Loading...
05 May 9, 2012 Commission• • • TIME/DATE: LOCATION: -------------------------------- Riverside (ounly Transportation Commission MEETING AGENDA 9:30a.m. I Wednesday, May 9, 2012 BOARD ROOM County of Riverside Administrative Center 4080 Lemon Street, First Floor, Riverside &a COMMISSIONERS ._, Chair -John J. Benoit First Vice Chair -Karen Spiegel Second Vice Chair -Marion Ashley Bob Buster, County of Riverside John F. Tavaglione, County of Riverside Jeff Stone, County of Riverside John J. Benoit, County of Riverside Marion Ashley, County of Riverside Bob Botts I Don Robinson, City of Banning Roger Berg I Jeff Fox, City of Beaumont Joseph DeConinck I To Be Appointed, City of Blythe Ella Zanowic I Jeff Hewitt, City of Calimesa Mary Craton I Barry Talbot, City of Canyon Lake Greg Pettis I Kathleen DeRosa, City of Cathedral City Steven Hernandez I Eduardo Garcia, City of Coachella Karen Spiegel I Eugene Montanez, City of Corona Scott Matas I Yvonne Parks, City of Desert Hot Springs Adam Rush I Ike Bootsma, City of Eastvale Larry Smith I Robert Youssef, City of Hemet Douglas Hanson I Patrick Mullany, City of Indian Wells Glenn Miller I Michael Wilson, City of Indio Frank Johnston I Micheal Goodland, City of Jurupa Valley Terry Henderson I Don Adolph, City of La Quinta Bob Magee I Melissa Melendez, City of Lake Elsinore Darcy Kuenzi I Wallace Edgerton, City of Menifee Marcelo Co I Richard Stewart, City of Moreno Valley Rick Gibbs I Kelly Bennett, City of Murrieta Berwin Hanna I Kathy Azevedo, City of Norco Jan Harnik I William Kroonen, City of Palm Desert Ginny Foat I Steve Pougnet, City of Palm Springs Daryl Busch I AI Landers, City of Perris Scott Hines I Gordon Moller, City of Rancho Mirage Steve Adams I Andy Melendrez, City of Riverside Andrew Kotyuk I Scott Miller, City of San Jacinto Ron Roberts I Jeff Comerchero, City of Temecula Ben Benoit I Timothy Walker, City of Wildomar To Be Appointed, Governor's Appointee RECORDS Comments are welcomed by the Commission. If you wish to provide comments to the Commission, please complete and submit a Speaker Card to the Clerk of the Board. Tara Byerly From: Sent: To: Cc: Subject: Attachments: Importance: Tara Byerly Thursday, May 03, 2012 8:09AM Tara Byerly Jennifer Harmon RCTC May Commission Agenda -lpad Users Conflict of Interest Memo.pdf; Conflict of Interest Form. pdf High Good Morning Comrnissioners, The May Commission Agenda for the meeting scheduled for Wednesday, May 9@ 9:30a.m. for the IPad Users is available. Please copy this link: http://www .rctc.org/uploads/media items/may-9-20 1 2.original.pdf In addition, attached is the conflict of interest memo and the form for your review. Please let me know if you have any questions. Respectfully, Tara S. Byerly Senior Administrative Assistant 4080 Lemon Street, 3rd Floor Riverside, CA 92501 (951) 787-7141 1 Tara Byerly From: Tara Byerly Sent: To: Thursday, May 03, 2012 8:11 AM Tara Byerly Subject: RCTC May Commission Agenda Importance: High Good Morning Commission Alternates: Attached below is the link to the May 9, 2012 Commission Meeting Agenda. Please copy the link below and paste it into a web page http://www. rete .erg/uploads/media items/may-9-20 1 2. original. pdf Respectfully, TaraS. Byerly Senior Administrative Assistant 4080 Lemon Street, 3rd Floor Riverside, CA 92501 (951) 787-7141 1 Riverside County Transportation Connission TO: Riverside County Transportation Commission FROM: Jennifer Harmon, Office and Board Services Manager DATE: May 2, 2012 SUBJECT: Possible Conflicts of Interest Issues -Riverside County Transportation Commission Agenda of May 9, 201 2 The May 9, 2012 agenda of the Riverside County Transportation Commission includes items which may raise possible conflicts of interest. A RCTC member may not participate in any discussion or action concerning a contract or amendment if a campaign contribution of more than $250 is received in the past 1 2 months or 3 months following the conclusion from any entity or individual listed. Agenda Item No. 8F -Agreement with HDR Construction Control Corporation for Construction Management Services for the Construction of the Interstate 215/Biaine Street to Martin Luther King Boulevard Widening Project Consultant(s): HDR Construction Control Corporation 2280 Market Street, Suite 100 Riverside, CA 92501 Jon Rohrer, Vice President Meadows Consulting 2471 West ]fh Street San Bernardino, Ca 92410 Karen Meadows, Owner Towill, Inc. 2901 Business Center Drive, Suite 150 Irvine, CA 92612-1130 Dawn Antonucci, Vice President Twining, Inc. 7 32 East Carnegie Drive, Suite 100 San Bernardino, Ca 92408 Chris Gerber, Infrastructure Division Manager Agenda Item No. 9 -Agreement with Jacobs Project Management Co. for Construction Management Services and Cooperative Agreement with Caltrans for Construction of the Interstate 215 Central Widening Project from Scott Road to Nuevo Road, in the City of Perris Consultant(s): Arellano Associates 13791 Roswell Ave., Suite A Chino, CA 91710 Genoveva Arellano, Principal Coyote Nights, Inc. 4894 W. Lone Mountain Rd. #225 Las Vegas, Nevada 89130 Gilbert Flores, Landscape Architect Falcon Engineering Services, Inc. 2482 Steven Drive Corona, CA 92879 Wael Fagih, V. P. Principal Jacobs Project Management Co. 3257 Guasti Rd., Suite 120 Ontario, CA 91761 John Fisher, Vice President Meadows Consulting 24 71 West 7th Street San Bernardino, CA 92410 Karen Meadows, Owner MTGL, Inc. 14467 Meridian Parkway, Building 2A Riverside, CA 92518 Michael J. Landon, President Psomas 1500 Iowa A venue, Suite 210 Riverside, CA 92507 Cliff Simental, Vice President Val~ Cooper and Associates, Inc. 1935 Chicago Ave., Unit A Riverside, CA 92507 Agnes Weber, President RCTC Conflict of Interest Form Purpose: This form is provided to assist members of the RCTC Commissioners in meeting requirements of Government Code Section 84308 and 87100 in documenting conflict of interests as related to RCTC Commission/Committee agenda items. Instructions: Under certain circumstances, RCTC Commission may be required to disclose and disqualify themselves from participating in, influencing, or voting on an agenda item due to personal income, real property interests, investments, business positions, or receipt of campaign contributions. If applicable, Commissioners must personally state the following information, for entry into the public record, prior to consideration of the involved agenda item(s) and turn in the completed form to the Clerk of the Board prior to leaving the meeting. An RCTC member may not participate tn any discussion or action concerning a contract or amendment if a campaign contribution of more than $250 is received in the past 1 2 months or 3 months following the conclusion from any entity or individual. I. Board Member Information Board Member Name City/County Name Meeting Date Jvt. Pr-Itt fl M. Atfll~~ A...\tiCNtl'--\.l-i -r\.. II. Campaign Contributions CCIV~r"'t Ot.41.r 1. I have a disqualifying campaign contribution of over $250 from ~~ .... " I dd'ijlloify the na~~ _ 3: iu .. .!_ndi~jll..~ and therefore I am abstaining from participation on Agenda item .. -, 2. I have a disqualifying campaign contribution of over $250 from I (Identify the name of the company and/or Individual) and therefore I am abstaining from participation on Agenda item , Subject: 3. I have a disqualifying campaign contribution of over $250 from I (Identify the name of the company and/or Individual) and therefore I am abstaining from participation on Agenda item , Subject: 4. I have a disqualifying campaign contribution of over $250 from I (Identify the name of the company and/or Individual) and therefore I am abstaining from participation on Agenda item , Subject: Ill. Financial Interest A .........._ , 1 . I have a financial interest of Jt, .... -~ PAD P\..'AI"~ (ICJI-'~.,from/in W \Tf-'\L~ \1 "".,. !:'!'tate income, real property interest, investment or'business position) (ld~me of compa~ocation) and therefore I am abstaining from participation on Agenda lte~Subject: ...,_.~ ~-'=, 1\lCJ lf'v 2. I have a financial interest of , from/in (State income, real property interest. investment or business position) (Identify name of company or property location) and therefore I .am abstaining from participation on Agenda Item_._, Subject: IV. Signature Board Member Signat~~ A-.UL' Date:&-,.. '_,,__ Please remember you must state the information into the public record prior to consideration of the involved agenda item(s) and turn in the completed form to the Clerk of the Board prior to leaving the meeting. • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION www.rctc.org AGENDA* *Actions may be taken on any item listed on the agenda 9:30a.m. Wednesday, May 9, 2012 BOARDROOM County of Riverside Administrative Center 4080 Lemon Street, First Floor, Riverside, CA 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 special ass/stance is needed to participate in a Commission meeting, please contact the Clerk of the Board at (951) 787-7141. Notification of at least 48 hours prior to meeting time will assist staff in. assuring that reasonable arrangements can be made to provide accessibility at the meeting. 1 . CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. PUBLIC COMMENTS -Each individual speaker is limited to speak three (3) continuous minutes or less. The Commission may, either at the direction of the Chair or by majority vote of the Commission, 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. In addition, the maximum time for public comment for any individual item or topic is thirty (30) minutes. Also, the Commission may terminate public comments if such comments become repetitious. Speakers may not yield their time to others without the consent of the Chair. Any written documents to be distributed or presented to the Commission shall be submitted to the Clerk of the Board. This policy applies to Public Comments and comments on Agenda Items . Riverside County Transportation Commission Agenda May 9, 2012 Page 2 Under the Brown Act, the Commission should not take action on or discuss matters raised during public comment portion of the agenda that are not listed on the agenda. Commission members may refer such matters to staff for factual information or to be placed on the subsequent agenda for consideration. 5. APPROVAL OF MINUTES -APRIL 11, 2012 6. PUBLIC HEARING -PROPOSED BUDGET FOR FISCAL YEAR 2012/13 Page 1 This item is for the Commission to: 1) Discuss, review, and provide guidance on the proposed FY 2012/13 Budget; and 2) Open the public hearing in order to receive input and comments on the proposed FY 2012/13 Budget on May 9 and on June 7, 2012, and thereafter close the public hearing. 7. ADDITIONS I REVISIONS -The Commission 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 Commission subsequent to the posting of the agenda. • An action adding an item to the agenda requires 2/3. vote of the Commission. If there • are less than 2/3 of the Commission 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. · 8. CONSENT CALENDAR -All matters on the Consent Calendar will be approved in a single motion unless a Commissioner(s) requests separate action on specific item(s). Items pulled from the Consent Calendar will be placed for discussion at the end of the agenda. SA. REVISED AB 1234 REIMBURSEMENT POLICY Page 20 Overview This item is for the Commission to: 1) Approve the revisions to the Riverside County Transportation Commission Legislative Body Reimbursement Policy; and 2) Adopt Resolution No. 12-014, "A Resolution of the Riverside County Transportation Commission Regarding the Revisions to the Riverside County Transportation Commission Legislative Body Reimbursement Policy. " • • • • Riverside County Transportation Commission Agenda May 9, 2012 Page 3 88. SINGLE SIGNATURE AUTHORITY REPORT Page 26 Overview This item is for the Commission to receive and file the Single Signature Authority report for the third quarter ended March 31, 2012. 8C. CONSTRUCTION CHANGE ORDER POLICIES Page 28 Overview This item is for the Commission to: 1) Review the Commission's existing change order procedure; and 2) Require committee action when contract change orders exceed the previously-approved contingency. 8D. COOPERATIVE AGREEMENT WITH THE COUNTY OF RIVERSIDE FOR THE STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT Page 31 Overview This item is for the Commission to: 1) Approve Agreement No. 12-31-080-00, a cooperative agreement between the Commission and the county of Riverside (County) related to the State Route 91 Corridor Improvement Project (SR-91 CIP); and 2) Authorize the Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission . Riverside County Transportation Commission Agenda May 9, 2012 _ Page 4 8E. INTERSTATE 215 SCOTT ROAD TO NUEVO ROAD -UTILITY AGREEMENTS AND CONSTRUCTION AND MAINTENANCE AGREEMENT Page45 Overview This item is for the Commission to: 1 ) Authorize the Executive Director, pursuant to legal counsel review, to execute the utility agreements related to the Interstate 215 Scott Road to Nuevo Road Central widening project on behalf of the Commission; 2) Approve Agreement No. 1 2-31-082-00 with Caltrans for construction and maintenance of the Ethanac Overhead Bridge; and 3) Authorize the Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. SF. AGREEMENT WITH HDR CONSTRUCTION CONTROL CORPORATION FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE CONSTRUCTION OF THE INTERSTATE 215/BLAINE STREET TO MARTIN LUTHER KING BOULEVARD WIDENING PROJECT • Overview Page85 • This item is for the Commission to: · 1) Award Agreement No. 12-31-057-00 to HDR Construction Control Corporation (HDR) to provide construction management (CM), materials testing, and construction surveying services for the Interstate 21 5/Biaine Street to Martin Luther King Boulevard widening project, in the amount of $242,055, plus a contingency amount of $24,206, for a total amount not to exceed $266,261; 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; and 3) Authorize the Executive Director to approve contingency work as may be required for the project. • • • • Riverside County Transportation Commission Agenda May 9, 2012 Page 5 8G. AMENDMENT WITH STV, INCORPORATED FOR FEDERAL TRANSIT ADMINISTRATION COORDINATION AND SMALL STARTS SUPPORT FOR THE PERRIS VALLEY LINE Page 152 ·Overview This item is for the Commission to: 1) Approve Agreement No. 08-33-069-03, Amendment No. 3 to Agreement 08-33-069-00, With STV. Incorporated (STV) for additional assistance with Federal Transit Administration (FTA) coordination and Small Starts program support for the Perris Valley Line project in the amount of $115,000, for a total contract amount of $315,709; and 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. 8H. ·PERRIS VALLEY LINE-UTILITY AGREEMENTS 81. Page 157 Overview This item is for the Commission to authorize the Executive Director, pursuant to legal counsel review, to execute utility agreements and utility service agreements related to the Perris Valley. Line (PVL) commuter rail project on behalf of the Commission. AMENDMENT TO RIVERSIDE TRANSIT AGENCY AND SUNLINE TRANSIT AGENCY'S FISCAL YEAR 2011/12 SHORT RANGE TRANSIT PLANS Page 164 Overview This item is for the Commission to: 1) 2) Approve modification to Riverside Transit Agency's (RTA) FY 2011/12 capital improvement program to reflect an additional $2.065 million in Section 5309 State of Good Repair (SGR) program funds and $5,889,196 in FY 2010/11 Proposition 1 B Capital and Security grant funding; Allocate $1 .305 million in Transportation Development Act (TDA) Local Transportation Fund (l TF) funds to provide capital matching funds for the FY 2011/12 Section 5309 program funds awarded to RT A for its paratransit revenue vehicle purchase and facility rehabilitation projects; Riverside County Transportation Commission Agenda May 9,. 2012 Page 6 3) 4) 5) 6) 7) Approve modification to RT A's FY 20 11 I 1 2 operating assistance funding by allocating up to $1 9,000 in 1 989 Measure A Western Riverside County Highway funds to implement a temporary shuttle service Route 54 to support the State Route 91 high occupancy vehicle (HOV) lanes construction project; Approve modification to Sunline Transit Agency's (Sunline) FY 2011/12 operating assistance funding by reflecting a net increase of $83,698 resulting from an increase in federal Section 5307 funds ( + $1 ,026,623), reduction in projected farebox revenues (-$834,774), a decrease in fuel rebates (-$150,000), and additional Air Quality Management District (AOMD) grant funds ( + $41 ,849) for the special transit services for Coachella and Stagecoach Festivals; Approve modification to Sunline's FY 2011/12 capital assistance funding by reflecting an additional $4,91 7,876 in federal Section 5308 Transit Investments for Greenhouse Gas and Energy Reduction (TIGGER) funds for fuel cell bus purchases and. an additional $546,430 in Section 5307 funds for paratransit buses and facility improvement in lieu of TDA State Transit Assistance (STA) funds; Allocate $546,430 in STA funds to provide capital matching funds for the FY 2011/12 Section 5308 program funds awarded to Sunline for the fuel cell buses; and Approve amendments to RTA and Sunline's Short Range Transit Plans (SRTP) to reflect the changes outlined above. · 8J. AGREEMENT FOR THE OPERATION OF THE FREEWAY SERVICE PATROL PROGRAM IN RIVERSIDE COUNTY Page 171 Overview This item is for the Commission to: 1) Approve Agreement No. 12-45-068-00 with the California Department of Transportation (Caltrans) for the operation of the Riverside County Freeway Service Patrol (FSP) program in the amount of $1,653,564 in state funding for FY 2011/12; and 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. • • • • • • Riverside County Transportation Commission Agenda May 9, 2012 Page 7 8K. AMENDMENTS TO FREEWAY SERVICE PATROL AGR~EMENTS Page 182 Overview This item is for the Commission to: 1) 2) 3) 4) Approve Agreement No. 11-45-146-01, Amendment No. 1 to Agreement No. 11-45-146-00, with Pepe's to provide FSP services on Beat No. 4 in the amount of $800,000; Approve Agreement No. 07-45-134-04, Amendment No. 4 to Agreement No. 07-45-134-00, with Pepe's Towing {Pepe's) to provide Freeway Service Patrol {FSP) services on Beat No. 18 in the amount of $115,000; Approve Agreement No. 07-45-136-03, Amendment No. 3 to Agreement No. 07-4~-136-00, with Pepe's to provide FSP services on Beat No. 19 in the amount of $200,000; and Authorize the Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. 8L. FREEWAY SERVICE PATROL COST EFFECTIVENESS EVALUATION Page 185 Overview This item is for the Commission to: 1) Approve Agreement No. 12-45-079-00 with OKS Associates {OKS) to provide a Freeway Service Patrol {FSP) cost effectiveness evaluation in the amount of $25,000; and 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. 8M. CITY OF RIVERSIDE'S AMENDED BICYCLE TRANSPORTATION PLAN Page 204 Overview This item is for the Commission to approve the city of Riverside's {Riverside) amended Bicycle Transportation Plan {BTP) as submitted . 9. Riverside County Transportation Commission Agenda May 9, 2012 Page 8 AGREEMENT WITH JACOBS PROJECT MANAGEMENT CO. FOR CONSTRUCTION MANAGEMENT SERVICES AND COOPERATIVE AGREEMENT WITH CALTRANS FOR CONSTRUCTION OF THE INTERSTATE 215 CENTRAL WIDENING PROJECT FROM SCOTT ROAD TO NUEVO ROAD, IN THE CITY OF PERRIS Page 206 Overview This item is for the Commission to: 1 ) 2) 3) Award Agreement No. 1 2-31-034-00 to Jacobs Project Management Co. (Jacobs) to provide construction management (CM) services, materials testing, and construction surveying for the 1-21 5 central widening project, Scott Road to Nuevo Road, in the city of Perris, in the amount of $11 ,807 ,334, plus a contingency amount of $1,192,666, for a total amount not to exceed $13 million; Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; Authorize the Executive Director to approve contingency work as may be required for the project; • 4) Approve . Coopferhative _Agreemdent No. 12-31-078-00 with Caltrans for .• construction o t e proJect; an 5) Authorize the Executive Director, pursuant to legal counsel review, to execute the cooperative agreement and future non-funding related amendments to this agreement. 10. UPDATE ON STATE AND FEDERAL LEGISLATION Page 289 Overview This item is for the Commission to: 1) Receive and file an update on the state and federal legislation; 2) Adopt the following bill positions: a) AB 2405 (Biumenfield) -Oppose; b) AB 1780 (Bonilla) -Support; c) AB 2498 (Gordon) -Support In Concept; and d) SB 1549 (Vargas) -Support In Concept. • • Riverside County Transportation Commission Agenda May 9, 2012 Page 9 11. ITEM(S) PULLED FROM CONSENT CALENDAR AGENDA 12. COMMISSIONERS I EXECUTIVE DIRECTOR REPORT Overview This item provides the opportunity for the Commissioners and the Executive Director to report on attended meetings/conferences and any other items related to Commission activities. 13. CLOSED SESSION 13A. CONFERENCE WITH LEGAL ·COUNSEL Existing Litigation Pursuant to Section 54956.9(a) Case Number: Case No. RIC 1205364 14. ADJOURNMENT The next Commission meeting and is scheduled to be held at 9:30 a.m., Thursday, June 7, 2012, Board Chambers, First Floor, County Administrative • Center, 4080 Lemon Street, Riverside . • --------~------, ------------------------- RIVERSIDE COUNTY TRANSPORTATION COMMISSION COMMISSIONER SIGN-IN SHEET MAY 9, 2012 /1 NAME AGENCY E MAIL ADDRESS ~~L{# ~s~/6!----c?Pus~k~ , \!;' o b' \:) o-N S <8A-~ (fJ I' .._; q 7c/GI" 7~ ~ (JAAA /1.. ~ 7(/} tl )2(?; fJo ( /)t-~---7 /r7J!J2hi. ~ ( /~_r-- v I 'ej " I~.L. -------I QJ"'-"--.._. L-IJ~ (.() (/ -~ .,JQ_h'Vt\-.1-eM -=.J UHAALI-A Vf'~ tJklv /JFrv~c ;-wct.tl.fJ41'/.-f I f.r c ~~ {;I.PP'..> It vt!fllC:z;tJ-- ~ .. .fl/!f~ -AD>L .. , ~~A ( -~ (-~~ v~ ..--) i:-J#ft Cvut ~/}(Lrz_y SmJfh +--l-eru -(T ---;.u;_~v 1 Hc.}-JJ '€/C-.5 o~ /_4 Ou,Jf-~ ~j"" q!JI l C7 < eY.-(c:-./4/C/J:hlj~ ~V\0 6\<-\c:..t£-Bi ~~-t>tsTRtc:re -::::r:;~ <;.~'!#' ~\"JL..-·as= -::Jo,...,..,~ ~. IJctJot7 fl~v~~ t<~ --So r~at72 c_~ f'v1 /+ f2. I (")H A-.. rH-c~7 ~' V~ c-c:r .·v ~~ ~&s ~..L ':J -v..__JA<il"-.J;~d ~J,-A /.~~ ~-PL. I" }2>//c(-~~ar.-0N ~p- cK~tTh/e eN n (' ''t<o s Q•-' CATlt ec:LL#-1..' c I fv c f.-/ t. t--A _;:? t4tu' o t--V'/ C:. C-'J.n.. ; ~ 5 A- I /~~ ~:/.~~. h ~~ ,;(~AIM k~te 6 \..JZ 'V ,._) M\\~ ~() l.O f J }o ~ \ "' " ~ --\ "'i'l .r ' ""' rnJ: """"' We.\\r. Ct>. r-r.~ 11/M v FO ,:;-r I~L.m_8Pfe,JJ~ ~-\evt"' I Ett.~~-.11\J.t."l ( nAt.lt..ll o.. \ k l LbA.///L ~ALMUE!S~r S' r """11 ~ /.tf I 021?~ Hvr-55;_, . s. 'D (j;({)..j )< l-l.Vft z~ fl/l eA-1 ikf_ v l -- RIVERSIDE COUNTY TRANSPORTATION COMMISSION ROLL CALL MAY 9, 2012 County of Riverside, District I County of Riverside, District II County of Riverside, District Ill County of Riverside, District IV County of Riverside, District V City of Banning City of Beaumont City of Blythe City of Calimesa City of Canyon Lake City of Cathedral City City of Coachella City of Corona City of Desert Hot Springs City of Eastvale City of Hemet City of Indian Wells City of Indio City of Jurupa Valley City of La Quinta City of Lake Elsinore City of Menifee City of Moreno Valley City of Murrieta City of Norco City of Palm Desert City of Palm Springs City of Perris City of Rancho Mirage City of Riverside City of San Jacinto City of Temecula ·City of Wildomar Governor's Appointee, Caltrans District 8 Absent [] D (] D (] D 1': ~w..d. C\ t CS'?.. ca.. (I'\. )2( (] D (] D (] D (] D (] D (] D (] D [] D (] D (] D ;a' D (] D (] D • AGENDA ITEM 5 • MINUTES :. • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION MINUTES · Wednesday, April 11, 2012 1. CALL TO ORDER The Riverside County Transportation Commission was called to order by Chair John J. Benoit at 9:36 a.m. in the Board Room at the County of Riverside Administrative Center, 4080 Lemon Street, Riverside, California, 92501. 2. PLEDGE OF ALLEGIANCE At this time, Chair Benoit led the Commission in a flag salute. 3. ROLL CALL Commissioners/ Alternates Present Steve Adams Marion Ashley Ben Benoit John J. Benoit Roger Berg Bob Botts Daryl Busch Bob Buster Marcelo Co Mary Craton Joseph DeConinck Rick Gibbs Berwin Hanna Jan Harnik Terry Henderson Steven Hernandez 4. PUBLIC COMMENTS Frank Johnston Darcy Kuenzi Bob Magee Scott Matas Glenn Miller Basem Muallem Greg Pettis Adam Rush Larry Spicer Karen Spiegel Jeff Stone John F. Tavaglione Ella Zanowic Commissioners Absent Ginny Foat Scott Hines Andrew Kotyuk Ron Roberts Larry Smith Anne Mayer, Executive Director, introduced and welcomed the Deputy District Director Basem Muallem, representing Caltrans District 8 . Riverside County Transportation Commission Minutes April11, 2012 Page 2 5. APPROVAL OF MINUTES-FEBRUARY 2-3 AND MARCH 14, 2012 M/S/C (Adams/Zanowic) to approve the minutes as submitted. Abstain on February 2-3: Craton and Spicer Abstain on March 14: Spicer 6. ADDITIONS I REVISIONS Haviva Shane, legal counsel, requested the Commission add Agenda Item 138, "Closed Session -Conference with Real Property Negotiators Pursuant to Government Code Section 54956. 8", to the agenda as a late breaking item. This item arose after the agenda was posted and mailed, and there is a need that this item be addressed by the Commission at this time. M/S/C (Kuenzi/Ashley) to add Agenda Item 13B, "Closed Session", to the agenda. 7. CONSENT CALENDAR M/S/C (Craton/Adams) to approve the following Consent Calendar items: Abstain on 7B: Ashley, J. Benoit, and Stone 7 A. AGREEMENT WITH RIVERSIDE TRANSIT AGENCY FOR THE STATE ROUTE 91 SHUTTLE SERVICE FOR THE RIVERSIDE COUNTY EMPLOYEE PARKING LOT 1) Approve Agreement No. 12-31-069-00 with Riverside Transit Agency (RT A) for shuttle service for the Riverside County employee parking · lot for a two-year term in the amount of $218,400; and 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. • •• • • • • Riverside County Transportation Commission Minutes April 11, 2012 Page 3 78. AGREEMENTS FOR FREEWAY SERVICE PATROL TOW TRUCK SERVICE 1) Award Agreement No. 12-45-045-00 to Pepe's Towing (Pepe's) for tow truck services on Beat No. 18 of the Freeway Service Patrol (FSP) program for a three-year term, and two one-year options to extend the agreement, in an amount not to exceed $1,520,000; 2) Award Agreement No. 12-45-046-00 to Pepe's for tow truck services on Beat No. 19 of the FSP program for a three-year term, and two one-year options to extend the agreement, in an amount not to exceed $1,015,000; and 3) Authorize the Chair, pursuant to legaJ counsel review, to execute the agreement on behalf of the Commission. 7C. LEASE OF FREQUENCIES AND REPEATERS FOR FREEWAY SERVICE PATROL DIGITAL RADIO COMMUNICATIONS 1) Approve Agreement No. 12-45-071-00 with Lucky's Two-Way Radios (Lucky's) for lease of frequencies and repeaters for Freeway Service Patrol (FSP) digital radio communications for a term of 38 months in an amount not to exceed $25,000; and 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. 7D. AGREEMENT WITH TRILLIUM SOLUTIONS, INC. FOR GOOGLE TRANSIT DATA FEED SERVICES SUPPORTING THE INLAND EMPIRE 511 SYSTEM 1) Approve Agreement No. 11-41-142-01, Amendment No. 1 to Agreement 11-41-142-00, with Trillium Solutions, Inc. (Trillium), for Google Transit data feed services for the Inland Empire 511 (IE511) system in an amount not to exceed $60,000; and 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission . Riverside County Transportation Commission Minutes April 11 , 201 2 Page 4 8. 7E. AGREEMENT WITH THE FEDERAL TRANSIT ADMINISTRATION FOR THE PROJECT CONSTRUCTION GRANT AGREEMENT FOR THE PERRIS VALLEY LINE AND PROGRAMMING OF CONGESTION MITIGATION AIR QUALITY FUNDS 1) Approve Agreement No. 12-33-073-00 with the Federal Transit Administration (FT A) for the Project Construction Grant Agreement (PCGA) for the Perris Valley Line (PVL) extension commuter rail project; 2) Approve programming $4 7,611 ,000 of Congestion Mitigation and Air Quality (CMAQ) funds for the PVL construction phase; and 3) Authorize the Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. 7F. FEDERAL SURFACE TRANSPORTATION REAUTHORIZATION UPDATE Receive an file an update on federal surface · transportation reauthorization. STATE ROUTE 91 TOLL FACILITY AGREEMENT Michael Blomquist, Toll Program Director, presented the State Route 91 toll facility agreement (TFA) with Caltrans, highlighting the following areas: • Tolling in Riverside; • State tolling authority; • Caltrans and the Commission agreements; and • TFA key provisions. Anne Mayer discussed the efforts to bring this project to fruition, from legislation to its pending construction. Commissioner Karen Spiegel express.ed appreciation to Michael Blomquist for his efforts. She stated as it was mentioned at the Western Riverside County Programs and Projects Committee regarding the two-year gap between the termination dates with the Orange County Transportation Authority (OCTA) and the Commission's agreements with Caltrans and suggested the Commission do its due diligence to address this issue. • • • • • • Riverside County Transportation Commission Minutes April 11, 2012 Page 5 Michael Blomquist stated OCTA's expiration of its lease is established through SB 1316 (Correa), which is December 31, 2065. The Commission's agreement termination is established 50 years following the opening date of the facility. He explained Caltrans, the Commission, and OCT A have acknowledged there will be a gap and discussed the possibilities of how it can be rectified in the future. Commissioner Bob Magee expressed appreciation to Senator Lou Correa for initiating the process and to Assemblymen Kevin Jeffries and Jeff Miller for their tremendous leadership, In addition, he expressed appreciation to OCTA and Caltrans for their regional perspective and expressed gratitude to staff for continuing to move this project forward. In response to Commissioner Larry Spicer's question regarding the collected tolls and estimated toll revenue, Michael Blomquist replied the Commission receives 100 percent of the tolls, which pay the debt service and the operations and maintenance costs of the facility throughout the 50 years of the Commission's operation. The estimated toll revenue for opening year is approximately $20 million. Anne Mayer added once debt service and operations and maintenance costs are paid, excess revenue will fund additional transportation and transit improvements in the corridor. Commissioner Bob Buster stated the construction of the SR-91 Corridor Improvement Project (CIP) will overlap with the SR-91 high occupancy vehicle (HOV) project and believes it would be helpful to clarify if there are any future plans to convert HOV lanes to toll lanes. Michael Blomquist replied the Commission's 2009 Measure A program does not include any improvements between the SR-91 HOV project and the SR-91 CIP. In response to Commissioner Buster's question regarding the number of lanes for HOV and toll lanes, Anne Mayer replied a toll facility can have only one lane in each direction. However, from an operational standpoint, commuters expect predictability and reliability that could be greatly hindered due to an accident or breakdown. Los Angeles County Metropolitan Transportation Authority (Metro) is currently implementing its program that will convert HOV lanes to toll lanes, which will allow the Commission to evaluate how it could work . Riverside County Transportation Commission Minutes April 11 , 20 1 2 Page 6 9. Commissioner Buster then requested confirmation that today' s action by no means commits the existing HOV lanes to become toll lanes as that would require a future action by the Commission. Anne Mayer concurred and stated the Commission does not have any state authority to go beyond its existing direction. Chair Benoit explained SB 1 316 author Senator Correa and co-author Assemblyman Todd Spitzer were key in the development of the toll lanes and the bill passed 74-1 in the Assembly and 33-5 in the Senate .. Commissioner Magee amended his comments to include Chair Benoit. M/S/C (Henderson/Rush) to: 1) Approve Agreement No. 12-31-067-00 with the California Department of Transportation (Caltrans) for a toll facility within State Route 91 in an amount not to exceed $6,000; and 2) Authorize the Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission . COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE REIMBURSEMENT OF STATE ROUTE 91 HIGH OCCUPANCY VEHICLE PROJECT FREEWAY SERVICE PATROL COSTS Brian Cunanan, Commuter and Motorist Assistance Manager, provided an overview of the cooperative agreement with Caltrans for the reimbursement of Freeway Service Patrol (FSP) costs for the SR-91 HOV project. M/S/C (Pettis/Craton) to: 1) Approve Agreement No. 12-45-074-00 with the State of California Department of Transportation (Caltrans) for Freeway Service Patrol (FSP) service support during the construction of the State Route 91 high occupancy vehicle (SR-91 HOV) project; and 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. • • • • • • ---------------------------- Riverside County Transportation Commission Minutes April11, 2012 Page 7 10. PRESENTATION FOR THE STATE ROUTE 91 HIGH OCCUPANCY VEHICLE PROJECT Anne Mayer introduced Dennis Green, Green Com, Inc., to present the SR-91 HOV project update. She stated a brochure for the SR-91 HOV project was distributed to the Commissioners. Anne Mayer explained Caltrans is administering the SR-91 HOV project with Dennis Green supplementing community. outreach efforts. Dennis Green updated the Commission on the status of the SR-91 HOV project, discussing the following areas: • Striping on eastbound SR-91 around the Adams,Street interchange; • Task force to address traffic flow and community impacts; • Bridge replacements -14th Street, Cridge Street, Pachappa Railroad, and Ivy Street; • Construction signs and changeable message signs; • Public outreach -print media, Twitter, project website; and • Public meetings sponsored by the Greater Riverside Chamber of Commerce . In response to Commissioner Spiegel's question regarding alert notifications, Dennis Green replied information will be disseminated through Caltrans via the webpage, emails, Facebook, and Twitter. People can sign up for alert notifications through these media formats. Anne Mayer replied staff will ensure all interested Commissioners are signed up. She also recommended the use of IE511 for continued updates on the construction for the SR-91 . Commissioner Buster asked as part of the outreach and mitigation, if there will be the ability to notify commuters in advance if an area of the project worsens to a significant degree to allow commuters to take an alternate route or reschedule an elective trip. Dennis Green replied the information will be balanced as not to discourage people from doing business while construction is underway. He explained the closures will be monitored, information will be disseminated, and there will be coordination with Caltrans as not to impact alternative routes. Anne Mayer restated the IE511 has a real time traffic analysis and recommended utilizing it for updates on the SR-91 HOV and East Junction projects . Riverside County Transportation Commission Minutes April11, 2012 Page 8 11. ITEM(S) PULLED FROM CONSENT CALENDAR 12. COMMISSIONERS/EXECUTIVE DIRECTOR'S REPORT 12A. Anne Mayer reported: • A brochure about the Metrolink Angels Express train service was distributed to the Commissioners; • A meeting was held with R.A. Barney Barnett, at the request of Supervisor Tavaglione, due to Mr. Barnett's comments regarding the · Highgrove station. At the meeting, staff discussed the reasons why the Highgrov.e station was not part of the Perris Valley Line project. Mr. Barney expressed his understanding and stated his community's focus will be future service in the Highgrove area. Staff indicated the~e is no action the Commission is taking in the near term that would preclude the opportunity for a transit station in . the Highgrove area, explaining that it is very unlikely either the Commission or the San Bernardino Associated Governments would have a future program to stop Metrolink trains at a location in Highgrove . Additionally, staff noted there will be an opportunity to discuss bus transit service as the Highgrove area develops. Commissioner Tavaglione expressed appreciation to staff for meeting with Mr. Barnett and hopes Mr. Barnett's concerns are satisfied. In response to Commissioner Terry Henderson's request for clarification regarding Mr. Barnett's understanding, Anne Mayer replied Mr. Barnett had a letter and asked staff to provide it to the Commissioners regarding a request to have the Commission send a letter to SCAG to put this site into the RTP as a future transit center. Staff indicated Mr. Barnett's letter would be distributed to the Commissioners but the Commission would not recommend his request as only projects that are funded and/or are in the strategic plan are included in the RTP. Mr. Barnett chose to keep his letter. She stated staff encouraged him to work with his community to discuss transit in that area, starting with ridership and needs. Commission Henderson expressed there certainly has not been a person more dedicated to a cause and commended Mr. Barnett. • • • • • • Riverside County Transportation Commission Minutes April 11, 2012 Page 9 128. Commissioner Tavaglione announced Anne Mayer received the Chairman's award at the Greater Riverside Chambers of Commerce installation dinner. 12C. Commissioner Buster requested an update on high-speed rail. Anne Mayer replied staff will return to the Commission with an update on high-speed rail at a future meeting. 13. CLOSED SESSION 13A. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION Pursuant to Government Code Section 54956.9(a} Case Number: Case No. RIC 532489 138. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 Agency Negotiator: Executive Director or Designee Property Owners: See the List Below Item APN(s) Property Owner(s) · 1 21 0-1 90-01 3 L R Miller Properties LLC 210-190-023 There were no announcements for closed session items. 14. ADJOURNMENT There being no further business for consideration by the Riverside County Transportation Commission, the meeting was adjourned at 10:53 a.m. The next Commission meeting is scheduled to be held at 9:30 a.m., Wednesday, May 9, 2012, in the Board Room, at the County of Riverside Administrative Center, 4080 Lemon Street, Riverside, California. Respectfully submitted, u~~ Jennifer Harmon Clerk of the Board ,. • • AGENDA ITEM 6 PUBLIC HEARING • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: May 9, 2012 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee Michele Cisneros, Accounting and Human Resources Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Proposed Budget for Fiscal Year 2012/13 BUDGET AND IMPLMENTATJON COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1) Discuss, review, and provide guidance on the proposed FY 2012/1 3 Budget; and 2) Open the public hearing in order to receive input and comments on the proposed FY 2012/13 Budget on May 9 and on June 7, 2012, and thereafter close the public hearing . BACKGROUND IN FORMAT/ON: Staff has completed the initial budget preparation process, and attached is an executive summary for the proposed FY 2012/13 Budget. The policy goals and objectives approved by the Commission on March 14 were the basis of this budget. The policy goals and objectives considered during the preparation of the budget relate to mobility initiatives, goods movement, improved system efficiencies, environmental stewardship, economic development, intermodalism and accessibility, and public and agency communications as well as financial and administration policies. Staff will present highlights of significant items included in the budget and is seeking review of and input on the proposed FY 2012/13 Budget. Based on input received from Commissioners, staff will update the document, as necessary, and present the proposed budget for the opening of the public hearing and for the Commission's review on May 9. As a result of input received from the public and the Commission, staff will make any necessary changes to the budget document for final review, close of the public hearing, and adoption at the June 7 Commission meeting. The executive summary document contains a summary of all departmental budgets and summarizes the information for the entire Commission. The department budgets present the goals and objectives, the resources needed to accomplish the 1 Agenda Item 6 goals, and the appropriations required to accomplish the tasks. Staff also included • the budgets by governmental fund type, as this table provides a summary of the budgeted revenues and expenditures from a fund perspective. Preliminary funding estimates for transit operating and capital expenditures have been included in the budget, although the draft Short Range Transit Plans are still under review. An adjustment for a revised estimate of these transit expenditures may be included in the final budget document presented in June 2012. At the June 7 Commission meeting, staff will present the entire budget with detailed narratives. A summary of the proposed FY 2012/13 Budget is as follows: Revenues and other financing sources: Sales taxes-Measure A and Local Transportation Funds Reimbursements (federal, state, and other) Transportation Uniform Mitigation Funds, including reimbursements State Transit Assistance Other revenues Interest on investments Debt proceeds Transfers in Total revenues and other financing sources Expenditures and other financing uses: Personnel salary and fringe benefits Professional services Support services Projects and operations Capital outlay Debt service (principal, interest and costs of issuance) Transfers out Total expenditures and other financing uses Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses Beginning fund balance (projected) Ending fund balance (projected) FY 2012/13 Budget $ 185,000,000 97,476,600 5,257,300 14,212,500 882,800 7,321,700 1 ,240,172,000 326,313,700 1,876,636,600 6,777,300 13,891,200 5,326,600 456,013,100 432,700 143,413,000 326,313,700 952,167,600 924,469,000 546,924,700 $ 1,4 71 ,393, 700 Attachment: FY 2012/13 Proposed Budget Executive Summary 2 Agenda Item 6 • • • • • Executive Summary Introduction The budget for Fiscal Year (FY) 2012/13 is presented to the Board of Commissioners (Board) and the citizens of Riverside County. The budget outlines the projects the Commission plans to undertake during the year and appropriate~ expenditures to accomplish these tasks. The budget also shows the funding sources and fund balances that will be used for these projects. This document will serve as the Commission's monetary guideline. To provide the reader a better understanding of the projects, staff has included descriptive information regarding each department and major projects. The discussion in each department includes a review of accomplishments, major initiatives, and key assumptions. Staff used the goals and objectives approved at the Commission meeting on March 14, 2012, to prepare this budget. In addition to the Commission's long-term goals and strategic plan, the short-term factors listed below were used to guide the development of the budget: Operational • Complete projects and programs included in the 1989 Measure A. • Aggressively pursue completion of the environmental, design, and construction processes on the State Route (SR) 91, Interstate {I) 15, and 1-215 projects included in the Western Riverside County Delivery Plan. • Continue development of the SR-91 corridor improvement project toll program including executing toll program agreements with key partners, preparing requests for proposals for a design-build contract, and completing funding opportunities via the Transportation Infrastructure Finance and Innovation Act (TIFIA) loan program. • • • • • • • • • • • Work closely with local jurisdictions to implement the Transportation Uniform Mitigation Fee (TUMF) Regional Arterial Program and facilitate the delivery of arterial improvements in western Riverside County (Western County). Continue the preliminary engineering and environmental clearance for the Mid County Parkway and SR- 79 realignment projects. Work with local and regional agencies in developing resources for preservation and maintenance of the highways and regional arterials. Continue cooperation with the Federal Transit Administration (FTA) regarding the Small Starts process to support C;JCtivities for the Perris Valley Line Metrolink extension (Perris Valley Line) project. Improve utilization and increase efficiency of commuter rail lines serving the County . Support innovative programs that provide transit assistance in hard to serve rural areas or for riders with special transit needs. Support cost controls and promote operating efficiency for transit operators . Maintain effective partnerships among commuters, employers, and government to increase the efficiency of our transportation system by encouraging and promoting transportation alternatives. Continue to provide a motorist aid system that ensures safety and convenience to freeway motorists . Maintain an active involvement in state and federal legislative matters to ensure that the Commission receives proper consideration for transportation projects and funding. Maintain close communication with Commissioners and educate policy makers on all issues of importance to the Commission. Financial • Fund administrative costs with allocations from Measure A, LTF, FSP, SAFE, and TUMF funds. • Maintain administrative program delivery costs below the policy threshold of 4% of Measure A revenues; the FY 2012/13 Management Services budget is 2.63% of Measure A revenues. • Maintain administrative salaries and benefits at less than 1% of Measure A revenues; the FY 2012/13 administrative salaries and benefits is .96% of Measure A revenues. • Continue to maintain prudent cash reserves to provide some level of insulation for unplanned expenditures. • Mafntain current positive bond ratings with rating agencies. 3 • Move forward on Measure A projects for highways and regional arterials using sales tax revenues, TUMF revenues, and state and federal funding as well as financing alternatives such as commercial paper, sales tax revenue bonds, and toll revenue bonds. • Leverage and protect past Measure A investments in rail with state and federal funding for additional rail improvements, including the Perris Valley Line. • Maintain the financial software system to integrate project accounting needs and improve accounting efficiency. Budget Overview Total sources (Table 1) are budgeted at $1,876,636,600, which is an increase of 286% over FY 2011/12 projected sources and a 308% increase over the FY 2011/12 budget. Total sources are comprised of revenues of $310,150,900, transfers in of $326,313,700, and debt proceeds of $1,240,172,000. The projected fund balance at June 30, 2012 available for expenditures (excluding reserves for debt service of $5,665,300 and advances receivable of $31,350,700) is $509,908,700. Accordingly, total funding available for the FY 2012/13 budget totals $2,386,545,300. Table 1-Sources FY 2011-2013 FY10}:1F >::;: FY11/12 · · . .. . :ii'Y~lll12. ·... i;i;fWJ2/13. .. Do.llar Percent. .. -.. ~Ct~~f RevisedBudget · Pii!fei~a · ·. ·<"-tludget · Change Change .. Measure A Sales Tax $ 123,439,800 $ 124,000,000 $ 124,000,000 $ 124,000,000 $ 0% LTF Sales Tax 60,772,800 61,000,000 61,000,000 61,000,0QO . 0% STA Sales Tax 9,537,000 14,073,600 14,212,500 4,675,500 49% Intergovernmental 40,569,000 48,667,600 50,481,900 97,476,600 48,809,000 100"/o TUMF Revenue 9,157,900 6,784,300 6,397,400 5,257,300 (1,527,000) -23% Other Revenue 2,321,800 592,400 450,800 882~860 290,400 49% Investment Income 4,524,200 1,824,000 3,391,100 • 7,32!l00 5,497,700 301% Operating Transfers In 185,354,800 169,739,100 166,283,400 j26,313:7oo 156,574,600 92% Debt Proceeds 170,000,000 38,000,000 60,000,000 1,240,172,000 1,202,172,000 3164% TOTAL Sources $ 596,140,300 $ 460,144,400 $ 486,078,200 $ 1,876,636,600 $ 1,416,492,200 308% Through FY 2005/06, the County had experienced significant growth corresponding to the national economic expansion and amplified locally by competitive advantages of Riverside County over nearby coastal counties (Los Angeles, Orange and San Diego): (i) housing that was (and remains) more available and affordable; and (ii) plentiful commercial real estate and available development land at lower rates. Moreover, both transportation and communication access to employment centers in Los Angeles and Orange counties improv~d. Riverside County's economy thrived, reflecting the area's competitive advantages over its neighboring counties, largely as a result of the County's continuing ability to draw jobs, residents, and affordable housing away from the Los Angeles, Orange, and San Diego county areas. As a result, the County enjoyed a more diversified employment and commercial base and an increasing share of the regional economy. Today the economy in Riverside County reflects the recent nationwide recession, as evidenced by high unemployment; lower total personal income and taxable sales, residential building permits, and the rate of home sales and the median price of single-family residences; and high rates of distressed properties. The impact of the recession has been amplified in the Inland Empire (i.e., Riverside and San Bernardino counties) due to its relatively greater growth through 2006 and the relatively lower average income levels when compared to coastal areas. These factors have resulted in fluctuating Measure A and LTF sales tax revenues and decreased TUMF fees as noted in Chart 1; however, the sales tax revenues appear to have stabilized since FY 2009/10_ 4 • • • • • • Chart 1-Commission Sources Trend $1,400,000,000 $1,200,000,000 $1,000,000,000 $800,000,000 $600,000,000 $400,000,000 $200,000,000 $0 FY 08/09 ..... ... . ....................................................................................................... , FY 09/10 FY 10/11 FY 11/12 FY 12/13 -+-Measure A Sales Tax ....,._ L TF Sales Tax _....STASales Tax -*"'"TUMF ~Federal,State, Local Revenues .,.._OperatingTransfers In ~Debt Proceeds While economic reports indicate that the national recession ended in 2009 and economic growth has resumed, recovery in the local Inland Empire economy continues to be affected by the area's housing woes due to the exposure to the subprime mortgage market collapse several years ago. The economic outlook for the Commission in FY 2012/13 is encouraging with the stabilization of sales tax revenues; however, the state and federal budget issues continue to affect funding of the Commission's capital projects and programs. Should Measure A and LTF sales tax revenues decline again and the availability of federal and state revenues continues to be uncertain, the timing and scope of the Commission's projects and programs may be impacted. While the Commission's primary revenues are the Measure A and LTF sales taxes, other revenues and financing sources are required to fund the Commission's programs and projects as illustrated in Chart 2. Chart 2-Sources: Major Categories Measure A Sales LTFSalesTax 5 ' The State Board of Equalization (SBOE) recently provided to cities and other agencies its projections that statewide taxable sales over the next fiscal year will increase 4%. However, given the tenuous local economy, the Commission is not basing its estimate of revenues on the SBOE's projection and will continue its conservative projection practices. After taking the state of the local economy and recent revenue trends into consideration, staff has projected that Measure A sales tax revenues will be unchanged from the FY 2011/12 revised projection of $124,000,000. At midyear the Commission will reassess sales tax revenue projections based on the economy and revenue trends. On behalf of the County, the Commission administers the LTF for public transportation needs, local streets and roads, and bicycle and pedestrian facilities. The majority of L TF funding received by the County and available for allocation is distributed to all public transit operators in the County, and the Commission receives allocations for administration, planning, and programming in addition to funding for rail operations included in the commuter rail Short Range Transit Plan (SRTP). The LTF sales tax revenue received from the State is budgeted at $61,000,000, unchanged from the FY 2011/12 revised projection due to the economic concerns discussed earlier. STA funds generated from the statewide sales tax on motor vehicle fuel are allocated by formula by the State Controller to the Commission for allocations to the County's public transit operators; however, these funds have been subject to suspension in past years due to the State's budget issues. The STA transit allocation, which is based on recent State estimates, for FY 2012/13 is $14,212,500. Intergovernmental revenues include reimbursement revenues from federal sources of $57,619,900, state sources of $37,168,000, and local agencies of $2,688,700 for highway and rail capital, rail operations and station maintenance, commuter assistance, and motorist assistance programs as well as planning and programming activities. Reimbursement revenues vary from year to year depending on project activities and funding levels. As a result of an amended Memorandum of Understanding (MOU) with the Western Riverside Council of Governments (WRCOG), the Commission will receive 48.7% of TUMF revenues (as updated by the most recent Nexus study). TUMF represents fees assessed on new residential and commercial development in Western County . FY 2012/13 TUMF fees are expected to remain flat at $4,000,000 based on the weakened housing market in the Inland Empire, and additional TUMF zone reimbursements of $1,257,300 are expected for the 74/215 interchange project. Other revenue of $882,800 is projected to increase 49% from the prior year's budget of $592,400 primarily because of property management revenues generated from properties acquired in connection with the SR-91 corridor improvements project. Investment income is anticipated to remain flat in FY 2012/13 as a result of low investment yields. Staff continues to actively manage its resources and make appropriate investments to maximize the return to the Commission without sacrificing security and affecting short-term cash requirements. Transfers in of $326,313,700 relate primarily to the transfer of available debt proceeds for highway and regional arterial projects; LTF funding for general administration, planning and programming, rail operations and station maintenance, and grade separation project allocations; approved interfund allocations for specific projects; and debt service requirements from highway, regional arterial, and local streets and roads projects. Debt proceeds consist of the issuance of $100,000,000 in commercial paper notes and $1,140,172,000 in sales tax and toll revenue bonds as well as TIFIA loan proceeds related to the SR-91 corridor improvement project. Total uses (Table 2), including transfers out of $326,313,700, are budgeted at $952,167,600, an increase of 55% from the prior year budget amount of $615,387,900. Program expenditures and transfers out totaling $796,369,800 represent 84% of total budgeted uses in FY 2012/13. Program costs have increased by 37% from $581,943,400 in FY 2011/12. .6 • • • • • Table 2-Uses FY 2011-2013 Capital Highway, Rail, and Regional Arterials Capital local Streets and Roads Commuter Assistance Debt Service Management Services Motorist Assistance Planning and Programming Public and Specialized Transit Rail Maintenance and Operations TOTAL Uses FYl0/11 Actual $ 300,680,000 36,857;000 2,831,900 123,364,100 8,394,000 4,761,900 4,564,600 64,024,400 12,865,700 FY 11/12 Revised Budget $ 395,337,600 36,025,000 9,386,400 20,195,000 13,249,500 6,377,600 7,459,500 105,858,700 21,498,600 FY 11/12 Projected $ 297,581,700 $ 36,934,600 4,391,400 62,964,000 17,544,100 6,400,900 4,065,300 77,623,200 21,012,900 FY 12/13 Budget 627,840,800 36,893,000 4,190,300 143,413,000 12,384,800 6,169,500 4,527,900 102,162,500 14,585,800 Dollar Change $ 232,503,200 868,000 (5,196,100) 123,218,000 (864,700) (208,100) (2,931,600) (3,696,200) (6,912,800) $ 558,343,600 $ 615,387,900 $ 528,518,100 $ 952,167,600 $ 336,779,700 Note: Management Services includes Executive Management, Administration, Legislative Affairs and Communications, and Finance. Percent Change 59% 2% -55% 610% -7% -3% -39% -3% -32% 55% Capital highway, rail, and regional arterials budgeted uses of $627,840,800 are 59% higher compared to FY 2011/12 due to commencement of construction of the Perris Valley Line and significant right of way activities related to the SR-91 corridor improvement project in addition to transfers out of debt proceeds from capital projects funds to finance 2009 Measure A Western County highway project costs. Debt Service of $143,413,000 has increased 610% as a result of the retirement of $120 million .of outstanding commercial paper notes from sales tax revenue bond proceeds issued in connection with the SR-91 corridor improvement project financing. Commuter Assistance budgeted expenditures of $4,190,300 are 55% lower than FY 2011/12 due to a $5,000,000 transfer in FY 2011/12 to the Perris Valley Line projects to offset the multi modal benefits of the projects. Planning and Programming budgeted expenditures of $4,527,900 reflect a 39% decrease from the FY 2011/12 budget of $7,459,500 as a resuh of a decrease in jump-start funding disbursements for grade separation projects. The $6,912,800 decrease in Rail Department budgeted expenditures of $14,585,800 is primarily due to capital funding for new Southern California Regional Rail Authority (SCRRA or Metrolink) rail cars in FY 2011/12. Total uses included in the FY 2012/13 budget by major categories are illustrated in Chart 3. Chart 3-Uses: Major Categories Planning and Programming 0% Motorist Assistance 1% Management Services 1% Public and Specialized Rail Maintenance and [ Operations 2% Debt Service---- 15% Commuter Assistance 0% Capital Local Streets and Roads 4% 7 Commission Personnel The Commission's salary and fringe benefits total $6,777,300 for FY 2012/13. This represents a slight increase of 3% or $200,400 over the FY 2011/12 budget of $6,576,900 (Chart 4). The increase relates to a set-aside pool of 3% for cost of living adjustments and 3% for merit-based salary increases. The Commission had not provided a merit- based salary increase since FY2007 /08. Chart 4-Salary and Benefits Costs: Five Year Comparison $8,000,000 $7,000,000 $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 $- FY 08/09 FY 09/10 FY 10/11 FY 11/12 FY 12/13 The Full Time Equivalent (FTE) of 41.0 FTE positions is comparable to the FY 2011/12 level (Table 3). Management continues to be firmly committed to the intent of the Commission's enabling legislation that called for a small staff. Staff will continue to be provided the tools needed, including state of the art technology, to ensure an efficient and productive work environment. However, it must be recognized that small is not viewed in an absolute context; it is relative to the required tasks to be performed and the demands to be met. Table 3-Staff Summary by Depa~tment FY 2011-2013 Executive Management Administration Legislative Affairs and Communications Finance Planning and Programming Rail Maintenance and Operations Public and Specialized Transit Commuter Assistance Motorist Assistance Capital Project Development and Delivery TOTAL 8 FYl0/,11 0.3 4.3 2.0 6.2 5.2 3.8 2.6 1.5 0.9 12.2 39.0 0.2 4.5 2.3 6.9 4.8 3.4 2.6 1.8 0.9 13.6 . 41.0 0.4 4.6 LO 6.7 4.8 3.3 2.4 1.6 1.2 14.0 41.0 • •• • • • • The Commission provides a comprehensive package of benefits to all permanent, salaried employees. The package includes: health, dental, vision, and life insurance, short and long-term disability, workers' compensation, tuition assistance, sick and vacation leave, retirement benefits in the form of participation in California Public Employees Retirement System (CaiPERS), postretirement health care, deferred compensation, and employee assistance program. The compensation components are shown in Chart 5. Chart 5 -Personnel Salary and Benefits Department Initiatives Other Fringes 1% The preparation of each department's budget was based on key assumptions, accomplishments in FY 2011/12, major initiatives for FY 2012/13, and department goals and related objectives. Following are the key initiatives and summary of expenditures for each department (Tables 4 through 13). Executive Management • Continue project development and delivery as the key Measure A priority. • Ensure the SR-91 corridor improvement project environmental review will be completed along with advance right of way, solicitation of a design build teaf]l, and a federal loan from the TIFIA program. • Obtain approvals from the FTA, railroads, and community related to the development of the Perris Valley line. • Advocate for state investments in transportation and approval of a federal transportation bill to fund needed transportation priorities in Riverside County and stimulate the local economy. • Maintain regional cooperation a"nd collaboration as a significant effort consistent with the philosophy and mission of the Commission. • Enhance external communications with media, business and civic groups, and the community. • Maintain an effective mid-sized transportation agency with a small and dedicated staff. Table 4-Executive Management FY 10/ll:~J. wwn FY 11/12 .. . F:Yli/13 DoUar .· P~n:.~t .. · ... Actual!· ·· Revi~dBudget ; · Projected· Budget Change Chang~< Personnel $ 128,000 $ 83,600 $ 61,600 120,700 $ 37,100 44% Professional 459,300 102,000 70,000 105,000 3,000 3% Support 38,900 58,700 54,100 57,600 (1,100) -2% TOTAL $ 626,200 $ 244,300 $ 185,700 $ 283,300 $ 39,000 16% 9 Administration • Provide high quality support services to the Commission and to internal and external customers. • Continue to strengthen the electronic records management system. • Continue to provide timely communications to Commissioners with continued emphasis on the utilization of electronic mail. • Continue to update technology to streamline processes and provide easier access to Commission records. •-Support and develop a motivated workforce with a framework of activities and practices that comply with employment laws and regulations. Table 5-Administration Personnel Professional Support Capital Outlay Debt Service TOTAL $ $ FY 10/11 Actual 400,700 97,000 558,400 29,000 25,300 1,110,400 Legislative Affairs and Communications F'£ 11/12 Revised Budget $ 412,400 132,000 670,800 20,000 $ 1,235,200 fYll/12 FY 12/13 Dollar Percent Projected Budget Change Change .• 372,400. $ 460,600 48,200 12% 100,900 114,500 (17,500) ·13% 586,200 640,600 (30,200) ·5% 5,000 125,000 105,000 525% N/A 1,064,500 $ 1,340,700 105,500 9% • Continue efforts to protect and seek greater state and federal investment in transportation infrastructure and goods movement. • Develop effective partnerships with transportation providers to communicate a unified message to Congress regarding mobility needs. • Advocate positions in the State Legislature and in Congress that advance the County's transportation interests, especially those related to the implementation of the SR-91 corridor improvement project. • Develop a leadership role in formulating a countywide direction on federal transportation policies. • Continue to develop a broad public information program regarding the Commission's responsibilities and accomplishments through a variety ofmedia formats and presentation opportunities. • Continue to place an emphasis on providing proactive public communications support related to major project development efforts. • Provide new Commissioner orientation meetings and other continuing education opportunities for Commissioners. Table 6-legislative Affairs and Communications Personnel Professional Support TOTAL Finance FYI0/11 · Actual $ 321,300 $ 385,200 145,100 851,600 $ $ FY 11/12 FYll/12 Revised Budget Projected· 437,100 $ 367,500 688,500 420,500 171,400 170,100 1,297,000 $ 958,100 FY lZ/13 Dollar >;,percent ._ {j}ange ·~:'. ···,~" ' ' Budget • Ctlarige:: $ 395,400 $ (41,700) ·10% 587,500 (101,000) -15% 187,100 15,700 9% $ 1,110,000 $ (127,000) -10% • Continue appropriate uses of long-and short-term financing to advance 2009 Measure A projects of the Commission and the Coachella Valley Association of Governments (CVAG). • Apply the sales tax revenue forecast update to develop a financing plan to support the Western Riverside County Delivery Plan and CVAG highway and regional arterial projects. • Continue to support the financing efforts for the SR-91 corridor improvement project. 10 • • • • • • • Annually update the internal audit projects related to the organizational accountability program. • Continue to keep abreast of Governmental Accounting Standards Board (GASB) technical activities affecting the Commission's accounting and financial reporting activities and consider early implementation of new pronouncements. • Continue to strengthen the enterprise resource planning (ERP) system to benefit all staff in the management of accounting and project information and automation of a paperless workflow system. • Continue to implement a centralized procurements process in order to strengthen controls and ensure consistency in the application of procurement policies and procedures and adherence to applicable laws and regulations. Table 7-Finance FY 10/11 Ffll/12 · FVl1/l2 Actuat Revised Budget Project~d , • ,;,}~ ~ >-;+> :(v ... ~'ff12/13 "-~·>··, < Budget )->';, hgnati:\"'' · ·•·•. P~rcent Change .·.. ; ; ·cn~ng~ i Personnel $ 778,200 $ . 818,500 $ 659,300 r 829,300 $ 10,800 1% .. Professional 4,483,500 3,956,000 (795,500) ·20% ... 