDARDS and CALTRANS STANDARDS. 14. IMPLEMENTING AGENCY for a project component will provide a Quality Management Plan for that component as part of the PROJECT MANAGEMENT PLAN. 15. CALTRANS will provide IQA for the portions of WORK within existing and proposed SHS right of way. CALTRANS retains the right to reject noncompliant WORK, protect public safety, preserve property rights, and ensure that all WORK is in the best interest of the SHS. 16: RCTC may provide IQA for the portions of WORK outside existing and proposed SHS right of way. 17. PARTNERS may, at their own expense, have a representative observe any scope, cost, or schedule commitments performed by another partner. Observation does not constitute authority over those commitments. 18. Each partner will ensure that all of their personnel participating in WORK are appropriately qualified to perform the tasks assigned to them. 19. PARTNERS will invite each other to participate in the selection and retention of any consultants who participate in WORK. 20. PARTNERS will conform to sections 1720 — 1815 of the California Labor Code and all applicable regulations and coverage determinations issued by the Director of Industrial Relations if PROJECT work is done under contract (not completed by a partner's own employees) and is governed by the Labor Code's definition of a "public work" (section 1720(a)(1)). PARTNERS will include wage requirements in all contracts for "public work" and will require their contractors and consultants to include prevailing wage requirements in all agreement -funded subcontracts for "public work". 21. IMPLEMENTING AGENCY for each project component included in this agreement will be available to help resolve WORK -related problems generated by that component for the entire duration of PROJECT. 22. CALTRANS will issue, upon proper application, at no cost, the encroachment permits required for WORK within SHS right of way. Contractors and/or agents, and utility owners will not perform WORK within SHS right of way without an encroachment permit issued in their name. 23. If unanticipated cultural, archaeological, paleontological, or other protected resources are discovered during WORK, all work in that area will stop until a qualified professional can PACT Version 9.1 5-28-09 4of18 68 District Agreement 08-1462 evaluate the nature and significance of the discovery and a plan is approved for its removal or protection. RCTC will notify CALTRANS within twenty-four (24) hours of any discovery. 24. PARTNERS will hold all administrative draft and administrative final reports, studies, materials, and documentation relied upon, produced, created, or utilized for PROJECT in confidence to the extent permitted by law. Where applicable, the provisions of California Government Code section 6254.5(e) will govem the disclosure of such documents in the event that PARTNERS share said documents with each other. PARTNERS will not distribute, release, or share said documents with anyone other than employees, agents, and consultants who require access to complete WORK without the written consent of the partner authorized to release them, unless required or authorized to do so by law. 25. If any partner receives a public records request, pertaining to WORK under this agreement, that partner will notify PARTNERS within five (5) working days of receipt and make PARTNERS aware of any transferred public documents. PARTNERS will consult with each other prior to the release of any public documents related to the PROJECT and provided by the other partner. 26. If HM-1 or HM-2 is found during WORK, IMPLEMENTING AGENCY for the project component during which it is found will immediately notify PARTNERS. 27. CALTRANS, independent of PROJECT, is responsible for any HM-1 found within existing SHS right of way. CALTRANS will undertake HM-1 MANAGEMENT ACTIVITIES with minimum impact to PROJECT schedule. 28. If HM-1 is found outside existing SHS right of way, responsibility for such HM-1 rests with the owner(s) of the parcel(s) on which the HM-1 is found. AUTHORITY, in concert with the local agency having land use jurisdiction over the parcel(s), will ensure that HM-1 management activities are undertaken with minimum impact to PROJECT schedule. 29. If HM-2 is found within PROJECT limits, the public agency responsible for the advertisement, award, and administration (AAA) of the PROJECT construction contract will be responsible for HM-2 MANAGEMENT ACTIVITIES. 30. CALTRANS' acquisition or acceptance of title to any property on which any HM-1 or HM-2 is found will proceed in accordance with CALTRANS' policy on such acquisition. 31. PARTNERS will comply with all of the commitments and conditions set forth in the environmental documentation, environmental permits, approvals, and applicable agreements as those commitments and conditions apply to each partner's responsibilities in this agreement. PACT Version 9.1 5-28-09 5of18 69 District Agreement 08-1462 32. IMPLEMENTING AGENCY for each project component will furnish PARTNERS with written monthly progress reports during the implementation of WORK in that component. 33. Upon COMPLETION OF WORK, ownership and title to all materials and equipment constructed or installed as part of WORK within SHS right of way become the property of CALTRANS. 34. IMPLEMENTING AGENCY for a project component will accept, reject, compromise, settle, or litigate claims of any non -agreement parties hired to do WORK in that component. 35. PARTNERS will confer on any claim that may affect WORK or PARTNERS' liability or responsibility under this agreement in order to retain resolution possibilities for potential future claims. No partner shall prejudice the rights of another partner until after PARTNERS confer on claim. 36. PARTNERS will maintain and make available to each other all WORK -related documents, including financial data, during the term of this agreement and retain those records for four (4) years from the date of termination or COMPLETION OF WORK, or three (3) years from the date of final federal voucher, whichever is later. 37. PARTNERS have the right to audit each other in accordance with generally accepted governmental audit standards. CALTRANS, the State auditor, FHWA, and RCTC will have access to all WORK -related records of each partner for audit, examination, excerpt, or transaction. The examination of any records will take place in the offices and locations where said records are generated and/or stored and will be accomplished during reasonable hours of operation. The audited partner will review the preliminary audit, findings, and recommendations, and provide written comments within 60 calendar days of receipt. Any audit dispute not resolved by PARTNERS is subject to dispute resolution. Any costs arising out of the dispute resolution process will be paid within 30 calendar days of the final audit or dispute resolution findings. 38. PARTNERS consent to service of process by mailing copies by registered or certified mail, postage prepaid. Such service becomes effective 30 calendar days after mailing. However, nothing in this agreement affects PARTNERS' rights to serve process in any other matter permitted by law. 39. PARTNERS will not incur costs beyond the funding commitments in this agreement. if IMPLEMENTING AGENCY anticipates that funding for WORK will be insufficient to PACT Version 9.1 5-28-09 6 of 18 • • 70 District Agreement 08-1462 complete WORK, SPONSOR(S) will seek out additional funds and PARTNERS will amend this agreement. 40. If WORK stops for any reason, IMPLEMENTING AGENCY will place all facilities impacted by WORK in a safe and operable condition acceptable to CALTRANS. 41. If WORK stops for any reason, PARTNERS are still obligated to implement all applicable commitments and conditions included in the PROJECT environmental documentation, permits, agreements, or approvals that are in effect at the time that WORK stops, as they apply to each partner's responsibilities in this agreement, in order to keep PROJECT in environmental compliance until WORK resumes. 42. Each partner accepts responsibility to complete the activities that they selected on the SCOPE SUMMARY. Activities marked with "N/A" on the SCOPE SUMMARY are not included in the scope of this agreement. Scope: CONSTRUCTION 43. RCTC will advertise, open bids, award, and approve the construction contract in accordance with the Public Contract Code and the California Labor Code. RCTC will not advertise the construction contract until CALTRANS completes or accepts the final plans, specifications, and estimate package; CALTRANS approves the Right of Way Certification; and FUNDING PARTNERS fully fund WORK. By accepting responsibility to advertise and award the construction contract, RCTC also accepts responsibility to administer the construction contract. 