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09 September 22, 2014 Western Riverside County Programs and Projects• TIME: DATE: LOCATION: • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE MEETING AGENDA 1:30 p.m. Monday, September 22, 2014 BOARD ROOM County of Riverside Administrative Center 4080 Lemon Street, First Floor, Riverside ~ COMMITTEE MEMBERS ~ Frank Johnston, Chair I Micheal Goodland, City of Jurupa Valley Ben Benoit, Vice Chair/ Timothy Walker, City of Wildomar Deborah Franklin I Art Welch, City of Banning Karen Spiegel/ Eugene Montanez, City of Corona Adam Rush/ Ike Bootsma, City of Eastvale Scott Mann I Wallace Edgerton, City of Menifee Jesse Molina I George E. Price, 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 ~STAFF~ Anne Mayer, Executive Director John Standiford, Deputy Executive Director ~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. Comments are welcomed by the Committee. If you wish to provide comments to the Committee, please complete and submit a Speaker Card to the Clerk of the Board. COMM-WRC-00022 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 Pagel Ovef'View 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:, ,;r- ~ ~ ::: ~ LI ~ Absent LI LI LI LI LI LI LI LI LI ~ Ll RIVERSIDE COUNTY TRANSPORTATION COMMISSION WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS SIGN-IN SHEET September 22, 2014 NAME r AGENCY E MAILADDRESS -t. Not/"1/1'1-/VJo.1!£.ND L/;t:t?t--eY Jt:-5~1!- Tum9.1 J:Vk_ ~ ~ .i~ L<-.·Y( ~J'.'.}-n Y1 I V11n / t tl v.r--1 t! / ~ '"1-p./ f1/' If. Jh,.,z~ J ~Jc_ ~~'-.c;-~ ~)~ \)fl,~ ;;(? )~-4_/ ~/=/L/Cfl::~ I ~4.-VJ,l/J~ . L-(/,d f /~~ EP~£r71fl?,) !-{ ~~ ~l /-e--e' ~}l.21.. ~/)~ fc~ !vt Pr/?.,c at<..( ' AJWc~'7 J? \ {/~JI/I~ Ci7 4U , - 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