4,096,800 ':'b .. .. 3)60,500 Support 544,700 569,000 575,700 . ;::;t[· .. 601,000 32,000 6% Capital Outlay 24,700 129,500 (129,500) ·100% 4,000 :,--tt:~J;;;; .. ?~;;~{r Transfers Out 5,000,000 10,000,000 . '·,~, 5,000)l00 0% .. TOTAL $ 5,831,100 $ 10,473,000 $ 15,335,800 >.~·.··.: 9,5~Q,8,00 $ (882,200) -8% Planning and Programming • • • • • • • • • • • Monitor funding authority and responsibility related to the State Transportation Improvement Program (STIP) and impacts on the STIP caused by the state budget issues . Ensure STIP and Proposition lB funded_projects are administered and implemented consistent with California Transportation Commission (CTC) and California Department ofTransportation (Caltrans) policies. Continue to strategically program projects and obligate funds in an expeditious manner for the maximum use of all available funding, including monitoring the use of such funding to prevent funds from lapsing. Focus on interregional concerns and maintain effective working relationships involving various bi-county transportation issues, including goods movement. Coordi'nate planning efforts with regional and local agencies relating to the development of regional transportation plans (RTP) and green house gas reduction implementation guidelines. Secure funding through the federal transportation bill for goods movement-related needs . Monitor and track the TUMF regional arterial projects . Work cooperatively with member agencies to continue the work efforts on the new Community Environmental Transportation Acceptability Process (CETAP) corridors. Continue the Congestion Management Program (CMP) update and traffic monitoring along urban and rural highway systems. Administer the SB821 Bicycle and Pedestrian Facilities Program . Monitor the Port of Los Angeles and Port of Long Beach's (Ports) projects for impacts on Riverside County . 11 Table 8-Planning and Programming FY 10/11 FY 11/12 FY 11/12 FY 12/13 Dollar Percent Actual Revised Budget Projected Budget · Change Change Personnel 817,600 $ 833,000 $ 788,600 $ 846,000 $ 13,000 2% Professional 102,500 351,000 207,700 362,800 11,800 3% Support 9,800 18,800 18,400 19,400 600 3% Projects and Operations 3,634,700 6,247,500 3,050,600 3,299,700 (2,947,800) -47% T ranslers Out 9,200 (9,200) -100% TOTAL 4,564,600 $ 7,459,500 $ 4,065,300 $ 4,527,900 $ (2,931,600) -39% Rail Maintenance and Operations • Continue active participation in governance and operations of the Metrolink commuter rail system. • Continue the planning and implementation of capital improvements at the commuter rail stations in Riverside County, including the Perris VaHey Line, security and rehabilitation projects, and parking requirements. • Continue to support activities related to the Perris VaHey Line project and evaluate its operational impact. • Establish best approach to build, maintain, and operate cost effective and environmentally sustainable facilities that meet the public's transportation needs. • Continue coordination with CVAG, Amtrak and the State to focus attention on the creation of intercity passenger rail service between CoacheHa VaHey, Riverside, and the los Angeles basin. Table 9-Rail Maintenance and Operations .• ;;. l,.FY fofi:t.'.~;:.:.~\ . ·· · ·r, h/12 F'erE¥nt ~ ,,;q~;> < "''' '. ·, •• ~Actual ( < •. Reviseg a~~gef . Change Personnel $ 491,500 $ 494,300 $ Professional 128,100 317,000 178,100 . >: .• , 421~000; 00/o 104,000 33% Support 170,500 10% Projects and Operations Capital Outlay 1,209,200 11,021,600 15,300 1,640,700 18,985,900 60,700 1,64o,ooo ::~:K;:;·· . 118;l!,:ZQO, 18,740,800 ];;,;)'J$.~\' ti)94\8t)O, (7,191,100) -38% 24,7oo .y: ·; ts;7pi( 5,000 8% TOTAL $ 12,865,700 $ 21,498,600 $ 21,o12,90o ~§l.····. J(s8s,roo· s . (6,912,800) -32% Public and Specialized Transit • Support innovative programs that provide transit assistance In hard to serve rural areas or for riders having very special transit needs and monitor funding of these programs. • Implement the specialized transit funding aHocations related to the second universal call for projects and monitor performance. • Continue long-range planning activities to ensure that anticipated revenues are in line with projected levels of service by transit operators. • Monitor public and specialized transit operators' performance through the TransTrack program. • Provide availability for local matching funds to Western County applicants seeking FTA Section S310 federal capital grants. · • Coordinate with operators on major capital purchases and investments into new rolling stock and other system improvements in order to maintain a viable on-hand reserve. 12 •• • • • • • Table 10-Public and Specialized Transit FY 10/11 FY 11/12 FY 11/12 FY 12/13 Dollar Percent Actual Revised Budget Projected Budget Change Change Personnel 320,900 $ 361,900 338AOO $ 326500 (35AOO) ·10% Professional 129,600 187)00 159,000 291500 104)00 56% Support llAOO n8oo 10AOO 18,900 (4,900) ·21% Projects and Operations 46)88,000 86,469,~00 61)31,900 82,698,300 (3)71,500) ·4% Transfers Out 17)74500 18,815,900 15,983500 18,827,300 llAOO 0% TOTAL 64,024AOO $ 105,858)00 $ 77,623)00 $ 102,162,500 (3,696)00) ·3% Commuter Assistance • Improve the suite of services and outreach to rideshare participants and employer partners, including personalized information and electronic access and distribution. • Maintain and grow employer partnerships through value-added services and tools for ridesharing programs. • Maintain and operate a four-county ridematching database system with partner agencies. • Maintain long-term partnership with San Bernardino Associated Governments (SANBAG) to manage and implement a "sister" Commuter Assistance program for residents and employers in San Bernardino County. • Optimize park and ride facilities to support car/vanpool arrangements and facilitate transit connections. Table 11-Commuter Assistance FY~il)11 . FYll/12 . FY 11/12 .. f'i12/13 oOJJaf •· F<,,,; ,' · 't•Chang~ Act~ali Revised Budget Projected Budget Personnel 197,600 s 228,900 264,800 $ 219,100 (9,800) -4% Professional 230)00 805,100 663,600 640,300 (164,800) -20% Support 309,100 503,400 505,000 ·• .529;?00 25,800 5% Projects and Operations 2,079,000 2,559,000 2,668,000 2,633AOO 74AOO 3% Capital Outlay 15,500 130,000 130,000 11;ooo (113,000) ·87% Transfers Out 5,160,000 160,000 isi,3oo (5,008)00) ·97% TOTAL s 2,831,900 s 9,386AOO s 4,391,400 $ 4,190)00 (5,196,100) ·55% Motorist Assistance • Assess opportunities for efficiency related to the call box program operations. • Maintain a high benefit-to-cost ratio related to the performance of the FSP program. • Operate and maintain the IESll system in accordance with national 511 implementati_on standards in partnership with SANBAG. • Enhance the IESll with more personalized traffic information services. Table 12-Motorist Assistance Personnel Professional Support Projects and Operations Transfers Out TOTAL $ s . FY 10/11 Actual 103,800 s 649,500 435,600 2,341,800 1,231)00 4)61,900 s FY 11/12 FYll/12 Revised Budget Projetted 112)00 $ 196,900 1,008)00 916,000 599,300 587,900 3,543,100 3,585,800 1)14,300 1,114,300 6,377,600 6A00,900 13 fY12/13 . Dollar Percent Budget>; Change· ·. ·Cb~pg~ ·• $ 176,100 63,900 57% 717,500 (291)00) -29% 874,600 275,300 46% 3,080Jl00 (463JOO) -13% 1,321,300 207,000 19% $ 6;169,500 s (208,100) ·3% Capital Project Development and Delivery • Continue project development, right of way, and construction activities on remammg 1989 Measure A projects including SR-74 curve widening, 74/215 interchange, SR-91 high occupancy vehicle (HOV) lanes/Adams Street to 60/91/215 interchange, and 60/215 East Junction HOV lane connectors. • Continue project activities on the 1-215 bi-county highway and Perris Valley line rail projects, which were included in both the 1989 Measure A and 2009 Measure A programs. • Continue project work on the Western Riverside County Delivery Plan projects, including the 91/71 connectors; the SR-91, 1-15, and 1-215 corridor mobility improvement projects; SR-79 realignment; and Mid County Parkway. • Provide Western County TUMF funding and support to local jurisdictions for regional arterial project engineering, right of way acquisition, and construction. • Provide advance funding and support of 2009 Measure A highway and regional arterial projects and for the acquisition for land as mitigation in the Coachella Valley. • Develop strategies to implement alternative financing structures including public toll roads. • Maintain a right of way acquisition and management program in support of capital projects. • Manage right of way acquisition schedules and budget control measures. • Maintain and manage the access, use, safety, and security of Commission-owned properties including commuter rail stations, properties in acquisition process, and income-generating properties. ,. ·,.,", · Re~ls~d Budget • Attul!l 2,308,900 $ 2,795,000 5,450,000 9,601,500 6,202,200 : 7,490,600 Personnel Professional Support 309,200 813,000 459,200 587,000 ·28% Projects and Operations Capital Outlay 162,557,000 62,800 278,337,400 185,625,800 176,000 177,000 352,506,900 74,169,500 27% 49,000 28% Debt Service 123,338,800 20,195,000 62,964,000 ···.: ······} :1~3,~ft:~ 123,218,000 610% i-' Transfers Out 166,849,100 139,639,700 139,025,600 . 301;013,800 161,374,100 116% TOTAl 460,875,800 $ 451,557,600 $ 397,480,300 .:s . 808,146,800 $ 356,589,200 Fund Balances The total fund balance as of June 30, 2012 is projected at $546,924,700. The Commission's budgeted activities for FY 2012/13 are expected to result in a $924,469,000 increase of total fund balance at June 30, 2013 to $1,471,393,700. The primary cause of the increase is related to the completion of financing activities for the SR-91 corridor improvement project near the end of FY 2012/13. Table 14 presents the components of fund balance by governmental fund type and program at June 30, 2013. 14 79% • • • • • • Table 14-Projected Fund Balances by Governmental Fund Type and Program at June 30, 2013 Riverside County T ranspartation Commission Gener.al Fund $13:00&,300 Management Services Planning and Programming Rail Maintenance and Operations Budget Summary $1,471,393;700 Spedal Revenue Funds ' $407;152)00 $6,431,700 Measure A Western County: 1,632,200 Bond financing 4,944,400 Commuter Assistance Economic Development Highways loGil Streets and Roads New Corridors Public and Specialized Transit Rail Regiooal Arteria~ Measure A Coachella V~ley: Highways and Regional Arterial loGJI Streets and Roads Specia6zed Transit Measure A Palo Verde Valley local Streets and Roads Motorist Assistance State Transit Assistance loGil Transportatioo fund TUMf: CETAP Regiooal Arterials $2,002,000 12,778,100 3,463,400 118,768,800 uoo 39,932,900 8,394,200 64,611,900 32,297,900 1,500 1,600 842,500 500 4,629,300 42,627,600 61,603,200 15,081,800 713,700 Highways · Cap~alPwjects Funds $1,045,926,700 $1,045,926,700 Debt Service Fund $4,706,500 The overall budget for FY 2012/13 is presented in Table 15 by summarized line items, Table 16 by operating and capital classifications, and Table 17 by governmental fund type. Highway, rail, and regional arterial program expenditures by project are summarized in Table 18 . 15 • Table 15-Budget Comparative by Summarized line Item FY 2011-2013 FY 10/11 FY 11/12 FY 11/12 FY 12/13 Dollar Percent ACtual Revised Budget Projected Budget Change Change Revenues Measure A Sales Tax $ 123,439,800 . $ 124,000,000 $ 124,000,000 $ 124,000,000 $ 0% L TF Sales Tax 60,772,800 61,000,000 61,000,000 61,000,000 0% STA Sales Tax 9,537,000 14,073,600 14,212,500 4,675,500 49% Federal Reimbursements 17,735,600 23,650,700 24,349,500 57,619,900 33,969,200 144% State Reimbursements 17,811,800 23,935,100 23,200,200 37,168,000 < 13,232,900 55%, Local Reimbursements 5,021,600 1,081,800 2,932,200 2,688,700 1,606,900 149% TUMF Revenue 9,157,900 6,784,300 6,397,400 5,25(.300 (1,527,000) -23% Other Revenue 2,321,800 592,400 450,800 882,800 290,400 49% Investment Income 4,524,200 1,824,000 3,391,100 7,321,700' 5,497,700 301% TOTAL Revenues 240,785,500 252,405,300 259,794,800 310,150,900 57,745,600 23% Expenditures Personnel Salary and Benefits 5,868,500 6,576,900 6,505,300 6,777,300 200,400 3% Professional and Support Professional Services 12,115,400 17,149,100 13,014,800 < 13,891,100 (3,257,900) -19% Support Costs 3,571,400 5,068,900 4,607,000 5;326,600 257,700 5% TOTAL Professional and Support Costs 15,686,800 22,218,000 17,621,800 19,217.!:!00 (3,000,200) -14% Projects and Operations Program Operations-General 10,554,500 16,827,000 14,057,700 16,605,70Q (221,300) -1% Engineering 27,545,300 41,568,800 27,796,100 (17,256,200) -42% Construction 24,414,800 59,777,600 31,472,700 62,809,300 105% Design Build 16,272,900 29,438,000 11,000,000 (388,000) -1% Right of Way/Land 44,663,000 85,927,000 54,535,100 23,549,500 27% Operating and 'capital Disbur~ements 58,516,500 109,547,300 81,317,500 (13,659,300) -12% Special Studies 459,500 770,000 280,000 30,000 4% Local Streets and Roads 36,857,000 36,025,000 36,934,600 868,000 2% Regional Arterials 8,638,600 16,262,000 17,409,200 ' 4,138,400 25% • TOTAL Projects and Operations 227,922,100 396,142,700 274,802,900 59,870,400 15% Debt Service Principal Payments 109,607,200 6,500,000 46,500,000 ' 126 120,300,000 1851% Interest Payments 11,296,300 13,695,000 16,464,000 16,613iboo . 2,918,000 21% Cost of Issuance 1,493,100 .:,>,;;;·;~<·~:·, N/A TOTAL Debt Service 122,396,600 20,195,000 62,964,000 :1,4(~~~3,000 123,218,000 610% Capital Outlay 147,300 516,200 340,700 432,700 (83,500) -16% TOTAL Expenditures 372,021,300 445,648,800 362,234,700 625,853,900 180,205,100 40% Excess (deficiency) of Revenues over (under) Expenditures (131,235,800) (193,243,500) (102,439,900) (315,703,000) (122,459,500) 63% Other Financing Sources (Uses) Transfers In 185,354,800 169,739,100 166,283,400 326,313,700 156,574,600 92% Transfers Out (185,354,800) (169,739,100) (166,283,400) (326,31~!,700) (156,574,600) 92% Debt Proceeds 170,000,000 38,000,000 60,000,000 1,240,172,000 1,202,172,000 3164% Payment to Refund Bond Escrow Agent N/A Bond Discount (967,500) N/A Net Financing Sources (Uses) 169,032,500 38,000,000 60,000,000 1,240,172,000 1,202,172,000 3164% Excess (deficiency) of Revenues over (under) Expenditures and Other Financing Sources (Uses) 37,796,700 (155,243,500) (42,439,900) 924,469,000 1,079, 712,499 -695% Beginning Fund Balance 551,567,900 589,364,600 589,364,600 546,924,700 (42,439,900) -7% ENDING FUND BALANCE $ 589,364,600 $ 434,121,100 $ 546,924,700 $ 1,471,393,700 $ 1,037,272,600 239% • 16 Table 16-Operating and Capital Budget FY 2012/13 • FY 12/13 FY 12/13 FY 12/13 Operating Budget Capital Budget TOTAL Budget Revenues Measure A Sales Tax $ 12,059,000 $ 111,941,000 $ 124,000,000 LTF Sales Tax 61,000,000 61,000,000 STA Sales Tax 14,212,500 14,212,500 Federal Reimbursements 911,800 56,708,100 57,619,900 State Reimbursements 4,460,000 32,708,000 37,168,000 Local Reimbursements 2,167,300 521,400 2;688,700 TUMF Revenue 5,257,300 5,257,300 Other Revenue 882,800 882,800 Investment Income 717,300 6,604,400 7;321,700 TOTAL Revenues 95,527,900 214,623,000 31.0,150,900 Expenditures Personnel Salary and Benefits 3,856,000 2,921,300 6,777,300 Professional and Support Professional Services 4;046,600 9,844,600 13,891,200 Support Costs 4,739,600 587,000 5;326~600 TOTAL Professional and Support Costs 8,786,200 10,431,600 19,217,800 Projects and Operations Program Operations-General 7,048,200 9,557,500 < l.6,6tJS,700 Engineering 24,312,600 '":> ····14}~12,6()() Construction 60,000 122,526,900 122.,586,900 Design Build 29,050,000 J·< v,':t·( .29,050,000 ih~ ' Right of Way and Land 109,476,500 · ... ·•• ,,:1()~,476,500 Operating and Capital Disbursements 95,638,000 250,000 Q?,88g,OOO Special Studies 760,000 40,000 .•. spo;ooo Local Streets and Roads 36,893,000 3f?,S9~;Q.OO • Regional Arterials 20,400,400 20AQP;;4op TOTAL Projects and Operations 103,506,200 352,506,900 · 4SG;p1s;:wo Debt Service ' .~ ,y; Principal Payments 126,800,000 • i26800000 Interest Payments 16,613,000 16 1 6i3!;b00 '·•' ;:.. , .. , I . . ~. Cost of Issuance -,;:',,,,' . TOTAL Debt Service 143,413,000 14.3,413,000 Capital Outlay 207,700 225,000 ,.432,700 TOTAL Expenditures 116,356,100 509,497,800 625,853,900 Excess (deficiency) of Revenues over (under) Expenditures (20,828 .• 200) {294,874,800) (315,703;000) Other Financing Sources (Uses) Transfers In 20,202,400 306,111,300 326~313,700 Transfers Out (20,299,900) (306,013,800) (326,313, 700) Debt Proceeds 1,240,172,000 1,240,172,000 Net Financing Sources (Uses) (97,500) 1,240,269,500 1,24(),172,000 Excess (deficiency) of Revenues over (under) . Expenditures and Other Financing Sources (Uses) (20,925,700) 945,394,700 924,469,000 Beginning Fund Balance 164,808,700 382,116,000 >546,'::),24,700 ENDING FUND BALANCE $ 143,883,000 $ 1,327,510,700 $ 1:,471,393,700 • 17 • Table 17-Budget by Governmental Fund Type FY 2012/13 FY 12/13 General Fund Special Revenue Capital Projects Debt Service TOTAL Budget Revenues Measure A Sales Tax $ 2,700,000 $ 121,300,000 $ $ $ 124,000,000 LTF Sales Tax 61,000,000 61,000,000 STA Sales Tax 14,212,500 14,212,500 Federal Reimbursements 20,000 54,617,900 2,982,000 57,619,900 State Reimbursements 910,000 36,258,000 37,168,000 Local Reimbursements 225,200 2,463,500 2,688,700 TUMF Revenue 5,257,300 5,257,300 Other Revenue 882,800 882,800 Investment Income 66,200 2,028,500 5,203,600 23,400 7,321,700 TOTAL Revenues 3,921,400 298,020,500 5,203,600 3,005,400 310,150,900 Expenditures Personnel Salary and Benefits 3,359,100 3,418,200 6,777,300 Professional and Support Professional Services 2,577,300 11,313,900 13,891j200 Support Costs 3,328,800 1,997,800 ' ·,~.' .. . 5,326;(:)00 TOTAL Professional and Support Costs 5,906,100 13,311,700 19,217;soo. Projects and Operations . 16}605,7ff&;' Program Operations-General 1,394,800 15,210,900 /~.' .. Engineering 23,993,500 319,100 < 24312600 Construction 122,586,900 ;'~\~r''12~~5S,~9oo · Design Build 29,050,000 · · 29;05o;oo.o Right of Way/Land 106,452,400 3,024,100 ->·· :lo9,4;z6,sd6 • Operating and Capital Disbursements 12,939,700 82,948,300 95,888,000 Special Studies 760,000 40,000 .··•:soo,ooo Local Streets and Roads 36,893,000 . ; ~ Regional Arterials 20,400,400 .. '·20,4 TOTAL Projects and Operations 15,094,500 437,575,400 3,343,200 -... 456,1)1~;!00 Debt Service . ·;~·;::f0<·'··· Principal Payments 120,000,000 6,800,000. 126,8h8:ooo Interest Payments 433,000 16,180,000 16,(:)13,000: Cost of Issuance TOTAL Debt Service 120,433,000 22,980,000 143,413,000 Capital Outlay 190,700 242,000 432:;700 TOTAL Expenditures 24,550,400 454,547,300 123,776,200 22,980,000 625,853;900 Excess (deficiency) of Revenues over (under) Expenditures (20,629,000) (156,526,800) (118,572,600) (19,974,600) (315,703,000) Other Financing Sources (Uses) Transfers In 19,165,400 150,592,900 136,889,600 19,665,800 326,313,700 Transfers Out (72,518,900) (253,144,800} (650,000) (326,313,700) Debt Proceeds 1,240,172,000 1,240,172,()(J() Net Financing Sources (Uses) 19,165,400 78,074,000 1,123,916,800 19,015,800 1,240,172;00() Excess (deficiency) of Revenues over (under) Expenditures and Other Financing Sources (Uses) (1,463,600) (78,452,800) 1,005,344,200 (958,800} 9 2 4,469,(}()(} Beginning Fund Balance 14,471,900 486,205,000 40,582,500 5,665,300 . 546,924JW ENDING FUND BALANCE $ 13,008,300 $ 407,752,200 $ 1,045,926, 700 $ 4,706,500 $ 1,471,393,700 • 18 Table 18-Highway, Regional Arterial, and Rail Programs FY 2012/13 Description Projects and Operations Bechtel Program Management SCRRA Program Management TOTAL PROJECTS-GENERAL Highway Engineering SR~60 Truck Climbing lanes 91/71 Connectors 1-15 Corridor Improvements 1-215 Corridor Improvement (Central Segment)/Scott Road to Nuevo Road 1-215 Southbound to 1-15 Connector W!dening Gap Closure Mid County Parkway SR-91 Corridor Improvements SR-91 HOV Lanes/Adams Street to 60/91/215 Interchange General SUBTOTAL HIGHWAY ENGINEERING Regional Arier'ial Engineering Various Western County TUMF Regional Arterial Projects, including SR-79 realignment SUBTOTAL REGIONAL ARTERIAL ENGINEERING Rail Engineering Perris Valley line and Other Related Projects SUBTOTAL RAIL ENGINEERING TOTAL HIGHWAY, REGIONAL ARTERIAL, AND RAIL ENGINEERING Highway Construction 60/215 East Junction HOV Lanes Connector 74/2151nterchange 1-215 Corridor Improvements (South Segment)/1-15 to Scott Road 1-215 at Blaine Street l-15 Los Alamos Road Bridge Replacement SR-74 Curve Widening SR-91 Corridor Improvements SR-91/La Sierra Interchange SR-91/Van Buren lnterch~nge General (details presented in Section 6.3 Motorist Assistance) SUBTOTAL HIGHWAY CONSTRUCTION Regional Arterial Construction Various Western County TUMF Regional Arterial Projects SUBTOTAL REGIONAL ARTERIAL CONSTRUCTION Rail Construction Perris Valley Line and Other Related Projects SUBTOTAL RAIL CONSTRUCTION TOTAL HIGHWAY, REGIONAL ARTERIAL, AND RAIL CONSTRUCTION Highway Design Build SR-91 Corridor Improvements TOTAL HIGHWAY DESIGN BUILD Highway Right of Way and Land 74/215 Interchange 60/215 East Junction HOV Lanes Connector 1-215 Corridor Improvement {Central Segment)/Scott Road to Nuevo Road Mid County Parkway SR-74 Curve Widening SR-74/1-15 to 7th Street 91/71 Connectors SR-91 Corridor Improvements SR-91 HOV Lanes/Adams Street to 60/91/215 Interchange Coachella Valley MSHCP SUBTOTAL HIGHWAY RIGHT OF WAY AND LAND Regional Arterial Right of Way and Land Various Western County TUMF Regional Arterial Projects SUBTOTAL REGIONAL ARTERIAL RIGHT OF WAY AND LAND Rail Right of Way and land Perris Valley line and Other Related Projects SUBTOTAL RAIL RIGHT OF WAY AND LAND TOTAL HIGHWAY, REGIONAL ARTERIAL, AND RAIL RIGHT OF WAY AND LAND GRAND TOTAL HIGHWAY, REGIONAL ARTERIAL, AND RAIL PROGRAMS 19 $ $ $ 5,882,700 2,608,000 8,490,700 3,000,000 4,000,000 8,000,000 1;000,000 750,000 2;000,000 2,000,000 150,000 419,100 ' 21,319,100 ,<~, :1t''; ~p~ ::J ~ '<,:' :z::~:~~:'' ~·,:::r ::g;:--_6s:~lo.6.ooo 265>000. 1,303,000 20,000 310,000 ;38,~00 i;25o,oo.o ·6P;4oo,oop -'. 14,195,000 3,02.4;100 • 17,632,500 • • • -· Resource Estimation "'· Commission Policy Goals Department Goals and Objectives Department Budget Development Budget Compilation Budget Review and Adoption • Use of accumulated reserves for projects and programs • Flexibility to change scope and timing of projects • Small staff with heavy use of consultants •lnterfund borrowing policy, if required •Impact on transit operations and capital project needs • Encouraging signs of economic recovery •Issuance of commercial paper in FY 2012/13 •Issuance of toll revenue bonds in FY 2012/13 Beginning Fund Balance (projected) Revenues Debt Proceeds Transfers In Total Estimated Sources Department/Program Expenditures Debt Service Transfers Out Total Estimated Uses Sources Over Uses Ending Fund Balance (projected) 310,150,900 1,240,172,000 326,313,700 {482,440,900) {143,413,000) {326,313,700) FY 2012/13 $ 546,924,700 1,876,636,600 {952,167,600) 924,469,000 $ 1,471,393,700 FY 11/12 FY 11/12 FY 12/13 ~ Revised Budget Projected Budget Measure A Sales Tax $ 124,000,000 $ 124,000,000 $ 124,000,000 LTF Sales Tax 61,000,000 61,000,000 61,000,000 STA Sales Tax 9,537,000 14,073,600 14,212,500 Intergovernmental 48,667,600 50,481,900 97,476,600 TUMF Revenue 6,784,300 6,397,400 5,257,300 Other Revenue 592,400 450,800 882,800 Investment Income 1,824,000 3,391,100 7,321,700 Operating Transfers In 169,739,100 166,283,400 326,313,700 Debt Proceeds 38,000,000 60,000,000 1,240,172,000 TOTAL Sources $ 460,144,400 $ 486,078,200 $ 1,876,636,600 Millions '(/). I '(/). '(/). '(/). '(/). '(/). '(/). '(/). .!'""' .!'""' ~ N ~ 0'\ 00 0 N )::. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Ill Ill I! I! 'TI 'TI 'TI -< -< -< .... .... .... .... .... N ......... ......... ......... .... .... .... N N w ::0 ., co It) .... c 5. .2. c.. VI It) O'Q It) n It) c.. ..... ..... It) co c.. c c.. O'Q It) ..... Debt Service 23% Management Services 1% Rail Maintenance & Operatic 2% Capital Highways, Rail& Arterials Capital Local Streets & Roads 6% ~ Public & Specialized Transit Program Uses 76% Commuter Assistance 1% 13% Planning & Programming 1% Assistance 1% Capital Highway, Rail, and Regional Arterials $ Capital Local Streets and Roads Commuter Assistance Debt Service Management Services Motorist Assistance Planning and Programming Public and Specialized Transit Rail Maintenance and Operations TOTAL Expenditures $ FY 11/12 Revised Budget 255,697,900 36,025,000 4,226,400 20,195,000 8,249,500 5,263,300 7,450,300 87,042,800 21,498,600 445,648,800 $ $ FY 11/12 Projected 158,556,100 36,934,600 4,231,400 62,964,000 7,544,100 5,286,600 . 4,065,300 61,639,700 21,012,900 362,234,700 $ $ FY 12/13 Budget 326,827,000 36,893,000 4,039,000 143,413,000 7,384,800 4,848,200 4,527,900 83,335,200 14,585,800 625,853,900 @I @I "T'I "T'I "T'I -< -< -< ..... ...... ...... ...... ...... N ......... ......... ....... ...... ...... ...... N N w :XI "'C CIJ tD .., c: < 0 v;· 'iii" c.. OQ tD (") tD c.. .... .... tD CIJ c.. c: c.. OQ tD .... "(I)- I ' I "(/)-"(/)- "(/)- U1 0 I I Ill i ..... ..... 0 U1 0 0 "(/)o N 0 0 Millions "(/)-"(/)-"(/)o N W W U1 0 U1 0 0 0 -------------------------------------- FY 11/12 FY 11/12 FY 12/13 Revised Budget Projected Budget Personnel Salary and Benefits $ 6,576,900 $ 6,505,300 $ 6,777,300 Professional Services 17,149,100 13,014,800 13,891,200 Support Costs 5,068,900 4,607,000 5,326,600 Projects and Operations 396,142,700 274,802,900 456,013,100 Debt Service 20,195,000 62,964,000 143,413,000 Capital Outlay 516,200 340,700 432,700 TOTAL Expenditures $ 445,648,800 $ 362,234,700 $ 625,853,900 Personnel Salary & Benefits 3% Support Costs 5% Projects & Operations 15% Debt Service 610% I Professional Services 19% Capital Outlay 16% Ill::' IIIII ..., ..., -< -< ...... ...... ...... ...... --...... ...... N N :::0 "'0 Ill ... < 0 iii" (D" Ill n a. r+ Ill OJ a. t:: a. (IQ Ill r+ ..., -< ...... N -...... UJ OJ t:: a. (IQ Ill r+ Millions ~ ~1--oJ.I--oJ>I--oJ.I--oJ>NNNNWWW 'V).NU1 ...... 0NU1 ...... 0NU1 ...... 0NU1 .UlOU10U10U10UlOU10U10 Measure A administrative salaries and benefits, I Funding needs for projects and transit. operators Sales tax and TUMF revenue trends Timeliness of federal and state reimbursements Review the final budget draft, close the public hearing, and adopt the final budget • AGENDA ITEM SA • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: May 9, 2012 TO: Riverside County Transportation Commission FROM: Executive Committee Theresia Trevino, Chief Financial Officer THROUGH: Anne Mayer, Executive Director SUBJECT: Revised AB 1234 Reimbursement Policy EXECUTIVE COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1) Approve the revisions to the Riverside County Transportation Commission Legislative Body Reimbursement Policy; and 2) Adopt Resolution No. 12-014, "A Resolution of the Riverside County Transportation Commission Regarding the Revisions to the Riverside County Transportation Commission Legislative Body Reimbursement Policy." • BACKGROUND INFORMATION: • At its May 10, 2006 meeting, the Executive Committee approved the Riverside County Transportation Commission Legislative Body Reimbursement policy and the Employee Travel and Expense Reimbursement policy. Minor revisions to the Legislative Body policy were approved at the October 11 , 2006 and February 14, 2007 meetings. Since these policies were approved, management has determined that additional revisions should be considered regarding meal reimbursements. Attachments: 1) Legislative Body Reimbursement Policy 2) Resolution No. 12-014 Agenda Item 8A 20 • I. RIVERSIDE COUNTY TRANSPORTATION COMMISSION LEGISLATIVE BODY REIMBURSEMENT POLICY PURPOSE The purpose of this Reimbursement Policy ("Policy") is to set forth policies governing the reimbursement of members of any RCTC "legislative body" as that term is defined in Government Code section 54952 ("Legislative Body Members") for actual and necessary expenses incurred in the performance of their official duties. The term "Legislative Body Members" shall not apply to the Technical Advisory Committee. Whenever issues of remuneration and reimbursement of RCTC's Legislative Body Members arise, RCTC shall adhere to this Policy and Government Code sections 53232.2 and 53232.3. II. COMPENSATION FOR MEETINGS AND CONFERENCES Legislative Body Members, exclusive of members of the Citizens Advisory Committee (CAC), shall be entitled to receive compensation for attendance of any of the following: (i) a meeting of the legislative body; (ii) a meeting of an advisory body; (iii) a conference or organized educational activity conducted in compliance with Government Code section 5.4952.2, including but not limited to ethics training required by Government Code section 53234. • III. TRANSPORTATION • A. Use of Personal Vehicle. RCTC shall reimburse Legislative Body Members for mileage incurred when they use their vehicles to attend meetings of a legislative or advisory body, conferences, or other meetings in furtherance of RCTC's affairs. RCTC will reimburse mileage for travel to and from the destination based upon the approved Internal Revenue Service mileage reimbursement rate in effect. The mileage claimed shall be from the Legislative Body Member's jurisdictional office location. Whenever a Legislative Body Member uses his or her vehicle, it shall be fully insured. B. Rentals. RCTC shall reimburse Legislative Body Members for actual and necessary vehicle rental expenses when there is no other economical and convenient transportation available. When there are multiple attendees consisting of Legislative Body Members and/or staff at the same meeting or conference, attendees are encouraged to share car rentals to minimize RCTC's expense, when feasible. RCTC shall only reimburse economy or compact rate vehicles unless (i) such class of vehicle is unavailable; or (ii) such class of vehicles do not accommodate a disability. When a Legislative Body Member rents a vehicle, he or she shall obtain insurance for the vehicle at RCTC's expense. Fuel charges for car rentals shall be reimbursed at actual costs. C. Shuttle, Bus, Taxi, and Public Transportation. Shuttle, bus, taxi, and public transportation may be used b'etween an airport, hotel and conference site whenever it is available. Legislative Body Members are encouraged to use the most efficient mode of transportation available. Actual costs, including gratuities, shall be reimbursed . F:/USERS/FINANCE/FISC. PROC/RCTC AB 1234 REIMBURSEMENT POLICY.DOC- 0511 0/06, as revised 1 0/11/06~--a:OO 02/14/07, and 4111/12 21 D. Air Travel or Other Common Carrier Transportation. As necessary for the performance of their official duties, Legislative Body Members may use air travel or other mode of common carrier transportation to and from the destination. Legislative Body Members are encouraged to use the most efficient means available. Air travel shall be at coach accommodations, unless the cost differential between upper class and coach accommodation is less than $10, or single class service. Selection of carrier, reservations, and ticketing should be arranged as early as feasible to obtain the greatest discount. Use of internet travel services is discouraged and travel arrangements should be made directly with the air carrier, car rental agency, and/or hotel, except when savings in excess of $150 can be realized and documented when using such travel service. If personal travel is combined with RCTC business-related travel by a Legislative Body Member, documentation·ofthe normal cost ofthe RCTC business-related travel expenses shall be submitted. The Legislative Body Member shall only be reimbursed for the RCTC business-related portion ofthe travel. Any additional costs incurred related to changes to travel for personal reasons, other than illness or family emergency, are the responsibility of the Legislative Body Member. IV. LODGING Lodging costs shall not exceed the maximum group rate published for standard accommodations at single occupancy rates by the conference or activity sponsor, provided that lodging at the group rate is available. If a group rate is not available, the government rate of the provider of lodging shall be used. If neither the group nor governments rates are available, the most economical rate shall be obtained. Pre/post-conference or pre/post-meeting lodging is available for regional and national travel requiring extensive travel time and adjustment. Pre-conference/pre-meeting lodging shall be offered for regional travel if such conference/meeting starts at or before 9:00 a.m. Lodging for local travel will be permitted if the length of the conference/meeting is more than one day and the distance is more than 60 miles from RCTC's offices or the Legislative Body Member's residence, whichever is more, or if the Legislative Body Member's presence is necessary for RCTC business-related activities before or after the regular conference hours. V. MEALS The actual costs of meals incurred while attending conferences or other meetings in furtherance of RCTC's affairs are reimbursable provided RCTC staff is given a receipt. Meal costs shall be reimbursed at an amount not greater than $.w-60 per day. The meal rate of $~60 per day shall be deemed the reasonable rate of reimbursement for meal expenses and may be increased te---on a case-bv-case basis ~for certain urbanized areas (e.g., New York; Washington, D.C.; and San Francisco) with the approval of the Commission's Chair. In the event submitted receipts are Jess than $~60 per day, Legislative Body Members shall only receive reimbursement equal to the actual amount spent on meals as reflected in his or her submitted receipts. F:/USERS/FINANCE/FISC. PROC/RCTC AB 1234 REIMBURSEMENT POLICY.DOC- 05/1 0/06, as revised 1 0/11 /06~-aml 02/14/07, and 4/11 /12 22 • • • • • • When a Legislative Body Member is traveling \Vith RCTC staff: the meal rate of $50.00 per day shall be reduced by the cost of a meal(s) for a Legislative Body Member paid for by RCTC staff. VI. INCIDENTAL EXPENSES Incidental expenses incurred related to parking fees and toll charges are reimbursable provided RCTC staff is given a receipt. Other incidental expenses related to miscellaneous gratuities, which were not previously noted, shaJI not exceed $1 0 per day. VII. PERSONAL EXPENSES AND OTHER EXPENSES NOT REIMBURSABLE RCTC shall not reimburse the cost of transportation, lodging, meals, or other costs of travel when such costs are of a personal nature incurred in conjunction with the performance of RCTC official duties. Personal costs, not reimbursable by RCTC, .shall include, but not be limited, to the following: (i) alcoholic beverages; (ii) parking and traffic violations; (iii) entertainment; (iv) services provided by the provider of lodging; and (v) expenses incurred on behalf of a spouse, dependent, or traveling companion. VIII. CONFERENCES AND OTHER MEETINGS Legislative Body Members shall only receive reimbursement of travel, lodging, and meals for conferences or other meetings in furtherance of RCTC's affairs. No other occurrence will be reimbursed unless approved in advance by the RCTC Board of Commissioners in a public meeting. IX. EXPENSE REPORTS RCTC shall not reimburse any expense until an Expense Claim Form is submitted to. RCTC within a reasonable time after incurring the expense. Reimbursable expenses shall be limited to actual and necessary expenses incurred in attending conferences or other meetings in furtherance of RCTC's affairs. Expense Claim Forms shall be accompanied by receipts documenting each expense. Furthermore, upon returning from a conference or educational event, where expenses are reimbursed by the RCTC, the Legislative Body Member will either prepare a written report for distribution to his or her legislative body, or make a brief oral report during the next regular meeting of his or her legislative body. A. Specific Documentation Requirements for Meal Reimbursements. Requests for meal reimbursements should include the conference attended or meeting business purpose, date of meal, restaurant name and itemized receipt of food and beverages to ensure no alcoholic beverages are being reimbursed, and listing of attendees, if any, and business relationship. Reimbursements for room service or hotel dining meals shall be made upon presentation of any itemized receipts. Hotel folio charges for such meals without an itemized receipt are not acceptable . F:/USERS/FINANCE/FISC. PROC/RCTC AB 1234 REIMBURSEMENT POLICY.DOC- 05110/06, as revised 10111/06~-atld 02/14/07, and 4/11/12 23 X. EXPENSES NOT INCLUDED WITHIN POLICY Expenses which do not fall within this Policy or the Internal Revenue Service reimbursable rates must be approved by the RCTC Board of Commissioners in a public meeting before the expense is incurred. XI. CANCELLED TRAVEL If expenses are prepaid by RCTC and are not used, RCTC shall require reimbursement unless the reason for not attending was due to personal illness or an event that impeded good faith efforts to attend. The RCTC Executive Director or designee will review all cancelled travel and determine whether reimbursement is due. XII. MODIFICATIONS The forgoing provisions may be reviewed and amended by the RCTC Board of Commissioners. F:/USERS/FJNANCE/FISC. PROC/RCTC AB 1234 REIMBURSEMENT POLICY.DOC- 05/10/06, as revised 10/1 1/06_,_-aH-EJ. 02/14/07, and 4/11/12 24 • • • • RESOLUTION NO. 12-014 A RESOLUTION OF THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION REGARDING THE REVISIONS TO THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION LEGISLATIVE BODY REIMBURSEMENT POLICY WHEREAS, the Riverside County Transportation Commission (the "Commission") currently retains the authority to add, delete or otherwise modify the Commission's policies and procedures; and WHEREAS, the Commission is required to establish a legislative body reimbursement policy in accordance with AB 1234; and WHEREAS, the Commission has granted the Executive Committee the authority to add, delete or otherwise modify the Commission's policies and procedures. THEREFORE BE IT RESOLVED by the Riverside County Transportation Commission, that the Riverside County Transportation Commission has adopted the following restated section of the legislative body reimbursement policy: • "SECTION V. MEALS • The actual costs of meals incurred while attending conferences or other meetings in furtherance of RCTC's affairs are reimbursable provided RCTC staff is given a receipt. Meal costs shall be reimbursed at an amount not greater than $60 per day. The meal rate of $60 per day shall be deemed the reasonable rate of reimbursement for meal expenses and may be increased on a case-by-case basis for certain urbanized areas (e.g., New York; Washington, D.C.; and San Francisco) with the approval of the Commission's Chair. In the event submitted receipts are less than $60 per day, Legislative Body Members shall only receive reimbursement equal to the actual amount spent on meals as reflected in his or her submitted receipts." APPROVED AND ADOPTED this 9'h day of May, 2012. ATTEST: Jennifer Harmon Clerk of the Board John J. Benoit, Chair Riverside County Transportation Commission 25 • AGENDA ITEM 88 • ie • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: May 9, 2012 TO: Riverside County Transportation Commission Budget and Implementation Committee FROM: Matt Wallace, Procurement Manager Marla Modell, Procurement Administrator THROUGH: Anne Mayer, Executive Director SUBJECT: Single Signature Authority Report BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to receive and file the Single Signature Authority report for the third quarter ended March 31, 2012. BACKGROUND /NFORMA TION: Certain contracts are executed under single signature authority as permitted under: • • Resolution No. 98-013 authorizes the Executive Director to sign professional services and administrative contracts in an aggregate amount not to exceed $500,000 in any given fiscal year; and Public Utilities Code Section 130323(c) authorizes the Executive Director to sign public works contracts. The attached report details all contracts that have been executed for the third quarter ended March 31, 2012, under the single signature authority granted to the Executive Director. The unused capacity of single signature authority under Resolution No. 98-013 forthe quarter ended March 31, 2012 is $311,815. Attachment: Single Signature Authority Report Agenda Item 88 26 • CONSULTANT . Agreements that fall under Resolution No. 98-013 AMOUNT AVAILABLE July 1, 2011 Transportation Management & Design, Inc. Joanna Capelle GCAP Services, Inc. MGB Construction MK Consulting Beacon Economics :Paul 81ackwelller ,~9uthSbir Engln&~rinsf ~·Consulting ore&h~_r:n ~avage·N~ran & Tilden AMOUNT USED • SINGLE SIGNATURE AUTHORITY AS OF March 31, 2012 DESCRIPTION OF SERVICES Strategic Analysis Services· Support SR·91 CJP Project Grant Funding Consulting Services Disadvantaged Business Enterprise Consulting Services Asphalt Repair Services Rideshare Incentive Program Analysis & Development Service~ Sales Tax Reveune Projections • ;. t\J.I.iF ~i>~~~).!ln!j Ser~l~es ROW Maiia'gemeht support s~!Y).c:_as." · Lega-, se.t:Vi~e'•J~~R~4'l'Oreement AMOUNT REMAINING through March 31, 2012 Agreements that fall under Public Utilities Code 130323 (C) Elrod F~nce Install i:h~lri;l)likr!ince Pedley !!t~i,t~ri\>' Elfod .. FeOce <Ceo no-FenCe Elrf?d Fence f,:lrQ~ Fence AMOUNT USED Matt Wallace ·pre·p·a;.e·d by Install chain Jl~k fence with wrought)l::lib1~i~'ofona station. ·Install chain link fence and gateposts: La Sierra Install iencelooated attbe-ii;iri6"e(id oflha planter·;·f11Mc, lhst~li ctr~frl·:irP~Jeo<:e Pedley $uliron,<~ Theresia Trevino R·eviewe·crby·· Note: $·har;led are~ represents neW con't,;I·~~I1Sfed·~n1n-. t~!flfeiuarter. ·;. ;"" ~ · .. >~\::\~ ~~ .. .. ~~: :__<· 27 ORIGINAL CONTRACT AMOUNT 500,000,00 35,000,00 6,500,00 20,000.00 3,685.00 10,000.00 18,000.00 40,000.00 ,so:o~Q.oo . s,ooo.oo 188,185.00 311,815.00 ~<(5;~~~;6/Ji:, ;. 16;350.0d' 12,146'.oo "1.o.:as~:ou '.1,~97 :olf · PAID AMOUNT 25,147.70 2,795,00 2,400,00 3,685.00 1,316.60 5,000.00 9.408.oo 7,150.00 2,725.00 59,627.30 5,889.00. 16,350.00 12,14G.OO 10,4$2.00 REMAINING CONTRACT AMOUNT 9,852.30 3,705.00 17,600,00 8,683.40 13,000.00 30,592.00 42,850.00 2,275.00 128,557.70 1,697.00 • • AGENDA ITEM 8C • • • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: May 9, 2012 TO: Riverside County Transportation Commission FROM: Western Riverside County Programs and Projects Committee Marlin Feenstra, Project Delivery Director THROUGH: Anne Mayer, Executive Director SUBJECT: Construction Change Order Policies WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1) Review the Commission's existing change order procedure; and 2) Require committee action when contract change orders exceed the previously-approved contingency. BACKGROUND INFORMATION: This item is a follow up to a request by the Commission to develop a policy handling requests by staff to add to the contract contingency authorization for construction contracts. Typically, the Commission authorizes a 1 0 percent contingency with the approval of construction contracts. That contingency is released as necessary through contract change orders. Every contract requires change orders, and certain types of work can be accomplished only through change orders. State law requires that only work that can be reasonably quantified and estimated can be required to be bid by the contractor, which means that work that must be performed to build the project but cannot be quantified during the bidding process must be paid for using change orders. Typical change orders of this type for highway construction contracts include traffic control, storm water pollution prevention measures, partnering, quantity adjustments, incentives for performance based bid items, and price adjustments for oil on projects with large amounts of asphalt paving. Current Change Order Process The current change order process includes various controls to ensure that the public funds added to the contract are warranted, and a fair price is paid for the work performed. The process followed by the Commission conforms to the Agenda Item 8C 28 Caltrans Construction Manual; for non-highway projects typically the requirements • of the Federal Transit Administration (FTA) may also apply. The specific steps in the change order process are as follows: 1 . The need for a change order is identified by the Resident Engineer (RE), who is part of the Construction Management team. 2. The RE discusses the change order with Commission/Bechtel Construction Manager and, if significant, the Commission project manager as well. The item is also discussed with the Caltrans oversight RE. 3. The RE drafts the change order and sends it to the contractor with a request for a cost proposal or a concurrence with the RE's proposal. 4. The contractor returns the cost proposal, which is analyzed by the RE to ensure the price is fair and reasonable; the RE may recommend approval or reject it and ask the contractor to try again. 5. After the RE and the contractor sign the change order, the RE sends it to the Commission with a cover memo that explains in detail 'the need for the change, the proposed solution, and the basis for the price. 6. The Commission/Bechtel Construction Manager,· Commission project manager, and Commission Project Delivery Director all review and sign the change order, and if the change order is over $100,000, the Executive Director reviews and signs as well. 7. After approval, the transfer of funds from the contingency to the contract is authorized. The documents involved in the entire process are retained in the project files and are subject to audit by federal and state agencies. In accordance with the Commission Quality Assurance Plan, quality audits are performed · periodically (usually twice during each contract; more often if required to guarantee compliance) to ensure that the process is followed correctly and all documents are filed properly. Process When Additional Funds Are Needed Before issuing any change order that would exceed the authorized contingency, Commission action is required to incre;:~se the contingency. The standard practice has been to take these items to the Western Riverside County Programs and Projects Committee or to the Eastern County Programs and Projects Committee, depending on the location of the project. Agenda Item 8C 29 • • • • • Staff is recommending no change to this procedure. However, standing committee meetings are occasionally cancelled due to holidays or other events. In this case, or if requested by the Executive Director in cases which require a more detailed level of oversight, it is recommended that the Chair appoint an ad hoc committee to consider the item and make a recommendation to the Commission. The key change in this approach is that it will ensure that a significant change order item receives a thorough review from a committee prior to its consideration by the Commission. Due to the nature of construction projects, decisions on change orders often need to be made quickly; this process would ensure that while the need to appoint a construction ad hoc committee for a single item would be rare, it would provide the Commission with a level of review while ensuring that a pressing time deadline can be met . Agenda Item 8C 30 • AGENDA ITEM 80 • • • • • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: May 9, 2012 TO: Riverside County Transportation Commission FROM: Western Riverside County Programs and Projects Committee David Thomas, Toll Project Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Cooperative Agreement with the County of Riverside for the State Route 91 Corridor Improvement Project WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1 ) 2) Approve Agreement No. 12-31-080-00, a cooperative agreement between the Commission and the county of Riverside (County) related to the State Route 91 Corridor Improvement Project (SR-91 CIP); and Authorize the Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. BACKGROUND INFORMATION: The SR-91 CIP will widen the SR-91 through the County, extend the ex1strng 91 Express Lanes from the Orange County line to Interstate 1 5, improve five local interchanges, reconstruct a portion of the 15/91 interchange, and provide other regular and express lane improvements within the SR-91 corridor. Due to the high priority of delivering these improvements, the SR-91 CIP is being fast-tracked by advancing several work phases concurrently. These concurrent work phases include preliminary engineering, environmental permitting, right of way acquisition, utility planning, interagency agreements, and design-build (contractor procurement and planning for final design and construction). Interagency Agreements Vital to the project's success is the communication and coordination with project stakeholders. Further, certain project stakeholders are potentially directly impacted by the project and/or require the Commission to obtain agreement on issues that impact the project. For these project stakeholders, the Commission initiated discussions and is negotiating interagency agreements in advance of the design- Agenda Item 80 31 build work phase. Currently interagency agreements are complete or are in process for the following agencies: Federal Highway Administration, Caltrans, California Highway Patrol, city of Corona, Orange County Transportation Authority, an'd the County. Cooperative Agreement with the County of Riverside The SR-91 CIP involves major construction of the SR-91 freeway through the County, local freeway interchanges, and local streets and intersections. The Commission and County staffs have negotiated a cooperative agreement for the project that addresses the foreseeable issues in advance of the project construction. The following are some key provisions of this cooperative agreement: • • • • • • The Commission shall be responsible for design, reviews, approvals, and inspection of the project work within the County's jurisdiction to ensure conformance with the County standards; The County shall review the sections of the request for proposals that pertain to work to be completed within the County's jurisdiction and provide comments to the Commission; The County shall timely process the required encroachment permits to cover the contractor's work on the project within the County's right of way; The County will attend and provide input at meetings of the contractor's task forces formed for public information, traffic management and detours, local street construction, and related work; The County shall waive any and all charges and fees related to plan review and inspections for the project; The County will make its best efforts to perform all obligations of the County related to the project in such a manner as to allow the project to progress as scheduled; • The Commission shall acquire, at its sole cost, new, replacement right of way for the County in exchange for the Frontage Road right of way to be vacated by the County, and shall deed such replacement Frontage Road right of way to the County in fee concurrently with the vacation and quitclaim of the frontage road vacated by County. The County shall timely accept such new right of way from the Commission; and • The Commission and County agree to the dispute resolution process. Staff is seeking Commission approval of the cooperative agreement and authorization for the Executive Director to execute the agreement between the Commission and County for the project. There is no direct cost related to this cooperative agreement. Agenda Item 8D 32 • • • • I Financial Information I In Fiscal Year Budget: I N/A Year: 1 FY 2012/13 + Amount: I $0 Source of Funds: IN/A Budget Adjustment: I N/A GL!Project Accounting No.: N/A Fiscal Procedures Approved: ~~ I Date: I 04/12112 Attachments: 1) Draft Agreement No. 12-31-080-00 2) Map of SR-91 CIP • • Agenda Item 80 33 • • • COOPERATIVE AGREEMENT ATTACHMENT I DISCUSSION DRAFT NO.8 4/5/2012 Agreement No. 12-31-080-00 FOR STATE ROUTE 91 EXPRESS LANES AND CORRIDOR IMPROVEMENTS BETWEEN RIVERSIDE COUNTY TRANSPORTATION COMMISSION AND THE COUNTY OF RIVERSIDE This Cooperative Agreement for State Route 91 Express Lanes and Corridor Improvements ("Cooperative Agreement") is made and entered into this __ day of ____ 2012, by and between the Riverside County Transportation Commission ("RCTC") and the County of Riverside (the "County"). RCTC and the County are sometimes referred to herein individually as "Party", and collectively as the "Parties". RECITALS WHEREAS, the Orange County Transportation Authority operates and maintains the existing SR-91 Express Lanes in Orange County under a franchise agreement with the State of California. WHEREAS, RCTC is studying the extension of the SR-91 Express Lanes on the existing State Route 91 between the Riverside/Orange County line and the State Route 15 interchange, including transition areas anticipated to commence as far north as Hidden Valley Parkway on State Route 15, as far south as Cajalco Road on State Route 15, as far east as Pierce Street on State Route 91, and as far west as Gypsum Canyon on State Route 91 (the "Project"). WHEREAS, the potential Project may include improvements to County streets and other related improvements that will ultimately be owned by the County, and may include certain additional improvements requested by the County. WHEREAS, because the Project, if constructed, may impact County owned and/or maintained facilities, coordination between the Parties prior to and during construction of the Project is crucial to provide for mitigation of potential impacts that construction may have on the County, and to ensure that improvements within the County comply with applicable standards. WHEREAS, the Parties acknowledge that, if a Project is constructed, it IS RCTC's intent to utilize the design-build method of Project procurement and construction. WHEREAS, it is the intent of the Parties in entering into this Cooperative Agreement to establish certain opportunities for cooperation and coordination and to set forth various responsibilities of the Parties, all as further set forth herein . 17336.02100\5937448.3 34 WHEREAS, the Parties acknowledge that full compliance with the California · • Environmental Quality Act (CEQA), the National Environmental Policy Act (NEPA) and other laws are a precondition to any approval or construction of the Project. WHEREAS, the Parties acknowledge and agree that nothing m this Cooperative Agreement commits RCTC to approving or constructing the Project. NOW THEREFORE, for good and valuable consideration, the receipt ofwhich is hereby acknowledged, it is mutually understood and agreed by RCTC and the County as follows: TERMS 1. Incorporation of Recitals. The recitals set forth above are true and correct and are incorporated into this Cooperative Agreement as though fully set forth herein. 2. Definitions. . 2.1 Caltrans. As used in this Cooperative Agreement, the term "Caltrans" shall mean and refer to the California Department ofTransportation; 2.2 County Standards. As used in this Cooperative Agreement, the term "County Standards" shall mean and refer to the County's standards, policies, guidelines, and ordinances, including Ordinance 461, design criteria, construction details, and testing/inspection requirements, and amendments and supplements thereto, for work within the County's Jurisdiction, approved by the County and in effect before the date of issuance of the final • addendum to the RFP. 2.3 County's Jurisdiction. As used in this Cooperative Agreement, the term "County's Jurisdiction" shall mean and refer to the areas within the Project limits either owned and/or maintained by the County. As used herein, the term "County's Jurisdiction" expressly excludes the State highway right of way. 2.4 Contractor. As used in this Cooperative Agreement, the term "Contractor" shall . mean and refer to the design-build contractor selected by RCTC for the Project pursuant to its Request for Proposal process. 2.5 Project. As used in this Cooperative Agreement, the .term "Project" shall mean and refer to the proposed RCTC State Route 91 Express Lanes and Corridor Improvement project as further described in the second recital of this Cooperative Agreement. 2.6 Request for Proposals. As used in this Cooperative Agreement, the term "Request for Proposals" shall mean and refer to RCTC's request for ·proposals for the design- build contractor for the Project. 3. Term. 3.1 This Cooperative Agreement shall be effective as ofthe date first set forth above, and shall continue in effect until the Project is complete, as evidenced by RCTC's issuance to the 2 17336.02100\5937448.3 35 • • • • Contractor of a notice· of completion pursuant to the terms of RCTC's contract with the Contractor ("Notice of Completion"). 3.2 Notwithstanding any other provision of this Cooperative Agreement, if the "no build" alternative is selected as a result of the completion of environmental review for the Project, this Cooperative Agreement shall immediately terminate without liability to either Party. 4. General Agreement to Cooperate. The Parties agree to mutually cooperate in order to help ensure that the Project is successfully completed with minimum impact to both Parties, the Contractor and the public. 5. Obligations ofRCTC. 5.1 RCTC shall incorporate the County Standards for work within the County's Jurisdiction into the Request for Proposals, and shall require that improvements within the County's Jurisdiction be completed pursuant to such standards. 5.2 No less than sixty (60) calendar days prior to release of the final Request for Proposals, RCTC shall provide the County an opportunity to review and comment on those sections of the Request for Proposals that pertain to work to be completed within the County's Jurisdiction. 5.3 RCTC shall require its Contractor to obtain encroachment permits from County for construction of any Project work within the County's Jurisdiction . 5.4 RCTC shall include, in its contract with the Contractor, a requirement that the Contractor include the County as an additional insured and as an indemnified party under said agreement. 5.5 As between the RCTC and the County, RCTC shall be responsible for design, reviews, approvals, and inspection of the Project work within the County's Jurisdiction to ensure conformance with the County Standards during completion of the Project design following selection of the Contractor, and during Project construction and maintenance periods. 5.6 Except in the case of an unforeseen circumstance, RCTC shall require its Contractor to provide at least a fifteen (15) day notification to County prior to any full or partial closure of any streets within County's Jurisdiction exceeding one (I) day in duration. Short term closures less than one (1) day in duration shall require forty eight ( 48) hours prior notice. 5.7 RCTC will institute a public outreach campaign to keep the residents of the County and the general public apprised of the Project work, and any street closures and other impacts to use of the County right of way that may result from the Project. 5.7 RCTC shall provide as-built plans for Project work within County's Jurisdiction within 120 days ofNotice ofCompletion. 6 . Obligations ofthe County. 3 17336.02100\5937448.3 36 6.1 The County shall review the sections of the Request for Proposals that pertain to • work to be completed within the County's Jurisdiction, and shall provide comments to RCTC, if any, within thirty (30) calendar days of the County's receipt from RCTC of the Request for Proposals. 6.2 The County shall timely process the required encroachment permits to cover the Contractor's work on the Project within the County right of way. Encroachment permits shall be processed in no more than five (5) working days after receipt of a complete encroachment permit application from Contractor. The County shaH not issue any encroachment permits to any other contractors if the proposed work thereunder has the potential to delay or impact the Project, without first coordinating the same with the Contractor and RCTC. Al1 required encroachment permits to be issued by County sha11 be issued in the name ofRCTC. 6.3 The County sha11 have appropriate representatives regularly attend meetings of the Contractor's task forces formed for p!lblic information, traffic management and detours, local street construction, and related construction work impacting the County', and shall provide input at such meetings related to Project work that may impact County residents. 6.4 The County shall waive any and all charges and fees related to plan review and inspections for the Project. 6.5 The County shall waive any street trenching restrictions/moratoriums currently in place within the County limits as respect to the Project work. 6.6 Following completion of the Project work within the County Jurisdiction and • 'prior to final acceptance thereof, the County shall timely review and approve the work. The County shall assume responsibility of the Project facilities completed within the County's Jurisdiction upon acceptance of the work. Such acceptance shall be evidenced by the recordation of the deed for the new Frontage Road. 6.7 The County shall timely, so as not to delay the Project, review, approve, and execute any necessary agreements or amendments to agreements with RCTC, Caltrans and/or the Contractor related to the Project work, or any Project facilities within the County's Jurisdiction. 6.8 The County shall not allow any encroachment within the County's right of way if such encroachment may interfere with the Project or the Project construction, without first coordinating the same with the Contractor and RCTC. 6.9 The County shall install, maintain, operate, and repair its facilities in a manner which avoids or minimizes, to the extent possible and reasonable, any impact to the Project. 6.10 The County will make its best efforts to perform all obligations of the County related to the Project in such a manner as to allow the Project to progress as scheduled. 7. Mutual Agreement Regarding Project Plans and Construction. 7.1 Other than reviews related to final inspection and County acceptance of the Project facilities within the County's Jurisdiction, the Parties agree that RCTC shall be the party 4 17336,0210015937448.3 37 • • • • responsible for conducting reviews of the Contractor's designs and plans, and for performance of any required field inspections to document that the work performed conforms to County Standards. RCTC shall provide the County copies of all designs plans for improvements within County's Jurisdiction, for review and comment during development by the Contractor of the final design for the Project. Approval of the Contractor's in-process designs and plans shall remain within the sole discretion of RCTC. The above does not preclude the County from performing inspections or reviews of any County facility. 8. Right of Way Acguisition/Relinguishment. 8.1 The Parties acknowledge and agree that Frontage Road along the corridor of the Project within the County's jurisdiction,· as shown on Exhibit A, may require relinquishment consisting of vacating and quitclaiming right of way by County to RCTC in order to allow for construction of the Project. 8.2 RCTC shall acquire, at its sole cost, new, replacement right of way for the County in exchange for the Frontage Road right of way to be vacated by the County, and shal1 deed such replacement Frontage Road right of way to the County in fee concurrently with the vacation and quitclaim of the Frontage Road, vacated by County. The County shall timely accept such new right ofway from RCTC. 8.3 RCTC and the County agree that RCTC acquired replacement right of way for any relocated Frontage Road will be just compensation for the vacated Frontage Road right of way required for the Project. 8.4 The County shall, in a timely manner, following notification of completion of the new Frontage Road by RCTC and acceptance by the County thereof, vacate and quitclaim the existing Frontage Road property. Exhibit A shows the existing Frontage Road alignment along with a proposed realignment alternative. The final alignment of Frontage Road will be subject to County approval, which approval shall not be unreasonably withheld or delayed. 9. Dispute Resolution. Unless otherwise specified herein, the Parties shall comply with the following procedures in the case of a dispute, claim or controversy arising under or in relation to this Cooperative Agreement. If one of the procedures below has already been completed pursuant to another section of this Cooperative Agreement, the matter shall immediately be submitted to the subsequent procedure. 9.1 Submission to RCTC Executive Director and Transportation Director. The dispute shall be referred for negotiation to the RCTC Executive Director and the Director of the County Transportation Department ("Transportation Director"). The RCTC Executive Director and the Transportation Director agree to undertake good faith attempts to resolve said dispute, claim or controversy within ten (1 0) calendar days after the receipt of written notice from the Party alleging that a dispute, claim or controversy exists. The Parties additionally agree to cooperate with the other Party in scheduling negotiation sessions. However, if said matter is not resolved within thirty (30) calendar days after conducting the first negotiating session, either Party may then request that the matter be submitted to further dispute resolution procedures, as may be agreed upon by the Parties . 5 17336.02100\5937448.3 38 9.2 Legal Action. If a matter is not resolved within thirty (30) calendar days after the • first negotiating session between the RCTC Executive Director and the Transportation Director, unless otherwise agreed upon in writing by the Parties, either Party may proceed with any other remedy available in law or in equity. 