HomeMy Public PortalAbout04 April 28, 2014 Western Riverside County Programs and ProjectsTIME:
DATE:
LOCATION:
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE
MEETING AGENDA
1:30p.m.
Monday, April 28, 2014
BOARD ROOM
County of Riverside Administrative Center
4080 Lemon Street, First Floor, Riverside
'P-COMMITTEE MEMBERS ""'
Frank Johnston, Chair I Micheal Goodland, City of Jurupa Valley
Ben Benoit, Vice Chair I Timothy Walker, City of Wildomar
Deborah Franklin I Art Welch, City of Banning
Karen Spiegel/ Eugene Montanez, City of Corona
Adam Rush I Ike Bootsma, City of Eastvale
Scott Mann/ Wallace Edgerton, City of Menifee
Tom Owings I Jesse Molina, City of Moreno Valley
Berwin Hanna/ Kathy Azevedo, City of Norco
Daryl Busch I Al Landers, City of Perris
Andrew Kotyuk /Scott Miller, City of San Jacinto
Kevin Jeffries, County of Riverside, District I
Marion Ashley, County of Riverside, District V
Anne Mayer, Executive Director
John Standiford, Deputy Executive Director
'P-AREAS OF RESPONSIBILITY ""'
Air Quality, Capital Projects,
Communications and Outreach Programs,
lntermodal Programs,
Motorist Services, New Corridors,
Regional Agencies/Regional Planning,
Regional Transportation Improvement Program {RTIP),
Specific Transit Projects,
State Transportation Improvement Program {STIP),
Transportation Uniform Mitigation Fee {TUMF) Program, and
Provide Policy Direction on Transportation Programs and Projects
related to Western Riverside County and other
areas as may be prescribed by the Commission.
RECORDS
Comments are welcomed by the Committee. Jfyou wish to provide comments to the Committee,
please complete and submit a Speaker Card to the Clerk of the Board.
COMM-WRC-00020
Riverside County Trons.portation Commission
TO:
FROM:
DATE:
SUBJECT:
Riverside County Transportation Commission
Jennifer Harmon, Office and Board Services Manager
April 22, 2014
Possible Conflicts of Interest Issues-Western Riverside County Programs and Projects
Committee Agenda of April 28, 2014
The April 28, 2014 agenda of the WRC Programs and Projects Committee 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 12 months or 3 months following the conclusion from any entity or individual listed.
Agenda Item No. 9 -Amendment to Transportation Uniform Mitigation Fee Regional Arterial
Agreement for the Interstate 15/Railroad Canvon Road Interchange Project in the City of Lake
Elsinore
Consultant(s): SC Engineering
16096 Chiwi Road
Apple Valley, CA 92307
Reyes S. "Sal" Chavez, President
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE
www.rctc.org
AGENDA*
*Actions may be taken on any item listed on the agenda
1:30p.m.
Monday, April 28, 2014
BOARDROOM
County Administrative Center
4080 Lemon Street, First Floor
Riverside, California
In compliance with the Brown Act and Government Code Section 54957.5, agenda materials
distributed 72 hours prior to the meeting, which are public records relating to open session agenda
items, will be available for inspection by members of the public prior to the meeting at the
Commission office, 4080 Lemon Street, Third Floor, Riverside, CA, and on the Commission's website,
www.rctc.org.
In compliance with the Americans with Disabilities Act and Government Code Section 54954.2, if you
need special assistance to participate in a Committee meeting, please contact the Clerk of the Board
at (951) 787-7141. Notification of at least 48 hours prior to meeting time will assist staff in assuring
that reasonable arrangements can be made to provide accessibility at the meeting.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. PUBLIC COMMENTS -Each individual speaker is limited to speak three (3) continuous
minutes or less. The Committee may, either at the direction of the Chair or by majority vote
of the Committee, waive this three minute time limitation. Depending on the number of
items on the Agenda and the number of speakers, the Chair may, at his/her discretion,
reduce the time of each speaker to two (2) continuous minutes. Also, the Committee may
terminate public comments if such comments become repetitious. In addition, the maximum
time for public comment for any individual item or topic is thirty (30) minutes. Speakers may
not yield their time to others without the consent of the Chair. Any written documents to be
distributed or presented to the Committee shall be submitted to the Clerk of the Board. This
policy applies to Public Comments and comments on Agenda Items.
Under the Brown Act, the Board should not take action on or discuss matters raised during
public comment portion of the agenda which are not listed on the agenda. Board members
may refer such matters to staff for factual information or to be placed on the subsequent
agenda for consideration.
Western Riverside County Programs and Projects Committee
April 28, 2014
Page 2
5. APPROVAL OF MINUTES-MARCH 24, 2014
6. ADDITIONS/REVISIONS (The Committee may add an item to the Agenda after making a
finding that there is a need to take immediate action on the item and that the item came to
the attention of the Committee subsequent to the posting of the agenda. An action adding
an item to the agenda requires 2/3 vote of the Committee. If there are Jess than 2/3 of the
Committee members present, adding an item to the agenda requires a unanimous vote.
Added items will be placed for discussion at the end of the agenda.)
7. CONSTRUCTION AND MAINTENANCE AGREEMENTS WITH BURLINGTON NORTHERN AND
SANTA FE RAILROAD FOR THE STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT
Pagel
Overview
This item is for the Committee to:
1) Approve the construction and maintenance (C&M) agreements with Burlington
Northern and Santa Fe Railroad (BNSF) for the State Route 91 Corridor Improvement
Project (SR-91 CIP) in the amount $7,321,341, plus a contingency amount of
$732,134, for a total amount not to exceed $ 8,053,475;
a) Agreement No. 14-31-115-00 for West Prado Overhead in the amount of
$866,154;
b) Agreement No. 14-31-113-00 for East Prado Overhead in the amount of
$1,007,242;
c) Agreement No. 14-31-114-00 for West Porphyry Overhead in the amount of
$4,985,624; and
d) Agreement No. 14-31-112-00 for East Porphyry Overhead in the amount of
$462,321;
Subject to any increases (not to exceed the authorized contingency) or reductions in
final amounts, as described;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to
execute the agreements on behalf of the Commission;
3) Authorize the Executive Director to approve contingency work up to the total not to
exceed amount, as required for the agreements; and
4) Forward to the Commission for final action.
Western Riverside County Programs and Projects Committee
April 28, 2014
Page 3
8. CONSTRUCTION AGREEMENT WITH DALKE & SONS CONSTRUCTION, INC. FOR STATE
ROUTE 91 CORRIDOR IMPROVEMENT PROJECT RIGHT OF WAY PROPERTY MITIGATION
PACKAGE 3
Page4
Overview
This item is for the Committee to:
1) Award Agreement No. 14-31-081-00 to Dalke & Sons Construction, Inc.
(Dalke & Sons) for the construction of State Route 91 Corridor Improvement Project
(SR-91 CIP) Right of Way (ROW) Property Mitigation Package 3 in the amount of
$5,147,846, plus a contingency amount of $514,785, for a total amount not to
exceed $5,662,631;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to
execute the agreement on behalf of the Commission;
3} Authorize the Executive Director to approve contingency work pursuant to the
agreement terms up to the total amount; and
4) Forward to the Commission for final action.
9. AMENDMENT TO TRANSPORTATION UNIFORM MITIGATION FEE REGIONAL ARTERIAL
AGREEMENT FOR THE INTERSTATE 15/RAILROAD CANYON ROAD INTERCHANGE PROJECT
IN THE CITY OF LAKE ELSINORE
Page12
Overview
This item is for the Committee to:
1} Approve Agreement No. 10-72-016-03, Amendment No. 3 to Agreement
No. 10-72-016-00, with the city of Lake Elsinore (Lake Elsinore) for the Interstate 15/
Railroad Canyon Road interchange project to authorize additional scope to analyze a
roundabout alternative as part of the project approval and environmental document
(PA&ED) phase with an additional $600,000 of TUMF funds to be allocated to this
phase for a total amount not to exceed $2,205,000;
2) Approve Agreement No. 11-31-107-03, Amendment No. 3 to Agreement
No. 11-31-107-00, with SC Engineering to add a roundabout alternative to the PA&ED
services associated with the project in the amount of $500,009, plus an additional
contingency amount of $25,000 for a total increase of $525,009, resulting in a total
not to exceed amount of $1,230,009;
3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to
execute the agreements on behalf of the Commission;
4) Authorize the Executive Director to approve release of contingency work up to the
total authorized amount as may be required for the project;
5) Authorize the Executive Director, pursuant to legal counsel review, to execute
agreements with Caltrans to reflect non-funding changes related to the project on
behalf of the Commission; and
6) Forward to the Commission for final action.
Western Riverside County Programs and Projects Committee
April 28, 2014
Page4
10. PROPERTY CONVEYANCE AT PEDLEY STATION
Page47
Overview
This item is for the Committee to:
1) Approve Agreement No. 14-33-104-00 between the Commission and Sergio
Hernandez and Angela Avila, property owner of Assessor's Parcel Number (APN) 165-
190-044, for property conveyances to perfect title at the Pedley Station without any
monetary compensation exchanged between the parties;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to
execute the agreement on behalf of the Commission; and
3) Forward to the Commission for final action.
11. AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES, MATERIALS TESTING, AND
CONSTRUCTION SURVEYING FOR RIVERSIDE DOWNTOWN STATION OPERATIONS
CONTROL CENTER
Page 78
Overview
This item is for the Committee to:
1) Award Agreement No. 14-31-075-00 to Abacus Project Management, Inc. (Abacus)
for construction management (CM), materials testing, and construction surveying
services for the Riverside Downtown Station Operations Control Center (RDNOCC), in
the amount of $165,862, plus a contingency amount of $16,586, for a total amount
not to exceed $182,448;
2) Authorize the Chair or Executive Director, 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; and
4) Forward to the Commission for final action.
Western Riverside County Programs and Projects Committee
April 28, 2014
Page 5
12. FISCAL YEAR 2014/15 MEASURE A COMMUTER ASSISTANCE BUSPOOL SUBSIDY FUNDING
CONTINUATION REQUESTS
Page 114
Overview
This item is for the Committee to:
1) Authorize payment of $1,645/month maximum subsidy per buspool for the period
July 1, 2014 to June 30, 2015, to the existing Mira Loma, Riverside, and Riverside II
buspools;
2) Require subsidy recipients to meet monthly buspool reporting requirements as
supporting documentation to receive payments; and
3) Forward to the Commission for final action.
13. AMENDMENT TO FREEWAY SERVICE PATROL AGREEMENT
Page120
Overview
This item is for the Committee to:
1) Approve Agreement No. 12-45-046-01, Amendment No. 1 to Agreement
No. 12-45-046-00, with Pepe's Towing (Pepe's) to provide freeway service patrol
(FSP) services on the Commission's Interstate 215 Central widening project in the
amount of $475,000;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to
execute the agreement on behalf of the Commission; and
3) Forward to the Commission for final action.
14. COMMISSIONERS/ STAFF REPORT
Overview
This item provides the opportunity for the Commissioners and staff to report on attended
and upcoming meeting/conferences and issues related to Commission activities.
15. ADJOURNMENT
The next Western Riverside County Programs and Projects Committee meeting is scheduled
to be held at 1:30 p.m., Monday, June 23, 2014, Board Chambers, First Floor, County
Administrative Center, 4080 Lemon Street, Riverside.
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS SIGN-IN SHEET
April 28, 2014
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RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS
COMMITTEE
County of Riverside, District I
County of Riverside, District V
City of Banning
City of Corona
City of Eastvale
City of Jurupa Valley
City of Menifee
City of Moreno Valley
City of Norco
City of Perris
City of San Jacinto
City of Wildomar
ROLL CALL
April 28, 2014
Present
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AGENDA ITEM 5
MINUTES
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE
Monday, March 24, 2014
MINUTES
1. CALL TO ORDER
The meeting of the Western Riverside County Programs and Projects Committee was
called to order by Chair Frank Johnston at 1:33 p.m., in the Board Room at the County of
Riverside Administrative Center, 4080 Lemon Street, First Floor, Riverside, California,
92501.
2. PLEDGE OF ALLEGIANCE
At this time, Commissioner Berwin Hanna led the Western Riverside County Programs
and Projects Committee in a flag salute.
3. ROLL CALL
Members/ Alternates Present
Marion Ashley
Ben Benoit
Daryl Busch
Deborah Franklin
Berwin Hanna
Frank Johnston
Andrew Kotyuk
Scott Mann
Jesse Molina
Adam Rush
Karen Spiegel
4. PUBLIC COMMENTS
Members Absent
Kevin Jeffries
There were no requests to speak from the public.
RCTC WRC Programs and Projects Committee Minutes
March 24, 2014
Page 2
5. APPROVAL OF MINUTES -FEBRUARY 24, 2014
M/S/C (Busch/Kotyuk) to approve the minutes as submitted.
Abstain: Molina
6. ADDITIONS/REVISIONS
There were no additions or revisions to the agenda.
7. CONFLICT OF INTEREST POLICY FOR THE INTERSTATE 15 EXPRESS LANES PROJECT
Michael Blomquist, Toll Project Director, presented the scope of the conflict of interest
policy for the 1-15 Express Lanes project.
At Commissioner Adam Rush's request, Michael Blomquist clarified the conflict bf
interest policy is included in all the procurement documents and communicated to the
contracting industry.
M/S/C (Mann/Hanna) to:
1) Approve the Conflict of Interest (COi) Policy for the Interstate 15
Express Lanes Project (1-15 Express Lanes); and
2) Forward to the Commission for final action.
8. AGREEMENT WITH JACOBS ENGINEERING GROUP INC. FOR THE COMPLETION OF THE
FINAL ENVIRONMENTAL IMPACT REPORT / ENVIRONMENTAL IMPACT STATEMENT
AND PROJECT REPORT FOR THE MID COUNTY PARKWAY PROJECT
Alex Menor, Capital Projects Manager, presented the scope of the agreement with
Jacobs Engineering Group Inc. for the completion of the final environmental impact
report/environmental impact statement and project report for the Mid County Parkway
project.
M/S/C (Rush/Spiegel) to:
1) Approve Agreement No. 04-31-018-07, Amendment No. 7 to Agreement
No. 04-31-018, with Jacobs Engineering Group Inc. (Jacobs) to perform
additional studies and design support for the completion of the final
Recirculated Environmental Impact Report/Supplemental
Environmental Impact Statement (REIR/SEIS) and Project Report (PR)
for the Mid County Parkway (MCP) project for an additional amount of
RCTC WRC Programs and Projects Committee Minutes
March 24, 2014
Page 3
$2,243,505, plus a contingency amount of $224,350, for a total
additional amount of $2,467,855, resulting in a total amount not to
exceed $45,511,717;
2) Authorize the Chair or Executive Director, 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) Authorize the Executive Director, pursuant to legal counsel review, to
execute non-funding related agreements for the environmental
clearance and design of the project; and
5) Forward to the Commission for final action.
9. AGREEMENTS FOR ON-CALL RIGHT OF WAY ENGINEERING AND SURVEYING SERVICES
Mark Lancaster, Right of Way Manager, presented the scope of the agreements for on-
call right of way engineering and surveying services.
M/S/C (Rush/Spiegel) to:
1) Award the following agreements to provide on-call right of way
engineering and surveying services for a three-year term, and two one-
year options to extend the agreement, in an amount not to exceed an
aggregate value of $750,000;
a) Agreement No. 14-31-043-00 with Huitt-Zollars, Inc;
b) Agreement No. 14-31-044-00 with Parsons Brinckerhoff; and
c) Agreement No. 14-31-045-00 with RBF Consulting, a Company of
Michael Baker Corporation (RBF);
2) Authorize the Chair or Executive Director, pursuant to legal counsel
review, to execute the agreements, including option years, on behalf of
the Commission;
3) Authorize the Executive Director, or designee, to execute task orders
awarded to contractors under the terms of the agreements; and
4) Forward to the Commission for final action.
10. OPERATION OF THE FREEWAY SERVICE PATROL PROGRAM IN RIVERSIDE COUNTY
Jillian Guizado, Staff Analyst, presented the details of the freeway service patrol
program in Riverside County and the finalization of the contract with Caltrans.
Commissioner Rush asked if clean fuel alternatives will become a requirement for the
tow trucks.
RCTC WRC Programs and Projects Committee Minutes
March 24, 2014
Page 4
Anne Mayer, Executive Director, briefly discussed the emerging incentives and
technology within the industry.
At Commissioner Deborah Franklin's request, Jillian Guizado clarified the FSP patrols the
urbanized areas of Riverside County, therefore the FSP does not have service for the
Banning Pass area at this time.
In response to Commissioner Jesse Molina's question regarding vehicle drop off
locations, Jillian Guizado stated the FSP has designated drop points at exits on each
beat.
In response to Commissioner Daryl Busch's question regarding evaluation scoring for
clean fuel usage, Jillian Guizado stated that it could be looked into for future RFPs,
however there is no preferential treatment for clean fuel companies at this time.
Commissioner Andrew Kotyuk noted RTA has an alternative fuels committee.
M/S/C (Busch/Kotyuk) to:
1) Approve Agreement No. 14-45-084-00 with the California Department
of Transportation (Caltrans) for the operation of the Riverside County
Freeway Service Patrol (FSP) program in the amount of $1,547,104 in
state funding for FY 2013/14;
2) Authorize the Chair or Executive Director, pursuant to legal counsel
review, to execute the agreement on behalf of the Commission; and
3) Forward to the Commission for final action.
11. COMMISSIONERS/ STAFF REPORT
llA. Commissioner Karen Spiegel announced the groundbreaking for the Foothill
Parkway Extension will be held on March 26;
118. Commissioner Rush reminded Commissioners the SCAG 2014 Regional
Conference and General Assembly are scheduled for May 1-2, 2014 at the
Renaissance Esmeralda Indian Wells Resort and Spa; and
llC. Commissioner Molina noted Riverside County will continue to grow and
transportation issues will remain an important policy concern.
RCTC WRC Programs and Projects Committee Minutes
March 24, 2014
Page 5
12. ADJOURNMENT AND NEXT MEETING
There being no further business for consideration by the Western Riverside County
Programs and Projects Committee, the meeting was adjourned at 2:13 p.m. The next
meeting of the Western Riverside County Programs and Projects Committee is
scheduled for April 28, 2014, at 1:30 p.m.
Respectfully submitted,
Jennifer Harmon
Clerk of the Board
AGENDA ITEM 7
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: April 28, 2014
TO: Western Riverside County Programs and Projects Committee
FROM: David Thomas, Toll Project Manager
THROUGH: Michael Blomquist, Toll Program Director
SUBJECT: Construction and Maintenance Agreements with Burlington Northern and
Santa Fe Railroad for the State Route 91 Corridor Improvement Project
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Approve the construction and maintenance (C&M) agreements with Burlington
Northern and Santa Fe Railroad (BNSF) for the State Route 91 Corridor Improvement
Project (SR-91 CIP) in the amount $7,321,341, plus a contingency amount of $732,134,
for a total amount not to exceed$ 8,053,475;
a) Agreement No. 14-31-115-00 for West Prado Overhead in the amount of
$866,154;
b) Agreement No. 14-31-113-00 for East Prado Overhead in the amount of
$1,007,242;
c) Agreement No. 14-31-114-00 for West Porphyry Overhead in the amount of
$4,985,624; and
d) Agreement No. 14-31-112-00 for East Porphyry Overhead in the amount of
$462,321;
Subject to any increases (not to exceed the authorized contingency) or reductions in
final amounts, as described;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute
the agreements on behalf of the Commission;
3) Authorize the Executive Director to approve contingency work up to the total not to
exceed amount, as required for the agreements; and
4) Forward to the Commission for final action.
BACKGROUND INFORMATION:
10-Year Deliverv Plan and Tolling
In 2002, voters passed the 30-year extension of the Measure A program (2009-2039). In
December 2006, the Commission adopted the 2009 Measure A Western Riverside County
Highway 10-Year Delivery Plan (10-Year Delivery Plan). The 10-Year Delivery Plan calls for the
development of tolled express lane corridors on SR-91 and Interstate 15.
Agenda Item 7
1
Development of the SR-91 Corridor Improvement Project (CIP)
The SR-91 CIP widens SR-91 through Corona, extends the existing 91 Express Lanes from the
Orange County line to 1-15, improves five local interchanges, reconstructs a portion of the
15/91 interchange, and constructs other general purpose lane and toll express lane
improvements within the corridor. Environmental approval for the SR-91 CIP was obtained in
November 2012. Final design and construction is being accomplished via a design-build
contract approved by the Commission on May 8, 2013. Corridor construction started in early
2014 with lanes scheduled to open to traffic in 2017.
Construction Impacts to BNSF
The SR-91 CIP crosses over BNSF property in four locations, at existing grade separated
overheads, and directly impacts (i.e., shortens) the BNSF tracks in one location, the Monster
Lead. The BNSF Monster Lead Wall agreement was approved by the Commission at the March
12, 2014 meeting. The four locations requiring C&M agreements are as follows and as shown
on Attachment 1:
1. West Prado Overhead, which is adjacent to the SR-91/Green River Road interchange,
2. East Prado Overhead, which is located between the 71/91 interchange and the Serfas
Club Drive interchange,
3. West Porphyry Overhead, which is located just west of the 15/91 interchange, and
4. East Porphyry Overhead, which is located just south of the 15/91 interchange.
Over the past six months, staff has been working with the design-builder in the development of
the SR-91 CIP plans to ascertain the extent of the impacts to the existing BNSF grade separation
structures. In that same time period, staff worked with BNSF and Caltrans in the development
of three-party C&M agreements, one for each of the four locations that would formalize the
scope of work, obligations of each party, right of way required for the widening associated with
the SR-91 CIP, and costs for the respective right of way and associated BNSF provided flagging
services. The right of way costs associated with each location are comprised of permanent
footing easements, a permanent aerial easement, and a temporary construction license.
Attachment 2 provides a breakdown of all costs associated with each location. A copy of each
of the four C&M agreements is included as Attachments 3, 4, 5, and 6, respectively. The total
costs associated with each of the agreements are as follows:
a) Agreement No. 14-31-115-00 for West Prado Overhead in the amount of $866,154;
b) Agreement No. 14-31-113-00 for East Prado Overhead in the amount of $1,007,242;
c) Agreement No. 14-31-114-00 for West Porphyry Overhead in the amount of $4,985,624;
and
d) Agreement No. 14-31-112-00 for East Porphyry Overhead in the amount of $462,321.
Agenda Item 7
2
The following should be noted:
1. A portion of the cost associated with the West Porphyry Overhead C&M agreement, or
$3,616,499, is for BNSF-provided flagging services for all four locations. The Commission
will be reimbursed by the design-builder for all flagging services used on the project, and
2. A portion of the cost associated with the West Prado Overhead C&M agreement, or
$128,000, is for additional BNSF-provided railroad signal maintenance services for 50
years, the anticipated life of the signal. This additional maintenance fee is due to the
fact the new westbound Green River Off Ramp structure is being constructed directly
over the existing BNSF railroad signal thus increasing the probability that smoke and
soot from railroad locomotives will be trapped under the structure around the signal
and therefore increasing the maintenance required for the signal.
Further, it is possible the above specified values for one or more of the four C&M agreements
may be increased or reduced should it be determined the SR-91 CIP will have a greater or lesser
impact to one or more of the identified locations. Any such increases shall be limited, in the
aggregate, to the authorized contingency amount.
Staff is seeking authorization for the Chair or Executive Director to execute, on behalf of the
Commission, the above referenced C&M agreements, pursuant to legal counsel review and
subject to any revisions in final amounts, as described above, and authorization for the
Executive Director to approve contingency work.
Financial Information
In Fiscal Year Budget: I N/A I Year: I FY 2014/15+ Amount: I $8,053,475
Source of Funds: I Sales Tax and Toll Bond Proceeds, TIFIA
Loan Proceeds Budget Adjustment: I N/A
003028 81401 262 31 81401 $4,075,326 (easements, licenses,
GL/Project Accounting No.: maintenance, administration fees)
003028 81304 262 31 81301 $3,978,149 (flagging)
Fiscal Procedures Approved: ~~ I Date: J 04/18/2014
Attachments: (On Website)
1) BNSF Grade Separation Location Plan
2) C&M Cost Summary
3) West Prado Construction and Maintenance Agreement
4) East Prado Construction and Maintenance Agreement
S) West Porphyry Construction and Maintenance Agreement
6) East Porphyry Construction and Maintenance Agreement
Agenda Item 7
3
AGENDA ITEM 8
DATE:
TO:
FROM:
THROUGH:
SUBJECT:
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
April 28, 2014
Western Riverside County Programs and Projects Committee
David Thomas, Toll Project Manager
Michael Blomquist, Toll Program Director
Construction Agreement with Dalke & Sons Construction, Inc. for State Route
91 Corridor Improvement Project Right of Way Property Mitigation
Package 3
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Award Agreement No. 14-31-081-00 to Dalke & Sons Construction, Inc. (Dalke & Sons)
for the construction of State Route 91 Corridor Improvement Project (SR-91 CIP) Right of
Way (ROW) Property Mitigation Package 3 in the amount of $5,147,846, plus a
contingency amount of $514, 785, for a total amount not to exceed $5,662,631;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute
the agreement on behalf of the Commission;
3) Authorize the Executive Director to approve contingency work pursuant to the
agreement terms up to the total amount; and
4) Forward to the Commission for final action.
BACKGROUND INFORMATION:
At its May 2013 meeting, the Commission approved the award of Agreement No. 12-31-113-00
to Atkinson/Walsh, a Joint Venture (AWJV), for the design and construction of the SR-91 CIP,
which widens SR-91 through Corona, extends the existing 91 Express Lanes from the Orange
County line to Interstate 15, and constructs other general purpose lane and toll express lane
improvements within the corridor. Subsequent to this approval, AWJV has been issued the full
Notice to Proceed (NTP), in accordance the design-build contract and is currently proceeding
with final design and construction of the SR-91 CIP.
Additionally at its May 2013 meeting, the Commission approved Agreement No. 09-31-081-03,
Amendment No. 3 to Agreement No. 09-31-081-00, with Parsons Transportation Group, Inc.
(Parsons) to further expand the project and construction management (PCM) services to
support the SR-91 CIP design-build contract. This expanded scope included providing ROW
mitigation design services for certain properties affected by the SR-91 CIP. ROW mitigation
design services are needed to reconfigure partially acquired properties to maximize the utility
and minimize business impacts to the property owner.
Agenda Item 8
4
Following the Commission's approval, Parsons was given authorization by staff to begin ROW
mitigation design in June 2013. The mitigation properties were divided into separate design
packages based on complexity of work and commitment dates set forth in the SR-91 CIP design-
build contract. Throughout the design process, staff offered property owners the opportunity
to review and provide comments or concerns to the designs as they were developed. Input
received from the property owners was taken into consideration and incorporated into the
designs to the extent feasible.
At its December 2013 meeting, the Commission authorized the Executive Director to award
Agreement No. 14-31-022-00 to Dalke & Sons for the construction of ROW Property Mitigation
Package 2.
SR-91 CIP ROW Property Mitigation Package 3 consists of five properties: 1441 Pomona Road
(Dvorak and Payne Property), 2785 Palisades (All Size Storage Property), 1351 Pomona Road (El
Corona Property), Wardlow Circle Parcel 9 (Auto Center Drive Sign), and 1454 Pomona Road
(Bensen Property). The general scope of this property mitigation involves the partial removal
and reconstruction of the existing building facades and reconfiguration of the sites to
accommodate the additional ROW required for the SR-91 CIP.
Individual NTPs will be given for construction on each of the five parcels within ROW Property
Mitigation Package 3 in order to provide schedule flexibility throughout the acquisition process.
Individual NTPs will only be given once full rights to the associated property is received. Staff is
currently working through the acquisition process and anticipates receiving full rights for each
of the five properties between May 2014 and October 2014.
Procurement Process
On March 7, 2014, the Commission advertised Invitation for Bids {IFB) No. 14-31-081-00 for
ROW Property Mitigation Package 3. A public notice was advertised in the Press Enterprise, and
the IFB was posted on the Commission's PlanetBids website, which is accessible through the
Commission's website. Electronic mail messages were sent to vendors registered in the
Commission's PlanetBids database that fit the IFB qualifications. Additionally, postcards were
sent to firms who had expressed past interest in these services. Thirty-seven firms downloaded
the Notice to Bidders. Seven are located in Riverside County. Nineteen firms purchased the bid
documents. Two are located in Riverside County. On April 10, 2014, two bids were received
and publicly opened. A summary of the bids received is shown in Table A.
Table A
SR-91 CIP ROW Property Mitigation and Construction Services (Package 3)
Bid Summary
Firm Bid Amount (In order from low bid to high bid)
Engineer's Estimate $6,566,000
Agenda Item 8
5
1 Dalke & Sons Construction, Inc. (Riverside) $5,147,846
2 American Integrated Services (Wilmington) $5,927,000
The basis for award for a public works contract is the lowest responsive and responsible bidder
as defined by the Commission's procurement policy and state law. The bid price submitted by
Dalke & Sons was 22 percent lower than the engineer's estimate for construction.
