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W E S T E R N R I V E R S I D E C O U N T Y P R O G R A M S A N D P R O J E C T S C O M M I T T E E
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A n d r e w K o t y u k / S c o t t M i l l e r , C i t y o f S a n J a c i n t o
K e v i n J e f f r i e s , C o u n t y o f R i v e r s i d e , D i s t r i c t I
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R e g i o n a l A g e n c i e s / R e g i o n a l P l a n n i n g ,
R e g i o n a l T r a n s p o r t a t i o n I m p r o v e m e n t P r o g r a m ( R T I P ) ,
S p e c i f i c T r a n s i t P r o j e c t s ,
S t a t e T r a n s p o r t a t i o n I m p r o v e m e n t P r o g r a m ( S T I P ) ,
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a r e a s a s m a y b e p r e s c r i b e d b y t h e C o m m i s s i o n .
C o m m e n t s a r e w e l c o m e d b y t h e C o m m i t t e e . I f y o u w i s h t o p r o v i d e c o m m e n t s t o t h e C o m m i t t e e ,
p l e a s e c o m p l e t e a n d s u b m i t a S p e a k e r C a r d t o t h e C l e r k o f t h e B o a r d .
C O M M - W R C - 0 0 0 2 2
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, September 22, 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
September 22, 2014
Page 2
5. APPROVAL OF MINUTES -AUGUST 25, 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 less than 2/3 of the
Committee members present, adding an item to the agenda requires a unanimous vote.
Added items will be placed for discussion at the end of the agenda.)
7. AGREEMENT FOR CALIFORNIA HIGHWAY PATROL CONSTRUCTION ZONE ENHANCEMENT
ENFORCEMENT PROGRAM SERVICES DURING THE CONSTRUCTION OF THE INTERSTATE
215 CENTRAL WIDENING PROJECT FROM SCOTT ROAD TO NUEVO ROAD IN THE CITIES OF
MENIFEE AND PERRIS
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This item is for the Committee to:
1) Approve Agreement No. 13-31-035-01, Amendment No. 1 to Agreement
No. 13-31-035-00, with the California Highway Patrol (CHP) for Construction Zone
Enhanced Enforcement Program (COZEEP) services during the construction of the
Interstate 215 Central widening project for an additional amount of $700,000,
resulting in a total amount not to exceed $1,080,000;
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.
Western Riverside County Programs and Projects Committee
September 22, 2014
Page 3
8. AMENDMENTS TO AGREEMENTS RELATED TO THE CONSTRUCTION OF STATE ROUTE 74
CURVE WIDENING FROM CALVERT AVENUE TO CALIFORNIA AVENUE IN THE COUNTY OF
RIVERSIDE NEAR THE CITY OF HEMET
Pages
Overview
This item is for the Committee to:
1) Approve Agreement No. 12-31-056-01, Amendment No. 1 to Agreement
No. 12-31-056-00, with RBF Consulting to provide additional construction
management (CM) materials testing and construction surveying services for the State
Route 74 curve widening project in the amount of $25,000, for a total amount not to
exceed $435,545;
2) Approve an increase in the contingency for Agreement No. 13-31-139-00 with All
American Asphalt (All American) to provide additional construction services for the
project in the amount of $200,000, for a revised total contingency of $397,000, and a
total amount not to exceed $2,367,005;
3) Approve Agreement No. 15-31-032-00related to the project with Southern California
Gas Company (SoCalGas) for utility relocation in the amount of $250,000;
4) Authorize the Chair or Executive Director, pursuant to legal counsel review, to
execute the agreements on behalf of the Commission;
5) Authorize the Executive Director to approve contingency work up to the total
authorized amount of $55,000 as may be required for the project; and
6} Forward to the Commission for final action.
9. 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.
10. ADJOURNMENT
The next Western Riverside County Programs and Projects Committee meeting is scheduled
to be held at 1:30 p.m., Monday, October 27, 2014, Board Chambers, First Floor, County
Administrative Center, 4080 Lemon Street, Riverside.
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS
COMMITTEE
ROLL CALL
September 22, 2014
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
Present :g:,
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Absent
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RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS SIGN-IN SHEET
September 22, 2014
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AGENDA ITEM 5
MINUTES
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE
Monday, August 25, 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 Ben Benoit 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
Kevin Jeffries
Frank Johnston
Scott Mann
Jesse Molina
Adam Rush
Karen Spiegel*
*Arrived after the meeting was called to order
4. PUBLIC COMMENTS
Members Absent
Andrew Kotyuk
There were no requests to speak from the public.
RCTC WRC Programs and Projects Committee Minutes
August 25, 2014
Page 2
5. APPROVAL OF MINUTES-APRIL 28, 2014
M/S/C (Hanna/Franklin) to approve the minutes as submitted.