10. Indemnification. 10.1 RCTC shall indemnify, defend and hold the County, its directors, officials, officers, employees, agents, consultants and contractors free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or in equity, to property or persons, including wrongful death, in any manner arising out of or incident to any breach of contract, negligent acts, omissions or breach of Jaw, or willful misconduct of RCTC, its officials, officers, employees, agents, consultants or contractors in the performance ofRCTC's obligations under this Cooperative Agreement, including the payment of all reasonable attorneys fees. 10.2 The County shall indemnify, defend and hold RCTC, its directors, officials, officers, employees, agents, consultants and contractors free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or in equity, to property or persons, including wrongful death, in any manner arising out of or incident to any breach of contract, negligent acts, omissions or breach of Jaw, or willful misconduct of the County, its officials, officers, employees, agents, consultants or contractors in the performance of the County's obligations under this Cooperative Agreement, including the payment of all reasonable attorneys fees. 10.3 The indemnification provisions set forth in this Section 10 shall survive any expiration or termination ofthis Cooperative Agreement. 11. Force majeure. The failure of performance by either Party (except for payment obligations) hereunder shall not be deemed to be a default where delays or defaults are due to war; insurrection; strikes; lock-outs; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor, railroad, or suppliers; acts of the other Party; acts or failure to act of any other public or governmental agency or entity (other than that acts or failure to act of the Parties); or any other causes beyond the control or without the fault of the Party claiming an extension of time to perform or relief from default. An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within thirty (30) days of the commencement of the cause. Times of performance under this Cooperative Agreement may also .be extended in writing by mutual agreement between the Parties. 12. Amendments. This Cooperative Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing; however, no amendments or other modifications of this Cooperative Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors or assigns. ) 17336.02100\5937448.3 6 39 • • • • • 13. Assignment of Cooperative Agreement. Neither Party may assign or transfer its respective rights or obligations under this Cooperative Agreement without the express written consent of the other Party. Any purported assignment or transfer by one Party without the express written consent of the other Party shall be null and void and of no force or effect. 14. Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of either Party shall be deemed to waive or render unnecessary such Party's consent to or approval of any subsequent act of the other Party. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Cooperative Agreement. 15. Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Cooperative Agreement shall be declared invalid or unenforceable by valid judgment or decree of. a court of competent jurisdiction, such invalidity or unenforceability shall not affect any ofthe remaining phrases, sentences, clauses, paragraphs, or sections of this Cooperative Agreement, which shall be interpreted to carry out the intent of the parties hereunder. 16. Third Party Beneficiaries. The Contractor is an intended third-party beneficiary of this Cooperative Agreement. Except for the Contractor, there are no third-party beneficiaries to this Cooperative Agreement. [Signatures on following page] 7 17336.02100\5937448.3 40 SIGNATURE PAGE TO COOPERATIVE AGREEMENT FOR STATE ROUTE 91 EXPRESS LANES AND CORRIDOR IMPROVEMENTS RIVERSIDE COUNTY TRANSPORTATION COMMISSION By: Anne E. Mayer Executive Director Approved as to form: BEST BEST & KRIEGER LLP General Counsel for RCTC 17336.02100\5937448.3 8 41 COUNTY OF RIVERSIDE By: Attest: By: John J. Benoit Chair of the Board County Clerk Approved as to form: County Counsel • • • • • • 17336.02100\5937448.3 Exhibit A FRONTAGE ROAD ALIGNMENT (insert map) 9 42 43 -··-··-EXISTING STATE RIW I I I I I I I PROPOSED STATE RIW -··-··-AREA POTENTIAL EFFECT ----PROPOSED CITY RIW ~--------PER~ANENT EASE~ENT .................. PARCEL LINE PER~ANENT EASE~ENT (UTILITIES) TCE (UTILITIES) I I I I I I I PROPOSED RIW (UTILITIES) -PROPOSED SIDEWALK i+X "\·;;i,tl PROPOSED LOCAL STREET -COLD ~ILL AND OVERLAY SR-91 CORRIDOR IMPROVEMENT PROJECT SHT 1 OF 2 PARSONS -l'.o!<l<>:l.ttJM<tl<l'~-»""~ S200 t. GUASTI RO., SUITE 200 PHOME ftotl t1t-SIOO OHTNII01 CA 11711 FAX (tot) 2113e05 ~~~SnCc1~~MEoR;eRI~ffl,lrn f~";i'onTn'j~~s~~~t~~loo"f Cto~mb~~~o~ego~~~~~~t?~o vcfe'"dfs~~no~~r bp~~llc mode r~gordln.ft.w!he ol ignment or e~o~ston of the fr~ew9y, roods, off romps and oncf11ory fg~~~~u:~ ~'6, meoor;~ts~~~Ct~~b~ ~srt~~enct:gdhe+~ ~~s,~~t~~~edr1~~+Ys~~~~e r fmpl~ment any dep1cted capitol lmfrrovemenT. The 1nformo~~on conto~ned and/or dep?cted ~~To~, ~r 1Friac~~W:b~9~~~brfe'~"r" ra C~rFe~~~ ~~" 0tPyd ~"~+ ~~(r-8d"~adr/y~"couse any -··-··· EXISTING STATE RIW 1 1 1 1 1 1 I PROPOSED STATE RIW -··-:-·•· AREA POTENTIAL EFFECT PROPOSED CITY RIW ---------PERMANENT EASEMENT PARCEL LINE --------~ PERMANENT EASEMENT (UTILITIES) -----TCE (UTILITIES) I , I I I I I PROPOSED RIW (UTILITIES) -PROPOSED SIDEWALK l':f';,;:&iaJ PROPOSED LOCAL STREET -COLO MILL AND OVERLAY SR-91 CORRIDOR IMPROVEMENT PROJECT SHT 2 OF 2 PARSONS 3200 l. OUASTI RO., SUITE 200 ONTARIO. CA tt7t1 • t, AGENDA ITEM 8E • f • • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: May 9, 2012 TO: Riverside County Transportation Commission FROM: Western Riverside County Programs and Projects Committee Mark Lancaster, Interim Right of Way Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Interstate 21 5 Scott Road to Nuevo Road -Utility Agreements and Construction and Maintenance Agreement WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF·RECOMMENDA TION: This item is for the Commission to: 1) 2) 3) Authorize the Executive Director, pursuant to legal counsel review, to execute the utility agreements related to the Interstate 21 5 Scott Road to Nuevo Road Central widening project on behalf of the Commission; Approve Agreement No. 12-31-082-00 with Caltrans for construction and maintenance of the Ethanac Overhead Bridge; and Authorize the Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. BACKGROUND INFORMATION: The Commission, in conjunction with Caltrans, is developing plans for improving the existing 1-215 freeway from Scott Road to Nuevo Road. Proposed construction includes widening 1-215 from two to three lanes in each direction, widening undercrossings and replacing the Perris Boulevard overcrossing and the "D" Street on-ramp overcrossing in the city of Perris. On February 2, 2009, a cooperative agreement between Caltrans and the Commission authorized the Commission to perform all project work. Project work includes, in part, that the Commission identify, locate, accommodate, protect, relocate, or remove any utilities that conflicted with the 1-21 5 construction. Project work also requires that the Commission enter into a construction and maintenance agreement with Caltrans for the modification of the Ethanac Road Overhead Bridge over the San Jacinto Branch Line railroad right of way . Agenda Item 8E 45 The Commission owns the railroad right of way and wilt be administering the construction of the project. A new construction and maintenance agreement is required for Caltrans' long-term maintenance obligation for the bridge structure and to update the original construction and maintenance agreement executed between Caltrans and Atchison, Topeka and Santa Fe in 1961. Utility agreements will be required with the city of Perris, Southern California Edison, Southern California Gas Company, and Verizon to relocate all utility facilities, which are in conflict with project construction. As a part of establishing liability for the cost of the utility relocation, a prior rights check is performed by the utility owner and verified by the Commission's Utility Coordinator. The utility facilities wil.l be relocated either before or concurrently with construction activities, The estimated cost for the Commission's share of the relocation work is $513,500. The Commission previously approved the required right of way funding at its February 11, 2011 meeting. St.aff is recommending the Commission authorize the Executive Director to execute the utility agreements and the construction and maintenance agreement on behalf of the Commission. While these are standard form agreements, examples of a draft utility agreement and a draft construction and maintenance agreement are included as attachments. Financial Information In Fiscal Year Budget: I Yes I I FY2011/12 Amount: I $13,500 N/A Year: FY 2012/13 + $500,000 Source of Funds: I STIP-RIP, Measure A, CMIA Budget Adjustment: I No N/A GL/Project Accounting No.: 003023 81401 00068 0000 262 31 81401 Fiscal Procedures Approved: ~~ I Date: I 04/13/12 Attachments: 1) Draft Agreement No. 1 2-31-082-00 Construction and Maintenance Agreement (Ethanac Overhead Bridge) 2) Sample Utility Agreement Agenda Item 8E 46 • • • • • • Agreement No. 12-31-082-00 CONSTRUCTION AND MAINTENANCE AGREEMENT (Ethanac Overhead Bridge) This Construction and Maintenance Agreement ("Agreement") is made and entered in as of , 20 _ by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("COMMISSION") and STATE OF CALIFORNIA, acting through its Department of Transportation ("STATE"). COMMISSION and STATE are sometimes referred to herein individually as "Party" and collectively as "Parties". RECITALS A. WHEREAS, COMMISSION is the owner in fee of that certain real property commonly referred to as the San Jacinto Subdivision ("Rail Corridor"). B. WHEREAS, Burlington Northern and Santa Fe Railway Company ("BNSF") has a freight easement for use of the Rail Corridor and is currently responsible for maintenance thereof pursuant to its Shared Use Agreement with COMMISSION. C. WHEREAS, STATE owns, operates, repairs. and maintains the existing Ethanac Overhead Bridges on Interstate 215, Bridge No. 56-0175L and 56-0175R, PUC Crossing No. 002X-22.00-A, (Ethanac Overhead Bridges") which span over State Route 74 ("STATE right of way") and the Rail Corridor pursuant to that certain easement agreement entered into by Atchison, Topeka and Santa Fe Railway Company and STATE as of August 9, 1 961, recorded in Riverside County as document number 1 5045 ("Existing Easement"). D. WHEREAS, COMMISSION wishes to complete work related to median widening of the Ethanac Overhead Bridges ("Project'), as more particularly described in Exhibit "A" as part of a larger Interstate 215 Highway Widening Project. E. WHEREAS, the plans and specifications for Project will be reviewed and approved by BNSF and the STATE, and the plans and specifications for the falsework shall be reviewed upon completion thereof by Commission's contractor and shall be subject to approval by BNSF and COMMISSION's Construction Manager (collectively the "Plans and Specifications"). The plans and specifications for the falsework must be submitted for review and approved by BNSF and COMMISSION prior to 47 commencement of any work on the Project. Parties agree that Project shall be constructed in accordance with the Plans and Specifications F. WHEREAS, pursuant to a separate agreement, COMMISSION shall obtain or shall require its contractor to obtain flagging services for Project work and/or any required maintenance work from BNSF or SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY ("SCRRA"), . G. WHEREAS, upon completion of Project, STATE shall operate, repair and maintain the completed Ethanac Overhead Bridges, and all portions thereof (the "Structure") within State's right of way and over and across COMMISSION's right of way pursuant to the terms and conditions contained in this Agreement. H. WHEREAS, Parties intend, concurrently with execution of this Agreement, to execute certain easements in Javor of the STATE related to the permanent location of Structure on Property (the "Easements"). The Easements, attached hereto as Exhibit "B" provide that the Easements are subject to the terms and conditions contained in this Agreement. I. WHEREAS, Parties wish to enter into this Agreement whereby COMMISSION will grant STATE a license to enter Property for purposes of repair and maintenance of the Structure, all subject to the terms and conditions contained in this Agreement. J. WHEREAS, STATE and COMMISSION have entered into a Cooperative Agreement No. 08-1533 on , 2012, for construction of the above referenced Interstate 21 5 Highway Widening project, including construction of Project over the Rail Corridor (collectively, the "Cooperative Agreement"). K. WHEREAS, except as otherwise specified herein, COMMISSION has prepared the plans and specifications for Project. L. WHEREAS, COMMISSION is the sponsor (as that term is used in the Cooperative Agreement) for construction of Project, and is responsible for construction funding. NOW, THEREFORE, COMMISSION and STATE do hereby agree as follows: 48 • • • • • • AGREEMENT 1. Grant of Easements. Concurrently with execution of this Agreement, Parties shall execute Easements related to the permanent location of Structure on Property. Said Easements shall be recorded against Property, and provide that all repair and maintenance of Structure shall be subject to and conducted pursuant to the terms and conditions of this Agreement. Parties agree that, upon completion of construction of Project, "Property", as that term is used herein, shall refer to that portion of COMMISSION's property as shown on the Easements and in Exhibit "B". The Easements shall cover that portion of the Property not covered under the Existing Easement. 2. Term. The term of this Agreement shall commence on the date first specified above and shall continue in effect for so long as the Easement exists, unless otherwise terminated by mutual consent. This Agreement is subordinate to all prior or future rights and obligations of COMMISSION in Property, except that COMMISSION shall grant no rights inconsistent with the reasonable exercise by STATE of its rights under this Agreement. 3. COMMISSION Obligations Regarding Construction of Project . 3.1 COMMISSION shall provide for and maintain minimum vertical and horizontal clearances as shown in the Plans and Specifications for Project, and in accordance with the Contractor Requirements set forth in Exhibit "B" and the State Bridge/Falsework Clearance Requirements as provided in Exhibit "E", both of which are attached hereto and incorporated herein by reference. 3.2 COMMISSION shall construct Project in a good and workmanlike manner and as shown on the Plans and Specifications. The principal elements of Project work ("Work") are as follows: (a) Construction of Project; (b) All necessary grading and paving, including backfill of excavations and restoration of disturbed vegetation on the Rail Corridor; (c) Provision of suitable drainage, both temporary and permanent; (d) Maintenance of the job site at all times so that it will not present any source of danger to any person or property . 49 (e) Removal of all trash and debris associated with the construction of Project. (f) Job site cleanup to the pre-construction condition to COMMISSION's satisfaction. 3.3 The Work shall be performed by COMMISSION or its contractor(s) in a manner that will not endanger or interfere with the safe and timely operations of the STATE Right of Way or BNSF facilities. 3.4 The Work, including shoring, false work or cribbing used by COMMISSION, shall comply with the BNSF Bridge Requirements, attached hereto as Exhibit "F" and incorporated herein by reference, and all applicable requirements promulgated by state and federal agencies, departments, commissions and other legislative bodies. 3.5 Prior to commencing any work on or about Property, COMMISSION shall require its contractor to provide plans and specifications for the falsework to BNSF and STATE for review and approval. 3.6 The Work shall be performed by COMMISSION contractor(s) in a manner that will not endanger or interfere with and timely operations of , SCRRA or BNSF facilities or trains. or its the safe (a) Prior to the date that SCRRA assumes operations and maintenance responsibility for the corridor, emergency work will be permitted only upon prior notification to BNSF's Network Operations Center (telephone number: 800 832-5452). , (b) Commencing as of the date that SCRRA assumes operations and maintenance responsibility for the corridor, anticipated to start at the middle of 2011, the required notification for emergency work shall be provided to SCRRA {(909) 593-0661 or (888) 446-9715). (c) Parties hereto mutually acknowledge and agree that trains cannot be subject to delay once SCRRA Metrolink Commuter Rail Service commences in late 2012. 3. 7 COMMISSION and its contractors and agents performing work on Property, or any part thereof, shall comply with the insurance requirements specified in Exhibit "D", attached to this Agreement and incorporated herein by reference. COMMISSION is placed on notice that fiber optic, communication and other cable lines, gas, electric, arid/or ·other utilities, and systems (collectively, the "Lines") owned by various telecommunications, electrical, gas, 50 • • • • • • or other companies may be buried on Property. As applicable, the locations of these known Lines have been included on the Plans and Specifications based on available information from the utility companies but all utility locations may not be shown or known. COMMISSION shall be responsible for contacting the utility companies and notifying them of any work that may damage Lines or facilities and/or interfere with their service. As applicable, COMMISSION must also mark all Lines shown on the Plans and Specifications or marked in the field in order to verify their locations. COMMISSION must also use all reasonable methods when working on or adjacent to Property to determine if any other Lines (fiber optic, cable, communication, gas, electric, or otherwise) may exist. (a) COMMISSION shall be responsible for the rearrangement of any facilities or Lines determined to interfere with construction. COMMISSION shall cooperate fully with any impacted utility company(ies) in performing such rearrangements. (b) Failure to mark or identify these Lines is sufficient cause for COMMISSION to stop construction of Project until identification work is completed. 3.8 COMMISSION contractors on Project shall conform with and meet the ConHactor Requirements set forth in Exhibit "B" attached hereto and incorporated herein by reference . 3.9 As may be required by BNSF, prior to performing any work on Project, COMMISSION contractors shall execute BNSF' s most-current standard "Exhibit 'C' -Contractor Requirements" and BNSF's most-current standard "Exhibit 'C-1"'. -Contractor Insurance Requirements. 3.10 COMMISSION shall supervise and inspect the operations of any contractors completing the Work to assure compliance with the Plans and Specifications, the terms of this Agreement and all safety requirements specified herein. 3.11 COMMISSION shall advise BNSF's Manager of Public Projects, in writing of the completion date of Project within thirty (30) days after such completion date. Additionally, COMMISSION shall notify BNSF's Manager of Public Projects, in writing, of the date on which COMMISSION will meet with STATE for the purpose of making final inspection of Project. 3.12 In addition to the working drawings required in Exhibit "B", the COMMISSION shall provide one set of as-built plans (prepared in English Units) to BNSF , as well as one set of computer diskettes containing as-built CAD drawings of Structure and identifying the software used for the CAD drawings. The "as-built plans" must comply with the Bridge Requirements and depict all information in BNSF engineering stationing and mile post 51 pluses. The "as-built plans" must also include plan and profile, structural bridge drawings and specifications, and drainage plans. All improvements and facilities must be shown. 3.13 COMMISSION shall require all of its contractors and agents engaged under contract to perform work on Property, or any part thereof, to include STATE as an indemnified party under COMMISSION's standard contractual indemnification, hold harmless and defense requirements. Each such contract shall also incorporate all applicable material provisions of this Agreement as binding terms contained therein. 4. STATE Rights Regarding Construction. 4.1 STATE shall have the right, in its reasonable discretion, to request any employee or contractor who enters the STATE right of way and because of their incompetence, neglect of duty, unsafe conduct or misconduct and/or because they adversely affected operations on the STATE right of way, be removed from the STATE right of way. In the event Commission elects not to honor such request, STATE may stop work within the STATE right of way until the matter has been fully resolved to STATE's reasonable satisfaction. 4.2 STATE shall have the right to stop construction work on Project if any of the following events take place: (i) Project work is performed in a manner contrary to the Plans and Specifications; (ii) Project work is performed in a manner which is hazardous to the STATE Highway Corridor, facilities or the safe and expeditious movement of traffic; or (iii) the insurance described in the attached Exhibit "D" is canceled during the course of Project. The work stoppage shall continue until all necessary actions are taken to rectify the situation to the reasonable satisfaction of STATE. Any such work stoppage under this provision shall not give rise to any liability on the part of STATE. STATE 's right to stop the work is in addition to any other· rights STATE may have. In the event that STATE desires to stop construction work on Project, STATE agrees to immediately notify the following individual in writing: COMMISSION's Resident Engineer. 5. No Liability of BNSF for Approval of Plans and Specifications. Any approval of the Plans and Specifications by BNSF shall in no way obligate BNSF in any manner with respect to the finished product design and/or construction. Any approval by BNSF shall mean only that the Plans and Specifications meet the subjective standards of BNSF, and such approval by BNSF shall not be deemed to mean that the Plans and Specifications or construction is structurally sound, appropriate or that the Plans and Specifications meet applicable regulations, laws, statutes or local ordinances and/or building codes. 52 • • • • • • 6. Maintenance of Structure by STATE. The operation, repair and maintenance of Structure shall be performed in accordance with the following express conditions, to which STATE covenants and agrees by and for itself, its successors and assigns: 6.1 No additional improvements shall be constructed by STATE and no non-emergency repairs shall be made to Structure or on Property by STATE, its contractors, employees or agents unless plans are approved in writing by COMMISSION. 6.2 STATE, at its sole cost and expense, shall operate, repair and maintain Structure, and all approaches thereto, highway pavement, drainage pipe, highway drainage, lighting and all highway facilities. 6.3 Operation, repair and maintenance of Structure, including, without limitation, any parts of Structure that extend outside of Property, shall be accomplished in such a manner so that it does not interfere with or be a source of danger to: (i) present or future tracks, roadbed, and personal and real property within Property and surrounding area, and (ii) the safe operation of railroad and related activities within Property and surrounding area. 6.4 STATE shall provide COMMISSION with no less thEm thirty (30) days prior written notice of any non-emergency repair work or maintenance work to be performed for Structure, excepting for routine street sweeping. Any work performed for Structure shall not interfere with rail traffic and related activities within Property and surrounding area and must be approved in writing by COMMISSION prior to commencement of any non-emergency repair work, excepting for routine street sweeping. 6.5 STATE shall not, without the express written consent of COMMISSION: (i) place any signs, billboards or advertisements on Structure, other than project monument signs; (ii) erect or construct any building or structures within Property; (iii) park or store any vehicles within Property; or (iv) store any material or permit any activity within Property and surrounding area that in any manner involves or includes combustible, hazardous or toxic material that has the reasonable potential to cause, directly or indirectly, a fire, explosion, implosion or corrosive damage. 6.6 This Agreement does not include any right of STATE to permit third party utilities within Property. Any such right shall be governed by a separate permit or license. 6. 7 Additional STATE Obligations Regarding Maintenance of Structure . 53 (a) STATE shall, at its sole cost and expense, promptly arrange for removal of graffiti, and shall at all times maintain the strength, soundness and safety of Structure. (b) STATE shall maintain the D.O.T. Crossing Number as follows: for North Bound -DOT No. 027313T (PUC Crossing No. 002X- 6.40-A), for South Bound -DOT No. 027314A (PUC Crossing No. 002X- 6.42-A). The D.O.T. Crossing Number shall be maintained in good readable condition in the conspicuous location on Structure where applied by or on behalf of STATE. (c) All work to be conducted pursuant to this Section 6 shall be performed in good and workmanlike manner and all work shall be promptly commenced and prosecuted to conclusion in its logical order and sequence. 6.8 STATE shall notify and obtain prior authorization from BNSF' s Manager of Public Projects before entering the RaiL Corridor for any purpose, if BNSF is· maintaining the Rail Corridor at the time activities are to be performed. 6.9 STATE shall notify and obtain prior authorization from the Manager of Public Projects for SCRRA before entering the Rail Corridor for any purpose, if SCRRA is maintaining the Rail Corridor at the time activities are to be performed. 6.10 Prior to permitting any contractor or agent of STATE to enter into the Rail Corridor pursuant to this Section 6, STATE shall require such contractor or agent to comply with the insurance requirements set forth in Exhibit "D" or as otherwise required by COMMISSION. STATE shall ensure that evidence satisfactory to COMMISSION of such compliance, including ,submission to COMMISSION of any required insurance certificates and/or endorsements, has been provided. 6.11 STATE shall require all of its contractors and agents engaged under contract to perform work on Property, or any part thereof, to include COMMISSION as an indemnified party under STATE's standard contractual indemnification, hold harmless and defense requirements. Each such contract shall also incorporate all applicable material provisions of this Agreement as binding terms contained therein. 6.12 COMMISSION shall have the right, but not the obligation, to request any employee or contractor of STATE who enters the Rail Corridor and because of their incompetence, neglect of duty, unsafe conduct or 54 • • • • • • misconduct and/or because they adversely affected operations within the Rail Corridor, be removed from the Rail Corridor. 7. Liens. Except as may result from an act or omission of COMMISSION related to Project, including any obligation of COMMISSION under the Cooperative Agreement, STATE shall not permit to be placed against Property, or any part thereof, any design professionals', mechanics', materialmen's contractors' or subcontractors' liens with regard to STATE's actions upon Property. STATE agrees to hold COMMISSION harmless for any loss or expense, including reasonable attorneys' fees and costs, arising from any such liens which might be filed against Property. 8. Indemnification. PURSUANT TO CALIFORNIA government CODE SECTION 14662.5, STATE HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS COMMISSION FROM, AND TO REPAIR OR PAY FOR, ANY DAMAGE PROXIMATELY CAUSED BY REASON OF THE USES AUTHORIZED BY THIS AGREEMENT .AND THE EASEMENTS. To the fullest extent permitted by law, STATE hereby releases, indemnifies, defends and holds harmless COMMISSION, its successors, assigns, legal representatives, officers, directors, employees, agents and representatives for, from and against any and all claims, liabilities, fines, penalties, costs, damages, losses, liens, causes of action, suits, demands, judgments and expenses (including, without limitation, court costs and attorneys' fees) of any nature, kind or description of any person (including, without limitation, the employees of the parties hereto) or entity directly or indirectly arising out of, resulting from or related to (in whol-e or in part) (i) the use, occupancy or presence of STATE, its contractors, subcontractors, employees or agents in, on, or about the construction site, (ii) the performance, or failure to perform by the STATE, its contractors, subcontractors, employees, or agents, its work or any obligation under this Agreement, (iii) the sole or contributing acts or omissions of STATE, its contractors, subcontractors, employees, or agents in, on, or about the construction site, (iv) STATE's breach of this Agreement or the Easements, (v) any rights or interests granted to STATE pursuant to this Agreement or the Easements (vi) STATE's occupation and use of RCTC's property or right-of-way, including, without limitation, subsequent maintenance of Structure by STATE, or (vii) an act or omission of STATE or its officers, agents, invitees, employees or contractors or anyone directly or indirectly employed by any of them, or anyone they control or exercise control over. THE LIABILITY ASSUMED BY STATE WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DAMAGE, DESTRUCTION, INJURY OR DEATH WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF COMMISSION, ITS AGENTS, SERVANTS, EMPLOYEES OR . OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE 55 PROXIMATELY CAUSED BY THE WILLFUL MISCONDUCT OR SOLE NEGLIGENCE OF COMMISSION. 9. Assumption of Risk and Waiver. To the maximum extent allowed by law, STATE assumes any and all risk of loss, damage or injury of any kind to any person or property, including without limitation, Structure, STATE's property and any other property of, or under the control or custody of, STATE, which is on or near Property. STATE's assumption of risk shall include, without limitation, loss or damage caused by defects in any structure or improvement on or near Property including Structure, accident or fire or other casualty on or near Property, or electrical discharge, and noise or vibration resulting from COMMISSION's or BNSF's transit operations on or near Property. The term "COMMISSION" as used in this section shall include: (i) any transit or rail-related company operating upon or over COMMISSION's tracks or other property, and (ii) any other persons or companies employed, retained or engaged by COMMISSION. STATE, on behalf of itself and its Personnel, as a material part of the consideration for this Agreement, hereby waives all claims and demands against COMMISSION for any such loss, damage or injury of STATE and/or its Personnel. In that connection, STATE waives, for itself and its Personnel, the benefit of California Civil Code Section 1542, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. The provisions of this section and of Section 8 and 1 0 shall survive the termination of this Agreement. As used in this section, "Personnel" means STATE, or its officers, directors, affiliates, or anyone directly or indirectly employed by STATE or for whose acts STATE is liable. Further, STATE ACCEPTS PROPERTY IN ITS "AS IS" CONDITION, WITH ALL FAULTS. STATE acknowledges and agrees that STATE is entering Property under this Agreement based on STATE's own investigations and knowledge of Property and that, except as otherwise specifically stated in this Agreement, neither COMMISSION nor any agent of COMMISSION, has made any-representation or warranty whatsoever, express or implied, with regard to the physical condition of Property or the suitability of Property for any particular purpose or use, including; without limitation, any representations or warranties regarding the applicability or non-applicability of any laws, the soil or subsoil, surface or subsurface conditions, topography, possible hazardous substances contamination, fill, drainage, access to public roads, availability of utilities, existence of underground 56 • • • • • • storage tanks, applicability of or compliance with any environmental laws or any other matter of any nature whatsoever. 10. Defense. Upon written notice from COMMISSION, STATE agrees to assume the defense of any lawsuit, administrative action or other proceeding brought against COMMISSION by any public body, individual, partnership, corporation, or other legal entity, relating to any matter covered by this Agreement for which STATE has an obligation to assume liability for and/or to indemnify or save and hold harmless COMMISSION. STATE shall pay all the costs incident to such defense, including, but not limited to, attorneys' fees, investigators' fees, litigation expenses, settlement payments, and amounts paid in satisfaction of judgments. Any and all lawsuits or administrative actions brought or threatened on any theory of relief available at law, in equity or under the rules of any administrative agency shall be covered by this section, including, but not limited to, the theories of intentional misconduct, negligence, breach of statute or ordinance, or upon any theory created by statute or ordinance, state or federal. 11 . Compliance with Laws/Permits. STATE shall, in all activities undertaken pursuant to this Agreement, comply and cause its contractors, agents and employees to comply with all federal, state and local laws, statutes, orders, ordinances, rules, regulations, plans, policies and decrees . Without limiting the generality of the foregoing, STATE, at its sole cost and expense, shall obtain any and all permits which may be required by any law, regulation or ordinance for any activities STATE desires to conduct or have conducted pursuant to this Agreement. 12. Inspection. COMMISSION and its representatives, employees, agents or independent contractors may enter and inspect Property or any portion thereof or any improvements thereon at any time and from time to time at reasonable times to verify STATE's compliance with the terms and conditions of this Agreement. 13. Default and Remedies. If STATE fails to fulfill any material obligation of STATE under this Agreement, COMMISSION may give written .notice to STATE of such failure, and in the event that STATE fails to remedy such failure within thirty (30) calendar days following receipt of such notice, or if such remedy cannot reasonably be CO!Jlpleted within thirty (30) days, to commence such remedy within said time period and to diligently complete such remedy within a reasonable period of time, COMMISSION may, at its option, and in addition to any other available legal or equitable remedy, perform such work itself as it deems necessary for the safe operation of uses on Property. In such event, STATE agrees to pay, within forty five (45) days after a bill is rendered therefor, the cost so incurred by COMMISSION. However, failure on the part of COMMISSION to perform the obligations of 57 STATE shall not release STATE from liability hereunder for any loss or damage occasioned thereby. 14. Not Real Property Interest. It is expressly understood that this Agreement does not in any way whatsoever grant or convey any permanent easement, lease, fee or other interest in Property to STATE. This Agreement is not exclusive and COMMISSION specifically reserves the right to grant other rights of entry within the vicinity of Property. 15. Attorneys' Fees. In the event of a dispute between Parties with respect to the terms or conditions of this Agreement, the prevailing Party shall be entitled to collect from the other its reasonable attorneys' fees and costs as established by the judge or arbitrator presiding over such dispute. ·16. Revocation and Termination. It is the intent of Parties that this Agreement for continued maintenance of Structure granted herein shall continue and remain in full force and effect so long as the Easements are in effect. Notwithstanding any improvements made by STATE to Property or any sums expended by STATE in furtherance of this Agreement, this Agreement is revocable and may be terminated by COMMISSION upon relinquishment of the Easements. 17. Restoration of Property. Upon the termination or revocation of this Agreement, at COMMISSION's option, to be exercised in writing, STATE shall be required to either 1) leave Structure in good operating condition and shall relinquish title of Structure to COMMISSION; or 2) STATE shall, at its own cost and expense, remove Structure and restore Property to the same condition in which it was prior to STATE's entry. In case ST A T.E shall fail to commence restoration of Property to its prior condition within ten ( 1 0) business days after the effective date of the termination and to diligently pursue completion of such restoration, COMMISSION may proceed with such work at the expense of STATE. 18. Continuing Liability. No termination of this Agreement shall release STATE from any liability or obligation hereunder resulting from any acts, omissions or events happening prior to the termination of this Agreement and restoration of Property and/or transfer of Structure. 19. Notice. Any notice provided pursuant to or required by this • Agreement shall be in writing and shall be deemed sufficiently provided when sent by certified mail, return receipt requested, to Parties at the following addresses: 58 • • • • • • COMMISSION: BNSF: · STATE: Riverside County Transportation Commission 4080 Lemon Street, Third Floor Riverside, California 92502-7141 Attn. Director of Rail Projects Fax: (951) 787-7906 BNSF Railway Company Manager of Public Projects 7 40 E. Carnegie Drive San Bernardino, CA. 92408 Email: Melvin.Thomas@bnsf.com BNSF Railway Company Assistant Director Structural Engineering 451 5 Kansas A venue Kansas City, KS 661 06 Email: Donald. Lozano@bnsf .com State of California Department of Transportation Division of Right of Way - Railroad Agreements 1120 N. Street, MS 37 Sacramento, CA 95814 20. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. 21 . Third Party Beneficiaries. BNSF shall be a third party beneficiary as to Sections 3.3, 3.11, 3.14, 3.15, 5, and Section 6.8 of this Agreement. SCRRA shall be a third party beneficiary as to Section 6.9 of this Agreement. Except as specified in .the foregoing, there are no third party beneficiaries, and this Agreement is not intended, and shall not be construed to be for the benefit of, or be enforceable by, any other person or entity whatsoever. 22. Severability. If any term, covenant, condition or provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, covenants, conditions, or provisions of this Agreement; or the application thereof to any person or 59 circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. 23. Captions. The captions included m this · Agreement are for convenience only and in no way define, limit, or otherwise describe the scope or intent of this Agreement or any provision hereof, or in any way affect the interpretation of this Agreement. 24. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 25. Assignment. Except as required by law, this Agreement and the rights granted herein are personal to STATE. STATE shall not assign or transfer (whether voluntary or involuntary) this Agreement in whole or in part, or permit any other person or entity, except as provided by law, to use the rights or privileges hereby conveyed, witho.ut the prior written consent of COMMISSION, which may be withheld in COMMISSION's sole and absolute discretion. Any attempted act in violation of this section shall be void and without effect and give COMMISSION the right to immediately terminate this Agreement. 26. Waiver of Covenants or Conditions. Waiver by COMMISSION of the performance of any covenant or condition under this Agreement shall not invalidate this Agreement nor shall it be considered a waiver by it of any other covenant or condition under this Agreement. 27. Entire Agreement. This Agreement, the attached exhibits and any other documents specifically referenced and incorporated herein constitute the entire agreement between Parties with respect to the subject matter hereof, and supersede all prior verbal or written agreements and understandings between Parties with respect to the matters addressed in this Agreement. 27. Recitals. The Recitals set forth above are incorporated herein by reference. [Signatures on following page] 60 • • • • • • SIGNATURE PAGE TO CONSTRUCTION AND MAINTENANCE AGREEMENT (Box Springs Overhead Bridge) IN WITNESS WHEREOF, Parties hereto have executed this Agreement on the date first written above. RIVERSIDE COUNTY TRANSPORTATION COMMISSION By: Anne Mayer, Executive Director APPROVED AS TO FORM: By: Best Best & Krieger LLP Counsel to the Riverside County Transportation Commission 61 STATE OF CALIFORNIA, DEPT. OF TRANSPORTATION By: By: Donald E. Grebe, Chief Office of Project Delivery Division of Right of Way and Land Surveys Attorney, Department of Transportation APPROVAL RECOMMENDED: By: Denny Fong, P.E., Railroad Agreements Engineer EXHIBIT "A" • DESCRIPTION OF "PROPERTY" SUBJECT TO LICENSE DURING PROJECT CONSTRUCTION [Attached behind this page] • Exhibit A • 17336.01900\7383695.1 62 • • • EXHIBIT "B" CONTRACTOR REQUIREMENTS As part of this Agreement, COMMISSION agrees to require all of its contractors and agents to conform to the following requirements, and to comply with the insurance requirements set forth in Exhibit "D": 1 . General Provisions For any falsework above any tracks or any excavations located within twenty-five (25) feet of the nearest track or intersecting a slope from the plane of the top of rail on a 1 horizontal to 1 vertical slope beginning at eleven ( 11 ) feet from centerline of the nearest track, whichever is greater, both measured perpendicular to center line of track, Contractor shall furnish COMMISSION five (5) sets of working drawings showing details of construction affecting COMMISSION's Property. The working drawings shall include the proposed method of installation and removal of falsework, shoring or cribbing, not included in the contract plans, and two (2) sets of structural calculations of any falsework, shoring or cribbing. All calculations shall take into consideration railway surcharge loading and shall be designed to meet American Railway Engineering and Maintenance-of-Way Association (previously known as American Railway Engineering Association) Coopers E- 80 live loading standard. All drawings and calculations shall be stamped by a registered professional engineer licensed to practice in California. Contractor shall not begin work until notified by COMMISSION that plans have been approved. Contractor shall be required to use filling devices such as cranes and/or winches to place or to remove any falsework over COMMISSION's tracks. In no case shall Contractor be relieved of responsibility for results obtained by the implementation of said approved plans. 2. Contractor Requirements (a) Contractor shall take protective measures as are necessary to keep railway facilities, including track ballast, free of sand, debris, and other foreign objects and materials resulting from his operations. (b) Contractor shall notify COMMISSION, as required herein, and provide blasting plans to COMMISSION for review seven (7) calendar days prior to conducting any blasting operations adjacent to or on COMMISSION's Property. (c) In addition to any the vertical and horizontal clearance requirements contained in Exhibit "E", STATE and its contractors or agents shall abide by the following clearances during construction: Exhibit B-1 17336.01900\7383695.1 63 o 27' -0" Vertically above top of rail for electric wires carrying less than 750 volts o 28' -0" Vertically above top of rail for electric wires carrying 750 volts to 15,000 volts 3(Y-O" Vertically above top of rail for electric wires carrying 15,000 volts to 20,000 volts . o 34' -0" Vertically above top of rail for electric wires carrying more than 20,000 volts (d) The details of construction affecting COMMISSION's Property not included in the contract plans shall be submitted to COMMISSION for approval before work is undertaken and this work shall not be undertaken until approved by COMMISSION. (e) At other than public road crossings, Contractor shall not move any equipment or materials across COMMISSION's tracks until permission has been obtained from COMMISSION. The Contractor shall obtain a "Temporary Private Crossing Agreement" from COMMISSION prior to moving his equipment or materials across COMMISSION's tracks. The temporary crossing shall be gated and locked at all times when not required for use by Contractor. The temporary crossing for use of Contractor shall be at the expense of Contractor. (f) Discharge, release or spill on COMMISSION's Property of any hazardous substances in excess of a reportable quantity or any hazardous waste is prohibited and Contractor shall immediately notify COMMISSION of any discharge, release or spills. Contractor shall not allow COMMISSION's Property to become a treatment, storage facility as those terms are defined in the applicable federal and state law. (g) Upon completion of the work covered by the Agreement, Contractor shall promptly remove from COMMISSION's Property all of Contractor's tools, equipment, implements anti other materials, whether brought upon said property by said Contractor or any subcontractor, employee or agent of Contractor or of any subcontractor. and shall cause COMMISSION's Property to be left in a condition acceptable to COMMISSION. 3 . Contractor Safety Action Plan Contractorshall develop and implement a safety action plan which shall be made available to COMMISSION prior to commencement of any work on COMMISSION's Property. During performance of work, Contractor shall audit Exhibit B-2 17336.01900\7383695.1 64 • • • • • • it's compliance with the Safety Action Plan. Contractor shall designate an on-site representative who shall serve as the contact person for COMMISSION and who shall maintain a copy of the safety action plan and subsequent audits at the job site for inspection and review by COMMISSION at any time during performance of the work. 4. Protection of COMMISSION Facilities and Activities Performed on COMMISSION's Property Contractor shall give a minimum of fifteen (15) working days notice to COMMISSION and to The Burlington Northern And Santa Fe Railway Company ("BNSF") at (909) 386-4061 in advance of when flagging services will be required. 5. Contractor General Safety Requirements {a) ·Work in the proximity of railway track(s) is potentially hazardous where movement of trains and equipment can occur at any time and in any direction. All work performed by contractors within 25 feet of any track shall be in compliance with FRA Roadway Worker Protection Regulations. {b) Before beginning any task on COMMISSION's Property, a thorough job safety briefing . shall be conducted with all personnel involved with the task and repeated when the personnel or task changes. If the task is within 25 feet of any track, the job briefing must include the BNSF's flagger and include the procedures the Contractor will use to protect its employees, subcontractors, agents or invitees from moving any equipment adjacent to or across any COMMISSION track(s). Any work within 25 feet of the railroad tracks requires a railroad flagger to be present. (c) Workers shall not work nearer than 25 feet to the centerline of any track without proper flag/work protection, unless the track is protected by track bulletin and work has been authorized by COMMISSION. If flag/work protection is provided, every contractor employee must know: (1) who the flagger is, and how to contact the flagger, (2) limits of the flag/work protection, (3) the method of communication to stop and resume work, and (4) entry into flag/work limits when designated. Men or equipment entering flag/work limits that were not previously job briefed, must notify the flagger immediately, and be given a job briefing if working at less than 25 feet from center line of track. (d) When Contractor's employees are required to work on COMMISSION's Property after normal working hours or on weekends, COMMISSION must be notified. A minimum of two employees shall be present during such times . Exhibit B-3 17336 0190017383695.1 65 (e) Any Contractor employee, its subcontractors employee, agents or invitees under suspicion of being under the influence of drugs or alcohol, or in the possession of same, may be removed from COMMISSION's Property and subsequently released to the custody of a representative of Contractor management. Future access to COMMISSION's Property by that employee will be denied. (f) Any damage to COMMISSION's Property, or any hazard noticed on passing trains, shall be reported immediately to COMMISSION. Any vehicle or machine which may come in contact with a track, signal equipment, or structure (bridge) that could result in a train derailment and shall be reported by the quickest means possible to COMMISSION. (g) All persons are prohibited from having a pocket knife with blade in excess of three (3) inches, firearms or other deadly weapons in their possession while working on COMMISSION's Property. All personnel protective equipment used on COMMISSION's Property shall meet applicable OSHA and ANSI specifications. (h) Contractor shall not pile or store any materials, machinery or equipment closer than 25'-0" to the center line of the nearest COMMISSION track. At highway/rail at-grade crossings materials, machinery or equipment shal.l not be stored or left temporarily which interferes with the sight distances of motorists approaching the crossing. Prior to beginning work, Contractor will establish any storage area with concurrence of COMMISSION. (i) Machines or vehicles must not be left unattended with the engine running. Parked machines or equipment must be in gear with brakes set and if equipped with blade, pan or bucket, they must be lowered to the ground. All machinery and equipment left unattended on COMMISSION's Property must be lets inoperable and secured against movement. (j) Workers must not create and leave any conditions at the work site that would interfere with water drainage. Any work performed over water shall meet all Federal, State and Local regulations. (k) All power line wires must be considered dangerous and of high voltage unless informed to the contrary by proper authority. For all power lines the minimum clearance between the lines and any part of the equipment or load shall be; 200 KV or below -15 feet, 200 to 350 KV -20 feet, 350 to 500 KV -25 feet, 500 to 750 KV -35 feet, 750 to 1000 KV - 45 feet and if capacity of the line is not known, minimum clearance of 45 feet must be maintained. A person shall be designated to observe clearance of the equipment and give a timely warning for all operations where it is difficult for an operator to maintain the desired clearance by visual means. Exhibit B-4 J 7336.01900\7383695 .I 66 • • • • • • 6. Excavation (a) Before excavating, it must be ascertained by Contractor if there are any underground pipe lines, electric wires, or cables, including fiber optic cable systems that either cross or run parallel with the track which are located within the work area. Excavating on COMMISSION's Property could result in damage to buried cables resulting in delay to traffic, including disruption of service to users resulting in business interruptions involving loss of revenue and profits. Before any excavation commences, Contractor must contact COMMISSION. All underground and overhead wires must be considered HIGH VOLTAGE and dangerous until verified with the company having ownership of the line. It is also Contractor's responsibility to notify any other companies that have underground utilities in the area and arrange for the location of all underground utilities before excavating. (b·) Contractor must cease all work and COMMISSION must be notified immediately before continuing excavation in the area if obstructions are encountered that do not appear on drawings. If the obstruction is a utility, and the owner of the utility can be identified, then the owner should also be notified immediately. if there is any doubt about the location of underground cables or lines of any kind, no work will be performed until the exact location has been determined. There will be no exceptions to these instructions. (c) All excavations shall be conducted in compliance with applicable OSHA regulations and regardless of depth shall be shored where there is any danger to tracks, structures or personnel. (d) Any excavations, holes or trenches on COMMISSION's Property must be covered, guarded and/or protected when not being worked on. When leaving work site areas at night and over weekends, the areas must be secured and left in a condition that will ensure that COMMISSION employees and other personnel who may be working or passing through the area are protected from all hazards. All excavations must he back filled as soon as possible. 7. Hazardous Waste, Substances and Material Reporting If Contractor discovers any hazardous waste, hazardous substance, petroleum or other deleterious material, including but not limited to any non- containerized commodity or material, on or adjacent to COMMISSION's Property, in or near any surface water, swamp, wetlands or waterways, while performing .any work under this Agreement, Contractor shall immediately: (a) notify COMMISSION of such discovery; (b) take safeguards necessary to protect its employees, subcontractors, agents and/or third Exhibit B-5 17336.01900\7383695.1 67 parties; and (c) exercise due care with respect to the release, including the taking of any appropriate measure to minimize the impact of such release. 8. Personal Injury Reporting Any personal injury sustained by an employee of the Contractor, subcontractor or Contractor's invitees while on COMMISSION's Property must be reported immediately (by phone mail if unable to contact in person) to COMMISSION no later than the close of shift on the date of the injury. Exhibit B-6 I 7336.01900\7383695.1 68 • • • • • • EXHIBIT "C" SCOPE OF WORK Project Plans On Following Pages Exhibit C 17336.01900\7383695.1 69 • • • EXHIBIT "D" INSORANCE STATE is self insured for all policies specified below, except Railroad Protective Liability coverage, and maintains self insured coverage in the amounts required herein. STATE shall require any consultant or contractor entering Property on its behalf ("Contractor"} to obtain insurance of the types and in the amounts described below and satisfactory to COMMISSION. A. Commercial General Liability Insurance. Contractor shall maintain occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less then $5,000,000 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two times the occurrence limit. Such insurance shall: 1. Include COMMISSION and, if required by COMMISSION, the Southern California Regional Rail Authority and their officials, officers, employees, agents, and consultants as insureds with respect to the construction of the Box Springs Overhead B~idge and Property and shall contain no special limitations on the scope of coverage or the protection afforded to these insureds; 2. Be primary with respect to any insurance or self- insurance programs covering COMMISSION, its officials, officers, employees, agents and consultants; and 3. Contain standard separation of insured provisions. B. Automobile Liability. Contractor shall maintain automobile liability insurance with coverage that shall be at least as broad as the latest version of the Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto) in an amount of no less than $1,000,000 per accident for bodily injury and property damage. Such insurance shall: 1. Include COMMISSION, and if required by COMMISSION, the Southern California Regional Rail Authority and their officials, officers, employees, agents, and consultants as insureds with respect to the construction of the Box Springs Overhead Bridge and Property and shall contain no special limitations on the scope of coverage or the protection afforded to these insureds; 2. Be primary with respect to any insurance or self-insurance programs covering COMMISSION, its officials, officers, employees, agents and consultants; and Exhibit D-1 17336.01900\7383695 I 70 3. Contain standard separation of insured provisions. C. Railroad Protective Liability. STATE shall, in connection with any construction activities undertaken with respect to the construction of the Box Springs Overhead Bridge either directly by STATE or by its contractors, acquire and keep in force during the period of such construction, railroad protective liability insurance with a combined single limit of $2,000,000 and a general aggregate of $6,000,000. COMMISSION and Southern California Regional Rail Authority shall be named insureds under such policy, and their officials, officers, employees, agents, and consultants shall be named as additional insureds. STATE shall require Contractor to comply with the foregoing requirements prior to commencing any Project work. D. Workers' Compensation Insurance. Contractor shall maintain workers' compensation insurance with statutory limits and employers' liability insurance with limits of not less tha~ $1 ,000,000 each accident. E. Pollution Liability . Insurance. If Project work involves any hazardous materials, STATE or Contractor shall maintain pollution liability insurance in the amount of no less than one million dollars ($1 ,000,000.00). Such insurance, if required, shall include COMMISSION and, if required by COMMISSION, the Southern California Regional Rail Authority and their officials, officers, employees, agents, and consultants as insureds with respect to the construction of the Box Springs Overhead Bridge and Property and shall contain no special limitations on the scope of coverage or· the protection afforded to these insureds. The limit of STATE's required coverage is not less than one million dollars ($1 ,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. F. Certificates of Insurance. Contractor shall, prior to entering PropE:rty, furnish COMMISSION with properly executed certificates of insurance and, if requested by COMMISSION, certified copies of endorsements and policies, which clearly evidence all· insurance required under this Agreement and provide that such insurance shall-be not canceled, allowed to expire or be materially reduced in coverage, except on thirty (30) days' prior written notice to COMMISSION. The . certificate shall also evidence the insurer's knowledge of the proximity of the operations of STATE to active railroad tracks. COMMISSION shall have the sole discretion to determine whether the certificates and endorsements presented comply with the provisions of this Agreement. G. Coverage Maintenance. Contractor shall replace certificates, policies and endorsements for any insurance expiring prior to the termination of this Agreement. Unless otherwise provided for in this Agreement, STATE Exhibit D-2 17336.01900\7383695.1 71 • • • • • • shall maintain such insurance from the execution of this Agreement until the construction of the Box Springs Overhead Bridge are complete and Property fully restored, except as otherwise provided in this Agreement. H. Licensed Insurer. Contractor shall place such insurance with insurers having A.M. Best Company ratings of no less than A:VIII and licensed to do business in California, unless otherwise approved, in writing, by COMMISSION. I. COMMISSION Right to Increase Coverage Limits. Following completion of construction of Project, COMMISSION shall have the right, in its sole discretion, upon prior written notice to STATE, to increase the insurance coverage requirements specified herein . Exhibit D-2 17336.01900\7383695.1 72 • • • EXHIBIT "E" STATE BRIDGEIFALSEWORK CLEARANCE REQUIREMENTS The term "Structure", as used herein, shall refer to the completed Box Springs Overhead Bridge, and all portions thereof, as widened pursuant to Project Plans and Specifications. Temporary construction clearances must be no less than 15 feet measured horizontally from the centerline of the nearest track and 21 feet-6 inches measured vertically from the top of rail of the most elevated track to the bottom of lowest temporary falsework member. Prior to commencement of work, California Public Utilities Commission (CPUC) approval shall be obtained for all work less than the CPUC's minimum requirement of 22 feet, six inches vertically from the top of the most elevated rail to the bottom of the lowest falsework for temporary structures. For the completed Structure, STATE has submitted. plans showing the least horizontal distance from the centerline of existing and future tracks to the face of the nearest member of the proposed Structure. The location of the least horizontal distance has been accurately described such that BNSF was able to determine where it will occur in both the horizontal and vertical plane. If the permanent Structure is within 25 feet of the nearest track (or future track), collision walls shall be incorporated into the permanent Structure design according to American Railway Engineering and Maintenance Association Manual of Recommended Practice -Chapter 8 - Article 2.1.5. For the permanent Structure, STATE has submitted plans showing tbe least vertical clearance from top of the most elevated rail of existing and future tracks to the lowest point of the proposed Structure. A profile of the existing top of rail elevation shall be plotted on the bridge plans. The profile shall extend for 500 feet in each direction of the proposed overpass and a separate profile shall be plotted for each track. If the existing top of rail profile(s} is not uniform such that a sag exists in the vicinity of the proposed Structure, the permanent Structure vertical clearance shall be increased sufficiently to accommodate a raise in the track profile to remove the sag. Prior to beginning construction of the permanent Structure, the top of rail elevations should be checked and verified that they have not changed from the assumed elevations utilized for the design of the bridge. During construction, COMMISSION may require an independent engineering inspector to be present during certain critical activities of Project, including but not limited to: driving foundation piles, erecting falsework, Exhibit E-1 17336.0!900\7383695. I 73 construction of shoring and retarnrng walls, placing concrete, placing soil back.fill and compaction processes. Nothing in the foregoing shall obligate the COMMISSION to provide such inspector, and COMMISSION shall have no liability for the work completed by or on behalf of STATE, regardless of any inspection or lack thereof provided by or on behalf of COMMISSION . Exhibit E-1 17336.01900\7383695.1 74 • • • • • • Agreement No. 12-31-082-00 EXHIBIT "F" BNSF BRIDGE REQUIREMENTS BRIDGE DESIGN, PLANS & SPECIFJCA TJONS: Except for the design of temporary falsework and shoring, BNSF review of the Structure plans will be limited to the vertical and horizontal clearances, sight distance for existing train signals, foundation dimensions and drainage characteristics as they relate to existing and future tracks. BNSF will not review structural design calculations for the permanent Structure unless a member or members are influenced by railroad live loads. Temporary falsework and shoring plans and calculations must be reviewed and approved by BNSF prior to beginning construction. The Agency shall perform an independent review of the design calculations for temporary falsework and shoring prior to submitting them to BNSF for approval. Temporary construction clearances must be no less than 15 feet measured horizontally from the centerline of the nearest track and 21 feet-6inches measured vertically from the top of rail of the most elevated track to the bottom of lowest temporary falsework member. State regulatory agencies may have more restrictive requirements for temporary railroad clearances. For the permanent Structure, the Agency will submit plans showing the least horizontal distance from the centerline of existing and future tracks to the face of the nearest member of the proposed Structure. The location of the least horizontal distance must be accurately described such that BNSF can determine where it will occur in both the horizontal and vertical plane. If the permanent member is within 25 feet of the nearest track (or future track), collision walls shall be incorporated into the permanent Structure design according to American Railway Engineering and Maintenance Association Manual of Recommended Practice-Chapter 8-Article 2.1.5. For the permanent Structure, the Agency will submit plans showing the least vertical clearance from top of the most elevated rail of existing and future tracks to the lowest point of the proposed Structure. A