Federally-funded contracts administered by the Commission are subject to the requirements of
the Code of Federal Regulations, Part 26, Title 49 entitled Participation by Disadvantaged
Business Enterprises (DBE) in Department of Transportation Financial Assistance Programs.
Pursuant to the relevant federal DBE provisions, the Commission established a 7.6 percent DBE
participation goal in the construction bid advertisement for this project. Only a bidder meeting
the established DBE goal for this project can be considered fully responsive to the bid
requirements. To meet this requirement, bidders must either achieve the DBE goal, or,
alternatively, meet the good faith efforts (GFE) requirement set forth in the invitation for bid.
The low bidder, Dalke & Sons, could not meet the 7.6 percent DBE goal; however, its GFE
demonstrated adequate efforts were made to subcontract with DBE firms.
After analyzing the two lowest bids per the Federal Highway Administration/Caltrans analysis
process, staff and Parsons concluded the Dalke & Sons bid in the amount of $5,147,846 is the
lowest responsible and responsive bid received for the project.
Staff recommends award of Agreement No. 14-31-081-00 for the construction of the project to
Dalke & Sons in the amount of $5,147,846 plus a contingency amount of $514,785, to fund
potential change orders and supplemental work, for a total amount not to exceed $5,662,631.
I Financial Information I
In Fiscal Year Budget: I
Yes I Year: I
FY 2013/14 Amount: I
$1,000,000
N/A FY 2014/15 $4,662,631
Source of Funds: I Sales Tax and Toll Bond Proceeds; TIFIA Budget Adjustment: I
No
Loan Proceeds N/A
GLA/Project Accounting No.: 003028 81402 00000 0000 262 3181402
Fiscal Procedures Approved: ~~ I Date: I 04/18/2014
Attachment: Draft Agreement No. 14-31-081-00
Agenda Item 8
6
CONTRACT FOR CONSTRUCTION
THIS CONTRACT is made this __ day of ____ , 2014, in the County of Riverside,
State of California, by and between the Riverside County Transportation Commission,
hereinafter called Commission, and Dalke & Sons Construction, Inc., hereinafter called
Contractor. The Commission and Contractor are sometimes referred to herein, individually, as
"Party" and, collectively, as the "Parties". The Commission and the Contractor for the
considerations stated herein agree as follows:
ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all work within the time
stipulated in the Contract and shall provide all labor, materials, equipment, tools, utility services,
and transportation to complete all of the Work required in strict compliance with the Contract
Documents as specified in Article 5 below for the following work, as further specified in this
Article:
CONSTRUCTION SERVICES TO DEMOLISH, REPAIR, REMODEL, RE-
CONSTRUCT AND/OR MITIGATE FIVE (5) RIGHT OF WAY (ROW) PROPERTIES
FOR THE STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT-PACKAGE 3
(hereinafter "Project")
The Contractor and its surety shall be liable to the Commission for any damages arising as a
result of the Contractor's failure to comply with this obligation.
ARTICLE 2. CONTRACT TIME. Time is of the essence in the performance of the Work.
The Work shall be commenced on the dates stated in the Commission's Notices to Proceed 1
through 5, inclusive, as forth below. The Contractor shall complete all Work required by the
Contract Documents in accordance with the Completion Dates set forth in the table below and
within TWO HUNDRED EIGHTY NINE (289) calendar days from the commencement date
stated in Notice to Proceed (NTP) 1 hereafter the Contract Time.
Contractor will be provided access to begin work on each individual parcel in accordance with
the following intermediate NTP dates. These dates are subject to revision by the Commission
based on actual progress of preceding parcel acquisitions. Revision of the NTP dates indicated
below shall not constitute entitlement for additional compensation provided that the overall
contract period is not extended beyond 289 calendar days.
NTP PARCEL ANTICIPATED INTERIM COMPLETION
NO. DATE MILESTONE DATE DATE
1 Bensen (CPN 22173) 5/21/14 7/3/14 NTP 1+150 Days
2 Auto Center Dr. Electronic 5/21/14 None NTP 2 + 100 Days Sign (CPN 22111)
3 EI Corona (CPN 22176) 7/18/14 10/1/14 NTP 3 + 180 Days
4 All Size Storage (CPN 22114) 7/18/14 None NTP 4 + 150 Days
5 Dvorak and Payne 10/6/14 11/17114 NTP 5 + 150 Days (CPN 22175)
7
Contractor shall further complete elements of the work in accordance with the following interim
milestones:
> Interim Milestone -Bensen (CPN 22173): July 3, 2014 -Complete all contract work
scope within the areas between the existing and proposed Caltrans Right of Way
lines. Provide access to aforementioned areas for use by SR-91 CIP Design-Build
Contractor. Subsequent to the Interim Milestone date, Contractor's use of the area may
be restricted in whole, or in part, by the Commission. Bathroom facilities must be
maintained for use by the property owner at all times. Temporary bathroom facilities,
equivalent to the property's existing bathroom facilities (i.e. mobile restroom trailer),
shall be provided by the Contractor as required to facilitate the work.
> Interim Milestone -EI Corona (CPN 22176): October 1, 2014 -Complete all contract
work scope within the areas between the existing Caltrans Right of Way and the proposed
City of Corona Right of Way lines. Provide access to aforementioned areas for use by
SR-91 CIP Design-Build Contractor. Subsequent to the Interim Milestone date,
Contractor's use of the area may be restricted in whole, or in part, by the Commission.
> Interim Milestone -Dvorak and Payne (CPN 22175): November 17, 2014 -Complete all
contract work scope within the areas between the existing Caltrans Right of Way and the
proposed City of Corona Right of Way lines. Provide access to aforementioned areas for
use by SR-91 CIP Design-Build Contractor. Subsequent to the Interim Milestone date,
Contractor's use of the area may be restricted in whole, or in part, by the Commission.
RCTC reserves the right to withhold payment to the Contractor if the Contractor fails to
complete the work under any of the Interim Milestones set forth above until such work is
complete and accepted by RCTC.
By its signature hereunder, Contractor agrees the time for completion set forth above is adequate
and reasonable to complete the Work.
ARTICLE3. CONTRACT PRICE. The Commission shall pay to the Contractor as full
compensation for the performance of the Contract, subject to any additions or deductions as
provided in the Contract Documents, and including all applicable taxes and costs, the sum of
Five Million One Hundred Forty Seven Thousand Eight Hundred Forty Six dollars ($5,147,846),
hereinafter, the Contract Price. Payment shall be made as set forth in the General Conditions.
ARTICLE4. LIQUIDATED DAMAGES. In accordance with Government Code Section
53069.85, it is agreed that the contractor will pay the Commission the sum of One Thousand
Four Hundred Dollars ($1,400) for each and every calendar day of delay in completing the Work
beyond each Completion Date set forth in Article 2 above, or beyond the Contract Time, as
liquidated damages and not as a penalty or forfeiture. In the event the Contractor is assessed or
incurs liquidated damages due to its delay of one or more Completion Dates or the Contract
Time, such liquidated damages shall be cumulative. In the event this is not paid, the contractor
agrees the Commission may deduct that amount from any money due or that may become due
the Contractor under the Contract. This Article does not exclude recovery of other damages
specified in the Contract Documents.
8
In anticipation of, and compliance with, the provisions of California Public Contract Code
§ 7102 and because it is agreed that the Contractor and the Commission that actual damages are
impracticable and extremely difficult to ascertain, if the Contractor is delayed in completing the
work due solely to the fault of the Commission, and where such delay is unreasonable under the
circumstances and not contemplated by the parties, the Contractor shall be entitled to the
appropriate time extension and to payment of liquidated damages in the sum of One Thousand
Four Hundred Dollars ($1,400) for each and every calendar day of delay. The Contractor
expressly agrees to be limited solely to the liquidated damages for all such delays as defined in
this subsection.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The "Contract
Documents" include only the following documents, each of which is incorporated into this
Agreement by reference:
1. Notice Inviting Bids
2. Instructions to Bidders
3. Contractor's Bid Forms
4. Contractor's Certificate Regarding Workers' Compensation
5. Bid Bond
6. Designation of Subcontractors
7. Information Required of Bidders
8. Non-Collusion Declaration form
9. Iran Contracting Act Certification
10. Contract
11. Performance Bond
12. Payment (Labor and Materials) Bond
13. General Conditions
14. Special Provisions (or Special Conditions)
15. Federal Requirements Technical Specifications dated September 27, 2013
16. Greenbook Standard Specifications (Excluding Sections 1-9 in their entirety)
17. City of Corona Public Works Department Standard Plans and Special Provisions
18. Addenda
19. Plans and Contract Drawings
20. Approved and fully executed change orders
The Contactor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. Work required by one of the
9
Contract Documents and not by others shall be done as if required by all. This Contract shall
supersede any prior agreement of the parties, whether written or oral. The Contract can be
modified only by a written Change Order executed in accordance with the Contract Documents.
ARTICLE6. PROVISIONS REQUIRED BY LAW. Each and every provision of law
required to be included in these Contract Documents shall be deemed to be included in these
Contract Documents. The Contractor shall comply with all requirements of applicable federal,
state and local laws, rules and regulations, including, but not limited to, the provisions of the
California Labor Code and California Public Contract Code which are applicable to this Work.
ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification and
defense as set forth in the General Conditions.
ARTICLES. PREY AILING WAGES. Contractor shall be required to pay not less than
the prevailing rate of wages in accordance with the Labor Code, which rates have been
determined by the Director of the California Department of Industrial Relations and shall be
made available at the Offices of the Commission or may be obtained online at
http//www.dir.ca.gov/dlsr. The wage rates must be posted at the job site.
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named
parties, on the day and year above written.
[SIGNATURES ON FOLLOWING PAGE]
10
Riverside County Transportation Dalke & Sons Construction, Inc.
Commission
By: By:
Signature Signature
Name Name
Title Title
Attest:
License Number
Commission Clerk
Approved as to form: Attest:
Signature
By:
Name
Its: Secretary
Title
11
AGENDA ITEM 9
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: April 28, 2014
TO: Western Riverside County Programs and Projects Committee
FROM: Alex Menor, Capital Projects Manager
THROUGH: Marlin Feenstra, Project Delivery Director
Amendment to Transportation Uniform Mitigation Fee Regional Arterial
SUBJECT: Agreement for the Interstate 15/Railroad Canyon Road Interchange Project
in the City of Lake Elsinore
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Approve Agreement No. 10-72-016-03, Amendment No. 3 to Agreement
No. 10-72-016-00, with the city of Lake Elsinore (Lake Elsinore) for the Interstate 15/
Railroad Canyon Road interchange project to authorize additional scope to analyze a
roundabout alternative as part of the project approval and environmental document
(PA&ED) phase with an additional $600,000 of TUMF funds to be allocated to this phase
for a total amount not to exceed $2,205,000;
2) Approve Agreement No. 11-31-107-03, Amendment No. 3 to Agreement
No. 11-31-107-00, with SC Engineering to add a roundabout alternative to the PA&ED
services associated with the project in the amount of $500,009, plus an additional
contingency amount of $25,000 for a total increase of $525,009, resulting in a total not
to exceed amount of $1,230,009;
3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute
the agreements on behalf of the Commission;
4) Authorize the Executive Director to approve release of contingency work up to the total
authorized amount as may be required for the project;
5) Authorize the Executive Director, pursuant to legal counsel review, to execute
agreements with Caltrans to reflect non-funding changes related to the project on
behalf of the Commission; and
6) Forward to the Commission for final action.
BACKGROUND IN FORMAT/ON:
In April 2000, Lake Elsinore initiated the 1-15/Railroad Canyon Road interchange project to
improve safety, circulation, and level of service of the interchange. In September 2003, Lake
Elsinore completed the project study report. Between January 2004 and June 2005, Lake
Elsinore completed interim improvements at the interchange to improve operations. In
Agenda Item 9
12
January 2006, Lake Elsinore contracted with SC Engineering to prepare the required studies for
the PA&ED phase.
In February 2010, the Commission entered into Agreement No. 10-72-016-00 with Lake Elsinore
to provide $1 million of TUMF Regional Arterial program funds for the project's PA&ED phase.
In January 2011, the city council approved a resolution requesting the Commission to assume
the PA&ED phase contract with SC Engineering. In May 2011, the Commission approved
Agreement No. 10-72-016-01 to increase the TUMF Regional Arterial program funds by
$206,000 and Agreement No. 11-31-107-00 for the Commission to assume the SC Engineering
agreement in the amount of $192,000, plus a contingency of $32,000, for a total amount not to
exceed $224,000 in order to manage the completion of the PA&ED phase for the project.
In late 2011, new requirements to analyze greenhouse gases for the air quality report and to
include new 2010 census data in the community impact assessment report resulted in an
additional $75,000 in out-of-scope work. Subsequently, work on the project stopped until
October 2013, when Lake Elsinore requested the Commission restart work on this project.
Commission staff then determined the amount of work required to complete the PA&ED phase.
Lake Elsinore secured approval at its November 12, 2013, council meeting to increase the TUMF
allocated to this phase and to increase the PA&ED funding by $399,000 to $1,605,000. The
additional TUMF funds were approved by the Commission in December 2013 and
reprogrammed from a future right of way phase. In December 2013, the Commission approved
staff's recommendation to amend SC Engineering's contract Amendment No. 2 for an
additional amount of $481,000 to continue with the PA&ED phase of work. The total
Commission authorization for this additional work was $705,000.
DISCUSSION:
Due to the immediate need to alleviate traffic conditions at the 1-15/Railroad Canyon Road
interchange, staff in cooperation with Lake Elsinore and Caltrans has been looking at different
alternatives to expedite much needed improvements in this location. After preliminary studies
and numerous meetings with Lake Elsinore, Federal Highway Administration, Caltrans, and the
project development team, it was agreed that a roundabout alternative should be added in the
PA&ED suite of alternatives currently under consideration.
At its March 25, 2014, council meeting, Lake Elsinore approved a request to the Commission to
include the roundabout alternative in the project's PA&ED phase. The roundabout alternative
analysis is estimated to cost $600,000. The additional TUMF funds will be programmed from a
future right of way phase. Staff estimates the phase can be completed in about 18 months.
The major benefits of the roundabout alternative are minimal right of way impacts and
considerably lower construction cost of between $10-$15 million compared to the construction
cost for the alternatives under consideration of between $65-$70 million. Additionally, the
current alternatives under consideration will be designed to a 30 percent plan level while the
Agenda Item 9
13
roundabout alternative will be designed to about 80 percent plan level during this PA&ED
phase.
Commission staff reviewed SC Engineering's proposal to add a roundabout alternative and
recommends the Committee approve this request to complete the PA&ED phase. Staff
estimates the additional cost to complete this phase is $600,000, comprised of $500,009 for SC
Engineering, $25,000 for contingency, and Commission staff costs of $74,991. Therefore, staff
recommends an amendment to the SC Engineering agreement for $525,009. As a result of
approval of Amendment No. 3 to SC Engineering agreement, the total Commission
authorization will be $1,230,009.
Financial Information
In Fiscal Year
I N/A I Year: I FY 2014/15+ /Amount: I $600,000 revenues and
Budget: expenditures
Source of Funds: I TUMF Regional Arterial I Budget Adjustment: I N/A
GL/Project 005104 416 41607 210 72 42110 $600,000 TUMF funding
005104 8110121072 81101 $525,009 Engineering expenditures Accounting No.: 005104 6XXXX 210 72 6XXXX $74,991 Commission staff and other costs
Fiscal Procedures Approved: 1~~ I Date: I 04/18/2014
Attachments:
1) Draft TUMF Funding Amendment-Agreement No. 10-72-016-03
2) Draft SC Engineering Amendment-Agreement No. 11-31-107-03
3) SC Engineering Scope and Fee for Amendment No. 3
4) SC Engineering Amendment 3 Schedule
Agenda Item 9
14
ATTACHMENT 1
Agreement No. 10-72-016-03
AMENDMENT NO. 3
TO AGREEMENT FOR THE FUNDING OF TUMF REGIONAL ARTERIAL
IMPROVEMENTS WITH THE CITY OF LAKE ELSINORE FOR THE RAILROAD
CANYON ROAD AT 1-15 IMPROVEMENTS
1. PARTIES AND DATE
<:Y>::t\
This Amendment No. 3 is made and entered into as of this day of
____ , 2014, by and between the RIVERSIDE COUNTY TRANSPORTATION
COMMISSION ("Commission") and CITY 0 . "KE ELSINORE ("City").
2. RECITALS
2.1 The Commission and the City d into an agreement entitled
"Agreement for the\it;;'unding of TUM anal Arterial Improvements with
the City of Lake· Elsinore" dated ruary 4, 2010 (the "Master
Agreement"). The Ma~ter Agftpf;qient provides the terms and conditions,
scope of wgrk, schedule and fundib amou' · r the Project Approval and
Enviror:irrii~la1J~"Document ("PA&E '·· hase·;,,related to the Railroad
Cany</?~ Road'a\tf!tne 1-15 lmp,rovemen reject (hereinafter the "Project").
The Pri;>ject is mere specifically described. in Exhibit "B" of the Master
Agreerrfa'~t
2;~1 :::. The C ission and the' lty h:~e entered into an Amendment No. 1 to
the Ma greerrient, dated June 6, 2011, ("Amendment No. 1 ") for the
. purpose of increasing the Funding Amount and assuming the City's
·,;r:1~,xisting professional services agreement with SC Engineering for the
~~PA&ED services:for the Project.
ii~::~J,·
2.3 The CQmmiss· and the City have entered into an Amendment No. 2 to
the Master A . ement, dated December 19, 2013, ("Amendment No. 2")
for the purpos'e of increasing the Funding Amount and assuming the City's
existing professional services agreement with SC Engineering for the
PA&ED services for the Project.
2.4 The parties now desire to amend the Master Agreement in order to
provide additional TUMF funding for the completion of the PA&ED Phase
of the Project.
1
17336.01200\8381048.2
15
3. TERMS
3.1 The Funding Amount, as set forth in Section 3.2 of the Master Agreement,
as amended by Amendment No. 2, shall be increased from One Million
Six Hundred Five Thousand Dollars ($1,605,000) to Two Million Two
Hundred Five Hundred Dollars (2,205,000).
3.2 The funding allocations identified in Exhibit "A" of the Master Agreement
shall be replaced by the funding allocations identified in Exhibit "A"
attached to this Amendment and incg~li~fo.ted herein by reference. The
Funding Amount shall be utilized a~11pecifi~d .. in the attached Exhibit "A"
and in accordance with the terms of tne Maste reement.
3.3 Except as amended by thj~,1jt.mendment, all pP~~lsions of the Master
Agreement, as amended by· AgrJilendment,,tJo. 1 ancJ!~,2. including without
limitation the indemnity and ins'urance pr visions, shall remain in full force
and effect and ~~'II govern the s of the parties under this
Amendment. 'f '' · · ·
,"7f41h%
csVinatures oqJ~no\Ying page]
2
17336.01200\8381048.2
16
SIGNATURE PAGE
TO
AGREEMENT NO. 10-72-016-03
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on
the date first herein above written.
RIVERSIDE COUNTY
TRANSPORTATION COMMISSION
By:
Marion Ashley, Chair
APPROVED AS TO. Ji!'
By:
:''~st Best & Krieger LLP:1t'
Cq1Jnsel to the Riverside County
Tran!?i:?,Qrtation Commission·
',+~fl!' , '
17336.01200\8381048.2
By:
APP.
By:
3
17
Robert E. Magee, Mayor
AS TO FORM:
Barbara Liebold
City Attorney
EXHIBIT "A"
FUNDING
FUNDING:
PHASE TUMF LOCAL TOTAL
PA&ED $2,205,000 $0 $2,205,000 .
TOTAL $2,205,000 N/A $2,205,000
17336.01200\8381048.2 EXHIBIT "A"
18
ATTACHMENT 2
Agreement No. 11-31-107-03
AMENDMENT NO. 3
TO AGREEMENT FOR PROFESSIONAL SERVICES WITH SC ENGINEERING
FOR THE RAILROAD CANYON/DIAMOND DRIVE INTERCHANGE
AT THE 1-15 FREEWAY
1. PARTIES AND DATE
::(}'!'\""""
This Amendment No. 3 is made and
_____ , 2014, by and between the
COMMISSION ("Commission") and REYES
~/-, :,.:.;\:?;,
elltered i as of this day of
· RSIDE C 0 .JY TRANSPORTATION
CHAVEZ, a sof!~'p~pprietorship, d/b/a SC
ENGINEERING ("Consultant"). llu~ '!@t'!fo,,
~Yi??r -
"%M,
2. RECITALS ,,,,~~)~~b' /' ''Vii:'.;l-, .·,.,,
The City of Lake EISiAAr~,j"City") arid ,SC Engineering entered into an
Agreement For Prof~ssiof\'il~} ervices,: ted December 1, 2005 (the
"Master Agreement") fQ;r::tthe ., se of re ·ng Consultant to prepare a
2.1
Project Report1,~nd Draff~Fnvir ntal D .. nt ("PA&ED") necessary
for the., RailroaCl'· Canyon·':~"oa ive Interchange at the 1-15
Freewjy (the "Project"). "'
, ~M%
'ifii;;·,
2.2 T~~L Commission ;:;!;ai!id City hav,? entered into an Assignment and
A~5ft!fm[i>tion Agr~~ment ("Assignllj~nt"), Commission Agreement No. 11-
31-107~~~i for the 'purpose 61tascSigning to the Commission all of the City's
rights ancPibt?rests i!'l;.Jmd to the Master Agreement, except as amended
y this Amendment " 1. A copy of the Assignment is on file at the
dces of the Commissi •
2.3 Prior'to enteri119; into Amendment No. 1, and in order to ensure the timely
progression.(:)fConsultant's services, the Commission and Consultant
entered infq:.a letter agreement for certain services related to the Project
(the "Letter Agreement").
2.4 The Commission and the Consultant have entered into an Amendment
No. 1 to the Master Agreement, dated June 1, 2011, which amended and
superseded the Letter Agreement, and incorporated additional terms and
conditions into the Master Agreement.
17336,01200\8489176.1
19
2.5 The Commission and the Consultant have entered into an Amendment
No. 2 to the Master Agreement, dated January 6, 2014, to revise the
Scope of Services and provide additional compensation to complete the
PA&ED Phase of the Project.
2.6 The parties now desire to amend the Master Agreement in order to
provide additional compensation to complete the PA&ED Phase of the
Project.
3. TERMS
3.1 The maximum compensation for Services performed pursuant to this
Amendment shall not exceed Five Hundred Thousand Nine Dollars
($500,009) attached to this Amendment and incorporated herein by
reference. Work shall be performed at the rates set forth in the Master
Agreement.
3.2 The total not-to-exceed value of the Master Agreement, as previously
amended and as amended by this Amendment No. 3, shall be increased
from Six Hundred Fifty-Six Thousand Dollars ($656,000) to One Million
One Hundred Fifty-Six Thousand Nine Dollars ($1, 156,009).
3.3 Except as amended by this Amendment, all provisions of the Master
Agreement, as amended by Amendment No. 1 and 2, including without
limitation the indemnity and insurance provisions, shall remain in full force
and effect and shall govern the actions of the parties under this
Amendment.
[Signatures on following page]
2
17336.01200\8489176.1
20
SIGNATURE PAGE
TO
AGREEMENT NO. 11-31-107-03
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on
the date first herein above written.
RIVERSIDE COUNTY
TRANSPORTATION COMMISSION
Marion Ashley, Chair
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
Counsel to the Riverside County
Transportation Commission
17336.01200\8489176.1
3
21
REYES S. CHAVEZ
d/b/a SC ENGINEERING
By:~~~~~~~~~~
Reyes S. Chavez, President
Exhibit C
17336.01200\8489176. J
22
April 11, 2014
TRANSPORTATION
TRAFFIC
CIVIL ENGINEERING
PROJECT/CONSTRUCTION MANAGEMENT
Riverside County Transportation Commission
4080 Lemon Street, 3rd Floor
PO BOX 12008
Riverside, CA 92502-2208
Attention: Mr. Alex Menor
Capital Projects Manager
Subject: New Alternative 4 -Roundabouts
Scope of Work and Fee Proposal
Project Approval/Environmental Document (PA/ED) Phase
Dear Mr. Menor:
ATTACHMENT 3
1-15/Railroad Canyon Road
and 1-15/Franklin Street IC
Reconstruct IC and New IC
As part of the Project Development Process the City of Lake Elsinore has requested that a new Alternative be
investigated during the PA/ED phase. The new Alternative 4 will include roundabouts along Railroad Canyon
Road from Mission Trail-Lake Shore Drive to Grape Street-Summerhill Drive. In addition, at the direction of
Caltrans and concurrence from the City, the forecasted 2040 volumes will be updated to the Southern California
Association of Governments (SCAG) new growth rates for the Lake Elsinore/Canyon Lake area. Itemized below
is a detailed description of a cost to complete the PA/ED phase of the project.
SCOPE OF SERVICES
Engineering Services
1. Supplemental Traffic Impact Analysis (STIA)
The Traffic Impact Analysis (TIA) was approved in September 2009; and the STIA were approved in March
2010, November 2010, and March 2011. The STIA will be updated to include new Alternative 4 and update
the forecasted 2040 Design Year based on new SCAG growth rates as follow:
• Opening Year 2019 Analysis -Alternative 4, Roundabouts.
• Phase 1 Failure Year-Alternative 4, Roundabouts.
• Updated Forecasted Design Year 2040 -Alternative 2, 3 and 4.
• Roundabout Capacity Analysis -An analysis of the proposed roundabouts will be conducted using the
roundabout design software tools of SIDRA, VISSIM, and RODEL. All three software should be used on
this type of project due to the intersection spacing and complexity of volumes to verify results, eliminate
or identify anomalies in software types, and arrive upon proper capacity needs for the corridor. In
addition, lane-by-lane hand calculations will also be performed based on prior high capacity roundabout
analyses and experience to ensure software results are appropriate, reasonable, and within tolerance
levels of past experience.
The VISSIM analyses will be conducted simultaneously with the SIDRA and RODEL analyses to balance
the results within VISSIM and stay on schedule. The VISSIM analyses will be based on the ultimate
geometry developed after hand calculations and preliminary RODEL/SIDRA calculations are conducted.
Using the ultimate geometry, the traffic projections for 2019, failure year and 2040 for the AM and PM
peak hours will be modeled in VISSIM. The measures-of-effectiveness obtained from VISSIM will be
tabulated. The LOS results from VISSIM will be based on the criteria specified by the 2010 Highway
Capacity Manual for roundabouts. All analyses will be reviewed and checked for consistency and
Serving the Transportation Needs of the Inland Empire and High Desert
Headquarters
16096 Chiwi Road
Apple Valley, CA 92307
760.242.2081f.3951.204.8073
Mr. Alex Menor
Capitals Project Manager
RCTC
Cost to Complete Scope of Work and Fee Proposal
April 11, 2014
Page 2 of 8
resulting lane configurations for the best lane configurations. The capacity analysis calculations from all
software will provide the number of approach lanes and capacity requirements for the roundabouts based
on the interim and future design volumes. This will set the design requirements for the initial roundabout
designs at each of the five intersections. The AM and PM traffic volumes will need to be analyzed at each
of the five intersections at both the standard and peak percentile confidence levels for a total of twenty
RODEL model runs/calculations. This will verify how each roundabout will operate under both peak hour
traffic conditions during typical design and critical design operations (a function SIDRA does not provide).
The Level of Service (LOS) will be updated for intersections, Ramp Merge-Weave, Ramp Merge-Diverge, and
freeway mainline for Alternative 1, 2, 3 and 4. The LOS will be based on the 2000 Highway Capacity Manual
Methodology. The LOS and Roundabout analysis will be documented in the STIA.
2. New Connection Report (NCR)
The NCR will be updated to include new Alternative 4 (Roundabouts) and will include a Safety Analysis,
incorporation of STIA data/information including the 2040 Design Year data.
3. Life Cycle Cost Analysis (LCCA)
No new activity is anticipated.
4. Traffic Management Plan (TMP) Data Sheet
No new activity is anticipated.
5. Storm Water Data Report-Project Approval/Environmental Document (SWOR-PA/ED)
No new activity is anticipated.
6. Water Quality Assessment Supplemental Memorandum
No new activity is anticipated.
7. Right of Way Requirements Preparation and Data Sheet Coordination
Right of Way Requirements will be prepared for the new Alternative 4, Roundabouts. Caltrans will prepare
the Right of Way Data Sheet, but coordination between the consultant and Caltrans staff is required.
8. Bridge Advance Planning Studies (APS)
No new activity is anticipated.
9. Update Geometric Approval Drawings (GADs) and Design Fact Sheet for Alternative 4, Roundabouts
The GADs were approved in May 2010. New GADs will be prepared for new Alternative 4, Roundabouts.
The GADs will include horizontal and vertical control; lane configuration and advance traffic signage;
pedestrian and bicyclist movements; access to existing business; and truck turn diagrams.