44. RCTC will provide a RESIDENT ENGINEER and construction support staff who are independent of the design engineering company and construction contractor. 45. PARTNERS will implement changes to the construction contract through contract change orders (CCOs). PARTNERS will review and concur on all CCOs over $100,000. All CCOs affecting public safety or the preservation of property, all design and specification changes, and all major changes as defined in the CALTRANS Construction Manual will be approved by CALTRANS in advance of the CCO work to be performed. 46. If the lowest responsible construction contract bid (plus estimated contingencies, supplemental costs and State Furnished Material costs) is equal to or less than the amount shown on the FUNDING SUMMARY for CONSTRUCTION Capital, the IMPLEMENTING AGENCY may award the contract. if the lowest responsible construction contract bid is greater than the amount shown on the FUNDING SUMMARY for CONSTRUCTION Capital, all PARTNERS must be involved in determining how to proceed. If PARTNERS do not agree in writing on a course of action within 15 working days, this agreement will terminate. PACT Version 9.1 5-28-09 7of18 71 District Agreement 08-1462 47. RCTC will require the construction contractor to furnish payment and performance bonds naming RCTC as obligee and to carry liability insurance in accordance with CALTRANS specifications. 48. RCTC will submit a written request to CALTRANS for any SFM identified in the PROJECT PS&E package a minimum of 45 calendar days. RCTC will submit a written request to CALTRANS for any additional SFM deemed necessary during PROJECT construction. 49. Upon receipt of both SFM and full payment of CALTRANS' invoice for estimated SFM costs, CALTRANS will make the SFM available at a CAL fRANS-designated location. 50. CALTRANS will provide Source Inspection on reimbursed basis. 51. If the need for permits, agreements, and/or approvals arises, RCTC will coordinate the following resource agency permits, agreements, and/or approvals: Regional Water Quality Control Board (401), and Department of Fish and Game (1602). 52. If the need for permits, agreements, and/or approvals arises, RCTC will obtain the following resource agency permits, agreements, and/or approvals: Regional Water Quality Control Board (401), and Department of Fish and Game (1602). 53. If the need for permits, agreements, and/or approvals arises, RCTC will implement the following resource agency permits, agreements, and/or approvals: Regional Water Quality Control Board (401), and Department of Fish and Game (1602). 54. If the need for permits, agreements, and/or approvals arises, RCTC will renew and amend the following resource agency permits, agreements, and/or approvals: Regional Water Quality Control Board (401), and Department of Fish and Game (1602). 55. RCTC will provide maintenance for those portions of the SHS within WORK limits until COMPLETION OF WORK, after which, maintenance will be handled through an existing maintenance agreement. COST Cost: General 56. SPONSOR(S) will secure funds for all WORK including any additional funds beyond the FUNDING PARTNERS' existing commitments in this agreement. Any change to the funding commitments outlined in this agreement requires an amendment to this agreement. 57. The cost of any awards, judgments, or settlements generated by WORK is WORK cost. 58. CALTRANS, independent of PROJECT, will pay all costs for HM MANAGEMENT ACTIVITIES related to HM-1 found within existing SHS right of way. PACT Version 9.1 5-28-09 8of18 • 72 District Agreement 08-1462 • 59. Independent of PROJECT, all costs for management activities related to HM-1 found outside the existing SHS right of way will be the responsibility of the owner(s) of the parcel(s) where the HM-1 is located. • 60. HM MANAGEMENT ACTIVITIES costs related to HM-2 are a PROJECT CONSTRUCTION cost. 61. The cost of coordinating, obtaining, complying with, implementing, and if necessary renewing and amending resource agency permits, agreements, and/or approvals is a WORK cost. 62. The cost to comply with and implement the commitments set forth in the environmental documentation is a WORK cost. 63. The cost to ensure that PROJECT remains in environmental compliance is a WORK cost. 64. The cost of any legal challenges to the CEQA environmental process or documentation is a WORK cost. 65. Independent of WORK costs, CALTRANS will fund the cost of its own IQA for WORK done within existing or proposed future SHS right of way. 66. Independent of WORK costs, RCTC will fund the cost of its own IQA for WORK done outside existing or proposed future SHS right of way. 67. Fines, interest, or penalties levied against any partner will be paid, independent of WORK costs, by the partner whose actions or lack of action caused the levy. That partner will indemnify and defend all other partners. 68. The cost to place PROJECT right of way in a safe and operable condition and meet all environmental commitments is a WORK cost. 69. Because IMPLEMENTING AGENCY is responsible for managing the scope, cost, and schedule of a project component, if there are insufficient funds available in this agreement to place the right of way in a safe and operable condition, the appropriate IMPLEMENTING AGENCY accepts responsibility to fund these activities until such time as PARTNERS amend this agreement. IMPLEMENTING AGENCY may request reimbursement for these costs during the amendment process. 70. If there are insufficient funds in this agreement to implement applicable commitments and conditions included in the PROJECT environmental documentation, permits, agreements, and/or approvals that are in effect at a time that WORK stops, the partner implementing the commitments or conditions accepts responsibility to fund these activities until such time as PARTNERS amend this agreement. PACT Version 9.1 5-28-09 9of18 73 District Agreement 08-1462 That partner may request reimbursement for these costs during the amendment process. 71. PARTNERS will pay invoices within 30 calendar days of receipt of invoice. 72. FUNDING PARTNERS accept responsibility to provide the funds identified on the FUNDING SUMMARY. 73. SPONSOR(S) accepts responsibility to ensure full funding for the identified scope of work. Cost: CONSTRUCTION Support 74. The cost to maintain the SHS within WORK limits is a WORK cost until COMPLETION OF WORK, after which, the cost of maintenance will be handled through an existing maintenance agreement. 75. Each PARTNER listed below may submit invoices for CONSTRUCTION Support: • RCTC will invoice CALTRANS 76. PARTNERS will exchange funds for actual costs. RCTC will submit to CALTRANS monthly invoices for costs of the prior month's actual expenditures. After PARTNERS agree that all WORK is complete, RCTC will submit a final accounting for all WORK costs. Based on the final accounting, PARTNERS will refund or invoice as necessary in order to satisfy the obligation of this agreement. Cost: CONSTRUCTION Capital 77. The cost of all STATE FURNISHED MATERIAL is a CONSTRUCTION capital cost. CALTRANS will invoice RCTC for the actual cost of any STATE -FURNISHED MATERIAL. 78. Each PARTNER listed below may submit invoices for CONSTRUCTION Capital: • RCTC will invoice CALTRANS 79. PARTNERS will exchange funds for actual costs. RCTC will submit to CALTRANS monthly invoices for costs of the prior month's actual expenditures. PACT Version 9.1 5-28-09 10 of 18 • 74 District Agreement 08-1462 After PARTNERS agree that all WORK is complete, RCTC will submit a final accounting for all WORK costs. Based on the final accounting, PARTNERS will refund or invoice as necessary in order to satisfy the obligation of this agreement. SCHEDULE 80. PARTNERS will manage the schedule for WORK through the work plan included in the PROJECT MANAGEMENT PLAN. GENERAL CONDITIONS 81. This agreement will be understood in accordance with and governed by the Constitution and laws of the State of California. This agreement will be enforceable in the State of California. Any legal action arising from this agreement will be filed and maintained in the Superior Court of the county in which the CALTRANS district office signatory to this agreement resides. 82. CALTRANS invoices for support costs including all direct and applicable indirect costs. Applicable indirect costs are determined by the type of funds being used to pay for support. State and federal funds are subject to the Program Functional Rate. Local funds (Measure money, developer fees, special assessments, etc.) are subject to the Program Functional Rate and the Administration Rate. CALTRANS establishes the Program Functional Rate and the Administration Rate annually according to State and Federal regulations. 