profile of the existing top of rail elevation shall be plotted on the bridge plans. The profile shall extend for 500 feet in each direction of the proposed overpass and a separate profile shall be plotted for each track. If the existing top of rail profile(s) is not uniform such that a sag exists in the vicinity of the proposed Structure, the permanent ~tructure vertical clearance shall be increased sufficiently to accommodate a raise in the track profile to remove the sag. Prior to beginning construction of the permanent Structure, the top of rail elevations should be checked and verified that they have not changed from the assumed elevations utilized for the design of the bridge. Prior to issuing any invitation to bid on construction of the Structure, the Agency should conduct a pre-bid meeting where prospective Contractors have the opportunity to communicate with BNSF personnel regarding site specific train speeds, train density, and general safety requirements for men and equipment working near live tracks. Any invitation to bid and specifications for the Structure must be submitted to BNSF for review and approval prior to letting of bids for the Project. BRIDGE CONSTRUCTION: 75 After awarding the bid, but. prior to the Contractor entering BNSF's right-of -way or property, the Agency should conduct a pre-construction meeting with BNSF personnel in attendance to reiterate the safety requirements of construction activity adjacent to live tracks. During construction, BNSF may require an independent engineering inspector to be present during certain critical activities of the Project, including but not limited to: driving foundation piles, erecting falsework, construction of shoring and retaining walls, placing concrete, placing soil backfill and compaction processes. The Agency shall reimburse BNSF for all costs of supplemental inspection services. Within 90 days of the conclusion of the Project and final acceptance by BNSF, the Agency will provide BNSF with a complete electronic set of the bridge plans labeled "As Built". Those plans will reflect any and all deviations from the original plans that occurred during construction. The "As Built" plans will be submitted in Micro Station * .dgn electronic format (preferred) or AutoCAD * .dwg format. Electronic plans are to be submitted in the original format used for CAD plan preparation and not converted to another format prior to submission. Actual measured "as constructed" clearances shall be shown as well as depth, size and location of all foundation components. The plans shall show dimensioned locations of existing and relocated utilities. BRIDGE MAINTENANCE: The Agency will be responsible· for maintenance and repair of the Structure including the earth retention components, embankment slopes, erosion control, surface drainage, fencing, deck drains, landscaping, paint, walkways, handrails, lighting, and other improvements associated with the Project. Fencing and other pedestrian access controls within BNSF's right-of-way and incorporated into the Project shall be designed and maintained by the Agency. , Trespasser control shall be the responsibility of the Agency. Graffiti removal will be the responsibility of the Agency. BRIDGE INSPECTION: The Agency will conduct annual routine structural inspections. In the event of an earthquake, fire, flood, damage from vehicular impacts or other emergent situations, the Agency will provide an immediate inspection by qualified personnel and notifY BNSF of damage that may affect safe passage of trains. If necessary the Agency will embargo weights or provide lane closures or other such measures to protect the structural integrity of the Structure such that there can be continuous safe passage of trains until repairs are made. Exhibit F-2 I 7336.01900\7383695. I 76 • • • • • • BRIDGE ALTERATIONS: Except as provided otherwise by this Agreement, there will be no alterations made to the Structure that will alter the railroad vertical or horizontal clearances provided by the original design. Pipelines will be not be added or attached to the Structure without first submitting plans and calculations to BNSF for review and approval. Exhibit F-3 17336.01900\7383695.1 77 • • • 17336.01900\7383695.1 EXHIBIT "G" EASEMENTS [Attached behind this page] Exhibit G 78 • • • EXHIBIT "H" LEGAL DESCRIPTION OF PROPERTY SUBJECT TO AERIAL AND FOOTING EASEMENT FOR STRUCTURE [Attached behind this page] Exhibit H 17336.01900\73836951 79 • • • RIVERSIDE COUNTY TRANSPORTATION COMISSION Agreement No. 12-31-084-00 UTILITY AGREEMENT DISTRICT 08 COUNTY Riverside POST MILE 14.2/28.5 EA OF162 FEDERAL AID NUMBER N/A OWNER'S PLAN NUMBER City of Perris Water Improvement Plan FEDERAL PARTICIPATION On the project ~ YES 0 NO On the Utilities 0 YES ~ NO UTILITY AGREEMENT NO. 22709 DATE The Riverside County Transportation Commission (RCTC), in conjunction with Caltrans, is developing plans for improving the existing State Route 215 freeway from Scott Road to Nuevo Road. Proposed construction includes widening Route 215 from two to three lanes in each direction, widening under crossings and replacing the Perris Boulevard overcrossing and the "D" Street On-Ramp overcrossing in the City of Perris. And City of Perris-101 North "D" Street, Perris, CA 92570-1998 • Hereinafter called "OWNER," owns and maintains water pipeline facilities within the limits of RCTC project, which requires relocation of said facility. The facilities in conflict are within Perris Boulevard, which will be widened and rebuilt. It is hereby mutually agreed that: I. WORK TO BE DONE In accordance with Notice to Owner No. 22709 dated March 15, 2012, OWNER shall review, revise, approve and accept RCTC's consultant-prepared utility relocation plans and coordinate its utility relocation construction inspection activities with RCTC's Resident Engineer. RCTC's Contractor shall relocate OWNER's water pipeline facilities as shown on OWNER'S plan "City of Perris W-ater Improvement Plan" dated 3/13/12, which plans are included in RCTC's Contract Plans for the improvement of State Route 215, EA OF162 which by this reference are made a part hereof. Deviations from the OWNER's plan described above initiated by either the RCTC or the OWNER, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by RCTC and agreed to/acknowledged by the OWNER, will constitute an approved revision of the OWNER's plan described above and are hereby made a part hereof. No work under said deviation shall commence prior to written execution by the OWNER of the Revised Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in addition to the revised Notice to Owner. OWNER shall have the right to inspect the work by RCTC contractor during construction. Upon completion of the work by RCTC, OWNER agrees to accept ownership and maintenance of the constructed facilities and relinquishes to RCTC ownership of the replaced facilities. It is mutually agreed that RCTC will include the water pipeline relocation work as part of RCTC's highway construction contract. OWNER shall have access to all phases of the work to be performed by RCTC for the purpose of inspection to ensure that the work being performed for the OWNER is in accordance with the specifications contained in the highway contract. Upon completion of the work performed by RCTC, OWNER agrees to accept 80 ownership and maintenance of the constructed facilities and relinquishes to RCTC • ownership of the replaced facilities. II. LIABILITY FOR WORK Existing facilities are located in their present position pursuant to rights superior to those of the RCTC and will be relocated at expense. Ill PERFORMANCE OF WORK OWNER shall have access to all phases of the relocation work to be performed by RCTC, as described in Section I above, for the purpose of inspection to ensure that the work is in accordance with the specifications contained in the Highway Construction Contract; however, all questions regarding the work being performed will be directed to RCTC's Resident Engineer for their evaluation and final disposition. OWNER agrees to perform the herein described work, excepting that work being performed by the RCTC's highway contractor, with its own forces and to provide and furnish all necessary labor, materials, tools, and equipment required therefore, and to prosecute said work diligently to completion. Use of out-of-state personnel (or personnel requiring lodging and meal "per diem" expenses) will not be allowed without prior written authorization by RCTC's representative. Requests for such permission must be contained in OWNE.R's estimate of actual .and necessary relocation costs. Accounting Form FA-1301 is to be completed and submitted for all non-City personnel travel per diem. OWNER shall include an explanation why local employee or contract labor is not considered adequate for the relocation work proposed. Per Diem expenses shall not exceed the per diem expense amounts allowed under the California Department of Transportation's Department of Personnel Administration travel expense guidelines. Pursuant to Public Works Case No. 2001-059 determination by the California Department of Industrial Relations dated October 25, 2002, work performed by OWNER's contractor is a public work under the definition of Labor Code Section 1720(a) and is therefore subject to prevailing wage requirements. OWNER shall verify compliance with this requirement in the administration of its contracts referenced above. IV. PAYMENT FOR WORK RCTC shall pay its share of the actual and necessary cost of the herein described work within 45 days after receipt of five (5) copies of OWNER's itemized bill, signed by a responsible official of OWNER's organization and prepared on OWNER's letterhead, compiled on the basis of the actual and necessary cost and expense. The OWNER shall maintain records of actual costs incurred and charged or allocated to the project in accordance with recognized accounting principles. It is understood and agreed that RCTC will not pay for any betterment or increase in capacity • of OWNER's facilities In the new location and that OWNER shall give credit to RCTC for the accrued depreciation or "used life" of the replaced facilities and for the salvage value of any • material or parts salvaged and retained or sold by OWNER. 81 • • • Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit progress bills for costs incurred not to exceed OWNER's recorded costs as of the billing date less estimated credits applicable to completed work. Payment of progress bills not to exceed the amount specified below may be made under the terms of this Agreement. Payment of progress bills which exceed the amount of this Agreement may be made after receipt and approval·by RCTC of documentationsupporting the cost increase and after an Amendment to this Agreement has been executed by the parties to this Agreement. The OWNER shall submit a final bill to RCTC within 360 days after the completion of the work described in Section I above. If RCTC has not received a final bill within 360 days after notification of completion of OWNER's work described in Section I of this Agreement, and RCTC has delivered to OWNER fully executed Director's Deeds, Consents to Common Use or Joint Use Agreements as required for OWNER's facilities, RCTC will provide written notification to OWNER of its intent to close its file within 30 days and OWNER hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned. If RCTC processes a final bill for payment more than 360 days after notification of completion of OWNER's work, payment of the late bill may be subject to allocation and/or approval by the California Transportation Commission. The final billing shall be in the form of an itemized statement.of the total costs charged to the project, less the credits provided for in this Agreement, and less any amounts covered by progress billings. However, RCTC shall not pay final bills which exceed the estimated cost of this Agreement without documentation of the reason for the increase of said cost from the OWNER and approval of documentation by RCTC. Except, if the final bill exceeds the OWNER's estimated costs solely as the result of a revised Notice to Owner as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation. In either case, payment of the amount over the estimated cost of this Agreement may be subject to allocation and/or approval by the California Transportation Commission. In any event if the final bill exceeds 125% of the estimated cost of this Agreement, an Amended Agreement shall be executed by the parties to this Agreement prior to the payment of the OWNER'S final bill. Any and all increases in costs that are the direct result of deviations from the work described in Section I of this Agreement shall have the prior concurrence of RCTC. Detailed records from which the billing is compiled shall be retained by the OWNER for a period of three years from the date of the final payment and will be available for audit by State and/or Federal auditors. Owner agrees to comply with Contract Cost Principles and Procedures as set forth in 48 CFR, Chapter 1, Part 31, et seq., 23 CFR, Chapter 1, Part 645, et al. If a subsequent State and/or Federal audit determines payments to be unallowable, OWNER agrees to reimburse RCTC upon receipt of RCTC billing. V. GENERAL CONDITIONS All costs accrued by OWNER as a result of RCTC's request of October 27, 2011 to review, study and/or prepare relocation plans and estimates for the project associated with this Agreement may be billed pursuant to the terms and conditions of this Agreement. If RCTC's project which precipitates this Agreement is cancelled or modified so as to eliminate the necessity of work by OWNER, RCTC will notify OWNER in writing and RCTC reserves the right to terminate this Agreement by Amendment. The Amendment shall provide mutually acceptable terms and conditions for terminating the Agreement. 82 All obligations of RCTC under the terms of this Agreement are subject to the passage of the • annual Budget Act by the State Legislature and the allocation of those funds by the California Transportation Commission_ OWNER shall submit a Notice of Completion to RCTC within 30 days of the completion of the work described herein. Where OWNER has prior rights in areas which will be within the highway right of way where OWNER's facilities will remain on or be relocated on STATE/RCTC highway right of way, a Joint Use Agreement or Consent to Common Use Agreement shall be executed by the parties. It is understood that said highway is a Federal aid highway and accordingly, 23 CFR, Chapter 1, Part 645 is hereby incorporated into this Agreement THE ESTIMATED COST TO RCTC FOR THE ABOVE DESCRIBED WORK IS $26,760.00 Signatures on Following Page 83 • • • • • IN WITNESS WHEREOF, the above parties have executed this 1-215 Central Project Utility Agreement as of the day and year first above written. RCTC: By ________________________________ __ Riverside County Transportation Commission/Date Title--------------------------- APPROVED AS TO FORM: BEST BEST & KRIEGER LLP By~--~~--~------------------­General Counsel Riverside County Transportation Commission APPROVAL RECOMMENDED: By:.~--~~~--~--------~---- Michael W. Parker Date Utility Project Manager Overland, Pacific & Cutler, Inc . 84 OWNER: City of Perris By ______________ ~------------ NAME Date Title----------------- • AGENDA ITEM SF • • L______________~ ------- • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: May 9, 2012 TO: Riverside County Transportation Commission FROM: Western Riverside County Programs and Projects Committee Patti Castillo, Capital Projects Manager THROUGH: Anne Mayer, Executive Director Agreement with HDR Construction Control Corporation for SUBJECT: Construction Management Services for the Construction of the Interstate 215/Biaine Street Martin Luther King Boulevard to Widening Project WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1) Award Agreement No. 12-31-057-00 to HDR Construction Control Corporation (HDR) to provide construction management (CM), materials testing, and construction surveying services for the Interstate 215/Biaine Street to Martin Luther King Boulevard widening project, in the amount of $242,055, plus a contingency amount of $24,206, for a total amount not to exceed $266,261; 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; and 3) Authoriz~ the Executive Director to approve contingency work as may be required for the project. BACKGROUND INFORMATION: At its February 2012 meeting, the Commission authorized staff to issue a request for qualifications (RFQ) and conduct a selection process for construction management and related services for the 1-21 5/ Blaine Street to Martin Luther King Boulevard widening project in the city of Riverside. Selection Process: A HFQ for CM services, material testing, and construction surveying services for the project was issued on February 1 3, 201 2, with consultant statement of qualifications (SOQ) due March 5. The Commission received five SOQs from Elie Farah, Inc., HDR, RBF/Baker, Southstar Engineering and Consulting, Inc., and • Transtech Engineers, Inc. Agenda Item SF 85 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 Caltrans. 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: • HDR • RBF/Baker • Southstar Engineering and Consulting, Inc. Interviews with the above.:referenced firms were conducted on April 5, and, after final scoring by the evaluation committee, HDR was ranked the most qualified firm under the terms of the RFQ. Subsequently, staff has negotiated of the scope (including the appropriate level of effort, labor categories/mix, etc.), cost, and schedule proposal from HDR for the project services and established a fair and reasonable price. The proposed cost is $242,055 may change slightly, but it will be finalized prior to Commission approval. A pre-award audit of HDR's payroll, including overhead rates, and accounting system is not required, since the contract value is below $1 million. Recommendation Staff recommends award of Agreement No. 12-31-057·00 to HDR to perform CM services, materials testing, and construction surveying services for the 1-215/ Blaine Street to Martin Luther King Boulevard widening project, based on the final project scope and cost included with Attachment 1, in the amount of $242,055, plus contingency amount of $24,206 for unanticipated changes, for a total amount not to exceed $266,261. Financial Information In Fiscal Year Budget: I N/A I Year: I FY 2012/13 + Amount: I $266,261 Source of Funds: I STP Budget Adjustment: I N/A GL!Project Accounting No.: 1003035 81302 00000 0000 222 31 81302 Fiscal Procedures Approved: I~~ I Date: I 04!12/12 Attachment: Draft Agreement No. 12-31-057-00 Agenda Item SF 86 • •• • • • Agreement No. 12-31-057-00 PROFESSIONAL SERVICES AGREEMENT WITH FHWA FUNDING/ASSISTANCE RIVERSIDE COUNTY TRANSPORTATION COMMISSION AGREEMENT WITH HDR CONSTRUCTION CONTROL CORP. FOR CONSTRUCTION MANAGEMENT SERVICES, MATERIALS TESTING AND CONSTRUCTION SURVEYING FOR THE WIDENING OF THE 1-215 PROJECT, BLAINE STREET TO MARTIN LUTHER KING BOULEVARD 1. PARTIES AND DATE. This Agreement is made and entered into this_ day of , 20_, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("the Commission") and HDR CONSTRUCTION CONTROL CORP. ("Consultant"), a Nebraska corporation. 2. RECITALS. 2.1 On November 8, 1988 the Voters of Riverside County approved Measure A authorizing the collection of a one-half percent (1/2 %) retail transactions and use tax (the "tax") to fund transportation programs and improvements within the County of Riverside, and adopting the Riverside County Transportation Improvement Plan (the "Plan"). 2.2 Pursuant to Public Utility Code Sections 240000 et seq., the Commission is authorized to allocate the proceeds of the Tax in furtherance of the Plan. 2.3 On November 5, 2002, the voters of Riverside County approved an extension of the Measure A tax for an additional thirty (30) years for the continued funding of transportation and improvements within the County of Riverside. A source of funding for payment for professiqnal services provided under this Agreement is federal funds from the United States Department of Transportation pursuant to the following project/program [INSERT NAME OF FEDERAL PROGRAM]. This 87 Agreement shall not be deemed to be approved by the Commission until the certifications • shown in Exhibits "E" and "F" attached hereto and incorporated herein by reference, are executed and incorporated in this Agreement. 2.4 Consultant desires to perform and assume responsibility for the provision of certain professional services required by the Commission on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing L_INSERT TYPE OF SERVICES_j services to public clients, is licensed in the State of California (if necessary), and is familiar with the plans of the Commission. 2. 5 The Commission desires to engage Consultant to render such services for the L_INSERT NAME OF PROJECT _j project ("Project"), as set forth in this Agreement. · 3. TERMS. 3.1 General Scope of Services. Consultant shall furnish all technical and professional services, including labor, material, equipment, transportation, supervision and expertise, and incidental and customary work necessary to fully and adequately supply the professional L_INSERT TYPE OF SERVICES_j 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. L_USE THIS PARAGRAPH IF NOTICE TO PROCEED OR LIMITED NOTICE TO PROCEED HAS BEEN ISSUED_j Commission has authorized Consultant to commence performance of the Services by a "Notice to Proceed" or "Limited Notice to Proceed" dated . Consultant agrees that Services already performed pursuant to the "Notice to Proceed" or "Limited Notice to Proceed" shall be governed by all the provisions of this Agreement, including all indemnification and insurance provisions. L_USE THIS SENTENCE IF NO NOTICE TO PROCEED OR LIMITED NOTICE TO PROCEED HAS BEEN ISSUED_j The Consultant shall commence work upon receipt of a written· "Notice to Proceed" or "Limited Notice to Proceed" from Commission. 3.2.1. Pre-Award Audit. As a result of the federal funding for this Project, and to the extent Caltrans procedures apply in connection therewith, issuance of a "Notice to Proceed" may be contingent upon completion and approval of a pre-award audit. Any questions raised during the pre-award audit shall be resolved before the Commission will consider approval of this Agreement. The federal aid provided under this Agreement is contingent on meeting all Federal requirements and could be withdrawn, thereby entitling the Commission to terminate this Agreement, if the procedures are not completed. The RVPUB\HSHANE\770943.1 88 • • • • Consultant's files shall be maintained in a manner to facilitate Federal and State process reviews. In addition, the applicable federal agency, or Caltrans acting in behalf of a federal agency, may require that prior to performance of any work for which Federal reimbursement is requested and provided, that said federal agency or Caltrans must give to Commission an "Authorization to Proceed". 3.2.2 Post-Award Audit. In the event that Caltrans authorizes the Commission to issue a "Limited Notice to Proceed", Consultant's cost proposal, set forth in the attached Exhibit "C", will be subject to a post-award audit by Caltrans. Consultant's files shall be maintained in a manner to facilitate Federal and State process reviews. If any post-award audit recommendations are received by Commission from Caltrans, Exhibit "C" shall be adjusted by Consultant and approved by Commission to conform to the audit recommendations. Consultant agrees that individual items of cost may be incorporated into the attached Exhibit "C", based on the interim or post-award audit recommendations of Caltrans, at Commission's sole discretion. Refusal by Consultant to incorporate the interim audit or post-award recommendations of Caltrans will.be considered a breach of this Agreement and cause for termination. 3.3 Term. The term ofthis Agreement shall be from the date first specified above or the date of issuance of the Notice to Proceed by the Commission, whichever occurs first, to [__INSERT ENDING DATE~, 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 [__INSERT NAME OR TITLE~ to act as its Representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to act on behalf of Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his or her professional skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. Consultant shall work closely and cooperate fully with Commission's Representative and any other agencies which may have jurisdiction over, or an interest in, the Services. Consultant's Representative shall be available to the RVPUB\HSHANE\ 770943.1 89 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: L_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 Federal funding. In the event that Commission's Representative, in his sole discretion, determines the formally submitted work product to be not in accordance with ttie 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. 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 Cons.ultant'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 RVPUB\HSHANE\770943.1 90 • • • • • 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 reas~mable 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 receiptof 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 reproduc~. 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 Cai/OSHA requirements, and shall give all notices required by law. For example, and not by way of limitation, Consultant shall keep itself fully informed of and in compliance with all implementing regulations, design standards, specifications, previous commitments that must be incorporated in the design of the Project, and administrative controls including those of the United States Department of Transportation. Compliance with Federal procedures may include completion of the applicable environmental documents and approved by the United States Department of Transportation. For example, and not by way of limitation, a signed Categorical Exclusion, Finding of No Significant Impact, or published Record of Decision may be required to be approved and/or completed by the United States Department of Transportation. For Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such'laws, rules and regulations and without giving written notice to the Commission, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold Commission, its officials, directors, officers, RVPUB\HSHANE\770943.1 91 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. 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. RVPUB\HSHANE\770943. I 92 • • • • 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 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 . RVPUB\HSHANE\770943.1 93 ' 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 excusep 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 withho'ldings, unemployment insurance, disability insurance, and workers' compensation insurance. 3.17.2 Prevailing Wages. By its execution of this Agreement, Consultant certifies that it is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et ~("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public RVPUB\HSHANE\770943.1 94 • • • • • • works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Copies of the prevailing rate of per diem wages in effect at commencement of this Agreement are on file at the Commission's offices. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the Commission, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.17.3 Eight-Hour Law, Pursuant to the provisions of the California Labor Code, eight hours of labor shall constitute a legal day's work, and the time of service of any worker employed on the work shall be limited and restricted to eight hours during any one calendar day, and forty hours in any one calendar week, except when payment for overtime is made at not less than one and one-half the basic rate for all hours worked in excess of eight hours per day ("Eight-Hour Law"), unless Consultant or the Services are not subject to the Eight-Hour Law. Consultant shall forfeit to Commission as a penalty, $50.00 for each worker employed in the execution of this Agreement by him, or by any sub- consultant under him, for each calendar day during which such workman is required or permitted to work more than eight hours in any calendar day and forty hours in any one calendar week without such compensation for overtime violation of the provisions of the California Labor Code, unless Consultant or the Services are not subject to the Eight-Hour Law. 3.17.4 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein, without the prior written consent of the Commission. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.17 .5 Subcontracting. Consultant shall not subcontract any portion of the work or Services required by this Agreement, except as expressly stated herein, without prior written approval of the Commission. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Consultant has, as part of its proposal, identified certain companies/firms that will be subconsultants utilized by Consultant ("Subconsultants") for Project delivery. A list of said Subconsultants may be attached hereto as Exhibit "C" Part 2 and made a part hereof. The Commission hereby approves the use by Consultant of the Subconsultants identified in Exhibit '.'C" Part 2. In the event and prior to the replacement of any Subconsultant approved herein, the Consultant shall seek and obtain the Commission's written approval. Exhibit "C" Part 2 also sets forth the rates at which each Subconsultant shall bill the Consultant for Services and that are subject to reimbursement by the Commission to Consultant. Additional Direct Costs, as defined in Exhibit "C" Part 1 RVPUB\HSHANE\770943.1 95 shall be the same for both the Consultant and all subconsultants, unless otherwise • identified in Exhibit "C" Part 2. 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 Subconsultan~ 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 makesno 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. 3.18.2 Intellectual Property. In addition, Commission shall have and retain all right, title and interest (including copyright, patent, trade secret and other proprietary rights) in all plans, specifications, studies, drawings, estimates, materials, data, computer programs or software and source code, enhancements, documents, and any and all works of authorship fixed in any tangible medium or expression, including but not limited to, physical drawings or other data magnetically or otherwise recorded on computer media ("Intellectual Property") prepared or developed by or on behalf of Consultant under this Agreement as well as any other such Intellectual Property prepared or developed by or on behalf of Consultant under this Agreement. RVPUB\HSHANE\770943.1 96 • • • • The Commission shall have and retain all right, title and interest in Intellectual Property developed or modified under this Agreement whether or not paid for wholly or in part by Commission, whether or not developed in conjunction with Consultant, and whether or not developed by Consultant. Consultant will execute separate written assignments of any and all rights to the above referenced Intellectual Property upon request of Commission. Consultant shall also be responsible to obtain in writing separate written assignments from any subcontractors or agents of Consultant of any and all right to the above referenced Intellectual Property. Should Consultant, either during or following termination of this Agreement, desire to use any of the above-referenced Intellectual Property, it shall first obtain the written approval of the Commission. All materials and documents which were developed or prepared by the Consultant for general use prior to the execution of this Agreement and which are not the copyright of any other party or publicly available and any other computer applications, shall continue to be the property of the Consultant. However, unless otherwise identified and stated prior to execution of this Agreement, Consultant represents and warrants that it has the right to grant the exclusive and perpetual license for all such Intellectual Property as provided herein. Commission further is granted by Consultant a non-exclusive and perpetual license to copy, use, modify or sub-license any and all Intellectual Property otherwise owned by Consultant which is the basis or foundation for any derivative, collective, insurrectional, or supplemental work created under this Agreement. 3.18.3 Confidentiality. All ideas, memoranda. specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of Commission, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing 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 RVPUB\HSHANE\770943.1 97 alleged negligent acts, omissions, or willful misconduct of Consultant, its officials, officers, • employees, agents, consultants, and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of consequential damages, expert witness fees, and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against Commission, its directors, officials, officers, employees, consultants, agents, or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against Commission or its directors, officials, officers, employees, consultants, agents, or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse Commission and its directors, officials, officers, employees, consultants, agents, and/or volunteers, for any and all legal expenses and costs, including reasonable attorney's fees, incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Commission, its directors, officials officers, employees, consultants, agents, or volunteers. 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. Consultant's obligations as set forth in this Section 3.19 shall survive expiration or termination of this Agreement. 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 insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: · (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001 ); (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 by the State of California and Employer's Liability Insurance. RVPUB\HSHANE\770943.1 98 • • • • • (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of $1 ,000,000 per accident for bodily injury or disease. 3.20.3 Professional Liability. L_INCLUDE ONLY IF APPLICABLE- DELETE OTHERWISE_j 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 L_INCREASE IF NECESSARY -OTHERWISE LEAVE AS IS AND DELETE THIS NOTE_j per claim. 3.20.4 Aircraft Liability Insurance. Prior to the direct or indirect use of any civil aircraft to provide Services under this Agreement, Consultant 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. 3.20.5 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the Commission to add the following provisions to the insurance policies: (A) General Liability. 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 RVPUB\HSHANE\770943.1 99 borrowed by the Consultant or for which the Consultant is responsible; and (2) the • insurance coverage shall be primary insurance as respects the Commission, its directors, officials, officers, employees and agents, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by the Commission, its directors, officials, 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 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the Commission, its directors, officials, officers, employees, and agents. 3.20.8 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. 3.20.9 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 RVPUB\HSHANE\770943.1 100 • • • • by the Commission before work commences. The Commission reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.20.1 0 Other Insurance. At its option, the Commission may require such additional coverage(s), limits and/or the reduction of deductibles or retentions it considers reasonable and prudent based upon risk factors that may directly or indirectly impact the Project. In retaining this option Commission does not warrant Consultant's insurance program to be adequate. Consultant shall have the right to purchase insurance in addition to the insurance required in this Section. 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 L_INSERT WRITTEN DOLLAR AMOUNT__] ($L_INSERT NUMERICAL DOLLAR AMOUNT__]) without written approval of Commission's Executive Director ("Total Compensation"). 3.22.2 Payment of Compensation. Consultant shall submit a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the Statement. Charges specific to each Milestone listed in the Schedule of Services shall be listed separately on an attachment to each statement. Each statement shall be accompanied by a monthly progress report and spreadsheets · showing hours expended for each task for each month ·and the total Project to date. Each statement shall include a cover sheet bearing a certification as to the accuracy of the statement signed by the Consultant's Project Manager or other authorized officer . RVPUB\HSHANE\770943. I 101 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, other than a Cardinal Change. For purposes of this Agreement, a Cardinal Change is a change which is "outside the scope" of the Agreement; in other words, work which should not be regarded as having been fairly and reasonably within the contemplation of the parties when the Agreement was entered into. An example of a change which is not a Cardinal Change would be where, in a contract to construct a building there are many changes in the materials used, but the size and layout of the building remains the same. Cardinal Changes are not within the authority of this provision to order, and shall be processed by the Commission as "sole source" procurements according to applicable law, including the requirements of FTA Circular 4220.1 D, paragraph 9(f). (a) In addition to the changes authorized above, a modification which is signed by Consultant and the Commission's Executive Director, other than a Cardinal Change, may be made in order to: (1) make a negotiated equitable adjustment to the Agreement price, delivery schedule and other terms resulting from the issuance of a Change Order, (2) reflect definitive letter contracts, and (3) reflect other agreements of the parties modifying the terms of this Agreement ("Bilateral Contract Modification"). (b) Consultant shall not perform, nor be compensated for any change, without written authorization from the Commission's Executive Director as set forth • herein. In the event such a change authorization is not issued and signed by the Commission's Executive Director, Consultant shall not provide such change. 3.22.4 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by the Commission's Representative. 3.23 Prohibited Interests. 3.23.1 Solicitation. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the Commission shall have the right to rescind this Agreement without liability. 3.23.2 Conflict of Interest. For the term of this Agreement, no member, officer or employee of the Commission, during the term of his or her service with the Commission, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. RVPUB\HSHANE\770943.1 102 • • • • 3.23.3 Conflict of Employment. Employment by the Consultant of personnel currently on the payroll of the Commission shall not be permitted in the performance of this Agreement, even though such employment may occur outside of the employee's regular working hours or on weekends, holidays or vacation time. Further, the employment by the Consultant of personnel who have been on the Commission payroll within one year prior to the date of execution of this Agreement, where this employment is caused by and or dependent upon the Consultant securing this or related Agreements with the Commission, is prohibited. 3.23.4 Covenant Against Contingent Fees. As required in connection with federal funding, the Consultant warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this Agreement, and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage f~e, 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. L_INCLUDE ONLY IF FEDERAL FUNDING WILL EXCEED $100,000, OTHERWISE DELETE THIS SECTION 3.23.5 AND EXHIBIT "J"_j The Consultant certifies that to the best of his/ her knowledge and belief no state, federal or local agency appropriated funds have been paid, or will be paid by or.on behalf of the Consultant to any person for the purpose of influencing or attempting to influence an officer or employee of any state or federal agency; a Member of the State Legislature or United States Congress; an officer or employee of the Legislature or Congress; or any employee of a Member of the Legislature or Congress, in connection with the award of any state or federal contract, grant, loan, or cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement. a) If any funds other than federal appropriated funds have been paid, or will be paid to any person for the purpose of influencing or attempting to influence an officer or employee of any federal agency; a Member of Congress; an officer or employee of Congress, or an employee of a Member of Congress; in connection with this Agreement, the Consultant shall complete and submit the attached Exhibit "J", Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with the attached instructions. b) The Consultant's certification provided in this section is a material representation of fact upon which reliance was placed when this Agreement was entered into, and is a prerequisite for entering into this Agreement pursuant to Section 1352, Title 31, US. Code. Failure to comply with the restrictions on expenditures, or the RVPUB\HSHANE\7709431 103 disclosure and certification requirements set forth in Section 1352, Title 31, US. Code may • result in a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. c) The Consultant also agrees by signing this Agreement that he/she shall require that the language set forth in this Section 3.23.5 be included in all Consultant subcontracts which exceed $100,000, and that all such subcontractors shall certify and disclose accordingly. 3.24 Accounting Records. Consultant shall maintain complete and accurate records with respect to . all costs and expenses incurred and fees charged under this Agreement. As required in connection with federal funding, the Federal Acquisition Regulations in Title 48, CFR 31 shall be the governing factors regarding allowable elements of cost. All such records shall be clearly identifiable. Consultant shall allow a representative of the Commission, the State, the State Auditor, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) during normal business hours to examine, audit, and make transcripts or copies of any and all ledgers and books of account, invoices, vouchers, canceled checks, and any other records or documents created pursuant to this Agreement. All such information shall be retained by Consultant for at least three (3) years following termination of this Agreement. Following final settlement of the contract accounts with the United States Department of Transportation under this Agreement, such records and documents may be microfilmed at the option of the Commission, but in any event shall be retained for said three (3) year period after processing of the final voucher by the United • States Department of Transportation. a) The Consultant also agrees to comply with Federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. b) Any costs for which payment has been made to the Consultant that are determined by subsequent audit to be unallowable under 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31 et seq. or under 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, are subject to repayment by the Consultant to the Commission. 3.25 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 3.26 Right to Employ Other Consultants. Commission reserves the right to employ other consultants in connection with the Project. RVPUB\HSHANE\770943.1 104 • • • • 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 action·s. 3.29 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.30 Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein. 3.31 Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONSULTANT: Attn: ______ _ COMMISSION: Riverside County Transportation Commission 4080 Lemon Street, 3rd 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 . RVPUB\HSHANE\770943.1 105 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 Employment of Apprentices. This Agreement shall not prevent the employment of properly indentured apprentices in accordance with the California Labor Code, and no employer or labor union shall refuse to accept otherwise qualified employees · as indentured apprentices on the work performed hereunder solely on the ground of race, creed, national origin, ancestry, color or sex. Every qualified apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade in which he or she is employed and shall be .employed only in the craft or trade to which he or she is registered. If California Labor Code Section 1777.5 applies to the Services, Consultant and any subcontractor hereunder who employs workers in any apprenticeable craft or trade shall apply to the joint apprenticeship council administering applicable standards for a certificate approving Consultant or any sub-consultant for the employment and training of apprentices. Upon issuance of this certificate, Consultant and any sub-consultant shall employ the number of apprentices provided for therein, as well as contribute to the fund to administer the apprenticeship program in each craft or trade in the area of the work hereunder. The parties expressly understand that the responsibility for compliance with provisions of this Section andwith Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code in regard to all apprenticeable occupations lies with Consultant 3.37 Provisions Applicable When Federal Department of Transportation Funds Are Involved. When funding for the Services provided by this Agreement are provided, in whole or in part, from the United States Department of Transportation, Consultant shall also fully and adequately comply with the provisions included in Exhibit "D" (Federal Department of Transportation Requirements and California Department of Transportation (Caltrans) DBE program requirements) attached hereto and incorporated herein by reference. 3.38 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification and confidentiality obligations, shall survive any such expiration or termination. 3.39 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.40 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. RVPUB\HSHANE\770943.1 106 • • • • • 3.41 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute. an original. 3.42 Incorporation of Recitals. The recitals set forth above are true and correct and are incorporated into this Agreement as though fully set forth herein. 3.43 No Waiver. Failure of Commission to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times. [Signatures on following page) RVPUB\HSHANE\770943.1 107 SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT WITH FHWA FUNDING/ASSISTANCE IN WITNESS WHEREOF, this Agreement was executed on the date first written above. RIVERSIDE COUNTY CONSULTANT TRANSPORTATION COMMISSION [INSERT NAME OF CONSULTANT] By: By: [INSERT NAME] Signature Chair Name [NOT NEEDED IF APPROVED BY COMMISSION] Title By: Anne Mayer Executive Director Approved as to Form: ATTEST: By: By: Best, Best & Krieger LLP General Counsel Its: Secretary RVPUB\HSHANE\770943.1 108 • • • • • • RVPUB\HSHANE\770943_ I EXHIBIT "A" SCOPE OF SERVICES L_INSERT_j Exhibit A 109 • • • EXHIBIT "A" SCOPE OF WORK RCTC is seeking proposals from qualified engineering professionals to provide Construction Management (CM), Materials Testing, and Construction Surveying Services for construction of the 1-215 Widening between Blaine Street and Martin Luther King Blvd, located in the City of Riverside, CA. Services will include pre-construction plans, specification, and estimate (PS&E) review, construction bid analysis, and document review prior to construction contract award; construction inspection; surveying and materials testing; contractor interface and contract administration; office engineering; claims analysis, and other assorted duties as appropriate for construction management. The project's final design is scheduled for completion by summer 2012. Background Information The following information will be provided on CD to assist the Offeror in understanding the scope of the project. To purchase a CD for $5.00, if picked up at the Commission Offices, or $10.00, if it is mailed to the Offeror, send a request to Matthew Wallace at mwallace(a),rctc.org. l. 2. Draft Preferred Alternative Project Report Strip Map of proposed improvement Construction Schedule (Tentative) The anticipated construction schedule for the project is shown below: Start Construction Project Duration Construction Cost (Tentative) The anticipated cost ofthe work is $1.5 Million Performance Requirements October 2012 60 Working Days Construction Management: OFFEROR shall furnish a Project Manager/Resident Engineer to coordinate OFFEROR operations with COMMISSION. The Project Manager shall be responsible for all matters related to OFFEROR personnel and operations. A Resident Engineer shall be assigned as a single point of contact to direct and coordinate construction activities under this agreement Other Assistant Resident Engineers may be assigned to specific project responsibilities as needed. The Resident Engineer shall be a Civil Engineer, registered in the State of California. The Resident Engineer shall be in responsible charge of construction activity within the Project. RVPUB\HSHANE\770943.1 110 The number of OFFEROR personnel assigned to the project will vary throughout the duration ofthe agreement. 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 shall 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. 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 decisiorys of the Secretary ofLabor. OFFEROR personnel shall assist COMMISSION and local agencies in obtaining compliance with the safety and accident prevention provisions of the projects. Local agencies will retainjurisdictional control for traffic control. All services required hereunder shall be performed in accordance with California Department of Transportation guidelines, regulations, policies, procedures, manuals, and RVPUB\HSHANE\770943.1 111 • • • •• 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. 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. · The COMMISSION intends 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 the project. On days when work is not performed by the construction contractor, such as rainy or unsuitable weather days, OFFEROR will not provide services unless authorized by the COMMISSION Construction Manager. Resumes of materials testing personnel shall 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. lfa member ofOFFEROR's personnel is on a leave of absence, OFFEROR's project manager will provide an equally qualified replacement employee until the original member returns to work. The replacement employee will meet all the requirements of a permanently assigned employee. All personnel shall be knowledgeable of, and comply with, all applicable local, Caltrans, arid federal regulations; cooperate and consult with COMMISSION and local agency officials during the course of the agreement; 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 . RVPUB\HSHANE\770943.1 112 Construction Surveying: OFFEROR will furnish a surveying crew to perform construction surveys for the project. The same survey crew will provide services 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 Party 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. 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. • lfOFFEROR's survey crew personnel assigned to the project is on a leave of absence, the • Project Manager will provide an equally qualified replacement(s) until the original employee(s) returns to work. The replacement will be required to meet all the requirements of the permanently assigned employee. OFFEROR personnel will: • Be knowledgeable of, and comply with all, applicable local, Caltrans, state, and federal regulations. • Cooperate and consult with COMMISSION officials during the course of the agreement. • 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 RVPUB\HSHANE\770943.1 113 • • • • OFFEROR shall review construction contract documents prior to construction. Tasks include review of plans, specifications, technicalreports, 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. 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: b. 1) 2) 3) 4) Review bid questions and draft responses Draft addenda to the bid documents Review ofbidder's documents Prepare bid tabulation Pre-construction Meetings OFFEROR shall assist COMMISSION in conducting one or more, pre-construction meetings with all involved parties on the Project. Parties may include, but are not limited to, the Contractor, the design engineer, Caltrans, cities, and utility companies. c. Contract A ward OFFEROR shall assist COMMISSION, as requested, with the following tasks: 1) Review bid for completeness and responsiveness 2) Perform bid analysis 3) Develop contractor payment schedules, and other procedural items. 4) Check Contractor references, licenses, insurance, and sureties. 5) Coordinate with prospective Contractor for award of construction contract( s ) . RVPUB\HSHANE\770943 1 114 All processes will be consistent with procedures outlined by the California Department of Transportation for Special Funded Programs and relevant Commision procedures. 3. Project Administration a. OFFEROR shall administer project construction contract using Caltrans Construction Manual as a guideline. 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. e. OFFEROR shall establish and maintain Project records. Project record keeping shall include, but are not limited to the following: correspondence, memoranda, contract documents, change orders, claims, COMMISSION and engineer directives, meeting minutes, shop drawings, materials records, survey data, supplementary drawings, and progress payments. OFFEROR shall maintain a record of the names, addresses, and telephone and fax numbers of the Contractor, subcontractors, and principal material suppliers. 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 Project Report (MPR). The MPR shall include construction activity, accomplishments, and status of Requests for Information (RFls), submittals, current issues, Contract Change Orders (CCOs) and current project budget and schedule. h. OFFEROR shall review and ensure compliance with environmental requirements. 1. OFFEROR shall ensure that the Project meets all provisions of the Caltrans Quality Assurance Program Manual. J. OFFEROR shall review Contractors' certified payroll records and assist COMMISSION with labor compliance. k. OFFEROR shall ensure that the Project meets all provisions of the Storm Water Pollution Prevention Plan (SWPPP). RVPUB\HSHANE\770943. 1 115 • • • • • • L OFFEROR shall assure that the Project meets all applicable regulations of the Air Quality Management District (AQMD). 4. Construction Coordination a. OFFEROR shall provide a qualified Resident Engineer and other qualified assistant Resident Engineers, as needed to effectively manage the Project. b. OFFEROR Resident Engineer shall act as a single 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, Caltrans, cities, and the public. c. OFFEROR shall maintain regular contact with COMMISSION's Construction Manager. d. 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 prepare CCOs and supporting transmittal memoranda in accordance with construction contract documents and Commission procedures . e. OFFEROR shall monitor, coordinate, and track construction progress to ensure the Project proceeds on schedule _and according to the order of work required in the plans and special provisions. OFFEROR shall expedite work, as required, to maintain schedule. f. OFFEROR shall coordinate review of shop drawings and Requests for Information (RFI) with the Construction Manager. OFFEROR shall log and track all submittals and RFis. g. 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 Caltrans and monitoring agency during inspections and field reviews. h. OFFEROR shall coordinate the implementation of any changes with the Construction Manager and the design engineer. 1. OFFEROR shall review and approve Traffic Control Plans and forward to COMMISSION as necessary. J. OFFEROR shall coordinate all Project construction activities with other on-going projects within and adjacent to the Project limits . RVPUB\HSHANE\770943.1 116 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 r~place, correct, and/or mitigate all defects or deficiencies in the materials or workmanship used in the Project. Any such deficiencies and their resolution shall ~e reported to COMMISSION d. OFFEROR personnel assigned to the Project shall be thoroughly familiar with Caitrans Special Provisions, Standard Specifications and Caltrans Standard Plans. 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 the Caltrans Storm Water Pollution Prevention Program. e. Assignments to be performed by OFFEROR personnel shall include, but are not limited to, the following: 1) Inspection ofsubgrade, aggregate base and paving, signing and striping, and related construction activities. Work shall include checking grade and alignment, construction traffic control, and any other duties that may be required to determine that construction of the Project is being performed in accordance with the contract documents. 2) Identifying actual and potential problems associated with the Project and recommending sound engineering solutions. 3) 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. 4) Preparing complete and accurate daily reports, engineering calculations, project records, payment quantity documents, reports, and correspondence related to Project activities. Documents shall be sufficient to provide actual RVPUB\HSHANE\770943.1 117 ·- • • • • • cost of force account work. 5) Preparing construction sketches, drawings, and cross-sections, as necessary. 6) Keep contemporaneous records of all additions or deviations from the approved plans for preparation of as-built plans. 7) Providing inspections for environmental compliance. 8) Arranging for lane closures in accordance with Caltrans procedures and coordinate any work with the California Highway Patrol. 9) Maintaining awareness of water discharge requirements. Monitoring Contractors' compliance with applicable regulations and construction contract provisions. 1 0) Monitoring Contractors' compliance with applicable regulations required by AQMD. 11) Other 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 project. 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. The Resident Engineer will assign survey work to the CONSULTANT by issuing a "Request for Survey Services". Requests may include, but not be limited to, the following types of surveys and related services: 1) Construction Surveys RVPUB\HSHANE\770943. I 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 . 118 Survey data will include topography, cross-section, and other survey data in • computer formats compatible with the Caltrans computer survey and design systems. Prepare and maintain survey documents. Survey documents include survey field notes, maps, drawings, and other survey documents. Perform construction staking, including (where required) but not limited to: • Utility locations • Clearing limits • Slope staking • Storm drain, sanitary sewer, and irrigation systems • Drainage structures • Curbs, gutters, and sidewalk • Rough grade • Finish grade 2) Monitor for settlement, if required Global Positioning Satellite (GPS) equipment shall be made available if required by the COMMISSION Right of Way Lines Existing right of way will be established from Caltrans' record information and existing monumentation. • 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. • Final monumentation. Includes setting of centerline points of control upon completion of construction. 3) Special Design-Data Surveys Includes drainage, utility, and surveys that might be 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 RVPUB\HSHANE\770943.1 119 • •• • • • testing will be used to ensure that roadway construction work conforms to California State Department ofTransportation (Caltrans) standards, specifications, and special provisions for material quality and workmanship. All field and laboratory testing shall be performed in accordance with California Test Methods. OFFEROR will be responsible for the accuracy and completeness of all test data compilation and results. c. Permits OFFEROR shall review the project for permit compliance and coordinate with COMMISSION and the design engineer to ensure that necessary permits are obtained. OFFEROR shall assist COMMISSION in the coordination, timely processing and verification of approval for all permits. OFFEROR shall maintain permits and permit documentation on site. · 7. Cost and Schedule a. OFFEROR shall monitor and track the following: 1. 2. 3. 4. 5. 6. 7. Contract pay item quantities and payments Contract change orders Supplemental work items / Agency and/or State furnished materials Anticipated extra work balance Contingency balance 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 Change Orders and Claims a. OFFEROR shall receive and evaluate requests for changes and/or substitutions by the Contractor. OFFEROR shall coordinate proposed changes with the COMMISSION's Construction Manager and shall prepare and submit Contract Change Orders to the COMMISSION for approval accompanied by OFFEROR's Transmittal Memo describing background information, reasons for the change and proposed method of payment and/or adjustment of contract time. OFFEROR shall convey proposed changes to Cal trans Oversight Engineer, design engineer, or other project stakeholders RVPUB\HSHANE\770943.1 120 as requested by the Commission. 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 a claims avoidance processes. d. OFFEROR shail 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'S 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. Caltrans Construction Manual. c. OFFEROR shall provide appropriate safety training for all OFFEROR field personnel. d. OFFEROR shall provide all necessary safety equipment as required for OFFEROR personnel. · 10. Project Close Out a. OFFEROR shall prepare a list of items to be completed and/or corrected by the Contractor for final completion of the Project. b. OFFEROR shall review and verify completeness of as-built drawings. c. OFFEROR shall conduct a final walk-through with COMMISSION, Caltrans Contractors, and design engineers. RVPUB\HSHANE\770943. 1 121 • • • • • • d. OFFEROR shall prepare final construction reports including the Project Completion Report. e OFFEROR shall prepare and deliver to COMMISSION all project files in accordance with COMMISSION'S and Caltrans policies. f. OFFEROR shall assist COMMISSION and Contractor in obtaining final release of all project permits. DELIVERABLES a. Correspondence to/from Contractor, Resident Engineers' daily reports, Assistant Resident Engineers' daily reports, and extra work diaries. b. Monthly Project Reports. c. RFI submittals and responses d. Monthly Construction Contract progress payments, back-up documentation, and support information as requested. e. Contractor final payment documents, delivered to COMMISSION no later than ten (10) working days after acceptance by COMMISSION of the completed construction projects. f. Project Completion Report. g. All project files, project reports, correspondence, memoranda, shop drawings, project logs, change order data, claims and claim reports, and Contractor payment records. h. Certified payrolls and fringe benefit statements for all employees, OFFEROR and Contractor, who are subject to the State and/or Federal prevailing wage rates. 1. All material test results will be provided in accordance with the applicable Standard Specifications and Special Provisions, and California Test methods. Failing tests will be immediately reported internally to the Resident Engineer. All test results will be recorded on the appropriate forms. The test documents will be legible and show the identity of the tester where ·appropriate. A summary sheet containing all results of a particular regime of tests shall be developed and kept current. j. Unless otherwise specified in the survey request, the deliverables shall conform to the following: RVPUB\HSHANE\770943.1 122 1. 2. Survey points, lines, and monuments shall be established, marked, identified, and referenced as required by survey request and requirements herein. Survey notes, drawings, calculations, and other survey documents and information shall be completed as required by the survey request and the requirements herein. k. All original survey documents resulting from this agreement, 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 ofthe data (observations) as originally collected and submitted by the survey party. The hard copy shall be signed by the Party Chief. lfthe Party Chief is not licensed, the person in "responsible charge" will be required to sign. I. 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): RVPUB\HSHANE\770943.1 Terrain line interpolation cross -sections shall include an alpha numeric listing, a hard copy plan view drawing of the terrain lines, and a computer 123 • • • • • • m. input file. The computer input file shall be provided in a format compatible with the systems utilized by Caltrans. 