HomeMy Public PortalAbout09 September 25, 2017 Western Riverside County Programs and ProjectsComments 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.
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE
MEETING AGENDA
TIME: 1:30 p.m.
DATE: Monday, September 25, 2017
LOCATION: BOARD ROOM
County of Riverside Administrative Center
4080 Lemon Street, First Floor, Riverside
COMMITTEE MEMBERS
Deborah Franklin, Chair / Art Welch, City of Banning
Adam Rush, Vice Chair / Clint Lorimore, City of Eastvale
Karen Spiegel / Randy Fox, City of Corona
Brian Berkson / Verne Lauritzen, City of Jurupa Valley
Neil Winter / John Denver, City of Menifee
Victoria Baca / To Be Appointed, City of Moreno Valley
Berwin Hanna / Ted Hoffman, City of Norco
Michael Vargas / Rita Rogers, City of Perris
Andrew Kotyuk / Scott Miller, City of San Jacinto
Ben Benoit / Timothy Walker, City of Wildomar
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,
Intermodal 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.
COMM-WRC-00042
Riverside County Transportation Commission
TO: Riverside County Transportation Commission
FROM: Jennifer Harmon, Clerk of the Board
DATE: September 20, 2017
SUBJECT: Possible Conflicts of Interest Issues — Western Riverside County Programs and
Projects Committee Agenda of September 25, 2017
The September 25 agenda of the WRC Programs and Projects Committee includes items
which may raise possible conflicts of interest. A ROTC 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. 7 — Overall Procurement Strategy and Agreement to Complete Preliminary
Engineering and Environmental Documentation for the I-15/SR-91 Express Lanes Connector
Project
Consultant(s): Parsons
Jason Lemons, Program Director
100 West Walnut
Pasadena, CA 91124
Agenda Item No. 11 — Amendment to Agreement with Best, Best & Krieger LLP for Legal
Services for the Perris Valley tine Proiect
Consultant(s): Best Best &Krieger
Steve DeBaun, Partner
3390 University Avenue, Sth Floor
Riverside, CA 92501
Agenda Item No. 12 — Agreement for On -Call Maintenance and Repair Services for the
Commuter Rail Stations
Consultant(s): Braughton Construction, Inc.
John Braugh ton, President
10722 Arrow Route, Suite 810
Rancho Cucamonga, CA 91730
Tara Bve rl
From: Tara Byerly
Sent: Wednesday, September 20, 2017 11:02 AM
To: Tara Byerly; Alexandra Rackerby
Cc: Anne Mayer; STANDIFO
Subject: RCTC: Western Riverside County Programs and Projects Committee Agenda - 09.25.2017
Importance: High
Good morning WRC Programs and Projects Committee Members:
Attached is the link to the WRC Programs and Projects Committee Agenda for the meeting scheduled @ 1:30 p.m. on
Monday, September 25.
http://rctcdev.info/uploads/media items/western-riverside-county-programs-and-projects-committee-september-25-
2017.original.pdf
Also attached for your review, is the Conflict of Interest memo and form. Let me know if you have any questions.
Conflict of Conflict of
Interest Form.pdf Interest Memo.p...
Respectfully,
Tara Byerly
Deputy Clerk of the Board
Riverside County Transportation Commission
951.787.7141 W 1951.787.7906 F
4080 Lemon St. 3rd FI. 1 P.O. Box 12008 Riverside, CA 92502
rctc.org
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1
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
1:30 p.m.
Monday, September 25, 2017
BOARD ROOM
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, Government Code Section 54954.2, and the Federal
Transit Administration Title VI, please contact the Clerk of the Board at (951) 787-7141 if special assistance is
needed to participate in a Commission meeting, including accessibility and translation services. Assistance is
provided free of charge. Notification of at least 48 hours prior to the meeting time will assist staff in assuring
reasonable arrangements can be made to provide assistance at the meeting.
1. CALL TO ORDER / ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. 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.
4. APPROVAL OF MINUTES – AUGUST 28, 2017
Western Riverside County Programs and Projects Committee
September 25, 2017
Page 2
5. 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.)
6. IN-LIEU FEE AGREEMENTS WITH RIVERSIDE-CORONA RESOURCE CONSERVATION DISTRICT
FOR COMPENSATORY MITIGATION FOR THE INTERSTATE 15 EXPRESS LANES PROJECT
Page 1
Overview
This item is for the Committee to:
1) Approve Agreement No. 18-31-056-00 with Riverside-Corona Resource Conservation
District (RCRCD) for a deposit for expenses incurred prior to execution and recording
of a conservation easement for the Interstate 15 Express Lanes Project (I-15 ELP) in an
amount not to exceed $10,000;
2) Approve Agreement No. 18-31-057-00 with RCRCD for compensatory mitigation for
the I-15 ELP in the amount of $2,704,825, plus a contingency amount of $270,482, for
a total amount not to exceed $2,975,307;
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 use of contingency pursuant to the
agreement terms up to the total amount; and
5) Forward to the Commission for final action.
7. OVERALL PROCUREMENT STRATEGY AND AGREEMENT TO COMPLETE PRELIMINARY
ENGINEERING AND ENVIRONMENTAL DOCUMENTATION FOR THE I-15/SR-91 EXPRESS
LANES CONNECTOR PROJECT
Page 13
Overview
This item is for the Committee to:
1) Approve the overall procurement strategy for the Interstate 15/State Route 91 Express
Lanes Connector Project (15/91 ELC);
2) Approve Agreement No. 15-31-001-02, Amendment No. 2 to Agreement
No. 15-31-001-00, with Parsons Transportation, Inc. (Parsons) to complete preliminary
engineering and environmental documentation for the 15/91 ELC, for in the amount
of $1,882,000, plus a contingency amount of $188,200, for a total amount not to
exceed $2,070,200;
3) Approve Agreement No. 18-31-055-00 with the California Department of
Transportation (Caltrans) for project approval and environmental document (PA/ED)
work;
Western Riverside County Programs and Projects Committee
September 25, 2017
Page 3
4) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute
the agreements on behalf of the Commission; and
5) Forward to the Commission for final action.
8. AGREEMENT WITH THE CITY OF CORONA FOR IMPROVEMENTS TO THE ONTARIO AVENUE
INTERCHANGE AT INTERSTATE 15
Page 56
Overview
This item is for the Committee to:
1) Approve Agreement No. 18-31-050-00 with the city of Corona (City) for the
Commission’s fair share of improvements to the Ontario Avenue Interchange at
Interstate 15 (I-15) due to impacts from the State Route 91 Corridor Improvement
Project (91 Project), in the amount of $1,337,072, plus a contingency amount of
$133,928, for a total amount not to exceed $1,471,000;
2) Authorize the Executive Director, or designee, to approve release of contingency work
up to the total authorized amount as may be required for the 91 Project;
3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute
the agreement on behalf of the Commission; and
4) Forward to the Commission for final action.
9. AMENDMENT TO AGREEMENT WITH BNSF RAILWAY FOR THE STATE ROUTE 91 CORRIDOR
IMPROVEMENT PROJECT AT THE WEST PORPHYRY OVERHEAD
Page 68
Overview
This item is for the Committee to:
1) Approve Agreement No. 14-31-114-03, Amendment No. 3 to Agreement No.
14-31-114-00, with Burlington Northern Santa Fe Railway (BNSF) for extended flagging
services related to the State Route 91 Corridor Improvement Project (91 Project) for
an additional amount of $200,000, and a total amount not to exceed $7,621,234;
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 25, 2017
Page 4
10. AMENDMENT TO AGREEMENT WITH INLAND EMPIRE RESOURCE CONSERVATION DISTRICT
FOR COMPENSATORY MITIGATION FOR THE STATE ROUTE 91 CORRIDOR IMPROVEMENT
PROJECT
Page 76
Overview
This item is for the Committee to:
1) Approve Agreement No. 16-31-023-01, Amendment No. 1 to Agreement
No. 16-31-023-00, with Inland Empire Resource Conservation District (IERCD) for
additional restoration and biological monitoring effort associated with compensatory
mitigation (Coastal Sage Scrub Restoration) for an additional amount of $114,660, and
a total amount not to exceed $1,356,119;
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. AMENDMENT TO AGREEMENT WITH BEST, BEST & KRIEGER LLP FOR LEGAL SERVICES FOR
THE PERRIS VALLEY LINE PROJECT
Page 85
Overview
This item is for the Committee to:
1) Approve Agreement No. 12-33-115-01, Amendment No. 1 to Agreement
No. 12-33-115-00, with Best, Best & Krieger LLP (BB&K) to provide legal services for
the Perris Valley Line (PVL) project for an additional amount of $775,000, and a total
amount not to exceed $1.25 million;
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. AGREEMENT FOR ON-CALL MAINTENANCE AND REPAIR SERVICES FOR THE COMMUTER
RAIL STATIONS
Page 89
Overview
This item is for the Committee to:
1) Award Agreement No. 18-24-001-00 to Braughton Construction, Inc. to provide on-call
maintenance and repair services for the commuter rail stations for a three-year term,
in the amount of $2.6 million, plus a contingency amount of $120,000, for a total
amount not to exceed $2.72 million;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute
the agreement on behalf of the Commission;
Western Riverside County Programs and Projects Committee
September 25, 2017
Page 5
3) Authorize the Executive Director, or designee, to execute task orders awarded to the
contractor under the terms of the agreement; and
4) Forward to the Commission for final action.
13. 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.
14. ADJOURNMENT
The next Western Riverside County Programs and Projects Committee meeting is scheduled
to be held at 1:30 p.m., Monday, October 23, 2017, Board Chambers, First Floor, County
Administrative Center, 4080 Lemon Street, Riverside.
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS SIGN -IN SHEET
September 25, 2017
NAME
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RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS
COMMITTEE
ROLL CALL
SEPTEMBER 25, 2017
Present Absent
County of Riverside, District I 0,e'- 0
County of Riverside, District V #,Er.. O ak-
City of Banning .--A' O
City of Corona .„-0' O
City of Eastvale _0' O
City of Jurupa Valley ,.Ar O
City of Menifee _.-er o
City of Moreno Valley -A'"' 0
City of Norco --A' O
City of Perris —A-' O
City of San Jacinto •0' O
City of Wildomar ---21--"" O
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AGENDA ITEM 4
MINUTES
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE
Monday, August 28, 2017
MINUTES
1. CALL TO ORDER/ ROLL CALL
The meeting of the Western Riverside County Programs and Projects Committee was
called to order by Chair Deborah Franklin 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 Kevin Jeffries led the Western Riverside County Programs
and Projects Committee in a flag salute.
Members/Alternates Present Members Absent
Marion Ashley Victoria Baca
Ben Benoit Neil Winter
Brian Berkson
Deborah Franklin
Berwin Hanna
Kevin Jeffries*
Andrew Kotyuk
Adam Rush*
Karen Spiegel
Michael Vargas
*arrived after the meeting started
3. PUBLIC COMMENTS
There were no requests to speak from the public.
4. APPROVAL OF MINUTES – JUNE 26, 2017
M/S/C (Jeffries/Hanna) to approve the minutes as submitted.
RCTC WRC Programs and Projects Committee Minutes
August 28, 2017
Page 2
5. ADDITIONS/REVISIONS
There was a revision to Agenda Item 11, “Amendment to Freeway Service Patrol
Agreement”.
6. REQUEST TO DECLARE REAL PROPERTY AS SURPLUS
Mark Lancaster, Right of Way Manager, presented the request to declare real property
as surplus.
M/S/C (Jeffries/Benoit) to:
1) Declare as surplus the real property in the areas of the State Route 91
Corridor Improvement Project (SR-91 CIP), as specifically identified in
this report and attached maps;
2) Authorize the Executive Director to notify public agencies pursuant to
Government Code 54220 et. seq. the properties are available;
3) If no response is received, authorize the Executive Director to offer the
surplus properties for sale to the public; and
4) Forward to the Commission for final action.
At this time, Commissioners Kotyuk and Rush arrived.
7. AGREEMENT FOR FINAL DESIGN AND RIGHT OF WAY ACQUISITION FOR
CONSTRUCTION OF PHASE 1 OF THE INTERSTATE 15/RAILROAD CANYON ROAD
INTERCHANGE PROJECT IN THE CITY OF LAKE ELSINORE
Alex Menor, Capital Projects Manager, presented the scope of the agreement for final
design and right of way acquisition for construction of Phase 1 of the Interstate
15/Railroad Canyon Road Interchange project in the city of Lake Elsinore.
Anne Mayer, Executive Director, expressed gratitude to staff and Caltrans for getting the
environmental document approved.
M/S/C (Jeffries/Benoit) to:
1) Award Agreement No. 17-31-048-00 to WKE, Inc. (WKE) to perform final
engineering services and prepare plans, specifications, and cost
estimate (PS&E) for the construction of the Interstate 15/Railroad
Canyon Road interchange project (Project) Phase 1 in the amount of
$3,229,337, plus a contingency amount of $322,934, for potential
changes in scope, for a total amount not to exceed $3,552,271;
2) Authorize the Executive Director, or designee, to approve the use of the
contingency amount as may be required for the Project;
RCTC WRC Programs and Projects Committee Minutes
August 28, 2017
Page 3
3) Authorize the Executive Director, pursuant to legal counsel review, to
execute the following utility agreements required for the Project utility
relocations in an amount not to exceed an aggregate value of $1.5
million;
a) Agreement No. 18-31-029-00 with AT&T;
b) Agreement No. 18-31-030-00 with Time Warner;
c) Agreement No. 18-31-031-00 with Southern California Gas;
d) Agreement No. 18-31-032-00 with Southern California Edison;
e) Agreement No. 18-31-033-00 with Verizon;
f) Agreement No. 18-31-034-00 with Eastern Municipal Water
District;
g) Agreement No. 18-31-035-00 with Elsinore Valley Municipal
Water District;
h) Agreement No. 18-31-036-00 with Golden State Utility; and
i) Agreement No. 18-31-037-00 with city of Lake Elsinore (Lake
Elsinore);
4) Authorize the Executive Director, pursuant to legal counsel review, to
acquire required parcels for the Project in an estimated amount not to
exceed $1.5 million in accordance with the Commission’s right of way
(ROW) policies and procedures;
5) Approve Agreement No. 18-72-027-00 with Caltrans related to the
responsibilities for final design and ROW acquisition of the Project,
including use of the federal earmark of $237,500 secured by Lake
Elsinore for ROW acquisition;
6) Approve Agreement No. 10-72-016-06, Amendment No. 6 to Agreement
No. 10-72-016-00, with Lake Elsinore to identify the Commission as the
implementing agency for acquisition of ROW and final design for the
Project and authorize an increase of $980,121 in Transportation
Uniform Mitigation Fee (TUMF) regional arterial funds for the PS&E
Phase from $2 million to a total amount of $2,980,121;
7) Authorize the Chair or Executive Director, pursuant to legal counsel
review, to execute the agreements and future non-funding agreements
and/or amendments on behalf of the Commission; and
8) Forward to the Commission for final action.
At this time, Commissioner Rush left the meeting.
8. STATE ROUTE 79 REALIGNMENT PROJECT CULTURAL RESOURCE MITIGATION
Patti Castillo, Capital Projects Manager, presented the details of the State Route 79
Realignment Project cultural resource mitigation.
RCTC WRC Programs and Projects Committee Minutes
August 28, 2017
Page 4
In response to Commissioner Kotyuk’s question regarding the 48-month time frame,
Patti Castillo introduced John Eddy from Applied Earthworks, a subconsultant to CH2M
on the project to explain the 48-month window. John Eddy explained the 48-month
window incorporates the work that needs to be done and takes into consideration the
consultation process to make sure that those consulted are on board with the project
before the memorandum of agreement (MOA) expires. If the MOA expires, it
potentially opens up the project to additional review.
Per Anne Mayer’s request to discuss which tribes the Commission will consult with and
to provide an example of buried site sensitivity model, John Eddy replied in regards to
the buried site sensitivity model, part of the mitigation is requiring a discovery and
monitoring plan in case buried archeological deposits are discovered during
construction. The benefit of a buried site sensitivity model is that specific areas can be
pin pointed where monitoring would be required compared to the alternative, which is
recommendation for monitoring of all construction within the corridor. Mr. Eddy stated
the tribes that have been consulted are the Pechanga Band, Soboba Band, Morongo
Band, and the Cahuilla Band as this is a high profile project for the Native American
community in Western Riverside County.
In response to Commissioner Kotyuk’s clarification under this project if the
environmental is set to expire, Anne Mayer replied there is other mitigation needed for
the project as well as some mitigation lands needed that are already in process on
acquisition.
Anne Mayer inquired with Patti Castillo how many acres are needed, Ms. Castillo replied
approximately 234 acres.
M/S/C (Kotyuk/Hanna) to:
1) Approve Agreement No. 02-31-043-11, Amendment No. 11 to
Agreement No. 02-31-043-00, with CH2M to prepare cultural
resource mitigation related to the State Route 79 Realignment
project (Project) in the amount of $959,204, plus a contingency
amount of $96,000, for an additional amount of $1,055,204, for a
total amount not to exceed $33,191,560;
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 or designee, pursuant to legal counsel
review, to approve the use of the contingency as may be required for
the project; and
4) Forward to the Commission for final action.
RCTC WRC Programs and Projects Committee Minutes
August 28, 2017
Page 5
At this time, Commissioner Rush rejoined the meeting.
9. AGREEMENTS FOR ON-CALL RAIL/TRANSIT OPERATIONS CONSULTING SERVICES
Sheldon Peterson, Rail Manager, presented the scope of the agreements for On-Call
Rail/Transit Operations Consulting Services.
M/S/C (Hanna/Berkson) to:
1) Award the following agreements to provide on-call multimodal
rail/transit operations services for a three-year term, and one, two-year
option to extend the agreements, in an amount not to exceed an
aggregate value of $5 million;
a) Agreement No. 17-25-096-00 to CH2M Hill, Inc. (CH2M);
b) Agreement No. 17-25-118-00 to HDR Engineering, Inc. (HDR);
c) Agreement No. 17-25-119-00 to RailPros; and
d) Agreement No. 17-25-120-00 to WSP USA Inc. (WSP).
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 the consultants under the terms of the agreements; and
4) Forward to the Commission for final action.
Recuse: Commissioner Spiegel
10. OVERFLOW PARKING AGREEMENT – RIVERSIDE-DOWNTOWN STATION
Sheldon Peterson, Rail Manager, presented the scope of the overflow parking
agreement – Riverside-Downtown Station.
In response to Commissioner Deborah Franklin’s question regarding signage, Sheldon
Peterson stated the Commission already started putting signs up in the designated area.
M/S/C (Hanna/Vargas) to:
1) Approve Agreement No. 18-24-028-00 with the Virginia College, LLC for
the parking license agreement of 47 parking spaces adjacent to the
Riverside-Downtown Station for an initial one-year term in an amount
not to exceed $6,000, with additional option years for FY 2018/19 and
beyond upon mutual written agreement by both agencies in an amount
not to exceed an annual 5 percent increase;
2) Authorize the Chair or Executive Director, pursuant to legal counsel
review, to execute the agreement, including option years on behalf of
the Commission; and
RCTC WRC Programs and Projects Committee Minutes
August 28, 2017
Page 6
3) Forward to the Commission for final action.