83. All obligations of CAL TRANS under the terms of this agreement are subject to the appropriation of resources by the Legislature, the State Budget Act authority, and the allocation of funds by the California Transportation Commission. 84. Any PARTNER who performs IQA does so for its own benefit, further, that PARTNER cannot be assigned liability due to it's IQA activities. 85. Neither RCTC nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CALTRANS under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS under this agreement. It is understood and agreed that CALTRANS will fully defend, indemnify, and save harmless RCTC and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS under this agreement. 86. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by RCTC PACT Version 9.1 5-28-09 11 of 18 75 District Agreement 08-1462 under or in connection with any work, authority, or jurisdiction conferred upon RCTC under this agreement. It is understood and agreed that RCTC will fully defend, indemnify, and save harmless CALTRANS and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by RCTC under this agreement. 87. This agreement is not intended to create a third party beneficiary or define duties, obligations, or rights in parties not signatory to this agreement. This agreement is not intended to affect the legal liability of PARTNERS by imposing any standard of care for completing WORK different from the standards imposed by law. 88. PARTNERS will not assign or attempt to assign agreement obligations to parties not signatory to this agreement. 89. Any ambiguity contained in this agreement will not be interpreted against PARTNERS. PARTNERS waive the provisions of California Civil Code section 1654. 90. A waiver of a partner's performance under this agreement will not constitute a continuous waiver of any other provision. An amendment made to any article or section of this agreement does not constitute an amendment to or negate all other articles or sections of this agreement. 91. A delay or omission to exercise a right or power due to a default does not negate the use of that right or power in the future when deemed necessary. 92. If any partner defaults in their agreement obligations, the non -defaulting partner(s) will request in writing that the default be remedied within 30 calendar days. If the defaulting partner fails to do so, the non -defaulting partner(s) may initiate dispute resolution. 93. PARTNERS will first attempt to resolve agreement disputes at the PROJECT team level. If they cannot resolve the dispute themselves, the CALTRANS district director and the executive officer of RCTC will attempt to negotiate a resolution. If no resolution is reached, PARTNERS' legal counsel will initiate mediation. PARTNERS agree to participate in mediation in good faith and will share equally in its costs. Neither the dispute nor the mediation process relieves PARTNERS from full and timely performance of WORK in accordance with the terms of this agreement. However, if any partner stops WORK, the other partner(s) may seek equitable relief to ensure that WORK continues. Except for equitable relief, no partner may file a civil complaint until after mediation, or 45 calendar days after filing the written mediation request, whichever occurs first. PACT Version 9.1 5-28-09 12 of 18 76 District Agreement 08-1462 Any civil complaints will be filed in the Superior Court of the county in which the CALTRANS district office signatory to this agreement resides. The prevailing partner will be entitled to an award of all costs, fees, and expenses, including reasonable attorney fees as a result of litigating a dispute under this agreement or to enforce the provisions of this article including equitable relief. 94. PARTNERS maintain the ability to pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution. 95. If any provisions in this agreement are deemed to be, or are in fact, illegal, inoperative, or unenforceable, those provisions do not render any or all other agreement provisions invalid, inoperative, or unenforceable, and those provisions will be automatically severed from this agreement. 96. This agreement is intended to be PARTNERS' final expression and supersedes all prior oral understanding or writings pertaining to WORK. 97. If during performance of WORK additional activities or environmental documentation is necessary to keep PROJECT in environmental compliance, PARTNERS will amend this agreement to include completion of those additional tasks. 98. PARTNERS will execute a formal written amendment if there are any changes to the commitments made in this agreement. 99. This agreement will terminate upon COMPLETION OF WORK or upon 30 calendar days' written notification to terminate and acceptance between PARTNERS, whichever occurs first. However, all indemnification, document retention, audit, claims, environmental commitment, legal challenge, and ownership articles will remain in effect until terminated or modified in writing by mutual agreement. 100. The following documents are attached to, and made an express part of this agreement: SCOPE SUMMARY, FUNDING SUMMARY. 101. Signatories may execute this agreement through individual signature pages provided that each signature is an original. This agreement is not fully executed until all original signatures are attached. PACT Version 9.1 5-28-09 13 of 18 77 District Agreement 08-1462 CONTACT INFORMATION The information provided below indicates the primary contact data for each partner to this agreement. PARTNERS will notify each other in writing of any personnel or location changes. These changes do not require an amendment to this agreement. The primary agreement contact person for CALTRANS is: Emad Makar, Project Manager 464 West 4th Street, 6th Floor, (MS-1229) San Bernardino, California 92401-1400 Office Phone: (909) 383-4978 Mobile Phone: (909) 289-4632 Fax Number: (909) 383-6472 Email: emad makar@dot.ca.gov The primary agreement contact person for RCTC is: Lisa DaSilva, Capital Project Manager 4080 Lemon Street, 3rd Floor, P.O. Box 12008 Riverside, California 92502-2208 Office Phone: (951) 787-7141 Email: Ldasilva@rctc.org PACT Version 9.1 5-28-09 14 of 18 78 District Agreement 08-1462 SIGNATURES PARTNERS declare that: 1. Each partner is an authorized legal entity under California state law. 2. Each partner has the authority to enter into this agreement. 3. The people signing this agreement have the authority to do so on behalf of their public agencies. STATE OF CALIFORNIA RIVERSIDE COUNTY TRANSPORTATION DEPARTMENT OF TRANSPORTATION COMMISSION By: Raymond W. Wolfe, PhD By: District Director Anne Mayer Executive Director CERTIFIED AS TO FUNDS: Attest: Best, Best and Krieger •By: Legal Counsel Lisa Pacheco Budget Manager • PACT Version 9.1 3.31.08 15 of 18 79 08-RI V-215-R8.2/R 16.0 EA: OF161 District Agreement 08-1462 SCOPE SUMMARY $-�rget S' 4 r n� 't€ � • k" P ,� �i S 3 � s i � a ° " x � z �s x .+ a.�,,fss�3y�� , � y.{ ?4z F i 1.' � s+` 1` { Y.. A�i.l y.! +?k' y. a-, _ys 4 � t ..��' '?.w .!� i t.-. ` x �• t�"�`A� R* � 5 Construction (CON) - 270, 285, 290, 295 X X 270 Construction Engineering and General Contract Administration X X 10 Construction Staking Package and Control X 15 Construction Stakes X 20 Construction Engineering Work X 25 Construction Contract Administration Work X 05 Secured Lease for Resident Engineer Office Space or Trailer X 10 Set Up Construction Project Files X 15 Pre -Construction Meeting X 20 Progress Pay Estimates X 25 Weekly Statement of Working Days X 30 Construction Project Files and General Field Office Clerical Work X 35 Labor Compliance Activities X 40 Approved Subcontractor Substitutions X 45 Coordination X 50 Civil Rights Contract Compliance X 99 Other Construction Contract Administration Products X 30 Contract Item Work Inspection X 35 Construction Material Sampling and Testing X X 05 Materials Sampling and Testing for Quality Assurance X 10 Plant Inspection for Quality Assurance X 15 Independent Assurance Sampling and Testing X 20 Source Inspection X 40 Safety and Maintenance Reviews X 45 Relief From Maintenance Process X 55 Final Inspection and Acceptance Recommendation X 60 Plant Establishment Administration X 65 Transportation Management Plan Implementation During Construction X 75 Resource Agency Permit Renewal and Extension Requests X 80 Long -Term Environmental Mitigation/Mitigation Monitoring During Construction Contract X 99 Other Construction Engineering and General Contract Administration X 285 Contract Change Order Administration X X 05 Contract Change Order Process X 10 Functional Support X PACT Version 9.1 3.31.08 16 of 18 80 District Agreement 08-1462 290 Resolve Contract Claims X 05 Analysis of