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. n. Other As specified in the survey request. Equipment and Materials to be provided by Offeror I. OFFEROR will provide office space, telephones, desks, chairs, computers, and appropriate office equipment. One (I) 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 equipfr!ent required for its persoimel to perform the services accurately, efficiently, and s'afely. Only those items listed in Attachment B, OFFEROR Cost Proposal, shall be reimbursed by COMMISSION . 3. 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. 4. OFFEROR personnel shall be provided with a mobile radio, cellular phone, or other means to assure full-time communication. If a radio system is to be used, OFFEROR shall provide a base station at the field office. 5. OFFEROR personnel shall be provided with all applicable standard plans, specifications, and other standards as appropriate (see item G below). 6. 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 ofthe 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. b. OFFEROR's personnel shall 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 RVPUB\HSHANE\770943.1 124 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 agreement. Each vehicle shall be fully contained with all necessary equipment and supplies necessary to perform the field sampling and tests required. c. Field personnel shall 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 shall be calibrated per Section 3-10 and 3-11 ofCaltrans' Quality Assurance Program Manual. 7. For construction surveying, OFFEROR and staff shall have adequate equipment and supplies to complete the required survey work. Equipment and supplies shall, include, but not be limited to: a. Survey vehicles Survey vehicles will be suitable to perform the required work 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; and • 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. f. Traffic cones (minimum 25). Traffic cones shall be 28 inches in height (minimum) . RVPUB\HSHANE\770943.1 125 • • • • 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 Jess. • Suitable level rods for the work to be performed. 1. Distance measuring instruments and equipment: • Electronic distance measurer (EDM). Precision: standard deviation 3 mm plus 3 PPM, or Jess; Range: Minimum one mile under average atmospheric conditions. • Prisms, sufficient to perform the required work. • Tapes; steel, cloth. J. Angle measuring instruments and equipment: k. • Theodolite for non-control surveys; Precision: direct circle reading to three seconds, or equivalent, horizontal and vertical. • Targets as required to perform the work . 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. Caltrans manuals, standards, forms, and other policies and procedures to be followed to perform the required work. n. Lighting may be required for nighttime survey 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 . RVPUB\HSHANE\770943.1 126 ., .). Appropriate forms for recording test data in accordance with Caltrans practices and procedures outlined in the "Manual ofTest". 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 Projectbid documents, special provisions, plans, and current Caltrans Manuals including: 1. Construction Manual and its revisions 2.. Quality Assurance Program Manual 3. Manual ofTraffic Controls for Construction and Maintenance Work Zones 4. Caltrans Standard Specifications and Standard Plans 5. Caltrans Storm Water Pollution Prevention Plan (SWPPP) and Water Pollution Control Program (WPCP) Preparation Manual 6. Manual ofTest (3 volumes) 7. Survey Manual 8. 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 additional standards conflict with the standards specified herein, the "Survey Request's" standard shall govern. The COMMISSION will decide all questions which may arise as to the quality or acceptability of deliverables furnished and work performed for this agreement. Any RVPUB\HSHANE\770943. I 127 • • • • • • 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 m 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 or from the Contractor to perform services or work outside the terms of any executed contracts for this Project. Third Party Relationships This Agreement is intended to provide unique services for a specific project. In the RVPUB\HSHANE\770943. I 128 development of the Project, COMMISSION has worked closely with Caltrans and others • in the preparation ofthe 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, County or Caltrans representatives, the design engineer, Project Offerors, or other third parties who have assisted with the Project. These entities may, from time to time, offer suggestions and/or recommendations regarding the Project or elements of the Project. While COMMISSION enjoys a close relationship with and has considerable confidence in the capabilities of these other parties, OFFEROR shall not act on any suggestions, solicited or unsolicited, without obtaining specific direction from COMMISSION. All oral and written communication with outside agencies or Offerors related to the project shall be directed only to COMMISSION. Distribution of Project related communication and information shall be at the sole discretion of COMMISSION representatives. ' Construction Site Safety In addition to the requirements specified elsewhere in this agreement, the following also will apply. 1. OFFEROR will conform to the safety provisions of the Caltrans Construction Manual. 2. OFFEROR's field personnel will wear white hard hats with proper suspension, orange vests with reflective tape, sleeved shirt, long pants, and leather boots with ankle support and rubber 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 Survey shall be based upon existing Caltrans horizontal and vertical control and existing pavement elevations. 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 RVPUB\HSHANE\770943.1 129 • • • • • 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 . RVPUB\HSHANE\770943.1 130 • • • RYPUB\HSHANE\770943.1 EXHIBIT "B" SCHEDULE OF SERVICES [__INSERT __j 131 • • • EXHIBIT "C" COMPENSATION AND PAYMENT For the satisfactory performance and completion of the Services under this Agreement, the Commission will pay the Consultant compensation as set forth herein. 1. ELEMENTS OF COMPENSATION. Compensation for the Services will be comprised of the following elements: 1.1 Direct Labor Costs; 1.2 Fixed Fee; and 1.3 Additional Direct Costs. 1.1 DIRECT lABOR COSTS. Direct Labor costs shall be paid in an amount equal to the product of the Direct Salary Costs and the Multiplier which are defined as follows: 1.1.1 DIRECT SALARY COSTS Direct Salary Costs are the base salaries and wages actually paid to the Consultant's personnel directly engaged in performance of the Services under the Agreement. (The range of hourly rates paid to the Consultant's personnel appears in Section 2 below.) 1.1.2 MULTIPLIER The Multiplier to be applied to the Direct Salary Costs to determine the Direct Labor Costs is 1.35184 , and is the sum of the following components: 1.1.2.1 Direct Salary Costs 1.00 1.1.2.2 Payroll Additives .35184 The decimal ratio of Payroll Additives to Direct Salary Costs. Payroll Additives include all employee benefits, allowances for vacation, sick leave, and holidays, and company portion of employee insurance and social and retirement benefits, all federal and state payroll taxes, premiums for insurance which are measured by payroll costs, and other contributions and benefits imposed by applicable laws and regulations . Exhibit C-1 132 1.1.2.3 Overhead Costs . 80614 The decimal ratio of allowable Overhead Costs to the Consultant firm's total direct salary costs. Allowable Overhead Costs include general, administrative and overhead costs of maintaining and operating established offices, and consistent with established firm policies, and as defined in the Federal Acquisitions Regulations, Part 31.2. Total Multiplier 2.15798 (sum of 1.1.2.1, 1.1.2.2, and 1.1.2.3) 1 ,2 FIXED FEE. 1.2.1 A Fixed Fee of $18,716.91 shall be paid to Consultant for Consultant's complete and satisfactory performance of the Services under this Agreement. Commission shall pay the Fixed Fee in monthly installments based upon the percentage of the Services completed at the end of each billing period, as determined in the sole discretion of the Commission's Representative, or his or her designee. Consultant shall not be entitled to and shall forfeit • any portion of the Fixed Fee not earned as provided herein. • 1.3 ADDITIONAL DIRECT COSTS. Additional Direct Costs directly identifiable to the performance of the services of this Agreement shall be reimbursed at the rates below, or at actual invoiced cost. Rates for identified Additional Direct Costs are as follows: Vehicle Cell Phone Laptop Per Diem Car mileage Rental Car Travel Photocopies (Black & White) Photocopies (Color) REIMBURSEMENT RATE $1,250.00 per month $75.00 per month $60.00 per month Actual Cost $ /current IRS rate Actual Cost Actual Cost Actual Cost Actual Cost Exhibit C-2 133 • • • • Photographs/ Other Reprographic Services Postage/Shipping Courier Service Other Rentals, supplies, purchases Actual Cost Actual Cost Actual Cost Actual Cost Travel by air and travel in excess of 100 miles from the Consultant's office nearest to the Commission's office must have the Commission's prior written approval to be reimbursed under this Agreement. 2. DIRECT SALARY RATES Direct Salary Rates, which are the range of hourly rates to be used in determining Direct Salary Costs in Section 1.1.1 above, are given below and are subject to the following: 2.1 Direct Salary Rates shall be applicable to both straight timeand overtime work, unless payment of a premium for overtime work is required by law, regulation or craft agreement, or is otherwise specified in this Agreement. In such event, the premium portion of Direct Salary Costs will not be subject to the Multiplier defined in Paragraph 1.1.2 above . 2.2 Direct Salary Rates shown herein are in effect for one year following the effective date of the Agreement. Thereafter, they may be adjusted annually to reflect the Consultant's adjustments to individual compensation. The Consultant shall notify the Commission in writing prior to a change in the range of rates included herein, and prior to each subsequent change. POSITION OR CLASSIFICATION Project Principal Resident Engineer Construction Inspector Scheduler· Admin Assistant RANGE OF HOURLY RATES $ 94.25 -$ 108.39 /hour $ 63.98 -$ 73.58 /hour $ 51.81 -$ 59.58/hour $ 56.93-$ 65.47 /hour $ 27.25-$ 31.34/hour 2.3 The above rates are for the Consultant only. All rates for subconsultants to the Consultant will be in accordance with the Consultant's cost proposal. Exhibit C-3 134 3. INVOICING. 3.1 Each month the Consultant shall submit an invoice for Services performed during the preceding month. The original invoice shall be submitted to the Commission's Executive Director with two (2) copies to the Commission's Project Coordinator. 3.2 Charges shall be billed in accordance with the terms and rates included herein, unless otherwise agreed in writing by the Commission's Representative. 3.3 Base Work shall be charged separately, and the charges for each task and Milestone listed in the Scope of Services, shall be listed separately. The charges for each individual assigned by the Consultant under this Agreement shall be listed separately on an attachment to the invoice. 3.4 A charge of $500 or more for any one item of Additional Direct Costs shall be accompanied by substantiating documentation satisfactory to the Commission such as invoices, telephone logs, etc. 3.5 Each copy of each invoice shall be accompanied by a Monthly Progress Report arid spreadsheets showing hours expended by task for each month and total project to date. 3.6 Each invoice shall indicate payments to DBE subconsultants or supplies by dollar amount and as a percentage of the total invoice. 3.7 Each invoice shall include a certification signed by the Consultant's Representative or an officer of the firm which reads as follows: I hereby certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed. Signed --:------------- Title Date Invoice No. 4. PAYMENT 4.1 The Commission shall pay the Consultant within four to six weeks after receipt by the Commission of an original invoice. Should the Commission contest any portion of an invoice, that portion shall be held for resolution, without interest, but the uncontested balance shall be paid. Exhibit C-4 135 • • • • • • ---~----···--····················---- 4.2 The final payment for Services under this Agreement will be made only after the Consultant has executed a Release and Certificate of Final Payment Exhibit C-5 136 • • • EXHIBIT "D" FEDERAL DEPARTMENT OF TRANSPORTATION FHWA AND AND CAL TRANS REQUIREMENTS Notwithstanding anything to the contrary contained in the Agreement, including the other Exhibits attached thereto, the following provisions shall apply if funding for the Services is provided, in whole or in part, from the United States Department of Transportation: 1. DISC RIM INA TION The Commission shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT-assisted contract or in the implementation of the Caltrans DBE program or the requirements of 49 CFR Part 26. The Commission shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. Consultant or subcontractor shall not discriminate on the basis of race, color, national origin, of sex in the performance of this contract. Consultant shall carry out applicable requirements of 49 CFR Part 26 and , the Caltrans DBE program in the award and administration of DOT-assisted contract~, as further set forth below. 2 . PROMPT PAYMENT Consultant agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 10 days from the receipt of each payment the prime contractor receives from the Commission. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Commission. This clause applies to both DBE and non-DBE subcontractors. 3. RELEASE OF RETAINAGE The Commission shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the Commission of the contract work and pay retainage to prime contractors based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the Commission. Federal regulations (49 CFR 26.29) require that any delay or postponement of payment over 30 days may take place only for good cause and with the Commission's prior written approval. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute 137 involving late payment or nonpayment by the prime contractor, deficient subcontract • performance, or noncompliance by a subcontractor. This provision applies to both DBE and non-DBE prime contractors and subcontractors. 4. LEGAL REMEDIES In addition to those contract remedies set forth under relevant provisions of California law, either party to this Agreement may, where applicable, seek legal redress for violations of this Agreement pursuant to the relevant provisions of 49 C.F.R. Parts 23 and 26, to the relevant federal or state statutory provisions governing civil rights violations, and to the relevant federal and state provisions governing false claims or "whistleblower" actions, as well as any and all other applicable federal and state provisions of law. The Consultant shall include a provision to this effect in each of its agreements with its subcontractors. · 5. DBE PARTICIPATION. Caltrans has developed a revised statewide DBE program pursuant to 49 C.F.R. Part 26. The requirements and procedures, as applicable, of the Caltrans DBE program are hereby incorporated by reference into this Agreement. Even if no DBE participation will be reported, Consultant shall complete Exhibits "G-1 ", "G-2" and "H" of this Agreement in compliance with the Caltrans DBE program. As part of the revised program, Caltrans has adopted a mandatory race conscious DBE Goal in addition to the race-neutral goal. RCTC • has established a 4.59% race conscious DBE participation goal and a 1.35% race neutral participation goal for the Phase 1 and Phase 2 Services, combined. The race conscious DBE participation goal excludes Subcontinent Asian and Hispanic Males, per the requirements issued by the California Department of Transportation on March 4, 2009. A. This Agreement is subject to Title 49, Part 26 of the Code of Federal Regulations entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs." Bidders who obtain DBE participation on this contract will assist Caltrans in meeting its federally mandated statewide overall DBE goal. · B. If the Agreement has an under-utilized DBE (UDBE) goal, the Consultant must meet the UDBE goal by using UDBEs as subcontractor or document a good faith effort to meet the goal. If a UDBE subcontractor is unable to perform, the Contractor must make a good faith effort to replace him/her with another UDBE subcontractor if the goal is not otherwise met. A UDBE is a firm meeting the definition of a DBE as specified in 49 CFR and is one of the following groups: 1. Black American 2. Asian-Pacfic American 3. Native American 4. Women 138 • • • • C. DBE and other small businesses (SB), as defined in Title 49 CFR, Part 26 are encouraged to participate in the performance of agreements financed in whole or in part with federal funds. The Consultant, subrecipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. The Consultant shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of US DOT-assisted agreements. Failure by the contractor to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as the Commission, Caltrans or the Department of Transportation deems appropriate. D. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section. 6. DBE PARTICIPATION GENERAL INFORMATION. It is Consultant's responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and the Caltrans DBE program. Particular attention is directed to the following: A A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the California Unified Certification Program (CUCP). B. A certified DBE may participate as a prime contractor, subcontractor, joint venture partner, as a vendor of material or supplies, or as a trucking company. C. A DBE joint-venture partner must be responsible for specific contract items of work or clearly defined portions thereof. Responsibility means actually performing, managing and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint-venture commensurate with its ownership interest. D. A DBE must perform a commercially useful function, pursuant to 49 CFR 26.55 that is, must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work, as more fully described in section 8 below. E. The Consultant shall list only one subcontractor for each portion of work as defined in the Consultant's bid/proposal and all DBE subcontractors should be listed in the Consultant's bid/cost proposal list of subcontractors .. F. A Consultant who is a certified DBE is eligible to claim all of the work in the Agreement toward the DBE participation except that portion of the work to be performed by non-DBE subcontractors . 139 7 . COMMERCIALLY USEFUL FUNCTION. A ADBE performs a commercially useful function when it is responsible for execution of the work of the Agreement and is carrying out its responsibilities by actually performing, managing, and supervising the work involved_ To perform a commercially useful function, the DBE must also be responsible with respect to materials and supplies used on the Agreement, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself_ To determine whether a DBE is performing a commercially useful function, evaluate the amount of work subcontracted, industry practices; whether the amount the firm is to be paid under the Agreement is commensurate with the work it is actually performing, and other relevant factors_ B. A DBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, Agreement, or project through which funds are passed in order to obtain the appearance of DBE participation_ In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate. C_ If a DBE does not perform or exercise responsibility for at least thirty percent of the total cost of its Agreement with its own work force, or the DBE subcontracts a greater portion of the work of the Agreement than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a • commercially useful function_ • 8. DBE CERTIFICATION AND DE-CERTIFICATION STATUS. If a DBE subcontractor is decertified during the life of the Agreement, the decertified subcontractor shall. notify the Contractor in writing with the date of de-certification. If a subcontractor becomes a certified DBE during the life of the Agreement, the subcontractor shall notify the Contractor in writing with the date of certification. Any changes should be reported to the Commission's Representative within 30 days_ 9. DBE RECORDS. A The Contractor shall maintain records of materials purchased and/or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms_ DBE prime Contractors shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. B. Upon completion of the Agreement, a summary-of these records shall be prepared and submitted on the form entitled, "Final Report-Utilization of Disadvantaged Business Enterprises (DBE)," CEM-2402F (Exhibit 17 -Fin Chapter 17 of the LAP), certified correct by the Contractor or the Contractor's authorized representative and shall be furnished to 140 • • • • the Commission's Representative with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in twenty-five percent (25%) of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to the Contractor when a satisfactory "Final Report Utilization of Disadvantaged Business Enterprises (DBE)"is submitted to the Commission's Representative. a. Prior to the fifteenth of each month, the Contractor shall submit documentation to the Commission's Representative showing the amount paid to DBE trucking companies. The Contractor shall also obtain and submit documentation to the Commission's Representative showing the amount paid by DBE trucking companies to all firms, including owner- operators, for the leasing of trucks. If the DBE leases trucks from a non-DBE, the Contractor may count only the fee or commission the DBE receives as a result of the lease arrangement. b. The Contractor shall also submit to the Commission's Representative documentation showing the truck number, name of owner, California Highway Patrol CA number, and if applicable, the DBE certification number of the truck owner for all trucks used during that month. This documentation shall be submitted on the Caltrans "Monthly DBE Trucking Verification, CEM-2404(F) form provided to the Contractor by the Commission's Representative. 10. REPORTING MATERIAL OR SUPPLIES PURCHASED FROM DBEs . When Reporting DBE Participation, Material or Supplies purchased from DBEs may count as follows, and if a DBE is also a UDBE, purchases will count towards the UDBE goal under the following conditions: A. If the materials or supplies are obtained from a DBE manufacturer, 100% of the cost of the materials or supplies will count toward the DBE participation. A DBE manufacturer is a firm that operates or maintains a factory or establishment that produces on the premises, the materials, supplies, articles, or equipment required under the Agreement and of the general character described by the specifications. B. If the materials or supplies purchased from a DBE regular dealer, count 60% of the cost of the materials or supplies toward DBE goals. A DBE regular dealer is a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Agreement, are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or maintaining a place of business provided in this section . 141 C. If the person both owns and operates distribution equipment for the products, any • supplementing of regular dealers' own distribution equipment, shall be by a long-term lease agreement and not an ad hoc or Agreement-by-Agreement basis. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this section. D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular dealer, will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on the job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services. 11. REPORTING PARTICIPATION OF DBE TRUCKING COMPANIES. When Reporting DBE Participation, Participation of DBE trucking companies may count as follows, and if a DBE is also a UDBE, credit will count towards the UDBE goal under the following conditions: A. The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible. B. The DBE must itself .own and operate at least one fully licensed, insure, and operational truck used on the Agreement. C. The DBE receives credit for the total value of the transportation services it provides on the Agreement using trucks it owns, insures, and operates using drivers it employs. D. The DBE may lease trucks from another DBE firm including an owner-operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the tr~nsportation services the lessee DBE provides on the Agreement. E. The DBE may also lease trucks from a non-DBE firm, including an owner-operator. The DBE who leases trucks from a non-DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. ·The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by the DBE. F. For the purposes of this section, a lease must indicate that the DBE has exclusive use and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the OBE, as long as the lease gives the PBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DB E. 142 • • • • • 12. Debarment, Suspension and other Ineligibility and Voluntary Exclusion. In accordance with 49 CFR Part 29, which by this reference is incorporated herein, Consultant's subconsultants completed and submitted the Certificate of Sub Consultant Regarding Debarment, Suspension and Other lnelegibility and Voluntary Exclusion as part of the Consultant's proposal. If it is later determined that Consultant's subconsultants knowingly rendered an erroneous Certificate, the Commission may, among other remedies, terminate this Agreement. 143 • • • EXHIBIT "E" CERTIFICATE OF CONSULTANT I HEREBY CERTIFY that I am the and duly authorized representative of the firm of whose address is , and that, except as hereby expressly stated, neither I nor the above firm that I represent have: (a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this agreement: nor (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the agreement; nor (c) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this agreement. acknowledge that this Certificate is to be made available to the California Department of Transportation (Caltrans) in connection with this agreement involving participation of Federal-aid Highway funds, and is subject to applicable State and Federal laws, both criminal and civil. By: Signature Name Title Date RVPUB\HSHANE\770943.1 144 • • • EXHIBIT "F" CERTIFICATE OF COMMISSION I HEREBY CERTIFY that I am the of the RIVERSIDE COUNTY TRANSPORTATION COMMISSION, and that the consulting firm of ______________ or its representative has not been required (except as herein expressly stated), directly or indirectly, as an express or implied condition in connection with obtaining or carrying out this Agreement to: (a) employ, retain, agree to employ or retain, any firm or person; or (b) pay or agree to pay, to any firm, person or organization, any fee, contribution, donation, or consideration of any kind. acknowledge that this Certificate is to be made available to the California Department of Transportation (Caltrans) in connection with this Agreement involving participation of federal-aid Highway funds, and is subject to applicable State and Federal laws, both criminal and civil. By: Signature Name Title Date RVPUB\HSHANE\770943.1 145 • • • EXHIBIT "G" DISADVANTAGED BUSINESS ENTERPRISE (DBE) This information shall be provided bv the successful Proposer/Bidder with the award [attached behind this page] . RYPUB\HSHANE\770943.1 146 • • • RVPUB\HSHANE\770943.1 Exhibit "H" Disadvantaged Business Enterprise (DBE) Final Report of Utilization of DBE [attached behind this page) 147 •• • • EXHIBIT "I" NOTICE OF MATERIALS TO BE USED TO: DATE: -----------------Resident Engineer You are hereby notified that materials required for use under Contract No. for the construction of in District ----------------------------' Co. , Route will be obtained from sources herein designated. CONTRACT ITEM NO. KIND OF MATERIAL NAME AND ADDRESS WHERE MATERIAL CAN BE INSPECTED : . . It 1s requested that you arrange for sampling, test1ng and mspect1on of matenals pnor to delivery in accordance with Section 6 of the Standard Specifications where the same is practicable and in accord with your policy. It is understood that source inspection does not relieve me of the full responsibility for the incorporating in the work materials that comply in all respects with the contract plans and specifications, nor does it preclude the subsequent rejection of materials found to be unsuitable. RVPUB\HSHANE\770943. I 148 YOURS TRULY, ADDRESS: PHONE NO . • EXHIBIT "J" DISCLOSURE OF LOBBYING ACTIVITIES [attached behind this page] • • RVPUB\HSHANE\770943.1 ' 149 • • • Local Assistance Procedures Manual EXHBITIO-Q Discosure of Lobbying Activities Exhibit I 0-Q Disclosure of Lobbying Adivities DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACnVlTIES PURSUANT TO 31 USC I 352 I. Type of Federal Action: 0 a. contract b. grant c. cooperative agreement d. loan 2. Status of Federal Action: D a. bid/offer/application b. initial award c. post-award 3. Report Type: 0 a. initial b. material change For Material Change Only: e. loan guarantee f loan insurance year __ quarter ____ -J date oflast report _____ 1 4. Nome and Address of Reporting Entity 0Prime 0 Subawardee Tier ___ , if known Congressional District,. ifknown 6. Federal Department/Agency: 8. Federa!AcdonNumber, iflmown: 10. a. Name and Address of Lobby Entity (If individual, last name, first oome, Ml) 5. If Reporting Entity in No.4 is Subawardee, Enter N•me aod Address of Prim£"; Congressional District, if known 7. Fedenll Program Name/Description: CFDA Number, ifapplicable _________ 1 9. Award Amount, if known: b. Individuals Performing Servius (including add.eso if differeot front No. I Oa) (last name, first name, Ml) (attach Conrinoation Sheet(s) if necessary) 11. Amount of Payment (cbeck alllhat apply) $ ______ 0 actual 0 planned 12. Form of Payment (cbeck all that apply): B a. cash b. in-kind; specif'y: nature, ______ _ value _____ _ 13. Type of Payment (check all that apply) ~ a. retainer b. one-time fee c. commission d. contingent fee e deferred f. othcr, spocif'y -----------1 14. Brief Description of Services Performed or to be performed and Dale(s) of Service, ineinding offic:er(s)9 employee(s), or member(s) contacted, for Payment Indicated in Item 11: (attach Continuation Sheet(s) ifne<:essary) 15. Continuation Sbeet(s) attached: Yes 0 No 0 16. Information requested through this form is: authorized by Title 31 U.S. C. Section 1352. This disclosure of lobbying: reliance was ptaced by the tier above when tJis transaelion was made or entered into. This dlsclosurc is required pursuant to 3 t U.S.C. 1352. This lnfonnarion will be reported lo Congress semisnnually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than SIO,OOO and not more than S I 00.000 for each such fail me Federal Use Only: Signature: -----------------1 Print Name: _________________ 1 Title: ------------------1 Telephone No.:---------Date: -----I Authorized for Local Reproduction Standard l'onn -LLL Standard Form LLL R.n-. 04-2&-06 LPP06-02 RVPUB\HSHANE\770943.1 150 Page 10-77 May 1,2006 EXHBIT 10-Q Local Assistance Procedures Mauual Disclosure of Lobbying Activities INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity) whether subawardee or prime federal recip;ent at the initiation or rece1pt of covered federal action or a material change to previous tiling pursuant to title 31 U.S.C. Section 1352. The filing of a fonn is required for such payment or agTeement to make payment to lobbying entity for influencing or attempting lo influence an officer or employee of any agency. a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the fonn is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Managemenl and Budget for addition~~ information. I. 1 dentity the type of covered federal action for which lobbying activity is and/or has been secured lo lntluence, the outcome of a covered federal action. 2. IdentifY the status of the covered federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the 1a&l, previously submitted report by this reporting entity for this covered federal action. 4. Enter the fuJI name, address. city, state and zip code of the reporting entity. Jnclude Congressional District if known. Check the appropriate classification of the reporting entity that designates if il is or expects to be a prime oi subaward recipient. ldenrity the tier of the subawardee, e.g., the first subawardee of the prime is the fu-st tier. Subawards include but are not limited lo subcontracts .. subgnnlS and contract awards under grants. 5. If the organization filing the report in Item 4. checks "Subawardee" then enter the full name, address, city, State and zip code of tl!e prime federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States· Coast Guard. 7. Enter the federal program name m description for the covered federal action (item 1 ). lfkDown, enter the full Catalog of Federal Domestic Assistance (CFD~) .nwnber for grants, cooperative agreements, loons and loan conuni1?Jients. 8. Enter the most appropriate federaJ identifying nwnber available for the federal action identification in item 1 (e.g., Request for Proposal {RFP) number, Invitation for Bid (JFB) number, grant announcemenl number, the contract grant or loan award number, the application/proposal control nwnber assigned by the federal agency). Include prefixes, e.g., "RFP·DE-9()..001" 9. For a covered federal action where there has been an award or loan conunitment by the Federal agency, enter the federal amount of the award/loan commibnenl<; for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in Item 4. to influenced the covered federal action. (b) Enterthe full name.q of the ind1vidual(s) performing services and include full address if differeot from 10 (a). Enter Last Name, First Name and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity {Item 4) to the lobbying entity (Item 10). Indicate whether the payment bas been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specity the nature and value of the in-kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specifY nature. 14.Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activl.ty not just time spent in actual contact wilh federal officials. Identity the federal officer(s) or emp1oyee(s) contacted or the officer(s) employee(s) or Memher(s) of Congress that were contacted. 15-Check whether or not a continuation sheet(s) is attached. 16. The certifYing official shall sign and date the form, print his/her. name title and telephone number. Pubhc reportmg burden for lhis collection of infonna.tlon js estimated to average 30-minutes per response, including time for reviewing instruclion, searching existing data sources, gathering and maintainmg the data needed, and completing and reviewlng the collection of information. Send comments.regarding the Dmden estimate or any other aspect of this coJJection of information, including suggestions for reducing this burden, to the Oflice of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF-LLL-lnstructiom> Re:v. 06-04-90flENDlF» Page 10-78 May 1,2006 RVPUB\HSHANE\770943. I LPP OIHI2 151 • • • • AGENDA ITEM 8G • • • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: May 9, 2012 TO: Riverside County Transportation Commission FROM: Western Riverside County Programs and Projects Committee Cathy Bechtel, Project Development Director THROUGH: Anne Mayer, Executive Director Amendment with STV, Incorporated for Federal Transit SUBJECT: Administration Coordination and Small Starts Support for the Perris Valley Line WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1 ) Approve Agreement No. 08-33-069-03, Amendment No. 3 to Agreement 08-33-069-00, with STV Incorporated (STV) for additional assistance with Federal Transit Administration (FTA} coordination and Small Starts program support for the Perris Valley Line project in the amount of $115,000, for a total contract amount of $31 5, 709; and 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. BACKGROUND INFORMATION: The planning division of STV assists .the Commission with FTA coordination and prepares reports required as part of the federal Small Starts funding program. The current agreement for these services, Agreement No. 08-33-069-00 was originally · for $200,709. Since that agreement was developed, staff has required more assistance from STV than originally anticipated in order to prepare unexpected and FT A-requested reports such as a rail accessibility plan, a financial plan update, white papers describing concurrent non-project activities, updated information concerning feeder bus services, and a number of other reports. STV is also preparing the submittal for the Commission's Project Construction Grant Agreement, which will allow the Commission to draw down the approved $75 million for the project. The original agreement was anticipated to run through the preliminary engineering phase of work. Continued assistance will now be required through project construction and the first two . years of revenue service operation in order to Agenda Item SG 152 prepare the reports required by FT A as the Small Starts program progresses. Acceptance of the $7 5 million requires that the Commission provide annual project status reports. A service and fare equity analysis will need to be prepared before Perris Valley Line operations begin to ensure the extension of Metrolink service will not conflict with Title VI (Civil Rights Act of 1964) requirements. A before and after study plan will need to be prepared initially in Spring 2014 and later in Spring 2016 to track the performance of the Metrolink system and connecting transit lines before and after the implementation of the Perris Valley Line. The FTA will also require ongoing updates to project elements such as cost, schedule, and budget at key construction milestones, which STV will prepare in. conjunction with the construction management consultant. STV will also provide other ongoing FT A support services during the final design, construction, and initial operation of the Perris Valley Line. Staff also requires STV's partiCipation in monthly coordination calls and meetings with the FT A. A contract amendment is requested to extend the agreement through December 31, 2016 (two years beyond start of revenue service) and add $115,000 to complete the above tasks, bringing the new total contract amount to $315.709. Financial Information . I Yes I I FY 2011/12 Amount: I $20,000 In F1scal Year Budget: N/A Year: FY 2012113 + $95,000 Source of Funds: isTIP PPM Budget Adjustment: ., No N/A GL/Project Accounting No.: 003800 81501 221 33 81501 Fiscal Procedures Approved: ~~ I Date: I 04/16/12 Attachment; Draft Agreement No. 08-33-069-03 Agenda Item 8G 153 • • • • • • Agreement No. 08~33-069-03 AMENDMENT NO. 3 TO THE AGREEMENT FOR FEDERAL TRANSIT ADMINISTRATION (FTA) COORDINATION AND SMALL STARTS APPLICATIONS SUPPORT FOR THE PERRIS VALLEY LINE (PVL) WITH STV, INC. 1. PARTIES AND DATE This Amendment No. 3 to the Agreement for Federal Transit Administration Coordination and Small Starts Application Supp()(t for Preliminary Engineering Phase for the Perris Valley Line is made and ;entired igto as of this day of , 2012, by and between the RIVERSIDE COUNTY TRANSPORTATION -C~O~M-M~ISSION ("Commission") and SJ~;( INC. ("Consultant"), a New York Corporation. ,;£;'' 2. RECITALS 2.1 ,,:'-,"c The Commission a~itt¥~tConsult~~t~~ye entered into Agreement No. 08-33-069-00 dateCJiMiJfch,f!,,l4, 200S%for the purpose of providing Federal Tnmsit Admi~}str~tion';'' Coordin<:~t,ion and Small Starts Application Support for tf;l~ Preliminary Engineering Phase of the Perris Valley~lin~ (the ~'Master Agre~n;ient';) ; ; ; ·'' '··' . ..--~.···' J \~.:..,. 2.2 The Corrunission')'~nd the c6~sultant entered into Amendment NO. 1 (Agreemertf0&7 33~069,.01 ), dated August 1, 2009, for the purpose of eiftending_theterm thereof~ · 2.3 The Commission and the Consultant entered into Amendment No. 2 (08-33-069-02), dated January 1, 2012 for the purpose of extending the term thereof. 2.4 The Commissi.on and the Consultant now desire to further amend the Master Agreement in order to perform the continued provision of the Federal · Transit Administration Coordination and Small Starts Application Support Services. 3. TERMS 3.1 The term of the Master Agreement shall be extended for an additional term of ninety-six (96) months ending on December 31, 2016 . 154 3.2 Work shall be performed at the rates set forth m the Master Agreement. 3.3 The total contract value of the Master Agreement, as amended by this Amendment No. 3, is hereby increased by One Hundred Fifteen Thousand Dollars ($115,000). 3.4 The total contract value for the Master Agreement, as heretofore amended, shall not exceed Three Hundred Fifteen Thousand, Seven Hundre9 Nine Dollars ($315,709). 3.5 Except as amended by this Amendment, all prov1s1ons of the Master Agreement, as amended by Amendments No. 1 and No. 2, including without limitation the indemnity ,and insurane~(provisions, shall remain in full force and effect and shall govern the*:'~:b~ions of the parties under this Amendment. [SIG~l:LURES ON FOLLOWING PAGE] -'~ -''. ', . ,\ . ' ~~·; 155 • • • • • • SIGNATURE PAGE TO AGREEMENT NO. 08-33-069-03 IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the date first herein above written. RIVERSIDE COUNTY TRANSPORTATION COMMISSION By:John J. Benoit; Chair APPROVED AS TO FORM By: --------~~----- Best, Best & Krieg,er General Counsel STV, INC. Signatu}e Name Title 156 • AGENDA ITEM 8H • •• • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: May 9, 2012 TO: Riverside County Transportation Commission FROM: Western Riverside County Programs and Projects Committee Mark Lancaster, Interim Right of Way Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Perris Valley Line -Utility Agreements WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to authorize the Executive Director, pursuant to legal counsel review, to execute utility agreements and utility service agreements related to the Perris Valley Line (PVL) commuter rail project on behalf of the Commission. BACKGROUND INFORMATION: The San Jacinto Branch Line -PVL commuter rail project is a 24-mile extension of Metrolink's 91 Line, currently providing service from Riverside to Fullerton and downtown Los Angeles. The extension would begin at a junction with the Burlington Northern Santa Fe line, north of the city of Riverside and turn southeast along the San Jacinto Branch Line. The terminus of the line is in the city of Perris at State Route 74 and Ethanac Road in Perris. Upon start up, the PVL project will have four new stations. It will operate through three cities (Riverside, Moreno Valley, and Perris), bringing commuter rail service to major employment centers. The project will also provide communities such as Hemet, Lake Elsinore, Menifee, Murrieta, San Jacinto, Temecula, and Wildomar closer access to the Southern California commuter rail network. DISCUSSION: Utility agreements will be required with the city of Riverside Electric and Water Divisions and Sprint Communications to relocate all utility facilities that are in conflict with project construction. As a part of establishing liability for the cost of the utility relocation, a prior rights check is performed by the utility owner and verified by the Commission's utility coordinator. The utility facilities will be relocated either before or concurrently with construction activities . Agenda Item 8H 157 The estimated cost for the Commission's share of the utility relocation work is • $2,850,000. Utility service connection (e.g., grade crossings, stations) requirements will also require the preparation and execution of utility service agreements with the local utility purveyors. Staff is recommending the Commission authorize the Executive Director to execute the utility agreements and utility service agreements on behalf of the Commission. While these are standard form agreements, an example of a draft utility agreement is included as an attachment. Financial Impact Utility relocation costs of $2,850,000 have been and will be included in the FY 2011/12 through FY 2013/14 budgets. Financial Information In Fiscal Year Budget: I Yes I I FY 20 11 I 1 2 Amount: I $ 850,000. N/A Year: FY 2012/13 + $2,000,000 Source of Funds: I Measure A Budget Adjustment: I No GL!Project Accounting No.: 003823 81401 00068 0000 221 33 81401 Fiscal Procedures Approved: ~~ J Date: j· 04/18/12 Attachment: Sample Utility Agreement Agenda Item 8H 158 • • • • •• UTILITY AGREEMENT No. 36 BETWEEN THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION AND SPRINT COMMUNICATIONS COMPANY L.P . December 12, 2011 The RIVERSIDE COUNTY TRANSPORTATION COMMISSION, hereinafter called "RCTC", has proposed a construction project to extend 24 miles of commuter rail service from the existing Riverside Downtown Station to the cities of Moreno Valley and Perris in western Riverside County, California (the "RCTC Project"). This new rail extension, known as the Perris Valley Line ("PVL"), would be operated by the Southern California Regional Rail Authority ("SCRRA"), the operators of the SCRRA!Metrolink commuter rail system. The PVL would be created by using the existing Burlington Northern Santa Fe (BNSF) and San Jacinto Branch Line ("SJBL") rail corridors with a new connection. SPRINT COMMUNICATIONS COMPANY L.P., hereinafter called "SPRINT", owns and maintains an underground high capacity fiber optic line in a 4" conduit that is within the limits of the RCTC Project and is in conflict which requires to be lowered to accommodate the RCTC Project. It is hereby mutually agreed, as of the date first set forth above, pursuant to this Utility Agreement No. 36 ("Agreement") by and between RCTC and SPRINT that: I. WORK TO BE DONE In accordance with the Relocation Claim Letter and Notice to Prepare Plans dated October 26, 2011, SPRINT shall prepare their relocation plans. Any revision to the SPRINT's plan described above, after approval by the RCTC, shall be .agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by the RCTC agreed to/acknowledged by the OWNER, will constitute an approved revision of the SPRINT's plan described above and are hereby made a part hereof. No redesign or additional engin.eering, after approval by the RCTC, shall commence prior to written execution by SPRINT of the Revised Notice to Owner and may require an amendment to this Agreement in addition to the Revised Notice to Owner. II. LIABILITY FOR WORK Existing facilities are located in their present position pursuant to rights superior to those of RCTC and will be relocated at RCTC's expense. III. PERFORMANCE OF WORK SPRINT agrees to perform the herein-described SPRINT work with its own forces qualified and licensed to complete such work or to cause the herein-described work to be performed by SPRINT 's contractor, employed by written contract on a continuing basis to perform work of this type, and. qualified and licensed to complete the SPRINT work, and to provide and furnish all necessary labor, materials, tools and equipment required therefore, and to prosecute said work skillfully and diligently to completion. Use of out-of-state personnel or personnel requiring lodging and meal ("per diem") expenses will not be allowed without prior written authorization by RCTC's representative. Requests for such permission must be contained in SPRINT's estimate of actual and necessary relocation costs . CID 504802 AID 553159 159 I UTU.ITY AGREEMENT NO. 36 SPRINT shall include an explanation why local employee or contract labor is not considered adequate for the relocation work proposed. Per diem expenses shall not exceed the per diem expense amounts allowed under the State's Department of Personnel Administration travel expense guidelines. Engineering services for locating, making of surveys, preparation of plans, specifications, estimates, supervision, inspection, are to be furnished by SPRINT and approved by the RCTC. Cost principles for determining the reasonableness and allowability of SPRINT's costs shall be determined in accordance with 48 CFR, Chapter 1, Part 31; 23 CFR, Chapter 1, Part 645; and 18 CFR, Chapter 1, Parts 101, 201 and OMB Circular A-87, as applicable. SPRINT internal and outsourced contractor rates of $75 per hour shall be deemed to comply with the foregoing provisions. • SPRINT shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the work under this Agreement, SPRINT 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 lifesaving 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. • SPRINT and RCTC shall work together to incorporate a schedule into the relocation plan of the time required for completion of the SPRINT work. SPRINT shall use its best efforts to complete the work in accordance with the agreed upon schedule. IV. PAYMENTS FOR WORK SPRINT has estimated the cost for the SPRINT work to be provided under this Agreement and, as hereinafter set forth, is the sum of $10,000.00, which shall include but not be limited to (i) engineering consultant charges, (ii) equipment and materials, (iii) company labor and company engineering, and (iv) a 10% general administrative charge applies to all SPRINT expenditures described in this section. Under the provisions of Section 706, the RCTC may, without prejudice to· its rights, advance the cost of services and if the RCTC advances such cost it is the duty of the SPRINT to provide the required services as soon as reasonably possible so as not to delay Project construction. Accordingly, RCTC agrees to advance to OWNER the sum of $10,000.00 to apply to the cost of SPRINT work to be undertaken as provided herein above. Said sum of $10,000.00 will be delivered by the RCTC to SPRINT fifteen (15) days after execution of the Agreement by the parties hereto and upon receipt of SPRINT's bill for the advance, itemized in quintuplicate, signed by a responsible official of SPRINT's organization and prepared on SPRINT's letterhead, compiled on the basis of estimated actual cost and expense. SPRINT shall maintain records of the actual costs incurred· and charged or allocated for the SPRINT work related to the project in accordance with recognized accounting principles. 17336.02300\7020580.1 2 160 • • • • I UTILITY AGREEMENT NO. 36 The final statement or billing shall be in the form of an itemized statement of the total costs charged for the SPRINT work, less the credits provided for in this Agreement, and less any amounts covered by progress billings. However, RCTC shall not pay final bills which exceed the estimated cost of this Agreement without docwnentation of the reason for the increase of said cost from SPRINT and approval of documentation by RCTC. Except, if the final bill exceeds SPRINT's estimated costs solely as the result of a Revised Notice to Owner as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation. In any event if the final bill exceeds 125% of the estimated cost of this Agreement, an amended agreement shall be executed by the parties to this Agreement prior to the payment of SPRINT's final bill. Notwithstanding any other provision of this Agreement, any and all increases in costs that are the direct result of deviations from the SPRINT work described in Section I and Section II of this Agreement shall have the prior concurrence of RCTC. Detailed records from which the billing is compiled shall be retained by SPRINT for a period of three years from the date of the final payment and will be available for audit by State and/or Federal auditors. SPRINT agrees to comply with Contract Cost Principles and Procedures as set forth in 48 CFR, Chapter I, Part 31, et seq., 23 CFR, Chapter 1, Part 645 and/or"18 CFR, Chapter 1, Parts 101, 201, et al. SPRINT internal and outsourced contractor rates of $75 per hour shall be deemed to comply with the foregoing provisions. If a subsequent State and/or Federal audit determines payments to be unallowable, SPRINT agrees to reimburse RCTC upon receipt of RCTC billing . V. GENERAL CONDITIONS All costs accrued by SPRINT as a result of RCTC's request of 10/26/11 to review study and/or prepare relocation plans and estimates for the SPRINT work associated with this Agreement may be billed pursuant to the terms and conditions of this Agreement. If the RCTC project which precipitated this Agreement is canceled or modified so as to eliminate the necessity of the SPRINT work by SPRINT, RCTC will notify SPRINT in writing and RCTC reserves the right to terminate this Agreement by amendment. The amendment shall provide mutually acceptable terms and conditions for terminating this Agreement. All notices hereunder and communications regarding interpretation of the terms of this Agreement or changes thereto shall be given to the respective parties at the following addresses, or at such other addresses as the respective parties may provide in writing for this purpose: RCTC Riverside County Transportation Commission Riverside County Regional Complex 4080 Lemon Street, Third Floor Riverside, CA 92507 Attn: Gina Gallagher 17336.02300\7020580.1 3 161 SPRINT Sprint Communications Company L.P. 6391 Sprint Parkway MS: KSOPHT0101-Z2040 Overland Park, KS 66251 Attn: Manager, Real Estate I UTILITY AGREEMENT NO. 36 Any notice so given shall be considered received by the other party three (3) days after deposit in the U.S. Mail as stated above and addressed to the party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. ESTIMATED COST TO RCTC FOR ITS SHARE OF THE ABOVE DESCRffiED SPRINT WORK IS $10,000.00. [Signatures on following page] I 7336.02300\7020580.1 4 162 • • • • • • I UI1LlTY AGREEMENT NO. 36 I SIGNATURE PAGE TO UTILITY AGREEMENT NO. 36 IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written. LOCAL AGENCY: Riverside County Transportation Commission By: ____________________________ __ APPROVED AS TO FORM: Best Best & Krieger LLP By: __________________________ _ By: ________________________________ _ General Counsel to Riverside County Transportation Commission. OWNER: Sprint Communications Company L.P. ~~ B~ ~ ' I stateManagef 17336.02300\7020580.1 5 163 • AGENDA ITEM 81 • • • • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: May 9, 2012 TO: Riverside County Transportation Commission -----------------------------------11 Budget and Implementation Committee Josefina Clemente, Transit Manager FROM: --------~------------------------_,1 THROUGH: Anne Mayer, Executive Director __________________________________ _,. SUBJECT: Amendment to Riverside Transit Agency and Sunline Transit Agency's Fiscal Year 2011/12 Short Range Transit Plans BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1 ) 2) 3) 4) 5) 6) Approve modification to Riverside Transit Agency's (RTA) FY 2011/12 capital improvement program to reflect an additional $2.065 million in Section 5309 State of Good Repair (SGR) program funds and $5,889,196 in FY 2010/11 Proposition 1 B Capital and Security grant funding; Allocate $1.305 million in Transportation Development Act (TDA) Local Transportation Fund (L TF) funds to provide capital matching funds for the FY 2011/12 Section 5309 program funds awarded to RTA for its paratransit revenue vehicle purchase and facility rehabilitation projects; Approve modification to RTA's FY 2011/12 operating assistance funding by allocating up to $19,000 in 1989 Measure A Western Riverside County Highway funds to implement a temporary shuttle service Route 54 to support the State Route 91 high occupancy vehicle (HOV) lanes construction project; Approve modification to Sunline Transit Agency's (Sunline) FY · 2011/12 operating assistance funding by reflecting a net increase of $83,698 resulting from an increase in federal Section 5307 funds ( + $1 ,026,623), reduction in projected farebox revenues (-$834, 774), a decrease in fuel rebates (-$150,000), and additional Air Quality Management District (AOMD) grant funds ( + $41 ,849) for the special transit services for Coachella and Stagecoach Festivals; Approve modification to Sun line's FY 2011112 capital assistance funding by reflecting an additional $4,917,876 in federal Section 5308 Transit Investments for Greenhouse Gas and Energy Reduction (TIGGER) funds for fuel cell bus purchases and an additional $546,430 in Section 5307 funds for paratransit buses and facility improvement in lieu of TDA State Transit Assistance (ST A) funds; Allocate $546,430 in STA funds to provide capital matching funds for the FY 2011/12 Section 5308 program funds awarded to Sunline for the fuel cell buses; and Agenda Item 81 164 7) Approve amendments to RTA and Sunline's Short Range Transit Plans (SRTP) to reflect the changes outlined above. BACKGROUND INFORMATION: At its July 13, 2011 meeting, the Commission approved and adopted the FY 2011/12 operating and capital funding allocations for Riverside County based on the FY 2011/12 SRTP updates prepared by the eight transit operators providing public transit services in the county. Since that time, RT A received additional federal Section 5309 grant awards, as well as state bond funds from the Public Transportation Modernization, Improvement, and Service Enhancement Account (PTMISEA) and the California Transit Security Grant Program-California Transit Assistance Fund (CTSGP-CTAF) under the FY 2009/10 Proposition 1 B grant program. In April 2012, RTA, in partnership with the Commission, will also implement a temporary shuttle service, Route 54, to support the SR-91 HOV lane construction project. Sunline also received new federal Section 5308 capital funds that necessitate adjustments in the configuration of approved ST A and federal Section 5307 capital funding. Sun line's operating funds also need to be reconfigured to reflect additional Section 5307 operating funds requested as a result of decreased farebox • revenue and a reduction in fuel rebate that was partially offset by additional • revenues from AQMD funds and required matching funds to meet Sunline's mandated TDA farebox recovery ratio. RTA Operating Assistance RT A's currently approved funding structure for operating assistance is outlined in Attachment 1, Table 1 a, which is contained in the approved SRTP. Table 1 b shows the proposed modified operating assistance funding distribution. RTA is requesting approval to modify its FY 2011/12 operating funding to reflect an increase of $19,000 in 1989 Measure A Western County Highway funds. The additional Measure A funds will be used to implement a temporary shuttle service, Route 54, to operate between Downtown-Riverside station and the Riverside County Administration Center. The shuttle service is needed to provide service to both public and county employees during the initial construction activities associated with the SR-91 HOV lanes project and the planned incremental closure of the Riverside County Administration Center parking lot adjacent to SR-91 between Eleventh and Lime Streets. Route 54 is anticipated to begin service on April 16, 2012, and will operate for a period of approximately 24 months for six revenue hours per day during weekdays. The service· will be offered at no charge to Riverside County employees and the public. Agenda Item 81 165 • • • • RT A Capital Assistance Table 2a of Attachment 1 shows the currently approved capital requests based on the initial SRTP capital funding plan and Table 2b shows the proposed capital project requests based on actual revenues received by RT A during FY 2011 I 1 2. Modification requests are as follows: • Reflect an additional $5,589,196 in Proposition 1 B Capital and Security grant funds (combination of FY 2009/10 and FY 2008/09 PTMISEA allocations) for revenue vehicle rolling stock; • Reflect $291,000 in Proposition 1 B Security funds (FY 2009/10 CTSGP- CT AF allocation) awarded to RT A for safety and security projects; • Reflect the newly awarded $2,065,000 in capital funds under the SGR Discretionary Program for the Dial-a-Ride (DAR) vehicle replacement project for $735,000 and Riverside and Hemet facility rehabilitation project for $1,330,000; and • Allocate a total of $1,305,000 in LTF funds to provide matching funds for the above SGR projects. Sunline Operating Assistance Table 1 a of Attachment 2 outlines the currently approved funding structure for Sunline' s operating assistance which is contained in the approved SRTP while Table 1 b shows the modified funding distribution. Sunline is requesting approval to modify its operating funding as follows: • Reflect a decrease of $834,774 in farebox revenue; • Reflect a decrease in other revenues due to decrease in fuel rebate by $150,000; • Recognize other revenues of $41,849 expected from AQMD for extra services for the Coachella and Stagecoach Festivals; and • Reflect an increase of federal Section 5307 funds by $1,026,623 for preventive maintenance to offset the decrease in farebox and other revenues and comply with the mandated farebox recovery ratio of 17 .8%. With the above adjustments, the net effect on Sunline's operating assistance for FY 2011/12 is a net increase of $83,698. Sunline' s Capital Assistance Table 2a of Attachment 2 shows the original capital requests contained in the approved SRTP and Table 2b outlines the modified capital funding to recognize the additional Section 5307 funding request as well as the new Section 5308 federal funding received by Sunline. Modification requests are as follows: Agenda Item 81 166 • • Reflect the new capital funding of $4,917,876 in Section 5308 federal funds for the purchase of two new fuel cell buses and allocate ST A matching funds for $546,430 by reducing the STA matching funds from the replacement paratransit buses and facility improvement projects by the same amount without requesting additional ST A monies; and Reflect additional $546,430 in federal Section 5307 funding to offset the reduced STA matching funds for the replacement paratransit buses and facility improvement projects. Overall, these modifications increased Sunline's FY 11/12 capital funding by $5,464,306. Financial Impact Staff reviewed RTA and Sunline's revised plan and recommends approval of its operating and capital funding modifications and related amendments to the FY 2011/12 SRTP. • Sun line's modifications do not have financial impacts to the Commission since the additional revenues stem from federal funds. For RTA's modifications, the financial impact to the Commission is the allocation of Measure A and L TF funds. There is sufficient funding in the 1989 Measure A Western Riverside County Highway FY 2011/12 right of way expenditures budget to cover the additional $19,000 to • support RTA's operation of temporary shuttle service in FY 2011/12. At its April 2012 meeting, the Commission approved an agreement with RTA for the shuttle service. The 2011/12 budget is sufficient for the increased L TF capital expenditures and no budget amendment is required to support this request. Financiallnfonnation In Fiscal Year Budget: I Yes IYear: I FY 2011/12 Amount: I $1,324,000 s f F d 11989 Measure A Western Riverside ource o un s: . Htghway, Western County LTF Budget Adjustment: I No GLA No.: I 003005 81401 222 31 81401 $ 19,000 002210 86102 601 62 86102 $1,305,000 Fiscal Procedures Approved: ~~~ j Date: j 04/16/12 Attachments: 1) RTA FY 2011/12 Operating and Capital Assistance by Funding Source 2) Sunline FY 2011/12 Operating and Capital Assistance by Funding Source Agenda Item 81 167 • • Table 1a. Currently Approved Operating Fundina Plan Project Description Operating Assistance Operatmg Assistance. CTSA QASB 43/45 ARC OCTA 794 Commuterlink 212 & 217 Extended Fixed Route Serv~ce Farebox (Cash, Tix, Passes) Travel Training COAIBRT Study 1 Federal Excise Tax Credit Interest Income AdVertising Revenue CNG Sales Lease Revenue Cal PERS CERBT Reimbursement Capitalized Preventive Maintenance Capital Cost of Contracting Total: Operating Total Amount of Funds 26,385,883 605,113 645,000 129,100 750,489 673.059 9,284.413 213,026 400.000 50.000 18.000 250.000 200 000 9,187.500 5,312.500 LTF 22.939,055 645,000 47,130 94.810 21,303 1.837,500 1.062.500 $54,104,0831 $26,647,298 Table 1b. Modified Qperauna funding Ptan LTF Western I County Reserve STA $0 $0 • Riverside Transit Agency FY 2011112 SRTP-Table# 4 Amendment# 1 STA (RCTC Reserves) Table 1 ·Operating Assistance Measure A Operating Assistance 1,164,397 524,300 I 21,303 Measure A Operating Assist.ocel Sec1ion 53071 Section 5307 RCTC -Riv-San -Temecula/ Reserves Bernard1no Murrieta 6,223 80,813 129,100 328,114 24.1,719 4.350.000 I 3.000.000 1,250,000 3,000,000 Section 5307-Hemet/San Jacinto 1,850,000 SO( $1,710,0001 $785,9691 $5,600,0001 $6,000,0001 $1,850,000 Section 5309-Section State of Good 5309 Section Repair Carryover 5311 426.208 2•o.ooo I so Operating Assistance 26,385,883 22.939,055 1,164,397 6,223 1,850,000 426.208 Operating Assistance • CTSA 605,113 524,300 80,813 GASB 43145 AR~ 645,000 645,000 OCTA 794 129.100 129,100 375,245 336,530 85,210. I 160.000 I CommuterUnk212&217 750,489 47,130 328,114 375,245 Extended Fixed Route Service 673,059 94,810 241,719 336,530 • ATIACHMENT1 Prop 18 I Farebo)( I Security Other I I I 9.284,413 85,210 I I I 50,000 18,000 250,000 200.000 $9,802,413 Farebox {Cash, T!x. Passes) 9,284,413 9,284,413 Travel Tra·,ning 213,026 21,303 21,303 85,210 85.210 COA/BRT Study~ 400.000 240,000 160,000 Federal Excise Tax Credit Interest Income 50.000 50.000 Advertising Revenue 18.000 18,000 CNG Sales 250.000 250,000 Lease Revenue Cal PERS CERBT Reimbursement 200.000 200,000 Capitalized Preventive Maintenance 9,187.500 1 ,837,500 4,350,000 3,000,000 Capital Cost of Contracting 5,312,500 1,062,500 1 .250,000 3,000,000 91 Hwy Pro'ect Shuttle-Route 54 fs:ooo ~1g,QQ1J" Total: Operating 154,123,083 $26,647,298 so so so $1,729,000 $785,969 $5,600,000 ss,ooo,ooo $1,850,000 so $240,ooo $426,208 S16o,ooo $796,985 185,210 so so $9,802,413 DIFFERENCE BETWEEN CURRENTLY APPROVED & MODIFIED OPERATING PLAN 168 Riverside Transit Agency ATIACHMENT1 FY 2011/12 SRTP -Table# 4 Amendment# 1 Table 2 • Capital Assistance Table 2a. Currently Approved Capital Funding Plan Measure A Operating Section Section LTF Western STA Measure A Assistance Section 5307 Section 5307 5307 ~ Section 5309 • Section 5317 T alai Amount County (RCTC Operating RCTC # Riv~San ~Temecula/ Hemet/San State of Good 5309 Section TUMF Sect1on New I Prop 1 B I Prop 1 B I Farebox I Pro'ect Descri lion of Funds LTF Reserve STA Reserves) Assistance Reserves Bernardino Murrieta Jacinto Repair Carryover 5311 Carryover 5316 JARC Freedom PTMISEA Security Other Revenue Vehicles· (85) DO Heavy Duty 18,659,314 10,225.000 4,213,408 2.220,906 I I I 2,000,000 Revenue Vehicles-(3) Commuterlii'lk E-Lo's 524,794 104,959 419,835 Revenue Vehicles· (6) COFR E-Lo's 1,052,000 210,400 841,600 Revenue Vehicles-(17) DAR Type tl's 1,318,451 224,137 1,094,314 Non-Revenue Vehicles-(9) Support Vehicles 135,791 27,158 108,633 Non-Revenue Vehicles-(2) Travel Training 40,000 4,000 4,000 I I I I I I I 16.ooo I 16,000 Non-Revenue Vehicles-(3) S&Z Trucks 161,625 32,325 129,300 Capital Maintenance Spares 1,678,372 335,674 1,342,698 Capitalized Tire Lease 243,034 48,607 194,427 Bus Stop Amenities Maintenance Equipment Facility Maintenance Information Systems-Travel Training Total: Capital sol SOl $2,000,000 Table 2b. Modified Capital Funding Plan Revenue Vehicles-(85) DO Heavy Duty . 