6. ADDITIONS/REVISIONS
There were no additions or revisions to the agenda.
7. AGREEMENT FOR TOLL ORGANIZATION PLANNING SUPPORT SERVICES
Michael Blomquist, Toll Project Director, presented the scope of the agreement for toll
organization planning support services.
M/S/C (Busch/Spiegel) to:
1) Award Agreement No. 14-31-155-00 to Cambria Solutions, Inc.
(Cambria) for toll organization planning support services in the amount
of $218,840, plus a contingency amount of $31,160, for a total amount
not to exceed $250,000;
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.
8. AGREEMENT WITH SC ENGINEERING FOR THE PREPARATION OF CONSENT TO
COMMON USE AGREEMENTS, LEGAL DESCRIPTIONS, AND PLATS TO REESTABLISH
UTILITY COMPANIES' PRIOR RIGHTS RELOCATED BY THE STATE ROUTE 74 WIDENING
PROJECT BETWEEN DEXTER AVENUE IN THE CITY OF LAKE ELSINORE AND 7TH STREET
IN THE CITY OF PERRIS AND DONATION AGREEMENT TO TRANSFER MITIGATION
PROPERTY TO THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION
AUTHORITY
Alex Menor, Capital Projects Manager, presented the scope of the agreement with SC
Engineering for the preparation of consent to common use agreements, legal
descriptions, and plats to reestablish utility companies' prior rights relocated by the
State Route 74 widening project between Dexter Avenue in the city of Lake Elsinore and
7th Street in the city of Perris and donation agreement to transfer mitigation property to
the Western Riverside County Regional Conservation Authority.
Commissioner Kevin Jeffries asked that the Commission consult with the city of Lake
Elsinore regarding the parcels of land because the city is in the process of designating
routes for emergency services.
RCTC WRC Programs and Projects Committee Minutes
August 25, 2014
Page 3
M/S/C (Jeffries/Benoit) to:
1) Award Agreement No. 14-31-163-00 to SC Engineering for engineering
services for the preparation of consent to common use agreements
(CCUAs), legal descriptions, and plat maps to establish utility easements
for utilities with prior rights relocated by the State Route 74 widening
project between Dexter Avenue in the city of Lake Elsinore and ih
Street in the city of Perris, for an amount of $134,358, plus a
contingency amount of $13,450, for a total amount not to exceed
$147,808;
2) Approve the Donation Agreement No. 15-31-018-00 between the
Commission and the Western Riverside County Regional Conservation
Authority (RCA) granting land acquired for mitigation purposes on the
SR-74 widening project;
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.
9. QUITCLAIM DEED CONTAINING COVENANTS AND RESTRICTIONS INCLUDING A POWER
OF TERMINATION AND THE OPTION TO PURCHASE AGREEMENT FOR THE OLD
ELSINORE MUSEUM LINE
Mark Lancaster, Right of Way Manager, presented the details of the quitclaim deed
containing covenants and restrictions including a power of termination and the option
to purchase agreement for the Old Elsinore Museum Line.
In response to Commissioner Jesse Molina's question regarding interference with the
spur line, Mark Lancaster stated the spur line will not interfere with the operations of
the Perris Valley Line.
M/S/C (Spiegel/Mann) to:
1) Approve the quitclaim deed containing covenants and restrictions
including a power of termination (quitclaim deed) and the option to
purchase agreement (agreement) between the Commission and the city
RCTC WRC Programs and Projects Committee Minutes
August 25, 2014
Page 4
of Perris for the Old Elsinore Museum Line (OEML) as well as the area
between ih and 10th Streets (conveyed properties);
2) Authorize the Chair or Executive Director, pursuant to legal counsel
review, to execute the quitclaim deed and the agreement on behalf of
the Commission; and
3) Forward to the Commission for final action.
10. AGREEMENT WITH M. S. CONSTRUCTION MANAGEMENT GROUP FOR THE
CONSTRUCTION OF THE RIVERSIDE DOWNTOWN STATION OPERATIONS CONTROL
CENTER IN THE CITY OF RIVERSIDE
Patti Castillo, Capital Projects Manager, presented the scope of the agreement with
M. S. Construction Management Group for the construction of the Riverside Downtown
Station operations control center.
In response to Commissioner Karen Spiegel's question regarding discrepancies, Patti
Castillo stated the discrepancies are the cost of the emergency generator and the extra
utilities that were added after the engineers estimate was done.