Notices of Potential Claims X 10 Supporting Documentation and Responses to Notices of Potential Claims X 15 Reviewed and Approved Claim Report X 20 District Claim Meeting or Board of Review X 25 Arbitration Hearing X 30 Negotiated Claim Settlement X 35 Technical Support X 295 Accept Contract, Prepare Final Construction Estimate, and Final Report X X 05 Processed Estimate After Acceptance X 10 Proposed Final Contract Estimate X 15 As -Built Plans X 20 Project History File X 25 Final Report X 30 Processed Final Estimate X 35 Certificate of Environmental Compliance X 40 Long Term Environmental Mitigation/Mitigation Monitoring After Construction Contract Acceptance X 45 Post -Construction Traffic Operations Activities X 99 Other Accept Contract/ Prepare Final Construction Estimate and Final Report X PACT Version 9.1 3.31.08 17of 18 81 FUNDING SUMMARY acre `Improvement Accouni STIP/RIP , Subtotals by Component $18,530,000:00 . $48,570,000.00 $6,530,000.00 $B,53b,0➢0.0b saoo $6,530,000.00 $32,p4b,QOD.00> $1.6 530,00b.0o $48,570,000.00 $16130,000 $55,100,000.00 PACT Version 9.1 3.31.08 82 • 18 of 18 08-RI V-215-R8.2/R 16.0 EA: OF161 District Agreement 08-1462 • AGENDA ITEM 10 • • • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: June 28, 2010 TO: Western Riverside County Programs and Projects Committee FROM: Edda Rosso, Capital Projects Manager Richard Bryan, Bechtel Rail Projects Manager Erik Galloway, Bechtel Project Coordinator THROUGH: Marlin Feenstra, Project Delivery Director SUBJECT: Agreement with HDR Engineering Inc. for Construction Management Services for the Perris Valley Line Project STAFF RECOMMENDATION: This item is for the Committee to: 1) Award Agreement No. 10-31-058-00 to HDR Engineering Inc. (HDR), pending completion of negotiations, to provide construction management (CM) services for the Perris Valley Line (PVL) project in the amount to be agreed upon between the Commission and HDR at the end of negotiations; 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; 3) Authorize the Executive Director to approve contingency work up to the total not to exceed amount as requested for the project; 4) Authorize the Executive Director, pursuant to legal counsel review, to execute related utility and other local agency agreements necessary for the design and construction of the project; and 5) Forward to the Commission for final action. BACKGROUND INFORMATION: the PVL Metrolink extension continues to be one of the Commission's top priorities. The PVL project was included in both Measure A expenditure plans and has received significant approvals and funding from the Federal Transit Administration (FTA) and Congress, which appropriated $75 million dollars for the project. Most importantly, the project offers an important opportunity for renewed transportation investment that establishes a strong transit backbone for Western Riverside County while offering an alternative to vehicular travel on Interstate 215. At its September 12, 2007 meeting, the Commission awarded an agreement to STV Inc. (STV) to provide planning, environmental, and preliminary engineering Agenda Item 10 83 services for the PVL. STV completed the preliminary engineering phase of its services on June 1, 2009, with the submittal of the 30% design deliverable. At its May 13, 2009 meeting, the Commission approved an amendment -to STV's agreement for advanced preliminary engineering, final design, support for procurement of construction materials, and design support during construction of the PVL. In addition, the Commission approved the development of a federal supplemental environmental assessment (SEA) and a state environmental impact report (EIR) for the PVL project. On April 5, 2010, the draft EIR was issued for public comment. Public hearings were held on April 14 and 22 and May 17, and the public comment period closed on May 24, 2010. Once the EIR and SEA are finalized and the finding of no significant impact and notice of determination are issued and approval is received from FTA in the form of a project construction grant agreement, the Commission can commence with final design and start construction of the project, respectively. It is anticipated that when the project receives environmental approval, the project will be advertised for construction in late 2010/early 2011. Prior to advertisement of the project for construction, staff plans to establish an agreement with a qualified CM consultant to perform the following tasks: Phase I: Preconstruction • Develop a number of required manuals and plans (i.e. CM procedures manual and safety program, QA/QC audit plan, environmental control plan, project control plan, project procedures manual); • Perform a constructability and design review of the preliminary and final plans and estimate; • Develop a constructability analysis report phasing plan and project master schedule; • Assist in the prequalification of potential support the bid/award process; Phase II: Construction that will include construction construction contractors, and • Perform all CM duties; • Coordinate flagging: Schedule Southern California Regional Rail Authority (SCRRA) flagging, assign watch persons for protection of workers and equipment under CM purview, assure that all CM field personnel complete, and stay current with freight railroad safety training; • Conduct systems inspection, testing, commissioning, and start-up; Agenda Item 10 • 84 • • • Phase III: Post Construction • Perform contract close-out duties; • Monitor and track warranties; and • Coordinate station turn over to Commission and its maintenance contractors. The phasing of CM services is the preferred practice on large infrastructure projects and many of the pre -construction phase services are specifically required by FTA. FTA will only allow notice to proceed (NTP) for the pre -construction phase services prior to environmental clearance; however, staff is negotiating the complete scope of work for all phases of the project. The scope, cost, and schedule will be broken up to reflect the phasing of the project and to allow NTP's to be issued for the separate phases. Selection Process A request for qualifications for construction management services for the PVL project was issued on January 14, 2010, and a pre -submittal conference was held on February 2, to present the project and answer any questions for the interested parties. Five consultants' statements of qualifications (SOO) were submitted prior to the March 25 deadline. An evaluation committee was appointed to review the five submitted SOQ's received and to conduct interviews of the short listed firms. The evaluation committee members included two representatives from the Commission staff, and one representative each from Bechtel, SCRRA, and Burlington Northern Santa Fe. After evaluation of the SOQ's by the evaluation committee, three firms were short listed and notified on April 22, 2010, that they would be interviewed. The firms included: • HDR Engineering, Inc. • Hill International, Inc. • PB Americas, Inc. Interviews of firms were conducted on May 12, and HDR was selected by the evaluation committee as the most qualified consultant. On May 18, Commission staff initiated the negotiations process. At this meeting the negotiations process was discussed and HDR was requested to submit a scope, cost, and schedule proposal for construction management services for the PVL project. Staff received HDR's scope, cost, and schedule proposal on June 4, 2010. The second negotiation meeting was scheduled for June 16, during which HDR was provided corrections and comments on its scope, cost, and Agenda Item 10 85 schedule. Subsequent meetings will be held to discuss revisions made by HDR and to continue the negotiation process until agreement can be reached. Staff is evaluating HDR's proposed costs, rates, and fees for the project to ensure they are comparable to other consultants for similar types of work and that the costs reflect the current economic conditions. It is staff's intent to complete the negotiation process prior to the June 28 Committee meeting, and at that time, provide an update detailing the results of the negotiation process. If staff is unable to reach an agreement with HDR at the completion of the negotiation process, staff will request the second ranked consultant, Hill International, Inc., to submit its scope, cost, and schedule for review and negotiations. This will result in the recommendation for award being rescheduled to the August Committee/September Commission cycle. Financial Information In Fiscal Year Budget: Yes Year: FY 2010/11 Amount: TBD Source of Funds: Measure A Rail Funds, FTA 5307 Budget Adjustment: No GL/Project Accounting No.: 003800 81302 221 33 81301 003823 81302 221 33 81301 Fiscal