24 • .<4~,51 0 10,225,000 4,213,408 2.220,906 I I I I I I I I I 5,589,196 I I 2.000.000 Revenue Vehicles-(3) Commuterlink E-Lo's 524.794 104,959 419,835 Revenue Vehicles-(6) COFR E-Lo's 1,052.000 210.400 841,600 Revenue Vehicles· (17) OAR Type tl's 1,318.451 224,137 1,094,314 Non-Revenue Vehicles-(9) Support Vehicles 135.791 27,158 108,633 Non-Revenue Vehicles· (2) Travel Training 40.000 4,000 4,000 I I I I I I I 16.ooo I 16,000 Non-Revenue Vehicles-(3) S&Z Trucks 161,625 32,325 129,300 Capital Maintenance Spares 1,678,372 335,674 1,342,698 Capitalized Tire Lease 243,034 48,607 194,427 Bus Stop Amenities Maintenance Equipment Facility Maintenance 897,276 179,455 717,821 Information Systems· Travel Training 5,200 520 520 I I I I 2.080 I 2,080 Security Projects-Prop 1 B ~91,000 I I 291.000 Revenue Vehicles-(21) OAR Type ll's ·1.470.090 735,000 ,., '·· ,!35,0~0 Facitlity Rehabiliation-Riverside & Hemet 1.900,000 570,000 . j ,330,000' Total: Capital S33,966,053 S1,309,520 $10,225,000 $4,213,408 S3,383,621 $4,520 $0 $4,848,628 so so s2.oo5,ooo I sol sol sol S18,080I $18,0801 $5,589,1961 $291,0001 sz,ooo.ooo • • 9 • ". SUNLINE. AGENCY FY 2011112 SRTP-TABLE 4 AMENDMENT #1 Table 1 ~Operating Assistance Table 1 a. Cu~_A.PPr9ved Operating Fu~dlng Plan Total Amount Prol&ctDucnptocn lnci~::;;;;.~~Yn:ver I Wltho~~~:~ryovt~r Tora~~:~~tver "' Carrvover LTF' M"<ISUII!A Federa1Sec5307 ratrnoAssistan• 20.210.153)$ 20.210.153 10.258_596 -Is 4.256.861 924.804 PrevenbveMa~ 1..rul?,-'.Q_1 L2SO.QQQ 717.201 46L2Qj L2SMJlO Total: Operatln 22,177.3_54 21460.153 717.201 10,258.596 467.201 4.256.881 2.174,804 Funding Plan 83.698 . I 1.026,623 . I Table 2. Capital Assistance raote;,:a, ·urremt A rovea._.a 1{011 runarn I"' tan Total Amount Prop 18 Capital Capital Total Amount Without Carryover TotiiCiirryover Carryover l TF Federal Section Carryover Prop 1B Transit Transit ProectDescrr lion Proect# lnctudln·~ Carrvover Funds Amount LTF Funds STA 5307 Federal Sec 5307 Federal Sec 5308 Securtt'{Funds PTMISEA R ; 0 .,.,. 1 16oooo I • 160000 7R p ,,. •• ,. •• , .. SL-12-02 665.000 665.000 r nsitEnhrncem n ·12<3 65.1 7 48.721 16957 Tr nsrtSec rFtV Protect FY1 111 l-12..04 394 9_11 . 394927 F_acihtvlmor m o ·1'.05 ""00 ssoooo A rnrs '"' FY1 /11 hr FY1 1131 ·1'.(]6 10 770 868 10 770 868 "' F ' SL-11-07 120 000 120.000 ike rn Machrn SL-12-08 75.000 75.000 TS Proloo1 SL·12-09 50000 50J.OOO Transr PI nnrn mi Feae1bihtv Studv _ .SL-12·1 4'0000 4'0000 Is M rntenanceT "' ".p. 100 000 101000 n rrr R P nnrn .SL.12-1 500 000 500.000 Total: Ca ltal 14351473 14334 516 16,957 $ . s raDieZD. ModtTiea \,;a Ita! r-unama t'lan R h ilita n <1-17.01' 16000 1'0000 7 Reolacemen P lriitl'a_nsit Buzes SL-12-02 '"' nno '"'no Transi!Enhanc men SL-12.03 65.67 48 7?1 16957 Tr Ln.srtSec.ur Pr ct FY1D/11 <1.1 3940?7 304,7 F ih lm r v m n 5L·12-05 550.000 550 000 Admrn aiv' Rid FYI0/11 hr FVt?/13 _,_,, 1 770 Rr:.8 1 nn r 68 ffi Furn r ·12<7 120000 120 ooo Tik n in Ma rn ·1'-"' 7<000 "' 0 TS Prore t -12-09 500 000 500.000 Tr nsi Pannin and Feasibrl S d SL-12·10 450.000 450.000 Main! n nee Tooll Eo:t~rJ ment • ·11 lQOMO 100 00 n r rise Reso r Plannin s ·1 ·12 500000 500000 F IC•IIR• "" <41'4'M 5 464 306 TotaiCa ltal 19 815 779 19 798822 16957$ • $ Difference Between Currently Approved and Modified Capital Plan ' 5.464306 I 5.4-64J06 ' I Note Total Revenue for PIP calculation rnclude' Farebox of $2.950.000, Other Revenue (Fuel Rebate. AQMD Gromt) ot $391.849 and $625.000 of Me"asure A, Other Revenues equals $350.000 in fuel rebate plus $41.849 from AQMO for the Coachlilfla & Stagecoach special services Apnl2012 ($391.649 total). Sun Line is usina carrvover Secbon 5316 funds of $16 957 from the 2009 CaD for -Oroiects for transit enhancement imcrovements Is 32.000 128.000 165.000 100.000 13m '"" 394 927 450 000 100000 500.000 400.000 987086 24.000 96.000 75.000 .0.00 000 .2DO~OO 3ooooo Is 150 000 201100 I • 80000 500.000 -I 2779135 $ 1 289586 $ • $ • $ 394.927 $ 9 70868 $ I. 37000 PRDOO 1.· . "'"" ..... ;~., I, 13 13~ 35586 s· 394.927 .... ,~· '144'" I, 500000 400000 9.170.868 '4 000 06 00 • 75 ono I, """ '0' nno 00000 150 000 OOMO '0 '0' OMOM '"" ~" 4 17.87 .. 2779 135 $ 1 836,016 s • $ 4917876 $ 394927 I 9870868 $ . I I 546 430 $ . I 4 917 876 I • • 170 . I Feder.1l Sec ATTACH. Other Revenue 500.000 500.000 Farebo ~ 3.784.774 3.784774 5316 Federal Sec 5317 Federal Sec 5309 1ll>? ·--16957 ' 16957 16957 $ . I s s • AGENDA ITEM SJ • • • • • . . RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: May 9, 2012 TO: Riverside County Transportation Commission Western Riverside County Programs and Projects Committee FROM: Jillian Edmiston, Staff Analyst Brian Cunanan, Commuter and Motorist Assistance Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Agreement for the Operation of the Freeway Service Patrol Program in Riverside County WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1) 2) Approve Agreement No. 12-45-068-00 with the California Department of Transportation (Caltrans) for the operation of the Riverside County Freeway Service Patrol (FSP) program in the amount of $1,653,564 in state funding for FY 2011 /12; and Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. BACKGROUND INFORMA TJON: In 1986, the Commission established itself as the Riverside County Service Authority for Freeway Emergencies (RC SAFE) after the enactment of SB 1199 in 1985. The purpose of the formation of SAFEs in California was to provide call box services and, with excess funds, provide additional motorist aid services. Funding for RC SAFE is derived from a one dollar per vehicle registration fee on vehicles registered in Riverside County. Initially, these funds were used only for the call box program. As additional motorist aid services were developed, SAFE funds were also used to provide FSP and the Inland Empire 511 traveler information services as part of a comprehensive motorist aid system in Riverside County. In 1990, Proposition C was passed to fund transportation improvements and to help reduce traffic congestion in California. From this, the FSP program was created by Caltrans, which developed the corresponding Local Funding Allocation Plan to distribute funds to participating jurisdictions through a formula based on Agenda Item 8J 171 population, urban freeway lane miles, and levels of congestion. In March, the • Commission received the attached funding agreement from Caltrans for FY 2011/12. Caltrans funding agreements are reimbursement based and allow for the carryover of contract balances not expended in the agreements stated fiscal year. This allows the Commission to fully expend allocated amounts and also helps to accommodate the timing of the Caltrans allocation release which is typically later during the fiscal year for which it is intended. The table below summarizes the use of these funding agreements by fiscal year: Amount Expended Caltrans funding Agreement fY 2009 FY2010 FY2011 FY2012 09-45-069-00 ($1,656,238} $ 264,998 $1,391,240 10-45-036-00 ($1,657,171) $ 192,643 $1.464,523 11-45-105-00 ($1,577,721) $ 303,402 $ 834,977 Unexpended balance of 11-45-11J5-00 as of January 31, 2012 $ 439,342 The Caltrans funding agreement for FY 2011/12 provides for continued state funding in the amount of $1 ,653,564. The Commission will fund the required local match of $413,392 with SAFE revenues. As with prior funding agreements, any state funds not claimed in the current fiscal year will be carried over and claimed in • FY 2012/13. A budget adjustment is not required and upon approval of this agenda item, the Commission will execute this fund transfer agreement with Caltrans. The Commission, acting in its capacity as the SAFE, is the principal agency in Riverside County, in partnership with Caltrans and the California Highway Patrol, managing the FSP program. The purpose of the FSP program is to provide a continuously roving tow serv.ices patrol along designated freeway segments (referred to as beats) to relieve freeway congestion and facilitate the rapid removal of disabled vehicles and those involved in minor accidents on local freeways. Currently, the Commission contracts with four tow truck operators to provide service on a total of nine beats Monday through Friday during the peak commute hours, 5:30 a.m. to 8:30 a.m. and 3:00 p.m. (1 :00 p.m. on Fridays) to 7:00 p.m. In FY 2010/11, FSP performed over 45,000 assists. Agenda Item 8J 172 • • • • In Fiscal Year Budget: Yes N/A Financial Information Year: FY 2011 !12 FY 2012!13+ Source of Funds: State of California Amount: $200,000 $1 ,453,564 Budget Adjustment: No N/A GL!Project Accounting No.: 002173 415 41508 0000 201 45 41505 ----------r-------------------------.-----.-----------~1 Fiscal Procedures Approved: ~~ 04/12!12 Attachment: FSP Fund Transfer Agreement Agenda Item 8J 173 • • • FREEWAY SERVICE PATROL PROGRAM FUND TRANSFER AGREEMENT (Non Federal} Agreement No. FSP12-6054(070) Project No. FSP12-6054(070) Location: 08-RIV-Var-RCTC Advantage ID: 0812000209 THIS AGREEMENT, effective on July 1, 2011, is between the State of California, acting by and through the Department of Transportation, hereinafter referred to as STATE, and the Riverside County Transportation Commission, a public agency, hereinafter referred to as "ADMINISTERING AGENCY." WHEREAS, Streets and Highway~ Code (S&HC) Section 2560, et seq. authorizes STATE and administering agencies to develop and implement a Freeway Service Patrol (FSP) program on traffic-congested urban freeways throughout the state; and WHEREAS, STATE has distributed available State Highway Account funds to administering agencies participating in the FSP Program in accordance with S&HC Section 2562; and WHEREAS, ADMINISTERING AGENCY has applied to STATE and has been selected to receive funds from the FSP Program for the purpose of Freeway Service Patrol for FY 2011-2012, hereinafter referred to as "PROJECT"; and WHEREAS, proposed PROJECT funding is as follows: Total Cost $2,066,956.00 State Funds $1,653,564.00 Local Funds $413,392.00 ; and WHEREAS, STATE is required to enter into an agreement with ADMINISTERINGAGENCY to delineate 'the respective responsibilities of the parties relative to prosecution of said PROJECT; and WHEREAS, STATE and ADMINISTERING AGENCY mutually desire to cooperate and jointly participate in the FSP program and desire to specify herein the terms and conditions under which the FSP program is to be conducted; and WHEREAS, ADMINISTERING AGENCY has approved entering into this Agreement under authority of Resolution No. approved by ADMINISTERING AGENCY on _________ , a copy of which is attached. For Caltrans Use Only I hereby Certify upon my own personal knowledge that budgeted funds are available for this encumbrance Accounting Officer I Date I Budget Year I PEC/PECT IT ASK I SUBTASK I Fund Source I $1,653,564.00 33 I 2011 12660-102-04212011/2012120.30.010.6001 2620/0040 I I I I I Page 1 of 7 174 1102-042-T I Non-Fed FSP NOW, THEREFORE, the parties agree as follows: SECTION I STATE AGREES: 1. To define or specify, in cooperation with ADMINISTERING AGENCY, the limits of the State Highway segments to be served by the FSP as well as the nature and amount of the FSP dedicated equipment, if any, that is to be funded under the FSP program. 2. To pay ADMINISTERING AGENCY the STATE's share, in amount not to exceed $1 ,653,564.00, of eligible participating PROJECT costs. 3. To deposit with ADMINISTERING AGENCY, upon ADMINISTERING AGENCY's award of a contract for PROJECT services and receipt of an original and two signed copies of an invoice in the proper form, including identification of this Agreement Number and Project Number, from ADMINISTERING AGENCY, the amount of $264,570.24. This initial deposit represents STATE's share of the estimated costs for the initial two months of PROJECT. Thereafter, to make reimbursements to ADMINISTERING AGENCY as promptly as state fiscal procedures will permit, but not more often than monthly in arrears, upon receipt of an original and two signed copies of invoices in the proper form covering actual allowable costs incurred for the prior sequential month's period of the Progress Payment Invoice. (The initial deposit will be calculated at 16% of • the STATE's total share.) · 4. When conducting an audit of the costs claimed by ADMINISTERING AGENCY under the • provisions of this Agreement, STATE will rely to the maximum extent possibleonany prior audit of ADMINISTERING AGENCY performed pursuant to the provisions of state and federal laws. In the absence of such an audit, work of other auditors will be relied upon to the extent that work is acceptable to STATE when planning and conducting additional audits. SECTION II ADMINiSTERING AGENCY AGREES: 1. To commit and contribute ma.tching funds from ADMINISTERING AGENCY resources, which shall be an amount not less than 25 percent of the amount provided by STATE from the State Highway Account. 2. The ADMINISTERING AGENCY's detailed PROJECT Cost Proposal is attached hereto and made an express part of this Agreement. The detailed PROJECT Cost Proposal reflects the provisions and/or regulations of Section Ill, Article 8, of this Agreement. 3. To use all state funds paid hereunder only for those transportation related PROJECT purposes that conform to Article XIX of the California State Constitution. Page 2 of 7 Non-Fed FSP 175 • • • • 4. STATE funds provided to ADMINISTERING AGENCY under this Agreement shall not be used for administrative purposes by ADMINISTERING AGENCY. Said administrative costs may be credited toward ADMINISTERING AGENCY's PROJECT matching funds provided claimed administrative costs are specified on ADMINISTERING AGENCY's invoice submittal. If said administrative costs are "indirect", as defined in 2 CFR, Part 225, Cost Principles for State and Local Government, the costs must be allocated in accordance with an lndir.ect Cost Allocation Plan (ICAP), reviewed and approved by STATE's Office of Audits and Investigations, for each applicable fiscal year. 5. To develop, in cooperation with STATE, advertise, award, and administer PROJECT contract(s) in accordance with ADMINISTERING AGENCY competitive procurement procedures, in compliance with 49 Code of Federal Regulations (CFR), Part 18.36. 6. Upon award of a contract for PROJECT, to prepare and submit to STATE an original and two signed copies of invoicing for STATE's initial deposit specified in Section I, Article 3. Thereafter, to prepare and submit to STATE an original and two signed copies of progress invoicing for STATE's share of actual expenditures for allowable PROJECT costs. 7. Said invoicing shall evidence the expenditure of ADMINISTERING AGENCY's PROJECT participation in paying not less than 20% of all allowable PROJECT costs and shall contain the information described in Chapter 5 of the Local Assistance Procedures Manual (LAPM). Invoicing shall demonstrate ADMINISTERING AGENCY'S PROJECT participation by showing a matched expenditure of funds of at least 25% of the amount provided by the STATE. ADMINISTERING AGENCY invoices shall be submitted to: State of California Department of Transportation Division of Traffice Operations, MS 36 Office of System Management Operations 1120 "N" Street Sacramento, CA 94274-0001 8. Within 60 days after completion of PROJECT work to be reimbursed under this Agreement, to prepare a final invoice reporting all actual eligible costs expended, including all costs paid by ADMINISTERING AGENCY and submit that signed invoice, along with any refund due STATE, to the address referenced above under Section II, Article 7. Backup information submitted with said final invoice shall include all FSP operational contract invoices paid by ADMINISTERING AGENCY to contracted operators included in expenditures billed to STATE under this Agreement. 9. COST PRINCIPLES A) ADMINISTERING AGENCY agrees to comply with, and require all project sponsors to comply with, 2 CFR, Part 225, Cost Principles for State and Local Government, and 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. · ~age 3 of 7 Non-Fed FSP 176 B) ADMINISTERING AGENCY will assure that its Fund recipients will be obligated to agree that • 1) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items, and 2) those parties shall comply with Federal administrative procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Every sub-recipient receiving Funds as a contractor or sub-contractor under this Agreement shall comply with Federal administrative procedures in accordance with 49· CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. C) Any Fund expenditures for costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 225, 48 CFR, Chapter 1, Part 31 or 49 CFR, Part 18, are subject to repayment by ADMINISTERING AGENCY to STATE. Should ADMINISTERING AGENCY fail to reimburse Fund moneys due STATE within 30 days of demand, or within such other period as may be agreed in writing between the Parties hereto, STATE is authorized to intercept and withhold future payments due ADMINISTERING AGENCY from STATE or any third-party source, including, but not limited to, the State Treasurer, the State Controller, and the Cqlifornia Transportation Commission. 10. THIRD PARTY CONTRACTING A) ADMINISTERING AGENCY shall not award a construction contract over $10,000 or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code Sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed using Funds without the prior written approval • of STATE. B) Any subcontract or agreement entered into by ADMINISTERING AGENCY as a result of disbursing Funds received pursuant to this Agreement shall contain all of the fiscal provisions (Section II, Paragraphs 9, 11, 12, & 13) of this Agreement; and shall mandate that travel and per. diem reimbursements and third-party contract reimbursements to subcontractors will be allowable as project costs only after those costs are incurred and paid for by the subcontractors. C) In addition to the above, the preaward requirements of third party contractor/consultants with ADMINISTERING AGENCY should be consistent with Local Program Procedures as published by STATE. 11. ACCOUNTING SYSTEM ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate Fund expenditures by line item for the PROJECT. The accounting system of ADMINISTERING AGENCY, its contractors, and all subcontractors shall conform to Generally Accepted Accounting Principles (GMP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. Page 4 of 7 Non-Fed FSP 177 • • 12. RIGHT TO AUDIT • • For the purpose of determining compliance with this Agreement and other matters connected with the performance of ADMINISTERING AGENCY's contracts with third parties, ADMINISTERING AGENCY, ADMINISTERING AGENCY's contractors and subcontractors, and STATE shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times for three years from the date of final payment of Funds to ADMINISTERING AGENCY. STATE, the California State Auditor, or any duly authorized representative of STATE, or the United States Department of Transportation shall each have access to any books, records, and documents that are pertinent for audits, examinations, excerpts, and transactions, and ADMINISTERING AGENCY shall furnish copies thereof if requested. 13. TRAVEL AND SUBSISTENCE Payments to only ADMINISTERING AGENCY for travel and subsistence expenses of ADMINISTERING AGENCY forces and its subcontractors claimed for reimbursement or applied as local match credit shall not exceed rates authorized to be paid exempt non-represented State employees under current State Department of Personnel J;\dministration (DPA) rules. If the rates invoiced are in excess of those authorized DPA rates, then ADMINISTERING AGENCY is responsible for the cost difference and any overpayments shall be reimbursed to STATE on demand . 14. SINGLE AUDIT ADMINISTERING AGENCY agrees to include all state (Funds) and federal funded projects in the schedule of projects to be examined in ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance· with Office of Management and Budget Circular A-133. SECTION Ill IT IS MUTUALLY AGREED: 1 . All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the encumbrance of funds under this Agreement. Funding and reimbursement is available only upon the passage of the State Budget Act containing these STATE funds. The starting date of eligible reimbursable activities shall be JULY 1, 2011. 2. All obligations of ADMINISTERING AGENCY under the terms of this Agreement are subject to authorization and allocation of resources by ADMINISTERING AGENCY.' · Page 5 of 7 Non-Fed FSP 178 3. ADMINISTERING AGENCY and STATE shall jointly define the initial FSP program as well as. the appropriate level of FSP funding recommendations and scope of service and equipment required to provide and manage the FSP program. No changes shall be made in these unless mutually agreed to in writing by the parties to this Agreement. 4. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to this Agreement by imposing any standard of care with respect to the maintenance of State highways different from the standard of care imposed by law. 5. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, authority or jurisdiction delegated to ADMINISTERING AGENCY under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, ADMINISTERING AGENCY shall fully defend, indemnify and save harmless the State of California, its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, authority or jurisdiction delegated to ADMINISTERING AGENCY under this Agreement. . 6. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under •. this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, STATE shall fully defend, indemnify and save harmless ADMINISTERING AGENCY, its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work; authority or jurisdiction delegated to STATE under this Agreement. 7. ADMINISTERING AGENCY will maintain an inventory of all non-expendable PROJECT equipment, defined as having a useful life of at least two years and an acquisition cost of $500 or more, paid for with PROJECT funds. ADMINISTERING AGENCY shall define in PROJECT contract who shall take ownership of all equipment at the conclusion of the Project. 8. ADMINISTERING AGENCY and its sub-contractors will comply with all applicable Federal and State laws and regulations, including but not limited to, 2 CFR, Part 225, Cost Principles for State and Local Governments and 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments). 9. In the event that ADMINISTERING AGENCY fails to operate the PROJECT commenced and reimbursed under this Agreement in accordance with the terms of this. Agreement or fails to comply with applicable Federal and State laws and regulations, STATE reserves the right to terminate funding for PROJECT, or portions thereof, upon written notice to ADMINISTERING AGENCY. Page 6 of 7 Non-Fed FSP • 179 • • • 10. This Agreement shall terminate on June 30, 2014. However, the non-expendable equipment, and liability clauses shall remain in effect until terminated or modified in writing by mutual agreement. STATE OF CALIFORNIA Riverside County Transportation Commission Department of Transportation By: By: ____________________ _ Office of Project Implementation, South Title: ___________ _ Division of Local Assistance Date: Date: ___________ __ Page 7 of 7 Non-Fed FSP 180 • • • STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLMENT AND CERTIFICATION FORM PSCF (REV. 011201 0) TO: STATE CONTROLLER'S OFFICE Claims Audits FROM: 3301 "C" Street, Rm 404 Sacramento, CA 95816 Department of Transportation SUBJECT: Encumbrance Document VENDOR I LOCAL AGENCY: RIVER COUNTY TRANSPORT AT ION COMMISSION CONTRACT AMOUNT: $ 1,653,564.00 PROCUREMENT TYPE: Local Assistance CHAPTER STATUTES ITEM YEAR 33 2011 2660-102-042 2011/2012 Page 1 of 1 DATE PREPARED: PROJECT NUMBER: 2/28/2012 812000209 REQUISITION NUMBER I CONTRACT NUMBER: RQS 081200000474 PEC/PECT COE/Category AMOUNT 20.30.010.600 2620/0040 $ 1,653,564.00 ADA No til For individuals with sensory disabililies. this document is available in alternale formats. For information. call (915) 654·641 0 of TDD (916) -3880 or write Records and Forms Management. 1120 N. Street. MS-89, Sacramento. CA 95814. · 181 • . AGENDA ITEM 8K • • ._____ -- RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: May 9, 2012 TO: Riverside County Transportation Commission Western Riverside County Programs and Projects Committee FROM: Jillian Edmiston, Staff Analyst Brian Cunanan, Commuter and Motorist Assistance Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Amendments to Freeway Service Patrol Agreements WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1) Approve Agreement No. 11-45-146-01, Amendment No. 1 to Agreement No. 11-45-146-00, with Pepe's to provide FSP services on Beat No. 4 in the amount of $800,000; 2) Approve Agreement No. 07-45-134-04, Amendment No. 4 to Agreement No. 07-45-134-00, with Pepe's Towing (Pepe's) to provide Freeway Service Patrol (FSP) services on Beat No. 18 in the amount of $115,000; 3) Approve Agreement No. 07-45-136-03, Amendment No. 3 to Agreement No. 07-45-136-00, with Pepe's to provide FSP services on Beat No. 19 in the amount of $200,000; and 4) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. BACKGROUND INFORMATION: Beat No.4 At its October 2011 meeting, the Commission awarded Agreement No. 11-45-146-00 to Pepe's for tow truck services on Beat No. 4, which operates with two trucks on SR-91 from Magnolia Avenue to the 60/91/215 lnterchang·e. The agreement awarded was for a three-year term with two one-year options. Beat Nos. 18 and 19 At its May 2007 meeting, the Commission awarded two FSP contracts to Pepe's for tow truck services on Beat Nos. 18 and 19. Beat No. 18 operates with three trucks on Interstate 215 from the Riverside County line to Alessandro Boulevard. Agenda Item 8K Beat No. 19 operates with two trucks on 1-215 from Alessandro Boulevard to State Route 74/4th Street. Each agreement awarded was for a three-year term with two one-year options to extend the agreements. The two one-year options on each agreement have been executed. Subsequently, at its July 2011 meeting, the Commission approved a third amendment to increase the Beat No. 18 contract 07-45-134-00 by $180,000. This third amendment was necessary so that Pepe's could cover Beat No. 4 for a six-month period after Armada Towing declined the second and final option year of its agreement to serve the beat. In addition to covering the normal service hours for Beat No. 4, Pepe's also assumed construction FSP service supporting the State Route 91 /Van Buren Boulevard interchange project from Armada. Pepe's was offered to cover this beat due to the close proximity of its tow yard location to the beat. Pepe's agreed to cover Beat No. 4 at the same Beat No. 18 rate of $51.00 per hour. Tow services on Beat No. 4 have since been procured as noted below, and the Commission approved the award to Pepe' s at its October 2011 meeting. The existing Beat No. 18 agreement is effective through June 30, 2012. Agreement 12-45-045-00 with Pepe's for service on Beat No. 18, approved by the Commission in April 2012 following a procurement process, will become effective July 1, 2012. The existing Beat No. 19 agreement has only been amended to execute the two one-year option terms and is effective through June 30, 2012. At that time, Agreement No. 12-45-046-00 with Pepe's for service on Beat No. 19, approved by the Commission in April 2012 following a procurement process, will become effective. Per the Traffic Management Plan, FSP must be provided during peak morning and evening commutes when freeway shoulders are closed. The shoulders on the 1-21 5 South widening project have been scheduled to be closed from March 2011 through August 2012. Though regular FSP service does not currently exist in the project boundaries of the 1-21 5 South widening project, Pepe's, operating on Beat No. 19 just north of the project, was offered the construction FSP work and accepted at the current contract rate of $52.00 per hour. DISCUSSION: The Beat No. 4 agreement, still in its initial three-year term, needs to be amended to add a total of $800,000 to cover the costs of providing construction FSP for the SR-91 high occupancy vehicle (HOV) project. Funding for this service will come from the California Department of Transportation as part of a separate funding agreement. Agenda Item 8K I Due to an error in the projection of contract balances for Beat No. 18 and Beat No. 1 9, amendments are now necessary to add budget authority for incremental FSP services provided to support various construction projects as discussed below. Due to the coverage by Pepe' s of Armada FSP hours and construction FSP for the SR-91 /Van Buren Boulevard interchange project under the existing Beat No. 18 agreement, staff has been monitoring the contract balance to ensure the maximum obligation is not exceeded by the June 30, 2012, agreement end date. Based on an average of past monthly costs for all services performed on Beat No. 18, it is necessary to amend Agreement No. 07-45-134-00 for Beat No. 18 to increase the total amount by $115,000. Funding for the SR-91 /Van Buren Boulevard interchange project construction FSP was provided by reimbursements from the city of Riverside under a separate funding agreement. The Beat No. 19 agreement provided standard FSP services on Beat No. 19 and construction FSP on the 1-21 5 South widening project. It is now necessary to amend the existing Beat No. 19 agreement to increase the total amount of the agreement for construction-related FSP by $200,000. Funding to support construction FSP is provided through transfers of Measure A Western County highway funds from the 1-215 South widening project funding. Staff recommends amending Agreement No. 07-45-134-00 with Pepe's to add $11 5,000 to support FSP costs incurred during the final months of the contract ending June 30, 2012. Staff also recommends amending Agreement No. 07-45-136-00 with Pepe's to add $200,000 to support construction FSP costs incurred during the final months of the contract ending June 30, 2012. Finally, staff recommends amending Agreement No. 11-45-146-00 with Pepe's to add $800,000 to support construction FSP services for the SR-91 HOV project. Financial Information In Fiscal Year Budget: Yes Year: FY 2011/12 Amount: $415,000 N/A FY 2012/13 + $700,000 State of California No Source of Funds: SAFE DMV Fees Budget Adjustment: N/A State-STIP GL/Project Accounting No.: 0021 7 3 81 014 00000 0000 201 45 81014 Fiscal Procedures Approved: ~~ I Date: I 04/12/12 Agenda Item 8K I --------------------~~~-~ • AGENDA ITEM SL • • • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: May 9, 2012 TO: Riverside County Transportation Commission Western Riverside County Programs and Projects Committee FROM: Jillian Edmiston, Staff Analyst Brian Cunanan, Commuter and Motorist Assistance Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Freeway Service Patrol Cost Effectiveness Evaluation WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1) Approve Agreement No. 12-45-079-00 with OKS Associates (OKS) to provide a Freeway Service Patrol (FSP) cost effectiveness evaluation in the amount of $25,000; and 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. BACKGROUND INFORMATION: The Commission, acting in its capacity as the Riverside County Service Authority for Freeway Emergencies (RC SAFE), provides FSP service on nine beats on Interstates 15 and 215, and State Routes 60 and 91. Annually, the program provides approximately 45,000 assists to stranded motorists along Riverside County freeways. Currently, the program operates 21 tow trucks patrolling over 80 miles of freeway, Monday through Friday during the peak commute hours of 5:30 a.m. to 8:30 a.m. and 3:00 p.m. to 7:00 p.m. The Friday afternoon shifts start two hours earlier at 1 :00 p.m. In 1990, Proposition C was passed to fund transportation improvements and to. help reduce traffic congestion in California. From this, the FSP program was created by the Caltrans, which developed the corresponding Local Funding Allocation Plan to distribute funds to participating jurisdictions, such as RC SAFE. In FY 2002/03, Caltrans worked with UC Berkeley's Institute of Transportation Studies to develop the Caltrans FSP Evaluation model (FSPE) and the Caltrans FSP- Predictor model (FSPP). These models were used to determine the cost- effectiveness of the 1 30 individual FSP beats throughout the state of California by Agenda .Item 8L 185 calculating an annual benefit/cost. ratio. The "costs" for this model include the annual capital, operating, and administrative costs for providing FSP service. The model calculates the "benefit" by factoring savings in incident delay, fuel consumption and air pollutant emissions (based on the number of FSP assists, beat geometries, and traffic volumes) and translates these factors into monetary values for delay and fuel consumption. Subsequently, Caltrans entered into a contract with DKS Associates in FY 2010/11 to perform updated analyses using the existing models. DKS Associates was chosen for its experience in providing transportation analyses and solutions and for the expertise possessed by its senior data analyst and project manager, Mike Mauch. Mr. Mauch was on the UC Berkeley team that developed the original FSPE and FSPP models. The most recent statewide FSP evaluation report, conducted and produced by DKS Associates and pending Caltrans final approval, preliminarily determines that RC SAFE has the second-highest benefit/cost. ratio (1 0.83) in the state. Therefore, for every $1 spent on RC SAFE's FSP program, the model calculates a benefit of $10.83. DISCUSSION: As a means of further improving RC SAFE's FSP benefit/cost ratio and exploring • the potential for future service expansion, staff is recommending entering into an • agreement with DKS Associates. Using its expertise with FSP modeling, DKS Associates will perform two tasks. Task 1 consists of projecting benefit cost ratios for potential FSP service expansions: Southwest Riverside County (Murrieta, Temecula), Coachella Valley, and weekend service on SR-91 . DKS Associates will work with staff to define the beats and perform beat sensitivity analysis to demonstrate the effects of altering key parameters on the beats. Key parameters include: beat length, starting and ending points, hours of operation, and the number of tow trucks on the beats. The goal of this analysis is to have optimal beat descriptions prepared and to help prioritize projects should additional funding opportunities arise to support FSP expansion or to pilot new FSP service. Task 2 will consist of DKS Associates providing FSP management support as needed by RC SAFE FSP program management. Services provided may include but are not limited to reviewing FSP management and operating procedures, reviewing and analyzing the cost effectiveness of existing FSP. beats, and working with staff to determine if altering key parameters may result in a more cost effective FSP program. Agenda Item SL 186 • • I • • Staff recommends the awa.rd of Agreement No. 12-45-079-00 with OKS Associates in the amount of $25,000, consisting of $15,600 related to initial work under Tasks 1 and 2 and $9,400 related to potential extra work to be authorized under future task orders. Funding for these services is included in the current FY 2011/12 budget, as well as in the FY 2012/13 proposed budget. Financial Information In Fiscal Year Budget: I Yes Year: I FY2011/12 Amount: I $5,000 N/A FY 2012/13 $20,000 Source of Funds: I SAFE DMV Fees Budget Adjustment: I No N/A GL/Project Accounting No.: 002173 65520 00000 0000 201 45 65520 Fiscal Procedures Approved: ~~ J Date: J 04/12/12 Attachments: 1) Draft Agreement No. 12-45-079-00 2) DKS Associates Scope of Work Agenda Item BL 187 I • • • ATTACHMENT 1 Agreement No. 12-45-079-00 RIVERSIDE COUNTY TRANSPORTATION COMMISSION AGREEMENT FOR COST EFFECTIVENESS EVALUATION SERVICES WITH OKS ASSOCIATES 1. PARTIES AND DATE. This Agreement is made and entered into this_ day of , 2012, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("the Commission") and OKS ASSOCIATES ("Consultant") a CALIFORNIA CORPORATION. 2. RECITALS. 2.1 Consultant desires to perform and assume responsibility for the provision of certain professional consulting services required by Commission on the terms and conditions set forth in this Agreement. Consultant represents that it is a professional consultant, experienced in providing cost effectiveness evaluation services to public clients, is licensed in the State of California·, and is familiar with the plans of Commission. 2.2 Commission desires to engage Consultant to render certain consulting services for the Freeway Service Patrol (FSP) Program Project ("Project") as set forth herein. · 3. TERMS. 3.1 General Scope of Services. Consultant promises and agrees to furnish to Commission all labor materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately provide professional consulting services and advice on various issues affecting the decisions of Commission regarding the Project and on other programs and matters affecting Commission, hereinafter referred to as "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 . 188 3.2 Term. The term of this Agreement shall be from the date first • specified above to June 30, 2013, 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. 3.3 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. Con~ultant represents that it has the professional and technical personnel required 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 the Commission, . Consultant shall provide a more det~iled schedule .Qf anticipated performance to meet the Schedule of Services. 3.4 Independent Contractor; Control and Pa~ment of Subordinates. The Services shall be performed by Consultant under its supervision. Consultant will determine the means, method and details ;otztperforrp!ng the Servi~~.? subject to the requirements of this Agreement.. Commission ·r~.tair:($~U:::onsultant on :an independent contractor basis and Consultanhis not an employe~J>fCommission. Consultant retains the right to perform similar or different.§ervices <tor others during the term of this Agreement. Any additional personnel perfdr!Jij(lg the Services under this Agreement on behalf of Consultant shall not be emp.!gyeeslft)t G.ommission and shall at all times be under Consultant's ~~elusive direction;~~~md controL Consultant shall pay all wages, • salaries, and other amounts due such pe·W§.oonefSin conlle(;tion with their performance of Services under this Ag~eement and as req'ul~ed by law. ·consultant shall be responsible for all reports and obllgf.l~ions xespecting sbch additional personnel, including, but not limited to: social security fa~e~~ In·~~·m~ tax withholding, unemployment insurance, and workers' compensation insur~'flce. · · · ·· ~,>,,' 3.5 Conforman6e to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of Commission. 3.6 Substitution of Key Personnel. Consultant has represented to Commission that cef1ain key personnel will perform and coordinate the Services under this Agreement. Should.. one or more of such personnel become unavailable, Consultant may substitute i;ther personnel of at least equal competence and experience upon written approval of Commission. In the event that Commission and Consultant cannot agree as to the substitution of key personnel, Commission shall be entitled to terminate this Agreement for cause, pursuant to provisions of Section 3.16 of this Agreement. The key personnel for performance of this Agreement are as follows: 3.7 Commission's Representative. Commission hereby designates Executive Director, or his or her designee, to act as its representative for the performance of this Agreement ("Commission's Representative"). Commission's 2 189 • • • • representative shall have the power to act on behalf of Commission for all purposes under this Agreement. Consultant shall not accept direction from any person other than Commission's Representative or his or her designee. 3.8 Consultant's Representative. Consultant hereby designates L_INSERT NAME OR TITLE__j, or his or her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.9 Coordination of Services. Cohsultantagrees to work closely with Commission staff in the performance of Services and shall be available to Commission's staff, consultants and other staff at all reasonable times. 3.10 Standard of Care; Licenses. Consultant shall peiform the Services under this Agreement in a skillful and competent mi=\nnel, consistenf'with the standard generally recognized as being employed by professionals in the same discipline in the State of California. Consultant· represents and maintains that it is skilled in the -. professional calling necessary to performfthe Services:::;. Consultant warrants that all employees and subcontractors shall have sufficient skill af;)d experience to perform the Services assigned to them.. Finally, Consultant represenfl5 that it, its employees and subcontractors have all liceri~es, permits, .ctllalifications, and approvals of whatever nature that are legally required· to perform the Services and that such licenses and approvals shall be mairitained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from 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 indemnifici:Hiqn provisions of this Agreement arising from the Consultant's errors and omissions. 3.11 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 Cai/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to 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 . 3 190 3.12 Insurance. 3.12.1 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. 3.12.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duratipn of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability c~~~Jctge {occurrence fOFQ\l;;:CG 0001 ); (2) Automobile Liability: Insurance ~er,.v.ic~s Office Bbslne"ss Auto Coverag({' form number CA 0001, code 1 (any auto); and-(3) Wof:Ji.ers' Comp~(!Sation and Employer's Liability: Workers' Compensation insurance as required by the ~t~le of California and Employer's Liability Insurance. · · · '""!"'· 3,' ,_-,' . \ . y<L::.. -_, -<~·>{~(~· !< " > <~~;'E:~. (B) Minimurp J:;tmits ot~,·lnsurance. Consultant shall maintain limits no Je~s than: (1) .General Liabl1ity: $2,000,000 per occurrence for bodily injury, personal injul)f and property damage;. If Commercial General Liability Insurance or other fqrrp y,tith. general .aggregateJimit is _t.Jsed, either the general aggregate limit shall apBIY sep'iirately ,to this Agreemeriftlqcation or the general aggregate limit shall be twice tf)erequired occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily Injury and property damage; and (3) if Consultant has an employees, Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's. Practices Liability limits of $1,000,000 per accident. 3J 2.3 [Reserved] 3.12.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the Commission to add the .following provisions to the insurance policies: (A) General Liability. 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 4 191 • • • • • • 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 wnloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the Commission, its directors, officials, officers, employees and. agents, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by the Commissickf~· 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) VVorkers' Co~p~nsation and Emolovers 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 whicl;l, arise frorr,t work. performed by the Consultant. · ·· · (D) .,rjAII Coverages. Each ihsurance policy required by this Agreement shall be endorsed t'Q state that: (A) coverage shall not be suspended, voided or c;an~tyd except .aftet<hhirty (30) days prior written notice by certified mail, return reteipt re·quested, hc:fs: been >given to the Commission; and, (B) any failure to comply· with reporti~g . or othE:!r. provisions of the policies, including breaches of warranties, shall not affect coverage provided to the Commission, its directors, officials, officers, employees and agents. 3.12.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions musfbe 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. 3.12.6 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 . 5 192 3.12.7 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. 3.13 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 ·C!II 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 subcontra,ctors, such as safe walkways, scaffolds, fall protection ladders;,i:J~ridges,,. gang plank~ .•. ,confined space procedures, trenching and shoring1 equipmentahd otner safety devices: equipment and wearing apparel as are necesscirfor;lawfully requir§d to prevent accidents or injuries; and (C) adequate facilities for tht? · prdt?t~f inspection and · maintenance of all safety measures. 3.14 Fees.andPaymerit. 3.14.1 Com@Emsation.; .. eonsultant shall receive compensation, including authorized rei.ooburseooents, for altServices rendered under this Agreement at the rates set forth in Exhibit "C1' att~.sbed her~to. The total compensation shall not exceed; TwE:mty-Five Thousand Dollars ($25,000) without written approval of Commis.sion's Executive Direptor ("Total. Compensation"). Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner sefforth in this Agreement. 3.14.2 Payment of Compensation. Consultant shall submit to Commission a monthly 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. Commission shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.14.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by Commission. 3.14.4 Extra Work. At any time during the term of this Agreement, Commission may request that Consultant perform Extra Work. As used herein, "Extra 6 193 • • • • • Work" means any work which is determined by Commission to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from Commission's Executive Director. 3.15 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred and fees charged under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of Commission during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreem~nt. 3.16 Termination of Agreement. 3.16.1 Grounds for Terffllination. ,~;Commissid~;: may, by written notice to Consultant, terminate the whole or any.r;?art~~this Agreemeht at any time and without cause by giving written nof~e to Consultatl)to¥:Such termination, and specifying the effective date thereof. Upon t€tmfri'a~ion, ConsGltaf]t shall be compensated only for those services which have been fLiHyand adequately r~hdered to Commission through the effective date of the termination,;;.and Consultant sfi~U. be entitled to no further compensation. Consultaritmay not terfu.•nate tl;lisA.greemeriPexcept for cause. ' • .<,". ~ ' ;;;:c~ ; "c • '),, ,~c ' '·3.1p.2 Eff~tt of Ter~iniitio~. If this Agreement is terminated as provided herein, Commission 'may require Consultant to provide all finished or unfinished Qocuments and Qata, as q.efined'b~low, and other information of any kind prepared Hy C&hsuttant in connedidh 'J,t'ith ffie performance of Services under this Agreement. Consultant shaH be reqllired to provide such docu~ent and other information within fifteen (15) days of the request. 3.16.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, Commission may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.17 Delivety of 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: 7 194 CONSULT ANT: DSK Associates . 8950 Cal Center Drive, Suite 340 Sacramento CA 95826-3225 Attn: -------- COMMISSION: Riverside County Transportation Commission 4080 Lemon Street, 3rd 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. 3.18 Ownership of Materials/Confidentiality. 3.18.1 Documents & Data(: This Agr~~m~t:Jt creates an exclusive and perpetual license for Commission to copy, use, modify, re\ilpe, or sub-license any and all copyrights and designs embodied in. plans, specifications, .studies, drawings, estimates, materials, data and other documents or war.~s of authorship fixed in any tangible medium of expression, Including but rtot.!irn;i,t~d'to, physical 'Ett~wings or data magnetically or otherwise rec •. ~~;:Rn computef:.:i:~ls~kettes, which a·r~ prepared or caused to be prepared by Consulta,pt'uot:f~.~this Agre'e!;J;11£nt ("Documents & Data"). ~tts¥~:: -~.,, ';,:<~"~ • Consultant shall require 'all ·~ybcontra~tors to agree in writing that Commission is gran!e~:t;•~P e?<clusive aod,per~~~.~~lli.~ense for any Documents & Data • the subcontractor pce:pares under this Ag(eeQieiif.' ·'···> . ' ,. ·. '<h .c' . '-'·· t6nsyltan·· 4 resent~ ~~d warrants that Consultant has the legal right to grant tlJ.~. exclusive.:· . . erpetual license for all such Documents & Data. Consultantmal<~$'j:l0 such r4J?~esentatiop .and warranty in regard to Documents & Data whichfwere prepared by de'sign professionals other than Consultant or provided to Consultantby the Com'rnission. , 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 Agr;eement shall be at Commission's sole risk. 3.18.2 Intellectual Prooertv. 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. 8 195 • • • • The Commission shall have and retain all right, title and interest in Intellectual Property developed or modified under this Agreement whether or not paid for wholly or in part by Commission, whether or not developed in conjunction with Consultant, and whether or not developed by Consultant. Consultant will execute separate written assignments of any and all rights to the above referenced Intellectual Property upon request of Commission. Consultant shall also be responsible to obtain in writing separate written assignments from any subcontractors or agents of Consultant of any and all right to the above referenced Intellectual Property. Should Consultant, either during or following termination of this Agreement, desire to use any of the above-referenced Intellectual Property, it shall first obtain the written approval of the Commission. All materials and documents which were developed or prepared by the Consultant for general use prior to the execution of this Agreement and which are not the copyright of any other party or publicly available and any other computer applications, shall continue to be the property of the Consultant However, unless otherwise identified and stated prior to execution of this Agreement, Consultant represents and warrants that it hqs the right to grant the e)(clusive and perpetual license for all such Intellectual Property aspmvided herein:·. +X, Commission further is granted by :Consultant a non-exclusive and perpetual license to copy, use, modify or sub-license an}f.aJ1d all Intellectual Property otherwise owned by Consultant which is the .bas~s or foundation for any derivative, collective, insurrectiqpal, or supplemental workcreated under this Agreement. 3.ta3 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, de~B[ipt,{pns, computer program data, input record data, written information, 'and other Documents ana· 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 Gonsultant for any purposes other than the performance of the Services. Nor shall su21i 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 d~~med 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 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.20 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with 9 196 this Agreement, the prevailing party in such litigation shall be entitled to have and • recover from the losing party reasonable attorney's fees and costs of such actions. 3.21 Indemnification. Consultant shall indemnify and hold the Commission, its directors, officials, officers, agents, consultants, employees and volunteers free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or in equity, to property or persons, including wrongful death, in any manner arising out of or incident to alleged negligent acts, omissions or willfL,JI misconduct of the Consultant, its officials, officers, employees, agents, consultants, and contractors arising o:ut of or in connection with the performance ofthe Services, the Project or this Agreement, including without limitation, the payment of all consequential damages, attorney$. 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 leg2it proceet~ifi!_gs of every kind that may be brought or in.stituted against the Commi~ion, its directors·;officials, officers, agents, consultants, employees and volunteers. Consultant shall pay and. satisfy any judgment, award or decree that may be rendered against the Commission or its directors, officials, officers, agents, consultants, employees a~d' volunteers. in any s~~.h suit, action or other legal proceeding. Consultaqt shall reimbur;~~ ;tne.:tommission'''i:l:~~' its directors, officials, officers, agents, consultants,.employees,arid1 volunteers, for any and all legal expenses and costs, including reasort~~L~."attornetsJees, incurred by each of them in connection therewith or in enforci.~g tPiei :if1demnity :,,~~-Kein provided. Consultant's obligation to indemnity shall not be r~~!ticted to jnsuranc@':::f:>roceeds, if any, received by the Commission or its directors, officiat.§, officers, agents, consultants, employees and • volunteers. Notwithstanding the foreg~ing, . 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 cla:ims that arise out of, pertain to, or relate to the negligence, recklessness •. or Wtl~HIHmisconduct of the Consultant. This Section 3.21 shall survive ahy expiration <Wtermination of this Agreement. 3.22 Entire Agreement; This Agreement contains the entire Agreement of the parties with respectto the 'subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed byboth parties. 3.23 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.24 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.25 Commission's Right to Employ Other Consultants. The Commissioll reserves the right to employ other consultants in connection with this Project. 10 197 • • • • 3.26 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties, and shall not be assigned by Consultant without the prior written consent of Commission. 3.27 Prohibited Interests. 3.27.1 Solicitation. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For brec;~ch or violation' of this warranty, Commission shall have the right to rescind this Agreement without liability. ···. 3.27.2 Conflict of Interest. For the tenn' of this Agreement, no member, officer or employee of Commission, during the term of his:.or her service with Commission, shall have any direct interest in t~js Agreement, or o6tajt) any present or anticipated material benefit arisi_ng therefrom. +"'i .•.•.• · J ; ·•··· cs_,,>-, ''';";> '~ ' '/{-(_:,' 3.28 Equal Oppo~unitv Employment .. 'cpnsultant represents that it is an equal opportunity employer and it shall> not discrimTnate against any employee or applicant for employment because ofrace, religioq, color, i19tional origin, ancestry, sex or age. Such non-disc;r,im.ination shall include, butnotbe lirr1lfed to, all activities related to initial empiOYITl.ent, :• upgraging, delnotiqp. transfe't:~:: recruitment or recruitment advertising, layoff bnerminatiob. Consultai!){i"shall also comply with all relevant provi- sions of Commission's Disadvantaged Business Enterprise program, Affirmative Action Plan or other; related · Commission programs or guidelines currently in effect or hereinafteren;acte8. 3.29 Subcontractin9: Consultant shall not subcontract any portion of the work or Seivices required by this Agreement, except as expressly stated herein, without prior written approval of the Commission. Subcontracts, if any, shall contain a provision making them sUbject to all provisions stipulated in this Agreement. 3.30 Prevailing Wages. By its execution of this Agreement, Consultant certified that it is aware ofthe requirements of California Labor Code Sections 1720 et ~and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et ~ ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. The Commission shall provide Consultant with a copy of the prevailing rate of per diem wages in effect at the commencement of this Agreement. Consultant · shall make copies of the prevailing rates of per diem wages for each craft, classification 11 198 or. type of worker needed to execute the Services available to interested parties upon • request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the Commission, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.31 Employment of Apprentices. This Agreement shall not prevent the employment of properly indentured apprentices in accordance with the California Labor Code, and no employer or labor union shall refuse to accept otherwise qualified employees as indentured apprentices on the work performed hereunder solely on the ground of race, creed, national origin, ancestry, color or sex. Every qualified apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade in which he or she is employed and shall be employed only in the craft or trade to which he or she is registered. ·· · If California Labor Code Section 1777.5 ap~l~l~s > to the Services, Consultant and any subcontractor hereunder who . employs , workers in any apprenticeable craft or trade shall.apply to the joint apprenticeship couri~~J,administering applicable standards for a certificate approving Con~ultant or any sub-consultant for the employment and training of apprentices. Upon issuance of this certificate, Consultant and any sub-consultant shall employ the number of apprentices provided for therein, as well as contribute to the fi,.Jnd to administer fhe apprenticeship program in each craft or trade in the area of the::work hereunder. · · ,/;L}Z'¥,' The p~rties expn~~sly understand that the responsibility for compliance with provisions of thisir:Section:~nd with Sections 1777.5, 1777.6 and 1777.7 of the California ~abq~.<;ode irf':t~.~ard to all apprenticeable occupations lies with Consultant. 3.32 No Waiver~ Failure of Commission to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver.or relinquishment of such other right or power at any other time or times. 3.33 Ei9Ht-Hour Law. Pursuant to the provisions of the California Labor Code, eight hours of labor shall constitute a legal day's work, and the time of service of any worker employed on the work shall be limited and restricted to eight hours during any one calendar day, and forty hours in any one calendar week, except when payment for overtime is made at not less than one and one-half the basic rate for all hours worked in excess of eight hours per day ("Eight-Hour Law"), unless Consultant or the Services are not subject to the Eight-Hour Law. Consultant shall forfeit to Commission as a penalty, $50.00 for each worker employed in the execution of this Agreement by him, or by any .sub-consultant under him, for each calendar day during which such workman is required or permitted to work more than eight hours in any calendar day 12 199 • • • • • and forty hours in any one calendar week without such compensation for overtime violation of the provisions of the California Labor Code, unless Consultant or the Services are not subject to the Eight-Hour Law. 3.34 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification and confidentiality obligations, shall survive any such expiration or termination. 3.35 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.36 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 'ofthe California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with, the provisions 6f:tb,at Code, and agrees to comply with such provisions before commer1cing the performance of the Services. 3.37 Counterparts. This Agre~ment may be signed;;in counterparts, each of which shall constitute an original. . , ·~(:: 3.38 lncorporation'C>f~ecitals. The ~kcitals set forth above are true and correct and are incorporated into this Agreement as though fully set forth herein . . . ifStGNATURES ON FOLLOWING PAGE] ~·'~~> f 13 200 SIGNATURE PAGE TO RIVERSIDE COUNTY TRANSPORTATION COMMISSION AGREEMENT FOR COST EFFECTIVENESS EVALUATION SERVICES WITH OKS ASSOCIATES IN WITNESS WHEREOF, this Agreement was executed on the date first written above. RIVERSIDE COUNTY TRANSPORTATION COMMISSION By: __________ _ John J. Benoit Chair Approved as to Form: ~"''}:, By: Best Best &J~rieger LLP' · General Counsel OKS ASSOCIATES By: Signature ~ ,::. Attest: ~" By: ---------- Its: Secretary 14 201 • • • EXHIBIT "A" ATTACHMENT 2 SCOPE OF SERVICE e DKS Associates • • TRANSPORT.ATION SO UTIO\JS Freeway Service Patrol (FSP) Cost Effectiveness Evaluation and Management Support Services SCOPE OF SERVICES Task 1-FSP Cost Effectiveness Analysis: OKS will provide up to 80 hours of technical support focused on performing a set of cost effectiveness analyses whereby the benefit-to-cost ratio will be forecasted for a preselected set of FSP beat desctiptions. OKS will work with RCTC FSP management to define and quantify this set of FSP beats to be analyzed. Upon RCTC approval, OKS will perform a FSP beat sensitivity analysis showing the effects (or sensitivity) of altering key parameters on forecasted FSP performance (benefit-to-cost ratio). These key parameters would include FSP beat structure (beat length, starting and end points) and proposed level of FSP service (hours of operation, and/or the number of FSP tow trucks on the proposed beats). The work may also include analyzing the performance of weekend FSP service on SR-91 in Riverside County. OKS will work with RCTC FSP management to design a plausible set of plausible FSP beat desctriptions for each of the three proposed freeway corridors. Subsequently, DKS would collect the data inputs required for the FSPE/P model and perform a. cost-benefit analysis on each of the proposed scenarios showing the expected performance of each. This task will be a time and materials allocation to be used as directed by RCTC FSP management. The cost effectiveness tool developed for LA Metro may also be used as it provides additional information on truck allocation across FSP Beats in insights to cost effectiveness of new FSP service. The findings will be presented to RCTC FSP management as a brief technical memorandum. OKS will also provide RCTC with the FSPE/P model (Excel spreadsheets) and provide training such that RCTC FSP managers will be able to modify parameters and re-run the analysis and to review and verify study findings. Task 2 -Provide FSP Management Support to RCTC: OKS will work as an extension of RCTC staff to provide FSP management support on an as needed basis as directed by RCTC FSP program managers. These service include (but are not limited to) reviewing FSP management and operating procedures, reviewing and analyzing the cost effectiveness of existing FSP beats, and working with RCTC to determine if altering the descripitions (beat lengths, starting and ending points, number of trucks and/or hours of FSP operation) would result in a more cost effective FSP program in Riverside County. For both Task 1 and Task 2, the Caltrans Freeway Service Patrol Evaluation model (FSPE) version 15 (recently updated for Caltrans by OKS Associates) will be used in the evaluation of all existing 8950 Cal Center Drive, Suite 340 Sacramento CA 95326*3225 (9'16} 368-2000 'lNtl/'J _ dksasscdates.com 202 EXHIBIT "A" SCOPE OF SERVICE RCTC FSP Evaluation and Management Support: Scope of Services March 26, 2011 Page 2 of2 FSP beats. The Caltrans FSP-Predictor model (FSPP) version 15 (recently updated for Caltrans by DKS Associates) will be used in the evaluation of all proposed FSP beats. For proposed FSP beats, freeway volumes, VMT, VHT, VHT-delays, and freeway accident/collision data may also be used in assessing the potential or viability of FSP service on proposed beats. Terms In consideration of the performance of these services, DKS Associates will be compensated on a time and materials basis. Task 1 will be budgeted at 80 hours with an initial budget of$12,500. Task 2 will be budgeted at 20 hours with an intial budget of $3,100 based upon the scope of services and level of effort presented above. DKS will invoice monthly based upon the ~ime and materials expended. Payments are due on a net 30 day basis. A service charge of 1-1/4 percent per month compounded will be assessed on billings not paid when due. If payment of our invoices is not made within 45 days of the due date, DKS reserves the right to cease work on this project until such time as payment is received. Should the services not be authorized in sixty ( 60) days; or should changes occur in the scope or level of effort; or should the completion date extend beyond June 30, 2013 due to circumstances beyond DKS's control; we reserve the right to revise the scope, our billing rates, budget and schedule to reflect then current conditions. Such revisions will be effected through amendments to the agreement. 