M/S/C (Busch/Benoit) to:
1) Award Agreement No. 14-31-149-00 to M. S. Construction Management
Group for the construction of the Riverside Downtown Station
Operations Control Center (RDNOCC), in the amount of $1,533,891, plus
a contingency amount of $153,389, for a total amount not to exceed
$1,687,280, pending final bid analysis;
2) Authorize the Chair or Executive Director, pursuant to legal counsel
review, to execute the agreement on behalf of the Commission;
3) Amend the FY 2014/15 Commuter Rail Short Range Transit Plan (SRTP)
to allocate an additional $250,000 of Transportation Development Act
(TDA) State Transit Assistance (STA) funds for construction of the
RDNOCC;
4) Reprogram $100,000 of STA funds from the Perris Multimodal project to
the RDNOCC;
5) Approve an increase of $737,280 in FY 2014/15 budgeted expenditures
for the RDNOCC project;
6) Approve an increase of $350,000 in FY 2014/15 budgeted transfer in to
the RDNOCC and corresponding transfer out from the STA fund;
7) Authorize the Executive Director to approve contingency work as may
be required for the project; and
8) Forward to the Commission for final action.
RCTC WRC Programs and Projects Committee Minutes
August 25, 2014
Page 5
11. FISCAL VEAR 2014/15 SAN BERNARDINO ASSOCIATED GOVERNMENTS AGREEMENT
FOR INLAND EMPIRE RIDESHARE AND 511 SERVICES
Brian Cunanan, Commuter and Motorist Assistance Manager, presented the details of
the FY 2014/15 San Bernardino Associated Governments agreement for Inland Empire
rideshare and 511 services.
M/S/C (Jeffries/Hanna) to:
1) Approve Agreement No. 15-41-031-00 with the San Bernardino
Associated Governments (SANBAG) as part of the Commission's
continuing bi-county partnership with SANBAG to deliver
commuter/employer rideshare services and operation of the Inland
Empire 511 (IE511) system for FY 2014/15 for an amount not to exceed
$1,648,300;
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.
12. COMMISSIONERS/ STAFF REPORT
12A. John Standiford briefed the Commissioners on the active transportation project
awards.
13. 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 2:00 p.m. The next
meeting of the Western Riverside County Programs and Projects Committee is
scheduled for September 22, 2014, at 1:30 p.m.
Respectfully submitted,
Jennifer Harmon
Clerk of the Board
AGENDA ITEM 7
DATE:
TO:
FROM:
THROUGH:
SUBJECT:
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
September 22, 2014
Western Riverside County Programs and Projects Committee
Alex Menor, Capital Projects Manager
Marlin Feenstra, Project Delivery Director
Agreement for California Highway Patrol Construction Zone Enhancement
Enforcement Program Services During the Construction of the Interstate 215
Central Widening Project from Scott Road to Nuevo Road in the Cities of
Menifee and Perris
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Approve Agreement No. 13-31-035-01, Amendment No. 1 to Agreement
No. 13-31-035-00, with the California Highway Patrol (CHP) for Construction Zone
Enhanced Enforcement Program (COZEEP) services during the construction of the
Interstate 215 Central widening project for an additional amount of $700,000, resulting
in a total amount not to exceed $1,080,000;
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 September 2012 meeting, the Commission awarded the construction agreement for the
1-215 Central widening project between Scott Road and Nuevo Road in the cities of Menifee
and Perris to Skanska USA Civil West (Skanska). This project will extend the third mixed flow
lane from Scott Road to Nuevo Road resulting in three continuous mixed flow lanes in each
direction from 1-15 to the 60/91/215 interchange.
At its October 2012 meeting, the Commission approved the necessary funding and scoping
agreements needed during construction. These construction support services include design
support by URS Corporation, COZEEP services by the CHP, and Native American monitoring by
the Pechanga Band of Luiseno Indians.
At this time, the construction of the project is about 60 percent complete and is on schedule.
Recently, staff and Skanska made some changes to the project staging to allow the new lanes in
the south half of the project (about 6 miles) to be opened to traffic by the end of 2014, which is
several months earlier than originally planned.
Agenda Item 7
1
CHP COZEEP SERVICES
The original authorization for COZEEP services was $380,000. COZEEP expenditures to date
have been higher than originally estimated due to additional CHP COZEEP services associated
with two traffic incidents that occurred in July 2013 and July 2014 and affected bridge
falsework resulting in repairs at Perris Boulevard, more nighttime lane closures than
anticipated, and additional freeway closures added to accelerate the construction work
between Scott Road and Ethanac Road for early opening of new lanes to traffic by the end of
2014.
Staff reviewed expenditures to date and estimates the need for an additional $700,000 in
COZEEP services for monitoring traffic during construction of the project. Staff coordinated
with the CHP to develop an amendment to the CHP COZEEP agreement and add this amount for
a total amount not to exceed $1,080,000.
There are sufficient funds included in the FY 2014/15 budget for these additional expenditures
related to the project. Additionally, there are remaining State Transportation Improvement
Program and Proposition lB Corridor Mobility Improvement Account funds available for these
additional costs.