Procedures Approved: \1 4, Date: 06/16/10 Agenda Item 10 • 86 AGENDA ITEM 11 • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: June 28, 2010 TO: Western Riverside County Programs and Projects Committee FROM: Brian Cunanan, Commuter Assistance Manager THROUGH: Robert Yates, Multimodal Services Director SUBJECT: Fiscal Year 2010/11 Agreements for Regional Rideshare Services STAFF RECOMMENDATION: This item is for the Committee to: 1) Award Agreement No. 10-41-029-01, Amendment No. 1 to Agreement No. 10-41-029-00, with the San Bernardino Associated Governments (SANBAG) as part of the Commission's continuing bi-county partnership with SANBAG to deliver commuter/employer rideshare services, regional ridematching services, and operation of an Inland Empire 511 system for FY 2010/11; 2) Award Agreement No. 07-41-115-02, Amendment No. 2 to Agreement No. 07-41-115-00, with Orange County Transportation Authority (OCTA) and Agreement No. 06-41-082-05, Amendment No. 5 to Agreement No. 06-41-082-00, with the Ventura County Transportation Commission (VCTC) for regional ridematching services; 3) Authorize the Chair, pursuant to legal counsel review, to execute the agreements on behalf of the Commission; and 4) Forward to the Commission for final action. BACKGROUND INFORMATION: Since 1993, SANBAG has contracted with the Commission to develop, implement and manage a commuter assistance program (CAP) for San Bernardino County commuters. The program consists of several projects. • The first, Rideshare Incentives, developed as a "sister" incentive project to the Commission's Measure A commuter incentive project, focuses on encouraging solo drivers to try alternative commute modes. • RidesharePlus, modeled after the Commission's rideshare rewards program, provides discounts at local merchants and entertainment venues for long-term ridesharers. • Inland Empire Commuter Services (IECS) was jointly established by SANBAG and the Commission in FY 1995/96 when it was determined by the two Agenda Item 11 87 agencies that the Inland Empire would assume direct responsibility for the provision of local employer rideshare services. IECS provides various services to employers in the bi-county area including the provision of marketing promotions, rideshare survey processing, technical assistance, employer network meetings and electronic newsletters. • In FY 2002/03, the Commission and SANBAG began providing Ridematching and Teleservices directly. • In FY 2009/10, Inland Empire 511 was implemented to provide traveler information to Riverside and San Bernardino County commuters. In July 2009, the Commission approved a $1,900,500 agreement with SANBAG for CAP services and the implementation of an 1E511 system. Based on SANBAG staff's guidance, the Commission has developed a FY 2010/11 work plan and budget for continuation of SANBAG's CAP and the ongoing maintenance and operation of a 511 travel information services system. The proposed amendment between SANBAG and the Commission was approved by SANBAG's Board at its June 2, 2010 meeting. This approval includes an allocation of Measure I and CMAQ funds for these services. Staff is seeking Commission approval to enter into an amendment with SANBAG to extend the contract term through June 30, 2011, and to increase the contract amount by $1,608,333 for a total not to exceed amount of $3,508,833 reimbursed to the Commission. The Commission's role in transportation demand management also extends beyond the boundaries of the Inland Empire. Since 2002, the Commission has led the way in implementing, operating, and maintaining the regional rideshare database (regional database) to support a coordinated and efficient ridematching service throughout a five county region. Specifically, this entails processing commuter surveys, data retrieval, project reporting, rideguide generation, network security, system maintenance and operation. The Los Angeles County Metropolitan Transportation Authority (Metro), OCTA, SANBAG, and VCTC have contracted with the Commission for the administration of the regional database for the past eight years. Funding of the regional database is split among the five county transportation commissions (CTC) based on population percentage split. Metro's agreement for regional ridematching services, approved by the Commission in July 2009, is valid through June 30, 2011. OCTA and VCTC are in the process of amending and seeking approval of their respective agreements with the Commission to extend the term through FY 2010/11. Staff is seeking Commission approval to enter into agreements with the CTCs for these services in FY 2010/11 for an aggregate amount not to exceed $320,000 reimbursed to the Commission. Agenda Item 11 • 88 • • • Financial Information In Fiscal Year Budget: Yes Year: FY 2010/11 Amou nt: $1,928,400 Source of Funds: SANBAG Measure I—TMEE and CMAO OCTA and VCTC funds Budget Adjustment: No GLA No.: 002111 /0021 12/6321 1 3/0021 27/0021 39/002146/0021 78/0021 82/0021 8 6/002188/002191 /002193-416-41605-0000 263-41-41203 002111 /0021 1 2/6321 1 3/0021 27/0021 39/002146/0021 78/0021 82/0021 8 6/002188/002191/002193-414-41403-0000 263-41-41401 452124-416-41605-0000 202-45-41203 452124-414-41403-0000 202-45-41401 Fiscal Procedures Approved: \44,g,i,Akliemin Date: 06/15/10 Attachments: 1) FY 2010/11 SANBAG Agreement and Scope of Work 2) FY 2010/11 Regional Ridematch Database Services Scope of Work Agenda Item 11 89 ATTACHMENT 1 Amendment No.1 to Contract 09-190 (1000152) By and Between RIVERSIDE COUNTY TRANSPORTATION COMMISSION And SAN BERNARDINO ASSOCIATED GOVERNMENTS For Implementation of San Bernardino County Employer and Commuter Trip Reduction/Rideshare Programs This Amendment No.1 to Contract No. 09-190 ("Contract") is entered into as of June 2, 2010 by and between San Bernardino Associated Governments ("SANBAG') and the Riverside County Transportation Commission ("RCTC"). Recitals WHEREAS, SANBAG and RCTC, have previously entered into the Contract , wherein SANBAG engaged RCTC to implement and manage the bi-county Inland Empire Employer and Commuter Trip Reduction/Rideshare Programs; and WHEREAS, SANBAG and RCTC desire to amend the Contract to modify the Scope of Work, add additional funding, and extend the term for one additional year. NOW, THEREFORE, the parties agree to amend the Contract in the following manner: 1. Section A.1, A.2 and A.3, sl;all be amended by replacing Attachment "A" with Attachment "B" which is attached to this Amendment and by reference, incorporated in and made a part of this Contract. 2. Section B.1, Compensation, shall be replaced with the following: 1; is understood that SANBAG funding for the program under this Agreement will not exceed three million five hundred eight thousand, eight hundred thirty-three dollars and no cents ($3,508,833.00) and is being provided from the following sources: (a) Three million, one hundred six thousand, three hundred sixty- nine dollars and eighty-five cents ($3,106,369.85) from CMAQ funds, and C09190_01.doc 90 (b) Four hundred two thousand, four hundred sixty-three dollars and fifteen cents ($402,463.15) from San Bernardino County local lh cent sales tax, Measure I- Traffic Management Systems (TMS) funds. 3. Section 7.C.1, Term, shall be replaced with the following: This Contract shall commence on July 1, 2009 and terminate on June 30, 2011, unless it is extended by a written amendment approved by the parties. 4. All other portions of Contract 09-190 shall remain in full force and effect. IN WITNESS WHEREOF, the authorized parties have below signed and executed this Amendment to the Contract, and shall be effective on the date set forth above. SAN BERNARDINO ASSOCATED RIVERSIDE COUNTY GOVERNMENTS TRANSPORTATION COMMISSION Paul M. Eaton, President Bob Buster, Chairman APPROVED AS TO FORM APPROVED AS TO FORM FOR SANBAG kilsCa201. oir ene Basle, BAG Counsel C09190 01.doc FOR RCTC Best, Best & Krieger, RCTC Counsel • 91 • • • Scope of Work San Bernardino Employer and Commuter Assistance Programs Fiscal Year 2010-11 Inland Empire Rideshare Services Provide a variety of services to employers and commuters, who participate in trip reduction activities. Activities shall include, but not be limited to: RideGuide/survey services, employer technical assistance, promotions, RideGuide production, coordination/dissemination of surveys and resulting report analysis for target marketing, Rideshare Connection broadcast e-mails, CommuteSmart News, networking meetings and coordination with other rideshare agencies and service providers. Assist multi -site and multi - jurisdictional headquarters employers within the County as well as related worksites outside of the County. Oversee and maintain a regional website (CommuteSmart.info), IE511.org website, social media platforms, and other regional products/outreach as assigned. Respond to inquiries generated from 511, 1-800-COMMUTE, 1-866-RIDESHARE, CommuteSmart.info, as well as direct referrals. Oversee and maintain a regional database of commuters, working with the five county transportation commissions (CTCs) throughout the region. Market the regional Guaranteed Ride Home Program to employers in San Bernardino County. Assist in the County's leased Park'N'Ride lot program. Operate the 511 program through phone and web services, providing enhancements, resolving issues, conducting marketing and periodic surveys. Conduct special projects and studies, as assigned. Related Expenses ($925,483): Includes labor, office expenses, marketing materials, office equipment, computer programming, telephone and other direct expenses. Goals: 1. Implementation of commuter assistance programs to approximately 370 regulated and non -regulated employer worksites in San Bernardino County, to assist in the development and implementation of trip reduction programs and for technical assistance. 