203 • • • • AGENDA ITEM 8M • • • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: May 9, 2012 TO: Riverside County Transportation Commission Budget and Implementation Committee FROM: Jillian Edmiston, Staff Analyst Brian Cunanan, Commuter and Motorist Assistance Manager THROUGH: Anne Mayer, Executive Director SUBJECT: City of Riverside's Amended Bicycle Transportation Plan STAFF RECOMMENDATION: This item is for the Commission to approve the city of Riverside's (Riverside) amended Bicycle Transportation Plan (BTP) as submitted. BACKGROUND JNFORMA TION: Riverside's amended BTP was submitted to the Commission for certification that it complies with the requirements of the state's Bicycle Transportation Account (BTA) program as required by state law. The state's BT A program may fund a maximum of 90 percent of the cost of eligible projects, and each jurisdiction is eligible to receive up to 25 percent of the funds available for any given year. Riverside amended its BTP in March 2012. Accordingly, the Commission must reaffirm that the amended plan meets the requirements of the state's BTA program. Riverside modified the BTP in. order to utilize remaining grant monies from the state's BTA. Staff reviewed Riverside's amended BTP and finds that it satisfies the requirements of the state's BT A program as specified by state law. There is no financial impact to the Commission, as the state's BT A funding 1s directed through the state to the city. Attachment: Riverside's Amended BTP Map Agenda Item 8M 204 • • ,, 205 Data: City of Riverside, CA. Field work. I 0 Date: December 2006 • FIGURE 6-1 CITY OF RIVERSIDE EXISTING AND PROPOSED BIKEWAYS Legend Highways Parks Elementary Schools High Schools and Universities Brke Path and Lane~ Bike Path and Lane-Exrsting BrkePath-Exrstrng Brke Lane-Existrng Brke Path-Proposed Brke Lane -Proposed Bike Route/Lane-Proposed .. Brke Route-Proposed Trail-Exrstmg ~·r~·d· Proposed ' Though b1ke lal"'e~ and a path exist on V1ctoria Ave. between Van Buren Blvd and Washmgton St., the path does not currently meet Caltrans Class I b1ke path standards " These p reposed segments rtoqi.n re add1t1onal f1eld work to determme the feasibility of stripmg b1cycle lanes lnstalhng bkycle lanes on these segments may require lane reduc:tlon, road widenmg, or other major adjustments to the roadway. 2 Miles 0.5 1.5 • . AGENDA ITEM 9 • • • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: May 9, 2012 TO: Riverside County Transportation Commission FROM: Western Riverside <;:ounty Programs and Projects Committee Lisa DaSilva, Capital Projects Manager THROUGH: Anne Mayer, Executive Director Agreement with Jacobs Project Management Co. for Construction SUBJECT: Management Services and Cooperative Agreement with Caltrans for Construction of the Interstate 215 Central Widening Project from Scott Road to Nuevo Road, in the City of Perris WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1) Award Agreement No. 12-31-034-00 . to Jacobs Project Management Co. (Jacobs) to provide construction management (CM) services, materials testing, and construction surveying for the 1-21 5 central widening project, Scott Road to Nuevo Road, in the city of Perris, in the amount of $11,807,334, plus a contingency amount of $1,192,666, for a total amount not to exceed $13 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 Cooperative Agreement No. 1 2-31-078-00 with Caltrans for construction of the project; and 5) Authorize the Executive Director, pursuant to legal counsel review, to execute the cooperative agreement and future non-funding related amendments to this agreement. BACKGROUND INFORMATION: The Commission requires the services of a qualified firm to provide CM, materials testing, and construction surveying services for construction of the 1-215 central widening project from Scott Road to Nuevo Road. Services are anticipated to include pre-construction· plan, specification, and estimate review; construction project advertising, bid analysis, and award; construction inspection; claim analysis; Agenda Item 9 206 contractor interface and contract 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 December 12, 2011, with consultant statement of qualifications (SOQ) due February 9, 2012. The Commission received six SOQs from AECOM/CALTROP Corp., ARCADIS U.S. Inc., Harris & Associates,· HDR Construction Control Corp., Jacobs, and Transtech Engineers, Inc. An evaluation committee was appointed to review the SOQs received and to conduct firm interviews. The evaluation committee members included representatives from Commi_ssion stat'f, Bechtel, Caltrans, and the city of Perris. Based on the committee's evaluation of written SOQ submittals, and pursuant to the terms of the RFQ, the committee shortlisted four of the six offerors and invited those firms to the interview portion of the evaluation and selection process. The short listed firms included: • • • • AECOM/CAL TROP Corp . ARCADIS U.S. Inc . Harris & Associates Jacobs Interviews with the above-referenced firms were conducted on March 14, and, after final scoring by the evaluation committee, Jacobs was ranked the most qualified firm under the terms of the RFQ. Subsequently, staff negotiated the scope (including the appropriate level of effort, labor categories/mix, etc.), cost, and schedule proposal with Jacobs for the project services and established a fair and reasonable price. Pre-award payroll audits of the Jacobs team (Arellano Associates, Falcon Engineering Services, Jacobs, MTGL, Inc., Psomas, and Vali Cooper and Associates, Inc.) including overhead rates and accounting systems, are being conducted by a certified public accounting firm retained by the Commission. 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. Agenda Item 9 207 • • • • • Recommendation Staff recommends award of Agreement No. 1 2-31-034-00 to Jacobs to perform CM services, materials testing, and construction surveying for the 1-21 5 central widening based on the final project scope and cost included with Attachment 1, in the amount of $11,807,334, plus a contingency amount of $1,192,666 for unanticipated changes, for a total amount not to exceed $13 million. Staff further recommends that the ·Commission approve Cooperative Agreement No. 12-31-078-00 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 $22,000 In Fiscal Year Budget: I Yes I N/A Year: I FY 2011/12 FY 2012113+ Amount: I $12,978,000 Source of Funds: I CMIA or other State Budget Adjustment: J No N/A GL!Project Accounting No.: 003023 81302 262 31 81301 Fiscal Procedures Approved: ~~ l Date: 1 Attachments: 1) Agreement 12-31-034-00 with Jacobs Project Management Co. 2) Cooperative Agreement 12-31-078-00 with Caltrans (District Agreement 08-1533) Agenda Item 9 208 04/13/12 • • • ATTACHMENT 1 AGREEMENT NO. 12-31-034-00 RIVERSIDE COUNTY TRANSPORTATION COMMISSION AGREEMENT WITH JACOBS PROJECT MANAGEMENT CO. FOR CONSTRUCTION MANAGEMENT, MATERIALS TESTING AND CONSTRUCTION SURVEYING SERVICES FOR THE INTERSTATE 215 WIDENING, SCOTT ROAD TO NUEVO ROAD PROJECT 1. PARTIES AND DATE. This Agreement is made and entered into this _ day of , 2012, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("the Commission") and JACOBS PROJECT MANAGEMENT CO. ("Consultant"), a Delaware corporation. 2. REGITAD$. j,~. ·. . . ,;, .. 4\:; . ..• . . 2.1 On I'JlovTb'ef:.c<,8. 1988'the;VoUi~fS, of Hiversi~~ County approved Measure A authorizing the o{dllectfGlrt\. of..a one:fi~lf percent (1/2 o/~) retail transactions and use tax (the "ta~4!ffo fJfd tran~portation pf~rams and impllvements 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 ari 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. 2.5 The Commission desires to engage Consultant to render such services for the Interstate 215 Widening, Scott Road to Nuevo Road Project ("Project"), as set forth in this Agreement. 17336.0140017381061.2 1 209 3. TERMS. 3.1 General Scope of Services. Consultant shall furnish all technical and professional services, including labor, material, equipment, transportation, supervision and expertise, and incidental and customary work necessary to fully and adequately supply the professional 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 December 31, 2015, unless earlierterminated. as provided herein. Consultant shall complete the Services within th~ term o is Agreement, and shall rn~~t :aljr'iSfher established schedules and deadlines. applicable indemnification provisions of this Agreement shall remain in effect follovyin the \~rminatioq ofthis ~reernent. lJ'~, 3.4 Com~issfon's R~~te~entativ~. T~e Commissi~{h 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 Joseph E. Jenkins to act as its Representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to act on behalf of Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his professional skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. Consultant shall work closely and cooperate fully with Commission's Representative and any other agencies which may have jurisdiction over, or an interest in, the Services. Consultant's Representative shall be available to the Commission staff at all reasonable times. Any substitution in Consultant's Representative shall be approved in writing by Commission's Representative. 17336.01400\7381061.2 2 210 • • • • • • 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 identified in the attached organization chart, attached as part of Exhibit "A". 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 agreement, Commi,~si,?n's ~~pre?e_" ntative may requJEe Consulta~t to revise and resubmit the WO rYO'COSt to8the''Gommissicm. -:pi\> '' c ,,. ' ·,;{ 3.R._, Appe~ra~c~rt·-af'~~aring~. J~:and ~fleff!krequiregKbY the Commission, Consultant shaiH{(ender :~ssi$~ance ~l PU:~!Tc liearing~ or other m~etings related to the Project or necessaty,:Ktofhe peliormance df the Servicfes. Howeve~.'Consultant shall not be required to, and will not, render any decision, interpretation or recommendation regarding questions of a legal nature or which may be construed as constituting a legal opinion. 3.9 Standard of Care; Licenses. Consultant represents and maintains that it is skilled in the professional calling necessary to perform all Services, duties and obligations required by this Agreement to fully and adequately complete the Project. Consultant shall perform the Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant warrants that all employees and . subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Consultant further represents and warrants to the Commission-that its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the Commission, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein, and shall be fully responsible to the Commis$ion for all damages and other liabilities provided for in the indemnification provisions of this Agreement arising from 17336 01400\7381061.2 3 211 the Consultant's errors and om1ss1ons. 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 acceptab_le 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 ~onsultant a written Notice of Final ~!teptance. itfl:Jporixr)~ceipt, of such notice, Consui'~ffi: shall incur no further costs herdunder, imless oth~l)ivise spe~tfied in the Notice of Final Acceptance. ~~~!~~\:~;;.,~~Y!1~~~~~u=~~e~~~~~~fn~~j~~~=~~: t:'~7~ ~~;~z~~~~"·~~ • the event copyrl~llts:' are permitted t!d~~r 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 Cai/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 environmer:Jtal documents and approved by a governmental body. If the Consultant performs any work knowing it to be 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 17336.01400\7381061.2 4 212 • • • • 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 iri 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. ) t: 3:1~:;3 Eff~cfofT:ermination For Cor'l\/~niente:!!c'lf the termination is to be for the convenienE;e Qf the Commission, the Commissidh shall compensate Consultant for ~,~rvices {ull{;ahd adequat~IY.J>rovid~t\f;<~through the effective date of termination. Su~p payment s~all include a pror~1~d amount Of pnofit, if applicable, but no amount shall be pa1t:Hor anticipate'<:Lprofit on u~performed 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 agreement 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. 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. 17336.01400\7381061.2 5 213 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·.~ Representative, Consultant shall tRrovide· a m~re detailed sc.hedule qf;~a•ntlePpaf~~·~'petformance to meet • the Schedule of $ervices.' .i;,, · · ;~> ·· 3.15.2 M&~i~;Jtion of.>tfle' hd~~le. Cons~tant shall regularly • report to the Commission, through correspondedse of\ progress n/~orts, 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 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. 17336.01400\7381061.2 6 214 • • • • 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. Performanceofany Services under this Agreement may .be"::!ael:@yect·>up~\1·: :mutuali,:t~greenfem~~~¥!ilrthe · R~liles. Upon such ; '•: '·~.10·. "-':' :, •' '·~\~ •, ', /rye~ agreement, Consultant'sBScHedule oi14'Servi¢es shall· be_ extended ,~as necessary by the Commission. ~onsult9ht ~-~ark take aiJ{r~asonaqle\\.;steps tdt;;minimize delay in completion, and i!ddition~l co~~s. res\!ltin!;rfro"ffiarty s~th extension:' {1: -~;:~ ,·." ,, . -<, ''< ' 3.17 Status of Consultant/Subconsultants. 3.17 .1 Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. Commission retains Consultant on an independent contractor basis and not as an employee, agent or representative of the Commission. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries and other amounts due such personnel in connection with their performance of Services and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including but not limited to, social security taxes, income tax withholdings, unemployment insurance, disability insurance, and workers' compensation insurance. 3.17 .2 Prevailing Wages. By its execution of this Agreement, Consultant certifies that it is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et ~ ("Prevailing Wage Laws"), which require the payment of 17336.01400\7381061.2 7 215 prevailing wage rates and the performance of other requirements on certain "public • works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Co'nsultant agrees to fully comply with such Prevailing Wage Laws. Copies of the prevailing rate of per diem wages are on file at the Commission's offices. Consultant shall make copies of the prevailing rates of per diem wages for each craft; classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the Commission, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Certified Payrolls are to be submitted whenever required by Prevailing Wage laws. 3.17.3 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein, without the prior written consent of the Commission. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. .-,3~1~~~,4 Subcohtracting. ~onsulta · · 'nndfsut?.contract any portion of the work or SE?rvices r~qui,r,ed by this Ag~e~f;Qent, '·· cept as exri;~essly stated herein, without prior written apprpvaf.Of the Commi~,~joi1, If Consultant wi~hes to use a firm as • a subcontractor ~hich i!:jnot'~pecified in .• th~"'prC>~ps~J. upon whichifhis Agreement was awarded, prior 'written"·· approval must be obt~:ine~ from the r;tommission. The Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement Consultant has, as part of its proposal, identified certain companies/firms that will be subconsultants utilized by Consultant ("Subconsultants") for Project delivery. A list of said Subconsultants is attached hereto as Exhibit "C" Part 2 and made a part hereof. -The Commission hereby approves the use by Consultant of the Subconsultants identified in Exhibit "C" Part 2. In the event and prior to the replacement of any Subconsultant approved herein, the Consultant shall seek and obtain the Commission's written approvaL Exhibit "C" Part 2 also sets forth the rates at . which each Subconsultant shall bill the Consultant for Services and that are subject to reimbursement by the Commission to Consultant The cost of Addition Direct Costs, as defined in exhibit "C," shall be the same for both the Consultant arid all subconsultants, unless otherwise identified in Exhibit "C" Part 2. 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 17336.01400\7381061.2 8 216 • • • • 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"f11b<JJSu~,h reire~'ett~tion a~:~warrantY'rJ!t~.egard ocuments & Data which were pre!ll~red by't\;design pr~'fessi · a115. otheR than Consultant or provided to Consultant by thl~commission: 'JJ·•:; '.:: · ~~ ' ,' ',~,: ,,;,_ ' ~ --,: ~ftt; ·. . ·!>'"·."_: r' . '-*-~"-:·_·' ,;y~ ~:: -~ 4~'\v.'.:Ctfmmission shaft::. not be II itetl 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. 3.18.21ntellectual Property. In addition, Commission shall have and retain all right, title and interest (including copyright, patent, trade secret and other proprietary rights) in all plans, specifications, studies, drawings, estimates, materials, data, computer programs or software and source code, enhancements, documents, and any and all works of authorship fixed in any tangible medium or expression, including . but not limited to, physical drawings or other data magnetically or otherwise recorded on computer media ("Intellectual Property") prepared or developed by or on behalf of Consultant under this Agreement as well as any other such Intellectual Property prepared or developed by or on behalf of Consultant under this Agreement. The Commission shall have and retain all right, title and interest in Intellectual Property developed or modified under this Agreement whether or not paid for wholly or in part by Commission, whether or not developed in conjunction with Consultant, and whether or not developed by Consultant. Consultant will ·execute separate written assignments of any and all rights to the above referenced Intellectual Property upon request of Commission . 17336.0140017381061.2 9 217 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 a·nd 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, procedu~es, dra~ings~ descriptions" computer,; program ~a!~) ~'~~lr!~<?C?rd data, written mformat1on, and ~ther DQ.CUr11frits and Data · er c~~ated tJy ~r·;p'r;bvtded to Consultant in connection with the performance of th .. reerf~nt shall be "peld confidential by Consultant. Such materials shall bb{ withouUh~ prior written corilent of Commission, •. . ..•..• .• ' .Jl'ij be used by Con~ultant Jor any purjl;qse§ other than the perform~mce of the Services. Nor shall such rnaterfal's be disclos~'a;Ltl: any person or entity no~':. 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, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to alleged negligent acts, omissions, or willful misconduct of Consultant, its officials, officers, employees, agents, consultants, and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of consequential damages, expert witness fees, and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against Commission, its directors, officials, officers, employees, consultants, or agents . 17336.01400\7381061.2 10 218 • • • • • Consultant shall pay and satisfy any judgment, award or decree that may be rendered against Commission or its directors, officials, officers, employees, consultants, or agents, in any such suit, action or other legal proceeding. Consultant shall reimburse Commission and its directors, officials, officers, employees, consultants, and/or agents, for any and all legal expenses and costs. including reasonable attorney's fees, incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Commission, its directors, officials officers, employees, consultants, or agents. 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. Cbnsultarirli:sf)all;' at its expense, procure and maintain fot~;the:durati9@ of the Agreement insuranq~ against claims for injuries to persons or da~gesto.•ptf6pertfwhich m~a'rlse from ;~r in connection with the performance·~. of th~yAg,~ement by ttVe · Consull'ant, its ag~f)ts, representatives, employees or sut>contraCtors'~> Consultaht shall also require all ofits 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 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 17336.01400\7381061.2 11 219 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. 3.20.5 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the Commission to add the following provisions to the insurance policies: ~;~'}t~f{, ~ ' h ::'~,~;~~ '~~~·,;:'~ :;;,-;,:;\:l}{> ·Jf;A?J?!JfYti~(·:::'_!~~~17t>%\7Y ,}! "' (A) General Lia i.t . The general li~Pility policy shall be endorsed to state that: ~;j;) th~ Com,mission. i~" ire~f0rs;i\(1fficial~~~officers, employees • and agents shall· be CQvered. as additi~Wal ins red§';, with respect to the Services or operations perfonne€1 by or on behalf ef 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, U$e, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the Commission, its directors, officials, officers, employees and agents, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by the Commission, its directors, officials, 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. 17336.0140017381061.2 12 220 • • • • (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 Ag.reement 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 cos~$.~aili)~ a dffffrt!strativfil,~and de~'@ns~~xpens~:s~* ~:~ ' r:~ <:::· . <~}~':: c , ,_ , , ~:{~:: ,' i'~ 3.20,7lAet~":'tafJHrt of 'In rs. :;s~lhsufance is to be placed with insurers with a c~[rent ~~-Best's ral!pg flo; le arfA: VIII, licen~~d to do business in California, and sat1sfact6'fy td1the Comrmission. ~ 3.20.8 Verification of Coverage. Consultant shall furnish Commission with original certificates ofinsurance 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 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 17336.01400\7381061.2 13 221 laws, rules and regulations, and shall exercise all necessary precautions for the safety • of its employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance .of all safety measures. As between Consultant and the construction contractors only, the construction contractors shall remain solely responsible for construction safety notwithstanding any safety obligations of Consultant at the jobsite. The foregoing sentence shall not impact nor in any way modify or alter Consultant's indemnity and defense obligations to the Commission, as set forth in Section 3.19 of this Agreement, not any of Consultant's duties or obligations set forth under this Agreement, including the attached exhibits. 3.22 Fees and Payment. 3.22.1 Compensation. Consultant shall receive compensation, including authorizedreimbursements, for all Services rendered under this Agreement at the rates set forft~ fn 4 E>(~Jbit 1'0''. afta~~ed he~~O and fhcSrp6rate(:ff1erE!1n by reference. The total compeR:sation shall be on the basis of direct costs plus a fixed fee as further set forth in Exhi~it "C" ~~~ ~;balk not exceed ·. · · mci~imum amount of Eleven Million • Eight Hundred s;even .J:~hou$'and Thre~iHun "f:birty Four DoUars ($11,807,334), without written ap~rovaf~()f Commission~s'lExecuti . · Ditector. 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 .. 17336.01400\7381061.2 14 222 • • • • • (a) In addition to the changes authorized above, a modification which is signed by Consultant and the Commission's Executive Director, other than a Cardinal Change, may be made in order to: (1) make a negotiated equitable adjustment to the Agreement price, delivery schedule and other terms resulting from the issuance of a Change Order, (2) reflect definitive letter contracts, and (3) reflect other agreements of the parties modifying the terms of this Agreement ("Bilateral Contract Modification"). (b) Consultant shall not perform, nor be compensated for any change, without written authorization from the Commission's Executive Director as set forth herein. In the event such a change authorization is not issued and signed by the Commission's Executive Director, Consultant shall not provide such change. 3.22.4 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by the Commission's Representative. 3.23 Prohibited Interests. 3.23.1 Solicitation. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely fd'~'ct6nsJ,.dtant,'lo' solicit or se~4re this.'Agr!emenl~~J!Further, Consultant warrants that it h~ not pQid nor has i~agreed t~:,pay 8'11y company c5r person, other than a bona fide emplt'Dyee w~kingsolely for Qonsgftant.~t~tifif@e, comhhission, percentage, brokerage fee, gift oroth·@r consider~tion coiilingent upon or resulttt:l9 from the award or making of this Agreement For breach or violafi~n· of this warrally, the Commission shall have the right to rescind this Agreement without liability. 3.23.2 Conflict of Interest For the term of this Agreement, no member, officer or employee of the Commission, during the term of his or her service with the Commission, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.23.3 Conflict of Employment Employment by the Consultant of personnel currently on the payroll of the Commission shall not be permitted in the performance of this Agreement, even though such employment may occur outside of the employee's regular working hours or on weekends, holidays or vacation time. Further, the employment by the Consultant of personnel who have been on the Commission payroll within one year prior to the date of execution of this Agreement, where this employment is caused by and/or dependent upon the Consultant securing this or related Agreements with the Commission, is prohibited. 3.23.4 Covenant Against Contingent Fees. The Consultant represents and warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this Agreement, and that he/she has not paid or agreed to pay any company or person, 17336.0140017381061.2 15 223 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. Intentionally Omitted. 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 ears following termination of this Agreement. . /; . ;?:~~, J!%21:£8!1\\t~ ·.· ·· . • 3.2~ E uaLO rtunit Em ilb rnent. B.{Consultant represents that it is an equal opportunitl emplo~~r . . cf' it shall .~o9t d1scriniif1gf'et;kagains};. any subcontractor, • employee or ap~qcant fd~7 er\l~loyment b~cNuse'ttJl ri\~e. religion, polar, national origin, ancestry, sex or-al~;;;· Suchi'IIilon-discrirnfhation snalliinclude, bun1ot be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 3.26 Right to Emolov.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. 17336.0140017381061.2 16 224 • • • • 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: CONSULT ANT: Jacobs Project Management Co. 3257 East Guasti Road, Suite 120 Ontario, CA 91761 Attn: Joseph E. Jenkins COMMISSION: Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, CA92501 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 ofservice. 3.32 .· .. Conflicting Provisions. In the event that p~ovisions of any attached exhibits conflict in~~Y way w[lh~'+the provisions set forth in.this Plgreemeftt, the language, terms and conditions ¢qntajped jr); this Agreement shall control the actions and obligations of the Parties and fne irif~rpretq~ion of the. Parties' understanding concerning the performance,pf 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 17336.01400173810612 17 225 deemed a waiver or relinquishment of such other right or power at any other time or • times. [Signatures on following page) • • 17336.01400\7381061.2 18 226 • • • SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT IN WITNESS WHEREOF, this Agreement was executed on the date first written above. RIVERSIDE COUNTY TRANSPORTATION COMMISSION By: ------~---------------John J. Benoit Chair APPROVED AS TO FORM: By: Best Best & Krieger LLP General Counsel 17336.01400\7381061.2 19 227 JACOBS PROJECT MANAGEMENT co By: ---------------------- Name Title ~,~'¢~{' c;:c c ATTEST: By: --------------~------­ Its Secretary L_ _________________________________________ __ • • • 17336.01400\7381061.2 EXHIBIT "A" SCOPE OF SERVICES L_INSERT_j Exhibit "A" 228 • • • EXHIBIT "A" SCOPE OF SERVICES Commission is seeking proposals from qualified engineering professionals to provide Construction Management (CM), Materials Testing, Construction Surveying and public outreach services for construction of 1-215 Widening, Scott Road to Nuevo Road, Project located in the County of Riverside and cities of Menifee and Perris, CA. Services will include pre-construction plan, specification, and estimate· (PS&E) review, bid analysis, and award recommendation; construction inspection; preparation of progress payments and change orders, schedule and claim analysis; Contractor interface and contract administration; office engineering; and other assorted duties as appropriate for construction management, as well as materials testing and construction surveying and project closeout tasks. The project's final design is schedule for completion by late summer 2012. Background Information The followiQ9 ,informa,tion VIIi II be available ,on CD to,. .. ,fissist the Offeror in understanding tfie:sc . of fhe projegff\ To purchase a C0'1for $5.00 if picked up at the Commissior);JO es pr $10.0@\;if it is mail~cl to Offeror, send a request to Matthew \Wallace ~:tl lla~~ rctc.br , The ch~ck should;1be made payable to the "Riversl.de CQynty Transputtaticil co'mmissjbn." .·· ?~{\ ~ ~~1/'• . ~.~::< :,{ ; ' ·>~ 1. 95% Plan set 2. 95% Standard Special Provisions 3. 95% Engineer's estimate 4. Final Project Report (April 2011) 5. Final Environmental Document (MND/FONSI April 2011) Construction Schedule (Tentative) The anticipated construction schedule for the project is shown below: Advertisement Date: Bids Due: Recommendation to Committee: Anticipated Commission Award: Notice to Proceed Anticipated Completion Date Complete Close-Out August?, 2012 September 27, 2012 October 22, 2012 November 14, 2012 January 2, 2013 June 30, 2015 December 31, 2015 The dates listed above are contingent upon funding authorization in by August 2, 2012 . Exhibit A A-1 229 Performance Requirements Construction Management: OFFEROR shall furnish a Project Manager or a Resident Engineer as a single point of contact for this agreement and to coordinate OFFEROR'S operations with COMMISSION. The single point of contact shall be responsible for all matters related to OFFEROR'S personnel and operations. The Resident Engineer shall be in responsible charge of construction activity within the Project. The Resident Engineer and Structures Representative shall be Civil Engineers, registered in the State of California. Other Assistant Resident Engineers may be assigned to each specific project responsibilities as needed. A qualified electrical engineer or inspector shall be provided to review electrical and traffic systems requirements as well as electrical utility arrangements. If the Resident. E.ngineer is not also a registered Landscape Architect, a registered Landscape Architect shall be assigned to the project responsible for daily on-site inspections and decisions regarding highway planting and the irrigation systems that comprise a small portion of the Project. The number,,pLQFFERQ~,'"Po:~rsonnel ,;;i,ssignedto:.Jh&hv · vary throughout • the duration of th~.agreemen'L;OFF~~9H per~*ci!i'nJi"sha assigned, in varying levels of responsibHity, as needBd byfhe:OFF · .RJo mee,'% he project schedule, • project requiremer)ls, and :cMastructlo. ti t: ·•· \' · ... :·····> . . ·;. ~s> J'<~" . > . : ·· . ; • . Resumes''of personnel shall 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's 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. 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 Exhibit A A-2 230 • • • • 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 related to construction and construction engineering. OFFEROR personnel shall cooperate and consult with COMMISSION, State, and City officials during the course of the Project. Offeror shall consult with and coordinate activities of third party agencies and utilities. OFFEROR personnel shall perform duties as may be required to assure that construction is being performed in accordance with the Project plans and specifications. OFFEROR personnel shall keep accurate and timely records and document all work performed by the Contractor and OFFEROR OFFEROR shall monitor for Contractor's compliance with the labor standards provisions of the contract and the related wage determination decisions of the Secretary of Labor. OFFERO~ per,sBnnel ~hal)hassist COMMISSIR~sand l<~ffi\!,~9encies in obtaining complianc)e, wittl·rthe safeti and acoia~1;1t pre~enfion provi~1ons of the projects. Local agencies willt,tetajnjy~is,dittiona':f control f~J traffic contcpl . . . ,J,J ; •f <>"~~% •. ·' ' : ;ii; l; :~'; ii ;il All services reguired li~reund~~snall be p~rfqrmed in accorClance with California Department ~':01'' 'TransportatioRt g'uideline~~ 'regulations, . policies, procedures, manuals, and standards, except as noted in the special provisions or superseded/augmented by Commission's procedures Materials Testing: The number of field testing personnel assigned to the project will vary throughout the duration of the construction contract. OFFEROR personnel will be assigned as needed by the Resident Engineer to meet the schedule of the construction Contractor. A field technician 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. It is the intent of COMMISSION to maintain a consistency of material testing quality throughout each phase of each project. OFFEROR is therefore encouraged to provide, wherever and whenever possible, the same field personnel for the duration of the project. Exhibit A A-3 231 On days when work is not performed by the construction contractor, such as rainy or unsuitable we.ather days, OFFEROR will not provide services unless authorized by the COMMISSION Construction Manager. Resumes of materials testing personnel shall 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 returns to work. The replacement employee will meet all the requirements ofa permanently assigned employee. All personnel will be knowledgeable of, and comply with, all applicable local, Caltrans, and federal regulations; cooperate and consult with COMMISSION arid local agency officials during the course of the contract; and perform other duties as may be required to assure that the construction is being performed in accordance with permit requirements, the project plans and specifications. OFFEROR:.s per?onneLxwHJkeep recoqjs and documentJhe wprk as directed by the Reside,nt Erig[heer:"~tc · , .. ·.· · ·),><. ; · · . ·• \t;t ''" ' • :: !r~ . .•.• . ··c:, " :: ,;., ;:.~<<&· .· ~~; OFFEROR person riel ~hall assist COMfvll§Siq:t!<.ra·nd local 'agencies in obtaining • compliance ~JXith .the satety "~n,d accideri~1lpr~yention pro"1~$ions of the project. Local agencies will retain jurisdictional control for local traffic'\control. All services required hereunder will be performed in accordance with Caltrans regulations, policies, procedures, manuals, and standards as modified by the Commission's General Conditions and procedures. Construction Surveying: OFFEROR will furnish surveying crew(s) to perform construction surveys for the project. The number of survey crew(s) assigned to the project will vary throughout the duration of the construction contract. OFFEROR personnel will be assigned as needed by the Resident Engineer to meet the schedule of the construction contractor. It is the intent of COMMISSION to maintain a consistency of construction survey quality throughout each phase of each project. Therefore, OFFEROR is encouraged to provide the same field personnel for the duration of construction. It is important that the Field Party Chief(s) assigned to a project be completely familiar with the survey control and staking requirements established for the project. Construction surveying will not be performed when conditions such as weather, traffic, and other factors prevent safe and efficient operation. Exhibit A A-4 232 • • • • 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) returns to work. The replacement will be required to meet all the requirements of the permanently assigned employee. OFFEROR personnel will: • Be knowledgeable of, and comply with all, applicable local, Caltrans, state, and federal regulations. • Cooperate and consult with COMMISSION officials during the course of the contract.. ,... . · , · ""'"'' · ,_-:?./· ,v ¥kL:., . . .. /:.:i;/:r,,., ,' ,-:" c, -" ':,' ,'·'t\5'. ;; , • Perform duti~s;as may be ;required to assure construption is performed in accordance wif~' th~:proj.~ptplans'and speqificatiqns. l5 • Keep :~ontemporatit6'ouSi;;:records,:\amd document work~;~ias directed by the ' ''' ~'0t,, ' '• Cc Resident Engiheer!Y:F · · ·•· ~~4 ., . . . ·. . . }•·.~ All services required hereunder will be performed in accordance with Caltrans regulations, policies, procedures, manuals, and standards as modified by the Commission's General Conditions and procedures. Duties and Responsibilities 1. Pre-construction Services a. Plan Review OFFEROR shall review construction contract documents prior to construction. Tasks include review of plans, specifications, technical reports, Resident Engineer's pending files, and associated items in order to verify completeness and consistency throughout the Project At a minimum, OFFEROR shall check for quantity discrepancies, potential conflicts, constructability, and consistency between plans, specifications and pay items. OFFEROR'S plan review shall include a review of various discipline plans (e.g., layout, drainage, bridge, landscaping, electrical, etc.) for conflicting or missing information . Exhibit A A-5 233 b. Schedule OFFEROR shall review the proposed Project schedule, compare it to the Project plans and specifications, and provide recommendations to COMMISSION, as appropriate, to ensure efficiency of Contractor and OFFEROR operations and safe and expeditious completion of the Project. C. Budget OFFEROR shall review the Project estimate and provide recommendations to COMMISSION, as appropriate, to ensure efficient utilization of funds and control of project costs. 2. Bid Process a. Bid Documents OFFEROR shall assist COMMISSION, as requested, with the following tasks: b. ,',Vf;~:::;1~~~{&< .,.<::"_.-/ 1) · Revr~w ·<' 1 documents . 2) Review bi<J q ti.ons aJhd €ir:aft r Hl<lh{l~-aEs 3) Prepare bid t · lations:: ~~;~'t . ~~ ~ • .,, . . . ~; .z.i 1,;.(: ·Pre-construction Meetings OFFEROR shall assist COMMISSION in conducting one or more, pre-construction meetings with all involved parties on the Project. Parties may include, but are not limited to, the Contractor, the design engineer, Caltrans, county, cities, utility companies, and developers. C. Contract Award OFFEROR shall assist COMMISSION, as requested, with the following tasks: 1) Review bids for completeness and responsiveness 2) Perform bid analysis 3) Check Contractor references, licenses, insurance, and sureties 4) Coordinate with prospective Contractor for award of construction contract. All processes will be consistent with procedures outlined by Caltrans for Special Funded Programs. Exhibit A· A-6 234 • • • • • • 3. Project Administration a. OFFEROR shall administer the project construction contract using Caltrans Construction Manual as a guideline. b. OFFEROR shall conduct regular project coordination meetings with Contractor, COMMISSION, local agencies, and design engineer, as appropriate. c. OFFEROR shall prepare Contractor progress payments and maintain payment records and supporting documentation. All progress payments shall be reviewed by COMMISSION for approval. d. OFFEROR shall establish and maintain Project records. Project record keeping shall include, but are not limited to, RE and Assistant RE daily reports, correspondence, memoranda, contract documents, requests for information (RFis), change orders, claims, COMMISSION and engineer directives, meeting minutes, shop drawings, supplementary drawings, review and approval of submittals, schedule reviews and preparation of weeki~,.WJ;>rking ,QRY stf.ltements,. quantity,_caJpylatioQ~ and/or documented field ···metJ:~urememt/count anti 'Daily Extra· \lvork ··.~ep"orts that support pro&Jress pMyment~.,. OFFE~OR\ shall· maintain a record of the names, addr~sses, and .. ·t~lephone'~: and fax "ni.l'mbers ':Of the Contractors, sub§9nt[5Jct~rs.~.~nd prifit5:;ipal material suppliers. ,~:;.;·~·' . .:;;x:r~ ·:,·,: >. ~ ' e. OFFEROR shall establish and maintain a filing system for each Project using the Caltrans Construction Manual as a guideline. OFFEROR shall transmit certain project records to the Commission using either e-Rooms or lnfoWorks, an electronic transfer and collection system. (Commission will train OFFEROR in the requirements and use of the system.) f. OFFEROR shall monitor Contractors' construction schedules on an ongoing basis and alert COMMISSION to conditions that may lead to delays in completion of the Project. g. OFFEROR shall prepare and submit a Monthly Report for the project. The Monthly Report shall describe construction activity, accomplishments, issues and status of submittals, RFis, Change Orders and the project budget and schedule status against approved Baseline Schedule. A minimum of four (4) construction photos shall be submitted. h. OFFEROR shall review and ensure compliance with environmental requirements. I. OFFEROR shall participate in partnering sessions with the Contractor, Exhibit A A-7 235 J. k. I. m. 4. a. COMMISSION, and Local Agencies, if required. OFFEROR shall assure that the Project meets all provisions of the Caltrans Quality Assurance Program Manual. OFFEROR shall prepare and submit a project-specific Quality Assurance Plan (QAP) to the COMMISSION for review and approval. The QAP shall be reviewed quarterly and updated as necessary. All OFFEROR'S project personnel shall indicate their review of the QAP by signature .. OFFEROR shall review Contractors' certified payroll records and other labor compliance records and assure the construction Contractor's compliance with Contract requirements OFFEROR shall monitor and maintain records to assure that the construction Contractor complies with all provisions of the Storm Water Pollution Prevention Plan (SWPPP). OFFEROR shall assure that the Project meets all applicable regulations of the Air Quality Management District (AQMD). :.'~:\,'-,. ,:;_;-y~~~,'-5;,. . ·.-,',:' ,-<: ',' Construction. Coordination OF,FEROR .shall provide a .. m1mmum of on'k qualified Senior Resident Engineer and other qualified Resident Engineers, as;'needed to effectively manage the Project. ··· b. OFFEROR Resident Engineer shall act as the prime point of contact between Contractor, COMMISSION, OFFEROR's construction surveyor, OFFEROR's materials inspector, OFFEROR's public outreach, and utility companies. OFFEROR may, when requested by COMMISSION, act as point of contact between design engineers, cities, and the public. c. OFFEROR shall maintain regular contact with COMMISSION's Construction Manager. d. OFFEROR shall coordinate relocations and arrangements for power for the site with utility companies and their designees. , e. OFFEROR shall review Project plans and special provisions for possible errors and deficiencies prior to construction of any specific element and report such findings to COMMISSION. Should COMMISSION determine that changes are necessary, OFFEROR shall process and impl.ement change orders in accordance with contract documents. f. OFFEROR shall provide all required monitoring, coordination, and tracking Exhibit A A-8 236 • • • • • • 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. g. OFFEROR shall -review shop drawings, coordinating with the Source Inspection Project Manager and Division of Structures as appropriate. OFFEROR shall coordinate resolution of Requests for Information (RFI) with the Commission's designer and communicate actions and status with the Commission's Construction Manager. OFFEROR shall log and track all submittals and requests. h. OFFEROR shall provide a qualified SWPPP coordinator who shall review Contractor-prepared Storm Water Pollution Prevention Plans (SWPPP) and coordinate approval with COMMISSION. OFFEROR shall cooperate with monitoring agency inspections and field reviews. i. J. OFFEROR shall coordinate the implementation of any changes with the Construction Manager and the design engineer. All change orders shall be prepar~d usingN!~OfllJXti,ssion's format apJt,procecbJ(~,s. ;nu change orders wilL be *su5J;Jlitt~H · to''o~ltrans (qn the6;'Sfate 'Higli~~·y '*System) and the Corpmissiort'foraHwov~l. ... ··... . ::·· (, y /~1;1 > .· :;,;~~\',, ·~ ;i, 0 ROR 'sh~h re~iew ~hd apcprove falsework;1( shoring and other te tafy work plans. ·;. · ... k. OFFEROR shall review and approve Traffic Control Plans and forward to local jurisdictions for approval as necessary. I. OFFEROR shall coordinate all Project construction activities with other on- going projects within and adjacent to the Project limits. m. OFFEROR shall review existing highway electrical and traffic systems arrangements with Caltrans and arrange, through the construction Contractor, any temporary facilities required during construction. 5. Construction Inspection a. Exhibit A OFFEROR shall coordinate all required inspections necessary for the Project. OFFEROR shall ensure that appropriate City and local agencies are notified and present as required throughout the Project. OFFEROR shall notify COMMISSION immediately regarding any directives, recommendations, notices, etc. received from agencies other than COMMISSION before taking action . A-9 237 b. OFFEROR shall perform and document daily on-site inspections of the progress and quality of construction to determine if the work being performed is in general conformance with the contract documents, permits, all applicable laws, codes, and ordinances. 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. e. Exhibit A 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. As~~~,ru·AJHt? td\'tk ~g~prmeq,tpy. OFFg:~tJ~;;;:~e?~a~gf~hall include, but are [lot limit~d to, .to~ following~ > ··. • · ";s !~~ /·' . /i; :-c' ·'· ~ :. j\. -/i~~ ,; _,;"· 'c' :'' ' : :~~:~t~ 5~llv l;.<;:~,~!;lwor~· inspe~~ipn includin~ sdurce and qu&l~ty of imported and/or ··:l"'fill material and "'compaction~ subgrade and paving inspection including checking alignment and grade; structure work inspection including foundation construction [piling], structure element formwork, reinforcing and prestressing steel installation, concrete placement; prestressing; joint seal; and barrier layout and inspection; subsurface and finish drainage system inspection; signing and striping inspection; electrical and highway traffic system inspection; landscape hardscape, soil amendment, planting and irrigation installation inspection; fencing, temporary and permanent traffic barriers and device inspection; monitor construction traffic control and detours, and any other duties that may be required to determine that construction of the ProjeCt is being performed in accordance with the contract documents. 2) Identifying actual and potential problems associated with the Project and recommending sound engineering solutions. 3) Arrange testing in accordance with Caltrans highway materials testing and planting procedures. Arrange for necessary corrective work, as required. Provide comprehensive materials records including materials sources, inspection & test results and A-10 238 • • • • • f. • Exhibit A documented compliance with specifications. 4) Maintaining awareness of safety and health requirements. Monitoring Contractors' compliance with applicable regulations and construction contract provisions for the protection of the public and Project personnel. 5) Preparing complete and accurate daily reports, calculations, project records, payment quantity documents, reports, and correspondence related to Project activities. Documents shall be sufficient to support actual cost of force account work. 6) Preparing construction sketches, drawings, and cross-sections, as necessary. 7) Keep records of all deviations from the approved plans to assist the Design Engineer in the preparation of as-built plans. Provide final clearance dimensions from roadways to bridge soffits. ~~:) P~Q~iding/in~pections for. environr:n~ptal cqt;ppliance. Coordinate .,, witf1::'third~parl:y tonsultants\pr st~~e holders"fo(special monitoring or inspections and disposal of1J:laza[i::lou~ material •. if required . ;~: .;~~{ ~·~\·'' '' f f\o ~/~, • ~~, ~ 'o"•X •vv' '· .. ' ' •o:-<~ 9) ry1aintainif:ig awa~l;lness of waf~r discharge requirements. Monitoring "Contractors' compliance with ·i1:fppficable regulations and construction contract provisions. 1 0) Monitoring Contractors' compliance with applicable regulations required by AQMD. 11 )Coordinate Contractor's lane and/or freeway traffic closures with Caltrans and the CHP including, when necessary, the provision of CHP services for COZEEP operations. Maintain records· of COZEEP participation to support the Commission's payment process for the CHP. 12)Monitor work associated with Temporary Construction Easements and communicate with land owners through the Commission's representativ~s. 13)0ther duties as may be required or reasonably requested Construction of Cast in Drilled Hole, CIDH, piles may require the contractor to utilize "wet method" installation procedures. Use of the "wet method" requires the contractor to install inspection pipes for any piles greater than A-11 239 18" in diameter. These inspection pipes are used by the owner to determine the relative density of the pile concrete via gamma-gamma log testing. An estimated cost to perform gamma-gamma log testing as an optional service is included on the cost summary. This cost is not included in the authorized contract amount and must be approved by Commission prior to any work is preformed. · 6. Project Support a. Construction Surveys OFFEROR shall perform construction surveying services, field calculations, and home office calculations to support construction of the projects. OFFEROR may be requested to review available survey data, construCtion plans, and right-of-way plans to confirm compatibility and to identify discrepancies prior to and during construction of proposed projects. The survey effort shall assist the Construction Management team in all phases of construction. The Resident Engineer will assign survey work by issuing a "Request for Survey Services". Requests may include, butrf:lRt be limi!E;dto, tre folloV\(Ipg typesrpf~t1J;)Je¥~;;3,1ldrelated services: \:':' '<,'(<;,~'' ~< >_ ~til: ·. ·,~~ ;jqf';·::~-~ ' '',,,.· ' _,' '_._,': ~ Exhibit A 1) Cons!tucifon Svcy:eys : 'ift;,:;,!::r:1,,~ \t ,·_-,·,:.~:,-~-'''-,~ Su~~Y cal~U;latidns a~: djust~ents shalt be performe{j with established and computed coordinates b ed on the Calif6rnia Coordinate System. . Cross-section data collection shall be performed by conventional and terrain line interpolation survey methods. Survey data will include topography, cross-section, and other survey data in computer formats compatible with the Caltrans computer survey and design systems. Prepare and maintain survey documents. Survey documents include survey . field notes, maps, drawings, and other survey documents. Perform construction staking, including but not limited to: • Utility locations • Clearing limits • TCE and R/W limits • • • • Slope staking Storm drain, sanitary sewer, and irrigation systems Drainage structures Curbs, gutters, and sidewalk A-12 240 • • • • • • • Horizontal and vertical control for structures and portions of structures (bents, abutments, wingwalls, retaining walls, soundwalls, etc.) • Rough grade • Finish grade Monitor foundation embankments for settlement, if required Provide measurements to support earthwork quantity calculations Global Positioning Satellite (GPS) equipment shall be made available if required by the COMMISSION 2) Right of Way Lines Existing right of way will be established from Local Agency's record information and existing monumentation. • Right of way monumentation shall be renewed and restored in accordance with Section 10.4 of the Caltrans "Survey Manual" and the .. State of GCilifor:f(li(l Land s~rveyor'~&Act. 1-~'' ~,<'., ' •· ,, ,~,• A""· <~j • Cor~;~r re~~J;qs. a~~ re,fj:)rds 'bf s~rveys shall b~5·prepared and filed in accordance with the app1ieable slandards and the State of California L~nd.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 materiats sampling and testing. Laboratory and field Exhibit A A-13 241 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 shall be performed in accordance with California Test Methods. OFFEROR will be responsible for the accuracy and completeness of all test data compilation and results. c. . 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 relations firm will be responsible for but not limited to the following outreach activities: • • • • • • • • .Attend construction meetings <r"''~' nh· ,)'.\'<.<>;,,., .. . Dissemination ofttaffic advisorie~M;;· both' Eng.li~h· a'nd Spanish Identify ~nd .. list. ·key governm~gijlt,0~fficiaiS:t agencies, schools, hospitalstX:fire and la~~~nforcemem~officials · ... EstablishHmd maintaJn a public inguiry system01 ·Respond to public inquiries/calls ··· ·· · Organize ground breaking and ribbon cutting ceremonies Update project information bulletins at the completion of major project milestones 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. e. Site Survey OFFEROR will perform site surveys of private properties that exist within 400 feet of pile driving activities or 300 feet of the construction zone, whichever is greater. Each property will be documented with digital photography and/or digital video showing the existing pre-construction condition of improvements Exhibit A A-14 242 • • • • • • including concrete driveways, walkways, and patios, exterior structure condition, pool condition (if one exists), other exterior structures, interior walls and doorways. OFFEROR will contact each property owner and schedule an appointment to perform the property site survey. Written approval from the property owner will be received by OFFEROR prior to performing a site survey at any particular property. Documentation of each property will consist of the following: • Address of property • Property owner's name • Date Site Survey performed • Digital photographs and/or Digital video • A checklist with standard review items and specific site issues observed on the property • Written authorization to enter by property owner In the eveFtt'apropert~"'bwn~~\denie~ accessto;t~'1'~pecifi~Jr8perty, OFFEROR will make efforts to havethe iiwner~!;Sign an ci~thori~ation form denying access . Phot?~ '1!:11 be t~ke~jf6¥0t~~, prop~~¥ ... from ~~ublic' right ~f way as much as poss1 e. ' '" ' F :£' This Scope excludes the interior of structures at the Laurel Palms Apartment Complex 7. Cost and Schedule a. OFFEROR shall prepare and track the following: 1. Contract pay item quantities, materials-on-hand and progress payments 2. Extra work/Compensation adjustment payments 3. Contract change orders 4. Supplemental work items 5. Agency-furnished and/or State-furnished materials 6. Contingency balance 7. Project budget 8. Anticipated final cost b. OFFEROR shall review and monitor Contractor's schedule and inform COMMISSION of any significant changes or deviations in the schedule . Exhibit A A-15 243 c. OFFEROR shall provide and maintain a Project staffing plan of field office personnel. In cooperation with COMMISSION, the staffing plan shall be periodically updated to reflect Project progress and needs. 8. Contract Change Orders and Claims a. OFFEROR shall receive and evaluate requests for changes and/or substitutions by the Contractor. Contract Change Orders submit.ted ·to COMMISSION shall be accompanied by OFFEROR recommendations. Where applicable, OFFEROR shall convey proposed changes to design engineer, Caltrans Oversight Engineers or other project principals. If the requested changes are accepted, OFFEROR shall negotiate and prepare appropriate Contract Change Orders. b. OFFEROR shall attempt to avoid all unnecessary Contract Change Orders. When a Contract Change Order is necessary, OFFEROR shall consult with COMMISSION prior to its preparation. Unless directed otherwise by CQMMISSION,,,the\ preferred .method of p.awngpt for Contract Change Orders sH~ald be, as fol~)JIIs: · · ·· · !!• ···•··· ·.·. ' ' t-...:1:~ i ( ~~f:J~m~~fn c:pe~~~ti~~~3! a'Pid item 3. '!;:·> Time and''lnaterials or Force /{ccciunt 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 agreement, the following shall also apply: a. OFFEROR shall implement a comprehensive safety program including preparation of a project-specific AccidenUIIIness Prevention Plan and conduct regular tail-gate safety meetings for OFFEROR personnel. OFFEROR shall provide a monthly report of traffic and site safety incidents, accidents and issues to the COMMISSION as part of the Monthly Report . Exhibit A A-16 244 • • • • • • b. OFFEROR shall comply with State of California Construction Safety Orders and provisions of the Caltrans Construction Manual. c. OFFEROR shall provide appropriate safety training for all OFFEROR field personnel. d. OFFEROR shall provide all necessary safety equipment as required for OFFEROR personnel. 10. Project Close Out a. OFFEROR shall prepare a list of items to be completed and/or corrected by the Contractor for final completion of the Project. b. OFFEROR shall collect and furnish as-built information to the design engineer for preparation of as-built drawings including utility locations, electrical system element locations and system requirements, prestressing drawings and pile logs, as applicable. C. d . e. OFfE~pR shall,3~e~A!W ~nd veritr complete£):~~,~ ~~Y~~7~!;{jJ,~ drawings. :~t~, ' ?,;':-'1i~ ~-< ''~~-•• :'',' • • • '~~ OFFEROR! sh(;lll ... <:;og§;fiJct a fihal \Valk,:;;Jhrough . With COMMISSION, Ca~trans, Lc},~al f+\g~ncies, C~~tractgrs, ~1;1d tl~sign e'lgineers. ;\~ ":/ YX~J ' ' <' ·-;~:~>), ,,,'-: ·'~<-' OFFEROR shalf prepare final co~~Yruttion reports i~cluding the Project Completion Report in the format and content requirements set forth by the COMMISSION. . f. OFFEROR shall prepare and deliver to COMMISSION all project files in hard copy and/or electronic format. g. OFFEROR shall assist COMMISSION and Contractor in obtaining final release of all project permits. DELIVERABLE$. NOTE: The OFFEROR shall maintain records as described below in the Construction Field Office. In addition, certain records shall be transmitted electronically as the work proceeds to the Commission using eRooms or lnfoWorks per the Commissions procedures. a. Inspector daily reports, extra work diaries, Landscape Architect, and Resident Engineers' daily diaries. b. Monthly Project Activity Summary Reports . Exhibit A A-17 245 c. Monthly Contractor progress payments, back-up documentation, and Contractor payment records. d. Contractor final payment documents, delivered to COMMISSION no later than ten (10) working days after acceptance by COMMISSION of the completed construction project e. Project Completion Report f. All project files, project reports, correspondence, memoranda, shop drawings, project logs, schedule analyses and weekly working day statements, change order data, claims and claim reports, and Contractor payment records. g. Certified payrolls and fringe benefit statements for all employees, OFFEROR and Contractor, who are subject to the Sta.te and/or Federal prevailing wage rates. h. All material test results shall be provided in accordance with the applicable St~i~ard ~pe~i~g-~ti~nsand se.\(;cial Provisi~~i4' ~t;k e:~Jilethods. Failing tesf§ shall be 1mmed1ately rep~rt~d to tt;re Res1dent .•. _ gmeer or Structures RerjJesentattve.~.\~JL.!~$t results ·· II b · · · d on t!;le ,appropriate forms . Th~:;lest docum~rWs·:WHI be le(. d ow e identi-ty of the tester where apprqp,xi~1tt-A' noteb~;Qk con a1 ~.all results ~iJ! be kept. All test equipm€H1T shall be calibrated per California Test requirements and regularly verified. i. Unless otherwise specified in the survey request, the deliverables shall conform to the following: 1. Survey. points, lines, and monuments shall be established, marked, identified, and referenced as required by survey request and requirements herein. 2. Survey notes, drawings, calculations, and other survey documents and information shall be completed as required by the survey request and the requirements herein. j. All original survey documents resulting from this contract, including original field notes, adjustment calculations, final results, and appropriate intermediate documents, shall be delivered to the Resident Engineer and shall become the property of COMMISSION. A copy of all survey documents furnished by COMMISSION shall be retained by OFFEROR for future reference. Exhibit A A-18 246 • • • • • • When the survey is performed with a total station survey system, the original field notes shall be a hard copy in a readable format of the data (observations) as originally collected and submitted by the survey party. The hard copy shall be signed by the Party Chief. If the Party Chief is not licensed, the person in "responsible charge" will be required to sign. k. Survey deliverables shall follow the format specified below: • Horizontal Control • Alpha numeric hard copy point listing with adjusted California Coordinate System northing and eastings and the appropriate descriptions. • Vertical Control • Alpha numeric hard copy benchmark listing with adjusted elevations compatible with the design datum. • Topography • Alpha numeric hard copy listing, hard copy drawing, and computer aided drawing and design (CADD) digital drawing. The CADD drawing shall be compatible with the systems utilized by Caltrans. Data coll~ction method used to collectcross-section::c;data. and the coding (feature descriptton) of terraiwpata for .~ross-section$~; shall conform to the surVey reqyest :;~equirrtifihents. · Delivef?~bles;: shall depend on the data collection ni~thod as follows:~~ · 7 ·· · ~·i> '}:\~f~ .. • 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 a computer input file. The computer input file shall be provided in a format compatible with the systems utilized by Caltrans. I. Data Collector Data If specified in the survey request, the raw data from the data collector shall be provided in a format conforming to the survey request requirements m. Other As specified in the survey request. Exhibit A A-19 247 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 with software and a laser printer (8Yz x 11 & 11 x 17) 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. 3. OFFEROR personnel shall provide vehicles for field personnel suitable for the location and nature of the work involved. Vehicles shall be equipped with flashing yellow lights, either permanently or temporarily affixed. 4. OFFEROR personnel shall be provided with a mobile radio, cellular phone, or other means to assure full-time communication. If a radio system is used, OFFEROR shall provide a base s.tation at th.eJield office. ~·.-',,: . ·, ·, ' ',. . ''· <f!. . ' . :c ', ).<.~ ', ··:.·. v 5. OFFEROR perspnnel.shall be provided with.,a)l appli,~able standard plans, specifications, arid other standards as ~~prop'ilate. .· ' ;'::·''·" 4~.;;,:% 6. For fvlatedals Testing, OFFEROR aA'~ it~ staff shall oe 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 shall be fully staffed, equipped, and supplied to conduct all required soils, materials, and concrete breaking tests in a timely manner. b. OFFEROR's personnel will be provided with radios, mobile phones, or other means to assure full-time communication. OFFEROR vehicles will have flashing lights, visible from the rear, with a driver control switch. Vans without side windows will not be used. 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 agreement. Exhibit A Each vehicle shall be fully contained with all necessary equipment and supplies necessary to perform the field sampling and tests required. A-20 248 • • • • • • c. Field personnel will be provided with all necessary safety equipment to permit work to be performed safely and efficiently within operating highway and construction zone environments. d. All equipment to be calibrated as per Section 3-10 and 3-11 of Caltrans' Quality Assurance Program Manual. 7. For construction surveying, OFFEROR and staff shall have adequate equipment and supplies to complete the required survey work. Equipment and supplies shall, include, but not be limited to: a. Survey vehicles b. 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. Data ~~£Ce;sin~ S¥~te7t~ . ,; c ;;;~{~~~i\1\:' Dat(l proce~in~:?yst s· shal~incltlde hi:i&Q.»',are and software to: • • • ~~~~ ".,.~~ <?A<~ '-:~!'• '•v',f,.!(;@"c·• Lei Performing sun/ qfrjd staking .calculations f-m the design plans · · :and specifications; L1ic .:. 