I Financial Information
In Fiscal Year Budget: I Yes I Year: I FY 2014/15 Amount: I $700,000
Source of Funds: I CMIA, STIP Budget Adjustment: I. No
GL/Project Accounting No.: 003023 81301262 3181301 $700,000
Fiscal Procedures Approved: ~~ J Date: I 09/11/2014
Attachment: Agreement No. 13-31-035-01, Amendment No. 1 to Agreement No.
13-31-035-00, with the CHP for COZEEP Services
Agenda Item 7
2
I
STATE OF CALIFORNIA
STANDARD AGREEMENT AMENDMENT
STD. 213 A (Rev 6103) Agreement No. 13-31-035-01
ANALYST INITIALS: SO D CHECK HERE w ADDJTIONAL J'AGES ARE ATTACHED __ Pages AGREEMENT NUMBER AMENDMENT NUMBER
12R685000 1 --------<
REGISTRATION NUMBER
.-:::======·········· --
1. . This Ag~l'l"\~Q.t is-entered into betwt:ie11 the State Agency and contractor name~ below: ·
SlATEAGENCY'S NAME ------·
~ Dep~1!!!1~J1!0f California Highwal'.UJ>~!!!>~l ____ _
CONTRACTEE'S NAME
_Rivei:.sjde C2:t:J!1lY-Transportation C2mmission
2. The term of this
-~·-·····--~f!~~-n,:ient is _____ _ FehE~~1J. 2013 tln·ough December 3 2015
3. The maximum amount of this $1,079,950. 72
--~~greement after this amendment ~:_ One Million Seventy-Nine Thousand Nine Hu~~red Fifty Dollars and Seventy-Two Cents
4. The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part
of the Agreement and incorporated herein:
Agreement l 2R685000, dated 02/01/2013, is hereby amended to add funds in the amount of Seven
Hundred Thousand Dollars and Zero Cents ($700,000.00) effective immediately.
Page 1, Item 3 (Maximum Amount), is revised to read: The maximum amount of this Agreement is One
Million, Seventy-Nine Thousand Nine Hundred Fifty Dollars and Seventy-Two Cents ($1,079,950.72).
All references to Page 1, Item 3 (Maximum Amount), in the body of this Agreement and in any Exhibits
hereto shall be deemed to read One Million, Seventy-Nine Thousand Nine Hundted Fifty Dollars and
Seventy-Two Cents ($1,079,950.72).
All other terms and conditions shall remain the same.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CON TRAC TEE
CONTRACTEE'S NAME (Jf other than an irKIMduaJ, state whether~ corpcration, partnership. etc.}
Riverside County Trans 01tation Commission
BY (Authorized Signature)
PRINTED NAME AND TITLE OF PERSON SIGNING
Anne Mayer, Executive Director
ADDRESS
4080 Lemon Street, 3rd Floor Annex
Rivernide, CA 9250 I
STATE OF CALIFORNIA
AGENCY NAME
De artment of California Highway Patrol
BY (Authorized Signature)
Ji6
PRINTED NAME AND TITLE Of PERSON SIGNING
DATE SIGNED (Do not type)
DATE SIGNED {Do not type)
T. L. ANDERSON, Assistant Chief, Administrative Services Division
ADDRESS
P.O. Box 942898, Sacramento, CA 94298~0001
3
CALIFORNIA
Department of General Services
UseOilly
0 Exempt per:
STATE OF CALIFORNIA
STANDARD AGREEMENT AMENDMENT Agreement No. 13-31-035-01
STO, 213 A (Rev 6/03)
ANAL Y\lr INITIA\.S: $0 O CHECKIIEREIFADDffiONALPAGESAREATfACIIED ___ Pages AGREEMENTNUMBER ·· "!IMENDMENTNUMBER
12R685000 l -----;
REGISTRATION NUMBER
============--·-··········----·--
This Agreement i8-... en.tered into between the .§t~t~.Agen_2Y.~rnd Contra~!OI named below: 1.
STATE AGENCY'S NAME
Department of Ca_lif()rnia Highway Patrol .. ______ _
CONTRACTEE'S NAME
Riverside Cou~ Jransportation Com!~issio1_1 ____ _
The term of this 2.
-
Agreement is _ February 1, 2013 through Dece111~~E}l, 2015
3. The maximum amount of this $1,079~950.72
Agreement after this amendment i5-:. One Million Scve1~ttNi11~·1110usand Nine Hundred F!~Y l!°.~~~ and Seventy-Two~c:i!~--
4. The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part
of the Agreement and incorporated herein:
Agreement 12R685000, dated 02/01/2013, is hereby amended to add funds in the amount of Seven
Hundred Thousand Dollars and Zero Cents ($700,000.00) effective immediately.
Page 1, Item 3 (Maximum Amount), is l'evised to read: The maximum amount of this Agreement is One
Million, Seventy-Nine Thousand Nine Hundred Fifty Dollars and Seventy-Two Cents ($1,079,950.72).