11. AMENDMENT TO FREEWAY SERVICE PATROL AGREEMENT
Michelle McCamish, Management Analyst, presented the scope of the amendment to
Freeway Service Patrol agreement.
M/S/C (Ashley/Jeffries) to:
1) Approve Agreement No. 14-45-009-07, Amendment No. 5 to Agreement
No. 14-45-009-00, with Steve’s Towing (Steve’s) to provide Freeway
Service Patrol (FSP) services on Beat Nos. 1 and 2, and State Route 91
Extended Services on Beat Nos. 1 and 2 through June 30, 2018, for an
additional amount of $432,000, for a total amount not to exceed
$3,284,057;
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. DEVELOPMENT AND IMPLEMENTATION OF AN ONGOING VANPOOL SUBSIDY
PROGRAM
Brian Cunanan, Commuter and Motorist Assistance Manager, presented the details of
the development and implementation of an ongoing vanpool subsidy program.
In response to Commissioner Rush’s questions regarding insurance for the third party
lease system and for vanpools, Brian Cunanan stated the insurance is part of the lease
agreement.
M/S/C (Rush/Hanna) to:
1) Approve the development and implementation of a Western Riverside
County ongoing vanpool subsidy program;
2) Approve an allocation for FY 2017/18 through FY 2019/20 in the
amount of $3 million in 2009 Measure A Western County Commuter
Assistance Program (CAP) funds for the vanpool program initial three-
year development and implementation;
3) Approve Agreement No. 15-41-038-03, Amendment No. 3 to Agreement
No. 15-41-038-00, with WSP USA, Inc. (WSP), for professional services
for vanpool program development and implementation, marketing plan
development and program outreach/advertising, and program staff
support, for an additional amount of $947,647, and a total amount not
to exceed $7,382,976, and to extend the agreement for an additional
year through June 30, 2020;
RCTC WRC Programs and Projects Committee Minutes
August 28, 2017
Page 7
4) Approve Agreement No. 14-41-156-03, Amendment No. 3 to Agreement
No. 14-41-156-00, with Media Beef, Inc. (Media Beef) for programming
enhancements and a vanpool application, reporting, and database
system within the IE Commuter website, for an additional amount of
$142,000, and a total amount not to exceed $1,274,300, and to extend
the agreement for an additional year through June 30, 2020;
5) Approve Agreement No. 08-62-005-07, Amendment No. 7 to Agreement
No. 08-62-005-00, with TransTrack, for the development of a handshake
from IE Commuter to TransTrack for reporting purposes for the
Commission’s ongoing vanpool subsidy program as well as the SunLine
Transit Agency (SunLine) program, for an additional amount of $31,000,
and a total amount not to exceed $557,000;
6) Approve Agreement No. 18-41-038-00 with California Vanpool
Authority (CalVans) to provide 3rd party leased vehicles to
agricultural/post-secondary educational commuters in exchange for
Commission subsidies;
7) Authorize the Chair or Executive Director, pursuant to legal counsel
review, to execute the agreements on behalf of the Commission;
8) Approve an adjustment to the FY 2017/18 commuter assistance budget
in the amount of $786,000, to increase expenditures for the vanpool
subsidy program, including SunLine National Transit Database (NTD)
reporting; and
9) Forward to the Commission for final action.
Recuse: Commissioner Spiegel
13. COMMISSIONERS / STAFF REPORT
There were no reports from Commissioners or the Executive Director.
14. ADJOURNMENT
There being no further business for consideration by the Western Riverside County
Programs and Projects Committee, the meeting was adjourned at 2:17 p.m.
Respectfully submitted,
Tara Byerly
Deputy Clerk of the Board
AGENDA ITEM 6
Agenda Item 6
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: September 25, 2017
TO: Western Riverside County Programs and Projects Committee
FROM: David Thomas, Toll Project Manager
THROUGH: Michael Blomquist, Toll Program Director
SUBJECT: In-Lieu Fee Agreements with Riverside-Corona Resource Conservation District
for Compensatory Mitigation for the Interstate 15 Express Lanes Project
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Approve Agreement No. 18-31-056-00 with Riverside-Corona Resource Conservation
District (RCRCD) for a deposit for expenses incurred prior to execution and recording of a
conservation easement for the Interstate 15 Express Lanes Project (I-15 ELP) in an amount
not to exceed $10,000;
2) Approve Agreement No. 18-31-057-00 with RCRCD for compensatory mitigation for the
I-15 ELP in the amount of $2,704,825, plus a contingency amount of $270,482, for a total
amount not to exceed $2,975,307;
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 use of contingency pursuant to the
agreement terms up to the total amount; and
5) Forward to the Commission for final action.
BACKGROUND INFORMATION:
Approval to proceed with the I-15 ELP (see Figure 1) was granted when the initial study with
mitigated negative declaration /environmental assessment with finding of no significant impact
was approved on May 4, 2016, by the California Department of Transportation, the lead agency
under both the California Environmental Quality Act and the National Environmental Policy Act.
The approved initial study /environmental assessment (IS/EA) includes a number of mitigation
measures for project impacts, including compensatory mitigation for permanent impacts to
riverine riparian habitat and Santa Ana sucker habitat as described in measures BIO-16, BIO-24,
and BIO-25.
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Agenda Item 6
Figure 1: I-15 Express Lanes Project Vicinity Map
These compensatory mitigation measures are also conditions in project permits, including a
Nationwide Permit 14 from the U.S. Army Corps of Engineers (USACE), Section 401 Clean Water
Certification from the Santa Ana Regional Water Quality Control Board (RWQCB), 1602
Streambed Alteration Agreement for the California Department of Fish and Wildlife (CDFW), as
well as the consistency determination under the Western Riverside County Multi-Species Habitat
Program (January 2016), and the U.S. Fish and Wildlife Service (USFWS) biological opinion
approved April 20, 2016. Currently, final permits and subsequent compensatory mitigation
requirements are being negotiated with the resources agencies. It is anticipated that all permits
will be secured by November 2017.
Compensatory Mitigation Commitment
Compensatory mitigation for activities authorized by USACE, RWQCB, CDFW permits, and the
Biological Opinion are governed by regulations issued by the regulatory agencies. These
regulations establish performance standards and criteria for the use of permittee-responsible
compensatory mitigation, mitigation banks, and in-lieu fee programs.
The RCRCD manages a USACE approved In-Lieu Fee (ILF) program for impacts within the Santa
Ana River Watershed. Under the ILF program, RCRCD is authorized to sell mitigation credits for
specific impacts resulting from USACE permitted projects. During the development of the final
environmental document, Commission staff evaluated mitigation options and identified RCRCD
as the most suitable resource for providing the necessary mitigation. Due to the types of
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Agenda Item 6
resource mitigation required, including riverine riparian habitat and Santa Ana sucker habitat,
and the location of an available mitigation site within the Santa Ana River, Commission staff
narrowed its options for compensatory mitigation to the RCRCD Altfillisch project site, which
provides the necessary mitigation required by the resource agencies.
The Commission is required to mitigate for permanent impacts to riverine riparian habitat and
jurisdictional waters of the state of California and the United States for the I-15 ELP. The
mitigation requirements are outlined in the approved IS/EA with the mitigation commitment
satisfied by the purchase of 10.25 acres of mitigation credits through the RCRCD ILF program.
Additionally, project impacts Santa Ana sucker and Arroyo chub habitat can be satisfied through
the purchase of 0.21 acre non-ILF restoration acreage at the RCRCD-owned Altfillisch project site
located in the Santa Ana River south of Hamner Avenue bridge. Mitigation totals identified are
subject to change pending the final permit approvals.
Participation in the RCRCD ILF program satisfies the project’s compensatory mitigation
requirement. Formal payment to RCRCD relieves the Commission of any further obligations
regarding these resources. RCRCD will assume all responsibility to implement, manage, monitor,
and report mitigation progress to the regulatory agencies.
RCRCD Fee Structure
1) Deposit: RCRCD requires payment of a $10,000 deposit prior to negotiations with the
party requesting mitigation services. This deposit covers administrative and staff time,
material, and legal review costs associated with preparation of a conservation agreement.
2) Mitigation credit purchase based on impacts and mitigation ratios identified in the IS/EA:
RCRCD will restore 0.21 acre of Santa Ana sucker habitat at a cost of $250,000, and
rehabilitate 6.33 acres of riparian habitat, 0.51 acre of ephemeral drainage, and 3.81 acres
of jurisdictional waters at a cost of $230,500 per acre ($230,500 x 10.65 acres =
$2,454,825). The total cost is $250,000 (Santa Ana sucker habitat) + $2,454,825 =
$2,704,825 (mitigation credit purchase). In addition to a 10 percent contingency amount
of $270,482, for a total not to exceed amount is $2,975,307. The table below shows a
concise breakdown of these costs.
Habitat Type Amount (acres) Cost Total Cost
Santa Ana Sucker .021 $250,000 $ 250,000
Riparian 6.33 $230,500/acre 1,459,065
Ephemeral Drainage 0.51 $230,500/acre 117,555
Jurisdictional Waters 3.81 $230,500/acre 878,205
Total 2,704,825
Contingency (10%) 270,482
TOTAL not to exceed $ 2,975,307
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Agenda Item 6
Staff recommends mitigating for I-15 ELP permanent impacts to riverine riparian habitat,
jurisdictional waters, and Santa Ana sucker habitat by entering into the deposit agreement in the
amount of $10,000 and ILF agreement for purchase of credits with RCRCD in the amount of
$2,704,825, plus a contingency amount of $270,482, for a total amount not to exceed
$2,985,307. Under the deposit agreement, the Commission is responsible for all RCRCD costs
incurred by RCRCD related to the preparation of a conservation agreement. Staff anticipates any
excess of actual costs above the deposit amount would be minimal; therefore, staff recommends
the contingency amount of $270,482 be available for any minimal increase in the costs related
to the preparation of the conservation agreement.
Financial Information
In Fiscal Year Budget: Yes Year: FY 2017/18 Amount: $2,985,307
Source of Funds: 2017 Sales Tax Bond Proceeds Budget Adjustment: No
GLA No.: 003027 81020 00000 0000 262 31 81002
Fiscal Procedures Approved: Date: 09/14/2017
Attachments:
1) Draft Deposit Agreement with the RCRCD
2) Sample agreement with the RCRCD for In-Lieu Fee Program
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24632.00005\1548635.5
DEPOSIT AGREEMENT FOR EXPENSES INCURRED
This Deposit Agreement for Expenses Incurred during negotiation
("Deposit Agreement"), processing, preparation, and review of certain activities,
described more fully below, is entered into between the Riverside-Corona Resource
Conservation District, a California resource conservation district, 4500 Glenwood Drive,
Building A, Riverside, CA 92501 (“RCRCD”), and Riverside County Transportation
Commission (RCTC), a California Regional Transportation Planning Agency, 4080
Lemon Street, 3rd Floor, Riverside, CA 92501 (“Developer”) as of the date set forth
below. RCRCD and Developer are sometimes referred to in this Deposit Agreement
individually as a “Party,” or collectively as the “Parties.”
1. RCRCD.
RCRCD is a Resource Conservation District formed for the control of
runoff, the prevention or control of soil erosion, the development and distribution of
water, and the improvement of land capabilities pursuant to Public Resources Code
section 9151 et seq. RCRCD may accept grants of money, land, and conservation
easements to carry out its purposes, and may establish and charge fees for services
provided upon request pursuant to Public Resources Code sections 9401 et seq.
RCRCD commonly performs habitat restoration, conservation, creation and/or similar
activities (“conservation”) for project proponents seeking permits from regulatory
agencies.
2. Developer.
RCTC is a Regional Transportation Planning Agency created by the
California State legislature in 1970 to provide local agencies in Riverside County more
control and input on transportation matters. RCTC plans and implements transportation
and transit improvements, assists local governments with money for local streets and
roads, finds solutions for commuters and goods movement and develops strategies to
ensure everyone has access to transportation.
The Interstate 15 (I-15) Express Lanes Project (Project) will
construct one to two tolled express lanes between Cajalco Road and State Route 60 in
the cities of Corona, Norco, Eastvale, and Jurupa Valley and portions of unincorporated
Riverside County. Improvements will include, but are not limited to, addition of toll
lanes, reconstruction of interchanges and retaining walls, construction of new sound
walls, utility relocations, paving and roadway modifications, and installation of tolling
equipment. The project is anticipated to begin construction in 2018.
3. Purpose
A proposed development project may adversely impact a species, habitat,
riparian areas, or other sensitive environmental resources. As a condition to issuing a
permit required for such project, a regulatory agency may require mitigation in the form
of land setaside, restoration or other activity. Regulatory agencies may approve the
project proponent’s retention of RCRCD to perform habitat conservation, acceptance of
ATTACHMENT 1
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a conservation easement, or other activity as mitigation of project impacts. Any such
conservation to be performed by RCRCD would be completed under the terms of a
separate conservation agreement with RCRCD.
The RCRCD will be required to process, prepare and review various
mitigation-related contracts, agreements, and other documents between the Developer
and RCRCD (“Transaction”). To facilitate this, the RCRCD will need to conduct
meetings, review permits and other background materials, evaluate habitat
assessments, review and draft the mitigation-related contracts, agreements or other
documents, perform due diligence (e.g. title review, site inspection and other related
activities), as well as perform other tasks, which may include preparing other
miscellaneous documents related to the Transaction.
In negotiating the Transaction between the RCRCD and the Developer,
RCRCD will incur expenses including, but not limited to, legal expenses, administrative
and staff expenses, materials, labor, etc. (“Expenses”). If the proposed Transaction
goes forward, or if it is cancelled, abandoned, modified, disapproved or otherwise does
not proceed, then RCRCD will have expended monies, resources and/or materials to
pay for the Expenses. By this Deposit Agreement, the RCRCD requests, and
Developer agrees to provide, a deposit to RCRCD to cover and defray the above-listed
Expenses.
4. Deposit.
(a) Based on RCRCD’s prior experience, the Parties agree that TEN
THOUSAND DOLLARS ($10,000) is a reasonable amount calculated to cover the
anticipated Expenses incurred prior to execution and recording of a conservation
easement and/or other agreements with respect to the Transaction (“Deposit”). If
RCRCD determines that its incurred costs will exceed the Deposit amount, RCRCD
shall notify Developer in writing, and may request additional Deposit monies before
proceeding further with the potential Transaction.
(b) In the event that the Parties successfully complete the Transaction,
RCRCD shall deduct from the Deposit all Expenses related to the Transaction; any
remaining portion of the Deposit shall be returned to Developer or applied to the
mitigation project costs.
(c) In the event that the Parties do not successfully complete the
Transaction, the RCRCD shall deduct the Expenses from the Deposit and return any
remaining portion to Developer as in Paragraph 4(b), above. Developer may cancel this
Deposit Agreement and receive a refund of the remaining Deposit and an accounting of
Expenses at any time. To obtain this refund and accounting, Developer must send to
RCRCD, by certified mail, a written notice of cancellation, requesting an accounting and
a refund of any remaining Deposit monies. RCRCD shall perform such accounting and
refund any remaining Deposit monies within thirty (30) days of its receipt of the
cancellation notice and request.
5. Anticipated Mitigation
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24632.00005\1548635.5
The Parties expect any anticipated mitigation to be the normal and ordinary
conservation that RCRCD commonly performs; however, it is not yet known what the
regulatory agencies will actually require. RCRCD makes no warranties or
representations and cannot guarantee that RCRCD will be able to provide the mitigation
required by the regulatory agencies; RCRCD only represents that it will make a good
faith effort to perform its normal and ordinary conservation within its statutory authority,
pursuant to the terms of a separate agreement to be executed by the Parties.
6. Nature of Rights Granted
Developer hereby acknowledges and agrees this Deposit Agreement only
provides a deposit to cover or defray Expenses RCRCD will incur in the Transaction.
This Deposit Agreement is not a conservation easement, a donation agreement or a
conservation services agreement, nor does this Deposit Agreement guarantee that the
Parties will eventually consummate or successfully complete the Transaction.
7. Mitigation Responsibility
The Parties explicitly agree that this Deposit Agreement does not commit
RCRCD to actually performing any mitigation, mitigation-related conservation, or related
activity. No responsibility or liability therefor shall accrue to the RCRCD. If the RCRCD
ever conducts any mitigation on the Property at Developer’s request, the RCRCD will
make no warranties or representations and cannot guarantee that the RCRCD will be
able to provide any particular mitigation that may be required of the Developer by any
regulatory agency, including but not limited to the U.S. Fish and Wildlife Service, the
U.S. Army Corps of Engineers, the California Department of Fish and Game, or the
State or Regional Water Quality Control Boards. Developer agrees that any requests
for RCRCD to perform any mitigation, mitigation-related conservation, or related activity,
including associated reporting for such activities, may cost extra and is not covered by
this Deposit Agreement. Developer remains responsible for obtaining final approval
from the Regulatory Agencies for satisfaction of any of its permit conditions.
8. Miscellaneous
(a) Neither Party may assign its rights or obligations under this Deposit
Agreement without the express written consent of the other, which consent may be
withheld in such Party’s sole and absolute discretion. In the event of an authorized
assignment, this Deposit Agreement shall be binding upon and inure to the benefit of
those permitted assigns.
(b) The rights and obligations set forth herein are intended exclusively
for the benefit of the Parties and shall not be construed to convey any rights or
remedies to any third party.
(c) This Deposit Agreement contains the entire understanding between
the Parties with respect to its subject matter, and supersedes all prior agreements, oral
or written, and all prior or contemporaneous discussions or negotiations between the
Parties. This Deposit Agreement cannot be amended except in writing signed by both
Parties.
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24632.00005\1548635.5
(d) This Deposit Agreement and all documents executed and delivered
in connection herewith shall be governed by, and construed in accordance with, the
laws of the State of California. Any action to interpret or enforce this Deposit
Agreement shall be brought and maintained exclusively in the courts of and for
Riverside County, California.
(e) If any provision of this Deposit Agreement is invalid or
unenforceable with respect to either Party, the remainder of this Deposit Agreement or
the application of such provision to persons other than those as to whom it is held
invalid or unenforceable, shall not be affected and each provision of this Deposit
Agreement shall be valid and enforceable to the fullest extent permitted by law.
(f) If any legal action or other proceeding is brought for the
enforcement of this Deposit Agreement, the prevailing party shall be entitled to recover
reasonable attorneys' fees, expenses, and other costs incurred in that action or
proceeding in addition to any other relief to which such party may be entitled.
IN WITNESS WHEREOF, the Parties have executed this Deposit
Agreement as of the last date set forth below.