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. 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 wor~. Traffic control devices 'include signs, sign bases, flags, and hand held signs. h . Leveling instruments and equipment: Exhibit A A-21 249 • Self-leveling level. Precision: standard deviation in one mile of double run leveling 0.005 feet or less. • Suitable level rods for the work to be performed. i. Distance measuring instruments and equipment • Electronic distance measurer (EDM). Precision: standard deviation 3 mm plus 3 PPM, or less; Range: Minimum one mile under average atmospheric conditions. • Prisms, sufficient to perform the required work. • Tapes; steel, cloth. j. Angle measuring instruments and equipment k. I. • Theodolite for non-control surveys; Precision: direct circle reading to three seconds, or equivalent, horizontal and vertical. • Targets as required to perform the work. Wt~IItl2F~t£equired f~:m effi · nt survey ope survey systems cor1;listing of an~electr .· ... angle measu . ! g instrume EDM, and electronic datfii collector shall be;,r:Jrovided. Tb_e angl:e"measuring.jhstruments and EDM shalf conform to the requirem~nts fo~lhe~quipment pr~viously listed. ~tJ~>< c> ' <~:~~;\ jtrr;: '·~;c ~~; i::., Radio or cellular communications equipment for communication between field office and field crews. m. Caltrans manuals, standards, forms, and other policies and procedures to be followed to perform the required work. 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. 3. Magnetic COMMISSION logos to be affixed to OFFEROR vehicles. Standards Exhibit A A-22 250 • • • • • • All construction inspection, surveys, materials sampling and testing, and contract administration shall be in accordance with the Contract documents and current Caltrans Manuals including: 1. Construction Manual and its revisions 2. Bridge Construction Records and Procedures Manual 3. Quality Assurance Program Manual 4. Manual of Traffic Controls for Construction and Maintenance Work Zones 5. Caltrans Standard Specifications and Standard Plans 6. Caltrans Storm Water Pollution Prevention Plan (SWPPP) and Water Pollution Control Program (WPCP) Preparation Manual 7. Manual of Test (3 volumes) 8. 9 . Work not cov~red,by t~e manclals .~}lall be performed in accofdance 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 additional standards conflict with the standards specified herein, the "Survey Request's" standard shall govern. The Resident Engineer and COMMISSION will decide all questions which may arise as to the quality or acceptability of deliverables furnished and . work performed for this agreement. Any OFFEROR employee who does not perform adequately will be replaced if directed by the COMMISSION Construction Manager. · Exhibit A A-23 251 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. Apprciv~·~ubstit~t~ materials equiprnen't;'1 ~~gep(~~-,~Dffiorized in writing by COMMIJII1~'*H' . ' .::., . :F. ~~~t~·, -~t Coiqy~qt .· Q'i'71 p~j}icipat~ in ~·~tests ot tt5\'rd party in~~ections; except as autf'ltitized in writing by COMMISSION.. wr 2. 3. 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 or from the Contractor to perform services or work outside the terms of any executed contracts for this Project. Third Party Relationships Exhibit A A-24 252 • • • • • • This Agreement is intended to provide unique services for a specific project. In the development of the Project, COMMISSION has worked closely with various agencies and others in the preparation of the construction documents and other Project related materials. COMMISSION, however, is solely responsible for and will be the sole point of contact for all contractual matters related to the Project. OFFEROR shall take direction only from COMMISSION and shall regularly inform only COMMISSION of Project progress, outstanding issues, and all Project related matters. During the course of the Project, OFFEROR may find occasion to meet with City 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:tG.OM,MIS§lO~tfepresentatives. ' <,,. ',)~ Y$\t Construction Sit£f'Safety .• In addition.· to )h~ requirern~ts specifi~ elsewhere in this agreement, the following arso wifl apply: -~ i. > 1. OFFEROR will conform to the safety provisions of the Caltrans Construction Manual. 2. OFFEROR's field personnel will wear white hard hats with proper suspension, orange vests with reflective tape, sleeved shirt, long pants, and leather boots with ankle support and rubber soles at all times while working in the field. 3. OFFEROR will provide appropriate safety training for all OFFEROR's personnel. 4. All safety equipment will be provided by OFFEROR. Basis for Survey and Monument Staking COMMISSION will designate the existing horizontal and vertical control monuments that are the basis of OFFEROR performed surveys. COMMISSION will provide the California Coordinate System values and/or elevation values for Exhibit A A-25 253 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. Exhibit A A-26 254 • • • • Organization Chart • 'i • 255 • • • 17336.01400\7381061.2 EXHIBIT "B" SCHEDULE OF SERVICES L_INSERT __j Exhibit "8" 256 • • Riverside County Transportation Commission CM Services, Materials Testing, and Construction Surveying for the Construction of the 1-215 Widening, Scott Road to Nuevo Road Project /Constructablllty Review Pre-Construction Services • Bid & Award it 457 2.6 457 2.6 281 : 1.6' 257 • Labor Loading for CM Services Riverside County Transportation Commission CM Services, Materials Testing, and Construction Surveying for the Construction of the 1-215 Widening, Scott Road to Nuevo Road ProjeCt 258 • • • • • • 17336.01400\7381061.2 EXHIBIT "C" L_INSERT __j Exhibit "C" 259 • • • J COBs··· Riverside County Transportation Commission CM Services, Materials Testing, and Construction Surveying for the Construction of the 1-215 Widening, Scott Road to Nuevo Road Project Cost Proposal Summary by Firm :~:·; : '''fiirm .. · .:~t;;:, ;;,; :;; ·~· ';j; :;,. '~~~~bqfl~osk~i:>' : /,,.Q.QC:s~jfT li%TotaJ ~o~~J:~f Jacobs $ 6,275,015 $ 819,545 $ 7,094,560 MTGL $ 518,500 $ 404,391 $ 922,891 Falcon $ 1,661,047 $ 68,750 $ 1,729,797 Vali Cooper & Associates $ 516,822 $ 34,375 $ 551,197 Psomas $ 1,099,669 $ 3,000 $ 1,102,669 Coyote Nights $ 72,141 $ 2,750 $ 74,891 Arellano Associates $ 244,235 $ 38,185 $ 282,420 Meadows Consulting $ 48,908 $ -$ 48,908 Grand Total $ 10,436,338 $ 1,370,996 $ 11,807,334 260 • • • JACOBS EXHIBIT "C" COMPENSATION AND PAYMENT For the satisfactory performance and completion of the Services under this Agreement, the Commission will pay the Consultant compensation as set forth herein. · 1) ELEMENTS OF COMPENSATION. Compensation for the Services will be comprised of the following elements: 1.1 Direct Labor Costs; 1.2 Fixed Fee; and 1.3 Additional Direct Costs. a) DIRECT LABOR COSTS. Direct Labor costs shall be paid in an amount equal to the product of the Direct Salary Costs and the Multiplier which are defined as follows: i) DIRECT SALARY COSTS Direct Salary Costs are the base salaries and wages actually paid to the Consultant's personnel directly engaged in performance of the Services under the Agreement. (The range of hourly rates paid to the Consultant's personnel appears in Section 2 below.) ii) MULTIPLIER The Multiplier to be applied to the Direct Salary Costs to determine the Direct Labor Costs is 1.9908 , and is the sum of the following components: (1) (2) Direct Salary Costs Payroll Additives 1.0 0.2656 The decimal ratio of Payroll Additives to Direct Salary Costs. Payroll Additives include all employee benefits, allowances for vacation, sick leave, and holidays, and company portion of employee insurance and social and retirement benefits, all federal and state payroll taxes, premiums for insurance 261 1.1.2.3 profit} which are measured by payroll costs, and other contributions and benefits imposed by applicable laws and regulations. (3) Overhead Costs 0.7252 The decimal ratio of allowable Overhead Costs to the Consultant firm's total direct salary costs. Allowable Overhead Costs include general, administrative and overhead costs of maintaining and operating established offices, and consistent with established firm policies, and as defined in the Federal Acquisitions Regulations, Part 31.2. (4) Profit 10% Total Multiplier 2.18988 (sum of 1.1.2.1, 1.1.2.2, and multiplied by the percentage of b} FIXED FEE. i) The Fixed Fee is the Profit as determined in Section 1.1.2.4 . The Maximum Fixed Fee under this Agreement is 1 0% ($ 566 1 07 ) C) ADDITIONAL DIRECT COSTS. Additional Direct Costs directly identifiable to the performance of the services of this Agreement shall be reimbursed at the rates below, or at actual invoiced cost. Rates for identified Additional Direct Costs are as follows: Per Diem Car mileage Rental Car Travel _ Photocopies (Black & White) Photocopies (Color) Photographs/ other reprographic Services 262 REIMBURSEMENT RATE Actual Cost 0.555 or current IRS rate Actual Cost Actual Cost $0.02 /copy $0.10 /copy Actual Cost • • • • • • Postage/Shipping Courier Service Other Rentals, supplies, purchases Lease Vehicles Cell Phones Office Rental and Maintenance Equipment and Supplies Software/Hardware Actual Cost Actual Cost Actual Cost $1 ,300.00/Mo. $75.00/Mo Actual Cost Actual Cost Actual Cost Travel by air and travel in excess of 100 miles from the Consultant's office nearest to the Commission's office must have the Commission's prior written approval to be reimbursed under this Agreement. 2) DIRECT SALARY RATES Direct Salary Rates, which are the range of hourly rates to be used in determining Direct Salary Costs in Section 1.1.1 above, are given below and are subject to the following: a) Direct Salary Rates shall be applicable to both straight time and overtime work, unless payment of a premium for overtime work is required by law, regulation or craft agreement, or is otherwise specified in this Agreement. In such event, the premium portion of Direct Salary Costs will not be subject to the Multiplier defined in Paragraph 1.1.2 above. b) Direct Salary Rates shown herein are in effect for one year following the effective date of the Agreement. Thereafter, they may be adjusted annually to reflect the Consultant's adjustments to individual compensation. The Consultant shall notify the Commission in writing prior to a change in the range of rates included herein, and prior to each subsequent change. POSITION OR CLASSIFICATION Principal Director Project Manager/RE Utilities Coordinator Quality Assurance Structures Representative Structures Inspector 263 RANGE OF HOURLY RATES $90.00-$125.00/hour $80.00-$115.00/hour $70.00-$1 00.00/hour $45.00 -$ 75.00/hour $60.00 :. $ 90.00/hour $55.00 -$ 90.00/hour $45.00 -$ 80.00/hour Traffic Safety Roadway Inspector Welding Inspector Office Engineer Safety Manager Project Controls $45.00 -$ 80.00/hour $45.00 -$ 80.00/hour $45.00 -$ 80.00/hour $30.00 -$ 55.00/hour $45.00 -$ 80.00/hour $45.00 -$ 80.00/hour c) The above rates are for the Consultant only. All rates for subconsultants to t~e Consultant will be in accordance with the Consultant's cost proposal. 264 • • • • • • 17336.0140017381061.2 EXHIBIT "C" Part 2 List of Approved Subconsultant and Rates Exhibit "C" Part 2 265 • • • EXHIBIT "D" CERTIFICATE OF COMMISSION I HEREBY CERTIFY that I am the of the RIVERSIDE COUNTY TRANSPORTATION COMMISSION, and that the consulting firm of or its representative has not been required (except as herein expressly stated}, directly or indirectly, as an express or implied condition in connection with obtaining or carrying out this Agreement to: (a) employ, retain, agree to employ or retain, any firm or person; or (b) pay or agree to pay, to any firm, person or organization, any fee, contribution, donation, or consideration of any kind. acknowledge that this Certificate is to be made available to the California Department of Transportation (Caltrans) in connection with this Agreement involving participation of federal-aid Highway funds, and is subject to applicable State and Federal laws, botp criminal and civi.L ' . ' ' . . . . ' ''~' ·-~ ~.: .. _.,} •. By: _··\'~.::..,;11,7r-:"c --,.;..:------:--..;._ ____ •7il Sigii~tUre Name Title Date 17336.0140017381061.2 Exhibit "D" 266 • • • DRAFT ATTACHMENT 2 08-RIV-215-R14.20/28.50 EA: OF162 Federal Funds District Agreement 08-1533 Project Number 0800000116 RCTC Agreement 12-31-078-00 CONSTRUCTION COOPERATIVE AGREEMENT This agreement, effective on , is between the State of California, acting through its Department ofTransportation, referred to as CAL TRANS, and: Riverside County Transportation Commission, a public entity referred to as RCTC. For the purpose of this agreement, the term PARTNERS collectively refers to CAL TRANS and RCTC (all signatory parties to this agreement). The term PARTNER refers to any one ofthose signatory parties individually. I. 2. RECITALS California Streets and Highways Code sections 114 and 130 authorize PARTNERS to enter into a cooperative agreement for performance of work within the State Highway System (SHS) right of way . For the purpose of this agreement, completion of the construction on Interstate 215 (1- 2 1 5) in Southwest Riverside County, from Scott Road to Nuevo Road JC, of a mixed flow lane in each direction and the reconstruction of auxiliary lanes between D Street and Nuevo Road will be referred to as PROJECT. All responsibilities assigned in this agreement to complete the construction of the PROJECT will be referred to as OBLIGATIONS. This agreement outlines the terms and conditions of cooperation between PARTNERS to complete OBLIGATION for PROJECT. 3. ·This agreement is separate from and does not modify or replace any other cooperative agreement or memorandum of understanding between PARTNERS regarding PROJECT. 4. Prior to this agreement, RCTC developed the Project Initiation Document; RCTC developed the Projec~ Report (Cooperative Agreement No. 1371); RCTC is developing the Plans, Specifications and Estimate (Cooperative Agreement No. 1371); and RCTC is developing the Right of Way Certification (Cooperative Agreement No. 1371). 5. CAL TRANS signed and approved the Negative Declaration pursuant to CEQA and the Findings ofNo Significant Impact pursuant to NEPA on April 12, 2011. 6. The estimated date for OBLIGATION COMPLETION is December 31, 2017 . PACT Version 10.1.2011_02_18 1 of 22 267 District Agreement 08-1533 RCTC Agreement 12-31-078-00 DRAFT 7. In this agreement capitalized words represent defined terms and acronyms. The Definitions section contains a complete definition for each capitalized term. 8. From this point forward, PARTNERS define in this agreement the terms and conditions under which they will accomplish OBLIGATIONS. RESPONSIBILITIES 9. RCTC is SPONSOR for 100% ofPROJECT. 10. CAL TRANS will provide IQA for the portions of WORK within existing and proposed SHS right of way. CAL TRANS 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. 11. RCTC may provide IQA for the portions of WORK outside existing and proposed SHS right of way. 12. RCTC is the only FUNDING PARTNER for this agreement. RCTC's funding commitment is defined in the FUNDING SUMMARY. 13. CAL TRANS is the CEQA lead agency for PROJECT. 14. CAL TRANS is the NEPA lead agency for PROJECT. 15. RCTC is IMPLEMENTING AGENCY for CONSTRUCTION. SCOPE Scope: General 16. PARTNERS will perform all OBLIGATIONS in accordance with federal and California laws, regulations, and standards; FHWA STANDARDS; and CALTRANS STANDARDS. 17. IMPLEMENTING AGENCY for a PROJECT COMPONENT will provide a Quality Management Plan (QMP) for that component as part of the PROJECT MANAGEMENT PLAN. The District Construction Division, with input from Structure Construction must approve the Quality Management Plan (QMP) before the encroachment permit for construction is issued. PACT Version 10.1.2011_02_18 2 of 22 268 • • • • • • 18. DRAFT District Agreement 08-1533 RCTC Agreement 12-31-078-00 Any PARTNER may, at its own expense, have representatives observe any OBLIGATIONS performed by another PARTNER. Observation does not constitute authority over those OBLIGATIONS. 19. Each PARTNER will ensure that all of its personnel participating in OBLJGATIONS are appropriately qualified, and if necessary, licensed to perform the tasks assigned to them. 20. IMPLEMENTING AGENCY shall retain consultants and shall invite CAL TRANS to participate in the selection of retained consultants that participate in OBLIGATIONS. At least one representative from the Construction Division of CAL TRANS shall be invited to participate in the selection team process. A construction management firm shall not be selected without the majority approval of the selection team. 21. If WORK is done under contract (not completed by a PARTNER's own employees) and is governed by the California Labor Code's definition of"public works" (section 1720(a)(a)), that PARTNER will conform to sections 1720-1815 ofthe California Labor Code and all applicable regulations and coverage determinations issued by the Director of Industrial Relations. 22. IMPLEMENTING AGENCY for each PROJECT COMPONENT included in this agreement will be available to help resolve problems generated by that component for the entire duration of PROJECT . 23. CAL TRANS will issue, upon proper application, the encroachment permits required for WORK within SHS right of way. Contractors and/or agents, and utility owners will not perform WORK without an encroachment perm' it issued in their name. 24. If any PARTNER discovers unanticipated cultural, archaeological, paleontological, or other protected resources during WORK, all WORK in that area will stop and that PARTNER will notify all PARTNERS within 24 hours of discovery. WORK may only resume after a qualified professional has evaluated the nature and significance of the discovery and a plan is approved for its removal or protection. 25. PARTNERS will hold all administrative drafts and administrative final reports, studies, materials, and documentation relied upon, produced, created, or utilized for PROJECT in confidenceto the extent permitted by law. Where applicable, the provisions of California Government Code section 6254.5( e) will govern 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 PROJECT without the written consent ofthe PARTNER authorized to release them, unless required or authorized to do so by law . PACT Version 10,1.2011_02_18 3 of22 269 26. DRAFT District Agreement 08-1533 RCTC Agreement 12-31-078-00 If any PARTNER receives a public records request, pertaining to OBLIGATIONS, that PARTNER will notify PARTNERS within five (5) working days of receipt and make PARTNERS aware of any disclosed public records. PARTNERS will consult with each other prior to the release of any public documents related to the PROJECT. 27. lfHM-1 or HM-2 is found during a PROJECT COMPONENT, IMPLEMENTING AGENCY for that PROJECT COMPONENT will immediately notify PARTNERS. 28. CAL TRANS, independent ofPROJECT, is responsible for any HM-1 found within the existing SHS right of way. CAL TRANS will undertake or cause to be undertaken HM _MANAGEMENT ACTIVITIES related to HM-1 with minimum impact to PROJECT schedule. 29. IfHM-1 is found within PROJECT limits and outside the existing SHS right ofway, responsibility for such HM-1 rests with the owner(s) ofthe parcel(s) on which the HM-1 is found. RCTC, in concert with the local agency having land use jurisdiction over the parcel(s), will ensure that HM MANAGEMENT ACTIVITIES related to HM-1 are undertaken with minimum impact to PROJECT schedule. 30. IfHM-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 MANAGEMENT ACTIVITIES related to HM-2. 31. CAL TRANS' acquisition or acceptance of title to any property on which any HM-1 or HM-2 is found will proceed in accordance with CAL TRANS' policy on such acquisition. 32. PARTNERS will comply with all ofthe 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. 33. IMPLEMENTING AGENCY for each PROJECT COMPONENT will furnish PARTNERS with written monthly progress reports during the implementation of OBLIGATIONS in that component. 34. Upon OBLIGATION COMPLETION, ownership or title to all materials and equipment constructed or installed for the operations and/or maintenance of the SHS within SHS right of way as part of WORK become the property of CAL TRANS. CAL TRANS will not accept ownership or title to any materials or equipment constructed or installed outside SHS right of way. 35. 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. PACT Version 10.1.2011_02_18 4 of22 270 • • • • • • Dist~ict Agreement 08-1533 RCTC Agreement 12-31-078-00 DRAFT 36. PARTNERS will confer on any claim that may affect OBLIGATIONS or PARTNERS' liability or responsibility under this agreement in order to retain resolution possibilities for potential future claims. No PARTNER will prejudice the rights of another PARTNER until after PARTNERS confer on claim. 37. PARTNERS will maintain, and will ensure that any party hired by PARTNERS to participate in OBLIGATIONS will maintain, a financial management system that conforms to Generally Accepted Accounting Principles (GAAP), and that can properly accumulate and segregate incurred PROJECT costs, and provide billing and payment support. 38. PARTNERS will comply with the appropriate federal cost principles and administrative requirements outlined in the Applicable Cost Principles and Administrative Requirements table below. These principles and requirements apply to all funding types included in this agreement. 39. PARTNERS will ensure that any party hired to participate in OBLIGATIONS will comply with the appropriate federal cost principles and administrative requirements outlined in the Applicable Cost Principles and Administrative Requirements table below. • :c~~·Prin~iples an(ftAdrnini~~t~tiol'l.R~~tilrernent~ ~A';' The federal cost principles and administrative requirements associated with each organization type apply to that organization. Organization Type Federal Governments State and Local Government Educational Institutions Non-Profit Organizations For Profit Organizations Cost Principles 2 CFR Part 225 2 CFR, Part 225 2 CFR, Part 220 2 CFR, Part 230 48 CFR, Chapter 1, Part 31 CFR (Code of Federal Regulations) OMB (Office of Management and Budget) Related URLs: Administrative Requirements OMB A-102 49 CFR, Part 18 2 CFR, Part 215 2 CFR, Part 215 49 CFR, Part 18 • Various OMB Circular: • Code of Federal Regulations: http://www.whitehouse.gov/omb/grants_circulars http:/ /www.gpoaccess.gov/CFR 40. PARTNERS will maintain and make available to each other all OBLIGATIONS-related documents, including financial data, during the term of this agreement. 41. PARTNERS will retain all OBLIGATIONS-related records for three (3) years after the final voucher. 42. PARTNERS have the right to audit each other in accordance with generally accepted governmental audit standards . PACT Version 10.1.2011_02_18 5 of22 271 DRAFT District Agreement 08-1533 RCTC Agreement 12-31-078-00 CALTRANS, the state auditor, FHWA, and RCTC will have access to all OBLIGATIONS-related records of each PARTNER, and any party hired by a PARTNER to participate in OBLIGATIONS, for audit, examination, excerpt, or transcription. 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 auditing PARTNERwill be permitted to make copies of any OBLIGATIONS-related records needed for the audit. The audited PARTNER will review the draft audit, findings, and recommendations, and provide written comments within 30 calendar days of receipt. Upon completion ofthe final audit, PARTNERS have 30 days to refund or invoice as necessary in order to satisfy the obligation of the audit. 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. 43. PARTNERS will undergo an annual audit in accordance with the Single Audit Act of OMB Circular A-133. 44. Any PARTNER that hires another party to participate in OBLIGATIONS will conduct a pre-award audit of that party in accordance with the Local Assistance Procedures Manual. 45. PARTNERS will not incur costs beyond the funding commitments in this agreement. If IMPLEMENTING AGENCY anticipates that funding for WORK will be insufficient to complete WORK, IMPLEMENTING AGENCY will promptly notify SPONSOR. IMPLEMENTING AGENCY has no obligation to perform WORK if funds to perform WORK are unavailable. 46. If WORK stops for any reason, IMPLEMENTING AGENCY will place all facilities impacted by WORK in a safe and operable condition acceptable to CAL TRANS. 47. If WORK stops for any reason, each PARTNER will continue to implement all of its 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 .. PACT Version 10.1.2011_02_18 6 of22 272 • • • • • • DRAFT District Agreement 08-1533 RCTC Agreement 12-31-078-00 48. Each PARTNER accepts responsibility to complete the activities that it selected on the SCOPE SUMMARY. Activities marked with "N/A" on the SCOPE SUMMARY are not included in the scope of this agreement. 49. Contract administration procedures shall conform to CAL TRANS' Construction Manual, Local Assistance Procedures Manual (if Federal funds are used), and the PROJECT encroachment permits. 50. If the Resident Engineer is not also a registered Landscape Architect, RCTC will furnish, at RCTC expense and subject to approval ofCALTRANS Landscape Architecture, a registered Landscape Architect to perform work related to architecture treatment and landscaping and to perform the function of an Assistant Resident Engineer/Inspector who is responsible for both daily on-site inspection and final decisions including, but not limited to, any highway planting and the irrigation systems that comprise a portion of the PROJECT work, consistent with any applicable measures in the environmental commitments record. Final decisions shall continue to be subject to the satisfaction and approval ofCALTRANS. 51. Within one hundred eighty (180) days following the completion ,and acceptance of the PROJECT construction contract, to furnish CAL TRANS with a complete set of"As- Built" plans (hard copy and electronic formats) in accordance with CAL TRANS' then current CADD Users Manual, Plans Preparation Manual, and CAL TRANS practice. The submittal must also include all CAL TRANS requested contract records, including survey documents and Records of Surveys (to include monument perpetuation per the Land Surveyor Act, section 8771, including but not limited to preconstruction monumentation documents and a post construction Record of Survey that have been filed with the County Surveyor's Office). RCTC shall also submit corrected full-sized hardcopy structure plans. Scope: Environmental Permits, Approvals and Agreements 52. Each PARTNER identified in the Environmental Permits table below accepts the responsibility to complete the assigned activities. Environmental Permits __ : . Permit Coordinate Prepare Obtain Jmplement Renew 404 USACOE. RCTC RCTC RCTC RCTC RCTC 401 RWQCB RCTC RCTC RCTC RCTC RCTC NPDES RCTC RCTC RCTC RCTC RCTC SWRCB 1602 DFG RCTC RCTC RCTC RCTC RCTC PACT Version 10.1.2011_02_18 273 Amend RCTC RCTC RCTC RCTC 7 of22 DRAFT District Agreement 08-1533 RCTC Agreement 12-31-078-00 Scope: CONSTRUCTION 53. RCTC will advertise, open bids, award, approve, and administer the construction contract in accordance with the California Public Contract Code and the California Labor Code. 54. 55. RCTC will not advertise the construction contract until CAL TRANS completes or accepts the final plans, specifications, and estimate package; CAL TRANS approves the Right of Way Certification; and SPONSOR verifies full funding of CONSTRUCTION SUPPORT and CONSTRUCTION CAPITAL. By accepting responsibility to advertise and award the construction contract, RCTC also accepts responsibility to administer the construction contract. PARTNERS agree that RCTC is designated as the Legally Responsible Person and the Approved Signatory Authority pursuant to the Construction General Permit, State Water Resources Control Board (SWRCB) Order Number 2009-0009-DWQ, as defined in Appendix 5, Glossary, and assumes all roles and responsibilities assigned to the Legally Responsible Person and the Approved Signatory Authority as mandated by the Construction General Permit. RCTC will provide a RESIDENT ENGINEER, licensed to practice Civil Engineering in the State of California, and construction support staff that are independent of the design engineering company and construction contractor. IMPLEMENTING AGENCY will implement changes to the construction contract through contract change orders (CCOs). PARTNERS will review and concur on all CCOs over $100,000. CAL TRANS must approve all CCOs affecting public safety or the preservation of property, all design and specification changes, and all major changes as defined in the CAL TRANS Construction Manual prior to implementing the CCO. 56. IMPLEMENTING AGENCY will use a CAL TRANS-approved construction contract claims process, will administer all claims through said process, and will be available to provide advice and technical input in any claims process. 57. If the lowest responsible construction contract bid is greater than the funding commitment to CONSTRUCTION CAPITAL, all PARTNERS must be involved in determining how to proceed. IfPARTNERS do not agree in writing on a course of action within 15 working days, the IMPLEMENTING AGENCY shall not award the construction contract. PACT Version 10.1.2011_02_18 8 of22 274 • • • • • • 58. DRAFT District Agreement 08-1533 RCTC Agreement 12-31-078-00 RCTC will require the construction contractor to furnish payment and performance bonds naming RCTC as obligee, and CAL TRANS as additional obligee, and to carry liability insurance in accordance with CAL TRANS specifications. 59. RCTC will submit a written request to CAL TRANS for any SFM identified in the PROJECT plans, specifications, and estimate a minimum of 45 days prior to the bid advertisement date for PROJECT construction contract. RCTC will submit a written request to CAL TRANS for any additional SFM deemed necessary during PROJECT construction. 60. CAL TRANS will make SFM available at a CAL TRANS-designated location after RCTC requests SFM and pays CAL TRANS' invoice for estimated SFM costs. 61. CAL TRANS will issue the parent permit to RCTC citing completion of a Quality Management Plan (QMP) as a condition of issuing the double permit. 62. 63. RCTC will prepare a QMP which will include a description of how source inspection will be performed and will submit the QMP to CAL TRANS for review and approval by the State Materials Engineer. CAL TRANS will issue the double permit to the contractor after the proper permit application is submitted and all conditions stipulated by the parent permit are met. RCTC will provide, or cause to provide, source inspection services. As IMPLEMENTING AGENCY for CONSTRUCTION, RCTC is responsible for maintenance within PROJECT limits as part of the construction contract. PARTNERS will execute a separate maintenance agreement prior to OBLIGATION COMPLETION. COST Cost: General 64. The cost of any awards, judgments, or settlements generated by OBLIGATIONS is an OBLIGATIONS COST. 65. CAL TRANS, independent ofPROJECT, will pay, or cause to be paid, all costs for HM MANAGEMENT ACTIVITIES related to HM-1 found within the existing SHS right of way . PACT Version 10.1,2011_02_18 9 of22 275 66. DRAFT District Agreement 08-1533 RCTC Agreement 12-31-078-00 Independent of PROJECT,, all costs for HM MANAGEMENT ACTIVITIES related to HM-1 found within PROJECT limits and outside ofthe existing SHS right ofway will be the responsibility ofthe owner(s) ofthe parcel(s) where the HM-1 is located. 67. HM MANAGEMENT ACTIVITIES costs related to HM-2 are CONSTRUCTION SUPPORT and CONSTRUCTION CAPITAL costs. 68. The cost to comply with and implement the commitments set forth in the environmental documentation is an OBLIGATIONS COST. 69. The cost to ensure that PROJECT remains in environmental compliance is an OBLIGA TJONS COST. 70. The cost of any legal challenges to the CEQA or NEPA environmental process or documentation is an OBLIGATIONS COST. 71. Independent of OBLIGATIONS COST, CAL TRANS will fund the cost of its own IQA for WORK done within existing or proposed future SHS right of way. 72. Independent ofOBLIGATIONS COST, RCTC will fund the cost ofits own IQA for WORK done outside existing or proposed future SHS right of way. 73. CAL TRANS will provide encroachment permits to PARTNERS, their contractors, consultants and agents, at no cost. 74. Fines, interest, or penalties levied against a PARTNER will be paid, independent of OBLIGATIONS COST, by the PARTNER whose actions or Jack of action caused the levy. 75. CAL TRANS will administer all federal subvention funds identified on the FUNDING SUMMARY. 76. Travel, per diem, and third-party contract reimbursements are an OBLIGATIONS COST only after those hired by PARTNERS to participate in OBLIGATIONS incur and pay those costs. Payments for travel and per diem will not exceed the rates paid rank and file state employees under current California Department of Personnel Administration (DPA) rules current at the effective date of this agreement. If RCTC invoices for rates in excess of DPA rates, RCTC will fund the cost difference and reimburse the appropriate funding source for any overpayment. 77. The cost of any engineering support performed by CAL TRANS includes all direct and applicable indirect costs. CAL TRANS calculates indirect costs based solely on the type of funds used to pay support costs. State and federal funds are subject to the current PACT Version 10.1.2011_02_18 10 of 22 276 • • • • • • 78. 79. 80. 81. DRAFT District Agreement 08-1533 RCTC Agreement 12-31-078-00 Program Functional Rate. Local funds are subject to the current Program Functional Rate and the current Administration Rate. The Program Functional Rate and the Administration Rate are adjusted periodically. Any OBLIGATION COST for which any PARTNER received payment or credit that is determined to be unallowable by a subsequent state or federal audit are subject to repayment of the appropriate funding source by that PARTNER within thirty (30) working days of demand or within such other period of time as mutually agreed by PARTNERS. The cost to place PROJECT right of way in a safe and operable condition and meet all environmental commitments is an OBLIGATIONS cost. 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. That IMPLEMENTING AGENCY may request reimbursement for these costs during the amendment process. 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, each PARTNER implementing commitments or conditions accepts responsibility to fund these activities, as they apply to each PARTNER's responsibilities, until such time as PARTNERS amend this agreement. Each PARTNER may request reimbursement for these costs during the amendment process. 82. PARTNERS will pay invoices within 30 calendar days ofre,ceipt of invoice. Cost: Environmental Permits, Approvals and Agreements 83. The cost of coordinating, obtaining, complying with, implementing, and if necessary renewing and amending resource agency permits, agreements, and/or approvals is an OBLIGATIONS COST. Cost: CONSTRUCTION Support PACT Version 10.1.2011_02_18 11 of 22 277 84. DRAFT District Agreement 08-1533 RCTC Agreement 12-31-078-00 The cost to maintain the SHS within PROJECT limits is an OBLIGATIONS COST until PARTNERS execute a separate maintenance agreement. 85. Each PARTNER listed below may submit invoices for CONSTRUCTION Support: RCTC will submitto CAL TRANS monthly invoices of actual expenditures. After PARTNERS agree that all WORK is complete, RCTC will submit a final accounting for all OBLIGATIONS COSTS. Based on the final accounting, PARTNERS will refund or invoice as necessary in order to satisfy the financial commitments of this agreement. Cost: CONSTRUCTION Capital 86. The cost of all SFM is a CONSTRUCTION CAPITAL cost. 87. CAL TRANS will invoice RCTC for the actual cost of any SFM as a CONSTRUCTION CAPITAL cost. After PARTNERS agree that all WORK is complete, CAL TRANS will submit a final accounting for all SFM costs. Based on the final accounting, PARTNERS will refund or invoice as necessary in order to satisfy the financial commitments of this agreement. Each PARTNER listed below may submit invoices for CONSTRUCTION Capital: RCTC will submit to CAL TRANS monthly invoices of actual expenditures. After PARTNERS agree that all WORK is complete, RCTC will submit a final accounting for all OBUGA TIONS COSTS. Based on the final accounting, PARTNERS will refund or invoice as necessary in order to satisfy the financial commitments of this agreement. SCHEDULE 88. PARTNERS will manage the schedule for OBLIGATIONS through the work plan included in the PROJECT MANAGEMENT PLAN. GENERAL CONDITIONS 89. PARTNERS understand that this agreement is in accordance with and governed by the Constitution and laws ofthe State of California. This agreement will be enforceable in the State of California. Any PARTNER initiating legal action arising from this agreement will file and maintain that legal action in the Superior Court of the county in which the PACT Version 10.1.2011_02_18 12 of 22 278 • • • • • • 90. 91. 92. 93. DRAFT District Agreement 08-1533 RCTC Agreement 12-31-078-00 CAL TRANS district office that is signatory to this agreement resides, or in the Superior Court of the county in which PROJECT is physically located. 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. Any PARTNER performing IQA does so for its own benefit. No one can assign liability to that PARTNER due to its IQA activities. 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 CAL TRANS and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CAL TRANS under this agreement. h is understood ·and agreed that CAL TRANS will fully defend, indemnify, and save harmless RCTC and all of its officers anq 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 CAL TRANS and/or its agents under this agreement. Neither CAL TRANS 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 and/or its agents 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 CAL TRANS 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 and/or its agents under this agreement. 94. PARTNERS do not intend this agreement to create a third party beneficiary or define duties, obligations, or rights in parties not signatory to this agreement. PARTNERS do not intend this agreement to affect their legal liability by imposing any standard of care for fulfilling OBLIGATIONS different from the standards imposed by law. 95. PARTNERS will not assign or attempt to assign OBLIGATIONS to parties not signatory to this agreement. 96. PARTNERS will not interpret any ambiguity contained in this agreement against each other. PARTNERS waive the provisions of California Civil Code section 1654 . PACT Version 1 0.1.2011_02_18 13 of 22 279 97. DRAFT District Agreement 08-1533 RCTC Agreement 12-31-078-00 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 ofthis agreement. 98. 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. 99. If any PARTNER defaults in its OBLIGATIONS, a non-defaulting PARTNER 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 may initiate dispute resolution. 100. 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 ofRCTC will attempt to negotiate a resolution. lfPARTNERS do not reach a resolution, 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 OBLIGATIONS in accordance with the terms of this agreement. However, if any PARTNERstops fulfilling OBLIGATIONS, any other PARTNER may seek equitable relief to ensure that OBLIGATIONS continue. • 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. PARTNERS will file any civil complaints in the Superior Court of the county in which the CAL TRANS district office signatory to this agreement resides, or in the Superior Court of the county in which PROJECT is physically located. 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. 101. PARTNERS maintain the ability to pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution. 102. 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 provision's invalid, inoperative, or unenforceable, and PARTNERS will automatically sever those provisions from this agreement. 103. PARTNERS intend this agreement to be their final expression and supersede any oral understanding or writings pertaining to OBLIGATIONS. PACT Version 10.1.2011_02_18 14 of 22 280 • • • • District Agreement 08-1533 RCTC Agreement 12-31-078-00 DRAFT 104. 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. 105. PARTNERS will execute a formal written amendment ifthere are any changes to OBLIGATIONS. 106. This agreement will terminate upon OBLIGATION COMPLETION or an amendment to terminate this agreement, 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. 107. The following documents are attached to, and made an express part of this agreement: SCOPE SUMMARY, FUNDING SUMMARY. DEFINITIONS CAL TRANS-The California Department ofTransportation CAL TRANS STANDARDS-CAL TRANS 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. CEQA (California Environmental Quality Act)-The act (California Public Resources Code, sections 2] 000 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. CFR (Code of Federal Regulations)-The general and permanent rules published in the Federal Register by the executive departments and agencies of the federal government. CONSTRUCTION CAPITAL-See PROJECT COMPONENT. CONSTRUCTION SUPPORT-See PROJECT COMPONENT. COOPERATIVE AGREEMENT CLOSURE STATEMENT-A document signed by PARTNERS that verifies the completion of all OBLIGATIONS included in this agreement and in all amendments to this agreement. COST-The responsibility for cost responsibilities in this agreement can take one of three assignments: PACT Version 10.1.2011_02_18 15 of 22 281 DRAFT District Agreement 08-1533 RCTC Agreement 12-31-078-00 • OBLIGATIONS COST-A cost associated with fulfilling OBLIGATIONS that will be funded as part of this agreement. The responsibility is defined by the funding commitments in this agreement. • PROJECT COST-A cost associated with PROJECT that can be funded outside of OBLIGATIONS. A PROJECT COST may not necessarily be part ofthis agreement. This responsibility is defined by the PARTNERS' funding commitments at the time the cost is incurred. • PARTNER COST-A cost that is the responsibility of a specific PARTNER, independent ofPROJECT. FHWA-Federal Highway Administration FHWA STANDARDS-FHWA regulations, policies and procedures, including, but not limited to, the guidance provided at www.fhwa.dot.gov/topics.htm. FUNDING PARTNER-A PARTNER that commits a defined dollar amount to fulfill OBLIGATIONS. Each FUNDING PARTNER accepts responsibility to provide the fund.s identified on the FUNDING SUMMARY under its name. FUNDING SUMMARY-The table that designates an agreement's funding sources, types of funds, and the PROJECT COMPONENT in which the funds are to be spent. Funds listed on the FUNDING SUMMARY are "not-to-exceed" amounts for each FUNDING PARTNER. GAAP (Generally Accepted Accounting Principles)-Uniform minimum standards and guidelines for financial accounting and reporting issued by the Federal Accounting Standards Advisory Board that serve to achieve some level of standardization. See http://www.fasab.gov/accepted.html. 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. PACT Version 10.1.2011_02_18 16 of 22 282 • • • • • • DRAFT District Agreement 08-1533 RCTC Agreement 12-31-078-00 IQA (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 (QMP). IQA does nqt include any work necessary to actually develop or deliver WORK or any validation by verifying or rechecking work performed by another partner. NEPA (National Environmental Policy Act of 1969)-The federal act that establishes a national policy for the environment and a process to disclose the adverse impacts of projects with a federal nexus. OBLIGATION COMPLETION-PARTNERS have fulfilled all OBLIGATIONS included in this agreement, and all amendments to this agreement, and have signed a COOPERATIVE AGREEMENT CLOSURE STATEMENT. OBLIGATIONS-All responsibilities included in this agreement. OBLIGATIONS COST-See COST. OMB (Office of Management and Budget)-The federal office that oversees preparation ofthe federal budget and supervises its administration in Executive Branch agencies. PARTNER-Any individual signatory party to this agreement. . PARTNERS-The term 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-The undertaking of the construction on Interstate 215 (I-215) in Southwest Riverside County, from Scott Road to Nuevo Road IC, of a mixed flow lane in each direction and the reconstruction of auxiliary lanes between D Street and Nuevo Road. PROJECT COMPONENT-A distinct portion of the planning and project development process of a capital project as outlined in California Government Code, section 14529(b ). • PID (Project Initiation Document)-The activities required to deliver the project initiation document for PROJECT. • PA&ED (Project Approval and Environmental Document) -The activities required to deliver the project approval and environmental documentation for PROJECT. • PS&E (Plans, Specifications, and Estimate)-The activities required to deliver the plans, specifications, and estimate for PROJECT. • RJW (Right of Way) SUPPORT -The activities required to obtain all property interests for PROJECT. • RIW (Right of Way) CAPITAL-The funds for acquisition of property rights for PROJECT. • CONSTRUCTION SUPPORT-The activities required for the administration, acceptance, and final documentation of the construction contract for PROJECT . PACT Version 10.1.2011_02_18 283 17 of 22 DRAFT District Agreement 08-1533 RCTC Agreement 12-31-078-00 • CONSTRUCTION CAPITAL-The funds for the construction contract. PROJECT COST-See COST. PROJECT MANAGEMENT PLAN-A group of documents used to guide a project's execution and control throughout that project's lifecycle. QMP (Quality Management Plan)-An integral part ofthe Project Management Plan that describes IMPLEMENTING AGENCY's quality policy and how it will be used. RESIDENT ENGINEER-A civil engineer licensed in the State of California who is responsible for construction contract administration activities. Said 'engineer must be independent of the design engineering company and the construction contractor. SAFETEA-LU-Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users. SCOPE SUMMARY-The attachment in which each PARTNER designates its 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)-All highways, right of way, and related facilities acquired, laid • out, constructed, improved, or maintained as a state highway pursuant to constitutional or legislative authorization. SPONSOR-Any PARTNER that accepts the responsibility to establish scope of PROJECT and the obligation to secure financial resources to fund PROJECT. SPONSOR is responsible for . adjusting the PROJECT scope to match committed funds or securing additional funds to fully fund the PROJECT scope. If a PROJECT has more than one SPONSOR, funding adjustments · will be made by percentage (as outlined in Responsibilities). Scope adjustments must be developed through the project development process and must be approved by CAL TRANS as the owner/operator of the SHS. SFM (State Furnished Material)-Any materials or equipment supplied by CAL TRANS. WORK-All scope activities included in this agreement. 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. Contact information changes do not require an amendment to this agreement. The primary agreement contact person for CAL TRANS is: PACT Version 10.1.2011_02_18 18 of 22 284 • • • • DRAFT Emad Makar, Project Manager 464 West 4th Street, 6th Floor (MS-1229) San Bernardino, California 92401-1400 Office Phone: (909) 383-4978 Fax Number: (909) 383-6938 Email: emad.makar@dot.ca.gov The primary agreement contact pe'rson for RCTC is: Lisa DaSitva, Project Manager 4080 Lemon Street, 3rd Floor Riverside, California 92502 Office Phone: (909) 787-7971 Email: Ldasilva@rctc.org PACT Version 10.1.2011_02_18 285 District Agreement 08-1533 RCTC Agreement 12-31-078-00 19 of 22 • • • DRAFT District Agreement 08-1533 RCTC Agreement 12-31-078-00 SIGNATURES PARTNERS declare that: I. 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 au~hority to do so on behalf of their public agencies. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION APPROVED By: ___________ _ Syed Raza Acting District Director Date: -------------- CERTIFIED AS TO FUNDS: By: ____________ _ Lisa Pacheco Budget Manager Date: ------------- PACT Version 10.1.2011_02_18 286 RIVERSIDE COUNTY TRANSPORT A TJON COMMISSION APPROVED By: ____________ _ Anne Mayer Executive Director Date: -------------- APPROVED AS TO FORM AND PROCEDURE By:._~~--------­ Best, Best, and Krieger General Council Date: ___________ ___ 20 of 22 • ' -.r 10 (/;)·. ...... ''CIO ' I ,-•··, .:,_ :'. ~"--' ' ...... < ' 5 270 10 15 20 25 05 10 15 20 25 • 30 35 40 45 50 99 30 35 20 40 45 55 60 65 80 .99 5 275 5 285 5 290 5 295 4 300 • PACTVersion 10.1.2011_02_18 08-RIV-215-R14.20/28.50 EA: OF162 Federal Funds District Agreement 08-1533 Project Number 0800000116 RCTC Agreement 12-31-078-00 DRAFT SCOPE SUMMARY ' c (/) 0 z +' <( ~--· .. · c. a: ~ -·i: 1:-u .z u . _, IX: rJI· <( ~ . ; ... 0. :.:!:> ' (.) Construction Engineering and General Contract X Administration Construction Staking Package and Control X Construction Stakes X Construction Engineering Work X Construction Contract Administration Work X Secured Lease for Resident Engineer Office Space or X Trailer Set Up Construction Project Files X Pre-Construction Meeting X Progress Pay Estimates X Weekly Statement of Working Days X Construction Project Files and General Field Office X Clerical Work Labor Compliance Activities X Approved Subcontractor Substitutions X Coordination X Civil Rights Contract Compliance X Other Construction Contract Administration Products X Contract Item Work Inspection X Construction Material Sampling and Testing X Source Inspection X Safety and Maintenance Reviews X Relief From Maintenance Process X Fina~ Inspection and Acceptance Recommendation X Plant Establishment Administration X Transportation Management Plan Implementation During X Construction Long-Term Environmental Mitigation/Mitigation X Monitoring During Construction Contract Other Construction Engineering and General Contract X Administration Construction Engineering and General Contract X Administration of Structures Work Contract Change Order Administration X Resolve Contract Claims X Accept Contract, Prepare Final Construction Estimate, X and Final Report FINAL RIGHT OF WAY ENGINEERING X 21 of 22 287 • Q) iii ClQ) Cl ... Q. -·a .5 (.) c: Q) >. "0 ... ·-c: I-C'tl "'t:: (.) c: :::J c: C'tl "0 :::J 0 ~a. c: z u.tn :::J 0 u. (.) STATE RCTC Transportation Improvement Program/Regional Improvement Proqram (STIP/RIP) STATE RCTC Corridor Mobility Improvement Account (CMIA) LOCAL RCTC Local Subtotals by Component PACT Version 1 0.1.2011_02_18 • DRAFT FUNDING SUMMARY 1::: iiit:: z 0 -0 oa. .Sa. u§-.ca. :::J :::J tn tntn $56,000,000 $0 $0 . ,, $42,370,000 $15,000,000 $15,000,000 $6,630,000 $0 $0 $105,000,000 $15,000,000 $15,000,000 22 of 22 288 n:~-.... C'tl 0~ -a. .c C'tl ~(.) $56,000,000 $42,370,000 $6,630,000 $105,000,000 • 08-RIV-215-R 14.20/28.50 EA: OF162 Federal Funds District Agreement 08-1533 Project Number 0800000116 RCTC Agreement 12~31-078-00 Q) -Q. .!!!>-ol-.... Ill .c"' :::J c: tn :::J u. $56,000,000 $57,370,000 $6,630,000 $120,000,000 • AGENDA ITEM 1 0 · • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: May 9, 2012 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee THROUGH: Anne Mayer, Executive Director SUBJECT: Update on State and Federal Legislation STAFF RECOMMENDATION: This item is for the Commission to: 1) Receive and file an update on the state and federal legislation; 2) Adopt the following bill positions: a) AB 2405 (Biumenfield) -Oppose; b) AB -1780 (Bonilla) -Support; c) AB 2498 (Gordon) -Support In Concept; and d) SB 1549 (Vargas) -Support In Concept. • BACKGROUND INFORMATION: • Federal Update State Route 91 Project Receives Transportation Infrastructure Finance and Innovation Act Program Invitation On April 24, the Commission was notified by the U.S. Department of Transportation (U.S. DOT) that the State Route 91 Corridor Improvement Project (SR-91 CIP) would receive an invitation to submit a full loan application for the Transportation Infrastructure Finance and Innovation Act program (TIFIA). This action means that the U.S. DOT has identified enough budget authority to subsidize the $444 million loan needed to finance the SR-91 CIP. A highly competitive program, 26 applicants around the nation sought more than $13 billion in credit assistance. SR-91 CIP was one of only 5 projects in the U.S. to receive an invitation into the TIFIA program. One other California project was selected: the Gerald Desmond Bridge Replacement at the Port of Long Beach, a critical project for national goods movement. The TIFIA announcement is the second major funding announcement from Washington for SR-91 in only a few months. In December, the project received one of only a handful of TIGER Ill discretionary grants for projects of national 289 Agenda Item 1 0 significance. Between both funding announcements, the project can be fully • financed and move forward pending a Record of Decision on the environmental documents. The Commission and its allies have spent nearly two years advocating in Washington, D.C. on Capitol Hill and with the Obama Administration on behalf of SR-91 . Several Commissioners and staff have made repeated trips to Washington to make the case. Commission staff and consultants have prepared no less than five application packages to seek this TIFIA decision. Civic and business organizations such as Mobility 21, Monday Morning Group, the Riverside Chamber of Commerce, .and Inland Action have also spent significant time in Washington speaking with officials about the significance of SR-91 . The Commission benefited from Congressional champions on both sides of the political aisle and in both chambers of Congress. Senator Dianne Feinstein has become a vocal and effective advocate for SR-91 improvements; she held repeated conversations with Secretary LaHood about the project and recently visited the freeway itself. Congressman Ken Calvert, whose district includes the project, worked closely in tandem with Congressman Jerry Lewis and Congresswoman Mary Bono Mack to also ensure the project remairaed high on the Administration's radar screen. Additionally, Senate Majority Leader Harry Reid engaged on the project, due its significant connection to Interstate 15 and implications for trade and commerce in the western U.S. The Commission owes tremendous thanks to all of these Members of Congress, as well as Secretary LaHood and his entire leadership team, including Federal Highway Administrator Victor Mendez. Federal Surface Transportation Reauthorization Update At the time this report was written, Congress remained on recess with the fate of the federal surface transportation reauthorization bill in limbo. No clear direction from the House of Representatives has yet emerged with a fractured Republican caucus and zero support from Democrats. Meanwhile, the Senate continued to apply pressure to House leadership to pass Senator Boxer's S. 1813, Moving Ahead for Progress in the 21st Century (MAP-21). As a sign of increasing concern about Congress' inability to approve long-term infrastructure funding and policy, in early April, Standard & Poors (S&P) authored an ominous report. warning of severe economic decline across the nation if Congress did not provide reliability and predictability to the nation's infrastructure. State Update Meanwhile, in Sacramento, budget committees in both the Senate and Assembly • continue to churn through their options ahead of the upcoming May Revise from • Governor Brown. Of greatest concern to the Commission in the budget 290 Agenda Item 1 0 • • • proceedings this year are issues related to the appropnat1on of Proposition 1 A High-Speed Rail Bond Act funds and a lesser-known yet important issue of Caltrans' ability to produce project initiation documents (PIDs), which is discussed later in this report. High-speed rail will face many decisions points in the months ahead. Several bills have been introduced to stall or prohibit appropriation of Proposition 1 A bond funds or send the project back to the voters. However, the revised Business Plan from the California High-Speed Rail Authority (CHSRA) includes a blended approach to integrate high-speed rail to existing regional rail systems, resulting in lower costs to the overall project and increased investments in Metrolink and Los Angeles' transit network. The expenditure of bond funds to reflect this new policy direction will be a key element of deliberations in the Legislature's budget process, as they determine how much -and to where -any Proposition 1 A funds will be appropriated this year. Proposition 1 A also contains a $900 million funding pot for connectivity projects, intended to link high-speed rail to local and regional feeder systems. Governors Schwarzenegger and Brown have been consistent in vetoing any appropriations from this funding pot except to fund positive train control (PTC). Connectivity money, if appropriated this year, could yield benefits to Metrolink projects. The Governor is also beginning to make appointments to the Business, Transportation & Housing Agency (BT&H). Senate staffer Brian Kelly has been appointed as Acting Secretary of BT&H; Mr. Kelly is familiar with Riverside County, having played a key role in the Commission's sponsored legislation over the years to authorize tolling on State Route 91 and Interstate 15 and utilize design-build. Mr. Kelly is working quickly to assemble his agency's staff. Concurrently, Governor Brown's proposal to reorganize BT&H and other state agencies has been referred to the Little Hoover Commission for a 60-day review. As a reminder, the Governor has proposed creating a singularly-focused transport~tion agency that would house Caltrans, California Highway Patrol (CHP), California Transportation Commission (CTC), Department of Motor Vehicles (DMV), and CHSRA. In a positive sign, the California State Treasurer successfully completed a bond sale in early April which included $890 million for infrastructure projects. While the relative distribution of these bond proceeds among infrastructure programs is not yet known, the successful sale means that projects can continue moving forward throughout the state for now. Also in the State Capitol, transportation policy committees are beginning to ramp-up to consider several dozen bills that have been introduced since January. Hearings are slated in the Assembly and Senate over the next several weeks. Most bills moving through committees pertain to vehicle code matters or are specific to 291 Agenda Item 1 0 certain areas of the state. Below are four bills of interest to the Commission for which staff is recommending the Commission adopt positions. AB 2405 (Biumenfield)-Toll Exemptions for Low-Emissions Vehicles Recommended Position: Oppose This bill would exempt certain low-emissions vehicles from being charged for using toll lanes in California. The bill identifies several categories of low-emissions vehicles according to state and federal legal definitions: • Super Ultra-Low Emission Vehicles (SULEV); • Inherently Low Emission Vehicles (ILEV); and Advanced Technology Partial-Zero Low Emission Vehicles (AT PZEV). These types of vehicles currently receive stickers, which allows them to travel in high-occupancy vehicle (HOV) lanes with fewer than the otherwise-required number of occupants. The authority for these stickers exists until January 1, 2015. AB 2405 would amend current law to also exempt these vehicles from paying tolls that are charged to single-occupant vehicles traveling in toll Janes. Interestingly, the bill does not allow the new exemption for low-emission vehicles traveling on a toll road, toll highway, or toll bridge. • This bill is of concern to the Commission because of its upcoming 50-year •. operation of the new SR-91 Express Lanes, following the completion of the SR-91 CIP. The Commission's new facility has been planned and will be financed on the assumption that single-occupant vehicles traveling in the express lanes will be tolled, regardless of their emissions. Removing this class of vehicles from tolling will negatively impact the Commission's ability to finance the SR-91 CIP and reduce the revenue available to pay for debt service, operations, and maintenance of the express lanes. Additionally, AB 2405 would hamstring the Commission's ability to achieve one of the most important objectives of the SR-91 CJP -to manage congestion and maximize throughput of people in the SR-91 corridor. Staff is concerned any time legislation is introduced· to preempt, manipulate, or subvert local control of toll policies. SB 1316 (Correa), which became law in 2008 and authorized the Commission to collect tolls on SR-91 , created the SR-91 Advisory Committee. This committee of Orange and Riverside County elected officials was assigned the legal responsibility of recommending toll policy to the Commission and the Orange County Transportation Authority (OCTA). The Legislature created this local decision-making structure out of recognition that severe congestion in the SR-91 Corridor would be managed best through regional ·cooperation. While recognizing the author's desire to create in.centives to reduce air pollution, • Commission staff believes that AB 2405 is an unwelcome intrusion on the local 292 Agenda Item 1 0 • • • --------- control needed to finance the $1 .3 billion SR-91 CIP and efficiently manage congestion in the corridor. Therefore, staff recommends the Commission adopt an Oppose position on AB 2405 (Biumenfield). AB 1780 (Bonilla) -Project Initiation Documents Recommended Position: Support This bill is similar to AB 1134 (Bonilla), which the Commission supported in 2011. The bill amends Caltrans protocols for conducting project study reports (PSR), also known as PIDs, for transportation projects on the state highway system. Over recent years there has been growing concern among self-help counties and the Legislative Analyst Office (LAO) over Caltrans policies on performing PIDs for local and regional transportation agencies' projects. These documents are the essential first step to "birth" a new project on the state highway system. After an arcane and complex series of events in recent years related to state budget crunches and outdated bureaucratic approaches, the Self-Help Counties Coalition has taken proactive measures legislatively and administratively to push for reform of PIDs. The major provisions of AB 1780 would require that Caltrans perform PSRs at its own expense for state highway projects that are included in voter-approved self- help sales tax expenditure plans. For state highway projects that are not in such expenditure plans but. are still locally funded, local agencies can request Caltrans to perform a PSR; however if Caltrans resources are not available to perform the PSR, the local agency could perform its own PSR at its own expense. The bill would further require Caltrans and local agencies requesting PSRs to be in continuous communication. A PSR describes the potential project, assesses the cost and schedule, and helps agencies make an informed decision about making financial commitments to the project. PSRs for projects on the state highway system are typically performed by Caltrans. Local entities such as cities, counties, and transportation commissions, can request that Caltrans perform PSRs on its behalf, subject to availability of Caltrans resources. Local entities can also perform the PSRs with Caltrans review. The bill is sponsored by the Self-Help Counties Coalition, of which the Commission is a member. 293 Agenda Item 1 0 SB 1549 (Vargas) I AB 2498 (Gordon) -Construction Manager/General Contractor Recommended Position: Support In Concept Both of these bills provide a new innovative project delivery method for transportation projects in California, known as construction manager/general contractor (CM/GC). Similar to design-build, CM/GC allows an agency to procure one contractor to be responsible for multiple phases of a project, as opposed to the traditional design-bid-build process that is standard in California. This streamlined contracting method also helps transfer risk to. the private sector and allows for innovation and time savings in delivering projects. CM/GC is used in other states and is currently being promoted by the Obama Administration's leadership at the U.S.DOT under the Every Day Counts initiative. AB 2498 (Gordon) would provide CM/GC authority to Caltrans only and spells out a specific process for these ·procurements to take place. SB 1549 provides CM/GC authority to San Diego Association of Governments (SANDAG) for 20 projects in San Diego County. The Commission's adopted legislative platform calls for the Commission to support legislation that expands the use of innovative, streamlined project delivery methods for transportation projects. While neither of these bills provides the Commission with new authorities, the increased use of these methods elsewhere across the state increase the opportunity for successes and hopefully a trend towards their expanded use. At this time, the Commission does not have any projects contemplated for CM/GC contracting. Staff recommends the Commission adopt a Support In Concept position on both AB 2498 and SB 1549 as introduced, while monitoring any amendments to these bills by opponents of innovative contracting that could curtail its benefits or set harmful precedents for future laws and projects. 294 Agenda Item 1 0 • • •