All refel'ences to Page 1, Item 3 (Maximum Amount), in the body of this Agreement and in any Exhibits
hereto shall be deemed to read One Million, Seventy-Nine Thousand Nine Hundred Fifty Dollars and
Seventy-Two Cents ($1,079,950.72).
All other terms and conditions shall remain the same.
JN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTEE
CALIFORNIA
Department of General Services
CONTRACTEE'S NAME (If other tlmn en individual, state whether!' col[Xlration, partnership, etc.}
Use Only
Riverside County Transportation Commission
. BY (Autllolized Signature) I DATE SIGNED (Do not type)
RS
PRINTED NAME ANO TITLE OF PERSON SIGNING
Alme Mayer, Executive Director
ADDRESS
4080 Lemon Street, 3rd Floor Annex
Riverside, CA 92501
STATE OF CALIFORNIA
AGENCY-NAME
Department of California Highway Patrol
BY (Aulll<>rized Signature} j DATE SIGNE:: notlype)
RS
PRINTED NAME AND TITLE OF PERSON SIGNING 0 Exempt per:
T. L. ANDERSON, Assistant Chief, Administrative Services Division
ADDRESS
P.O. Box 942898, Sacramento, CA 94298-0001
4
AGENDA ITEM 8
DATE:
TO:
FROM:
THROUGH:
SUBJECT:
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
September 22, 2014
Western Riverside County Programs and Projects Committee
Patti Castillo, Capital Projects Manager
Marlin Feenstra, Project Delivery Director
Amendments to Agreements Related to the Construction of State Route 74
Curve Widening from Calvert Avenue to California Avenue in the County of
Riverside Near the City of Hemet
STAFF RECOMMENDATION:
This item is for the Commission to:
1) Approve Agreement No. 12-31-056-01, Amendment No. 1 to Agreement
No. 12-31-056-00, with RBF Consulting to provide additional construction management
(CM) materials testing and construction surveying services for the State Route 74 curve
widening project in the amount of $25,000, for a total amount not to exceed $435,545;
2) Approve an increase in the contingency for Agreement No. 13-31-139-00 with
All American Asphalt (All American) to provide additional construction services for the
project in the amount of $200,000, for a revised total contingency of $397,000, and a
total amount not to exceed $2,367,005;
3} Approve Agreement No. 15-31-032-00 with Southern California Gas Company
(SoCalGas) for utility relocation in the amount of $250,000;
4) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute
the agreements on behalf of the Commission;
5) Authorize the Executive Director to approve contingency work up to the total
authorized amount of $55,000 as may be required for the project; and
6) Forward on to the Commission for final action.
BACKGROUND INFORMATION:
The SR-74 curve widening project located near the city of Hemet in Riverside County is the last
remaining Western County highway project named in the 1989 Measure A Expenditure Plan.
The project widens the highway between Calvert and California Avenues, a distance of
approximately 1.1 miles. The widening occurs along the south side of SR-74 and provides two
standard lanes and shoulder in each direction and a 14-foot wide painted median and
modifications to the existing traffic signal at Four Seasons Boulevard.
In July 2012, the Commission approved Agreement No. 12-31-056-00 with RBF Consulting for
CM services, material testing, and construction surveying services in the amount of $373,223
plus a contingency amount of $37,322, for a total amount not to exceed of $410,545. In
Agenda Item 8
5
December 2013, the Commission approved Agreement No. 13-31-139-00 with All American in
the amount of $1,970,005 for construction plus a contingency amount of $197,000, to fund
potential change orders and supplemental work, for a total amount not to exceed $2,167,005.
The construction phase of this project is 100 percent funded with 1989 Measure A Western
County highway funds. Construction activity began on May 16 and was expected to be
completed in approximately four months.
On June 11, a conflict with an existing 6-inch diameter high pressure gas line was discovered on
the south side of SR-74 west of Four Seasons Boulevard. Construction was suspended on June
12 until arrangements could be made for the relocation of the conflicting utility. During this
suspension, staff notified and coordinated with SoCalGas to prepare a utility relocation
agreement, a utility relocation plan, and to arrange for a longitudinal encroachment permit
from Caltrans. During this time, traffic was restricted to one lane in each direction. Due to the
uncertainty of the gas line relocation completion date, the project staging was revised to finish
the paving work east of the gas line relocation, allowing traffic to use all four lanes throughout
most of the project. The restaged work was completed on September 12 and project
suspension resumed on September 15. The project will remain in suspension until
encroachment issues with Caltrans are resolved and SoCalGas completes the relocation work.
There are 46 working days of construction remaining.
While staff is continuing to collect information on this matter, it is believed the location of the
gas line on the plans represents an error on the part of the designer; if so, staff will seek redress
for the associated costs and liabilities. The design consultant has been notified.