RIVERSIDE-CORONA RESOURCE
CONSERVATION DISTRICT, a California
resource conservation district
RIVERSIDE COUNTY
TRANSPORTATION COMMISSION, a
California Regional Transportation
Planning Agency
By: ____________________________ By: ____________________________
Name: ____________________________ Name: ____________________________
Title: ____________________________ Title: ____________________________
Date: Date:
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ATTACHMENT 2
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AGENDA ITEM 7
Agenda Item 7
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: September 25, 2017
TO: Western Riverside County Programs and Projects Committee
FROM: Michael Blomquist, Toll Program Director
THROUGH: Anne Mayer, Executive Director
SUBJECT:
Overall Procurement Strategy and Agreement to Complete Preliminary
Engineering and Environmental Documentation for the I‐15/SR‐91 Express
Lanes Connector Project
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Approve the overall procurement strategy for the Interstate 15/State Route 91 Express
Lanes Connector Project (15/91 ELC);
2) Approve Agreement No. 15‐31‐001‐02, Amendment No. 2 to Agreement
No. 15‐31‐001‐00, with Parsons Transportation, Inc. (Parsons) to complete preliminary
engineering and environmental documentation for the 15/91 ELC, for in the amount of
$1,882,000, plus a contingency amount of $188,200, for a total amount not to exceed
$2,070,200;
3) Approve Agreement No. 18‐31‐055‐00 with the California Department of Transportation
(Caltrans) for project approval and environmental document (PA/ED) work;
4) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute
the agreements on behalf of the Commission; and
5) Forward to the Commission for final action.
BACKGROUND INFORMATION:
On April 28, 2017, Governor Brown signed SB 132, which provides $427 million for a program
known as the Riverside County Transportation Efficiency Corridor (RCTEC). The program
comprises five needed projects in northwest Riverside County, including: new tolled express
lanes connectors from the 91 Express Lanes to the northern portion of I‐15; railroad grade
separations at Jurupa Road and McKinley Street; an expanded freeway interchange at I‐15 and
Limonite Avenue; and the replacement of the Hamner Bridge over the Santa Ana River. The
$427 million is a direct appropriation in the Fiscal Year 2016/17 State budget which made the
funds available for these projects immediately.
After the signing of SB 132, Commission staff began work planning the delivery of what is now
known as the 15/91 ELC. The 15/91 ELC was considered and analyzed as part of the previously
approved SR‐91 Capital Improvement Project (now called the 91 Project) and will provide tolled
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Agenda Item 7
express lanes connectors between the existing 91 Express Lanes and the future I‐15 Express Lanes
to the north of SR‐91 (Figure 1 Vicinity Map and Attachment 3 Schematic). SB 132 allocated
$180 million for the 15/91 ELC for all project development costs. To incentivize timely delivery
of the RCTEC program of projects, SB 132 requires all funds be spent by June 30, 2023. Further,
subject to and contingent on all environmental approvals, the Commission‐led 15/91 ELC intends
to consider the award a construction contract by June 2020, to meet its commitment to the
RCTEC program.
Figure 1 I‐15/SR‐91 Express Lanes Connector Project Vicinity Map
SB 132 also statutorily created a task force to develop recommendations to accelerate project
delivery of the RCTEC projects. On June 27, 2017, Governor Brown signed budget trailer bill AB
115 through which the Commission received additional project delivery authority to ensure cost‐
effective and timely delivery of the 15/91 ELC. Specifically, additional project delivery authority
included the following methods to deliver a capital project: design‐build, construction
manager/general contractor, amendment to any existing I‐15 Express Lanes Project (I‐15 ELP) or
91 Express Lanes Project contract, and other delivery methods authorized by law.
Overall Procurement Strategy
In order to meet the Commission commitments and legislative mandates, staff analyzed those
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Agenda Item 7
methods authorized by AB 115 and other methods to procure the needed 15/91 ELC services
including: legal advisory, financial advisory, traffic and revenue studies, preliminary engineering,
environmental documentation, project and construction management, civil design, construction,
toll planning/design/installation, and toll operations and maintenance.
Staff recommends delivering the 15/91 ELC through a series of contract amendments to existing
contracts with engineering companies, contractors, toll vendors, legal and financial advisors. The
table below provides a summary of the work elements, contracts, and approximate timing for
Commission approval, with the award of any construction contracts being subject to completion
of required environmental review.
Project Work Element Procurement
Strategy
Existing Contract Approximate
Timing
RCTC staff augmentation
‐ Deputy Project Manager
Amendment to
Existing Contract
WSP USA, Inc.
(06‐66‐027‐00)
November
2017
Toll Planning Amendment to
Existing Contract
Parsons
(15‐31‐001‐00)
December
2017
Legal Advisory Utilize Existing
Contract
Nossaman LLP
(06‐66‐028‐00)
n/a
Legal Services Amendment to
Existing Contract
Best Best & Krieger
(16‐19‐099‐00)
to be
determined
Financial Advisory Amendment to
Existing Contract
Fieldman, Rolapp &
Associates, Inc.
(04‐19‐029‐00)
to be
determined
Traffic and Revenue Studies Amendments to
Existing 91 Project
and/or I‐15 ELP
Contracts
Stantec Consulting
Services Inc.
(10‐31‐099‐00 and/or
15‐31‐048‐00)
January 2018
*Preliminary Engineering and
Environ. Documentation
*Amendment to
Existing Contract
*Parsons
(15‐31‐001‐00)
*October
2017
Project and Construction
Management
Amendment to
Existing Contract
Parsons
(15‐31‐001‐00)
December
2017
Final Civil Design and
Construction
Amendment to
Existing Contract
Skanska‐Ames, Joint
Venture (SAJV)
(16‐31‐057‐00)
to be
determined
Toll System Design and
Installation
Amendments to
Existing I‐15 ELP
and/or 91 Project
Contracts
Kapsch TrafficCom
Transportation NA,
Inc. (Kapsch)
(16‐31‐043‐00)
and/or Cofiroute USA,
LLC (Cofiroute)
(13‐31‐105‐00)
to be
determined
Toll Operations and Amendments to Kapsch to be
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Agenda Item 7
Maintenance Existing I‐15 ELP
and/or 91 Project
Contracts
(16‐31‐043‐00)
and/or Cofiroute
(13‐31‐105‐00)
determined
* = Commission approval of an amendment to this contract is proposed as part of this agenda
report
Significant factors influencing staff’s recommendation to amend existing contracts include:
Time savings due to eliminating numerous competitive procurements allowing the
Commission to meet the statutory deadlines and Commission commitments pertaining to
the funding;
Potential cost economies of scale achieved by combining work scope (e.g. construction)
allowing the Commission to complete the 15/91 ELC within the $180 million funding limit;
Long‐term relationship, work history, and familiarity with Commission’s prior financing
and design‐build work for the 91 Project and I‐15 ELP allowing staff to build upon past
project delivery successes thereby lowering the project delivery risk for the 15/91 ELC;
and
Ability to minimize impacts to the travelling public, 91 Express Lanes customers, and
ongoing I‐15 ELP construction by utilizing the same design‐build contractor to perform
final civil design and construction as the I‐15 ELP.
Final civil design and construction represents the largest contract amendment amount
anticipated. Staff and its consultants considered several procurement options for final civil
design and construction. Other options included competitive procurements using progressive
design‐build, low‐bid design‐build, and more traditional design‐bid‐build procurements. Staff
considered many factors such as procurement cost, design cost, construction cost, risk transfer
to contractor, time to procure or negotiate change, schedule to open lanes, federal
Transportation Infrastructure Finance and Innovation Act loan impact, impact to existing I‐15 ELP
work, and others.
At its April 2017 meeting, the Commission awarded a $243.9 million design‐build contract to SAJV
for the I‐15 ELP final civil design and construction now underway. Staff concluded amending this
existing SAJV design‐build contract is the option that offers the Commission the best chance of
meeting the 15/91 ELC goals of schedule, budget, and impact reduction. Further, staff believes
this contract amendment to add the 15/91 ELC can be accomplished without delay of the opening
of the I‐15 ELP and would be a key element of future negotiations. Award of a contract
amendment authorizing construction is contingent on and will not be made prior to completion
of all required environmental review.
In addition to amending the contract, staff would implement the following actions to ensure that
a fair and reasonable cost, schedule and risk transfer is negotiated with SAJV for the 15/91 ELC
work:
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Agenda Item 7
Perform an independent construction estimate by a suitable contractor/estimator to
allow for a separate comparison of costs and to support direct negotiations with SAJV;
and
Propose and adhere to a strict negotiation schedule with SAJV allowing for an alternative
procurement strategy (plan B) to be timely implemented should staff feel it warranted
due to the outcome of negotiations with SAJV. Staff recommends a low‐bid, design‐build
as the alternative procurement strategy meeting the same 15/91 ELC goals should it be
warranted.
Preliminary Engineering and Environmental Documentation Work Phase
The 15/91 ELC was originally part of the SR‐91 Corridor Improvement Project (now called the 91
Project), which opened earlier this year. That project’s preliminary engineering and
environmental document work phase started in 2007. Due to the recession and budget
constraints, the 15/91 ELC and other project elements were not environmentally cleared with
the 91 Project and were deferred to 2035. With the passage of SB 132, it is now possible to
advance the 15/91 ELC earlier and closer to the original schedule.
Consistent with the overall procurement strategy discussed previously, staff is recommending
that a contract amendment to the Parsons agreement be approved to complete the preliminary
engineering and environmental document work phase for the 15/91 ELC. Based on prior
environmental work performed as part of the 91 Project and recent discussions with Caltrans
management, staff believes an environmental revalidation of the original 91 Project
environmental impact report/environmental impact statement is the appropriate level of
environmental effort.
Based on this key assumption, staff negotiated the scope and fee as shown in Attachment 1 with
Parsons as an amendment to its existing project and construction management contract for the
I‐15 ELP, which was originally approved in April 2015 following a competitive procurement.
Parsons worked with staff earlier this year to obtain approval of two other significant
environmental revalidations associated with the I‐15 ELP. Therefore, it has the needed staff, very
recent experience, and project‐specific knowledge making it the best option to perform this
work. Staff and Parsons estimated an 18‐month period to complete this preliminary engineering
and environmental documentation work phase.
Staff and Caltrans negotiated an agreement for the PA/ED work phase. This agreement reflects
typical provisions between the Commission and Caltrans for this work phase including the
respective responsibilities by both agencies for project costs, permits, quality control, schedule,
standards, consultant selection, and other provisions.
Recommendations
Staff recommends approval of the overall procurement strategy for the 15/91 ELC, which
essentially consists of a series of contract amendments to existing contracts for the 91 Project
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Agenda Item 7
and I‐15 ELP. Staff will return for Commission approval for other individual contract amendments
and budget adjustments through the course of the 15/91 ELC’s development as necessary to
meet project delivery goals.
Additional actions which are currently needed are approval of Agreement No. 15‐31‐001‐02 with
Parsons to complete preliminary engineering and environmental documentation for the 15/91
ELC, in the amount of $1,882,000, plus a contingency of $188,200, for a total amount not to
exceed $2,070,200. Staff also recommends authorization for the Chair or Executive Director,
pursuant to legal counsel review, to execute the amendment.
Staff also recommends immediate approval of Agreement No. 18‐31‐055‐00 with Caltrans for
PA/ED work. Staff also recommends authorization for the Chair or Executive Director, pursuant
to legal counsel review, to execute the final agreement.
Financial Information
In Fiscal Year Budget: No
N/A Year: FY 2017/18
FY 2018/19+ Amount: $ 900,000
$1,170,200
Source of Funds: SB 132 Funds Budget Adjustment: Yes
N/A
GL/Project Accounting No.: 003039 81601 605 31 81601
Fiscal Procedures Approved: Date: 09/13/2017
Attachments:
1) Draft Agreement No. 15‐31‐001‐02
2) Draft Cooperative Agreement No. 18‐31‐055‐00
3) 15/91 Express Lanes Connector Project Schematic
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17336.02101\29119713.2
Agreement No. 15-31-001-02
AMENDMENT NO. 2
TO PROFESSIONAL SERVICES AGREEMENT FOR
PROJECT AND CONSTRUCTION MANAGEMENT SERVICES
FOR THE
I-15 CORRIDOR IMPROVEMENT PROJECT
1. PARTIES AND DATE
This Amendment No. 2 to the Agreement for project and construction management
services is made and entered into as of this _____ day of ___________, 2017, by and
between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION (“Commission”)
and PARSONS TRANSPORTATION GROUP, INC., an Illinois corporation ("Consultant").
2. RECITALS
2.1 The Commission and the Consultant entered into an agreement, dated
April 8, 2015, for the purpose of providing project and construction
management services for the Interstate 15 Corridor Improvement Project
(the "Master Agreement") for a maximum not to exceed (“NTE”) amount of
$50,625,807.
2.2 Senate Bill 132 was enacted on April 28, 2017 and provides $427 million
for the Riverside County Transportation Efficiency Corridor. The program
comprises five needed projects in northwest Riverside County, including
new tolled express lanes connectors from the 91 Express Lanes to the
northern portion of the I-15 (15/91 ELC). SB132 requires that all
construction be completed and funds spent by July 2023.
2.3 Further AB 115 was enacted on June 27, 2017 and provides additional
project delivery authority to ensure cost-effective and timely delivery of the
15/91 ELC. Additional project delivery includes the following methods
design-build, construction manager/general contractor, amendment to any
existing I-15 Express Lanes Project or 91 Express Lanes Project contract,
and other delivery methods authorized by law.
2.4 The Commission and the Consultant now desire to amend the Master
Agreement in order to provide additional engineering and environmental
services to complete the Caltrans supplemental Project Report and
Environmental Document revalidation for the 15/91 ELC.
3. TERMS
3.1 The Services, as that term is defined in the Master Agreement, shall be
amended to include engineering and environmental services required to
complete the Caltrans supplemental Project Report and Environmental DRAFTATTACHMENT 1
19
17336.02101\29119713.2 2
Document revalidation for the 15/91 ELC, as set forth in detail in Exhibit “A”
attached to this Amendment No. 2 and incorporated herein by reference.
3.2 The maximum compensation to be provided under this Amendment No. 2
for the Services set forth in the attached Exhibit “A” shall not exceed One
Million Eight Hundred Eighty-Two Thousand Dollars ($1,882,000), as
further detailed in Exhibit “B” attached to this Amendment No. 2 and
incorporated herein by reference, unless otherwise approved in writing by
the Executive Director.
3.3 Except as amended by this Amendment No. 2, 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 Amendment No. 2.
[Signatures on following page] DRAFT20
17336.02101\29119713.2 3
SIGNATURE PAGE
TO
AGREEMENT NO. 15-31-001-02
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the
date first herein above written.
RIVERSIDE COUNTY PARSONS TRANSPORTATION
TRANSPORTATION COMMISSION GROUP, INC.
By:_____________________________ __________________________
Anne Mayer, Executive Director Signature
__________________________
Name
__________________________
Title
APPROVED AS TO FORM:
By: _____________________________
Best Best & Krieger LLP
General Counsel
DRAFT21
“EXHIBIT “A”
SCOPE OF SERVICES
[Attached behind this page]
DRAFT22
15/91 EXPRESS LANES CONNECTOR
Supplemental Project Report and Environmental Revalidation
SCOPE OF WORK
This scope of work (SOW) includes Engineering & Environmental services to complete
a Caltrans supplemental Project Report and Environmental Document revalidation for the
15/91 Express Lanes Connector Project (15/91 ELC). The 15/91 ELC will provide a direct
express lanes connection between SB 15 & WB SR-91 and EB SR-91 & NB 15. Express
Lane Connectors were included in the ultimate configuration of the preferred alternative
in the approved Project Report (Signed 8/10/12) for the SR-91 Corridor Improvement
Project (91 CIP). The Initial phase of construction of the 91 CIP is nearing project closeout
as of the date of this SOW. The design of the Express Lane Connectors as shown in the
approved Project Report was revised during the Design Build process for the 91 CIP and
a Geometric Approval Drawing was approved by Caltrans District 8 on 2/27/14 for the
revised design. Additionally, this project will include the extension of the express lanes to
the east; eastbound lanes to just west of Promenade Avenue and the westbound lanes
will begin just east of the 15/91 separation structure.
Key assumptions that this scope is based on:
Notice to proceed in October 2017
Completion by April 2019
The work will be based upon a single build alternative that is depicted in the
drawing titled “Express Lane Connector 91 Option 4” dated August 2017
Caltrans will accept the design exception approvals completed to date on this
project
The WB SR-91 Temescal Wash /BNSF OH structure will be a widening
Toll and Revenue studies will be prepared by others
Toll concept of operations will be developed by others
There will be no update to FHWA modified access report
Additional assumptions defined throughout this document
A. Project Management - TASK 100
A.1 Coordination and Meetings
Consultant shall direct & coordinate the work of its staff and subconsultants throughout
the course of the Project. Consultant shall serve as the primary contact for the consultant
team in communication with RCTC, Caltrans, railroad authorities, and other agencies.
Consultant shall coordinate and attend (18) monthly PDT meetings and up to 15
additional focus meetings. Agendas, meeting minutes, & an action item list shall be
prepared by the Consultant and distributed to the PDT at each meeting. Consultant shall
conduct weekly teleconference with RCTC staff to provide status updates and shall act DRAFT23
as an extension of staff as part of the project management duties and timely delivery of
construction documents.
Consultant will manage, prepare for, and attend an informational public outreach meeting.
A.2 Project Control & Administration
Consultant shall provide a detailed project schedule, indicating milestones, major
activities and deliverables. Consultant shall update and submit the schedule on a monthly
basis, to coincide with the PDT meetings or as required. Consultant will perform project
administration services consisting of: monthly invoicing (with associated back up),
monitoring progress against budget, and preparing progress reports.
A.3 Quality Assurance and Quality Control (QA/QC)
Consultant shall have a quality control plan in effect during the entire course of the project.
Consultant shall develop a plan establishing a process to ensure design calculations are
independently checked. Reports, exhibits, and plans shall also be checked, corrected and
back-checked for accuracy and completeness. Consultant shall review environmental
and engineering sub- consultant report submittals to ensure that appropriate background
information, study methodology, interpretation of data, format and content are completed
in accordance with current standards.
A.4 BNSF Coordination
Consultant will coordinate proposed design with BNSF to obtain conceptual approval and
update the railroad information sheet.
Deliverables: Project Management Plan, Project Meetings, Project Schedule, BNSF
Conceptual Approval.
A.5 Project Management Plan
Consultant will develop a Project Management plan which includes a list of deliverables,
milestones submittal schedule, summary of organization responsibilities and contacts,
specific scope of work, task budgets, reporting and invoicing procedures, QA/QC plan,
and project filing system.
Deliverables: Project Management Plan, Project Meetings, Project Schedule, BNSF
Conceptual Approval.
B. Supplemental Traffic Operations Analysis Report - TASK 200 DRAFT24
Consultant will utilize information in the following reports prepared for 91 CIP and I-15
ELP.
91 CIP Traffic Study Report, January 2010
I-15 ELP Traffic Operations Analysis Report, May 2014
I-15 ELP Managed Lanes Engineering Study Report, October 2014
The 91 CIP report analyzed the following years: Existing 2007, Opening 2015, & Horizon
2035. The I-15 ELP Reports analyzed: Existing 2013, Opening 2020, & Horizon 2040.
The 15/91 ELC was included in the Horizon year analysis in all reports. The opening year
for I-15 ELC is assumed to be 2022. Consultant will utilize the I-15 ELP and 91 CIP studies
to obtain 2022 volumes for the study area.
The study area is assumed to be from the I-15/6th Street Interchange to the SR-91/SR-
241 freeway-to-freeway interchange. The limits are one interchange beyond the
ingress/egress points impacted by the addition of the I-15 ELC.