If required, Supplemental Advisory Design Exception and/or Supplemental Mandatory Design Exception will
be prepared.
10. Intersection Control Evaluation (ICE) Report
The ICE report will be updated to include the incorporation of new Alternative 4, Roundabouts.
11. Update Preliminary Material Report (PMR) to Current Standards
No new activity is anticipated.
24
Mr. Alex Menor
Capitals Project Manager
RCTC
Cost to Complete Scope of Work and Fee Proposal
April 11, 2014
Page 3 of 8
12. Update Preliminary Geotechnical Design Report (PGDR) to Current Standards
No new activity is anticipated.
13. Draft Project Report (DPR)
The DPR will be updated to incorporate new Alternative 4, Roundabouts and address the following:
a. Safety Analysis and Traffic Accident Data Update
b. Preliminary Construction Cost Estimate
c. STIA Data Incorporation
d. GADs and Fact Sheets
14. Final Project Report (FPR)
No new activity is anticipated.
15. Project Management/Administration/Meetings/Public Outreach
General Project Management and Coordination efforts related to completion of the PA/ED phase. It is
anticipated that another 6 months will be required to complete the PA/ED phase due to new Alternative 4,
Roundabouts. In addition, a Public Outreach Program and Information Data will be developed for New
Alternative 4, Roundabouts.
Environmental Services
All documentation will be prepared pursuant to the Caltrans Project Development Procedures and Workflow
Tasks Manuals (including the PR Guidelines), and the Caltrans Standard Environmental Reference (SER) Web
page as of March 18, 2014 (including the annotated IS/EA template dated August 2013). If, after the first drafts of
these documents are completed, substantial effort is required to comply with new revisions to Caltrans guidelines
for the technical studies or the IS/EA, the scope and budget may need to be modified accordingly.
Task 1.0: Project Re-initiation
The scope and budget for Task 1.0 as specified in the July 10, 2013 Proposal to complete Initial
Study/Environmental Assessment (IS/EA) and Environmental Services for the 1-15/Railroad Canyon Road
Interchange project is adequate. No new additional work under Task 1.0 is anticipated for the inclusion of the
additional alternative (Alternative 4) as part of the project.
Task 2.0: Project Management/Meetings
In addition to project management, this task includes ongoing project team coordination and attendance at up to
an additional 6 Project Development Team (PDT) meetings (assuming LSA will be required to attend every
monthly PDT meeting for the 24-month schedule) or other meetings.
Task 3.0: Updates to Environmental Technical Studies
Unless otherwise noted, this scope and budget are based on three rounds of Caltrans review for the draft revised
technical studies. The first round of review is for major comments, and the second and third rounds are for minor
cleanup comments (no new comments requiring substantial revisions). The first submittal includes a "5 day
completeness review submittal" to enable Caltrans to review the report to ensure it provides the basic information
required per the SER, prior to submitting the first draft reports for full review. If the concept plans for the project
are revised after the analysis for the technical studies is complete, new analysis based on the revised plans may
be required, and the scope and budget may need to be modified accordingly.
Task 3.1 Air Quality Report (AQR) and Air Quality Conformity Analysis (AQCA). CONSULTANT
prepared an Air Quality Report and Air Quality Conformity Analysis for the proposed project. The AQR and
AQCA received concurrence from Ca/trans on April 19, 2010.
25
Mr. Alex Menor
Capitals Project Manager
RCTC
Cost to Complete Scope of Work and Fee Proposal
April 11, 2014
Page 4 of 8
Based on the March 2014 PDT meeting, LSA will evaluate an additional alternative {Alternative 4) in the
updated Air Quality Assessment Report (AQAR) and Air Quality Conformity Analysis (AQCA) specified in the
January 6, 2014 contract to complete Initial Study/Environmental Assessment (IS/EA) and Environmental
Services for the 1-15/Railroad Canyon Road Interchange project
Task 3.2 Noise Study Report (NSR). CONSUL TANT prepared a Noise Study Report (NSR) for the
proposed project. The NSR received concurrence from Ca/trans on February 10, 2011.
Based on the March 2014 PDT meeting, LSA will evaluate an additional alternative (Alternative 4) in the
updated Noise Study Report (NSR) specified in the January 6, 2014 contract to complete the Initial
Study/Environmental Assessment (IS/EA) and Environmental Services for the 1-15/Railroad Canyon Road
Interchange project.
Task 3.3 Noise Abatement Decision Report (NADR). CONSULTANT prepared a Noise Abatement
Decision Report (NADR) for the proposed project.
Based on the March 2014 PDT meeting, LSA will evaluate an additional alternative (Alternative 4) in the
updated Noise Abatement Decision Report (NADR) specified in the January 6, 2014 contract to complete
Initial Study/Environmental Assessment (IS/EA) and Environmental Services for the 1-15/Railroad Canyon
Road Interchange project.
Task 3.4 Community Impact Assessment. CONSULTANT prepared a Community Impact Assessment
(CIA) that identified the project's community impacts on neighborhoods, businesses, and minority and low-
income populations. The CIA received concurrence from Caltrans on December 29, 2010. In addition, a
supplemental memo documenting limited 2010 Census updates was prepared and submitted to Caltrans in
December 2011.
Based on the March 2014 PDT meeting, LSA will evaluate an additional alternative (Alternative 4) in the
updated Community Impact Assessment (CIA) specified in the January 6, 2014 contract to complete Initial
Study/Environmental Assessment (IS/EA) and Environmental Services for the 1-15/Railroad Canyon Road
Interchange project
Task 3.5 Biological Natural Environment Study (NES). CONSUL TANT prepared a Biological Natural
Environment Study (NES) for the proposed project. The NES received concurrence from Ca/trans on
November 24, 2010.
The Natural Environment Study (NES) dated August 2010, and associated studies (Determination of
Biological Equivalent or Superior Preservation (DBESP) and the Western Riverside County Multiple Species
Habitat Conservation Plan (MSHCP) Consistency Analysis) will be updated to include Alternative 4. The
Biological Study Area in the 2010 NES encompasses the majority of Alternative 4 with exception to a small
area south of the intersection of Diamond Drive and E. Lake Elsinore Drive/Mission Trail. A field visit will be
conducted of this additional area, and vegetation and land uses will be mapped and habitat for sensitive
species and other biological resources will be assessed. Based on a preliminary aerial photograph review,
no additional focused biological studies are anticipated to be required.
The database records search for Federal and State lists of sensitive species will be updated via review of the
California Natural Diversity Data Base (CNDDB) (California Department of Fish and Wildlife [CDFW], 2014)
and the California Native Plant Society's Electronic Inventory of Rare and Endangered Vascular Plants of
California (Skinner, et al., 2014). The project description and graphics will also be revised to address
Alternative 4.
Task 3.6 Visual Impact Assessment (VIA). CONSULTANT prepared a Visual Impact Assessment (VIA) for
the proposed project. The VIA received concurrence from Ca/trans on October 5, 2010.
26
Mr. Alex Menor
Capitals Project Manager
RCTC
Cost to Complete Scope of Work and Fee Proposal
April 11, 2014
Page 5 of 8
There is an approved Visual Impact Assessment for the 1-15/Railroad Canyon Road Interchange Project
containing three project alternatives (Alternatives 1, 2 & 3) dated October 2010. Estrada Land Planning will
provide visual assessment services for an additional alternative (Alternative 4). Estrada Land Planning will
prepare a Visual Impact Analysis (VIA) for Alternative 4 using FHWA format and requirements for submittal to
the City, RCTC, and Caltrans. The VIA report will analyze the potential visual impacts to the project view
sheds, including the existing and proposed visual quality, anticipated viewer response to changes; selection
of representative key views, simulating the appearance of the project features and preparation of mitigation or
offset measures for potential impacts in conformance with FHWA standards. The analysis will be based on
the proposed grading, construction and landscape plans provided by the LSA. The VIA simulations of
proposed views will be based on the mitigation measures developed as part of the VIA. Following is the
scope of services for the VIA.
Initial Meeting. Estrada Land Planning will meet with the project team to discuss the project goals, design
options, schedule, special issues or site constraints, obtain base information, and obtain input for key
viewpoints and report formatting.
Site Inventory/Field Verification. Estrada Land Planning will conduct a site visit to obtain a general
understanding of the project area, establish existing site conditions, analyze the predominant visual
character, determine affected view sheds, and evaluate key viewpoints. The information will be documented
using digital photographs, field notes and observations. The photographs will be used to prepare the visual
impact assessment and key views.
Research Existing Documents. Estrada Land Planning will research applicable plans and public documents
to determine applicable regulations, codes, applicable visual evaluation criteria, and evidence of the
community's relative sensitivity to visual issues.
Key View Selection. Estrada Land Planning will use the ten (10) key views used for the approved VIA. The
selected key views will be submitted to the City, RCTC, and Caltrans for review and approval prior to
proceeding with the visual simulations. OPTIONAL: Two (2) more key views may be selected based on input
from the project team and Caltrans.
Visual Simulations. Up to two (2) visual simulations for the alternative, consisting of existing and proposed
key views, will be prepared for inclusion in the Visual Impact Assessment submittal. The key viewpoints, as
determined by the project team, and confirmed by the City, RCTC, and Caltrans will be used in preparing the
visual simulations. The simulations will consist of single frame "still" views. A digital terrain model (DTM) will
be prepared from 3d AutoCAD data provided by the engineer as a basis for the simulations. Up to 5 color
copies and a digital file of the Proposed Key View simulations with a brief description of reasons for selection
will be provided. OPTIONAL: Two (2) more simulations for the alternative may be selected based on input
from the project team and Caltrans.
Draft Visual Impact Assessment. A Draft Visual Impact Assessment (VIA) will be prepared for this project in
accordance with the objectives and methods described in the CEQA requirements, and Visual Impact
Assessment for Highway Projects (FHWA 1981 ), using the current Caltrans boilerplate format for "Draft
Visual Impact Assessment" submittal. The objectives of the Visual Impact Assessment will be to analyze the
project impacts on visual resources including how the proposed construction will fit into the visual contexts of
the existing landscape and community visual quality.
The assessment will describe the existing visual characteristics and significant visual resources of the area to
be affected by the project construction. Simulations of the representative key views will be prepared and
analyzed to determine qualitative effects and impacts on the visual environment. Mitigation measures will be
recommended to reduce significant impacts. The analysis will be assembled in booklet form, combining text,
existing photos, visual simulations and concepts. The Draft Visual Impact Assessment will be provided for
review by LSA and RCTC as a PDF file prior to submittal to Caltrans and the draft will be modified by Estrada
Land Planning. One submittal and revision to the Draft Visual Impact Assessment is included before finalizing
the draft document for submittal to Caltrans.
27
Mr. Alex Menor
Capitals Project Manager
RCTC
Cost to Complete Scope of Work and Fee Proposal
April 11, 2014
Page 6 of 8
Final VIA. Estrada Land Planning will make appropriate revisions to the VIA and simulations based on
comments provided by the City, RCTC, or Caltrans. Two revisions to the Draft Final Visual Impact
Assessment are included before finalizing the document. Up to 5 color copies of the Final Visual Assessment
and a .PDF electronic file will be provided.
Meetings: Up to two meetings with the City, RCTC, Caltrans, or project team will be provided during the
Visual Impact Assessment phase.
Optional Task:
Update Approved VIA to Current Guidelines: If directed by the project team to use the new VIA template,
Estrada Land Planning will format and edit the approved Visual Impact Analysis (VIA) to meet the new FHWA
guidelines/methodology, with the inclusion of Alternative 4, for submittal to the City, RCTC, and Caltrans.
Task 3.7 Relocation Impact Memorandum (RIM). CONSULTANT prepared a Relocation Impact
Memorandum (RIM) for the proposed project. The NSR received concurrence from Ca/trans on April 14,
2010.
LSA will update the Relocation Impact Memorandum (RIM) to include the new build alternative (Alternative 4)
based on updated right of way information provided by SC Engineering. The budget to prepare the revised
RIM ($1,200) would be covered by the budget originally identified as part of Task 3.5 (Supplemental
Technical Memoranda) in the January 6, 2014 contract.
Task 3.8 Hazardous Waste Initial Site Assessment (/SA). Leighton Consulting prepared a Hazardous
Waste Initial Site Assessment (/SA) for the proposed project. The /SA received concurrence from Ca/trans on
November 16, 2010.
The project originally anticipated full or partial acquisition of 108 parcels within the project footprint. However
the addition of a new build alternative (Alternative 4) with roundabout intersections has extended the project
area to include an additional five (5) parcels for full or partial takes. In addition, due to the age of the ISA,
Caltrans has requested an updated ISA to current standards and inclusion of the additional five parcels. The
new ASTM standard for Phase I ESAs, ASTM E1527-13, has recently taken effect and Leighton Consulting
will update the existing ISA to this standard and any new standards promulgated by Caltrans since the time of
the final ISA report.
Leighton will approach this project by performing an update to our 2010 corridor ISA of the portion of each of
the 108 parcels anticipated to be acquired through the easements in accordance with ASTM E1527-13
Standard and include new assessments to include the five additional parcels included for full or partial takes.
The assessment will be restricted to the anticipated easement portions of the parcels and will not include
assessments of the full parcels involved, other than to assess the nature of adjoining land as described by the
ASTM standard.
If structures are encountered within the easement during our ISA, recommendations will be provided on the
need for hazardous materials surveys, which may include recommended surveys for asbestos, lead-based
paint, and other hazardous substances that might be present. These services can be provided for additional
fees based on the nature, age, and square footage of the structures identified during the ISA. The proposed
study consists of the following components:
Updated Records Review.
Updated review of site history for the years between 2010 report and the current assessment.
Current Site Reconnaissance.
Full ASTM Standard E1527-13 assessment for the five additional parcels associated with the project area
expansion.
Updated ISA Report to ASTM Standard E1527-13.
28
Mr. Alex Menor
Capitals Project Manager
RCTC
Cost to Complete Scope of Work and Fee Proposal
April 11, 2014
Page 7 of 8
Leighton Consulting will prepare a single comprehensive report in draft and final form. Leighton Consulting
will submit a total of three hard copies one electronic copy on CD ROM of the draft and
Task 3.9 Historic Property Survey Report (HPSR). CONSUL TANT prepared a Historic Property Survey
Report (HPSR) for the project and received Ca/trans approval on June 30, 2011.
A supplemental HPSR is now required by Caltrans to address current changes to the project engineering that
have necessitated a revision of the Area of Potential Effects (APE) map. Based on current coordination with
Caltrans, LSA understands that no supplemental records search or Archaeological Survey Report (ASR) will
be required, and that no additional Native American consultation will be conducted by Caltrans that requires
documentation.
LSA will coordinate one iteration of the revised APE Map with the project engineer for submission to Caltrans.
Coordination is not anticipated to take more than one day (8 hours). No substantive comments are
anticipated from Caltrans.
Based upon coordination with Caltrans, a supplemental HPSR will be prepared that incorporates a detailed,
revised project description provided by SC Engineering and includes the revised APE map as an attachment.
The format of the Supplemental HPSR will be consistent with Caltrans guidelines as indicated in the Caltrans
SER. LSA will provide an electronic version of the draft report to the PDT and four hard copies to Caltrans for
review. Four hardcopies of the final report will be provided to Caltrans, and a pdf of the final report will be
forwarded to the PDT.
Task 4.0: Update Second Administrative Draft IS/EA
Based on the March 2014 PDT meeting, LSA will evaluate an additional alternative (Alternative 4) in the updated
Second Administrative Draft IS/EA as specified in the January 6, 2014 contract to complete Initial
Study/Environmental Assessment {IS/EA) and Environmental Services for the 1-15/Railroad Canyon Road
Interchange project. The Draft IS/EA will be updated to use the IS/EA Annotated Outline dated August 13, 2013,
as currently posted on the SER website.
Task 5.0: Prepare Draft IS/EA for Approval to Circulate (One Copy for Signature)
The scope and budget for Task 5.0 as specified in the January 6, 2014 contract to complete Initial
Study/Environmental Assessment (IS/EA) and Environmental Services for the 1-15/Railroad Canyon Road
Interchange project is adequate. No new additional work under Task 5.0 is anticipated for the inclusion of the
additional alternative (Alternative 4) in the updated Draft IS/EA.
Task 6.0: Public Review
The scope and budget for Task 6.0 as specified in the January 6, 2014 contract to complete Initial
Study/Environmental Assessment (IS/EA) and Environmental Services for the 1-15/Railroad Canyon Road
Interchange project is adequate. No new additional work under Task 6.0 is anticipated for the inclusion of the
additional alternative (Alternative 4).
Task 7.0: Prepare Draft Response to Comments
The Draft Response to Comments will be prepared for submittal to the PDT (SC Engineering, RCTC, the City,
and Caltrans) (up to 15 copies) for review and comment. The Draft Response to Comments will be revised per
the PDT's comments and submitted to Caltrans for approval. LSA will prepare responses for its areas of
responsibility and will coordinate with SC Engineering, RCTC, the City, and Caltrans to prepare responses for
their respective areas of responsibility. With the inclusion of a new build alternative (Alternative 4) to the Draft
IS/EA, an additional 40 LSA staff hours would be required to complete this task.
29 DJ
j~ N Q I N ii E R I N G{
Mr. Alex Menor
Capitals Project Manager
RCTC
Task 8.0: Prepare Draft MND/FONSI
Cost to Complete Scope of Work and Fee Proposal
April 11, 2014
Page 8 of 8
The scope and budget for Task 8.0 as specified in the January 6, 2014 contract to complete Initial
Study/Environmental Assessment (IS/EA) and Environmental Services for the 1-15/Railroad Canyon Road
Interchange project is adequate. No new additional work under Task 8.0 is anticipated for the inclusion of the
additional alternative (Alternative 4) for the preparation of the Draft MND/FONSI.
Task 9.0: Prepare Final MND/FONSI
The scope and budget for Task 9.0 as specified in the January 6, 2014 contract to complete Initial
Study/Environmental Assessment (IS/EA) and Environmental Services for the 1-15/Railroad Canyon Road
Interchange project is adequate. No new additional work under Task 9.0 is anticipated for the inclusion of the
additional alternative (Alternative 4) in the Final MND/FONSI.
Task 10.0: Environmental Commitments Record
The scope and budget for Task 10.0 as specified in the January 6, 2014 contract to complete Initial
Study/Environmental Assessment (IS/EA) and Environmental Services for the 1-15/Railroad Canyon Road
Interchange project is adequate. No new additional work under Task 10.0 is anticipated for the inclusion of the
additional alternative (Alternative 4) in the Environmental Commitments Record.
Once again, I appreciate the opportunity to serve the RCTC and assist in the process of the approval of the
necessary documents to provide a safer transportation facility in the City of Lake Elsinore and County of
Riverside. Should you have any questions, do not hesitate to call me at 951-204-8073.
Sincerely,
SC ENGINEERING
Sal Chavez, PE
Principal/Project Manager
cc: Project Files-55
Attachments
Fee Proposal
30
RCTC_Roundabout·Railroad_04.11.2014_R·1 1-15/Railroad Canyon Road
FEE PROPOSAL -ROUNDABOUT ALTERNATIVE
PROJECT APPROVAUENVIRONMENTAL DOCUMENT (PA/ED)
TASK
Additional Engineering and Environmental Services
Engineering Services
1. Supplemental Traffic Impact Analysis (STIA) -Alternative 4 (Roundabouts) and
Updated 2040 Design Year based on New SCAG Growth Rates
Opening Year 2019 Analysis
Volume Development Analysis (Project Phase 1, Alternative 4)
LOS-Intersections (Project Phase 1, Alternative 4) (Covered under Roundabout Analy
LOS -Merge Weave (Project Phase 1, Alternative 4)
LOS -Ramp Merge-Diverge (Project Phase 1, Alternative 4)
LOS -Freeway Mainline (Project Phase 1, Alternative 4)
Phase 1 Project Failure Year Analysis
Volume Development Analysis (Project Phase 1, Alternative 4)
LOS -Intersections (Project Phase 1, Alternative 4) (Covered under Roundabout Analy
LOS -Merge Weave (Project Phase 1, Alternative 4)
LOS -Ramp Merge-Diverge (Project Phase 1, Alternative 4)
Level of Service -Freeway Mainline (Project Phase 1, Alternative 4)
2040 Volume Development (Alternative 1, 2, 3, and 4)
2040 Volume Development (with and without Franklin Street Interchange)
Level of Service (LOS) -Intersections (Excludes Roundabout)
LOS -Ramp Merge-Weave
LOS -Ramp Merge-Diverge
LOS -Freeway Mainline
Supplemental TIA-Alternative 4 and 2040 Design Year
Exhibits/Attachments-Alternative 4 and 2040 Design Year
Subtotal
Roundabout STIA Support
Review of Existing and Future Conditions I Plans I Alignments
Capacity Analyses
Redel: 3 Scenarios; AM and PM Peak Hour
VISSIM/SIDRA
Lane Configuration and Hand Check Calculations
Technical Roundabout Summary Report
Subtotal
Grand Subtotal
2. New Connection Report (NCR)
Safety Analysis (Alternative 4)
Incorporation of Supplemental STIA Data for Alternative 4 and 2040 Design Year
Update NCR Exhibits to incorporate Alternative 4 and 2040 Design Year
Subtotal
3. Life Cycle Cost Analysis (LCCA)
Update per revised Preliminary Material Report
Finalize/Update LCCA to current standards
Subtotal
4. Traffic Management Plan Data Sheet, Update to Current Standards
5. Storm Water Data Report, update to current standards
6. Water Quality Memo Update
7. Right of Way Requirements and Data Sheet Coordination -Alternative 4
8. Bridge Advance Planning Studies (APS) -Metric to English
Grape Street Northbound Entrance Ramp Undercrossing Bridge
Southbound Railroad Canyon Road Undercrossing Bridge
Franklin Street Overcrossing Bridge
Subtotal
9. Update Geometric Approval Drawings (GADs) and Design Fact Sheets for Alternative 4
Roundabout GADs (Horizontal and Vertical)
Supplemental Mandatory Design Exception Fact Sheet (If Required)
Supplemental Advisory Design Exception Fact Sheet (If Required)
Subtotal
Roundabout GAD Support
Roundabout Placements and Roadway Alignment
Preliminary Roundabouts Corridor Impacts
Ultimate Horizontal Roundabout Layouts
Truck I Design Vehicles
Roundabout Striping Design
Roundabout Signing Design and Report
Pedestrian I Cyclist Design
Sight Distances
Design Check Exhibits
GADs Final Review and Support
Subtotal
Grand Subtotal
1OF2 31
Estimated Estimated ··-~· ··---u_, ____ ,._._ ____
1 12
0 0
1 8
1 8
1 8
1 32
0 0
1 20
1 20
1 20
4 40
3 32
4 12
4 12
4 12
1 48
1 60
1 10
5 12
1 198
5 6
5 6
1 16
1 40
1 40
1 0
1 0
1 0
1 0
1 0
1 16
1 0
1 0
1 0
1 340
1 16
1 16
5 6
5 28
5 32
5 4
5 4
5 4
5 3
5 2
5 2
5 3
4/11/2014
Hours Budget
12 $1,251
0 $0
8 $834
8 $834
8 $834
32 $3,335
0 $0
20 $2,085
20 $2,085
20 $2,085
160 $16,677
96 $10,006
48 $5,003
48 $5,003
48 $5,003
48 $5,003
60 $6,254
636 $66,289
10 $1,750
60 $10,500
198 $20,265
30 $5,250
30 $5,250
328 $43,015
964 $109,304
16 $1,668
40 $4,169
40 $4, 169
96 $10,006
0 $0
0 $0
0 $0
0 $0
0 $0
0 $0
16 $1,668
0 $0
0 $0
0 $0
0 $0
340 $35,438
16 $1,668
16 $1,668
372 $38,773
30 $5,250
140 $24,500
160 $28,000
20 $3,500
20 $3,500
20 $3,500
15 $2,625
10 $1,750
10 $1,750
15 $2,625
440 $77,000
812 $115,773
RCTC_Roundabout-Railroad_04.11.2014_R-1 1-15/Railroad Canyon Road
FEE PROPOSAL -ROUNDABOUT ALTERNATIVE
PROJECT APPROVAUENVIRONMENTAL DOCUMENT (PA/ED)
TASK Estimated Estimated
10. Intersection Control Evaluation (ICE) Report Update
11. Update Preliminary Material Report to Current Standards
12. Update Preliminary Geotechnical Design Report to Current Standards
13. Draft Project Report (DPR)
a. Safety Analysis and Traffic Accident Data
b. Preliminary Construction Cost Estimate
c. STIA Data Incorporation -Alternative 4
d. GADs and Fact Sheet Incorporation -Alternative 4
Subtotal
14. Final Project Report (FPR)
15. Project Management/Administration/Meetings/Public Outreach
Project Management/Administration/Meeting
Public Outreach Program and Information Data
Subtotal
Roundabout Meeting, Public Outreach and Support
Coordination
In-Person Team Meeting (6) (Assume 4 mtg overlap with public Mtgs)
Public Workshops I Presentation (6 total)
Develop Power Point Presentation
Grading Parameters and Landscape Report
Lighting Design Recommendations
Construction Material Recommendations
Preliminary Vertical Design Recommendations/Assistance
Color Images I Static Rendering (4 total)
Animation of Rendering with Vehicular Motion/ 3D Animation Static Viewpoint
Roundabout Brochure -How to Drive Railroad Canyon Road Roundabout I Rendering
Roundabout Safety Brochure I Rendering of Brochure
Internet Web Site Development I Maintenance
Subtotal
Grand Subtotal
Subtotal (Engineering Services)
Environmental Services
Environmental Project Management
1.0 Project Re-Initiation
2.0 Project Management/Meetings/Administration
Subtotal
Environmental Technical Studies
3.1 Air Quality Report (AQR)/Air Quality Conformity Analysis (AQCA)
3.2 Noise Study Report (NSR)
3.3 Noise Abatement Decision Report (NADR)
3.4 Community Impact Analysis (CIA)
3.5 Natural Environmental Study
3.6 Visual Impact Assessment (Alternative 4)
3.6 Visual Impact Assessment (Update to Current Template, If required)
3.7 Relocation Impact Memorandum
3.8 Initial Site Assessment
3.9 Supplemental Historic Property Survey Report
Subtotal
Draft Environmental Document (Initial Study/Environmental Assessment (IS/EA)
4.0 Update 2nd Administrative Draft IS/EA
5.0 Prepare IS/EA for Circulate
Subtotal
Final Environmental Document
6.0 Public Review/Hearing
6. 1 Public Review Displays/Exhibits/Handouts
7.0 Prepare Record of Public Hearing/Draft Response to Comments
8.0 Draft MND/FONSI
9.0 Final ND/FONSI
10.0 Environmental Commitments Records
Subtotal
Subtotal (Environmental Services)
TOTAL
20F 2 32
I••-~1 ••---""•m
1 80
1 0
1 0
1 12
1 80
1 40
1 60
1 0
1 200
1 80
1 42
1 42
1 102
1 16
1 19.0
1 13.0
1 5
1 12
1 16
1 12
1 10
1 12
1 16
1 0
1 132
1 14
1 21
1 6
1 84
1 82
1
1
1 0
1
1 54
1 100
1 0
1 0
1 14
1 80
1 0
1 0
1 0
4/11/2014
Hours Budget
80 $8,338
0 $0
0 $0
12 $1,251
80 $8,338
40 $4, 169
60 $6,254
192 $20,012
0 $0
200 $20,846
80 $8,338
280 $29,184
42 $6,873
42 $13,527
102 $17,850
16 $2,800
19 $3,325
13 $2,275
5 $875
12 $2,100
16 $7,800
12 $8,350
10 $4,250
12 $4,600
16 $7,800
317 $82,425
597 $111,609
2757 $376,710
0 $0
132 $13, 160
132 $13,160
14 $1,920
21 $2,600
6 $800
84 $5,510
82 $11,000
$22,350
$22,440
$0
$14,700
$5,060
207 $86,380
100 $13,560
0 $0
100 $13,560
0 $0
14 $1,459
80 $8,740
0 $0
0 $0
0 $0
94 $10,199
533 $123,299
3,290 $500,009
RCTC_Roundabout-Railroad_04.11.2014_R-1 SC ENGINEERING 411112014
COMPANY: ISCOPE OF WORK DATE REVISION
SC Enaineerina PA/ED -Roundabout Alterantive 4 Aoril 11, 2014
PROJECT: MILESTONE/PHASE/PROJECT SUMMARY:
1-15/Railroad Canvon Rd lnterchanr;ie & 1-15/Franklin Ave lnterchanae
DIRECT LABOR
PERSONNEL I FUNCTION I HOURS RATE I AMOUNT
S. Chavez Project Manager 169 $63.00 $10,647 10%
D. Ginn/Staff Senior Civil Engineer 202 $50.50 $10,201 12%
J. Davis/Staff Senior Civil Engineer 253 $47.50 $12,018 15%
Staff Civil Engineer 422 $42.00 $17,724 25%
Staff GADD Operator/Technician 556 $31.00 $17,236 33%
Staff Bridge Engineer 0 $0.00 $0 0%
Staff Landscape Architect 0 $0.00 $0 0%
Staff Administrative/Project Control! 84 $27.00 $2,268 5%
100%
TOTAL HOURS I 1,686 $70,094 I
1,686
OVERHEAD RA TE
OVERHEAD (1.45)
TOTAL OVERHEAD $101,636 I
OTHER DIRECT COST
ITEM I QUANTITY I UNIT UNITCOST I AMOUNT
REPRODUCTION LS $0.00 $0
PUBLIC OUTREACH DISPLAYS 1 LS $1,000.00 $1,000
COURT REPORT (PUBLIC HEARING) LS $0.00 $0
SPANISH TRANSLATION LS $0.00 $0
TRAFFIC COUNTS @ FRANKLIN ST EA $0.00 $0
NEWPAPER NOTICES (Estimate 3) 3 EA $1,000.00 $3,000
TOTAL OTHER DIRECT EXPENSES $4,000 I
SUBCONSUL TANT'S COST
COMPANY I HOURS I AMOUNT
LSA Associates 519 $121,840
RTE Engineering 1,085 $202,440
TOTAL SUBCONSULTANT'S COST $324,280 I
FEES
I
FIXED FEE 0% $0.00 I
TOTAL FEE $0 I
REMAINING BUDGET I
TOTAL PROJECT cosTI $500,009 I
33
PROPOSAL
INITIAL STUDY/ENVIRONMENTAL ASSESSMENT (IS/EA)
AND
ENVIRONMENTAL SERVICES
I-15/RAILROAD CANYON ROAD INTERCHANGE PROJECT
Prepared by:
LSA Associates, Inc.