SoCalGas completed design of the utility relocation plan and the arrangement for longitudinal
encroachment is with Caltrans for approval.
The project's unplanned suspension and delays will increase the costs for CM services and
construction change orders. Staff is requesting amendments to the existing agreements for an
additional $25,000 for RBF Consulting CM services and $200,000 for All American to remobilize
and complete construction.
Additionally, staff requests approval of an agreement with SoCalGas for utility relocation at an
estimated cost of $250,000; however this cost is pending resolution of the encroachment
issues. Services related to utility coordination with SoCalGas have been addressed by issuing a
task order to one of the Commission's on-call right of way consultants for $27,000.
Due to the uncertainty of future developments related to this issue, staff is also requesting
approximatly 11 percent contingency of $55,000.
Agenda Item 8
6
Financial Information
In Fiscal Year Budget: I Yes I Year: I FY 2014/15 Amount: I $557,000
Source of Funds: 11989 Measure A Western County Highway Budget Adjustment: I No
003009 81301 222 3181301 $222,000 Construction
GL/Project Accounting No.: 003009 81302 222 3181301 $ 28,000 Construction Management
003009 81402 222 3181402 $307,000 ROW Support Costs
Fiscal Procedures Approved: ~~ I Date: I 09/15/2014
Attachments:
1) Draft Agreement No. 12-31-056-01
2) Utility Agreement Template
Agenda Item 8
7
ATTACHMENT 1
Agreement No. 12-31-056-01
AMENDMENT NO. 1 TO AGREEMENT
WITH
RBF CONSULTING, A BAKER COMPANY,
FOR
CONSTRUCTION MANAGEMENT, MATERIALS TESTING AND CONSTRUCTION
SURVEYING SERVICES
FOR THE STATE ROUTE 74 WIDENING BETWEENr;CALVERT AVENUE AND
CALIFORNIA AVENUE IN HEMET, CA
c ••• ~' '·'''';>,<' !i
1. PARTIES AND DATE
This Amendment No. 1 to the Agreement for Construction Management, Materials
Testing and Construction Surveying Services is made and entered into as of this
day of , 2014, by and bet\fv'.~er:i the RIVE.~SIDE COUNTY
TRANSPORTATION COMMISS,IQN ("CommissLg,n")"i'and RBF CGNSULTING, a
BAKER COMPANY ("1Consultanf1},"a.California corporation.
2. RECITALS
2.1 The Commission and the Consultant have. entered into an agreement
dated September .20, 2012 for the purpose of providing construction
management (CM),,. materials''festing and construction surveying services
forthe State Route 74Wi~,ening project (the "Master Agreement").
2J2 The parties now<desire to amend the Master Agreement in order to
provide additional compensation for the continued provision of CM
services.
3. TERMS
3.1 The maximum compensation for Services performed pursuant to this
Amendment shall be [written total] ($ ), as further set forth in
Exhibit "C" 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 amount of the Master Agreement, as amended by
this Amendment No. X, shall be increased from [written total]
($ ) to [written total] ($ ).
1
17336.00000\1514236.2
8
3.3 The Master Agreement shall be amended to add the following as a
new Section 3.43:
3.43 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 thirdparty lawsuit or other legal
or administrative proceeding against the Commission during
the term of this Agreement.
3. 7 Except as amended by this Amendment; all provisions of the Master
Agreement, 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 Amen9ment.
[Signatures on following page]
2
17336.0000011514236.2
9
SIGNATURE PAGE
TO
AGREEMENT NO. 12-31-056-01
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 FCi>RM:
By:
Best Best & Krieger t.l:P
Counsel to the Riverside County
Transportation Commission
17336.00000\1514236.2
, ~lgnature
Name
Title.
3
10
ATTACHMENT 2
RIVERSIDE COUNTY TRANSPORTATION COMISSION
UTILITY AGREEMENT
(RCTC Agreement No.: __ _
Page 1 ofS
DISTRICT COUNTY
08 RIV
ROUTE
74
POST MILE
34.8/35.92
EA
ON360
FEDERAL AID NUMBER
N/A
OWNER'S PLAN NUMBER
WO # , WR# , Drawing #
FEDERAL PARTICIPATION
On the project D YES [g) NO On the Utilities D YES [g) NO
UTILITY AGREEMENT NO. 23399 DATE
The Riverside County Transportation Commission hereinafter called "RCTC" in conjunction with Caltrans
"STATE" proposes to improve the existing State Route 74 (SR-74) between Calvert Avenue and California
Avenue. The project limit extends approximately 1.12 miles from PM 34.80 to PM 35.92, in the City of
Hemet and unincorporated area within Riverside County.