B.1 Existing Traffic Counts
Consultant will conduct existing morning (AM) and evening (PM) peak hour counts for up
to 34 locations as determined by the Project team.
B.2 Traffic Forecasting Methodology Memo
Consultant will prepare a Traffic Forecasting Methodology Memo documenting the key
input assumptions and methodology to be used to produce existing and future traffic
volumes and discuss with RCTC and Caltrans staff for concurrence. The memo will
identify the basic geometry of the Build Alternative and the changes to the existing
condition that will constitute the No-Build Alternative. After concurrent review by the
RCTC & Caltrans staff, a Final Technical Memo will be prepared. The memo will be
submitted to the RCTC and Caltrans for approval prior to undertaking the forecasting
work.
Deliverables: Draft & Final Traffic Forecasting Methodology Memo
B.3 Traffic Operations Analysis Methodology Memo
Consultant shall develop a Traffic Operations Analysis Method Memo summarizing the
procedures and assumptions to be used in the traffic operations analysis. The memo will
be submitted to RCTC and Caltrans for concurrence prior to undertaking traffic operations
analysis work. After concurrent review by the RCTC & Caltrans staff, a Final Traffic
Operations Analysis Method Memo will be prepared. The memo will be submitted to the
RCTC and Caltrans for approval prior to undertaking the traffic operations analysis. DRAFT25
Deliverables: Draft & Final Traffic Operations Analysis Methodology Memo
B.4 Supplemental Traffic Operations Analysis Report
Consultant will prepare a supplemental TOA Report containing traffic operations analysis
for the opening year (2022) for the no-build and build alternative. The supplemental TOA
will include procedures and assumptions used in the traffic operations analysis. Available
data, reports, and relevant studies will be reviewed in preparation of the supplemental
TIA Report. Existing and future deficiencies in the arterial system will be identified. In
addition, Project related impacts and mitigation measures shall be identified. The study
will meet the requirements for the level of NEPA and CEQA documentation required for
the project. The results of the 15/91 ELC Revenue Study will be incorporated into the
Report. The supplemental TOA Report will be submitted to RCTC and Caltrans for review
and approval.
The following analysis of the Build & No Build scenarios for the opening year 2022 AM &
PM peak hours:
Mainline Segment Analysis
Weaving Segment Analysis
Ramp Merge/Diverge Analysis
Tolled Express Lane (TEL) Segment Analysis
Arterial Analysis
Deliverables: Draft & Final Supplemental Traffic Operations Analysis Report
B.5 Traffic Safety Analysis Report
Consultant will prepare a Traffic Safety Analysis Report in accordance with Caltrans
Traffic Operations Policy Directive (TOPD) 11-02 for this project. This analysis will meet
the Caltrans requirement and objective to identify, evaluate and thereby mitigate any
adverse impacts of the proposed changes to the express lanes. The purpose of the traffic
safety analysis is to ensure that safety needs and impacts are adequately considered
during the scoping stage of express lanes projects.
The following are the elements of this report:
Introduction – Project introduction, primarily taken from the Project Report
Purpose – brief outline of the purpose for this report
Traffic Safety Analysis
o Study Area Description DRAFT26
o Approach – outline of the study approach
o Existing Condition Characteristics
o Future facility Characteristics
o Traffic Volume reporting
o Traffic Operational and access opening analysis
o Weaving analysis
o Ingress/Egress Microsimulation – perform microsimulations to determine
hotspot locations for ingress/egress to the express lanes for the current
condition and post project condition opening day and design horizon year.
The microsimulation effort will be based upon the simulations prepared by
Stantec.
o Overhead safety lighting analysis
o Traffic Headlight glare evaluation
o Accident Analysis
o Recommendations and Conclusion
Deliverables: Draft & Final Supplemental Traffic Safety Analysis Report
C. Supplemental Project Report - Task 300
C.1 Preliminary Engineering
Consultant will provide preliminary engineering services to clearly define the project limits,
scope of traffic studies, and scope of environmental revalidation and gain consensus from
all project stakeholders. This scope includes: preparing exhibits, focused design analysis,
focused traffic analysis, stakeholder meetings, and cost estimates.
a. Updated Geometric Approval Drawing
(i) Updated Design Exception Fact sheets
b. Managed Lane ingress/egress design refinements
c. Preliminary toll system design coordination
C.2 Supplemental Project Report
Consultant will only update the following Project Report sections that have changed or
require discussion due to the 15/91 ELC:
C.2.1 Introduction
C.2.2 Recommendation
C.2.3 Background
A. Project History
DRAFT27
C.2.4 Purpose & Need
A. Problems Deficiencies, Justification
B. Traffic
C. Accident data and analysis
C.2.5 Alternatives
A. Viable Alternatives
B. Rejected Alternative
C.2.6 Considerations Requiring Discussion
A. Hazardous Waste
B. Right of Way Issues
C. Environmental Issues
D. Air Quality Conformity
E. Title VI Considerations
C.2.7 Other Considerations as Appropriate
A. Permits
B. Cooperative Agreements
C. Other Agreements
D. TMP
E. Stage Construction
F. Toll Operations
C.2.8 Programming
C.2.9 Reviews
C.2.10 Project Personnel
C.3 Supplemental Project Report Attachments
Consultant will only update the following Project Report attachments that have changed or
require discussion due to the 15/91 ELC:
C.3.1 Project Location Map
C.3.2 Storm Water Data Report (SWDR)
C.3.3 Non-Standard Design Features for the Preferred Alternative
C.3.4 Utility Relocation for the Preferred Alternative
C.3.5 Right of Way Data Sheets for the Preferred Alternative
C.3.6 Cost Estimates for the Preferred Alternative
C.3.7 Details of Initial Phase and Ultimate Project for the Preferred Alternative
DRAFT28
C.3.8 Initial Site Assessment
C.3.9 Title VI Policy Statement
C.3.10 TMP Data Sheets
C.3.11 Ramp & Connector Closures
C.3.12 SR-91 CIP Express Lanes: Toll System Description Report
C.3.13 Project Development Category Letter
C.3.14 EIR & EIS
C.3.15 Modified Access Report-Acceptability
C.3.16 Railroad Conceptual Approval
C.3.17 Existing Year 2007 Traffic Volumes
C.3.18 Year 2015 Traffic Volumes
C.3.19 Horizon Year 2035 Traffic Volumes
C.3.20 Structure Advanced Planning Studies for the Preferred Alternative
Structures included:
15/91 Express Lanes Connector
WB 91 Temescal Wash/BNSF OH Widen
EB 91 Express Lanes ramp to connector
15/91 Separation Tie-back walls
C.3.21 Geometric Plans for the Preferred Alternative
Deliverables: Draft & Final Supplemental Project Report
D. Structure Preliminary Geotechnical Report – TASK 600
Consultant will prepare a Preliminary Geotechnical Design Report in support of the
Advanced Planning Studies.
Deliverables: Draft & Final Preliminary Geotechnical Design Report/SFR
E. Environmental Services – TASK 800
DRAFT29
Consultant shall provide environmental services to satisfy environmental documentation
requirements under CEQA and NEPA for the 15/91 ELC project. The environmental
document is defined as a CEQA/NEPA revalidation. The type of environmental
document will be determined by the Commission before the start of environmental
activities. In support of the environmental document for the project, the Consultant shall
prepare technical memor anda and/or standalone technical studies to update previous
environmental findings and/or analyze potential impacts of the express lane connectors
to various environmental resources.
Based on our review of the preliminary layout of the 15/91 ELC Project, there are no
effects or impacts to the following environmental resources: land use, farmlands,
Section 4(f)/6(f), cultural/historical and energy. A technical study or technical
memoranda will not be prepared for these resources.
E.1 Environmental Updates and Technical Memoranda
It is anticipated that some minor change in environmental effects or
environmental setting are anticipated since the approval of the SR-91 CIP Final
EIR/EIS, (2012) for the following environmental resources and would be
documented either in the environmental document or technical memoranda:
growth, right of way, aerially deposit lead updated tolerance evaluation,
utilities/emergency services, visual/aesthetics, hydrology, geology, paleontology,
hazardous waste/materials, and cumulative impacts. It is assumed that most of
the previously prepared analyses and reports for these environmental resources
could be used to document potential impacts associated with the 15/91 ELC
project (no additional surveys or research of empirical data would not be
conducted). Impact findings are anticipated to be similar to the previous findings
in the Final EIR/EIS and would require minimal effort. A short discussion in the
environmental document or a technical memo will be prepared addressing
minimal changes to the project and justification on the validity of the previous
environmental analyses and findings stated in the Final EIR/EIS.
Consultant shall provide a discussion in the environmental document or prepare
technical memoranda for the following environmental resources:
Growth
Community Impacts
Utilities/Emergency Service
Visual/Aesthetics
Hydrology/Floodplain
Water Quality and Stormwater Runoff
Geology
Hazardous Waste/ Materials DRAFT30
Noise and Vibration
Cumulative Impacts
Deliverables: Discussion in the Revalidation document for the above mentioned
environmental resources.
Due to changes in environmental setting and/or potential impacts associated with the
additional project feature to Phase 1 of the SR-91 CIP, there are potential changes to
environmental effects resulting from the 15/91 ELC Project. Environmental resources
that require additional analyses and/or supplemental documentation include the
following resources: biology and air quality. The following standalone environmental
technical studies will be prepared for the project:
E.2 Supplemental Natural Environment Study
Consultant shall prepare a Supplemental Natural Environmental Study (SNES) to
include an updated IPAC and CNDBB species list. The SNES will include an
update to vegetation impacts, habitat impacts and jurisdictional resources
resulting from the 15/91 ELC project. Up to three reviews are anticipated.
Deliverables: Supplemental Natural Environmental Study
E.3 Air Quality
Consultant shall prepare a Supplemental Air Quality Study to update emissions
analysis resulting from the 15/91 ELC project. This report will provide an
emissions estimate to the additional project feature at opening year conditions. It
is assumed that horizon year 2035 conditions analysis will not be required. Up to
three reviews are anticipated.
Deliverables: Supplemental Air Quality Technical Study
E.4 Environmental Documentation
Depending on the results of the technical studies, it is anticipated that the
environmental documentation would be Revalidation, if the results of the
technical studies indicate that there are no significant or substantial impacts
beyond those identified in the SR-91 CIP Final EIR/EIS, dated August 2012. If
additional substantial impacts are identified, a Supplemental EIS would be
required, which would require an amendment to this scope. The following
environmental documentation activities will be completed for this scope:
E.5 Revalidation
DRAFT31
Consultant shall prepare a CEQA/NEPA Revalidation/Re-evaluation Form
summarizing the results of the supplemental technical studies. For environmental
resources resulting in no change since the previous environmental approval
and/or minor change in environmental setting and/or effects, a short discussion
justifying the validity of the Final EIR/EIS will be prepared in the Revalidation
Form. Up to three reviews are anticipated for the approval of the Revalidation
Form.
Deliverables: CEQA/NEPA Revalidation
E.6 Record of Decision (ROD)
Consultant shall prepare a Record of Decision (ROD) discussing potential effects
of the ELC project. Since the revalidation will not be circulated for public review,
response to comments will not be included in the ROD. The following activities
will be conducted by the Consultant for this effort:
Prepare ROD summarizing the results of the supplemental environmental
studies
Draft Statute of Limitations on Claims and submit to Caltrans for review and
approval.
Deliverables: Record of Decision; Statute of Limitation on Claims
DRAFT32
“EXHIBIT “B”
COMPENSATION
DRAFT33
Parsons
Date Rev Sht of
9/6/2017 3 1 4
Item Cat Code Rate Hours
1 PM Project Manager $85.00 571
2 RDL Roadway Design Lead $70.00 1,063
3 SPE Senior Project Engineer $65.00 1,248
4 EII Engineer II $50.00 1,340
5 EI Engineer I $45.00 550
6 AE Associate Engineer $40.00 300
7 RCAD $30.00 100
8 STM $85.00 420
9 STL $75.00 600
10 STD $50.00 240
11 STC $45.00 600
12 TRM $75.00 500
13 TRL $55.00 880
14 TRE $45.00 840
15 TMD $40.00 500
Subtotals 9,752
OH 125.72%
Fee 10.00%
Errata
Comments
$1,500,000
$69,175
Hours / Document
#DIV/0!
subtotal (Vendor Cost)
TOTAL COST
ODC Rate
$0.52
Doc Count
0
Other Direct Cost (ODC)
Composite Rate
$58.88
subtotal (Labor Cost)
$0
$5,095
Communications and Shipping
CAD Equipment/Computers/Software
Project Office / Supplies
$2,700
$0
$0
$775Reproduction
Other ( see Form C )
subtotal (ODC Cost)
$1,425,730
$1,620Travel and Living
Structures CADD $27,000
$721,903
$129,612
Traffic Engineer $37,800
Traffic Modeler $20,000
Traffic Manager $37,500
Traffic Lead $48,400
$574,215
$24,750
$67,000
Structures Lead $45,000
Structures Designer $12,000
$12,000
Roadway CADD $3,000
Structures Manager $35,700
Engineering Estimate Summary Form
Parsons
Company
J. Lemons
Estimated By
Discipline
$74,410
$81,120
Hours and Labor Charges
$48,535
Personnel Category
Civil15/91 Express Lanes Connector Engineering Support
Task Description
Salary Labor
File: ExB1 ...Form ADRAFT34
Parsons
Date Rev Sht of
9/12/2017 2 1 4
Item Cat Code Rate Hours
1 PM Project Manager $75.00 93
2 EL Environmental Lead $65.00 360
3 PRP Project Planner $70.00 170
4 PP Principal Planner $50.00 260
5 SP Senior Planner $45.00 344
6 EP Environmental Planner $40.00 853
7 AP $32.00 845
8 EI $20.00 70
9 PS $55.00 94
10 PTS $75.00 25
11 STS $45.00 25
12 TS $30.00 70
13 ST $35.00 35
14 TE $50.00 100
15 PE $72.00 0
Subtotals 3,344
OH 125.72%
Fee 10.00%
Errata
Comments
Discipline
$23,400
$11,900
Hours and Labor Charges
$6,975
Personnel Category
EnvironmentalEnvironmental Documentation
Task Description
Salary Labor
Consulting Estimate Summary Form
Parsons
Company
James Santos
Estimated By
$15,480
$13,000
Principal Scientist $5,170
Principal Technical Specialist $1,875
$34,120
Associate Planner $27,040
Environmental Intern $1,400
Senior Technical Specialist $1,125
$188,341
$33,815
Technical Editor $5,000
Project Engineer $0
Technical Specialist $2,100
Senior Technician $1,225
$149,810
subtotal (Labor Cost)
$1,749
$10,034
Communications and Shipping
CAD Equipment/Computers/Software
Project Office / Supplies
$4,950
$0
$0
$2,800Reproduction
Other ( see Form C )
subtotal (ODC Cost)
$371,966
$535Travel and Living
ODC Rate
$3.00
Doc Count
4
Other Direct Cost (ODC)
Composite Rate
$44.80
$382,000
$0
Hours / Document
836
subtotal (Vendor Cost)
TOTAL COST
File: 15-91_ELC-Price_Environmental_170912-r2 ...Form ADRAFT35
Agreement 08-1661
Project No. 0817000239
EA 0F543
08-RIV-91-6.1/7.6
Project Development Agreement 2017-02-17 (Created July 17, 2017)1 of 19
COOPERATIVE AGREEMENT
This AGREEMENT, effective on _______________________________, is between the State of
California, acting through its Department of Transportation, referred to as CALTRANS, and:
Riverside County Transportation Commission, a public corporation/entity, referred to
hereinafter as RCTC.
RECITALS
1.PARTIES are authorized to enter into a cooperative agreement for improvements to the State
Highway System per the California Streets and Highways Code sections 114 and 130.
2.For the purpose of this AGREEMENT, 91 toll connector to Interstate 15 will be referred to
hereinafter as PROJECT. The PROJECT scope of work is defined in the project initiation and
approval documents (e.g. Project Study Report, Permit Engineering Evaluation Report, or
Project Report).
3.All obligations and responsibilities assigned in this AGREEMENT to complete the following
PROJECT COMPONENT will be referred to hereinafter as WORK:
PROJECT APPROVAL AND ENVIRONMENTAL DOCUMENT (PA&ED)
Each PROJECT COMPONENT is defined in the CALTRANS Workplan Standards Guide as a
distinct group of activities/products in the project planning and development process.
ATTACHMENT 2
36
Agreement 08-1661
Project No. 0817000239
Project Development Agreement 2017-02-17 (Created July 17, 2017) 2 of 19
4. CALTRANS and RCTC entered into Master Agreement 08-1659 to document CALTRANS
contribution of State Highway Account (SHA) funds up to $427,172,000 to RCTC pursuant to
the Senate Bill 132 and SB 107, towards three (3) “On-System Projects” and two (2) “Off-
System Projects”. The PROJECT is one of the On-System Projects.
5. The PARTIES will define the terms and conditions under which PROJECT is to be
constructed.
6. The term AGREEMENT is made an express part of, and subject to, Master Agreement 08-
1659.
This AGREEMENT is separate from and does not modify or replace any other cooperative
agreement or memorandum of understanding between the PARTIES regarding the PROJECT.
If any provisions in this AGREEMENT are found by a court of competent jurisdiction to be, or
are in fact, illegal, inoperative, or unenforceable, those provisions do not render any or all other
AGREEMENT provisions invalid, inoperative, or unenforceable, and those provisions will be
automatically severed from this AGREEMENT.
Except as otherwise provided in the AGREEMENT, PARTIES will execute a written
amendment if there are any changes to the terms of this AGREEMENT.
PARTIES agree that this AGREEMENT will terminate on July 1, 2023. However, all
indemnification, document retention, audit, claims, environmental commitment, final
accounting and close out, legal challenge, maintenance and ownership articles will remain in
effect until terminated or modified in writing by mutual agreement or expire by the statute of
limitations.
7. No PROJECT deliverables have been completed prior to this AGREEMENT.
8. In this AGREEMENT capitalized words represent defined terms, initialisms, or acronyms.
9. PARTIES hereby set forth the terms, covenants, and conditions of this AGREEMENT.
37
Agreement 08-1661
Project No. 0817000239
Project Development Agreement 2017-02-17 (Created July 17, 2017) 3 of 19
RESPONSIBILITIES
Sponsorship
10. A SPONSOR is responsible for establishing the scope of the PROJECT and securing the
financial resources to fund the WORK. A SPONSOR is responsible for securing additional
funds when necessary or implementing PROJECT changes to ensure the WORK can be
completed with the funds obligated in this AGREEMENT.
PROJECT changes, as described in the CALTRANS Project Development Procedures Manual,
will be approved by CALTRANS as the owner/operator of the State Highway System.
11. RCTC is the SPONSOR for the WORK in this AGREEMENT.
Implementing Agency
12. The IMPLEMENTING AGENCY is the PARTY responsible for managing the scope, cost,
schedule, and quality of the work activities and products of a PROJECT COMPONENT.
RCTC is the Project Approval and Environmental Document (PA&ED)
IMPLEMENTING AGENCY.
PA&ED includes the completion of the Final Environmental Document and the Project
Report (documenting the project alternative selection).
13. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will provide a Quality
Management Plan (QMP) for the WORK in that component. The Quality Management Plan
describes the IMPLEMENTING AGENCY’s quality policy and how it will be used. The
Quality Management Plan will include a process for resolving disputes between the PARTIES
at the team level. The Quality Management Plan is subject to CALTRANS review and
approval.
14. Any PARTY responsible for completing WORK will make its personnel and consultants that
prepare WORK available to help resolve WORK-related problems and changes for the entire
duration of the PROJECT including PROJECT work that may occur under separate
agreements.
38
Agreement 08-1661
Project No. 0817000239
Project Development Agreement 2017-02-17 (Created July 17, 2017) 4 of 19
Funding
15. Per the Master Agreement 08-1659, CALTRANS shall pay SHA funds allocated under SB 132
up to $180,000,000 (SB132 FUNDS) to RCTC towards PROJECT, under the Master
Agreement 08-1659. All funding commitment, invoicing and payment of SB 132 FUNDS
shall occur under the Master Agreement 08-1659. Any other funding commitments involving
“NON SB 132 FUNDS” may be documented herein under a “NON SB 132 FUNDING and
SPENDING TABLE”, if necessary.
16. WORK costs are to be primarily paid from the funds obligated in the Master Agreement 08-
1659. Costs that are specifically excluded from the funds obligated in the Master Agreement
08-1659 are to be paid by the PARTY incurring the costs from funds that are independent of
this AGREEMENT and the Master Agreement 08-1659.
CALTRANS’ Quality Management
17. CALTRANS, as the owner/operator of the State Highway System, will perform quality
management work including independent quality assurance (IQA), environmental document
quality control, and owner/operator approvals for the portions of WORK within the existing
and proposed State Highway System right-of-way.
18. CALTRANS’ independent quality assurance (IQA) efforts are to ensure that RCTC's quality
assurance results in WORK that is in accordance with the applicable standards and the
PROJECT’s quality management plan (QMP). An IQA does not include any efforts necessary
to develop or deliver WORK or any validation by verifying or rechecking WORK.
When CALTRANS performs IQA it does so for its own benefit. No one can assign liability to
CALTRANS due to its IQA.
19. CALTRANS, as the owner/operator of the State Highway System, will approve WORK
products in accordance with CALTRANS policies and guidance and as indicated in this
AGREEMENT.
20. Per National Environmental Policy Act (NEPA) assignment and California Environmental
Quality Act (CEQA) statutes, CALTRANS will perform environmental document quality
control and NEPA assignment review procedures for environmental documentation.
CALTRANS quality control and quality assurance procedures for all environmental documents
are described in the Jay Norvell Memos dated October 1, 2012 (available at
http://www.dot.ca.gov/ser/memos.htm#LinkTarget_705). This also includes the independent
judgment analysis and determination under CEQA that the environmental documentation
meets CEQA requirements.
39
Agreement 08-1661
Project No. 0817000239
Project Development Agreement 2017-02-17 (Created July 17, 2017) 5 of 19
21. RCTC will provide WORK-related products and supporting documentation upon
CALTRANS’ request for the purpose of CALTRANS’ quality management work.
CEQA/NEPA Lead Agency
22. CALTRANS is the CEQA Lead Agency for the PROJECT.
23. CALTRANS is the NEPA Lead Agency for the PROJECT.
Environmental Permits, Approvals and Agreements
24. PARTIES will comply with the commitments and conditions set forth in the environmental
documentation, environmental permits, approvals, and applicable agreements as those
commitments and conditions apply to each PARTIES responsibilities in this AGREEMENT.
25. Unless otherwise assigned in this AGREEMENT, the IMPLEMENTING AGENCY for a
PROJECT COMPONENT is responsible for all PROJECT COMPONENT WORK associated
with coordinating, obtaining, implementing, renewing, and amending the PROJECT permits,
agreements, and approvals whether they are identified in the planned project scope of work or
become necessary in the course of completing the PROJECT.
26. It is expected that the PROJECT requires the following environmental permits/approvals:
ENVIRONMENTAL PERMITS/REQUIREMENTS
404, US Army Corps Of Engineers
401, Regional Water Quality Control Board
1602 California Department of Fish and Wildlife
National Pollutant Discharge Elimination System (NPDES), State Water Resources Control
Board
State Waste Discharge Requirements (Porter Cologne), Regional Water Quality Control Board
Project Approval and Environmental Document (PA&ED)
27. As the PA&ED IMPLEMENTING AGENCY, RCTC is responsible for all PA&ED WORK
except those activities and responsibilities that are assigned to another PARTY and those
activities that are excluded under this AGREEMENT.
40
Agreement 08-1661
Project No. 0817000239
Project Development Agreement 2017-02-17 (Created July 17, 2017) 6 of 19
28. CALTRANS will be responsible for completing the following PA&ED activities:
CALTRANS Work Breakdown Structure Identifier (If Applicable) AGREEMENT
Funded Cost
100.10.10.xx Quality Management No
165.15.15.xx Essential Fish Habitat Consultation No
165.15.15.xx Section 7 Consultation No
165.25.25 Approval to Circulate Resolution No
175.20 Project Preferred Alternative No
180.10.05.05.xx CEQA Lead Final Env. Doc QA/QC and Approval No
180.10.05.45 Section 7 Consultation No
180.15.05 Record of Decision (NEPA) No
180.15.10 Notice of Determination (CEQA) No
29. Any PARTY preparing environmental documentation, including studies and reports, will
ensure that qualified personnel remain available to help resolve environmental issues and
perform any necessary work to ensure that the PROJECT remains in environmental
compliance.
30. RCTC will provide written notice of the initiation of environmental studies to the CEQA and
NEPA Lead Agencies NEPA Lead Agency prior to completing any other PA&ED phase work.
California Environmental Quality Act (CEQA)
31. Environmental documentation will be prepared in compliance with the California Public
Resources Code §§ 21080.3.1(d)(e). CALTRANS will provide, and RCTC will use, a letter
template and a list of California Native American tribes requesting notification. RCTC will
prepare consultation documentation for CALTRANS’ signature and transmittal in compliance
with the statutorily required time frames.
32. The CEQA Lead Agency will determine the type of CEQA documentation and will cause that
documentation to be prepared in accordance with CEQA requirements.
33. Any PARTY involved in the preparation of CEQA documentation will prepare the
documentation to meet CEQA requirements and follow the CEQA Lead Agency’s standards
that apply to the CEQA process.
41
Agreement 08-1661
Project No. 0817000239
Project Development Agreement 2017-02-17 (Created July 17, 2017) 7 of 19
34. Any PARTY preparing any portion of the CEQA documentation, including any studies and
reports, will submit that portion of the documentation to the CEQA Lead Agency for review,
comment, and approval at appropriate stages of development prior to public availability.
35. RCTC will submit CEQA-related public notices to CALTRANS for review, comment, and
approval prior to publication and circulation.
36. RCTC will submit all CEQA-related public meeting materials to the CEQA Lead Agency for
review, comment, and approval at least ten (10) working days prior to the public meeting date.
If the CEQA Lead Agency makes any changes to the materials, then the CEQA Lead Agency
will allow RCTC to review, comment, and concur on those changes at least three (3) working
days prior to the public meeting date.
37. The CEQA Lead Agency will attend all CEQA-related public meetings.
38. If a PARTY who is not the CEQA Lead Agency holds a public meeting about the PROJECT,
that PARTY must clearly state its role in the PROJECT and the identity of the CEQA Lead
Agency on all meeting publications. All meeting publications must also inform the attendees
that public comments collected at the meetings are not part of the CEQA public review
process.
That PARTY will submit all meeting advertisements, agendas, exhibits, handouts, and
materials to the CEQA Lead Agency for review, comment, and approval at least ten (10)
working days prior to publication or use. If that PARTY makes any changes to the materials, it
will allow the CEQA Lead Agency to review, comment on, and approve those changes at least
three (3) working days prior to the public meeting date.
The CEQA Lead Agency maintains final editorial control with respect to text or graphics that
could lead to public confusion over CEQA-related roles and responsibilities.
42
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Project Development Agreement 2017-02-17 (Created July 17, 2017) 8 of 19
National Environmental Policy Act (NEPA)
39. Pursuant to Chapter 3 of Title 23, United States Code (23 U.S.C. 326) and 23 U.S.C. 327,
CALTRANS is the NEPA Lead Agency for the PROJECT. CALTRANS is responsible for
NEPA compliance, will determine the type of NEPA documentation, and will cause that
documentation to be prepared in accordance with NEPA requirements.
CALTRANS, as the NEPA Lead Agency for PROJECT, will review, comment, and approve
all environmental documentation (including, but not limited to, studies, reports, public notices,
and public meeting materials, determinations, administrative drafts, and final environmental
documents) at appropriate stages of development prior to approval and public availability.
When required as NEPA Lead Agency, CALTRANS will conduct consultation and
coordination and obtain, renew, or amend approvals pursuant to the Federal Endangered
Species Act, and Essential Fish Habitat.
When required as NEPA Lead Agency, CALTRANS will conduct consultation and
coordination approvals pursuant to Section 106 of the National Historic Preservation Act.
40. Any PARTY involved in the preparation of NEPA documentation will follow FHWA and
CALTRANS standards that apply to the NEPA process including, but not limited to, the
guidance provided in the FHWA Environmental Guidebook (available at
www.fhwa.dot.gov/hep/index.htm) and the CALTRANS Standard Environmental Reference.
41. Any PARTY preparing any portion of the NEPA documentation (including, but not limited to,
studies, reports, public notices, and public meeting materials, determinations, administrative
drafts, and final environmental documents) will submit that portion of the documentation to
CALTRANS for CALTRANS’ review, comment, and approval prior to public availability.
42. RCTC will prepare, publicize, and circulate all NEPA-related public notices, except Federal
Register notices. RCTC will submit all notices to CALTRANS for CALTRANS’ review,
comment, and approval prior to publication and circulation.
CALTRANS will work with the appropriate federal agency to publish notices in the Federal
Register.
43. The NEPA Lead Agency will attend all NEPA-related public meetings.
44. RCTC will submit all NEPA-related public meeting materials to CALTRANS for
CALTRANS’ review, comment, and approval at least ten (10) working days prior to the public
meeting date.
43
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Project Development Agreement 2017-02-17 (Created July 17, 2017) 9 of 19
45. If a PARTY who is not the NEPA Lead Agency holds a public meeting about the PROJECT,
that PARTY must clearly state its role in the PROJECT and the identity of the NEPA Lead
Agency on all meeting publications. All meeting publications must also inform the attendees
that public comments collected at the meetings are not part of the NEPA public review process.
That PARTY will submit all meeting advertisements, agendas, exhibits, handouts, and
materials to the NEPA Lead Agency for review, comment, and approval at least ten (10)
working days prior to publication or use. If that PARTY makes any changes to the materials, it
will allow the NEPA Lead Agency to review, comment on, and approve those changes at least
three (3) working days prior to the public meeting date.
The NEPA Lead Agency has final approval authority with respect to text or graphics that could
lead to public confusion over NEPA-related roles and responsibilities.
46. RCTC will ensure that the PROJECT is included in the approved Federal Statewide
Transportation Improvement Program (FSTIP) prior to the NEPA Lead Agency’s approval of
the environmental document.
Schedule
47. PARTIES will manage the WORK schedule to ensure the timely use of obligated funds and to
ensure compliance with any environmental permits, right-of-way agreements, construction
contracts, and any other commitments. PARTIES will communicate schedule risks or changes
as soon as they are identified and will actively manage and mitigate schedule risks.
48. The IMPLEMENTING AGENCY for each PROJECT COMPONENT will furnish PARTIES
with written quarterly progress reports during the completion of the WORK.
44
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Project No. 0817000239
Project Development Agreement 2017-02-17 (Created July 17, 2017) 10 of 19
Additional Provisions
Standards
49. PARTIES will perform all WORK in accordance with federal and California laws, regulations,
and standards; FHWA standards; and CALTRANS standards. CALTRANS standards include,
but are not limited to, the guidance provided in the:
CALTRANS policies and directives
Project Development Procedures Manual (PDPM)
Workplan Standards Guide
Standard Environmental Reference
Highway Design Manual
Noncompliant Work
50. CALTRANS retains the right to reject noncompliant WORK. RCTC agrees to suspend
WORK upon request by CALTRANS for the purpose of protecting public safety, preserving
property rights, and ensuring that all WORK is in the best interest of the State Highway
System.
Qualifications
51. Each PARTY will ensure that personnel participating in WORK are appropriately qualified or
licensed to perform the tasks assigned to them.
Consultant Selection
52. RCTC will invite CALTRANS to participate in the selection of any consultants that participate
in the WORK.
Encroachment Permits
53. CALTRANS will issue, upon proper application, the encroachment permits required for
WORK within State Highway System right-of-way. Contractors and/or agents, and utility
owners will not work within the State Highway System right-of-way without an encroachment
permit issued in their name. CALTRANS will provide encroachment permits to PARTIES,
their contractors, consultants and agents at no cost. If the encroachment permit and this
AGREEMENT conflict, the requirements of this AGREEMENT will prevail.
45
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Project Development Agreement 2017-02-17 (Created July 17, 2017) 11 of 19
54. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will coordinate, prepare,
obtain, implement, renew, and amend any encroachment permits needed to complete the
WORK.
Protected Resources
55. If any PARTY discovers unanticipated cultural, archaeological, paleontological, or other
protected resources during WORK, all WORK in that area will stop and that PARTY will
notify all PARTIES within 24 hours of discovery. WORK may only resume after a qualified
professional has evaluated the nature and significance of the discovery and CALTRANS
approves a plan for its removal or protection.
Disclosures
56. PARTIES will hold all administrative drafts and administrative final reports, studies, materials,
and documentation relied upon, produced, created, or utilized for the WORK in confidence to
the extent permitted by law and where applicable, the provisions of California Government
Code section 6254.5(e) will protect the confidentiality of such documents in the event that said
documents are shared between PARTIES.
PARTIES will not distribute, release, or share said documents with anyone other than
employees, agents, and consultants who require access to complete the WORK without the
written consent of the PARTY authorized to release them, unless required or authorized to do
so by law.
57. If a PARTY receives a public records request pertaining to the WORK, that PARTY will
notify PARTIES within five (5) working days of receipt and make PARTIES aware of any
disclosed public documents. PARTIES will consult with each other prior to the release of any
public documents related to the WORK.
Hazardous Materials
58. HM-1 is hazardous material (including, but not limited to, hazardous waste) that may require
removal and disposal pursuant to federal or state law, irrespective of whether it is disturbed by
the PROJECT or not.
HM-2 is hazardous material (including, but not limited to, hazardous waste) that may require
removal and disposal pursuant to federal or state law only if disturbed by the PROJECT.
The management activities related to HM-1 and HM-2, including and without limitation, any
necessary manifest requirements and disposal facility designations are referred to herein as
HM-1 MANAGEMENT and HM-2 MANAGEMENT respectively.
46
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Project Development Agreement 2017-02-17 (Created July 17, 2017) 12 of 19
59. If HM-1 or HM-2 is found the discovering PARTY will immediately notify all other
PARTIES.
60. CALTRANS, independent of the PROJECT, is responsible for any HM-1 found within the
existing State Highway System right-of-way. CALTRANS will undertake, or cause to be
undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT schedule.
CALTRANS will pay, or cause to be paid, the cost of HM-1 MANAGEMENT for HM-1
found within the existing State Highway System right-of-way with funds that are independent
of the funds obligated in this AGREEMENT.
61. If HM-1 is found within the PROJECT limits and outside the existing State Highway System
right-of-way, responsibility for such HM-1 rests with the owner(s) of the parcel(s) on which
the HM-1 is found. RCTC, in concert with the local agency having land use jurisdiction, will
ensure that HM-1 MANAGEMENT is undertaken with minimum impact to Project schedule.
The cost of HM-1 MANAGEMENT for HM-1 found within the PROJECT limits and outside
the existing State Highway System right-of-way will be paid from funds that are independent
of the funds obligated in this AGREEMENT and will be the responsibility of the owner(s) of
the parcel(s) where the HM-1 is located.
62. The CONSTRUCTION IMPLEMENTING AGENCY is responsible for HM-2
MANAGEMENT within the PROJECT limits.
63. CALTRANS’ acquisition or acceptance of title to any property on which any HM-1 or HM-2 is
found will proceed in accordance with CALTRANS’ policy on such acquisition.
Claims
64. Any PARTY that is responsible for completing WORK may accept, reject, compromise, settle,
or litigate claims arising from the WORK without concurrence from the other PARTY.
65. PARTIES will confer on any claim that may affect the WORK or PARTIES’ liability or
responsibility under this AGREEMENT in order to retain resolution possibilities for potential
future claims. No PARTY will prejudice the rights of another PARTY until after PARTIES
confer on the claim.
66. If the WORK expends state or federal funds, each PARTY will comply with the federal
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards of 2 CFR, Part 200. PARTIES will ensure that any for-profit consultant hired to
participate in the WORK will comply with the requirements in 48 CFR, Chapter 1, Part 31.
When state or federal funds are expended on the WORK these principles and requirements
apply to all funding types included in this AGREEMENT and Master Agreement 08-1659.
47
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Project No. 0817000239
Project Development Agreement 2017-02-17 (Created July 17, 2017) 13 of 19
Accounting and Audits
67. PARTIES will maintain, and will ensure that any consultant hired by PARTIES to participate
in WORK will maintain, a financial management system that conforms to Generally Accepted
Accounting Principles (GAAP), and that can properly accumulate and segregate incurred
PROJECT costs and billings.
68. PARTIES will maintain and make available to each other all WORK-related documents,
including financial data, during the term of this AGREEMENT.
PARTIES will retain all WORK-related records for three (3) years after the final voucher.
PARTIES will require that any consultants hired to participate in the WORK will comply with
this Article.
69. PARTIES have the right to audit each other in accordance with generally accepted
governmental audit standards.
CALTRANS, the state auditor, FHWA (if the PROJECT utilizes federal funds), and RCTC
will have access to all WORK -related records of each PARTY, and any consultant hired by a
PARTY to participate in WORK, for audit, examination, excerpt, or transcription.
The examination of any records will take place in the offices and locations where said records
are generated and/or stored and will be accomplished during reasonable hours of operation.
The auditing PARTY will be permitted to make copies of any WORK-related records needed
for the audit.
The audited PARTY will review the draft audit, findings, and recommendations, and provide
written comments within thirty (30) calendar days of receipt.
Upon completion of the final audit, PARTIES have forty-five (45) calendar days to refund or
invoice as necessary in order to satisfy the obligation of the audit.
Any audit dispute not resolved by PARTIES is subject to mediation. Mediation will follow the
process described in the General Conditions section of this AGREEMENT.
70. If the WORK expends state or federal funds, each PARTY will undergo an annual audit in
accordance with the Single Audit Act in the federal Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards as defined in 2 CFR, Part 200.
71. When a PARTY reimburses a consultant for WORK with state or federal funds, the
procurement of the consultant and the consultant overhead costs will be in accordance with
Chapter 10 of the Local Assistance Procedures Manual.
48
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Project Development Agreement 2017-02-17 (Created July 17, 2017) 14 of 19
Interruption of Work
72. If WORK stops for any reason, each PARTY will continue to implement the obligations of this
AGREEMENT, including the commitments and conditions included in the environmental
documentation, permits, agreements, or approvals that are in effect at the time that WORK
stops, and will keep the PROJECT in environmental compliance until WORK resumes.