1500 Iowa Avenue, Suite 200
Riverside, California 92507
(951) 781-9310
LS A
April IO, '4014
34
LSA ASSOCIATES, INC.
APRIL 1014
PROPOSAL
INITIAL STUDY/ENVIRONMENTAL ASSESSMENT AND ENVIRONMENTAL SERVICES
I-15/RAILROAD CANYON INTER.CHANGE PROJECT
SCOPE OF WORK
INTRODUCTION
The Riverside County Transportation Commission (RCTC) in coordination with the City of Lake
Elsinore (City) and the California Department of Transportation (Caltrans) is seeking to complete the
Project Approval/Environmental Documentation (PA/ED) phase of work for proposed improvements
to the 1-15/Railroad Canyon interchange.
Under a previous contract, LSA Associates, Inc. (LSA) prepared received concurrence on multiple
technical reports for the 1-15/Railroad Canyon interchange project. These technical reports consist of
the following:
Air Quality Analysis. LSA prepared an Air Quality Analysis for the project in accordance with the
guidelines and requirements (as of December 1, 2008) on the Caltrans SER Web site. In addition to the
Air Quality Analysis, LSA prepared the "Conformity Analysis Documentation (Conformity Checklist
and Conformity Report) for Project-Level Conformity Determinations in Metropolitan
Nonattainment/Maintenance Areas" required for NEPA delegation. The Air Quality Analysis received
concurrence from Caltrans on April 19, 2010.
Noise Study Report (NSR). LSA prepare a Noise Study Report consistent with the Caltrans Noise
Analysis Protocol (August 2006) and Technical Noise Supplement (TeNS) to address traffic noise
impacts on noise-sensitive land uses such as existing and future approved residential areas located
within the study area for the 1-15/Railroad Canyon Road Interchange. The Noise Study Report
received concurrence from Cal trans on February 10, 2011.
Biological Natural Environment Study (NES). LSA prepared an NES that included a description of
the field methods used and the results of the biological assessment of the project area. This included
burrowing owl surveys, riparian bird surveys, and a jurisdictional delineation. The NES prepared for
the proposed project received concurrence from Caltrans on November 24, 2010.
Visual Impact Assessment. LSA prepared a Visual Impact Assessment (VIA) that evaluated the
visual/aesthetic compatibility of the proposed project with the surrounding area. The VIA received
concurrence from Caltrans on October 5, 2010.
Relocation Impact Memorandum. LSA prepared a Relocation Impact Memorandum (RIM) for the
proposed project. The RIM received concurrence from Caltrans on April 14, 2010.
Community Impact Assessment. LSA prepared a Community Impact Assessment (CIA) that
identified the project's community impacts on neighborhoods, businesses, and minority and low-
income populations. The CIA received concurrence from Caltrans on December 29, 2010.
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35
1
LSA ASSOCIATES, INC.
APRIL 2014.
PROPOSAL
INITIAL STUDY/ENVIRONMENTAL ASSESSMENT AND ENVIRONMENTAL SERVICES
I-IS/RAILROAD CANYON INTERCHANGE PROJECT
Paleontological Identification Report. LSA prepared a Paleontological Identification Report (PIR),
consistent with Caltrans SER (December 1, 2008), Environmental Handbook, Volume I, Chapter 8, to
address the potential for paleontological resources to occur within the anticipated disturbance limits for the
1-15/Railroad Canyon Road Interchange project. The PIR was approved by Caltrans in April 2010.
Hazardous Waste Initial Site Assessment. The Initial Site Assessment (ISA) prepared for the project
and received Caltrans concurrence on November 16, 2010.
Historic Property Survey Report. LSA prepared a Historic Property Survey Report (HPSR) for the
project and received Caltrans approval on June 30, 2011.
PROJECT HISTORY
As a result of funding constraints, the City issued a Stop Work Notice on the PA/ED activities to SC
Engineering and LSA on January 12, 2011. At that time, LSA was in the process of completing the
remaining technical studies (cultural resources and Noise Abatement Decision Report) and preparing
an Initial Study/Environmental Assessment (IS/EA) based on the technical reports prepared for the
proposed project. As a result, the IS/EA was still in its draft phase. The 1-15/Railroad Canyon Road
Interchange project was resumed under management by RCTC in coordination with the City in May
2011. The remaining outstanding technical studies (NADR and Cultural) were completed and
approved in August and September 2011.
An Administrative Draft IS/EA was submitted to Caltrans and the PDT for review in August 2011.
LSA was in the process of preparing the 2nd Administrative Draft IS/EA with a focus on revisions
involving supplemental work on the CIA to incorporate limited 2010 census data, additional
VHTNMT modeling, C02 modeling analysis, and changes to the climate change section based on
comments received from Caltrans. A revised C02 modeling analysis and revised Climate Change
IS/EA section was submitted to Caltrans and the PDT for review in February 2011 with the anticipated
submittal date of the fully revised 2°ct Administrative Draft IS/EA set to occur once these revised
analysis were reviewed and approved by Cal trans and the PDT. As a result of funding constraints, the
City once again submitted a Stop Work Notice on the PA/ED activities to SC Engineering and LSA on
April 1, 2012.
In June 2013, Caltrans issued a letter identifying the remaining tasks required to obtain PA/ED for the
1-15/Railroad Canyon Interchange Project. These tasks included updates to various technical reports
and revisions to the original IS/EA based on these updates. A PDT meeting was held on June 26, 2013
to discuss the work needed to update the technical studies and the draft environmental document. The
direction from the PDT is reflected in the scope of services provided below. Although the project may
be phased for construction depending upon the availability of funding, the analysis of the project in the
technical studies and the environmental document is based upon it being constructed as a single
project.
In February 2014, a meeting was held at the City of Lake Elsinore with Caltrans, City, RCTC, FHWA
and SC Engineering staff. At the conclusion of the meeting, it was recommended by FHW A and
Caltrans District 8 and Headquarters (HQ) Intersection Control Evaluation (ICE) Coordinator that the
roundabouts along Railroad Canyon Road be further investigated as an alternative in the Project
Approval/Environmental Document (PA/ED) process. At the March 2014 PDT meeting, it was agreed
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36
LSA ASSOCIATES, INC.
APRIL 2014
PROPOSAL
INITIAL STUDY/ENVIRONMENTAL ASSESSMENT AND ENVIRONMENTAL SERVICES
I-IS/RAILROAD CANYON INTER.CHANGE PROJECT
to include Alternative 4 as part of the PA/ED process. Alternative 1 (No Built), Alternative 2
(Northbound Hook Ramps to Grape Street) and Alternative 3 (Northbound Hook Ramps to Grape
Street and Southbound Hook Ramps to Casino Drive) will continue to be included in the PA/ED
process.
WORK PROGRAM FOR INITIAL STUDY/ENVIRONMENTAL ASSESSMENT
This proposal addresses LSA Associates, Inc.'s (LSA) Contract Modification Request for the project.
The services included in this contract modification request are not included in the original scope and
budget included in the LSA's contract with SC Engineering dated January 6, 2014. As described in
detail below, this request covers the cost of additional services requested by the PDT to incorporate
additional information and analysis associated with the new Alternative 4 (Roundabout Option) for the
proposed project.
The tasks identified below outline the work program for environmental clearance of the project under
both CEQA and NEPA. The level of effort is based on (1) preparation of an Initial Study/
Environmental Assessment (IS/EA) leading to a Mitigated Negative Declaration/Finding of No
Significant Impact (MND/FONSI), (2) a schedule of up to 24 months to complete the project, and the
inclusion of Alternative 4 in addition to the original evaluation of up two Build Alternatives and the
No Build condition in the PA/ED phase. Should circumstances arise that indicate the need for a
higher-level environmental document (i.e., an Environmental Impact Report/Environmental Impact
Statement [EIR/EIS]) or an extension of the project schedule beyond two years, the scope of work and
budget would need to be revised accordingly.
All documentation will be prepared pursuant to the Caltrans Project Development Procedures and
Workflow Tasks Manuals (including the PR Guidelines), and the Caltrans Standard Environmental
Reference (SER) Web page as of March 18, 2014 (including the annotated IS/EA template dated
August 2013). If, after the first drafts of these documents are completed, substantial effort is required
to comply with new revisions to Caltrans guidelines for the technical studies or the IS/EA, the scope
and budget may need to be modified accordingly.
Task 1.0: Project Re-initiation
The scope and budget for Task 1.0 as specified in the July 10, 2013 Proposal to complete Initial
Study/Environmental Assessment (IS/EA) and Environmental Services for the I-15/Railroad Canyon
Road Interchange project is adequate. No new additional work under Task 1.0 is anticipated for the
inclusion of the additional alternative (Alternative 4) as part of the project.
Task 2.0: Project Management/Meetings
In addition to project management, this task includes ongoing project team coordination and
attendance at up to an additional 6 Project Development Team (PDT) meetings (assuming LSA will be
required to attend every monthly PDT meeting for the 24-month schedule) or other meetings.
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37
LSA ASSOCIATES, INC.
APRIL 2014
PROPOSAL
INITIAL STUDY/ENVIRONMENTAL ASSESSMENT AND ENVIRONMENTAL SERVICES
I-IS/RAILROAD CANYON INTERCHANGE PROJECT
Task 3.0: Updates to Environmental Technical Studies
Unless otherwise noted, this scope and budget are based on three rounds of Caltrans review for the
draft revised technical studies. The first round of review is for major comments, and the second and
third rounds are for minor cleanup comments (no new comments requiring substantial revisions). The
first submittal includes a "5 day completeness review submittal" to enable Caltrans to review the report
to ensure it provides the basic information required per the SER, prior to submitting the first draft
reports for full review. If the concept plans for the project are revised after the analysis for the
technical studies is complete, new analysis based on the revised plans may be required, and the scope
and budget may need to be modified accordingly.
Task 3.1 Air Quality Report (AQR) and Air Quality Conformity Analysis (AQCA). CONSULTANT
prepared an Air Quality Report and Air Quality Confonnity Analysis for the proposed project. The
AQR and AQCA received concurrence from Caltrans on April 19, 2010.
Based on the March 2014 PDT meeting, LSA will evaluate an additional alternative (Alternative 4) in
the updated Air Quality Assessment Report (AQAR) and Air Quality Conformity Analysis (AQCA)
specified in the January 6, 2014 contract to complete Initial Study/Environmental Assessment (IS/EA)
and Environmental Services for the 1-15/Railroad Canyon Road Interchange project.
Task 3.2 Noise Study Report (NSR). CONSULTANT prepared a Noise Study Report (NSR)for the
proposed project. The NSR received concurrence from Caltrans on February JO, 2011.
Based on the March 2014 PDT meeting, LSA will evaluate an additional alternative (Alternative 4) in
the updated Noise Study Report (NSR) specified in the January 6, 2014 contract to complete the Initial
Study/Environmental Assessment (IS/EA) and Environmental Services for the 1-15/Railroad Canyon
Road Interchange project.
Task 3.3 Noise Abatement Decision Report (NADR). CONSULTANT prepared a Noise Abatement
Decision Report (NADR) for the proposed project.
Based on the March 2014 PDT meeting, LSA will evaluate an additional alternative (Alternative 4) in
the updated Noise Abatement Decision Report (NADR) specified in the January 6, 2014 contract to
complete Initial Study/Environmental Assessment (IS/EA) and Environmental Services for the 1-
15/Railroad Canyon Road Interchange project.
Task 3.4 Community Impact Assessment. CONSULTANT prepared a Community Impact Assessment
(CIA) that identified the project's community impacts on neighborhoods, businesses, and minority and
low-income populations. The CIA received concurrence from Caltrans on December 29, 2010. In
addition, a supplemental memo documenting limited 2010 Census updates was prepared and
submitted to Caltrans in December 2011.
Based on the March 2014 PDT meeting, LSA will evaluate an additional alternative (Alternative 4) in
the updated Community Impact Assessment (CIA) specified in the January 6, 2014 contract to
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38
LSA ASSOCIATES, INC.
APRIL 2.014
PROPOSAL
INITIAL STUDY/ENVIRONMENTAL ASSESSMENT AND ENVIRONMENTAL SERVICES
I-IS/RAILROAD CANYON INTERCHANGE PROJECT
complete Initial Study/Environmental Assessment (IS/EA) and Environmental Services for the 1-
15/Railroad Canyon Road Interchange project.
Task 3.5 Biological Natural Environment Study (NES). CONSULTANT prepared a Biological
Natural Environment Study (NES)for the proposed project. The NES received concurrence from
Caltrans on November 24, 2010.
The Natural Environment Study (NES) dated August 2010, and associated studies (Determination of
Biological Equivalent or Superior Preservation (DBESP) and the Western Riverside County Multiple
Species Habitat Conservation Plan (MSHCP) Consistency Analysis) will be updated to include
Alternative 4. The Biological Study Area in the 2010 NES encompasses the majority of Alternative 4
with exception to a small area south of the intersection of Diamond Drive and E. Lake Elsinore
Drive/Mission Trail. A field visit will be conducted of this additional area, and vegetation and land
uses will be mapped and habitat for sensitive species and other biological resources will be assessed.
Based on a preliminary aerial photograph review, no additional focused biological studies are
anticipated to be required.
The database records search for Federal and State lists of sensitive species will be updated via review
of the California Natural Diversity Data Base (CNDDB) (California Department of Fish and Wildlife
[CDFW], 2014) and the California Native Plant Society's Electronic Inventory of Rare and
Endangered Vascular Plants of California (Skinner, et al., 2014). The project description and graphics
will also be revised to address Alternative 4.
Task 3.6 Visual Impact Assessment (VIA). CONSULTANT prepared a Visual Impact Assessment
(VIA) for the proposed project. The VIA received concurrence from Caltrans on October 5, 2010.
There is an approved Visual Impact Assessment for the 1-15/Railroad Canyon Road Interchange
Project containing three project alternatives (Alternatives 1, 2 & 3) dated October 2010. Estrada Land
Planning will provide visual assessment services for an additional alternative (Alternative 4). Estrada
Land Planning will prepare a Visual Impact Analysis (VIA) for Alternative 4 using FHW A format and
requirements for submittal to the City, RCTC, and Caltrans. The VIA report will analyze the potential
visual impacts to the project viewsheds, including the existing and proposed visual quality, anticipated
viewer response to changes; selection of representative key views, simulating the appearance of the
project features and preparation of mitigation or offset measures for potential impacts in conformance
with FHW A standards. The analysis will be based on the proposed grading, construction and
landscape plans provided by the LSA. The VIA simulations of proposed views will be based on the
mitigation measures developed as part of the VIA. Following is the scope of services for the VIA
Initial Meeting. Estrada Land Planning will meet with the project team to discuss the project goals,
design options, schedule, special issues or site constraints, obtain base information, and obtain input
for key viewpoints and report formatting.
Site Inventory/Field Verification. Estrada Land Planning will conduct a site visit to obtain a general
understanding of the project area, establish existing site conditions, analyze the predominant visual
character, determine affected viewsheds, and evaluate key viewpoints. The information will be
documented using digital photographs, field notes and observations. The photographs will be used to
prepare the visual impact assessment and key views.
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39
5
LSA ASSOCIATES, INC.
APRIL 2014
PROPOSAL
INITIAL STUDY/ENVIRONMENTAL ASSESSMENT AND ENVIRONMENTAL SERVICES
1-15/RAILROAD CANYON INTERCHANGE PROJECT
Research Existing Documents. Estrada Land Planning will research applicable plans and public
documents to determine applicable regulations, codes, applicable visual evaluation criteria, and
evidence of the community's relative sensitivity to visual issues.
Key View Selection. Estrada Land Planning will use the ten (l 0) key views used for the approved
VIA. The selected key views will be submitted to the City, RCTC, and Caltrans for review and
approval prior to proceeding with the visual simulations. OPTIONAL: Two (2) more key views may
be selected based on input from the project team and Caltrans.
Visual Simulations. Up to two (2) visual simulations for the alternative, consisting of existing and
proposed key views, will be prepared for inclusion in the Visual Impact Assessment submittal. The key
viewpoints, as determined by the project team, and confirmed by the City, RCTC, and Caltrans will be
used in preparing the visual simulations. The simulations will consist of single frame "still" views. A
digital terrain model (DTM) will be prepared from 3d AutoCAD data provided by the engineer as a
basis for the simulations. Up to 5 color copies and a digital file of the Proposed Key View simulations
with a brief description of reasons for selection will be provided. OPTIONAL: Two (2) more
simulations for the alternative may be selected based on input from the project team and Caltrans.
Draft Visual Impact Assessment. A Draft Visual Impact Assessment (VIA) will be prepared for this
project in accordance with the objectives and methods described in the CEQA requirements, and
Visual Impact Assessment for Highway Projects (FHW A 1981 ), using the current Cal trans boilerplate
format for "Draft Visual Impact Assessment" submittal. The objectives of the Visual Impact
Assessment will be to analyze the project impacts on visual resources including how the proposed
construction will fit into the visual contexts of the existing landscape and community visual quality.
The assessment will describe the existing visual characteristics and significant visual resources of the
area to be affected by the project construction. Simulations of the representative key views will be
prepared and analyzed to determine qualitative effects and impacts on the visual environment.
Mitigation measures will be recommended to reduce significant impacts. The analysis will be
assembled in booklet form, combining text, existing photos, visual simulations and concepts. The
Draft Visual Impact Assessment will be provided for review by LSA and RCTC as a PDF file prior to
submittal to Caltrans and the draft will be modified by Estrada Land Planning. One submittal and
revision to the Draft Visual Impact Assessment is included before finalizing the draft document for
submittal to Caltrans.
Final VIA. Estrada Land Planning will make appropriate revisions to the VIA and simulations based
on comments provided by the City, RCTC, or Caltrans. Two revisions to the Draft Final Visual Impact
Assessment are included before finalizing the document. Up to 5 color copies of the Final Visual
Assessment and a .PDF electronic file will be provided.
Meetings: Up to two meetings with the City, RCTC, Caltrans, or project team will be provided during
the Visual Impact Assessment phase.
Optional Task:
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40
LSA ASSOCIATES, INC.
APRIL 2014
PROPOSAL
INITIAL STUDY/ENVIRONMENTAL ASSESSMENT AND ENVIRONMENTAL SERVICES
I-IS/RAILROAD CANYON INTERCHANGE PROJECT
Update Approved VIA to Current Guidelines: If directed by the project team to use the new VIA
template, Estrada Land Planning will format and edit the approved Visual Impact Analysis (VIA) to
meet the new FHWA guidelines/methodology, with the inclusion of Alternative 4, for submittal to the
City, RCTC, and Caltrans.
Task 3.7 Relocation Impact Memorandum (RIM). CONSULTANT prepared a Relocation Impact
Memorandum (RIM) for the proposed project. The NSR received concurrence from Caltrans on April
14, 2010.
LSA will update the Relocation Impact Memorandum (RIM) to include the new build alternative
(Alternative 4) based on updated right of way information provided by SC Engineering. The budget to
prepare the revised RIM ($1,200) would be covered by the budget originally identified as part of Task
3.5 (Supplemental Technical Memoranda) in the January 6, 2014 contract.
Task 3.8 Hazardous Waste Initial Site Assessment (ISA). Leighton Consulting prepared an
Hazardous Waste Initial Site Assessment (ISA) for the proposed project. The ISA received concurrence
from Caltrans on November 16, 2010.
The project originally anticipated full or partial acquisition of 108 parcels within the project footprint.
However the addition of a new build alternative (Alternative 4) with roundabout intersections has
extended the project area to include an additional five (5) parcels for full or partial takes. In addition,
due to the age of the ISA, Caltrans has requested an updated ISA to current standards and inclusion of
the additional five parcels. The new ASTM standard for Phase I ESAs, ASTM E1527-13, has recently
taken effect and Leighton Consulting will update the existing ISA to this standard and any new
standards promulgated by Caltrans since the time of the final ISA report.
Leighton will approach this project by performing an update to our 2010 corridor ISA of the portion of
each of the 108 parcels anticipated to be acquired through the easements in accordance with ASTM
El527-13 Standard and include new assessments to include the five additional parcels included for full
or partial takes. The assessment will be restricted to the anticipated easement portions of the parcels
and will not include assessments of the full parcels involved, other than to assess the nature of
adjoining land as described by the ASTM standard.
If structures are encountered within the easement during our ISA, recommendations will be provided
on the need for hazardous materials surveys, which may include recommended surveys for asbestos,
lead-based paint, and other hazardous substances that might be present. These services can be provided
for additional fees based on the nature, age, and square footage of the structures identified during the
ISA. The proposed study consists of the following components:
• Updated Records Review.
•Updated review of site history for the years between 2010 report and the current assessment.
• Current Site Reconnaissance.
•Full ASTM Standard E1527-13 assessment for the five additional parcels associated with the project
area expansion.
•Updated ISA Report to ASTM Standard E1527-13.
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7
LSA ASSOCIATES, INC.
APRIL 2014
PROPOSAL
INITIAL STUDY/ENVIRONMENTAL ASSESSMENT AND ENVIRONMENTAL SERVICES
1-15/RAILROAD CANYON INTERCHANGE PROJECT
Leighton Consulting will prepare a single comprehensive report in draft and final form. Leighton
Consulting will submit a total of three hard copies one electronic copy on CD ROM of the draft and
final reports to Caltrans. Additional iterations of report preparation and additional hard copy reports
and electronic CD ROMs can be provided for an additional fee.
Task 3.9 Historic Property Survey Report (HPSR). CONSULTANT prepared a Historic Property
Survey Report (HPSR)for the project and received Caltrans approval on June 30, 2011.
A supplemental HPSR is now required by Caltrans to address current changes to the project
engineering that have necessitated a revision of the Area of Potential Effects (APE) map. Based on
current coordination with Caltrans, LSA understands that no supplemental records search or
Archaeological Survey Report (ASR) will be required, and that no additional Native American
consultation will be conducted by Caltrans that requires documentation.
LSA will coordinate one iteration of the revised APE Map with the project engineer for submission to
Caltrans. Coordination is not anticipated to take more than one day (8 hours). No substantive
comments are anticipated from Caltrans.
Based upon coordination with Caltrans, a supplemental HPSR will be prepared that incorporates a
detailed, revised project description provided by SC Engineering and includes the revised APE map as
an attachment. The format of the Supplemental HPSR will be consistent with Caltrans guidelines as
indicated in the Caltrans SER. LSA will provide an electronic version of the draft report to the PDT
and four hard copies to Caltrans for review. Four hardcopies of the final report will be provided to
Caltrans, and a pdf of the final report will be forwarded to the PDT.
Task 4.0: Update Second Administrative Draft IS/EA
Based on the March 2014 PDT meeting, LSA will evaluate an additional alternative (Alternative 4) in
the updated Second Administrative Draft IS/EA as specified in the January 6, 2014 contract to
complete Initial Study/Environmental Assessment (IS/EA) and Environmental Services for the 1-
15/Railroad Canyon Road Interchange project. The Draft IS/EA will be updated to use the IS/EA
Annotated Outline dated August 13, 2013, as currently posted on the SER website.
Task 5.0: Prepare Draft IS/EA for Approval to Circulate (One Copy for Signature)
The scope and budget for Task 5.0 as specified in the January 6, 2014 contract to complete Initial
Study/Environmental Assessment (IS/EA) and Environmental Services for the 1-15/Railroad Canyon
Road Interchange project is adequate. No new additional work under Task 5.0 is anticipated for the
inclusion of the additional alternative (Alternative 4) in the updated Draft IS/EA.
Task 6.0: Public Review
The scope and budget for Task 6.0 as specified in the January 6, 2014 contract to complete Initial
Study/Environmental Assessment (IS/EA) and Environmental Services for the 1-15/Railroad Canyon
L:\PROPOSAL\ZZZ366Jl -115_RRCR IC Env\PAED Scope and Budget 04_10_14.doc
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8
LSA ASSOCIATES, INC.
APRIL 2.014
PROPOSAL
INITIAL STUDY/ENVIRONMENTAL ASSESSMENT AND ENVIRONMENTAL SERVICES
I-15/RAILROAD CANYON INTERCHANGE PROJECT
Road Interchange project is adequate. No new additional work under Task 6.0 is anticipated for the
inclusion of the additional alternative (Alternative 4 ).
Task 7.0: Prepare Draft Response to Comments
The Draft Response to Comments will be prepared for submittal to the PDT (SC Engineering, RCTC,
the City, and Caltrans) (up to 15 copies) for review and comment. The Draft Response to Comments
will be revised per the PDT' s comments and submitted to Caltrans for approval. LSA will prepare
responses for its areas of responsibility and will coordinate with SC Engineering, RCTC, the City, and
Caltrans to prepare responses for their respective areas of responsibility. With the inclusion of a new
build alternative (Alternative 4) to the Draft IS/EA, an additional 40 LSA staff hours would be
required to complete this task.
Task 8.0: Prepare Draft MND/FONSI
The scope and budget for Task 8.0 as specified in the January 6, 2014 contract to complete Initial
Study/Environmental Assessment (IS/EA) and Environmental Services for the 1-15/Railroad Canyon
Road Interchange project is adequate. No new additional work under Task 8.0 is anticipated for the
inclusion of the additional alternative (Alternative 4) for the preparation of the Draft MND/FONSI.
Task 9.0: Prepare Final MND/FONSI
The scope and budget for Task 9.0 as specified in the January 6, 2014 contract to complete Initial
Study/Environmental Assessment (IS/EA) and Environmental Services for the 1-15/Railroad Canyon
Road Interchange project is adequate. No new additional work under Task 9.0 is anticipated for the
inclusion of the additional alternative (Alternative 4) in the Final MND/FONSI.
Task 10.0: Environmental Commitments Record
The scope and budget for Task 10.0 as specified in the January 6, 2014 contract to complete Initial
Study/Environmental Assessment (IS/EA) and Environmental Services for the 1-15/Railroad Canyon
Road Interchange project is adequate. No new additional work under Task 10.0 is anticipated for the
inclusion of the additional alternative (Alternative 4) in the Environmental Commitments Record.
ESTIMATED BUDGET
LSA estimates the total cost of the work required to be $99,400 (without optional tasks) and $121,840
(with optional tasks) based on the scope of services described above. When the $99,400.00 (without
optional tasks) for this contract amendment request is added to the currently authorized budget of
$228,540.00, the new total budget is $327,940.00 (without optional tasks) or $350,380 (with optional
tasks). LSA will not exceed this amount without prior authorization by SC Engineering and RCTC.