The proposed improvements consist of widening the existing SR-74 along the south side of the road
(eastbound). This would allow for the shoulders, lanes, and median widths to be increased to meet the
Caltrans Highway Design Manual (HOM) standards (8-foot wide shoulders, two 12-foot lanes in each
direction and a 14-foot wide painted median). The project would require the construction of a new roadway
section and existing pavement rehabilitation along the south side of SR-74 from Calvert Avenue to
California Avenue to accommodate the improvements. The existing pavement along the north side from
California Avenue to Four Seasons Drive will not be removed since it was rehabilitated as part of the Four
Seasons Development. The existing pavement along the south side will be rehabilitated by placement of
an asphalt overlay. The north leg of Calvert Avenue will be realigned to join SR-74 at a 90 degree angle.
And
Southern California Gas Company, hereinafter called "OWNER," with a place of business at 1981 W.
Lugonia Ave. Redlands, CA 92373-9796, owns and maintains an underground 6-inch high pressure natural
gas facility located within the limits of the project that requires relocation as the facility is in conflict with the
proposed street improvement work.
It is hereby mutually agreed that:
I. WORK TO BE DONE
In accordance with Notice to Owner No. 23399, dated 2014, OWNER shall relocate
gas facilities to allow the construction of the SR 7 4 street improvement work. The relocation
work requires lowering of existing 6"HP gas facilities within SR 74. All work shall be
performed substantially in accordance with OWNER's Plan/WO # copies of
which are on file at the District office of the Department of Transportation, at 464 W. 4th
Street, San Bernardino, CA 92401-1400.
Deviations from the OWNER's plan described above initiated by either the RCTC or the
OWNER, shall be agreed upon by both parties hereto under a Revised Notice to Owner.
Such Revised Notices to Owner, approved by RCTC and agreed to/acknowledged by the
OWNER, will constitute an approved revision of the OWNER's plan described above and are
hereby made a part hereof. No work under said deviation shall commence prior to written
execution by the OWNER of the Revised Notice to Owner. Changes in the scope of the
work will require an amendment to this Agreement in addition to the revised Notice to Owner.
11
RIVERSIDE COUNTY TRANSPORTATION COMISSION
UTILITY AGREEMENT
II. LIABILITY FOR WORK
(RCTC Agreement No.: ___ ~
Page 2 ofS
Existing facilities are located in their present position pursuant to rights superior to those of
the RCTC and will be relocated at RCTC expense.
Ill. PERFORMANCE OF WORK
OWNER agrees to perform the herein described work with its own forces or to cause the
herein described work to be performed by the OWNER's contractor, employed by written
contract on a continuing basis to perform work of this type, and to provide and furnish all
necessary labor, materials, tools, and equipment required therefore, and to prosecute said
work diligently to completion.
Use of out-of-state personnel (or personnel requiring lodging and meal "per diem" expenses)
will not be allowed without prior written authorization by RCTC representative. Requests for
such authorization must be contained in OWNER's estimate of actual and necessary
relocation costs. OWNER shall include an explanation why local employee or contract labor
is not considered adequate for the relocation work proposed. Per Diem expenses shall not
exceed the per diem expense amounts allowed under the State's Department of Personnel
Administration travel expense guidelines.
Pursuant to Public Works Case No. 2001-059 determination by the California Department of
Industrial Relations dated October 25, 2002, work performed by OWNER's contractor is a
public work under the definition of Labor Code Section 1720(a) and is therefore subject to
prevailing wage requirements. OWNER shall verify compliance with this requirement in the
administration of its contracts referenced above.
IV. PAYMENT FOR WORK
RCTC shall pay its share of the actual and necessary cost of the herein described work
within 45 days after receipt of five (5) copies of OWNER's itemized bill, signed by a
responsible official of OWNER's organization and prepared on OWNER's letterhead,
compiled on the basis of the actual and necessary cost and expense incurred and charged
or allocated to said work in accordance with the uniform system of accounts prescribed for
OWNER by the California Public Utilities Commission, Federal Energy Regulatory
Commission or Federal Communications Commission, whichever is applicable.
It is understood and agreed that RCTC will not pay for any betterment or increase in capacity
of OWNER's facilities in the new location and that OWNER shall give credit to RCTC for the
"used life" or accrued depreciation of the replaced facilities and for the salvage value of any
material or parts salvaged and retained or sold by OWNER.
Not more frequently than once a month, but at least quarterly, OWNER will prepare and
submit progress bills for costs incurred not to exceed OWNER's recorded costs as of the
billing date less estimated credits applicable to completed work. Payment of progress bills
not to exceed the amount of this Agreement may be made under the terms of this
Agreement. Payment of progress bills which exceed the amount of this Agreement may be
made after receipt and approval by RCTC of documentation supporting the cost increase
and after an Amendment to this Agreement has been executed by the parties to this
Agreement.