Penalties, Judgements and Settlements
73. The cost of awards, judgments, or settlements generated by the WORK are to be paid from the
funds obligated in Master Agreement 08-1659.
74. The cost of legal challenges to the environmental process or documentation may be paid from
the funds obligated in Master Agreement 08-1659.
75. Any PARTY who action or lack of action causes the levy of fines, interest, or penalties will
indemnify and hold all other PARTIES harmless per the terms of this AGREEMENT.
GENERAL CONDITIONS
Venue
76. PARTIES understand that this AGREEMENT is in accordance with and governed by the
Constitution and laws of the State of California. This AGREEMENT will be enforceable in the
State of California. Any PARTY initiating legal action arising from this AGREEMENT will
file and maintain that legal action in the Superior Court of the county in which the
CALTRANS district office that is signatory to this AGREEMENT resides, or in the Superior
Court of the county in which the PROJECT is physically located.
Exemptions
77. SB 132 FUNDS are subject to the appropriation of resources by the Legislature and the State
Budget Act authority. In addition, state or federally administered “NON SB 132 FUNDS” are
subject to the allocation of funds by the California Transportation Commission. All
CALTRANS’ obligations under this AGREEMENT are subject to the appropriation of
resources by the Legislature, the State Budget Act authority and allocations of funds by the
California Transportation Commission.
49
Agreement 08-1661
Project No. 0817000239
Project Development Agreement 2017-02-17 (Created July 17, 2017) 15 of 19
Indemnification
78. Neither CALTRANS nor any of their officers and employees, are responsible for any injury,
damage, or liability occurring by reason of anything done or omitted to be done by RCTC, its
contractors, sub-contractors, and/or its agents under or in connection with any work, authority,
or jurisdiction conferred upon RCTC under this AGREEMENT. It is understood and agreed
that RCTC, to the extent permitted by law, will defend, indemnify, and save harmless
CALTRANS and all of their officers and employees from all claims, suits, or actions of every
name, kind, and description brought forth under, but not limited to, tortious, contractual,
inverse condemnation, or other theories and assertions of liability occurring by reason of
anything done or omitted to be done by RCTC, its contractors, sub-contractors, and/or its
agents under this AGREEMENT.
79. Neither RCTC nor any of their officers and employees, are responsible for any injury, damage,
or liability occurring by reason of anything done or omitted to be done by CALTRANS, its
contractors, sub-contractors, and/or its agents under or in connection with any work, authority,
or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and
agreed that CALTRANS, to the extent permitted by law, will defend, indemnify, and save
harmless RCTC and all of their officers and employees from all claims, suits, or actions of
every name, kind, and description brought forth under, but not limited to, tortious, contractual,
inverse condemnation, or other theories and assertions of liability occurring by reason of
anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or
its agents under this AGREEMENT.
Non-parties
80. PARTIES do not intend this AGREEMENT to create a third party beneficiary or define duties,
obligations, or rights for entities not signatory to this AGREEMENT. PARTIES do not intend
this AGREEMENT to affect their legal liability by imposing any standard of care for fulfilling
the WORK different from the standards imposed by law.
81. PARTIES will not assign or attempt to assign obligations to PARTIES not signatory to this
AGREEMENT without an amendment to this AGREEMENT.
Ambiguity and Performance
82. RCTC will not interpret any ambiguity contained in this AGREEMENT against CALTRANS.
RCTC waives the provisions of California Civil Code section 1654.
A waiver of a PARTY’s performance under this AGREEMENT will not constitute a
continuous waiver of any other provision.
50
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Project No. 0817000239
Project Development Agreement 2017-02-17 (Created July 17, 2017) 16 of 19
83. A delay or omission to exercise a right or power due to a default does not negate the use of that
right or power in the future when deemed necessary.
Defaults
84. If any PARTY defaults in its performance of the WORK, a non-defaulting PARTY will request
in writing that the default be remedied within thirty (30) calendar days. If the defaulting
PARTY fails to do so, the non-defaulting PARTY may initiate dispute resolution.
Dispute Resolution
85. PARTIES will first attempt to resolve AGREEMENT disputes at the PROJECT team level as
described in the Quality Management Plan. If they cannot resolve the dispute themselves, the
CALTRANS district director and the executive officer of RCTC will attempt to negotiate a
resolution. If PARTIES do not reach a resolution, PARTIES’ legal counsel will initiate
mediation. PARTIES agree to participate in mediation in good faith and will share equally in
its costs.
Neither the dispute nor the mediation process relieves PARTIES from full and timely
performance of the WORK in accordance with the terms of this AGREEMENT. However, if
any PARTY stops fulfilling its obligations, any other PARTY may seek equitable relief to
ensure that the WORK continues.
Except for equitable relief, no PARTY may file a civil complaint until after mediation, or
forty-five (45) calendar days after filing the written mediation request, whichever occurs first.
PARTIES will file any civil complaints in the Superior Court of the county in which the
CALTRANS district office signatory to this AGREEMENT resides or in the Superior Court of
the county in which the PROJECT is physically located.
86. PARTIES maintain the ability to pursue alternative or additional dispute remedies if a
previously selected remedy does not achieve resolution.
Prevailing Wage
87. When WORK falls within the Labor Code § 1720(a)(1) definition of "public works" in that it is
construction, alteration, demolition, installation, or repair; or maintenance work under Labor
Code § 1771, PARTIES will conform to the provisions of Labor Code §§ 1720-1815, and all
applicable provisions of California Code of Regulations found in Title 8, Division 1, Chapter 8,
Subchapter 3, Articles 1-7. PARTIES will include prevailing wage requirements in contracts
for public work and require contractors to include the same prevailing wage requirements in all
subcontracts.
51
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Work performed by a PARTY’s own employees is exempt from the Labor Code's Prevailing
Wage requirements.
If WORK is paid for, in whole or part, with federal funds and is of the type of work subject to
federal prevailing wage requirements, PARTIES will conform to the provisions of the Davis-
Bacon and Related Acts, 40 U.S.C. §§ 3141-3148.
When applicable, PARTIES will include federal prevailing wage requirements in contracts for
public works. WORK performed by a PARTY’s employees is exempt from federal prevailing
wage requirements.
52
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Project Development Agreement 2017-02-17 (Created July 17, 2017) 18 of 19
DEFINITIONS
PARTY – Any individual signatory party to this AGREEMENT.
PARTIES – The term that collectively references all of the signatory agencies to this
AGREEMENT.
WORK BREAKDOWN STRUCTURE (WBS) – A WBS is a standardized hierarchical listing of
project work activities/products in increasing levels of detail. The CALTRANS WBS defines
each PROJECT COMPONENT as a group of work activities/products. The CALTRANS
Work Breakdown Structure is defined in the CALTRANS Workplan Standards Guide.
53
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Project No. 0817000239
Project Development Agreement 2017-02-17 (Created July 17, 2017) 19 of 19
SIGNATURES
PARTIES are empowered by California Streets and Highways Code to enter into this
AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT
on behalf of the respective agencies and covenants to have followed all the necessary legal
requirements to validly execute this AGREEMENT.
Signatories may execute this AGREEMENT through individual signature pages provided that each
signature is an original. This AGREEMENT is not fully executed until all original signatures are
attached.
STATE OF CALIFORNIA RIVERSIDE COUNTY
DEPARTMENT OF TRANSPORTATION TRANSPORTATION COMMISSION
John Bulinski ___________________________________
District Director Anne Mayer
Executive Director
VERIFICATION OF FUNDS & AUTHORITY:
APPROVED AS TO FORM & PROCEDURE:
Mary Risaliti _____________________________________
District Budget Manager Best, Best and Krieger
Legal Counsel
APPROVED AS TO FORM & PROCEDURE:
Meera Danday
Deputy Attorney
54
15/91 Express Lane Connector Project
ATTACHMENT 3
55
9/21/2017
I-15/SR-91 Express Lanes Connector
Overall Procurement Strategy and
Western Riverside County Programs
and Projects Committee
September 25, 2017
Michael Blomquist
Toll Program Director
Governor Brown signed SB 132 on April 28, 2017
Provides $427 million for five transportation projects
Riverside County Transportation Efficiency Corridor
(RCTEC)
Direct appropriation, funds available immediately
Created task force to accelerate project deller
One of five projects: I-15/SR-91 Expr_+
$180 million allocation
1
9/21/2017
Unprecedented Legislation - Part 2
AB 115 signed June 27, 2017
— Budget trailer bill
— Commission received additional project delivery authority
• Extends Design -Build opportunities
• Authorizes Construction Manager/General Contractor
• Allows Amendment to any existing; contract
— I-15 Express Lanes Project
— 91 Project or 91 Express Lanes
• Allows any other delivery
I-15/SR-91 Express Lanes Connector Project
• Originally studied as part of
the 91 Project that opened
earlier this year
• Tolled express lane connectors
between I-15 and SR-91
• SB 132: all funds must be
spent by June 30, 2023
• RCTC commitment: award
construction by June 2020
I-15/SR- 1 Express lanes Connector
E Eas ale
Norco
Itidden'dQ�fLV
+4
Corona
O� Lake
I9'1►� At
Matthews
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Project Limits
2
9/21/2017
Deliver project while meeting legislative mandates
Ensure smart use of taxpayer dollars
Continue successful 91 Express Lanes operations
Maintain I-15 Express Lanes Construction schedules
Evaluation of Procurement Options
• Staff, consultants, and legal advisors convened
— Experienced in alternative delivery methods
• Identified all services needed
— Environmental, toll planning, final design, construction, etc.
• Compared project delivery alternative
— Impact to cost, completion schedule, ris
— Impact to traveling public and cust
3
9/21/2017
Recommended Direction
Amend existing contracts
— Staff augmentation
— Toll: planning, system design/installation, O&M
— Legal, financial advisory, traffic and revenue studies
— Environmental documentation
— Preliminary engineering, final (engineering) design
— Construction, construction management
Rationale
Time savings due to eliminating numerous procurements
Cost economies of scale due to combined work
Leverage past successes on 91 and 15 with existing partners
Minimize impact to public and customers
Staff Recommendation #1:
.approve overall procurement strategy for the 15/91 ELC Project
4
9/21/2017
Final Civil Design & Construction
• Existing contract for I-15 Express Lanes Project
— Design -build contractor: Skanska-Ames Joint Venture
— Amendment offers best chance of meeting goals
— No anticipated delay to opening I-15 Express Lanes Project
• Seeking fair cost and timely completion for tax and
— Independent Construction Estimate
— Competitive procurement should nego '
ti.
Preliminary Engineering and
Environmental Documentation
• Amend Parsons existing contract
— Consistent with overall procurement strategy
— Update and reconfirm prior 91 environmental work
— Amendment: $2,070,200 amount not to exceed
— Estimated 18 months to complete work
• Execute a Cooperative Agreement wi
Staff Recommendation #2 and #3:
Approve Parsons contract amendment.
Approve cooperative agreement NN ith Caltrans
5
9/21/2017
Recommendations
Request the Committee approve the following for the
15/91 Express Lanes Connector Project:
• Overall procurement strategy;
• Approve preliminary engineering and environmental
documentation agreements with the following:
o Parsons for a total amount not to exceed $2,070,200;
o Caltrans
• Authorize the Chair or Executive D.
Forward to the Commission for
6
AGENDA ITEM 8
Agenda Item 8
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: September 25, 2017
TO: Western Riverside County Programs and Projects Committee
FROM: David Thomas, Toll Project Manager
THROUGH: Michael Blomquist, Toll Program Director
SUBJECT: Agreement with the City of Corona for Improvements to the Ontario Avenue
Interchange at Interstate 15
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Approve Agreement No. 18‐31‐050‐00 with the city of Corona (City) for the Commission’s
fair share of improvements to the Ontario Avenue Interchange at Interstate 15 (I‐15) due
to impacts from the State Route 91 Corridor Improvement Project (91 Project), in the
amount of $1,337,072, plus a contingency amount of $133,928, for a total amount not to
exceed $1,471,000;
2) Authorize the Executive Director, or designee, to approve release of contingency work up
to the total authorized amount as may be required for the 91 Project;
3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute
the agreement on behalf of the Commission; and
4) Forward to the Commission for final action.
BACKGROUND INFORMATION:
The Commission’s 91 Project (shown in Figure 1) Final Traffic Study Report (Report), completed
in 2010, analyzed the impacts of the 91 Project on various intersections throughout the City. The
Final Environmental Document (FED) completed in 2012 identified the 91 Project’s fair share for
specific traffic improvements within the City.
56
Agenda Item 8
Figure 1: SR‐91 Corridor Improvement Project Vicinity Map
The Ontario Avenue Interchange is the closest access location to the Riverside 91 Express Lanes
from I‐15 and will continue to be after the I‐15 Express Lane Project (I‐15 ELP) is constructed and
operational. The Report identified 91 Project impacts to the operations of the Ontario Avenue
Interchange. Staff and the City developed a plan to mitigate these impacts. The plan includes
the addition of one lane in each direction to Ontario Avenue between Compton Avenue and the
I‐15 northbound ramps and necessary modifications to connecting roadways between these
limits.
Commission staff performed an independent cost estimate for the Ontario Avenue Interchange
improvements (Project) estimated at $6,077,600, which includes all phases of project
development including support costs. The Commission’s fair share as identified in the FED is
22 percent of the Project costs. The Commission’s fair share contribution is currently estimated
to be $1,337,072, which will be used to reimburse the City for actual costs of the Project, and for
no other purpose.
The City is planning to complete the Project by 2020. Because the Project will potentially impact
the I‐15 ELP, coordination between the Commission and the City prior to and during construction
of the Project is crucial to mitigate potential impacts that Project construction may have on the
I‐15 ELP.
Staff recommends approval of Agreement No. 18‐31‐050‐00 with the City for the Commission’s
fair share of improvements to the Ontario Avenue Interchange at I‐15 due to impacts from the
91 Project, for $1,337,072 plus a contingency of $133,928, for a total amount not to exceed
57
Agenda Item 8
$1,471,000. Staff also recommends authorization for the Chair or Executive Director, pursuant
to legal counsel review, to execute the agreement.
Financial Information
In Fiscal Year Budget: Yes
N/A Year: FY 2017/18
FY 2018/19+ Amount: $ 100,000
$1,371,000
Source of Funds:
Measure A Sales Tax Equity
Contributions, 2017 Sales Tax Bonds
Proceeds, Commercial Paper Proceeds
Budget Adjustment: No
Yes
GL/Project Accounting No.: 003028 81301 262 31 81301
Fiscal Procedures Approved: Date: 09/12/2017
Attachment: Draft Agreement No. 18‐31‐050‐00
58
17336.02100\29360193. 3 1
Agreement No.: ________________
COOPERATIVE AGREEMENT
BETWEEN
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AND
THE CITY OF CORONA
FOR IMPROVEMENTS TO ONTARIO AVENUE AT I-15
This Cooperative Agreement (“Cooperative Agreement”) is made and entered into this
_____ day of _________, 2017 by and between the Riverside County Transportation Commission
(“RCTC”) and the City of Corona (the “City”). RCTC and the City are sometimes referred to
herein individually as (“Party”), and collectively as (“Parties”).
RECITALS
WHEREAS, one additional lane in each direction will be added to Ontario Avenue between
Compton Avenue and the Interstate 15 (“I-15”) northbound ramps in the City of Corona and
necessary modifications will be made to connecting roadways between these limits, as depicted in
the attached Exhibit “A” (“Project”).
WHEREAS, the Project has a total estimated cost of $6,077,600 (“Total Project Cost”), as
more particularly described in Exhibit “B” attached hereto and incorporated herein by reference.
WHEREAS, as part of RCTC’s State Route 91 Express Lanes and Corridor Improvement
Project (“91 CIP”), RCTC completed a Final Traffic Study Report (“Report”) which analyzes the
impacts of the 91 CIP on various intersections, and provides for mitigation by RCTC through
payment of a fair share contribution for specified traffic improvements. The fair share
methodology used in the Report is based on the City’s Traffic Impact Study Guidelines.
WHEREAS, the Project is identified in the Report, and is subject to a fair share contribution
from RCTC, as further set forth herein.
WHEREAS, RCTC is implementing the Interstate 15 Express Lanes Project, which
involves the construction of tolled express lanes in each direction between the I-15/Cajalco Road
interchange and the I-15/State Route 60 interchange (“I-15 ELP”).
WHEREAS, it is the intent of the Parties to enter into this Cooperative Agreement to
establish and coordinate the responsibilities of the Parties with respect to the Project, all as further
set forth herein.
WHEREAS, because the Project, if constructed, will potentially impact the I-15 ELP,
coordination between the Parties prior to and during construction of the Project is crucial to
59
17336.02100\29360193. 3 2
mitigate potential impacts that Project construction may have on the I-15 ELP.
WHEREAS, pursuant to the terms of this Cooperative Agreement, the City shall engage
the services of a contractor (“Contractor”) to complete the Project.
WHEREAS, the Parties acknowledge that the City’s full compliance with the California
Environmental Quality Act (“CEQA”) and all other applicable laws are a precondition to any
construction of the Project.
WHEREAS, the Parties acknowledge and agree that nothing in this Cooperative
Agreement commits RCTC to approving or constructing the Project.
NOW THEREFORE, for good and valuable consideration, the receipt of which is hereby
acknowledged, it is mutually understood and agreed by RCTC and the City as follows:
TERMS
1. Incorporation of Recitals. The recitals set forth above are true and correct and are
incorporated into this Cooperative Agreement by reference as though fully set forth herein.
2. Term. This Cooperative Agreement shall be effective as of the date first set forth above,
and shall continue in effect until the Project is complete, as evidenced by both the City’s recording
of a notice of completion for the Project and RCTC’s payment of all outstanding reimbursements.
3. General Agreement to Cooperate. The Parties agree to mutually cooperate in order to help
ensure that the Project is successfully completed with minimum impact to both Parties, and the
public.
4. Obligations of RCTC.
4.1 RCTC shall pay its fair share to the City for the cost of the Project. The Parties
agree that RCTC’s fair share shall be 22% of the Project costs. RCTC’s fair share contribution is
currently estimated to be $1,471,000 (“Fair Share Contribution”), which amount shall be used to
reimburse the City for actual costs of the Project, and for no other purpose. The City shall notify
RCTC in advance of any change in the Project costs that may impact the Fair Share Contribution.
If RCTC agrees with the basis for the changed costs, the Parties shall execute an amendment to
this Cooperative Agreement to reflect the revised Fair Share Contribution amount.
4.2 RCTC shall make periodic payments to City no more frequently than monthly.
Payments of undisputed Project costs shall be made within thirty (30) days following RCTC’s
approval of an invoice from the City.
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17336.02100\29360193. 3 3
5. Obligations of the City
5.1 The City shall be responsible for procuring all design and construction management
services necessary, or providing staff resources necessary, to complete the Project. The City shall
be responsible for the process of selecting and contracting with a design firm and construction
management firm, if necessary, and with a Contractor to complete the Project in compliance with
all applicable local, state and federal laws including, without limitation, the California Public
Contract Code and the California Labor Code. The City shall be responsible for complying with
CEQA and obtaining all applicable environmental clearances and permits necessary to complete
the Project.