L:\PROPOSAL\ZZZ366Jl -Il5_RRCR IC Env\PAED Scope and Budget 04_10_14.doc
43
9
1·15/ Railroad Canyon Interchange Project PAED Cost Estimate Tasks 1.0 2.0 :u l2 3.3 3.4 3.5 3.6 3.6 3.7 3.8 3.9 4.0 5.0 6.0 7.0 8.0 OT AL HOURS 42 I 16 I 134 I 80 I 5 I 24 I 42 I 52 I 64 I 4 I 463 20 52 OT AL COST $11,340 I $2,640 I $16.o"SCq S8.400 I s1.ooo I $3,ooo I $5,460-J $5,200 I $7,360 I $260 1 -y-$1.6IO $270 $4,200 $660 $7,540 SA LABOR SA REJMBURSIBLES lliUBCONSULTANTS 'OTAL BUDGET ESTIMATE (with optional task) 'OT AL BUDGET EST™A TE (wllhout optional task) 44 87 II I 152 I 104 I 48 I 20 335 $520 $480 $1,030 ~24,320 I sT2,480-.---sf.840 I $1,000 TotJI Cost $13.160 $1,920 $2.600 $800 $5.SLO $11,000 $22,350 $22,440 $0 $14,700 $5,060 $13,560 $0 $0 $8.740 $0 $0 $400 " $121,840 $60,740 $1,610 $59,490 $121,840 $99,400
RTE FINAL Roundabout-Railroad_D4.11.2014_SC-Final 1-15/Railroad Canyon Road
FEE PROPOSAL
ROUNDABOUT ENGINEERING SERVICES
TASK
Section 1: STIA Support
Task 1 Review of Existing Conditions I Plans I Alignments
Task 2 Review of Future Conditions
Task 3 Capacity Analyses (Rodel; 3 Scenarios; AM & PM)
Task 4 Lane Configurations & Hand Calculations
Task 5 Capacity Analysis Technical Summary Report
Review, Analyses (VISSIM/SIDRA), Report Assistance
Subtotal
Section 2: GAD Support
Task 6 Roundabout Placements & Roadway Alignments
Task 7 Preliminary Roundabout Corridor Impacts
Task 8 Ultimate Horizontal Roundabout Layouts
Task 9 Trucks I Design Vehicles
Task 10 Roundabout Striping Design
Task 11 Roundabout Signing Design & Report
Task 12 Pedestrian I Cyclist Design
Task 13 Sight Distances
Task 14 Design Check Exhibits
Task 15 GADs Review & Support
Subtotal
Section : Meeting, Public Outreach, & PA/ED Support
Task 16 Coordination
Task 17 In-Person Team Meeting (6) (Assume 4 Mtg Overlap w/Public Mtgs)
Task 18 Public Workshops I Presentations (6)
-Develop PP Presentation (assumed similar PP each mtg)
Task 19 Grading Parameters & Landscaping Report
Task 20 Lighting Design Recommendations
Task 21 Construction Materials Recommendations
Task 22 Preliminary Vertical Design Recommendations/Assistance
Task 23 Coordination/Meetings (Jacobs)
Task 24 Color Images I Static Rendering (4 total)
Static Renderings (Melton Design Group -sub)
Task 25 Animation of Rendering with Vehicular Motion
3D Animation Static Viewpoint (Melton Design Group -sub)
Task 26 How to Drive Railroad Canyon Road Roundabouts Brochure
Rendering Brochure (Melton Design Group -sub)
Task 27 Roundabout Safety Brochure (6 page pamphlet)
Rendering Brochure (Melton Design Group -sub)
Task 28 Project Website Development
Website Development (Forrest Hutton -sub)
Subtotal
TOTAL
1 OF2
45
Estimated Estimated
No. of Items Hours/Item
5 1
5 1
5 12
5 6
5 6
1 198
16
5 6
5 28
5 32
5 4
5 4
5 4
5 3
5 2
5 2
5 3
50
1 24
1 42
1 102
1 16
1 19
1 13
1 5
1 12
1 18
1 16
1 12
1 10
1 12
1 16
14
4/11/2014
Hours Budget FIRM
5 $875 RTE
5 $875 RTE
60 $10,500 RTE
30 $5,250 RTE
30 $5,250 RTE
198 $20,265 Jacobs
328 $43,015 RTE+Jacobs
30 $5,250 RTE
140 $24,500 RTE
160 $28,000 RTE
20 $3,500 RTE
20 $3,500 RTE
20 $3,500 RTE
15 $2,625 RTE
10 $1,750 RTE
10 $1,750 RTE
15 $2,625 RTE
440 $77,000 RTE
24 $4,200 RTE
42 $13,527 RTE
102 $17,850 RTE
16 $2,800 RTE
19 $3,325 RTE
13 $2,275 RTE
5 $875 RTE
12 $2, 100 RTE
18 $2,673 Jacobs
16 $2,800 RTE
$5,000 MDG
12 $2,100 RTE
$6,250 MDG
10 $1,750 RTE
$2,500 MDG
12 $2,100 RTE
$2,500 MDG
16 $2,800 RTE
$5,000 FH
317 $82,425 RTE+Subs
1,085 $202,440 RTE+Subs
ID :TaskName ..... ~ ..... )Task.~ -_su~~!.~mental T~~fflc Impact Analysis (S~A) 2 · Task 1.10-STIA (2013, Opening Year 2019, Failure Year. Update 2040) ·· 3.. Task 1.10 • STIA (Roundabout) ····4 ······· ·· "AiJ"tiicY.ife·vi"'w -,-: "task1.10-UpdatelRev1seSTIA ····if""" Agency STIA Review/Approval 7 · '.Task 2 -Callrans WBS 160 Engineering Studies (PA/ED Phase) ····a ....... ·· ···1so.To 15··ora1,-oeometriC"·Aii·P;ovais·tfoiWings (GA'DSJ'.liildite ""TO .... """ff" """"12"""" 13 ····1·4···· ···1·5··· ~ ~f6cffo.15 Oran GeO!neirlCl\PpfOVa1s·oraWings cGADS):ROUridiibOUtS' Agency Review Update/Revise GAOs Agency 2nd Review 1so.1S.osCOSIEStimat~t1veS 160 15.10 APprov"a"1 Or F3d sheeiSiGADs NewConnectiO"n'Report 1st Caltrans Review of New"C:Orinedion Report , __ fl-Reviselupdiite' NeV/Corl'1eCiiciil'Rl:iport 2nd Ca It rans Review of New Connection Report Revise/update New Connection Report 3rd Caltrans Review of New Connection Report Rilvis&lupdate New.Connection Report Caltrans Approval NCR/Transmit to FHWA 16015 20 Prepare Draft Project Report 1st Caltrans Review of Draft Project Report Update DraftProjectR9port 2nd Caltrans Review of Draft Project Report Update DfaftProjectRepoit 28 3rd Caltrans Review of Draft Project Report 29 "' . Update O..ilfl PrOjEii:t R&ii0if(2ofa, 2018, and Fa~ure Year) .... 30···· Fin;1I Caltrans RevieW.Ot.Dfiift"PfOjl!ct RePort .... 31· Update Draft Pr0ject RePci"rt (Fiilaf) .. 32 160.1S.25 Approve Draft Project Report ., Task 2A -Public Outreach Program (Roundilbouts) ····3·.r .. Public Outreach Stakeholder/PUlilie Meeting No. 1 ~ Publie Outreach Stakeholder/Public Me&ting "ifo. 2· ·35 Publie Outreach Stakeholder/Public MeetinQ No 3 ··· Yf~": Pubhc Outreach Stakeholder/Publie Meeting No. 4 38 'Task 3 -Caltrans WBS 165to 180 • Environmental Studies (PA/ED Phase) EnvironmentalTechmcalStudies Caltrans cOIT.Pieiilfiess "Ffi!VieW Period 4T Update Environmental Technical Studies & Resubmit to Caltrans •"""4"3 Caltrans Environmental Technical Studies Review 165.25 05 Draft Environmental Document (IS/EA) .. 16S.25.20 Ca)trilns NEPA-QC .ind"'ReYieWS-····45··· Revise Environmental Technical Studies and ED (IS/EA) 165.25.20 2nd Caltrans NEPA QC and Reviews ····4r·· 2nd Revise Environmental Technical Studies and ED (IS/EA) FHWA NCR Review/Approval (Regional) Revise/Update NCR FHWA NCR Revl~w/Approval (Washington DC) Pav,,ment Life Cycle Cost Analysis (LCCA) Slonn Water Data Raporl (SWOR-PA/ED) R•Approval CartransReview/Concurrence 1652525ApprovaltoCirculate 175.0515 Publish and Circulated OED 175.10.35PublicHearing 17515 Respond to Public Comments Callfans ReVieW"01 RespOnse to Comments Revise/Update ED """'ifi ····:·· .... Cilttiiii1"~"NEP'A."QC'COmpiiance•«• ~ 180ApproveFinalPRandEO 63 ~Task4-Caltranswes11isto255PS&E 92 --:-Task 6 -Caltfans WBS 200 Coordinate Uiilities ····99· ··-~task·s~·caifriiiiS·wes··22o·Rigiit'Of'WliY····· Duration 181days 131days: "'"'" ····21fdays· 10days·· Start Finish ~ M0n116/14 Mon.7nl14 M0fi612114 Mon7n114 ··;=-iit"7iiii14··· ··· ·;.;on·a·14114 Tue815114 20days Tue8119/14 · M0n9115/14 191days Monfi/5/14 · MO'ii.1126/15 ····4adaYs .. MOii"5.i5114 ····-;,fon·7,7;;4·· .. .,...... .. 26d¥Ys Moli672H:r -~ 'MO"ii"7d/14 20days Tue7l8/14 Mon814/14 10days" Tue815114 Mon.81iai14 ·2odays TueS/19114 . Mon9/15/14 -~--· ·10-11aYs---tue 1~ · MOnS/11714 St1ay5·······TUe9ii6"i1"4 Mo.ii.9122114 1"Sda"VS· .. TUe718114 20days. "ftieit29i14" ~rdav;-: rue 8)26114 20days Tue912/14 Sdays Tue9/30/14 2od3vii" Tue10nl14 !fiiiiyS. Tue 1114114 1od3ys Tue.11111114 2odiiys Tuii718114 20days Tue816114 -1cidi.Ys ·Tue9/2114 20days "Tue'9i16/14 1odiiys "Ti.ief0/14/14 Mon7128114 Mon8126J14 . ····Mon9!1iff" M0n9129/14 Mon1016114 Mon1113114 Mon11110114 Mon11124/14 MonS/4114 Mon911114 Mon9Ji5J14 Mon10/13114 Mon 10127114 20days Tue10128114 Mon11124114 Sdi!Ys ···tue 117::2"571"4 Mo·n·12111i4 30days. Tue1212f14 . MD·n·1ti"2t1s 5dars Tue1ifaHS···' ·Mon 1i"f911s Sdays Tue1/20/16 Mon11'.26115 265days Mon1114/14 Fri7/17115 6days M0fi7114i14" Mon7i21114 Sdays Mon11117114 ···Fri11i21/14. 5days Mon3/16J15 Fri3120/15 Sdays· Mon?/13115 Fri7117115 422days Mon2124/14 Tue10/6/16 "f36days Mon2124114 Mon911/14 30days · Tiie9/2i14 Mon10/13114 10days Tue 10114114 Mon10/27/14 30days Tue10/28/14 Mon12f8114 20days Tue 1219114 MOn"1/5115··· :otr2,2014 ~,..........,36diy$ Tue11&/1s .--Mo·n-2/1611s"""' 14days Tue2/17/15 20days· Mon3/9/16 14days. Mon4/6/15 45days 5days 45days Fri3/6/1S Fri4f3115 ThU412311& MOn ii26tff Mon212115 20days Tue1/20/15 Mon2116J15 20days Tue2.117115 Mon3/16/16 20days_ Tue1120/15 M"on2116115 20days Tue2117115 M00Ji16i1s 10days. fri4124/15 ThuS/7/15 30days FriS/8115 Thu6.i1a11S 1day Fri6119115 10days Mon6122115 fri713115 ?days Mon716115 Tue?/14115 ··i4days VVed7115/15 Mon813/15 "30"d3'YS' ""'fU9814i1"5 ..... i.·iiiii"9ff4h5 .. f6"days Tue9115115 Tue 10/6115 370 days Wed 1on11s Tue 3n/11 ·486ciays Wed12/9/15 Wed10/18117 48"ifdii'Y'S" 'Wl!d 1'2'i9fi6 ,., ···wei'f.fofiiii1f --;as: Task 1 • Ca1trans WBS 266 Advertise, Open Bids, Award & Approve Contract 122daya· ·,;,u·1011si1?°·· i="ii416118 ···.,.-;5·····; TaSk 8· Caltrans WBS 270 Construct Project Project: 15_Ra•road_PA·ED_04.07.20 Date· Mon 4114114 SC ENGINEERING Task Split Progress Milestone 413days" Mon4/9118 Wed11/6i19 Summary Project Sunwnary PROJECT SCHEDULE M 5/Railroad Canyon Road Interchange Project Approval/Environmental Document (PA/ED} '0tr3,2014 Mo '"" '"'"'"~~'•'A"''"' :·:i ExtemalTasks Deadline ~ EKlernalMilestone + Page 1 46 :otr4,2014 . ., Oct "'' ATTACHMENT 4 ·atr1,2015 08-RIV-15 Reconstruct Interchange EA OA4400 ,,, RCTC/CITY OF LAKE ELSINORE
AGENDA ITEM 10
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: April 28, 2014
TO: Western Riverside County Programs and Projects Committee
FROM: Mark Lancaster, Right of Way Manager
THROUGH: Marlin Feenstra, Project Delivery Director
SUBJECT: Property Conveyance at Pedley Station
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Approve Agreement No. 14-33-104-00 between the Commission and Sergio Hernandez
and Angela Avila, property owner of Assessor's Parcel Number (APN) 165-190-044, for
property conveyances to perfect title at the Pedley Station without any monetary
compensation exchanged between the parties;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute
the agreement on behalf of the Commission; and
3) Forward to the Commission for final action.
BACKGROUND INFORMATION:
The Commission is the owner of the Pedley Station located at 6001 Pedley Road, in the city of
Jurupa Valley, also known as APN 165-185-005. The station opened on June 14, 1993, and is
currently improved with 283 parking spaces, which includes eight motorcycle spaces. Pedley
Station serves 12 daily trains operating through Metrolink's Riverside Line and offers
connecting transit service through Riverside Transit Agency.
Prior to the construction of the station, the Commission attempted to secure a triangular
shaped 3,457 square foot easement from APN 165-190-044 and the property owner at the
time, for a secondary driveway approach in order to provide ingress and egress. The easement
was never recorded and no money was spent on the easement. It cannot be verified if this
easement was ever executed.
In 2006, ownership of APN 165-190-044 changed and the property owner informed the
Commission of an encroachment problem that encumbered the entire unrecorded easement
area. Both parties were working collectively to clear the encroachment problem by providing a
possible solution with a property conveyance agreement. Unfortunately, shortly thereafter,
negotiations stopped after the property owner filed bankruptcy and the property ownership
changed.
Agenda Item 10
47
In October 2013, the new property owners Sergio Hernandez and Angela Avila informed the
Commission of their new ownership of the property, the Commission's encroachment and the
desire to develop the parcel, and negotiations resumed. Staff met with the new property
owners at the site and agreed to have the property surveyed by a licensed surveyor in an effort
to identify an equal land area comparable to the 3,457 square feet easement that is
encroaching on APN 165-190-044. After the survey was completed, both parties agreed to
specific conveyance areas to convey to one another in fee simple interest. The Commission
proposed to provide the property owner 3,457 square feet in fee and, in exchange, the
property owner will grant the fee ownership of the entire area outlined in the 3,457 square feet
easement to the Commission. These conveyance areas will benefit both parties and will shift
the property line only slightly along the southeast corner of the Commission's Pedley Station.
The shift in the property line will require the Commission to relocate two light poles and chain
link fence westerly, remove old asphalt and motorcycle parking, and replace an asphalt curb to
the new right of way line. The loss of motorcycle parking will not affect parking at the Pedley
Station as there is sufficient parking available to meet demand. The costs to cure the site and
move the improvements located thereon are estimated at $20,000.
Financial Information
In Fiscal Year Budget: I Yes Year: I FY 2013/14 Amount: I $ 20,000
Source of Funds: j 1989 Measure A Western County Rail Budget Adjustment: I No
GL/Project Accounting No.: 332402 65520 221 33 65520
Fiscal Procedures Approved: ~~ I Date: I 04/16/2014
Attachment: Agreement for Property Conveyances
Agenda Item 10
48
Agreement No. 14-33-104-00
AGREEMENT FOR PROPERTY CONVEYANCES
BETWEEN THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AND SERGIO HERNANDEZ AND ANGELA AVILA
THIS AGREEMENT FOR PROPERTY CONVEYANCES ("Agreement") is
entered into this __ day of , 2014, by and between the Riverside County
Transportation Commission ("Commission"), a public agency existing under the
authority of the laws of the State of California and Sergio Hernandez and Angela Avila,
Husband and Wife as Joint Tenants ("Hernandez/Avila").
RECITALS
A. Commission owns that certain real property commonly described as the
Pedley Station, bearing Assessor's Parcel Number 165-185-005, in unincorporated
Riverside County ("Station Parcel"). A portion of the Station Parcel is more particularly
described and depicted in Exhibit "A" attached hereto and incorporated herein by
reference ("Commission Swap Property").
B. Hernandez/Avila owns certain adjoining real property, bearing Assessor's
Parcel Number 165-190-044 ("Hernandez/Avila Parcel"). A portion of the
Hernandez/Avila Parcel is more particularly described and depicted in Exhibit "B"
attached hereto and incorporated herein by reference ("Hernandez/Avila Swap
Property").
C. The parties desire to enter into this Agreement in order to provide for
conveyance of the Commission Swap Property to Hernandez/Avila and conveyance of
the Hernandez/Avila Swap Property to the Commission, along with accompanying
easements and other real property interests as provided hereunder.
NOW, THEREFORE, in consideration for the covenants and obligations set forth
below, and for other good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the parties hereby agree as follows:
1. Conveyances of Real Property Interests
(a) Commission Swap Property Commission hereby conveys and
otherwise transfers to Hernandez/Avila the Commission Swap Property pursuant to that
certain grant deed substantially in the form attached hereto as Exhibit "C" and
incorporated herein by reference ("Commission Swap Property Grant Deed").
(b) Hernandez/Avila Swap Property Hernandez/Avila hereby conveys
and otherwise transfers to Commission the Hernandez/Avila Swap Property pursuant
R VPUB\ELB\685253. I
I
49
that certain grant deed substantially in the form attached hereto as Exhibit "D" and
incorporated herein by reference ("Hernandez/Avila Swap Property Grant Deed").
(c) Real Property Interests All of the real property interests, as
described in Section 1 hereof, shall collectively be referred to as "Real Property
Interests" and individually as a "Real Property Interest."
2. Condition of Real Property Interests Both parties hereby accept the
conveyance, delivery and transfer of all of the applicable Real Property Interests, as set
forth herein, in an AS-IS, WHERE-IS CONDITION, WITH ALL FAUL TS. Neither party
makes any representations or warranties of any kind as to the title, condition or use of
the Real Property Interests.
3. Lot Line Adjustments Hernandez/Avila will be responsible for conducting
any lot line adjustments or other City/County requirements (including all processing
fees, permit fees, consultant costs, etc.) to integrate the Commission Swap Property
into the Hernandez/Avila Parcel. Commission will be responsible for conducting any lot
line adjustments or other City/County requirements (including all processing fees,
permit fees, consultant costs, etc.) to integrate the Hernandez/Avila Swap Property into
the Station Parcel.
4. Removal of Facilities by Commission Within 30 days of execution of this
Agreement, Commission will remove existing Commission-owned fencing, light
standards, curb and asphalt from the Commission Swap Property and the
Hernandez/Avila Parcel. Hernandez/Avila hereby grant a right of entry to Commission
onto the Hernandez/Avila Parcel for the removal of such improvements.
5. Representations and Warranties The parties make the following
representations and warranties with respect to the applicable Real Property Interests:
(a) Authority Each party has all requisite power and authority to execute
and deliver and to perform all if its obligations under this Agreement and nothing
prohibits or restricts the right or ability of each party to close the transactions
contemplated hereunder and carry out the terms hereof.
(b) Due Execution, Enforceability This Agreement and all agreements,
instruments and documents herein provided to be executed or to be caused to be
executed by each party are duly authorized, executed and delivered by and are binding
upon each party.
6. Notices Any and all notices required or permitted to be given hereunder
shall be in writing and shall be personally delivered, sent by recognized overnight
delivery service or mailed by certified or registered mail, return receipt requested,
postage prepaid, to the parties at th~ addresses indicated below:
RVPUB\ELB\685253.1
:50
Commission: Executive Director
Riverside County Transportation Commission
4080 Lemon Street, Third Floor
Riverside, CA 92502-2208
Hernandez/ Avila: 5017 Tyrolite Street
Riverside, CA 92509
7. Miscellaneous
(a) Integration This Agreement supersedes all prior agreements and
understandings between the parties to the subject matter hereof. Neither of the parties
has relied upon any oral or written representation or oral or written information given to
it by any representative of the other party.
(b) Binding Effect This Agreement shall bind and inure to the benefit of
the parties, their respective heirs, successors and assigns.
(c) Governing LawNenue This Agreement shall be construed,
interpreted and applied in accordance with the laws of the State of California. Any
litigation or arbitration regarding this Agreement will be brought in Superior Court of
Riverside County, California, or conducted in Riverside County.
(d) Waiver No waiver of any breach or default shall be construed as a
continuing waiver of any provision or as a waiver of any other or subsequent breach of
any provision contained in this Agreement.
(e) Attorneys' Fees In the event of any action or proceeding to enforce
or construe any of the provisions of this Agreement, the prevailing party in any such
action or proceeding shall be entitled to reasonable attorneys' fees and costs.
(f) Counterparts This Agreement may be executed in counterparts and
when so executed by the parties, shall become binding upon them and each such
counterpart will be an original document.
[Signatures Follow on Next Page]
RVPUB\ELB\685253.1
'.51
IN WITNESS WHEREOF, the parties have executed this Agreement in duplicate the
day and year first above written.
RIVERSIDE COUNTY
TRANSPORTATION COMMISSION
By:
Anne Mayer,
Executive Director
APPROVED AS TO FORM:
By:
Best, Best & Krieger
Counsel to the Riverside County
Transportation Commission
RVPUB\ELB\685253.1
452
SERGIO HERNANDEZ AND
ANGELA AVILA
By:----------
Sergio Hernandez
By: _________ _
Angela Avila
RVPUB\ELB\685253.1
EXHIBIT "A"
DESCRIPTION OF COMMISSION SWAP PROPERTY
See Attached.
553
PSOMAS
EXHIBIT "A"
LEGAL DESCRIPTION
(APN: 165-185-005)
Being portions of the southeast quarter of Section 23, Township 2 South, Range 6 West,
S.B.M., located in the City of Jurupa Valley, County of Riverside, State of California,
more particularly described as follows:
Commencing at the centerline intersection of Collins Street with Limonite A venue as
shown on Record of Survey filed in Book 94, pages 54 and 55 of Surveys, records of
Riverside County, California, said point also being on the southerly line of said section
23;
Thence along the south line of said Section 23, said south line also being the old
centerline of said Limonite Avenue, South 89°28'52" East 695.32 feet to the old
centerline of Pedley Road (formerly Garnet Street) as shown on said Record of Survey;
Thence along said old centerline North 00°35'26" East 213.03 feet to the "Ultimate
Right-of-Way" of Limonite A venue per County of Riverside Right-of-Way Map 892-Y
dated 11/22/88 as shown on said Record of Survey, and the Point of Beginning;
Thence continuing along said old centerline North 00°35'26" East 201.13;
Thence South 74°46'37" West 27.32 feet;
Thence South 14°53'39" East 67.68 feet;
Thence Sot11h 74°46' 13" West 27.11 feet;
Thence South 15°13>51" East 125.83 feet to the Point of Beginning.
Page I of2
54
PSOMAS
The above described parcel contains 3,457 sq. ft. more ol' less.
See Exhibit "B" at1ached hereto and made a patt hereof.
This legal description is not inte11ded for use in the division and/01' conveyance of land in
violation of the subdivision map act of the State of California.
Prepared under the direction of:
Date
Pagc2 of2
55
\ \
WESTERLY LINE OF----! \
PEDLEY ROAD AS ~
SHOWN ON RS 94/55 I
POR. LOT 15
M.B. 9/26
I
I
I
I
I
SEC. 23. T2S. R8W I
S.B.M. I
O~ER: RCTC I
(APN: 165-185-005) I
\
\
SCALE: 1 "=50'
I
I
I
I
AREA:
U.P.R.R.
RIGHT-OF-WAY
AS SHOWN ON
RS 94/55
3,457 SQUARE FEET.
SURVEYORS NOTES:
( ) INDICATES MEASURED & RECORD
DATA PER RS 94/95
EASEMENT NOTES:
f".j"l EASEMENT FOR PUBLIC UTILITIES, PUBLIC
'-Y SERVICES ANO STORM DRAINS PER
DOCUMENT REC. 08/06/79, AS INST.
NO. 165179, O.R. AS SHOWN ON RS 94/55
I __. ----r
I
I
I
I
I
I
I OYmER: SERGIO HERNANDEZ
I (APN: 165-190-0#)
eo I
; I
~ I
I
\
\
\
\
\
SOUTH WESTERLY LINE
OF PEDLEY ROAD AS
SHOWN ON RS 94/55
POR. LOT 15
M.B. 9/26
SEC. 23, T2S. R6W
S.B.M.
I ULTIMATE RIGHT-OF-WAY I OF LIMONITE AVENUE AS
\ I I SHOWN ON RS 94/55
\ I ........ I OLD CENTERLINE OF
I \ i<l PEDLEY ROAD (FORMERLY ~ti \I ~ I GARNET STREET-VACATED) ~I~ POINT OF \ ~t LIMONITE AVENUE
U~COMMENCEMENT ~S'LY LINE OF SECTIOJ\
T2S, R6W, S.B.M.
(S89'28'52"E 695.32')
---.,/'-------
EXHIBIT "A"
PLAT
56
SHEET1 OF1
PSOMAS
1500 IOWA A\'DlU£. SUITE 200
f!IWSIDE'. Callfomlo 92ro3
(951) 787-6421 WlfW.psomoo.oom
SCALE 1" = 50'
DRAFlED JRR
CHECKED SMS
DATE: FEBRUARY 19, 2014
JOB
NUMBER 4RCT010108
EXHIBIT "B"
DESCRIPTION OF HERNANDEZ/AVILA SWAP PROPERTY
See Attached.
RVPUB\ELB\685253. I
<£7
PSOMAS
EXHIBIT "B_"
LEGAL DESCRIPTION
(APN: 165-190-044)
Being portions of the southeast quarter of Section 23, Township 2 South, Range 6 West, -
S.B.M., located in the City of Jurnpa Valley, County of Riverside, State of California,
more particularly described as follows:
Commencing at the centerline intersection of Collins Street with Limonite A venue as
shown on Record of Survey filed in Book 94, pages 54 and 55 of Surveys, records of
Riverside County, California, said point also being on the southerly line of said section
23;
Thence along the south line of said Section 23, said south line also being the old
centerline of said Limonite Avenue, South 89°28'52" East 695.32 feet to the old
centerline of Pedley Road (formerly Gamet Street) as shown on said Record of Survey;
Thence along said old centerline No1th 00°35'26" East 213.03 feet to the "Ultimate
Right-of-Way" of Limonite Avenue per County of Riverside Right-of-Way Map 892-Y
dated 11122/88 as shown on said Record of Survey;
Thence continuing along said old centerline North 00°35'26" East 201.13 feet to the
Point of Beginning;
Thence continuing along said old centerline of Pedley Road North 00°35'26" East 140.00
feet to a point on a curve concave 1101theasterly having a radius of 1050.00 feet, a radial
line from said beginning bears North 72°50' 16" East, also being the westerly line of the
realigned Pedley Road per County of Riverside Right-of-Way Map 892-Y dated 11/22/88
as shown 011 said Record of Survey;
Page 1 of2
58
PSOMAS
Thence southeasterly along said curve an m·c length of51.82 feet through a ccntrn1 angle
of 02°49'39'', to the begiruung of a compound curve concave northeasterly having a
l'adius of 350.00 feet, a radial line from said beginning bears North 70°00'3 7" East;
Thence southeasterly along said curve an arc length of 84.95 feet through a central angle
of 13°54'2611
;
Thence South 74°46'37" West 58.40 feet to the Point of Beginning.
The above described parcel contains 3457 sq. ft. mo1·e or less.
See Exhibit "B" attached hereto and made a part hereof.
This legal descdption is not intended for use in the division and/or conveyance of land in
violation of the subdivision map act of the State of California.
Prepared under the direction of:
~ g_ lli. lu---
Clifford A. Simental, PLS 5022
HAY.-<...\\ ~ ,c.c~
Date
Page2of2
59
I
I
WESTERLY LINE OF------J \
PEDLEY ROAD AS T---!
SHOWN ON RS 94/55
POR. LOT 15
M.B. 9/28
\ SEC. 23, T2S, R8W
S.B.M.
Ov.t.IER: RCTC
(APN: 165-185-005)
\
SCALE: 1·=50'
AREA:
U.P.R.R.
RIGHT-OF-WAY
AS SHOWN ON
RS 94/55
J,457 SQUARE FEET.
SURVEYORS NOTES:
( } INDICATES MEASURED & RECORD
DATA PER RS 94/95
EASEMENT NOTES:
"'0 EASEMENT FOR PUBLIC UTILITIES, PUBLIC
'!-' SERVICES AND STORM DRAINS PER
DOCUMENT REC. 08/06/79, AS INST.