12
RIVERSIDE COUNTY TRANSPORTATION COMISSION
UTILITY AGREEMENT
(RCTC Agreement No.: __ ~
Page 3 of5
The OWNER shall submit a final bill to RCTC within 360 days after the completion of the
work described in Section I above. If RCTC has not received a final bill within 360 days after
notification of completion of OWNER's work described in Section I of this Agreement, and
RCTC has delivered to OWNER fully executed easement deeds, Consents to Common Use
or Joint Use Agreements as required for OWNER'S facilities, RCTC will provide written
notification to OWNER of its intent to close its file within 30 days and OWNER hereby
acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have
been abandoned. If RCTC processes a final bill for payment more than 360 days after
notification of completion of OWNER's work, payment of the late bill may be subject to
allocation and/or approval by the RCTC Board.
The final billing shall be in the form of an itemized statement of the total costs charged to the
project, less the credits provided for in this Agreement, and less any amounts covered by
progress billings. However, RCTC shall not pay final bills which exceed the estimated cost of
this Agreement without documentation of the reason for the increase of said cost from the
OWNER and approval of documentation by RCTC. Except, if the final bill exceeds the
OWNER's estimated costs solely as the result of a revised Notice to Owner as provided for
in Section I, a copy of said revised Notice to Owner shall suffice as documentation. In either
case, payment of the amount over the estimated cost of this Agreement may be subject to
allocation and/or approval by the RCTC Board.
In any event if the final bill exceeds 125% of the estimated cost of this Agreement, an
Amended Agreement shall be executed by the parties to this Agreement prior to the
payment of the OWNER'S final bill. Any and all increases in costs that are the direct result of
deviations from the work described in Section I of this Agreement shall have the prior
concurrence of RCTC.
Detailed records from which the billing is compiled shall be retained by the OWNER for a
period of three years from the date of the final payment and will be available for audit by
State and/or Federal auditors. Owner agrees to comply with Contract Cost Principles and
Procedures as set forth in 48 CFR, Chapter 1, Part 31, et seq., 23 CFR, Chapter 1, Part 645,
and/or 18CFR, Chapter 1, Parts 101, 201 et al. If a subsequent State and/or Federal audit
determines payments to be unallowable, OWNER agrees to reimburse RCTC upon receipt
of RCTC billing.
V. GENERAL CONDITIONS
All costs accrued by OWNER as a result of RCTC's request of June 18. 2014 to review, study
and/or prepare relocation plans and estimates for the project associated with this Agreement
may be billed pursuant to the terms and conditions of this Agreement.
If RCTC's project which precipitates this Agreement is canceled or modified so as to eliminate
the necessity of work by OWNER, RCTC will notify OWNER in writing and RCTC reserves the
right to terminate this Agreement by Amendment. The Amendment shall provide mutually
acceptable terms and conditions for terminating the Agreement.
All obligations of RCTC under the terms of this Agreement are subject to the allocation of funds
by the RCTC Board.
OWNER shall submit a Notice of Completion to RCTC within 30 days of the completion of the
work described herein.
13
RIVERSIDE COUNTY TRANSPORTATION COMISSION (RCTC Agreement No.: ___ ~
UTILITY AGREEMENT Page 4 of 5
Where OWNER has prior rights in areas which will be within the highway right of way and
where OWNER's facilities will remain on or be relocated on STATE highway right of way, a
Joint Use Agreement or Consent to Common Use Agreement shall be executed by the
parties.
RCTC represents and warrants that this Utility Agreement is not subject to 23 CFR 635.410,
the BA provisions.
Each person signing this Agreement has the full authority to sign this Agreement on behalf
of the party for which he or she is signing and also has the ability to bind that party to the
obligations and commitments set forth in this Agreement.
THE ESTIMATED COST TO RCTC FOR THE ABOVE DESCRIBED WORK IS..._$ __ _
Signatures on Following Page
14
RIVERSIDE COUNTY TRANSPORTATION COMISSION
UTILITY AGREEMENT
(RCTC Agreement No.: ___ ~
Page 5 ofS
SIGNATURE PAGE
TO
UTILITY AGREEMENT NO. 23399
IN WITNESS WHEREOF, the above parties have executed this SR 74 Curve Project Utility Agreement as of the day
and year first above written.
RCTC: OWNER:
SOUTHERN CALIFORNIA GAS COMPANY
By _________________ _ By ______________ ~
Riverside County Transportation Commission/Date NAME Date
Title ____________ _ Title: Regional Pipeline Project Manager
APPROVED AS TO FORM:
BEST BEST & KRIEGER LLP
By ________________ _
General Counsel
Riverside County Transportation Commission
APPROVAL RECOMMENDED:
By:~~~~~~~~~~~-
Michael Parker Date
Utility Manager
Overland, Pacific & Cutler, Inc.
15