2. Work with 82 employers on AVR/Transportation surveys and AVR calculations. 3. Maintain an accurate database of 55,000 active San Bernardino County commuter registrants, resulting from completed commuter surveys at 82 San Bernardino County employers. C09190_01.doc 92 4. Disseminate 16,500 RideGuides to San Bernardino County commuters at 379 worksites. 5. Provide assistance to five multisite/multijurisdictional headquarters located in San Bernardino County representing 18 worksites in San Bernardino, Riverside, as well as Los Angeles and Orange counties. 6. Develop and implement three employer transportation network meetings, one promotional marketing campaign at San Bernardino employer worksites, and other events. 7. Produce and disseminate other regional marketing materials, as standalone campaigns within the Inland Empire or regional campaigns in coordination with the five CTCs. 8. Broadcast 14 Rideshare Connection a -mails to San Bernardino County employers. 9. For the two -county area, respond to 4,000 inquires/calls from commuters who work or reside in San Bernardino or Riverside counties, via 1-866- RIDESHARE, 1-800-COMMUTE, CommuteSmart.info, 511, direct referrals and other internet sources. Of these 4,000 inquiries, 450 RideGuides will be generated. In addition, 500 Inland residents will register in the database via the www.CommuteSmart.info and the www.ie511.org website. 10. Manage and operate the 511 system which will be available to commuters 24 hours a day, 7 days per week, 365 days per year. 11. The 511 phone system will provide assistance to 7,200 callers per month throughout the year. The system will have the capacity to handle 100,000 concurrent callers. 12. The www.ie511.org website will potentially receive 6,400 unique visitors per month . Website will be able to handle 100,000 concurrent users. 13. Continue 511 marketing/outreach. 14. Conduct periodic surveys to determine the 511 program use, effectiveness and customer satisfaction. 15. Provide website and phone enhancements/upgrades as needed. Rideshare Incentive Programs Option Rideshare offers San Bernardino County residents who commute to work, up to $2 a day (in local merchant gift cards) for each day they participate in a rideshare mode, during a three-month period. The Vanpool Incentive Program provides up to $1,800 over nine months in discounted vanpool fares. Team Ride provides ongoing ridesharers who reside in San Bernardino County a Rideshare Plus Rewards Book, with discount coupons from more than 135,000 merchants throughout the southland. Related Expenses ($682,850): C09190 01.doc 93 • • Includes labor, office expenses, marketing materials, office equipment, computer programming, telephone, direct commuter incentives (gift cards/ subsidies) and other direct expenses. Goals: 1. The Option Rideshare program will enlist 1,400 County residents, who commute to work to 145 employers in Southern California. These participants on average have a one-way commute distance of 27.59 miles and the goal is to reduce 132,000 one way vehicle trips from the roadways. 2. Team Ride registrants will consist of 7,825 members by the end of December 2010, when the program is at its highest membership. Members will work at employment sites from 370 employers throughout Southern California. C09790_O1.doc 94 • • ATTACHMENT 2 Draft 3-24-10 Riverside County Transportation Commission REGIONAL RIDEMATCH DATABASE SERVICES FY 10-11 SCOPE OF WORK Manage the regional ridematch database system and parallel school database system on behalf of and in partnership with the County Transportation Commission's (CTC's). Each database will be secured from tampering yet accessible to users needs with timely and accurate software. Monitor and maintain the performance of the hardware and connectivity software of the regional ridematch wide area network, and ridematching website. Maintenance of the ridematching and school software will be coordinated with the software vendor, Trapeze, and their designated product support staff. Monitor system performance to ensure that quality and throughput are optimum and that system integrity is maintained. Task 1: Coordinate software and database maintenance and installation of enhancements. Work with CTC staffs to identify needs or program refinements on an annual basis, including AVR Program refinements as required by the SCAQMD. Work with Trapeze staff to develop programs to satisfy identified needs, and to install and test them. Install periodic updates from vendor. Monitor the system and augment security and data access controls as needed to maintain the confidentiality of information, including an annual test by an outside contractor. Task includes travel expense for four visits per year to each CTC office, if necessary, and annual license maintenance fees. Also includes cost of annual testing for web site security against a hack attack. Products: • Review RidePro error logs on a daily basis, assess error messages to determine next steps, take action with the appropriate entities (i.e., internal action, CTC's or RidePro product support staff) to secure resolution of issues. • Install product updates and enhancements including customized programming authorized by CTC's. Provide testing of new programs and enhancements to ensure that programs are functioning correctly and that any program compatibility issues are resolved. • Maintain annual Wish List of programming needs and coordinate programming, installation and testing with Trapeze staff. • Monitor performance of the servers, routers and switches to ensure system is operating at peak performance. • Work with selected contractor to facilitate web testing for security. • Report any system downtime to CTC's. • Up to four visits per year to each CTC location for system maintenance 95 Task 2: Maintain the address geo-coding database for translation of street addresses and intersections into geographic references for ridematching, mapping, and other geographic referential products. On a bi-annual basis include a zip code overlay in the update of the digital base maps. Zip code overlay will be purchased and implemented by Trapeze. Products: • Coordinate annual updates of digital base maps with CTC's and Trapeze. • Identify and resolve any discrepancies in digital base maps in response to geocoding anomalies. Task 3: Maintain computer software (i.e., RidePro administrative tracking, CommuteSmart use tracking/reporting) to accurately and concisely track rideshare database activities and services for reporting to CTC's. Product: • Quarterly rideshare database report including website activity. Task 4: Provide technical and help desk support services to CTC staffs. Provide assistance with troubleshooting of problems related to functionality of software and/or wide area network connectivity. Operate a telephone connection for direct contact with the Help Desk. Provide training or instructional materials on new programs and functions within the RidePro and AVR databases to CTC staffs. Products: • Respond daily to on-line and telephone technical inquires and trouble reports. • Assess source of reported problems, determine appropriate actions, and facilitate resolution by appropriate staff. • Prepare and distribute quarterly summary of reported problems and actions taken. • Provide "help" information as needed to all users. • Operate a special Help Desk telephone "hot line" for assistance requests. Task 5: Manage and coordinate the regional rideshare database system in partnership with the CTC's to ensure the effective delivery of ridematching services to employers, TMA's and commuters of the five county region. Products: • Facilitate collective policy decisions relating to operational and procedural functionality of the system. • Provide liaison between the CTC's and the SCAQMD for maintenance and required updates to the AVR functions of the databases. • Coordinate with CTC technical staffs regarding hardware specifications and conformity. • Provide liaison between CTC's and Trapeze product support staff. • Monthly Regional Services Report of regional ridematching activity. 