POINT OF'
BEGINNING
NO. 165179, O.R. AS SHOWN ON RS 94/55 I
\ I
\ I
\ I
\ I ,, VJl1-z w
:JW 51~ POINT OF
U~COMMENCEMENT
(SB9'28'52"E 695.32')
----./'--
EXHIBIT "8"
PLAT
60
0
0
~
SEC. 23, 125, R8W
S.B.M.
ULTlMATE RIGHT-OF-WAY
OF LIMONITE AVENUE AS
SHOWN ON RS 94/55
OLD CENTERLINE OF
i-----PEDLEY ROAD (FORMERLY
GARNET STREET-VACATED)
LIMONITE AVENUE
S'L Y LINE OF SECTIOl--
T2S, R6W, S.B.M.
8HEET1 OF1
PSOMAS
1!100 IOWA AVENU£, Sii/iE 200
RIWISID£. C<llfefllla 921SGJ
(951) 707-M21 n11.ptomoo.CMt
SCALE 1 • = 50'
DRAFTED JRR
CHECKED SMS
DATE: FEBRUARY 19, 2014
JOB
NUMBER 4RCT010108
RVPUB\ELB\685253. I
EXHIBIT "C 11
COMMISSION SWAP PROPERTY GRANT DEED
See Attached.
1i1
RECORDING REQUESTED AND WHEN
RECORDED RETURN TO:
RIVERSIDE COUNTY TRANSPORTATION
COMMISSION
P.O. Box 12008
Riverside, California 92505-2208
APN:l65-18S-005 SPACE ABOVE THIS LINE FOR RECORDER'S USE
EXEMPT FROM RECORDING FEES PURSUANT TO GOV. CODE § 27383
NO DOCUMENTARY TRANSFER TAX PURSUANT TO CALIFORNIA REVENUE & TAXATION CODE§ 11922
GRANTDEED
FOR GOOD AND VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
RIVERSIDE COUNTY TRANSPORTATION COMMISSION, a public agency of the State of
CaJifomia ("Gran tor") hereby grants to SERGIO HERNANDEZ AND ANGELA A VILA, Husband
and Wife as Joint Tenants (collectively 0 Gmntee"), that certain real property located in the City of
Riverside, County of Riverside, State of California, more particularly described in Exhibit 1 and depicted
in Exhibit 2 attached hereto and made a part hereof (the "Pro1rnrty").
IN WITNESS WHEREOF, Grantor has caused its name to be affixed hereto and this instrument
to be executed by its duly authorized officer.
GRANTOR:
RIVERSIDE COUNTY TRANSPORTATION
COMMISSION
By: _______________ _
Anne Mayer, Executive Director
17336.00603\7462919.1 1
62
DATED: _______ , 201_
ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
COUNTY OF~~~~~~-)
On before me, (here insert name and title
of the officer), personally appeared who proved to me on
the basis of satisfactot)' evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrnment the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature _________ _
17336.00603\7462919. l 2
63
(Seal)
EXHIBIT 1 TO GRANT DEED
LEGAL DESCRIPTION OF PROPERTY
Real prope11y in the City of Riverside, County of Riverside, State of California, described as
follows:
I 7336.00603\7462919.1
64
PSOMAS
EXHIBIT "A"
LEGAL DESCRIPTION
(APN: 165-185-005)
Being portions of the southeast quarter of Section 23, Township 2 South, Range 6 West,
S.B.M., located in the City of Jurupa Valley, County of Riverside, State of California,
more particularly described as follows:
Commencing at the centerline intersection of Collins Street with Limonite Avenue as
shown on Record of Survey flied in Book 94, pages 54 and 55 of Surveys, records of
Riverside County, California, said point also being on the southerly line of said section
23;
Thence along the south line of said Section 23, said south line also being the old
centerline of said Limonite Avenue, South 89°28'52'' East 695.32 feet to the old
centerline of Pedley Road (formerly Garnet Street) as shown on said Record of Survey;
Thence along said old centerline North 00°35'26" East 213.03 feet to the "Ultimate
Right-of-Way" of Limonite Avenue per County of Riverside Right-of-Way Map 892-Y
dated 11/22/88 as shown on said Record of Survey, and the Point of Beginning;
Thence continuing along said old centerline North 00°35'26" East 201.13;
Thence South 74°46'37" West 27.32 feet;
Thence South 14°53'39" East 67.68 feet;
Thence South 74°46'13" West 27.11 feet;
Thence South 15°13'51" East 125.83 feet to the Point of Beginning.
Page I of2
65
PSOMAS
The above described parcel contains 3,457 sq. ft. more or less.
See Exhibit ccB" attached hereto and made a part hereof.
This legal description is not intended for use in the division and/01· conveyance of land in
violation of the subdivision map act of the State of California.
Prepared under the direction of:
Date
Page2 of2
66
17336.00603\7462919.1
EXHIBIT 2 TO GRANT DEED
DEPICTION OF PROPERTY
[To be attached]
67
WESTERLY LINE OF----! I
PEDLEY ROAD AS i---.:
SHOWN ON RS 94/55 I
\ \
SCALE: 1"=50'
AREA;
U.P.R.R.
RIGHT-OF-WAY
AS SHOWN ON
RS 94/55
3,457 SQUARE FEET.
SURVEYORS NOTES:
I
I
POR. LOT 15
M.B. 9/28
I
I
I
SEC. 23, 12S, R8W I
S.B.M. I
OWNER: ROTC I
(APN: 165-185-005) :
'"\)
')"".
;QQ.
G) ;:l ~(")
;...\ ?J b~ "'\"\~ ko Yb :..(
I
I
I
I
( ) INDICATES MFASURED & RECORD
DATA PER RS 94/95
g
~
\
\
L-------1
I
I
I
I
I
I
\
I OWNER: SERGIO HERNANDEZ
I (APN: 165-190-044)
<o I
; I
~ I
I
\
SOUTH WESTERLY LINE
OF PEDLEY ROAD AS
SHOWN ON RS 94/55
POR. LOT 15
M.fJ. 9/28
~ I EASEMENT NOTES: J.. I
f'.f' EASEMENT FOR PUBLIC UTILITIES, PUBLIC J
\
\
\
\
SEC. 23, 12$, R6W
S.B.M. ~ SERVICES ANO STORM DRAINS PER
DOCUMENT REC. 08/06/79, AS INST. \__l_I --:5ll-----~-.:----------
NO. 165179, D.R. AS SHOWN ON RS 94/55 I ULTIMATE RIGHT-OF-WAY
\ I OF LIMONITE AVENUE AS ' \ I I SHOWN ON RS 94/55
\ I ,...... I OLD CENTERLINE OF
I \ i'> 1--PEDLEY ROAD (FORMERLY ~ ~ \I ~ I GARNET STREET-VACATED)
Big: POINT OF \ -----1 LIMONITE AVENUE o~cn COMMENCEMENT -JJLLS'LY LINE OF SECTIOf\
T2S, R6W, S.B.M. (S89'28'52"E 695.32')
----....;------
EXHIBIT "8"
PLAT
68
SHEET1 OF1
PSOMAS
I 500 IOWA A llEllUF. S\JfTE 200
lllVVIS!Of. Collfomb 92503
(951) 787-8421 """'·P•omo11.<X>m
SCALE 1" ,. 50'
DRAFTED JRR
CHECKED SMS
DATE: FEBRUARY 19, 2014
JOB
NUMBER 4RCTOIOJOB
RVPUl3\ELB\68S253. I
EXHIBIT "D11
HERNANDEZ/AVILA SWAP PROPERTY GRANT DEED
See Attached.
869
RECORDING REQUESTED AND WHEN
RECORDED RETURN TO:
Sergio Hernandez and Angela Avila
50 I 7 Tyro lite Street
Riverside, CA 92509
APN:l65-190-044 SPACE ABOVE THIS LINE FOR RECORDER'S USE
EXEMPT FROM RECORDING FEES PURSUANT TO GOV. CODE § 27383
NO DOCUMENTARY TRANSFER TAX PURSUANT TO CALIFORNIA REVENUE & TAXATION CODE § 11922
GRANT DEED
FOR GOOD AND VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
SERGIO HERNANDEZ AND ANGELA AVILA, Husband ancl Wife as Joint Tenants (collectively
"Grantor") hereby grants to IUVERSIDE COUNTY TRANSPORTATION COMMISSION, a
public agency of the State of Califol'nia ("Grantee"), that ce1iain real property located in the City of
Riverside, County of Riverside, State of California, more particularly described in Exhibit 1 and depicted
in Exhibit 2 attached hereto and made a part hereof (the "Property").
IN WITNESS WHEREOF, Granter has caused its name to be affixed hereto and this instrument
to be executed by its duly authorized officer.
GRANTOR:
SERGIO HERNANDEZ AND ANGELA AVILA
By: ________________ _
Sergio Hernandez
By:~~~~~~~~~~~~~~-
Angela Avila
17336.00603\7462919.1 1
70
DATED: ,201 --------
ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
COUNTY OF~~~~~~~-)
On before me, (here insert name and title
of the officer), personally appeared who proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrnment and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrnment the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrnment.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature _________ _
17336.00603\7462919.1 2
71
(Seal)
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Grant Deed to which this
Certificate of Acceptance is attached
from: SERGIO HERNANDEZ AND ANGELA AVILA, Husband and Wife as Joint Tenants
("Gt·antor")
to: RIVERSIDE COUNTY TRANSPORTATION COMMISSION, a public agency of the
State of California ("Grantee")
is hereby accepted by the undersigned officer on behalf of Grantee pursuant to authority conferred by the
Grantee's governing board, and Grantee hereby consents to recordation of said Grant Deed.
Dated:. ___________ _
17336.00603\7462919.I
RIVERSIDE COUNTY TRANSPORTATION
COMMISSION, a public agency of the State of
California
By:
72
Anne Mayer
Executive Director
EXHIBIT 1 TO GRANT DEED
LEGAL DESCRIPTION OF PROPERTY
Real property in the City of Riverside, County of Riverside, State of California, described as
follows:
17336.00603\7462919.1
73
PSOMAS
EXHIBIT "An
LEGAL DESCRIPTION
(APN: 165-190-044)
Being portions of the southeast quarter of Section 23, Township 2 South, Range 6 West, ·
S.B.M., Jocated in the City of Jurupa Valley, County of Riverside, State of California,
more particularly described as follows:
Commencing at the centedine intersection of Collins Street with Limonite Avenue as
shown on Record of Survey filed in Book 94, pages 54 and 55 of Surveys, records of
Riverside County, California, said point also being on the southerly line of said section
23;
Thence along the south line of said Section 23, said south line also being the old
centerline of said Limonitc Avenue, South 89°28'52" East 695.32 feet to the old
centerline of Pedley Road (formerly Garnet Street) as shown on said Record of Survey;
Thence along said old centerline North 00°35'26" East 213.03 feet to the "Ultimate
Right-of-Way" of Limonite Avenue per County of Riverside Right-of-Way Map 892-Y
dated 11/22/88 as shown on said Record of Survey;
Thence continuing along said old centerline North 00°35'26" East 201.13 feet to the
Point of Beginning;
Thence continuing along said old centerline of Pedley Road North 00°35'26" East 140.00
feet to a point on a curve concave no1iheasterly having a radius of 1050.00 feet, a radial
line from said beginning bears No1ih 72°50' 16" East, also being the westerly line of the
realigned Pedley Road per County of Riverside Right-of-Way Map 892-Y dated 11/22/88
as shown on said Record of Survey;
Pagel of2
74
PSOMAS
Thence southeasterly along said curve an arc length of 51.82 feet through a central angle
of 02°49'39", to the beghming of a compound curve concave northeasterly having a
radius of350.00 feet, a radial line from said beginning bears North 70°00'37" East;
Thence southeasterly along said curve an arc length of 84.95 feet tlu·ough a central angle
of 13°54'26";
Thence South 74°46'37" West 58.40 feet to the Point of Beginning.
The above described parcel contains 3457 sq. ft. more or less.
See Exhibit "B" attached hereto and made a part hereof.
This legal description is not intended for use in the division and/01· conveyance of land in
violation of the subdivision map act of the State of California.
Prepared under the direction of:
S1:\'1i Q,. UJ-
Clifford A. Simental, PLS 5022
\J\A,IJ--(...\\ ?) .1-~'6.
Date
Page2of2
75
17336.00603\7462919. I
EXHIBIT 2 TO GRANT DEED
DEPICTION OF PROPERTY
[To be attached]
76
\ \
I
I
WESTERL y LINE OF----! \
PEDLEY ROAD AS i--..:
SHOWN ON RS 94/55 I
POR. LOT 15
M.B. 9/28
I
I
I
I
I
SEC. 23. T2S. R8W I
S.B.M. I
OWNER: RCTC I
(APN: 165-185-005} :
I
\
. ...,1·~
t.=02'491.39 11
R=1050,00'
L=51.82'
·oO"'..-""c ..-<) ~19/...? .c. \ ~ ,...~1>-Q· 't
~
A=1.3'54'26" 12
R=.350.00' ~
L=84.95' t>
SCALE: 1"=50' POINT OF
BEGINNING
·06\) ..... ~\ Llljl?,....--;._
AREA:
U.P.R.R.
RIGHT-OF-WAY
AS SHOWN ON
RS 94/55
3,457 SQUARE FEET.
SURVEYORS NOTES:
( } INDICATES MEASURED & RECORD
DATA PER RS 94/95
EASEMENT NOTES:
rp EASEMENT FOR PUBLIC UTILITIES, PUBLIC
l..!) SERVICES AND STORM DRAINS PER
DOCUMENT REC. 08/06/79, AS INST.
NO. 165179, O.R. AS SHOWN ON RS 94/55
~--~!>-'v•
• ~c) 08·~0 :i"'ll " s1T' ~
I I :
O~ER: SERGIO HERNANDEZ
I I (APN: 165-190-044)
II ;,, I ~ I SOUTH WESTERLY LINE
'-= I ;i I OF PEDLEY ROAD AS
I ~I It) I SHOWN ON RS 94/55
I J o \ POR. LOT 15
I I ~ \ M.B. 9/28
I 1 in \
I I~ \
I I c \
I I \
I
SEC. 23, T2S. R8W
S.B.M.
I ULllMATE RIGHT-OF-WAY \ I OF LIMONITE AVENUE AS I \ I SHOWN ON RS 94/55
\ I ,....., I OLD CENTERLINE OF
I \ 'h PEDLEY ROAD (FORMERLY ~ ~ \I ~ I GARNET STREET-VACATED)
~I~ POINT OF \ ~t LIMONITE AVENUE
()~COMMENCEMENT -JILLS'LY LINE OF SECTIOf\
T2S, R6W, S.B.M.
(S89'28'52"E 695 • .32')
-~----
EXHIBIT "B"
PLAT
77
SHEET1 OF1
PSOMAS
1500 IOWA AVENl.ll'., SUITT: 200
Rl'IL'ISlD£. Colllomla 02.503
(951) 787-8421 """·P"'"'" .. """'
SCALE 1" ~ 50'
DRAFTED JRR
CHECKED S!JS
DATE: FEBRUARY 19, 2014
JOB
NUMBER 4RCT01010B
AGENDA ITEM 11
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE:
TO:
FROM:
THROUGH:
SUBJECT:
April 28, 2014
Western Riverside County Programs and Projects Committee
------·U
Patti Castillo, Capital Projects Manager
Marlin Feenstra, Project Delivery Director
Agreement for Construction Management Services, Materials Testing, and
Construction Surveying for Riverside Downtown Station Operations Control
Center
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Award Agreement No. 14-31-075-00 to Abacus Project Management, Inc. (Abacus) for
construction management (CM), materials testing, and construction surveying services
for the Riverside Downtown Station Operations Control Center (RDNOCC), in the
amount of $165,862, plus a contingency amount of $16,586, for a total amount not to
exceed $182,448;
2) Authorize the Chair or Executive Director, 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; and
4) Forward to the Commission for final action.
BACKGROUND IN FORMAT/ON:
The Commission owns and operates five commuter rail stations -Riverside Downtown,
La Sierra, North Main Corona, Pedley, and West Corona -and the Perris Transit Center.
The Riverside Downtown Metrolink Station opened in 1993. The facility includes an operations
control center housing a centralized Closed Circuit Television (CCTV) surveillance system for all
of Riverside County's Metrolink stations. In order to enhance public safety, reduce vandalism,
prevent crime, and identify criminal activity, the system monitors a variety of station
environments and activities 24 hours a day. The system presently includes 115 cameras
distributed among the various station sites. The facility where the CCTV system is housed and
monitored is known as the RDNOCC.
In 1994, Metrolink installed modular crew layover offices at the station. Over the past two
decades, the Commission's security surveillance system and Metrolink's rail operations have
Agenda Item 11
78
expanded and outgrown the capacity of their existing buildings. In response, staff developed a
scope for comprehensive assessment of the Commission's security and surveillance operations.
In January 2009, the Commission authorized staff to commission a station and park & ride
security plan (Security Plan) to assess the security, surveillance, facility improvements, future
facility design, and development of facility emergency response plans. The Security Plan
recommended relocating video surveillance and security guard operations to a new RDNOCC.
At its December 2010 meeting, the Commission approved an agreement to provide engineering
design and support services for the relocation, expansion, and upgrade of the RDNOCC. Due to
funding constraints, the plans were placed on hold. At its March 2013 meeting, the
Commission reallocated $1.3 million of surplus Proposition lB grant funds to construct a new
operations control center. The design of the RDNOCC has now been completed and the project
plans are currently under review by the planning department at the city of Riverside. Once CM
services have been procured, the Commission will seek bids for the construction of the
RDNOCC. Staff anticipates releasing construction bids in summer of 2014.
Procurement Process
Pursuant to Government Code 4525 et seq, selection of architectural, engineering, and related
services shall be on the basis of demonstrated competence and on professional qualifications
necessary for the satisfactory performance of the services required. Therefore, staff used the
qualification method of selection for the procurement of these services. Evaluation criteria
included elements such as qualifications of firm, qualifications of personnel, understanding and
approach, and the ability to respond to the requirements set forth under the terms of a request
for qualifications (RFQ).
RFQ No. 14-31-075-00 for CM, materials testing, and construction surveying services for the
RDNOCC was released by staff on February 11. A public notice was advertised in the Press
Enterprise, and the RFQ was posted on the Commission's PlanetBids website, which is
accessible through the Commission's website. Using data from PlanetBids, postcards were sent
to 154 firms, 22 of which are located in Riverside County. Using PlanetBids, 73 firms
downloaded the RFQ; 15 of these firms are located in Riverside County. A pre-bid conference
was held on February 20 and attended by 16 firms; 3 of these firms are located in Riverside
County. Staff responded to all questions submitted by potential proposers prior to the
February 27 clarification deadline date. Two firms -Abacus (Riverside) and Z&K Consultants
Inc. (Corona) -submitted responsive and responsible statements of qualifications (SQQ) prior
to the 2:00 p.m. submittal deadline on March 13. Utilizing the evaluation criteria set forth in
the RFQ, the firms were evaluated and scored by an evaluation committee comprised of
Commission and Bechtel staff.
Based on the evaluation committee's assessment of the written proposals and pursuant to the
terms of the RFQ, the evaluation committee short listed and invited both firms to the interview
phase of the evaluation and selection process. Interviews were conducted on April 1.
Agenda Item 11
79
The evaluation committee conducted a subsequent evaluation of each firm, based on both
written and interview components presented to the evaluation committee by each proposer.
Accordingly, the evaluation committee recommends contract award to Abacus to provide CM,
materials testing and construction surveying services for the RDNOCC, as it earned the highest
total evaluation scores.
Subsequently, staff entered into negotiations to further define the scope (including the
appropriate level of effort, labor categories/mix, etc.), cost, and schedule proposal with Abacus
for the project services to establish a fair and reasonable price. Staff estimates the cost of
these services to be approximately $165,862; however, there may be minor adjustments to this
amount.
Staff recommends award of Agreement No. 14-31-075-00 to Abacus to perform CM services,
materials testing, and construction surveying services for the RDNOCC project in the amount of
$165,862, plus contingency amount of $16,586 for unanticipated changes, for a total amount
not to exceed $182,448. Staff will bring the final cost to the Commission at its May 14 meeting.
Financial Information
In Fiscal Year Budget: I Yes Year: I FY 2013/14 Amount: I $ 10,000
N/A FY 2014/15+ $ 172,448
Source of Funds: I Prop lB PTIMSEA Budget Adjustment: I No
N/A
GL/Project Accounting No.: 004018 81302 00000 0000 265 33 81301
Fiscal Procedures Approved: ~~ I Date: I 04/18/2014
Attachment: Draft Agreement No. 14-31-075-00
Agenda Item 11
80
MOOEL{PROP 1 B FORM)
oei.i:1E TH1s i;:Jox BEFOREl)si~G·
.•. 2014.
MODEL PROFESSIONAL SERVICES AGREEMENT
WITH PROPOSITION 1 B ASSISTANCE
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AGREEMENT WITH ,
L_CONSULTANT .@~!11,">
FOR Jl!IM::H:
L_DESCRIPTION OF s!~~lC~~~
FOR Y,(!it::
L_NAME Of:;P JECT __J
,'AJA ,
1. PARTIES AND DATE. ,;~'.;~Tut·'
This Agreement is
by and between the RIVERSID
Commission") and [Name of
Consultant].
2. RECll'
,~,i 'l\ '
and ente~ec;l.,i,~tothis _day of···· , 2014,
NTY TRANSll!.oRTATION COMMISSION ("the
Consl!JJt~,pt] ("Gd~~ultant"), [Legal Status of
2.1 :fbQ;:Noverry~~r 8, 198~F the voters of Riverside County approved
Measure A authorizing·t-~1cojl~~1iQj:tof a on~Jlalf percent(~%) retail transactions and
use taxs(~he"ta und tr~ \NC· ortation. rams and improvements within the County
~~l~~~,;~de, and a .;•ting t ·· ·verside :ntY Transportation Improvement Plan (the
'ir:l','
"'~~2:2 Pursu ~·t to P c Utility Code Sections 240000 et seq., the
Commission is aM.1tiorized to a cate the proceeds of the Tax in furtherance of the Plan.
%~44UK ,'', --
2.3 ·om No · . ber 5, 2002, the voters of Riverside County approved an
extension of the Mea~uce'' A tax for an additional thirty (30) years for the continued
funding of transportation'•fftd improvements within the County of Riverside.
2.4 A source of funding for payment for professional services provided
under this Agreement is state funds from Proposition 1 B administered by the California
Department of Transportation ("Caltrans") through the Public Transportation
Modernization, Improvement, and Service Enhancement Accounty ("PTMISEA"). This
Agreement shall not be deemed to be approved by the Commission until the
certification shown in Exhibit "E" attached hereto and incorporated herein by reference,
is executed.
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2.5 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__] to public clients, is licensed in the
State of California (if necessary), and is familiar with the plans of the Commission.
2.6 The Commission desires to engage Consultant to render such
services for the L_INSERT NAME OF PROJECT __J ("Project"), as set forth in this
Agreement. ·
3. TERMS.
3.1 General Scope of Services,11 \'consul:~,~t+shall furnish all technical
and professional services, including 1. bor:1
'" material, eqqi12ment, transportation,
supervision and expertise, and incidental ':, d customary worl<''~ecessary to fully and
adequately supply the L_INSERT TY OF SERVICES__),u1necessary for the
Project ("Services"). The Services are more71 partjpularly describ~d in Exhibit "A"
attached hereto and incorporated rein by referenc · · All Services shall be subject to,
and performed in accordance wl this .. Agreem I he exhibits attached hereto and
incorporated herein by reference, d all ~pplicable al .. state and federal laws, rules
and regulations.
3.2 itomm~~:eement of
111
Se . as:: ·'[;, · .. USE THIS PARAGRAPH IF
NOTICE TO PRQQEED HAS: BEEN ',1$$ D __ J ,,,Commission has authorized
Consultant to comrlf~nce perfdJmance of'~h'e Services by a "Notice to Proceed" dated
. Cons~l~ant a1
I S .. that Services already performed pursuant to the
----.,..-:.-ce-ed~.s,hall"'b~ go' di by all the provisions of this Agreement, including
all ind em cation aiicbinsurance provisfonST:,; /:\$ a result of the Proposition 1 B funding
for this Project, and "to' the ext~Ql,,.Caltrans procedures apply in connection therewith,
issuance 9ii,a Notice to Proceed ~¥ be contingent upon completion and approval of a
pre-award·yau;jt. Any que~fions raised during the pre-award audit shall be resolved
before the c<fmmission wllt ;consider approval of this Agreement. The state aid
provided under tf.\lf~?Agreem~at is contingent on meeting all Federal requirements and
could be withdrawn1~1 therepy~lhtitling the Commission to terminate this Agreement, if
the procedures are not ~211:Ppleted. The Consultant's files shall be maintained in a
manner to facilitate proceS's 1 reviews.
L_USE THIS PARAGRAPH IF NO NOTICE TO PROCEED HAS BEEN
ISSUED__] The Consultant shall commence work upon receipt of a written "Notice to
Proceed" from the Commission. As a result of the Proposition 1 B 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 Proposition 1 B 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
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82
the procedures are not completed. The Consultant's files shall be maintained in a
manner to facilitate process reviews.
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 [__INSERT ENDING DATE__J, 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 ~hall remain in effect following
the termination of this Agreement. ,, ..
3.4 Commission's Representative. ,i+"'lhe Commission hereby
designates the Commission's Executive Direct~r, or his at OW designee, to act as its
Representative for the performanc. of0 this Agr.Ei'.em,ent ("Commission's
Representative"). Commission's Repres' .. tive shall have t. authority to act on
behalf of the Commission for all purposes ulh,der this Agreement. .. mission's Repre-
sentative shall also review and give approval, ~s nee9ed;. to the detail f Consultant's
work as it progresses. Consultar:lt .shall not accep~~irection or orders any person
other than the Commission's Rep ntative or his;cjr Iler designee.
':/h}'''\,., "' '.
3.5 Consultant's Re(!resentative. Cof;tsultant hereby designates
[__INSERT NAME a, TLE__J tci'''act as its"'~presentct1,¥e for the performance of
this Agreement (" /on nt:i .... Repres·ehta . e,4):"11 G:onsult~~ht's Representative shall
have full authority 'ct on betl.a.lf of Cons 1 t for al'I 1J':jllrposes under this Agreement.
The Consultant's Res;1,lbesentatiw~ shall sagervise and direct the Services, using his
professional skill and'att~nti.~rn~t?!'nd shall~iii;e responsible for all means, methods,
techniques.· .ces ·aQ~''+proceduf§s and' for the satisfactory coordination of all
L'' ~~ -~~~, ' 'c .". '":·' ' portion · e t~,es Linq§r this Agre~l"Dent. Consultant shall work closely and
coop 1 fully with Cemrnissron'..§ Repres~ntative and any other agencies which may
have jufisdiction over, ora;l!t inte(est'.1in, the Services. Consultant's Representative shall
be available''tp the Comffii~.~ion ~t(;lff at all reasonable times. Any substitution in
Consultant's ~.epresentati~~i1• shall be approved in writing by Commission's
Representative'.4~~~t 1 1
l>
1r~~i~ -,, ,;·,r
3.6 Substitl!ltion of Key Personnel. Consultant has represented to the
Commission that certafWtk:ey 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 Preliminarv Review of Work. All reports, working papers, and
similar work products prepared for submission in the course of providing Services under
B-3
83
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 Proposition 1 B funding.
In the event that Commission's Representative, in his sole discretion, determines the
formally submitted work product to be not in accordance with the standard of care
established under this contract, Commission's Representative may require Consultant
to revise and resubmit the work at no cost to the CommJsS'fCi>n.
/,~~:i(t/Pf
3.8 Appearance at Hearings. If ar,ipwl;)en required by the Commission,
Consultant shall render assistance at public hectt!fis oi:r,~QJher meetings related to the
Project or necessary to the performance of th~ Services. l'if~}.yever, Consultant shall not
be required to, and will not, render any pttfcision, interpr~tati~p or recommendation
regarding questions of a legal nature or vyl:T\~h may be construea;,;as constituting a legal
opinion. jlK ·
3.9 Standard of 8are; Licenses! . ,~&1tant represeA¥tand maintains
that it is skilled in the profession1l:l ,. , Jlin necessary .o perform all Services, duties and
obligations required by this Agre .. , rit fully and1:::~'equately complete the Project.