5.2 The City shall regularly invoice RCTC, not more frequently than once per month,
for Project costs described in Exhibit “B” not to exceed the Fair Share Contribution amount
specified in Section 4.1 above. Invoices shall be in a form approved by RCTC, and shall include
such documentation as required by RCTC.
5.3 Upon completion of Project construction, the City shall record a notice of
completion for the Project.
5.4 The City shall be responsible for all design and construction contract management
costs related to the Project, and for purchasing the equipment to be used and installed for the
Project.
5.5 The City shall provide RCTC an opportunity to review and approve all design
documents generated for the Project, which the City anticipates will be relied upon by the
Contractor to construct the Project.
5.6 The City shall obtain or shall require the Contractor to obtain all required permits
and approvals for all Project work.
5.7 The City shall complete the design and construction of the Project in a timely
manner so as to avoid adverse effects to the public. The City agrees the Project shall not interfere
with the I-15 ELP. To this end, the City shall coordinate and cooperate with RCTC and its
consultants and contractors to ensure such interference does not occur and the I-15 ELP is allowed
to progress as scheduled. Such coordination and cooperation shall include, but not be limited to,
coordination of traffic control and detours. In the event interference of the I-15 ELP occurs or is
reasonably anticipated, the I-15 ELP shall take priority over the Project and the City shall
immediately comply with any and all directions given by RCTC to address, prevent, mitigate, or
eliminate such interference.
5.8 The City shall install, maintain, operate, and repair its facilities in a manner which
avoids or minimizes, to the extent possible and reasonable, any impact to the I-15 ELP.
5.9 The City shall include, in its contract with the Contractor, a requirement that the
Contractor include RCTC, its members, officers, employees and agents as additional insureds and
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17336.02100\29360193. 3 4
as indemnified parties under said contract. Insurance shall be in the same amounts and with the
same provisions as provided for the benefit of the City.
5.10 As between RCTC and the City, the City and its consultants shall be responsible
for performing design reviews and construction inspection of the Project work to ensure
conformance with City standards and the construction contract including, but not limited to, the
technical provisions of said contract. The City shall allow RCTC staff access to the Project site,
at all times, to perform observation of any Project improvements. Such observation, if completed,
shall be for RCTC’s benefit only and shall not relieve the City of any responsibility hereunder.
5.11 The City, as the owner of the improvements to be made pursuant to this Cooperative
Agreement, shall be solely responsible for all future maintenance thereof.
6. Time is of the Essence. Each Party warrants that it shall make its best efforts to perform
all obligations assigned to it related to the Project in such a manner as to allow the Project to
progress as scheduled.
7. Dispute Resolution. Unless otherwise specified herein, the Parties shall submit any
unresolved dispute to RCTC’s Executive Director and the City Manager for negotiation. The
Executive Director and the City Manager agree to undertake good faith attempts to resolve said
dispute, claim, or controversy within ten (10) calendar days after the receipt of written notice from
the Party alleging that a dispute, claim or controversy exists. The Parties additionally agree to
cooperate with the other Party in scheduling negotiation sessions. However, if said matter is not
resolved within thirty (30) calendar days after conducting the first negotiating session, either Party
may, but is not required to, request that the matter be submitted to further dispute resolution
procedures, as may be agreed upon by the Parties.
8. Legal Action. If a matter is not resolved within thirty (30) calendar days after the first
negotiating session between the Executive Director and the City Manager, unless otherwise agreed
upon in writing by the Parties, either Party may proceed with any other remedy available in law or
in equity.
9. Indemnification.
9.1 RCTC shall indemnify, defend and hold the City, its directors, officials, officers,
employees, agents, consultants and contractors free and harmless from any and all claims,
demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or in
equity, to property or persons, including wrongful death, in any manner arising out of or incident
to any negligent acts, omissions or breach of law, or willful misconduct of RCTC, its officials,
officers, employees, agents, consultants or contractors in the performance of RCTC’s obligations
under this Cooperative Agreement, including the payment of all reasonable attorneys fees.
9.2 The City shall indemnify, defend and hold RCTC, its directors, officials, officers,
employees, agents, consultants and contractors free and harmless from any and all claims,
demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or in
equity, to property or persons, including wrongful death, in any manner arising out of or incident
62
17336.02100\29360193. 3 5
to any negligent acts, omissions or breach of law, or willful misconduct of the City, its officials,
officers, employees, agents, consultants or contractors in the performance of the City’s obligations
under this Cooperative Agreement, including the payment of all reasonable attorneys fees.
9.3 The indemnification provisions set forth in this Section 9 shall survive any
expiration or termination of this Cooperative Agreement.
10. Notices. All notices, requests, demands and other communications required or permitted
to be given under this Cooperative Agreement shall be in writing and shall either be delivered in
writing by certified or registered first class mail, postage prepaid, deposited in the United States
mail, and properly addressed to the Party at its address set forth below, or at any other address that
such Party may designate by written notice to the other Party:
RCTC:
Riverside County Transportation Commission
4080 Lemon Street, 3rd Floor
Riverside, CA 92501
Attn: Michael Blomquist
CITY:
City of Corona
400 S. Vicentia Avenue
Corona, CA 92882
Attn: Nelson D. Nelson
11. Force majeure. The failure of performance by either Party (except for payment obligations)
hereunder shall not be deemed to be a default where delays or defaults are due to war; insurrection;
strikes; lock-outs; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public
enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation;
governmental restrictions; unusually severe weather; inability to secure necessary labor, materials
or tools; delays of any contractor, subcontractor, railroad, or suppliers; acts of the other Party; acts
or failure to act of any other public or governmental agency or entity (other than that acts or failure
to act of the Parties); or any other causes beyond the control or without the fault of the Party
claiming an extension of time to perform or relief from default. An extension of time for any such
cause shall be for the period of the enforced delay and shall commence to run from the time of the
commencement of the cause, if notice by the party claiming such extension is sent to the other
party within thirty (30) days of the commencement of the cause. Times of performance under this
Cooperative Agreement may also be extended in writing by mutual agreement between the Parties.
12. Amendments. This Cooperative Agreement may be amended at any time by the mutual
consent of the Parties by an instrument in writing.
13. Assignment of Cooperative Agreement. Neither Party may assign or transfer its respective
rights or obligations under this Cooperative Agreement without the express written consent of the
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17336.02100\29360193. 3 6
other Party. Any purported assignment or transfer by one Party without the express written consent
of the other Party shall be null and void and of no force or effect.
14. Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting
Party on any default shall impair such right or remedy or be construed as a waiver. No consent or
approval of either Party shall be deemed to waive or render unnecessary such Party’s consent to
or approval of any subsequent act of the other Party. Any waiver by either Party of any default
must be in writing and shall not be a waiver of any other default concerning the same or any other
provision of this Cooperative Agreement.
15. Severability. In the event that any one or more of the phrases, sentences, clauses,
paragraphs, or sections contained in this Cooperative Agreement shall be declared invalid or
unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or
unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or
sections of this Cooperative Agreement, which shall be interpreted to carry out the intent of the
parties hereunder.
16. Survival. All rights and obligations hereunder that by their nature are to continue after any
expiration or termination of this Cooperative Agreement, shall survive any such expiration or
termination.
17. Third Party Beneficiaries. There are no third-party beneficiaries to this Cooperative
Agreement.
18. Entire Agreement. This Cooperative Agreement contains the entire agreement of the
Parties relating to the subject matter hereof and supersedes all prior negotiations, agreements or
understandings.
[SIGNATURES ON FOLLOWING PAGE]
64
17336.02100\29360193. 3 7
SIGNATURE PAGE
TO
COOPERATIVE AGREEMENT
BETWEEN
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AND
THE CITY OF CORONA
FOR IMPROVEMENTS TO ONTARIO AVENUE AT I-15
AGREEMENT NO. _____________________
IN WITNESS WHEREOF, the Parties hereto have executed this Cooperative Agreement
on the date first herein above written.
RIVERSIDE COUNTY CITY OF CORONA
TRANSPORTATION COMMISSION
By: By: _____________________________
John Tavaglione, Chairman Signature
_____________________________
Name
_____________________________
Title
ATTEST:
By: ____________________________
City Clerk
Approved as to Form: Approved as to Form:
By: ____________________________ By: ______________________________
Best Best & Krieger LLP Dean Derleth
General Counsel City Attorney
65
17336.02100\29360193. 3 Exhibit A
EXHIBIT “A”
DEPICTION OF PROJECT
[attached behind this page]
66
17336.02100\29360193. 3 Exhibit B
EXHIBIT “B”
PROJECT COSTS
[attached behind this page]
67
AGENDA ITEM 9
Agenda Item 9
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: September 25, 2017
TO: Western Riverside County Programs and Projects Committee
FROM: David Thomas, Toll Project Manager
THROUGH: Michael Blomquist, Toll Program Director
SUBJECT: Amendment to Agreement with BNSF Railway for the State Route 91 Corridor
Improvement Project at the West Porphyry Overhead
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Approve Agreement No. 14-31-114-03, Amendment No. 3 to Agreement No.
14-31-114-00, with Burlington Northern Santa Fe Railway (BNSF) for extended flagging
services related to the State Route 91 Corridor Improvement Project (91 Project) for an
additional amount of $200,000, and a total amount not to exceed $7,621,234;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute
the agreement on behalf of the Commission; and
3) Forward to the Commission for final action.
BACKGROUND INFORMATION:
The 91 Project (shown in Figure 1) crosses over BNSF property in four locations.
Figure 1: SR-91 Corridor Improvement Project Vicinity Map
68
Agenda Item 9
At its May 14, 2014 meeting, the Commission approved the following four construction and
maintenance (C&M) agreements with BNSF for a total not to exceed amount of $8,053,475:
a) Agreement No. 14-31-112-00, East Porphyry Overhead, located just south of the 15/91
interchange;
b) Agreement No. 14-31-113-00, East Prado Overhead, located just east of the 71/91
interchange;
c) Agreement No. 14-31-114-00, West Porphyry Overhead located just west of the 15/91
interchange; and
d) Agreement No. 14-31-115-00, West Prado Overhead located adjacent to the SR-91/Green
River Road interchange.
At the end of 2015, it became apparent to staff the originally estimated budget for flagging
services would not be adequate to complete the work involved. Staff determined it was in the
Commission’s best interest to include flagging services for all of the C&M agreements under
Agreement No. 14-31-114-00. In April 2016, the Commission approved Amendment No. 1 to all
four BNSF agreements for the 91 Project that included a decrease to Agreement Nos.
14-31-112-00, 14-31-113-00, and 14-31-115-00, and an increase to Agreement No. 14-31-114-00
for a total amount not to exceed $9,053,475. This resulted in a revised total amount not to
exceed $6,921,234 for Agreement No. 14-31-114-00, with a remaining contingency of $276,240.
In June 2017, the Commission approved Amendment No. 2 to Agreement No. 14-31-114-00 to
allocate the remaining contingency and an additional $223,760, for extended flagging services
related to the 91 Project for a total amount not to exceed $7,421,234.
During the close out phase of the 91 Project, several unforeseen conditions have occurred that
have caused the remaining work adjacent to the railroad to extend beyond the planned schedule.
Therefore, additional BNSF flagging will be required to complete this remaining work. The
additional BNSF flagging, estimated at $200,000, is required to support the 91 Project through
final acceptance scheduled for November 15, 2017. Since the BNSF C&M agreements are
between BNSF, the Commission, and Caltrans, the Commission is invoiced and directly pays for
the BNSF flagging services. However, per the design-build contract, the design-builder is
responsible for the costs associated with all BNSF provided flagging services and is invoiced by
the Commission for those costs. Such reimbursements effectively reduce the expenditures
recorded.
Staff recommends approval of Agreement No. 14-31-114-03, Amendment No. 3 to Agreement
No. 14-31-114-00, with BNSF for extended flagging services in the amount of $200,000, for a total
amount not to exceed $7,621,234. Staff also recommends authorization for the Chair or
Executive Director, pursuant to legal counsel review, to execute the amendment.
69
Agenda Item 9
Financial Information
In Fiscal Year Budget: Yes Year: FY 2017/18 Amount: $200,000
Source of Funds: Design-Builder reimbursements Budget Adjustment: No
GL/Project Accounting No.:
003028 81304 00104 0000 262 31 81301 (Flagging) $200,000
003028 81304 00104 0000 262 31 81301 (Flagging reimbursement)
($200,000)
Fiscal Procedures Approved: Date: 09/12/2017
Attachment: Draft Amendment to Supplemental Agreement
70
West Porphyry (Temescal) Overhead - Amendment to Supplemental Agreement, May 15, 2017
1
AMENDMENT TO SUPPLEMENTAL AGREEMENT
08-RIV-91 PM 6.93
BNSF Agreement No. BF-10006322
STATE Contract No. 08R191
RCTC Agreement No. 14-31-114-03
W. Porphyry (Temescal Bridge and Overhead) STATE Br. No. 56-0446
DOT No. 026522X
San Bernardino Subdivision
LS 7602
MP 23.43
This AMENDMENT TO SUPPLEMENTAL AGREEMENT, is executed to be effective as of this ______ day of
_____________, 2017 (“Effective Date”), by and between BNSF RAILWAY COMPANY , a Delaware
corporation ("BNSF"), the STATE OF CALIFORNIA, acting through the Department of Transportation,
hereinafter referred to as ("STATE"), and the RIVERSIDE COUNTY TRANSPORTATION COMMISSION
hereinafter referred to as (“RCTC”), a public entity of the State of California, hereinafter referred to as
(“Parties”).
RECITALS:
BNSF, STATE, and RCTC are parties to a Construction and Maintenance Agreement, dated July 11, 2014, identified in
BNSF’s records as BNSF Contract No. BF-10006322, (“West Porphyry Overhead Construction and Maintenance
Agreement”) which covers any and all work related to the construction involving the modification of the West Porphyry
Overhead “(OVERHEAD)” providing for its partial demolition, widening, construction of express lanes, and new ramp
connections to Interstate Highway I-15 to accommodate the SR-91 Corridor Improvement Project (the “Project”);
WHEREAS, the Parties entered into a Supplemental Agreement, dated _______, 2016, in order to extend the term of the
Temporary Construction License for the West Porphyry Overhead Construction and Maintenance Agreement an
additional Three (3) months, and to provide funding for additional flagging services required for cost of railroad work.
WHEREAS, RCTC now desires to amend the Supplemental Agreement to acknowledge extension of the term of the
Temporary Construction License for the West Porphyry Overhead Construction and Maintenance Agreement, at no cost
to RCTC, and to provide for additional compensation for additional flagging and other railroad work required for
completion of the Project.
The parties hereto are in agreement to amending the Supplemental Agreement related to the West Porphyry Overhead
Construction and Maintenance Agreement as follows:
AGREEMENT
IN CONSIDERATION of the premises, it is mutually agreed that the Supplemental Agreement to the West Porphyry
Overhead Construction and Maintenance Agreement is hereby further supplemented and amended as follows:
1. The term of the Temporary Construction License under the West Porphyry Overhead Construction and
Maintenance Agreement, as amended by the Supplemental Agreement, is further extended, at no cost, through
__________, unless further extended by mutual agreement of BNSF and RCTC.
2. Two Hundred Thousand Dollars ($200,000) is hereby allocated by RCTC for the additional BNSF railroad flagging
and any related railroad work made necessary due to the extension of the term of the Temporary Construction License for
West Porphyry and the additional work required for completion of the Project.
71
West Porphyry (Temescal) Overhead - Amendment to Supplemental Agreement, May 15, 2017
2
3. Article V, Section 21 is amended to read as follows: [any changes needed to notice provisions? If not, this can
be deleted.]
21. Any notice provided for herein or concerning this Agreement must be in writing and will be
deemed sufficiently given when sent by certified mail, return receipt requested, to the Parties at
the following addresses:
BNSF: Manager Public Projects
Jason Sanchez
740 E. Carnegie Drive
San Bernardino, CA 92408
Email: Jason.Sanchez@bnsf.com
Director Bridge Engineering
Ron Berry
4515 Kansas Avenue
Kansas City, KS 66106
Email: ronald.berry@bnsf.com
Project Engineer
Greg Rousseau
740 E. Carnegie Drive
San Bernardino, CA 92408
Email: Greg.Rousseau@bnsf.com
Division Engineer
Jimmy Capps
740 E. Carnegie Drive
San Bernardino, CA 92408
Email: jimmy.capps@bnsf.com
RCTC: Michael Blomquist
Toll Program Director
Riverside County Transportation Commission
4080 Lemon Street, 3rd Floor
Riverside, CA 92502-2208
Office: (951) 778-1098
Fax (951) 787-7920
Email: mblomquist@rctc.org
STATE: Department of Transportation
Ben Martin
Office Chief for Railroads and Utilities Relocation
Division of Right of Way & Land Surveys
1120 N. Street, MS 37
Sacramento, CA 95814-5690
Office: (916) 654-5413
Email: ben.martin@dot.ca.gov
4. Except as herein specifically supplemented and amended, the West Porphyry Overhead Construction and
Maintenance Agreement, as amended by the Supplemental Agreement, remains in full force and affect.
Signature Pages to follow:
72
West Porphyry (Temescal) Overhead - Amendment to Supplemental Agreement, May 15, 2017
3
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by its duly
qualified and authorized officials as of the day and year first above written.
BNSF RAILWAY COMPANY
By:
Printed Name: Steve Anderson
Title: Vice President Engineering
RIVERSIDE COUNTY TRANSPORTATION COMMISSION signature page to follow.
73
West Porphyry (Temescal) Overhead - Amendment to Supplemental Agreement, May 15, 2017
4
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
By: _____________________________________________
Name and Title
REVIEWED AND RECOMMENDED FOR APPROVAL:
By:__________________________________________
Name and Title
REVIEWED FOR FISCAL IMPACT:
By: __________________________________________
Chief Financial Officer
APPROVED AS TO FORM:
By:__________________________________________
Best Best & Krieger LLP
Counsel to the Riverside County
Transportation Commission
STATE OF CALIFORNIA signature page to follow.
74
West Porphyry (Temescal) Overhead - Amendment to Supplemental Agreement, May 15, 2017
5
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By: __________________________________________
Name: Ben Martin
Title: Office Chief for Railroads and Utilities Relocation
Division of Right of Way & Land Surveys
APPROVED AS TO FORMS AND PROCEDURES:
By:__________________________________________
ROGER FORMANEK, Attorney
Department of Transportation
APPROVAL RECOMMENDED:
By:__________________________________________
Denny Fong, P.E.
Railroad Agreements Engineer
75
AGENDA ITEM 10
Agenda Item 10
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: September 25, 2017
TO: Western Riverside County Programs and Projects Committee
FROM: David Thomas, Toll Project Manager
THROUGH: Michael Blomquist, Toll Program Director
SUBJECT:
Amendment to Agreement with Inland Empire Resource Conservation District
for Compensatory Mitigation for the State Route 91 Corridor Improvement
Project
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Approve Agreement No. 16-31-023-01, Amendment No. 1 to Agreement
No. 16-31-023-00, with Inland Empire Resource Conservation District (IERCD) for
additional restoration and biological monitoring effort associated with compensatory
mitigation (Coastal Sage Scrub Restoration) for an additional amount of $114,660, and a
total amount not to exceed $1,356,119;
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:
In October 2015, the Commission approved Agreement No. 16-31-023-00 with the IERCD for
Coastal Sage Scrub Restoration in an amount not to exceed $1,241,459.