2 • 96 • • Task 6: A. Operating Equipment Maintain computer system hardware, consistent with the specifications provided by Trapeze Software and agreed to by the CTC's, to accommodate the regional rideshare database, and the implementation and operation of the Wide Area Network. Repair or replace hardware items as needed. Product: • Periodic hardware and software maintenance of Database Servers, Storage Area Network, two Citrix Terminal Services Servers for remote access, Web Server, Job Process Server, workstation for network administration, and various routers and switches as needed B. Network Connectivity Maintain the configuration of T3, Frame Relay, and other bandwidth connection to efficiently operate the Wide Area Network. Products: • Monitor and troubleshoot operation of T3 Line for Ridematching Website access and for access to Terminal Services Server • Monitor and troubleshoot access lines to ensure operational integrity and security. On -going analysis of capacity issues and recommendations for additions or improvements. 3 97 AGENDA ITEM 12 • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: June 28, 2010 TO: Western Riverside County Programs and Projects Committee FROM: Brian Cunanan, Commuter Assistance Manager THROUGH: Robert Yates, Multimodal Services Director SUBJECT: Agreement with the Department of California Highway Patrol for Operation of the Call Box System STAFF RECOMMENDATION: This item is for the Committee to: 1) Approve Agreement No. 10-45-109-00 with the California Highway Patrol (CHP) for the operation of the call box system for a three-year term, and one one-year option to extend the agreement in the amount of $15,900; 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: At its May 2006 meeting, the Commission, in its capacity as the Riverside County Service Authority for Freeway Emergencies (SAFE), approved an agreement with CHP for the operation of the call box system. This agreement expires on June 30, 2010, and staff is seeking approval for a new agreement with CHP for another four-year term. Previously, the Commission and CHP entered into agreements to reimburse the CHP for all costs associated with the implementation and operation of the call box system in Riverside County. At that time, legislation required the CHP to answer all call box calls and provide central dispatching services for SAFE call box motorist aid systems in areas of CHP jurisdiction and within Ca!trans right of way. However, SB 396, enacted July 31, 1997, authorized the SAFEs to contract with private call answering centers, with the coordination and approval of the CHP. Subsequently, the Riverside County call box program entered into an agreement with San Bernardino Associated Governments to share the costs of a private call answering center (CAC). The CAC began answering all of the call box calls on February 9, 2002, and only true emergencies calls are sent to the CHP. All other non -emergency calls are either routed through a remote message system (similar to e-mail) to the CHP for its information or are handled by the CAC. The Commission Agenda Item 12 98 is still required to reimburse the CHP for its proportionate share of the CHP SAFE Coordinator position. The attached agreement is for a three-year term from July 1, 2010 through June 30, 2013, along with a one-year option to extend the agreement. The total amount of the agreement shall not exceed $15,900 with the annual amounts payable to CHP at $3,200, $3,700, and $4,200 per fiscal year. The additional one-year option through June 30, 2014, is at an amount not to exceed $4,800. For the new CHP call box coordinator agreement, $3,200 has been included in the proposed FY 2010/11 SAFE program budget. Financial Information I In Fiscal Year Budget: Yes Year: FY 2010/11 FY 2011/12+ Amount: $ 3,200 $12,700 Source of Funds: SAFE DMV Fees Budget Adjustment: No GL/Project Accounting No.: 002174 81016 00000 0000 202 45 81002 Fiscal Procedures Approved: \Afbi,d„y Date: 06/15/10 Attachment: Draft Agreement No. 10-45-109-00 Agenda Item 12 • • 99 • • • AGREEMENT BETWEEN THE STATE OF CALIFORNIA DEPARTMENT OF CALIFORNIA HIGHWAY PATROL AND RIVERSIDE COUNTY SERVICE AUTHORITY FOR FREEWAY EMERGENCIES THIS AGREEMENT is made and entered into by and between the State of California acting by and through Department of California Highway Patrol, hereinafter called CHP, and Riverside County Service Authority for Freeway Emergencies, hereinafter called SAFE, under provisions of California Vehicle Code Sections 2421.5 and 9250.10, and Streets and Highway Code Section 131.1 and Chapter 14 (commencing with Section 2550) to Division 3. WITNESSETH: By and in consideration of the covenants and conditions herein contained, CHP and SAFE do hereby agree as follows: 1. The term of this agreement shall be July 1, 2010 through June 30, 2013. 2. This Agreement is for services and assistance provided by CHP in accordance with the "CHP/Caltrans Call Box and Motorist Aid Guidelines," as they may be revised from time to time, attached hereto as Exhibit A, incorporated herein by reference, and shall be referred to as the "GUIDELINES". 3. This Agreement shall not become effective until (1) SAFE has submitted to CHP a copy of the resolution, order, motion, or ordinance from SAFE approving execution of this agreement and identifying the individual authorized to sign on behalf of SAFE, and (2) that this Agreement is duly signed by both parties. 4. That SAFE shall notify CHP in writing, no later than January 31, 2013, that SAFE wishes to extend the services and assistance rendered by CHP pursuant to this Agreement for one (1) additional year. If CHP is so notified, this Agreement shall be in effect -through June 30, 2014, and the total amount payable to CHP for this additional year of service shall not exceed $4,800.00, unless otherwise determined by CHP cost analysis to be greater. 5. This Agreement may be modified in writing and signed by both parties, and shall be modified by the parties to conform to any future changes to federal or state law which affect the terms of this Agreement. 6. Because of the time and expense early termination would entail to both parties, either party may terminate this agreement before the expiration of its term, or any extension, upon six (6) months prior written notice to the other party. 7. Notwithstanding subparagraph 6, CHP or SAFE may terminate this agreement upon thirty (30) days prior written notice to SAFE should SAFE be financially unable to reimburse CHP for services under this Agreement. 100 8. For services and assistance herein, SAFE agrees to reimburse CHP quarterly, in arrears and upon receipt of an itemized invoice, for charges identified in Section 20 Item f. Upon receipt, payment shall be made to CHP as invoiced within sixty (60) days. If payment is not submitted because of a dispute, SAFE shall submit the reasons for the dispute to CHP within sixty (60) days of receiving the invoice charges. a. Payment shall be made to: Department of California Highway Patrol Fiscal Management Section P.O. Box 942900 Sacramento, CA 94298-2900 b. Invoices shall be sent to: Riverside County SAFE P.O. Box 12008 Riverside, CA 92502-2208 9. The maintenance of the call box system (outside of CHP communications center), including telephone service and line costs, shall be the sole responsibility of SAFE. 10. The SAFE may contract with the CHP to perform duties as mutually agreed by the parties. As long as SAFE operates a private Call Answer Center that initially answers motorist aid call box calls, CHP and SAFE agree that no CHP operator positions shall be charged to SAFE during the term of this Agreement. However, if billing is necessary, Annex H of the GUIDELINES shall be used for the billing purposes if a residual workload can be substantiated. 11. The SAFE shall pay for its proportional share of the actual wage rate for one (1/2) CHP SAFE Coordinator position, and SAFE's proportional share of computer equipment costs (including software), when applicable. The SAFE Coordinator position, as well as the reimbursable computer equipment (including software), shall be used for SAFE related business. 