Consultant shall perform the ServiceSl~~md ti.tie.s in conforQ;:iance to and consistent with
the Standards general! ''f6~pgnized a$ being 8TJJ)>!oyed b~L·prOfeSSiOnalS in the Same
discipline in the s .. r::e'alifornia. '· .. ,Consultant .warran'f§ that all employees and
subcontractors slift1t: have sllffipient sRffJ,;;l~d I experfJJhce to perform the Services
~ssigned to them. G~~~ultantf,!lher repr~nts. and warrants t? the Co.n:imi~sion that
its employees and sUbc;ontractoJii. have all licenses, permits, quahf1cat1ons and
approval 11''*fic:tt~ver nafure:~1Jaf'are7;1:egally required to perform the Services, and that
such Jice s a'n'CJ a provals. shall 15e 1rnaintained throughout the term of this
Agrelfu~nt. Consul· shcii~:i.'<; rform, ·c:f~1 '·its own cost and expense and without
reimburs~ment from th om · n, any services necessary to correct errors or
omissions vypi.ch are caused'·by the 9nsultant's failure to comply with the standard of
care providect} .. ·for herein, d shall be fully responsible to the Commission for all
damages and '*dfh~r liabiliti ... provided for in the indemnification provisions of this
Agreement arisingfft, t · Consultant's errors and omissions. Any employee of
Consultant or its s c:i · tants who is determined by the Commission to be
uncooperative, incompetei1t, 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.
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84
3.11 Inspection of Work. Consultant shall allow the Commission's
Representative to inspect or review Consultant's work in progress at any reasonable
time.
3.12 Final Acceptance. Upon determination by the Commission that
Consultant has satisfactorily completed the Services required under this Agreement and
within the term set forth in Section 3.3, the Commission shall give Consultant a written
Notice of Final Acceptance. Upon receipt of such nqti~, Consultant shall incur no
further costs hereunder, unless otherwise specified tQttnerNotice of Final Acceptance.
Consultant may request issuance of a Notice of Finc1l~cceptance when, in its opinion, it
has satisfactorily completed all Services required'under the"'terms of this Agreement. In
the event copyrights are permitted under Agreemet"'· then in connection with
Proposition 1 B funding, it is hereby acknowl 'ed and agre at Caltrans shall have
the royalty-free non-exclusive and irrevo · ight to reproduce, p,,ublish, or otherwise
use, and to authorize others to use, the w .. :Qr governmental purpose,s.
/~i\j~. . '<"';.
3.13 Laws and Re. ulations. 2onsu~!~nt shall keep ;;i~lf<fully informed
of and in compliance with all loc at~, and federal laws, rules and regulations in any
manner affecting the performance . theJll~Qject or th'~Services, including all Cal/OSHA
requirements, and shall give all notices requ· by law. f9r example, and not by way
of limitation, Consultant···Slacill keep itself ful ,,
1
forr:i;ed o~d in compliance with all
implementing regul~~!ons·;1 design stand~oos, s. ~eifidia,!l9ns, previous commitments that
must be incorporated in the design of the ~ · · t, and administrative controls including
those of Caltrans. .:In. compljance with~ rans procedures, Consultant and any
subconsultant under it s · I agf;ee 14tb,~t (a) OQ',i)tract Cost Principles and Procedures, 48
CFR, Fe. ·· . cquisitio' · egUlatl1Prs System:~~,phapter 1, Part 31, et seq., shall be
used mine tint? allowability of indJiid;!Jt~I project cost items and (b) the Federal
admi · e procedures in accordance witn1
'
149 CFR, Part 18, Uniform Administrative
Require .~J1ts for Grants and:}~Cooperative Agreements to State and Local
Governmenti*~~hall apply tq\,fhis Con~c1ct. If the Consultant performs any work knowing
it to be contr§.'~::to such laws1; rules ahd regulations and without giving written notice to
the CommissionFConsultanti"shall be solely responsible for all costs arising therefrom.
Consultant shall defE;Jf,\d, inq,~t;nnify and hold Commission, its officials, directors, officers,
employees and agerlt$'.::fre~l'.~rld 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 Agree-
ment, including, but not limited to, the failure of Consultant to timely perform Services
B-5
85
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 venience. If the termination is
to be for the convenience of the Commission,/.1Jn~ qmmission shall compensate
Consultant for Services fully and adequately provided ''fhi~MJgh the effective date of
termination. Such payment shall include 9,.grorated amourif"of profit, if applicable, but
no amount shall be paid for anticipated:flro·fit on unperforme< · ·· rvices. Consultant
shall provide documentation deemed adE!quate by Commissio .. . .. epresentative to
show the Services actually completed by Consultari.t"prior to the J%tfective date of
termination. This Agreement ~.b,?H. terminate otT1·tl'fe~;1effective date ~O.f. the Notice of
Termination. · ····· 1 <[/ji~1·~v
'q;(,~~. '.~1.c
3.14.4 Effect of Term ·~tion for Cause. If the termination is for
cause, Consultant shall be compensated fodhose Services which have been fully and
adequately com pie ''Jf'f<:kacc~pted by the Cor;nttrission as of the date the Commission
provides the Nati fTermination. In such case, the Commission may take over the
work and prosec tt")e same. to compl~tion by contract or otherwise. Further,
Consultant shall be lial:>te to: the Commission for any reasonable additional costs
incurred bytheCe>mmissio ''e\nrork for which the Commission has compensated
Cons i;under'thi~ftl.9re , but Wh\iDllJhe Commission has determined in its sole
discr .. ····.·· needs to b ·· . .vise , part or whole, to complete the Project because it did
not m~~fi~he standar of care:t'l~stablished in Section 3.9. Termination of this
Agreement f~1~1 .cause may be. consi{j;l~~d by the Commission in determining whether to
enter into futcrr~ agreementswith Con'sultant.
· :ij.14.5 GJ:Jmulative Remedies. The rights and remedies of the
Parties provided in'this,11~~ction are in addition to any other rights and remedies
provided by law or undertnls Agreement.
3.14.6 Procurement of Similar Services. In the event this
Agreement is terminated, in whole or in part, as provided by this Section, the
Commission may procure, upon such terms and in such manner as it deems
appropriate, services similar to those terminated.
3.14.7 Waivers. Consultant, in executing this Agreement, shall be
deemed to have waived any and all claims for damages which may otherwise arise
from the Commission's termination of this Agreement, for convenience or cause, as
provided in this Section.
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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 Comn:i:t~sion shall respond to Con-
sultant's submittals in a timely manner. Upon request4lfCommission's Representative,
Consultant shall provide a more detailed schedule. ·<t!lJicipated performance to meet
the Schedule of Serv1·ces. · '... · ·. ';,40~~~(-\
3.15.2 Modification of. the~fSchedule. Co sultant shall regularly
report to the Commission, through corre · dence or progress orts, its progress in
providing required Services within the sc du.led time periods. ·· or;pmission shall be
promptly informed of all anticipated delays. ·ln Jhe e¥ent that Congl.Jlt€lnt determines
that a schedule modification is necessary, Cotlsy!tanfshall promptly s~)mit a revised
Schedule of Services for approvalb Ce>JJ1mission's.. resentative.
,: -<.',;_'..{;9%,,
nsultan hall conduct trend meetings
with the Commission'5: R~i~~sentativa\and ot erestee!l'1;~fiies, as requested by the
Commission, on a bi~eekt,~·bcisis or as.:; u scheduled by the Parties at a
standard day and 'tirffe. Thes'@ .trend ill · <iPmpass focused and informal
discussions concerni~,.scope~~1§chedule,···~f!ld current progress of Services, relevant
cost issues, and future•'P.rojE;t· ·ectives: onsultant shall be responsible for the
preparatiortr~nd;tj!?tributiO.i;':0fF ng·agend 0 be received by the Commission and
other atteoaees rto!.;;J~e~ than·~Jiiee (3) W<ilC1flg ·· ys prior to the meeting.
,, ,·,,,;o·.~:ffi~i<-'~/~;~h, '?'Jfh·
.····· 3.15.4Progress.::Heports. As part of its monthly invoice, Consultant
shall submt:f;;:~ progress reafi?.rt, 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 ·.• progress report by Consultant shall be a condition
precedent to recei~t, of p ent from the Commission for each monthly invoice
submitted. ''1·;;"' •
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.
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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 pro-
vide 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. Performan~ of any Services under this
Agreement may be delayed upon mutual agreeme'fit10·of the Parties. Upon such
agreement, Consultant's Schedule of Services s~,~JL he''extended as necessary by the
Commission. Consultant shall take all reasonable'i steps to minimize delay in
completion, and additional costs, resulting from any such etjension.
3.17 Status of Consultantl~d6consultants.
3.17.1 Independent Contractor. lj:l-;,ie Services s~all be performed
by Consultant or under its supervision. Consultantwilf,determine the''m,E!ans, methods
and details of performing the Se subject to>t~e requirements of this Agreement.
Commission retains Consultant n Independent ~,ontractor basis and not as an
employee, agent or representative of the 'Comm,ission:Yt~'Consultant retains the right to
perform similar or differt:lot"S,ervices for 9thers dff'ring the teJni of this Agreement. Any
additional personri~t. peffQrrt\ing the ~ervices una~r .. this'011!A.greement on behalf of
Consultant shall af:~i~II timeS'· t>~ under't~qnsultant's''e~elusive direction and control.
Consultant shall piff'''al) wage!tJi·salaries and other amounts due such personnel in
connection with their perfl mance of Services and as required by law. Consultant shall
be respo iblE!:Jor .. all rep · · md obligations respecting such personnel, including but
not lim,i o, '$'8'bhal~E!curicy ..• es, inco'itl~Jax withholdings, unemployment insurance,
disabllity,Jnsurance, a'l!iqworke ·•· mpens'ati'on insurance.
'>+/,, /"~~y;~~--''
3.17 .2;.f?revailing1;,1Waqes. By its execution of this Agreement,
Consultant certifies that it i ... aware of the requirements of California Labor Code
Sections 1720 et,seq. and 1 .. et seq., as well as California Code of Regulations, Title
8, Section 16000 ·et ·~wf'.Prevailing Wage Laws"), which require the payment of
prevailing wage rateS1'1'a[ld ;.ltte performance of other requirements on certain "public
works" and "maintenance" projects. The Services hereunder include construction
surveying and other services that required the payment of prevailing wage rates.
Therefore, Consultant agrees to fully comply with such Prevailing Wage Laws. Copies
of the prevailing rate of per diem wages that 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
B-8
88
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.
3.17.4 Subcontracting. Consu shall not subcontract any
portion of the work or Services required by this A t, except as expressly stated
herein, without prior written approval of the Commiss10 , Consultant wishes to use a
firm as a subcontractor which is not speoifiecf' in the'lji 1proposal upon which this
Agreement was awarded, prior writte proval mus , : e obtained from the
Commission. The Subcontracts, if any, s contain a provision making them subject
to all provisions stipulated in this Agreeme
Consultant ,has, as part ()~uL:its proposal, id~~,tified certain
companies/firms that will be subci.>1)$t;jJJants utilized by Consultant ("Subconsultants")
for Project delivery. A list of said SubconsuJJants is attached hereto as Exhibit "C" Part
2 and made a part hereof. The Co reby a ' es the use by Consultant of
the Subconsultants i · · d in Ex . ·t "C" ;art,.2. 1 e event and prior to the
replacement of an. . . .. . ultant a~prove '', rEilll! '"the Consultant shall seek and
obtain the Commi§sfffn's writfeiJ11 approval,~~::sr · h "Ci"'Part 2 also sets forth the rates at
which each Subconsr:JJls.nt sha1J bill the C ant for Services and that are subject to
reimbursement by the \fiimmis$ion,t() ConsUlil:rit. Additional Direct Costs, as defined in
Exhibit " ··· 1 hall .1be;ttii s~~or botfl:,the Consultant and all subconsultants,
. ·· titied iri;li~hibit "C1~t~art2'.11m10
'"'/}'/?"'>, ,;,,,
'7@1£0:c. ''41
Co . 1 tant ack wledges that approval of Consultant's utilization of
. ubconsultants togetf\ with the incorporation of Subconsultants' rate
schedules a· ::ll!l:i~Ost proposals into this Agreement shall in no way be construed to
create any cori"'actual relationship between any Subconsultant and the Commission.
The Subconsultant~nite schedules and cost proposals contained herein are for
accounting purposes· ohly}l 1Jn the event that any Subconsultant shall bring any action,
claim or proceeding pu!Jciorting 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
B-9
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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 l~. such Documents & Data.
Consultant makes no such representation and warrant,y in·''regard to Documents & Data
which were prepared by design professionals o,~~r1\~~an Consultant or provided to
Consultant by the Commission. Ab"''"... "' ·
Commission shall not be limited in
Documents & Data at any time, provided .~at any such use
intended by this Agreement shall be at ComlTiission's so.1.e risk .
.•• ?f'h
ay in its use of the
within the purposes
3.18.2 Intellectual Property. tlition, Commission shall have
and retain all right, title and interest (ihcluding co . , patent, trade secret and other
proprietary rights) in all plans, specifications, studieslilirawings, estimates, materials,
data, computer programs or software and.,;~Qµrce codl.JB,enhancements, documents,
and any and all works authorship fixed ··1n,~1any tan'gibl~. medium or expression,
including but not lim.i~ed to·;·, ... ysical drawings at:·O "'"· .. ta foagnetically or otherwise
recorded on computer media81~ti1ilntellectuaJi1Property") ·ared or developed by or on
behalf of Consultan~~;,under thl~. Agreen'leht as well as any other such Intellectual
Property prepared or d~~elop~~thyor on behalf of Consultant under this Agreement.
CorT:t!il).iSsion shall. have and retain all right, title and interest in
Intellectual Property lopee(or modified under this Agreement whether or not paid
for whdff"/ . r in part b zcomn'lisskm, whether or not developed in conjunction with
Consultan , ... Pd whether or not developed by Consultant. Consultant will execute
separate writfen assignments·of any and all rights to the above referenced Intellectual
Property upon re~'!Q~st of Commission.
· 'fant shall also be responsible to obtain in writing separate
written assignments fr ny 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
B-10
90
represents and warrants that it has the right to grant the exclusive and perpetual license
for all such Intellectual Property as provided herein.
B-11
91
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 relat~ij~!l>:the negligence, recklessness,
or willful misconduct of the Consultant. Consult u ::;,obligations as set forth in this
Section 3.19 shall survive expiration or terminatio..... t1r~~~~reement.
3.20 Insurance.
3.20.1 Time for Com I e. Consultant s~~,I not commence work
'b'•'~;.-. .,' (Ji.\} under this Agreement until it has provided ev1C1ence sat1~f$3ctory to the1'€ommission that
it has secured all insurance required under thf~&$$~c;:tiqr{' In addition, Consultant shall
not allow any subcontractor to c · ce work ofll:~~·rty subcontract until it has secured
all insurance required under this s · .. ·· ·
3.2 inimum 'Re uiremel1fs~. Co ' . nt shall, at its expense,
procure and mainta· ,gr·" .fie duration ofJhe Aiii'e~,p;i.~nt insurance against claims for
injuries to persons or: .. damage~, property iwhich may:(El:J;Se from or in connection with
the performance of atJ::l,e Agr ent by th~ Consultant, its agents, representatives,
employees or subconfract0 rs. ultant shall also require all of its subcontractors to
procure and maintain tha16~.ame ina~tance for .the duration of the Agreement. Such
insurance\shall meet.9.t lea~t;,ll;}e followingl'.ll~JJimum levels of coverage:
f«iJ
~,~';l~fu?Y~1-
. (A) nimum Scope of Insurance. Coverage shall be at
least as broad as the lat~~.t versicrllljJ;,of the following: (1) General Liability: Insurance
Services Office Commercia· · eneral liability coverage (occurrence form CG 0001); (2)
Automobile Liability: lnsura ···Services Office Business Auto Coverage form number
CA 0001, code 1~1· (any .... . ); and (3) if Consultant has employees, Workers'
Compensation and E · ;t:if!s Liability: Workers' Compensation insurance as required
by the State of Californ ;·Cl 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 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
B-12
92
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. Consultant shall procure and
maintain, and require its subconsultants 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. Prior to the direct or indirect use
of any civil aircraft to provide Services under this .ig&~e,r11ent, Consultant shall procure
and maintain, or cause to be procured and maiHtaine~.,r:aircraft liability insurance or
'i<1Jrfi:r-' '"HWi;,% ...
equivalent form, with a single limit of not le.~ than $5,000,000 per each occurrence.
Such insurance shall include coverage for owned, hired ahd pon-owned aircraft and
passengers, and shall name, or be endorsed to name, the Commission, its directors,
officials, officers, employees, consultant . nd agents as additliimal insureds with
respect to the Services or operations perfor · ,J~y or eil1!t>ehalf of t~'e .. ilonsultant.
3.20.5 lnsuranceJ:'!'&l:Endorsements... The insurance policies shall
contain the following provisions, or Cbn$.~.ltant shalf'..,provide endorsements on forms
approved by the Commission to addi~~jl:)e following provisions to the insurance policies:
,. .,,
::;fc
· (A)~. General LiabiHff/:. Ihe ge ral liability policy shall be
endorsed to state ttl~.t ( 1) ttl '·. om mission, its directorslwofficials, officers, employees
and agents shall be 'covered . additioriat·insureds with respect to the Services or
operations performed by or o . If of th~··Consultant, including materials, parts or
equipmentfi:Unishei;:l in con ·. o h,~;euch w~Bi<; ~nd (~) th~ insurance _c?verage_ shall
be priJ'.l'iapY0'"Thsuratj~e. as 'f J~cts the.0·Gomm1ss1on, its directors, off1c1als, officers,
emplo~f;¥es and agents, . or if xsess, shaff;sfand in an unbroken chain of coverage
excess' of·the Consultant' scheduled underlying coverage. Any insurance or self-
insurance maintained by t Commi~ion, its directors, officials, officers, employees
and agents shalt be excess·iof the Consultant's insurance and shall not be called upon
to contribute wit ·n any way.
'\,,
.• <·<,;;.;;'~~ Automobile Liability. The automobile liability policy ..... ; ..... ..
shall be endorsed to state" that: (1) the Commission, its directors, officials, officers,
employees and agents shall be covered as additional insureds with respect to the
ownership, operation, maintenance, use, loading or unloading of any auto owned,
leased, hired or borrowed by the Consultant or for which the Consultant is responsible;
and (2) the insurance coverage shall be primary insurance as respects the
Commission, its directors, officials, officers, employees and agents, or if excess, shall
stand in an unbroken chain of coverage excess of the Consultant's scheduled
underlying coverage. Any insurance or self-insurance maintained by the Commission,
its directors, officials, 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-13
93
(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 .. wi~iten 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 titre policies, including breaches of
warranties, shall not affect coverage provided to tltevcorn.,mtssion, its directors, officials,
officers, employees and agents.
3.20.6 Deductibles andfSelf-lnsurance RetentlQns. Any deductibles
or self-insured retentions must be declared! to and approved by t · om mission. If the
Commission does not approve the deductibles or self-insured reten f:'lS as presented,
Consultant shall guarantee that,"a,t;··the option of the eommission, either·: (1) the insurer
shall reduce or eliminate such tibles or self-ii1sured retentions as respects the
Commission, its directors, officr. · ol!lers, employees and agents; or (2) the
Consultant shall procure a bondrt,,guar5nteeing pa~tnent of losses and related
investigation costs, claims and admin7$trative and defense expenses .
..r.dt:(:~~d:AN1-?+K~~·1;,. ..%,\, , ,c , <<. ..
insurance required this
provisions. In additio ,
scope o '··· teeti:Qn a
employ1 nd agents.
aration El>fr"'·tnsureds· N·o S ecial Limitations. All
tion shall contain standard separation of insureds
ranee shall not contain any special limitations on the
'~ .Commission, its directors, officials, officers,
3.20.a:Acceptability of Insurers. Insurance is to be placed with
insurers witba current AM: Best's.rating no less than A:Vlll, licensed to do business in
California, a~'osatisfactory tq the Comrnission.
3:i?0.9 \fl:~ification of Coverage. Consultant shall furnish
Commission with orig~'"' er'.tlfrcates of insurance and endorsements effecting coverage
required by this Agree ·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.
3.20.10 Other Insurance. At its option, the Commission may require
such additional coverage(s), limits and/or the reduction of deductibles or retentions it
considers reasonable and prudent based upon risk factors that may directly or indirectly
impact the Project. In retaining this option Commission does not warrant Consultant's
B-14
94
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 applica .. hall include, but shall not be
limited to: (A) adequate life protection and life saviD ; ipment and procedures; (B)
instructions in accident prevention for all employe ··· ··· · subcontractors, such as safe
walkways, scaffolds, fall protection ladders, b , ng planks, confined space
procedures, trenching and shoring, equipment other saf~ty devices, equipment and
wearing apparel as are necessary or lawr4J:I. ' quired to pr · nt accidents or injuries;
and (C) adequate facilities for the pro~ · pection and m nance of all safety
measures.
3.22 Fees and Payment. ,,,,_,,,_,
3.22.1 CompJ1~tli)fion.:;\ Consultant shall receive compensation,
including authorized reimbursements.for all Se,Dtices ren.dered under this Agreement at
the rates set forth in·. .. •. it>it "C" attach he~E!fo d. inco. r~~·~ted h~rein by reference.
The Total Compens . shaltbe on th 1 • e~t.costs·plus a fixed fee as further
set forth in Exhibit "q~i''and is n~tto exce "ltimSERT bo.h.,._AR AMOUNT].
ti. . '~~?1tt
3.22.2Pa of Co"*'"" nsation. Consultant shall submit a
monthly Jtefnlzed .stateme ·· tii~~tes • ork completed and hours of Services
rendered· by ConsuJ~~pt. statemenlts·llall describe the amount of Services and
supplies.; provided since the lpi~i§I commencement date, or since the start of the
subsequ~nt billing periodl!},,%P,pS ap·J)fopriate, through the date of the Statement. Charges
specific to each Milestone;iisted in the Schedule of Services shall be listed separately
on an attacnment to each· St?tement. Each statement shall be accompanied by a
monthly progre§'~ report and ~J:>readsheets 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.1th"e 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, 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,
B-15
95
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.
(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~:,&\~ terms of this Agreement
("Bilateral Contract Modification"). '''1~~t1"
(b) Consultant shall ertorm, nor be compensated for
any change, without written authorization from the Commission's Executive Director as
set forth herein. In the event such a chan e atJthorization is nqt, issued and signed by
the Commission's Executive Director, Co tant shall not provid&,such change.
'uc,
3.22.4 Reimbursement for Ex enses. Conslilt1.nt shall not be
reimbursed for any expenses unless autho · in 'writing by tt1e .. · ·Commission's
Representative.
,, -c· '"~~~~B:~
0 ~~~~~?·~ <~%~-;/
3.23 Prohibited lnterlJ§ts.
.. J:%s. " · itation. :1Consult§~t.m'aintains and warrants that it has
not employed nort,teteined afll11compan person, 6ther than a bona fide employee
working solely for COnsultant, fo solicit or ecure this Agreement. Further, Consultant
warrants that it has nof}:raid nor hasj! agreed to pay any company or person, other than
a bona fi ·i;ernployee wo · .. solely7tfbr Consult§lnt, any fee, commission, percentage,
broker fee, gfff\Cl,.niiirer "deration CQJiltingent upon or resulting from the award or
makin this Agreement. r breach or violation of this warranty, the Commission
shall have,~ttie right to re this Agreement without liability.
, 3.23.2 flict 0?'1nterest. For the term of this Agreement, no
member, officer l:!~~mployee· f the Commission, during the term of his or her service
with the Commissiom 1 shall have any direct interest in this Agreement, or obtain any
present or anticipated materiial 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.
B-16
96
3.23.4 Covenant Against Contingent Fees. As required in
connection with Proposition 1 B funding, the Consultant warrants that he/she has not
employed or retained any company or person, other than a bona fide employee working
for the Consultant, to solicit or secure this Agreement, and that he/she has not paid or
agreed to pay any company or person, other than a bona fide employee, any fee,
commission, percentage, brokerage fee, gift, or any other consideration, contingent
upon or resulting from the award or formation of this Agreement. For breach or
violation of this warranty, the Commission shall have the right to terminate this
Agreement without liability pursuant to Section 3.14, or at its discretion to deduct from
the Agreement price or consideration, or otherwise re<t~VEff, the full amount of such fee,
commission, percentage, brokerage fee, gift, or cor;idngent fee.
Ai@ . ,;!fat
3.23.5 Covenant Againstj\ilixp'enditu~~•m. Local Agency, State or
Federal Funds for Lobbying. The Consulf~pt certifies thafl!~t9 the best of his/ her
knowledge and belief no state, federal qi;;ilocal agency appropri d funds have been
paid, or will be paid by or on behalf of the'~ · sultant to any pers ··tor the purpose of
influencing or attempting to influence an o ·· or ~ oyee of any state or federal
agency; a Member of the Stat~1ri~;igislature o Unit · tates Congres5;: an officer or
employee of the Legislature dr' Congress; or an . mployee of a Member of the
Legislature or Congress, in connectiort · the awa · any state or federal contract,
grant, loan, or cooperative agreern~n , . the e sJon, continuation, renewal,
amendment, or modifi · , of any st~i~ or fetfE)r~! contract; grant, loan, or cooperative
agreement. · · · 'l; ·· J~%· ·
a) y fund~ other tha .deral appropriated funds have been paid,
or will be paid to any pe~i;9n f urpose;if· influencing or attempting to influence an
officer or erng.l.q~~. of '1a'fiy . . ~.ncy;.;•~1 Member of Congress; an officer or
e~plo~~~ of Congr~~s, or ah , mploye·e~sJi>fi!P Mi§'mber of C?ngress; in connecti?~ with
this A · ment, the Gonsultant .shall comj:jlete and submit the attached Exh1b1t "F",
Standa • Form-LLL, "D't~closure\.' · m to Report Lobbying," in accordance with the
attached instructions. ·· ·
"';'";Jf;ff,
b) '"k The Co tant's certification provided in this section is a material
representation of fact upo hich reliance was placed when this Agreement was
entered into, and is a:\:~r site for entering into this Agreement pursuant to Section
1352, Title 31, US. Cod .. :·ailure to comply with the restrictions on expenditures, or the
disclosure and certification requirements set forth in Section 1352, Title 31, US. Code
may result in a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
c) The Consultant also agrees by signing this Agreement that he/she
shall require that the language set forth in this Section 3.23.5 be included in all
Consultant subcontracts which exceed $100,000, and that all such subcontractors shall
certify and disclose accordingly.
B-17
97
3.23.6 Employment Adverse to the Commission. Consultant shall
notify the Commission, and shall obtain the Commission's written consent, prior to
accepting work to assist with or participate in a third-party lawsuit or other legal or
administrative proceeding against the Commission during the term of this Agreement.
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 Proposition 1 B funding, the
Federal Acquisition Regulations in Title 48, CFR 31 ~.II be the governing factors
regarding allowable elements of cost. All such records 'II be clearly identifiable. The
accounting system of Consultant and each subgo · nt under it shall conform to
Generally Accepted Accounting Principles (Q.iAP)'.'8,'0
' Consultant shall allow a
representative of the Commission, the State, thei.wCaliforniafcState Auditor or any duly
authorized representative of the State during normal business hpurs to examine, audit,
and make transcripts or copies of any and~all ledgers and boo .. f account, invoices,
vouchers, canceled checks, and any other.:records or document1
.•• reated pursuant to
this Agreement. All such information shall be retain · ·. Consultanl!tfor at least three
(3) years following termination . ·· :.this Agreem . . . lowing final settlement of the
contract accounts with Caltrans ·.·· r this Agre , ,, t, such records and documents
may be microfilmed at the option OJ Commission, :but in any event shall be retained
for said three (3) year period after. processing of the final voucher by Caltrans.
Consultant and each ,,§1\J~~gnsultant will permit;•:ac ess te:Macu records of employment,
employment advertisements,i1e~ploymemt appl{r;;~t orms:' and other pertinent data
and records by thevState Fairf!Employmer,it11?ractices ''i:i.:Housing Commission, or any
other agency of the St~le of C~lifornia designated by the State, for the purpose of any
investigation to ascertain compJlan,c:e with 1'iioposition 1 B funding requirements. Any
project co "1 for' ·ch tli · ori~ulta~~w·has received payment that are determined by
subse • be un Wable u·nder 2 CFR 225, 48 CFR, Chapter 1, Part 31 or
49 C ·. .. art 18, are subjectl~~te repayment by the Consultant to the State by and
through'tfl'e Commission;; Should Consultant fail to repay moneys due to the State
within thirty: (3p) days of demand, ... within such other period as may be agreed in
writing betweemh .. the Parties 1i1tqereto, the Commission is authorized to intercept and
withhold future pa~ments due:tl:ie Consultant hereunder.
3.25 Egual:Opportunitv Employment. Consultant represents that it is an
equal opportunity employeF 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. Consultant shall cooperate
fully with any other consultant engaged by the Commission on the Project.
B-18
98
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 t~e .. essence for each and every
provision of this Agreement. :?:/>
~O::<oO;;;;,;· . ·.·~~~'<.,'
3.30 Headings. Article and s~;po·n Headin\i.· paragraph captions or
marginal headings contained in this Agreemenh~re for convenience only and shall have
no effect in the construction or interpretatipfl·Of any provision hereifll.
.. . 0
','4~,ii:, ';
3.31 Notices. All notices permitted or:-r~0tequired under this Agreement
shall be given to the respectiv" arties at the1sf011Ciwing address, or at such other
address as the respective partie rovide in Writin~ for this purpose:
CONSULTANT:
' :~<,
CcJIM1$SION: ..
