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04 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. 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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 ~ ~ D : D * ~ Absent D D D D ;;r D D ,Ef D D ft D 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. L:\PROPOSAL\ZZZ366Jl -I15_RRCR IC Env\PAED Scope and Budget 04_10_14.doc 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 L:\PROPOSAL\ZZZ366Jl -I15_RRCR IC Env\PAED Scope and Budget 04_10_14.doc 2 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. L:\PROPOSAL\ZZZ366Jl -I15_RRCR IC Env\PAED Scope and Budget 04_10_14.doc 3 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 L:\PROPOSAL\ZZZ366Jl -115_RRCR IC Env\PAED Scope and Budget 04_10_14.doc 4 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. L:\PROPOSAL\ZZZ366Jl -115_RRCR IC Env\PAED Scope and Budget 04_10_14.doc 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: L:\PROPOSAL\ZZZ366Jl -I15_RRCR IC Env\PAED Scope and Budget 04_10_14.doc 6 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. L:\PROPOSAL\ZZZ366Jl -IlS_RRCR IC Env\PAED Scope and Budget 04_10_14.doc 41 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 42 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. 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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. B-1 81 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 B-2 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. B-4 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. B-6 86 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. B-7 87 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 89 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 Agenda Item 13 120 ----------------------------------~ 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 Agenda Item 13 121