12. Each SAFE's proportional share billing "factor" shall be determined at the beginning of each fiscal year by comparing the number of motor vehicles registered within each SAFE's boundaries to the total number of motor vehicles registered in all counties who have entered into SAFE agreements with CHP: This proportional share shall be billed over four (4) fiscal quarters. The CHP shall include an estimation of SAFE Coordinator's personnel and computer equipment costs in the annual staffing estimation. • • • 101 • • 13. Call box calls shall be handled by CHP communications centers as third level priority after 911 (first priority) and allied agency (second priority) calls. The CHP statewide standard level of service for the handling of call box calls is as follows: a. Call box calls shall be handled as rapidly as possible, however they should be handled ideally no longer than sixty (60) seconds after the first ring at the communications center. Experience has shown that when emergency communications traffic becomes unusually heavy, call box traffic also increases. At these times, motorists may be required to wait several minutes for service. b. Call box calls should be handled ideally within a 3.5 minute (210 seconds) total call handling time. However, it is understood that the use of such services, as the Translation Service Contractor, shall increase total call handling time to levels above this standard. 14. The CHP shall be responsible for the procurement, installation, and maintenance of all communications center equipment related to the call box/motorist aid system. All systems procured for CHP dispatch operation shall be designed by CHP. No equipment shall be installed in a CHP facility which does not meet all CHP operational and technical specifications. 15. All communications center equipment purchased under this agreement shall become the sole property of CHP. 16. If CHP ceases to provide freeway call box dispatching services, CHP shall pay to SAFE that proportion of the fair market value of all equipment purchased for CHP in whole or part with SAFE funding. The current fair market value shall be determined by Telecommunications Division, Department of General Services, at the time of cessation of service. 17. The CHP shall review SAFE's plans and specifications for upgrading, or modifying SAFE's call box system, and provide written comments within sixty (60) days of submittal by SAFE. If the sixty (60) day time frame cannot be met, CHP shall notify SAFE, in writing, specifying the reasons and indicating the additional time required. It is understood that all upgrades or modifications to SAFE's system shall be in accordance with the GUIDELINES. 18. The CHP shall submit an itemized invoice quarterly to SAFE which may include the following ongoing charges: a. The SAFE Coordinator personnel costs shall be based on the actual step of the wage scale for SAFE Coordinator position at the time of invoicing. These costs are subject to change according to increases and/or decreases in State of California salary and benefit rates, which are beyond CHP control. 102 b. Indirect Costs shall be applied to monthly personnel costs in accordance with California State Administrative Manual Section 8752 and 8752.1. The indirect cost rate is determined by CHP and approved by the California Department of Finance and is subject to change each state fiscal year. The re-evaluation of staffing requirements shall include an explanation of the projected upcoming fiscal year indirect cost rate. c. Computer equipment costs (including software), when applicable, associated with CHP SAFE Coordinator position. Telephone system costs (if applicable) d. The state shall provide a standard communication center telephone system which shall also be used to handle incoming call box calls. Any agreed upon changes above the standard phone system design, specifically requested by SAFE Program shall be funded by SAFE. e. The total amount of this agreement shall not exceed Fifteen Thousand Nine Hundred Dollars and no cents ($15,900.00) FY 10/11(7/1/10 through 6/30/11), not to exceed $3,200.00 FY 11/12 (7/1/11 through 6/30/12), not to exceed $3,700.00 FY 12/13 (7/1/12 through 6/30/13), not to exceed $4,200.00 19. The CHP agrees to indemnify, defend and save harmless SAFE, its elected officials, officers, employees, agents, and volunteers from any and all claims, losses, demands, causes of action, liabilities, obligations, judgments, or damages, including but not limited to property damage, bodily injury or death, or any other element of damage of any kind or nature, accruing or resulting to any and all contractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this agreement, and from any and all claims, losses, demands, causes of action, liabilities, obligations, judgments, or damages, including but not limited to property damage, bodily injury or death, or any other element of damage of any kind or nature, accruing or resulting to any person, firm or corporation who may be injured or damaged by any negligent act or omission by CHP in the performance of this agreement. Indemnification by CHP includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of SAFE, its elected officials, officers, employees, agents, and/or volunteers for all legal expenses and costs incurred by each of them. The CHP's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by SAFE, its elected officials, officers, employees, agents, or volunteers. The SAFE agrees to indemnify, defend and save harmless CHP, its elected officials, officers, employees, agents, and volunteers from any and all claims, losses, demands, causes of action, liabilities, obligations, judgments, or damages, including but not limited • • 103 • • • to property damage, bodily injury or death, or any other element of damage of any kind or nature, accruing or resulting to any and all contractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this agreement, and from any and all claims, losses, demands, causes of action, liabilities, obligations, judgments, or damages, including but not limited to property damage, bodily injury or death, or any other element of damage of any kind or nature, accruing or resulting to any person, firm or corporation who may be injured or damaged by any negligent act or omission by SAFE in the performance of this agreement. Indemnification by SAFE includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of CHP, its elected officials, officers, employees, agents, and/or volunteers for all legal expenses and costs incurred by each of them. The SAFE'S obligation to indemnify shall be restricted to insurance proceeds, if any, received by CHP, its elected officials, officers, employees, agents, or volunteers. 20. Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which is not disposed of by mutual agreement of the parties may be submitted to an independent arbitrator mutually agreed upon by CHP and SAFE. The arbitrator's decisions shall be non -binding and advisory only, and nothing herein shall preclude either party, at any time, from pursuing any other legally available course of action, including the filing of a law suit. Pending a final decision of a dispute hereunder, both parties shall proceed diligently with the performance of their duties under this agreement, and such continued performance shall not constitute a waiver of any rights, legal or equitable, of either party relating to the dispute. 21. All services under this Agreement shall be coordinated by: Communications Centers Support Section 601 N. 7th Street, Bldg. C Sacramento, CA 95811 (916)843-4280 The contact person shall be CHP SAFE Coordinator. SAFE agrees that the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. SAFE, agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. SAFE agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, SAFE agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this 104 agreement.. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896). 22. This agreement, and any attachments or documents incorporated herein by -inclusion or reference, constitutes the complete and entire agreement between CHP and SAFE and supersede supersedes any prior representations, understandings, communications, commitments, agreements or proposals, oral or written. 23. Under no circumstances shall SAFE or its subcontractor(s) use the name California Highway Patrol or CHP to promote a product which is part of the call box system without the written consent of CHP. STATE OF CALIFORNIA RIVERSIDE COUNTY Department of California Highway Patrol Service Authority for Freeway Emergencies J. T. Uyeda Bob Buster, Chair Administrative Services Division Date Date Department of California Highway Patrol Business Services Section Contract Services Unit P.O. Box 942898 Sacramento, CA 94198-0001 Legal Counsel, Riverside County SAFE Date Riverside County SAFE P.O. Box 12008 Riverside, CA 92502-2208 • 105