Riv. ide Ce>unty
.,,,,;Tra rtatiorl'Commission
'!C•%'.'.4oso L:3Men Street, 3rd Floor
·~"" Riverside, CA 92501
·~;ii1Ntn: Executive Director
,,.·"·· . '··siJdrt~1::h~!i9e sfr~U ,pe deemE,:!~ m~S'e when personally delivered or when
mailed~:.fprty-eight (48,·: h s a depositirf:the U.S. mail, first class postage prepaid,
and add~~ssed to the pa at i u pplicable address. Actual notice shall be deemed
adequate notice on the e act al .notice occurred, regardless of the method of
service.
nflictifis;rProvisions. In the event that provisions of any attached
exhibits conflict in an)l ~jth the provisions set forth in this Agreement, the language,
terms and conditions .,ntained 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.
B-19
99
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 Proposition 1 B Funds Are Involved.
When funding for the Services provided by this Agreement are provided, in whole or in
part, from Proposition 1 B funds, Consultant shall fully and adequately comply with the
provisions included in Exhibit "D" (Proposition 1 B Requii{~111ents) attached hereto and
incorporated herein by reference. ·
3.37 No Waiver. Failure of Comlif;l~iotf·Jo 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, coverjant or condition, i.i:;io,r shall any waiver or
relinquishment of any rights or powers hereunder at any oneitf[n.~ or more times be
deemed a waiver or relinquishment of such other right or power att any other time or
times.
3.38 Survival. Al'f;".ri and obliga!6Jibns hereunder that by their nature
are to be performed after any expirafion. orbterminatio f this Agreement shall survive
any such expiration or termination. 'l;r: >·
3.39 .,N@.·Tlii~c:FParty Berieificiariefi:· There are no intended third party
beneficiaries of an\"'fight or obligation asst:1,tned':6y the Parties.
3.40 L Certtfl~ation. s:·1~(~ signature hereunder, Consultant certifies
that it is q;)1'/areF~M· the provisil!lll~teraf Section 3700 of the California Labor Code which
requirei1ev§ry eniploy,~r,to b ured ag~Apst liability for Workers' Compensation or to
undertake self-insurance .in a i'dance wfth,.the provisions of that Code, and agrees to
comply W,jtll}:such provisi6T1s before?e9mmencing the performance of the Services.
'i! ·,-'~' '
3~~,1 Countert'arts. This Agreement may be signed in counterparts,
each of which shalLconstitut~;qn original.
lt; --'-~thw
3.42 Subp.oenis or Court Orders. Should Consultant receive a
subpoena or court order'' related to this Agreement, the Services or the Project,
Consultant shall immediately provide written notice of the subpoena or court order to
the Commission. Consultant shall not respond to any such subpoena or court order
until notice to the Commission is provided as required herein, and shall cooperate with
the Commission in responding to the subpoena or court order.
3.43 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.
B-20
100
3.44 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, $50.00 for each worker employed in the execution of this Agreement by
him, or by any sub-consultant under him, for each caleJ;dar day during which such
workman is required or permitted to work more tha ::~lght hours in any calendar day
and forty hours in any one calendar week with h compensation for overtime
violation of the provisions of the California L unless Consultant or the
Services are not subject to the Eight-Hour Law~:\
3.45 Employment of Apprentices. This Agreerrie hall not prevent the
employment of properly indentured apprenti ·· in accordance wit e California Labor
Code, and no employer or labor union s . refus~J,ilP accept otnerwise qualified
employees as indentured apprer:iQ'N~s on the .Performed hereunder>solely on the
ground of race, creed, national origin; ancestry, co r qr sex. Every qualified apprentice
shall be paid the standard wage p·· t ·· entices Ur!!Q~r the regulations of the craft or
trade in which he or she is employed.and I, e emplbye$! only in the craft or trade to
which he or she is reg· ·
If ia r Code on 1'j~'Z.$ applies to the Services,
Consultant and an~'"'"subco ctor he,.~~nder who employs workers in any
apprenticeabl~«craft or4·tr<1'de sttaff apply to tf\~j9int apprenticeship council administering
applicabl~ .sta:f'IB'aT~i for a •• ~e~jcate ~Jlf)roving1;1;f;onsultant or any sub-consultant for the
employment and t~f.'0
• g of ~P:i:>,rentices ...•. ,: n issuance of this certificate, Consultant
and an¥"~.ub-consult ball ~hiploy the n · . er of apprentices provided for therein, as
well as ·~htribute to the .fµnd to administer the apprenticeship program in each craft or
trade in th a of the work:;l:lereundei;,. ·, c/P
c '-./' ~#5~~'.· The\i::1parties expressly understand that the responsibility for compliance
with provisions oft~!~. Sect!s:io and with Sections 1777.5, 1777.6 and 1777.7 of the
California Labor CodS:iJ1regerd to all apprenticeable occupations lies with Consultant.
3.46 Incorporation of Recitals. The recitals set forth above are true and
correct and are incorporated into this Agreement as though fully set forth herein.
3.47 Authority to Enter Agreement. Consultant has all requisite power
and authority to conduct its business and to execute, deliver, and perform the
Agreement. Each Party warrants that the individuals who have signed this Agreement
have the legal power, right, and authority to make this Agreement and bind each
respective Party.
B-21
101
[SIGNATURES ON FOLLOWING PAGE]
B-22
102
SIGNATURE PAGE TO
PROFESSIONAL SERVICES AGREEMENT
WITH PROPOSITION 1 B ASSISTANCE
IN WITNESS WHEREOF, this Agreement was executed on the date first written
above.
RIVERSIDE COUNTY
TRANSPORTATION COMMISSION
By:
Marion Ashley
Chair
Approved asZli'f=orw: ,.. );DN
By:
Best Best & Krieger LbP
General. Counsel
B-23
103
EXHIBIT "A"
SCOPE OF SERVICES
L_INSERT __J
Exhibit A
17336.00603\8581981.2
104
EXHIBIT "8"
SCHEDULE OF SERVICES
Exhibit B
17336.00603\8581981.2
105
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 comprlsed;;tJtthe following elements: 1.1
Direct Labor Costs; 1.2 Fixed Fee; and 1.3 Aclditidtral Direct Costs.
1.1 DIRECT LABOR COSTS.
Direct Labor costs shall be paid in an amoµnt equal
Direct Salary Costs and the Multiplier wt}j~l)~re defined
e product of the
follows: \i0%/
1.1.1 DIRECT SALARY e'~S
Direct Salary Costs are the ba~e s~laries ,9, . .wages actually paid to the
Consult~gl'~ p~rsonnel directly engaged in p~rif-0rmance of the Services
undeF';;i:ieeAgreement. (Th~Jange of tlouily rates paid to the Consultant's , ·~,,,..' H '{'>~(;~'.he c ~~h,~·,
personnel appears ii.n Section l below.) '
1.1
The Mt!lti~lier to be applied to,,Jhe Direct Salary Costs to determine the
Direct Labor Costs' is , and is the sum of the
following com~onent§r:.:
17336.00603\8581981.2
1.1.2.1 Direct Salary Costs
1::~.2.~0,10~SfJ, Payroll Additives
The'l.,%;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
106
1.2
1.1.2.3 Overhead Costs
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
(sum of1,1.2.1,c:1·~.·1.2.2, and 1.1.2.3)
;c•~,, '
''·) c/}iit
Fixed Fee. A Fixed Fee of . .. shall I?:~ paid to Consultant
for Consultant's complete and S'q;tjsfactory performan~1pf this Agreement
and all Services reqLJired hereun!!l:er. Commission sha11'1paythe Fixed Fee
in monthly installrv~nt§, based upofl!bthe percentage o"fi<'the Services
completed at the eli1'(fof ~ach billing period, as determined in the sole
discretion of the Commisslqb'.;~ Represe'fitative, or his or her designee.
Consultant shall not beeJ11titlect'tg>and shall fo.rfeit any portion of the Fixed
Fee not ... ..cg,as provided herein.:: t• ·•if ''H•q: .· .· .
p /.o· m t?&,".1e
Car•f1Iil5lage Travel.!~· ,.;~~~~Ir
Compute~:;chaf~es
Photocopi~s
Blueline
LO Telephone
Fax
Photographs
REIM~6RSEMENT RATE
[_insert charges__]
$ /day
$ /mile
$ /trip
$ /hour
$ /copy
$ /sheet
$ /call
$ /sheet
$ /sheet
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
Exhibit C-2
17336.00603\8581981.2
107
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
2.2
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 Di[§:Ct Salary Costs will not be
subject to the Multiplier defined in Paragl(~fj~'1.1.2 above.
J~~'ll'@~: ,,~~~;,:
Direct Salary Rates shown herein ar~ in effeet for one year following the
effective date of the Agreement: Thereaffei\1 they may be adjusted '°'~'~"' ,,. ,, ,,,;,'°';;:"~··
annually to reflect the, · · sultant's adJt::l:$tments to individual
compensation. The Consul··.. shall notify the Com~ission in writing prior
to a change in the range o , . tes included hereill':;: ~Qd prior to each
subsequent change:... · '·l,'11
~W!'
;>,-<.
POSITION OR CLAS'
Principa~v'
Projeet"Manager':tv: .
~IXNGE OF HOURLY RATES
'18~:1~:
, ,. '", ,.,,
'·. '•"'00 .. $ " .'4@),··, -
$ 1;'dh -$
Sr. Enginae,.r/Planner
Project Eng'lh~er(~laQfiljJ'~.
.. JJiilti1c, Ass6t~1,,1Eng i neEfr1J+tra nneri
<.. Technician
$ .00 -$
$ .00 -$
$ .00 -$
$ .00 -$
$ .00 -$
$ .00 -$
.00/hour
.00/hour
.00/hour
.00/hour
.00/hour
.00/hour
.00/hour
.00/hour
2.3
Drafter/GADD Operator
Word Processor
'1/frlf-fJ.
The above rates}iare for the Consultant only. All rates for subconsultants
to the1., Consultant will be in accordance with the Consultant's cost
proposaL . ,d!B~IBf:AE
''i¢1?.%~:;/,
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.
Exhibit C-3
17336.00603\8581981.2
108
4.
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 a~.Gompanied by a Monthly Progress
Report and spreadsheets showing:>;bgut~~:,expended by task for each
month and total project to date. >Jfo· ••0 .;.;"'
3.6 Each invoice shall indicate paylfilents to DBE subJ?~:msultants or supplies
by dollar amount and as a percentage of the total irivoise.
3. 7 Each invoice shall include a ~ertification. signed by ·.' Consultant's
Representative or iticer of the firm.which reads as follows:
I hereby certify that the>hourS'''and salary.:if:ates charged in this invoice are
the actual hours and rates worked a,. d paid .. ·· e employees listed.
Signefll.,..--• -~......._,...,__ ___ ..:.......;;;""---
Title "<\\ijW;~:,
-----------,----~
Date "'
t11xoice No;:;lil?:'=: =...,,__...,,__ ___ ...,,__"------
·. ay the Consultant within four to six weeks after
ceipt by the Gommis n of an original invoice. Should the Commission
!test any podt~n of an invoice, that portion shall be held for resolution,
without interes .·· ut the uncontested balance shall be paid.
4.2 The finah.r•riP~nt for Services under this Agreement will be made only
after the Oonsultant has executed a Release and Certificate of Final
Payment.
Exhibit C-4
17336.00603\8581981.2
109
EXHIBIT "0"
PROPOSITION 18 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 Proposition 1 B by and through the
California Department of Transportation ("Caltrans").
1. Equal Employment Opportunity -Co.. nt must comply with Executive
Order 11246 (3 CFR, 1964-1965 Comp., p. 339,J~:'.'Equ, mployment Opportunity," as
amended by Executive Order 11375 (3 CFR, 1~56-19 ,,hemp., p. 684), "Amending
Executive Order 11246 Relating to Equal Employment . Opportunity," and as
supplemented by regulations at 41 Cii+1£hapter 60, "Office!! of Federal Contract
Compliance Programs, Equal EmploymenfOpportunity, Department of Labor."
2. Copeland "Anti-Kic~2ack" Act (18 U.S~~: •• 874 and 40 U.S.C. 276c) -
Consultant must comply with the1£Sopeland "Anti-Kickback" Act (18 U.S.C. 874), as
supplemented by Department or La~r;~r~gulations {2,~ CFR Part 3, "Consultants and
Subconsultants on Public Building. or fit! · .. Work 'Fi!!!(!lnced in Whole or in Part by
Loans or Grants from the United States"). ·e· Act provides that each contractor or
subrecipient must b~. p1'itflibited from ihe!~cing, !ifa~hy means, any person employed in
the construction, !1Q)fipletiofl, qr repairJC>J pumlic work;. to give up any part of the
compensation to W~ich he is 'otherwise ·.;lntitled. The ·Commission shall report all
suspected or reporte latio ··· the respeinsible DOE contracting officer.
3. ~.·~;e.Coil;~"'t war~ .. , rs··a:md Safety Standards Act (40 U.S.C. 327-333) -Consuj~~tit· must cof!fip!y wittr•sections 1'Cll'i and 107 of the Contract Work Hours and
Safet1t':"''ndards Ad {iti>. u.s.6 327-333)'; as supplemented by Department of Labor
regulatid · {~9 CFR Part. · Under ~~ction 102 of the Act, each Consultant is required
to compute th:~. wages of · mecht\nic and laborer on the basis of a standard work
week of 40 hol.i't; . Work in ~xcess of the standard work week is permissible provided
that the worker 1· mpensal~~ at a rate of not less than 11 /2 times the basic rate of
pay for all hours w ed in excess of 40 hours in the work week. Section 107 of the Act
is applicable to construQti:Gf11~0;Work and provides that no laborer or mechanic is required
to work in surroundings OJ;ijrtmder working conditions which are unsanitary, hazardous or
dangerous. These requirements do not apply to the purchases of supplies or materials
or articles ordinarily available on the open market, or contracts for transportation or
transmission of intelligence.
4. Rights to Inventions and Data Made Under a Contract or Agreement -
Consultant shall comply with Federal requirements and regulations pertaining to patent
rights with respect to any discovery or invention which arises or is developed in the
course of or under the Contract, and shall be in compliance with 1 O CFR 600.325 and
Appendix A-Patent and Data Rights to Subpart D, Part 600.
Exhibit D-1
17336.00603\8581981.2
110
5. Clean Air Act (42 U.S.C. 7401 et seq.), Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.), Clean Water Act (33 U.S.C. 1368), Executive Order
11738, and Environmental Protection Agency regulations (40 CFR Part 15), as
amended -Consultant shall comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (41 U.S.C. 7401 et seq.), Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq. ), Clean Water Act (33 U.S.C. 1368), Executive
Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15), as
amended. The Commission will report violations to the r~sponsible contracting officer
and the Regional Office of the Environmental Protectio. .ency (EPA).
6. Davis-Bacon Act (40 U.S.C. 276a)-,~ ant shall comply with the
Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as ~~j~f ·Jed by Department of Labor
regulations (29 CFR Part 5). '"""6
·· ;21;'*'
7. Contract Violations -Cop~~fint shall co · y, with the applicable
administrative, contractual, and legal reme~'es in instances w '~re Consultant violates
or breaches contract terms, and will be subject to sanctions and ~~nalties as may be
appropriate and as outlined in the Contract. ··
8. Termination Provisions ·::f"C()nsultant shal~1:1CC>tnply with termina ion for cause
and termination for convenience't~,rpvi' · s as oufli • in the Contract, including the
manner by which it will be effected and tli a · for se · ent.
9. Reporting -C.9.niulfant shall comply Uirements and regulations
pertaining to reporting. ¥i1ff\. ...•... •.·
: ~~ . . , ~~~011, ;}1~J:;
10. Access to D~~yments · .:_ Consult~~t shall grant access by the grantee
(Commission), the grantQt.c;ig~,~~ir(Ca,ltrans)r+the State of California, or any of their duly
authorized;;.f)r~pf~s.eptatives.,l~•i aliY L s, .. dbq,iments, papers, and records of the
Consultif:iti'which 'are.directly, ~ertinen )~that specific contract for the purpose of
making audit, examinat(q,r;i, exce~pts, and transcriptions.
•1c,;\., ''il11:r:.. ·
11. ReMiJ,!ion of Recora's;.-.. Consultant shall retain all required records for at least
three years after. Commissic>rr makes"final payment and all other pending matters are
closed. ·~ifi:?';
s;~y,
12. Energy Policyeiiland.;· Conservation Act (Pub. L. 94-163, 89 Stat. 871.) -
Consultant shall comply,,;,ilVith mandatory standards and policies relating to energy
efficiency which are cdhtained in the State energy conservation plan issued in
compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat.
871 ), which are incorporated by reference in this Contract. (10 CFR 600.236(i)(13).)
Exhibit D-2
17336.00603\8581981.2
111
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 H e above firm that I represent
have:
(a)
(b)
(c)
employed or retained for a commission;,, gercentage, brokerage,
contingent fee, or other consideration, any firm ~t1~1,person (other than a
bona fide employee working .1solely for me or the 6~pove consultant) to
solicit or secure this agreement;,, nor .. ,';i~lil~: ;~ 'Ji,'.
agreed, as an expe~S:at!fk2r implied condf~I~'~ for obtaining:this contract, to
employ or retain the services of any,.,firm or person in connection with
carrying out the agreef'rlent; nor
paid, oragreed to pay, to 1a,ny firm; organizatf~n or person (other than a
bona,Jid,f:! emJ'f~~e working. solely for''Q"[e;or the above consultant) any
fee, ributiort':!:'~donation,'';1or consideration of any kind for, or in
connect . ;3yvith, R.il;uring orcarrying out this agreement.
Sigi1'8ture
Name
Title
Date
Exhibit E
17336.00603\8581981.2
112
EXHIBIT "F"
DISCLOSURE OF LOBBYING ACTIVITIES
(ATTACH BEHIND THIS PAGE)
Exhibit F-2
17336.00603\8581981.2
113
AGENDA ITEM 12
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: April 28, 2014
TO: Western Riverside County Programs and Projects Committee
FROM: Jillian Guizado, Staff Analyst
Brian Cunanan, Commuter and Motorist Assistance Manager
THROUGH: Robert Yates, Multimodal Services Director
SUBJECT: Fiscal Year 2014/15 Measure A Commuter Assistance Buspool Subsidy
Funding Continuation Requests
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Authorize payment of $1,645/month maximum subsidy per buspool for the period
July 1, 2014 to June 30, 2015, to the existing Mira Loma, Riverside, and Riverside II
buspools;
2) Require subsidy recipients to meet monthly buspool reporting requirements as
supporting documentation to receive payments; and
3) Forward to the Commission for final action.
BACKGROUND INFORMATION:
As part of the Measure A Commuter Assistance Program, the Commission provides funding
support to buspools used by Riverside County residents for their commutes along the State
Route 91 corridor. The Commission adopted the Measure A buspool subsidy in October 1990
and established a monthly subsidy rate of $1,175 or $25/seat/month in support of commuter
buspool operations. In July 2004, the Commission set the subsidy rate at $35/seat/month
($1,645/month) to help offset increases to operational costs during the previous 14 years. To
provide additional guidance, the Commission also established a minimum buspool ridership
policy in June 1995. The policy requires staff to report to the Commission when a buspool's
ridership falls to 25 or below and to seek direction regarding the continuation of the buspool's
subsidy.
Like all commuter assistance incentives provided by the Commission to encourage use of
alternative modes of transportation, the Measure A $35/seat/month subsidy is administered as
a user end subsidy. The Commission's subsidy is an important factor that makes buspools an
attractive alternative for these commuters with roundtrip commutes in excess of 100 miles.
Also, the Commission's subsidy remains cost-effective compared to the typical public transit
subsidy rate of 83 percent. While the monthly cost of each buspool varies according to the
Agenda Item 12
114
number of route miles and the resulting negotiated service price, the Commission's monthly
subsidy reflects a subsidy rate of 13 percent.
Unlike some of the other Commission-approved ridesharing incentives that have a limited term,
the buspool subsidy is ongoing. To renew its annual subsidy, an existing buspool is required to:
• Request in writing, continuation of funding from the Commission for the new fiscal year;
• Consistently meet minimum ridership requirements; and
• Submit monthly ridership reports throughout the year.
The three existing buspools have completed all the requirements for funding as set forth by the
Commission, including the submittal of monthly ridership reports and annual funding
continuation requests. They have consistently exceeded the minimum ridership level of 25
riders per month and have collectively averaged 36 riders/month/buspool. The traffic and
environmental benefits realized in FY 2013/14 by offering this subsidy are illustrated below:
Mira Loma 30 ~120 mi 926,640
Riverside 41 ~144 mi 1,526,976
Riverside II 37 ~200 mi 1,874,400
Estimated Pounds of Emissions Reduced Miles Saved Trips Reduced
40,707 4,328,016 55,396
In reducing the number of vehicles on SR-91 during peak periods, the buspool program saved
more than 4 million miles and 40, 707 pounds of vehicle emissions in FY 2013/14.
The buspool subsidy proves to be an effective use of Measure A Commuter Assistance Program
funds and a budget of $80,000 is proposed for FY 2014/15. Based on the established monthly
$1,645/month per buspool subsidy policy, the funds will support the continuation of the three
existing buspools and the possibility for one new buspool.
Agenda Item 12
115
Financial Information
In Fiscal Year Budget: I Yes j Vear: j FY 2014/15 Amount: j $80,000
Source of Funds: I Measure A Budget Adjustment: I No
GL/Project Accounting No.: 002109 81030 263 4181002
Fiscal Procedures Approved: ~~ j Date: j 04/16/2014
Attachments:
1) Mira Loma Renewal Request
2) Riverside Renewal Request
3) Riverside II Renewal Request
Agenda Item 12
116
HARLAN ALPERT
Send correspondences to:
Harlan Alpert
5522 Sulphur Drive
Mira Loma, CA 91752
April 4, 2014
Attn.: Brian Cunanan, Commuter and Motorist Assistance Manager
Riverside County Transportation Commission
P.O. Box 12008
Riverside, CA 92502~2208
Dear Mr. Cunanan,
ATTACHMENT 1
In compliance with the requirements of the Riverside County Transportation Commission
(RCTC), I am requesting an extension of funding for the period of July l, 2014 to June 30, 2015
for the "Mira Lorna" (Mira Loma/Corona) to El Segundo Commuter Buspool. I am the buspool
operator and coordinate this buspool independently from any employer.
The monthly cost to operate this buspool from Tour Coach is $254. RCTC provides a $35
monthly subsidy per seat and the remaining $219 is provided between the riders and their
employers.
The following is the Mira Loma/Corona Buspool schedule:
(Monday -Thursday) (Friday)
AM Departure Mira Loma 4:10 a.m. 4:10a.m.
AM Departure Corona Park & Ride Lot 4:25 a.m. 4:25 a.m.
AM Arrival El Segundo 5:30 a.rn. 5:30 a.m.
PM Departure El Segundo 3:00p.m. 2:30p.m.
PM Arrival Corona Park & Ride Lot 4:30p.m. 4:00p.m.
PM Arrival Mira Loma 4:45 p.m. 4:15 p.m.
Information on this buspool is available with rideshare programs at Raytheon, Boeing,
Aerospace Corporation, and the Los Angeles Air Force base. Employees receive this
information through direct mailings, newsletter articles, and electronic messaging from these
employers. These employer rideshare programs also share this information with other local
employee transportation coordinators.
Thank you for your continued support of this successful buspool program.
Harlan Alpert
Mira Loma Buspool Operator
117
CATALINA FUENTES
Send correspondences to:
Raytheon Company
2000 E. El Segundo Blvd.
El Segundo, CA 90245-4501
April 4, 2014
Attn.: Brian Cunanan, Commuter Assistance Manager
Riverside County Transportation Commission
P.O. Box 12008
Riverside, CA 92502~2208
Dear Mr. Cunanan,
ATTACHMENT 2
In compliance with the requirements of the Riverside County Transportation Commission
(RCTC), I am requesting an extension of funding for the period of July 1, 2014 to June 30, 2015
for the "Riverside" to El Segundo Commuter Buspool. I am the buspool operator and coordinate
this buspool independently from any employer.
The monthly cost to operate this bus pool from Tour Coach is $267. RCTC provides a $35
monthly subsidy per seat and the remaining $232 is provided between the riders and their
employers.
The following is the Riverside to El Segundo Buspool schedule:
AM Departure Galleria at Tyler, Riverside 4:15 a.m.
AM Departure Corona Park & Ride Lot 4:25 a.m.
AM Arrival Raytheon, El Segundo 5:20a.m.
PM Departure Raytheon, El Segundo 3:00p.m.
PM Arrival Corona Park & Ride Lot 4:30p.m.
PM Arrival Galleria at Tyler, Riverside 4:45p.m.
Information on this buspool is available with rideshare programs at Raytheon, Aerospace
Corporation, and the Los Angeles Air Force base. Employees receive this information through
direct mailings, newsletter articl~, and electronic messaging from these employers. These
employer rideshare programs also share this information with other local employee
transportation coordinators.
Thank you for your continued support of this successful buspool program.
Sincerely,
Catalina Fuentes
Riverside Buspool Coordinator
118
TRACY HUTCHINSON
Send correspondences to:
Raytheon Company
2200 E. Imperial Highway
El Segundo, CA 90245
April 3, 2014
Attn.: Brian Cunanan, Commuter and Motorist Assistance Manager
Riverside County Transportation Commission
P.O. Box 12008
Riverside, CA 92502-2208
Dear Mr. Cunanan,
ATTACHMENT 3
In compliance with the requirements of the Riverside County Transportation Commission
(RCTC), I am requesting an extension of funding for the period of July 1, 2014 to June 30, 2015
for the "Riverside 2" to El Segundo Commuter Buspool. I am the buspool operator and
coordinate this buspool independently from any employer.
The monthly cost to operate this buspool from Tour Coach is $260. RCTC provides a $35
monthly subsidy per seat and the remaining $225 is provided between the riders and their
employers.
The following is the Riverside to El Segundo Buspool schedule:
AM Departure Riverside-Downtown Metrolink Station 4:37 a.m.
AM Departure North Main Corona Metrolink Station 5:00 a.m.
AM Arrival Raytheon, El Segundo 6:00a.m.
PM Departure Raytheon, El Segundo 4:00p.m.
PM Arrival North Main Corona Metrolink Station 5:10p.m.
PM Arrival Riverside-Downtown Metrolink Station 5:35 p.m.
Information on this buspool is available with rideshare programs at Raytheon, Boeing,
Aerospace Corporation, and the Los Angeles Air Force base. Employees receive this
information through direct mailings, newsletter articles, and electronic messaging from these
employers. These employer rideshare programs also share this information with other local
employee transportation coordinators.
Thank you for your continued support of this successful buspool program.
Sincerely,
(t__Q°I /1r;hk~
Tracy Hutchinson
Riverside Buspool Coordinator
119
AGENDA ITEM 13
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: April 28, 2014
TO: Western Riverside County Programs and Projects Committee
FROM: Jillian Guizado, Staff Analyst
Brian Cunanan, Commuter and Motorist Assistance Manager
THROUGH: Robert Yates, Multimodal Services Director
SUBJECT: Amendment to Freeway Service Patrol Agreement
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Approve Agreement No. 12-45-046-01, Amendment No. 1 to Agreement
No. 12-45-046-00, with Pepe's Towing (Pepe's) to provide freeway service patrol (FSP)
services on the Commission's Interstate 215 Central widening project in the amount of
$475,000;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute
the agreement on behalf of the Commission; and
3) Forward to the Commission for final action.
BACKGROUND INFORMATION:
At its April 2012 meeting, the Commission awarded a FSP contract to Pepe's for tow truck
services on Beat No. 19. This beat operates with two trucks on 1-215 from Alessandro
Boulevard to State Route 74/4th Street. The agreement awarded was for a three-year term with
two one-year options to extend the agreement. The agreement is currently in the initial three-
year term.
In March 2013, the Commission began construction on the 1-215 Central widening project. Per
the Traffic Management Plan, FSP must be provided during peak morning and evening
commutes when freeway shoulders are closed. Though regular FSP service does not currently
exist in the project boundaries of the 1-215 Central 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 $51.74 per hour.
DISCUSSION:
The Beat No. 19 agreement provides for the standard level of FSP services on Beat No. 19. Due
to the construction services provided, it is now necessary to amend the existing Beat No. 19
agreement to increase the total amount of the agreement by $475,000. This amount is
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projected to cover the construction FSP services provided since March 2013 through the
estimated project completion date of April 2015. Funding to support construction FSP is
provided through transfers of 2009 Measure A Western County highway funds from the 1-215
Central widening project funding.
Financial Information
In Fiscal Year Budget: I Yes I Year: I FY 2013/14
Amount: I $200,000
N/A FY 2014/15+ $275,000
Source of Funds: 12009 Measure A Western County Budget Adjustment: I
No
highway N/A
GL/Project Accounting No.: 002173 81014 00000 0000 20145 81014
Fiscal Procedures Approved: ~~ I Date: I 04/16/2014
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