The Commission contracted with the IERCD for implementation of the compensatory mitigation
plan required by the State Route 91 Corridor Improvement Project (91 Project) shown in the
figure below.
76
Agenda Item 10
Figure 1: SR-91 Corridor Improvement Project Vicinity Map
IERCD is responsible to fulfill all requirements of the compensatory mitigation plan. This includes
site preparation, fencing, planting, irrigation, and five years of maintenance. IERCD assumes all
responsibility to implement, manage, monitor, and report mitigation progress to the Commission
and the agencies involved.
In November 2015, IERCD signed a contract with Habitat Restoration Services and started
mobilization activities. Below is a summary of the activities that were completed from November
2015 to September 2016:
• Right of entry issued May 2016 to IERCD by California Department of Parks and
Recreation;
• California gnatcatcher (CaGN) and nesting bird surveys;
• Insect monitoring;
• Placement of flagging for work areas;
• Weed abatement;
• Early clearing and grubbing for placement of water tank; and
• Design of temporary irrigation system.
Caltrans is the lead agency for coordination of the 91 Project’s Biological Opinion and Section 7
consultation with U.S. Fish and Wildlife Service (USFWS). In September 2016, Caltrans, through
discussions with USFWS, indicated that the restoration work may have an effect on the CaGN, a
federally endangered species, which is known to occur at the restoration site. As a result of this
potential effect to the CaGN, Caltrans requested a stop work of the restoration activities until
77
Agenda Item 10
Caltrans completes an amendment to the 91 Project Biological Opinion to cover the restoration
work (OR/WRIV-08B0733/11F0547 dated November 30, 2011). The Biological Opinion
amendment took eight months to coordinate and was received by the Commission on April 28.
This is considered reasonable for this unforeseen involvement of a federally endangered species.
As a result of the approximate 8-month delay and additional biological monitoring requirements,
IERCD indicated that additional funding in the amount of $114,660, would be required to
reinitiate the effort and complete the restoration work. The table below provides a summary of
the IERCD costs for additional funding required.
Additional Costs for IERCD Mitigation Work (due to Biological Opinion delay)
Additional Scope Performed by Additional Cost
Restore and Maintain Habitat Restoration Services $ 37,253
Plantings Mocking Bird Nursery 8,793
Biological Monitoring IERCD or Habitat Restoration Services 52,800
Implementation & Management IERCD 15,814
Additional funding required $ 114,660
Staff recommends approval of Agreement No. 16-31-023-01, Amendment No. 1 to Agreement
No. 16-31-023-00, with IERCD for additional restoration and biological monitoring effort
associated with Coastal Sage Scrub Restoration for an additional amount of $114,660, and a total
amount not to exceed $1,356,119. Staff also recommends authorization for the Chair or
Executive Director, pursuant to legal counsel review, to execute the amendment.
Financial Information
In Fiscal Year Budget: Yes Year: FY 2017/18 Amount: $114,660
Source of Funds:
Measure A Sales Tax Equity
Contributions, 2017 Sales Tax Bonds
Proceeds, Commercial Paper Proceeds
Budget Adjustment: No
GL/Project Accounting No.: 003028 81020 262 31 81020
Fiscal Procedures Approved: Date: 09/12/2017
Attachment: Draft Agreement No. 16-31-023-01
78
1
AMENDMENT TO THE AGREEMENT TO FACILITATE
COMPENSATORY MITIGATION EFFORTS
This Amendment to the Agreement to Facilitate Compensatory Mitigation Efforts
(“Amendment”) is entered into this ___ day of _____, 2017 (“Execution Date”) by and between
RIVERSIDE COUNTY TRANSPORTATION COMMISSION, a government transportation
agency (“RCTC”) and the INLAND EMPIRE RESOURCE CONSERVATION DISTRICT, a
governmental special district (“IERCD”). RCTC and IERCD are sometimes referred to
individually as “Party” and collectively as “Parties.”
RECITALS
A. Grantor and Grantee previously entered into an Agreement to Facilitate
Compensatory Mitigation Efforts on October 27, 2015 (“Agreement”).
B. Pursuant to Section 1.F of the Agreement, IERCD secured a right of entry permit
to access the Chino Hills State Park from the California State Department of Parks (the
“Department”) in February 2016.
C. As a part of the Services performed under the Agreement, IERCD conducted
baseline surveys, mapped native vegetation, delineated areas for restoration, obtained approval of
a fire plan, completed a CEQA process to satisfy Department requirements, and began site
preparation, including the installation of fencing and non-native species removal.
D. In September 2016, the United States Fish and Wildlife Service (“FWS”)
temporarily halted activities at the Site after learning that RCTC had not completed informal
consultation with FWS as outlined in the BO regarding potential impacts to the California
Gnatcatcher (“CAGN”) associated with the performance of the Services.
E. RCTC completed the informal consultation with FWS as detailed in a letter from
FWS addressed to Scott Quinnell dated April 28, 2017 attached as Exhibit A to this Amendment
and incorporated herein by this reference (“FWS Letter”) outlining additional biological
monitoring requirements and plans to avoid potential negative impacts on CAGN as IERCD
continues to perform the Services.
F. IERCD requires additional funding from RCTC to offset the additional costs that
will be incurred due to the delays described above and the additional requirements by the FWS
Letter (“Additional Services”).
H. RCTC agrees to pay for the Additional Services and IERCD agrees to restart the
Services, along with the Additional Services, upon receipt from RCTC of the Additional Fee, as
further defined herein.
79
2
TERMS
NOW, THEREFORE, in consideration of the foregoing Recitals, which Recitals are
incorporated herein by this reference, and for other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, and based on the mutual covenants contained
herein, the Parties do hereby modify the Agreement as follows:
1. Capitalized Terms. Capitalized terms used in this Amendment and not separately
defined shall have the meaning set forth in the Agreement.
2. Additional Fee. RCTC agrees to pay IERCD ONE HUNDRED FOURTEEN
THOUSAND SIX HUNDRED SIXTY AND NO/100’S DOLLARS ($114,660.00), reflecting
IERCD’s reasonable additional costs to perform the Additional Services, as described in the
Recitals above (“Additional Fee”). This amount is in addition to the Fee paid by RCTC to IERCD
under the Agreement.
3. When Payment Due. The Parties agree that the Additional Fee is due and payable
in full on the Execution Date of this Agreement. IERCD agrees to provide RCTC with a written
letter of receipt no later than 7 days after receipt of the Additional Fee.
4. Remainder Unchanged. Subject to the modifications described above, the
Agreement remains in effect and binding upon the Parties.
[Remainder of Page Intentionally Left Blank]
80
3
SIGNATURE PAGE TO THE AMENDMENT TO THE AGREEMENT TO
FACILITATE COMPENSATORY MITIGATION EFFORTS
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment on the date
as indicated beside each Party’s signature.
Dated: , 2017 GRANTOR:
RIVERSIDE COUNTY
TRANSPORTATION COMMISSION, a
government transportation agency
By:
Anne Mayer, Executive Director
Dated: , 2017 GRANTEE:
INLAND EMPIRE RESOURCE
CONSERVATION DISTRICT, a
governmental special district
By:
Paul Williams, President
81
4
Exhibit A
(April 28, 2017 Letter from FWS to Mr. Scott Quinnell)
82
5
83
6
84
AGENDA ITEM 11
Agenda Item 11
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: September 25, 2017
TO: Western Riverside County Programs and Projects Committee
FROM: Edda Rosso, Capital Projects Manager
THROUGH: Marlin Feenstra, Project Delivery Director
SUBJECT: Amendment to Agreement with Best, Best & Krieger LLP for Legal Services for
the Perris Valley Line Project
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Approve Agreement No. 12‐33‐115‐01, Amendment No. 1 to Agreement
No. 12‐33‐115‐00, with Best, Best & Krieger LLP (BB&K) to provide legal services for the
Perris Valley Line (PVL) project for an additional amount of $775,000, and a total amount
not to exceed $1.25 million;
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 12, 2012 meeting following a competitive procurement process, the
Commission awarded Agreement No. 12‐33‐115‐00 to BB&K to provide legal services for the PVL
project for the total amount not to exceed $475,000. At that time, it was anticipated the project
would be closed out in December 2015. Due to the extension of the environmental process as a
result of California Environmental Quality Act litigation, the extended construction period, and
the current negotiations with the construction contractor, the actual completion of construction
has not occurred.
General legal services for the Commission and its projects and programs have been provided by
BB&K primarily through the annual recurring contract process. These legal services have been
funded with local funds in the past. The Federal Transit Administration’s (FTA) Small Starts grant
program utilized to partially fund the PVL project required all contracts to be competitively
procured in accordance with federal requirements. In October 16, 2012, the Commission entered
into an agreement with BB&K; the new separate agreement contained the required federal
clauses.
85
Agenda Item 11
DISCUSSION:
At this time, additional funding is needed to continue the close out process of the project and to
defend claims submitted by the construction contractor. BB&K continues its legal services by
responding to requests for information and providing legal support to the Commission. BB&K
has hired a firm to assist on the technical matters of the claim and those additional expert costs
are included in this amendment. These additional services are required and were not envisioned;
however, they are consistent with the original scope. Accordingly, staff requests approval of the
amendment. The amendment is necessary since the duration of construction and project close
out will be longer than originally anticipated.
The cost for the proposed services is $775,000, and staff requests approval for these additional
services. Accordingly, the total authorized not to exceed amount for the agreement will be
$1.25 million. These additional costs are eligible for and will be funded with Congestion
Mitigation and Air Quality (CMAQ) and State Transportation Improvement Program (STIP) funds,
which are already programmed on this project.
Financial Information
In Fiscal Year Budget: No Year: FY 2017/18 Amount: $775,000
Source of Funds: CMAQ (federal), STIP (state) Budget Adjustment: Yes
GL/Project
Accounting Nos.:
003823 414 41403 221 33 41401 $686,100 (federal revenues)
003823 415 41502 221 33 41501 $88,900 (state revenues)
003823 65101 221 33 65101 $775,000 (expenditures)
Fiscal Procedures Approved: Date: 09/18/2017
Attachment: Draft BBK Agreement No. 12‐33‐115‐01
86
Agreement No. 12-33-115-01
AMENDMENT NO. 1 TO
AGREEMENT FOR LEGAL COUNSEL SERVICES FOR THE
PERRIS VALLEY LINE RAIL PROJECT
1. PARTIES AND DATE
This Amendment No. 1 to the Agreement for Legal Services for the Perris Valley
Line Project is made and entered into as of this ___ day of _______, 2017, by and
between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION (“Commission”)
and BEST, BEST & KRIEGER ("Consultant"), a Limited Liability Partnership.
2. RECITALS
2.1 The Commission and the Consultant have entered into an agreement dated
October 16, 2012 for the purpose of providing legal services for the Perris
Valley Line Rail Project (the "Master Agreement").
2.2 The parties now desire to amend the Master Agreement in order to extend
the term and to provide additional compensation for continued legal
services.
3. TERMS
3.1 The term of the Master Agreement, as set forth in Section 3.3 of the Master
Agreement, is hereby extended through December 31, 2018.
3.2 The maximum compensation for Services performed pursuant to this
Amendment shall be Seven Hundred Seventy Five Thousand Dollars
($775,000).
3.3 The total not-to-exceed amount of the Master Agreement, as amended by
this Amendment No. 1, shall be increased from Four Hundred Seventy-Five
Thousand Dollars ($475,000) to One Million Two Hundred and Fifty
Thousand Dollars ($1,250,000).
3.4 Except as amended by this Amendment No. 1, 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 Amendment.
87
IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the
date first herein above written.
RIVERSIDE COUNTY BEST, BEST & KRIEGER
TRANSPORTATION COMMISSION
___________________________
Signature
By: _____________________________ ___________________________
John F. Tavaglione, Chair Name
___________________________
Title
88
AGENDA ITEM 12
Agenda Item 12
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: September 25, 2017
TO: Western Riverside County Programs and Projects Committee
FROM: Gary Ratliff, Facilities Administrator
THROUGH: Marlin Feenstra, Project Delivery Director
SUBJECT: Agreement for On-Call Maintenance and Repair Services for the Commuter
Rail Stations
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Award Agreement No. 18-24-001-00 to Braughton Construction, Inc. to provide on-call
maintenance and repair services for the commuter rail stations for a three-year term, in
the amount of $2.6 million, plus a contingency amount of $120,000, for a total amount
not to exceed $2.72 million;
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, or designee, to execute task orders awarded to the
contractor under the terms of the agreement; and
4) Forward to the Commission for final action.
BACKGROUND INFORMATION:
The Commission owns and operates nine commuter rail stations (Riverside Downtown, La
Sierra, North Main Corona, Jurupa Valley/Pedley, West Corona, Riverside-Hunter Park, Moreno
Valley/March Field, Perris Downtown, and Perris South). Station maintenance and repair
services are essential to preserve and maintain the Commission’s property investments. On-call
station maintenance and repair services efficiently and effectively respond to hazards and
provide safety measures generally related to minor construction repairs for pavement, gates
and fencing, signs, safety rails, pathways, shelters, and plumbing.
In September 2012, the Commission awarded an agreement to provide on-call station repair
and maintenance services for a three-year term, and two one-year options, for a total amount
of $1.25 million. At that time the Commission owned and operated five stations. With the
inauguration of the Perris Valley Line on June 6, 2016, four new commuter rail stations were
added for a total of nine stations. In June 2016 the Commission approved an additional amount
of $850,000 to the existing agreement for an aggregate contract value of $2.1 million.
89
Agenda Item 12
The station repair and maintenance services are necessary to support the needs of the
Commission’s nine commuter rail stations. Accordingly, staff initiated a procurement for these
services.
Procurement Process
Staff determined the weighted factor method of source selection to be the most appropriate
for this procurement, as it allows the Commission to identify the most advantageous proposal
with price and other factors considered. Non-price factors include elements such as
qualifications of firm, personnel, and the ability to respond to the Commission’s needs for
on-call maintenance and repair services for the commuter rail stations as set forth under the
terms of the Request For Proposals (RFP) No. 18-24-001-00.
RFP No. 18-24-001-00 for on-call maintenance and repair services for the commuter rail
stations was released by staff on July 13. A public notice was advertised in the Press Enterprise,
and the RFP was posted on the Commission’s PlanetBids website, which is accessible through
the Commission’s website. Utilizing PlanetBids, emails were sent to 271 firms, 66 of which are
located in Riverside County. Through the PlanetBids site, 17 firms downloaded the RFP; 5 of
these firms are located in Riverside County. One firm – Braughton Construction, Inc. (Rancho
Cucamonga) – submitted a proposal. Utilizing the evaluation criteria set forth in the RFP, the
proposal was evaluated and scored by an evaluation committee comprised of Commission and
Bechtel staff.
Since staff received one proposal, it reviewed the solicitation specifications for undue
restrictiveness and surveyed potential sources that chose not to submit a proposal. Reasons for
not submitting a proposal included other contractors having limited staff and enough projects
on-hand. Staff concluded the requirements listed in the scope of work and other terms and
conditions were not unnecessarily or excessively restrictive, an adequate opportunity to
compete was provided, and factors other than the solicitation were responsible for the receipt
of one proposal for this RFP.
Accordingly, the evaluation committee provided final scoring based on a comprehensive
evaluation of the written proposal. Based on the evaluation committee’s assessment, the
evaluation committee determined Braughton Construction, Inc. to be qualified to perform the
work outlined in the scope of services.
As a result of the evaluation committee’s assessment of the written proposal, the evaluation
committee recommends Braughton Construction, Inc. for award of on-call maintenance and
repair services for the commuter rail stations for a three-year term in the aggregate amount of
$2.72 million, including a $120,000 contingency amount. Initially, this RFP contemplated an
award for an additional two, two-year options; however, since only one qualified proposal was
submitted, staff determined that the agreement term should be for a shorter period in order to
conduct a new procurement that may yield additional proposals.
90
Agenda Item 12
The Commission’s model on-call maintenance and repair services agreement will be entered
into with Braughton Construction, Inc., subject to any changes approved by the Executive
Director, and pursuant to legal counsel review. The work is to be issued on an as-needed task
order basis. Staff oversight of the contract will work to maximize the effectiveness of the
consultants and minimize costs to the Commission.
Staff projections for the maintenance and repair services and related funding under the new
agreement are based on the following assumptions:
• $400,000 in annual maintenance and repair expenditures for all nine commuter rail
stations to be funded primarily using 2009 Measure A Western County rail funds;
• $1.4 million for rehabilitation and efficiency projects (pavement rehabilitation and seals,
concrete, fence, gates, Americans with Disabilities Act improvements, pedestrian
pathways and shelters) for which grant funds are available or are expected in the future;
and
• $120,000 in contingency.
Financial Information
In Fiscal Year Budget: Yes
N/A Year: FY 2017/18
FY 2018/19+ Amount: $1,400,000
$1,320,000
Source of Funds:
Measure A, Local Transportation Funds,
Proposition 1B, Low Carbon Transit Operations
Program, Mobile Source Air Pollution Reduction
Review Committee, Federal Transit
Administration
Budget Adjustment: No
N/A
GL/Project Accounting No.:
244001 73304 00000 0000 103 24 73301
244002 73304 00000 0000 103 24 73301
244003 73304 00000 0000 103 24 73301
244004 73304 00000 0000 103 24 73301
244006 73304 00000 0000 103 24 73301
244010 73304 00000 0000 103 24 73301
244020 73304 00000 0000 103 24 73301
244021 73304 00000 0000 103 24 73301
244022 73304 00000 0000 103 24 73301
004011 90701 00000 0000 265 33 90501
004011 90601 00000 0000 265 33 90101
Fiscal Procedures Approved: Date: 09/12/2017
Attachment: Draft On-Call Maintenance and Repair Services Agreement No. 18-24-001-00
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APPENDIX B - 1
17336.00600\29957195.1
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
ON-CALL
MAINTENANCE AND REPAIR SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this [***INSERT DAY***] day of
[***INSERT MONTH***], [***INSERT YEAR***] by and between the Riverside County
Transportation Commission (“Commission”) and [***INSERT NAME***], a [***[INSERT
TYPE OF ENTITY - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR
OTHER LEGAL ENTITY]***] with its principal place of business at [***INSERT
ADDRESS***] (“Contractor”). Commission and Contractor are sometimes individually referred
to as “Party” and collectively as “Parties” in this Agreement.
2. RECITALS.
2.1 Commission is the Transportation Commission for the County of
Riverside and organized under the laws of the State of California with the power to contract for
services necessary to achieve its purpose.
2.2 Commission owns and operates nine (9) commuter rail stations and one
transit center serving Riverside County, the addresses and descriptions of which are set forth in
Exhibit “A”, attached hereto and incorporated herein by reference (“Commuter Rail Stations”).
2.3 On or about July 13, 2017, Commission issued a Request for Proposals
No. 18-24-001-00 (“RFP”), pursuant to which Commission sought proposals from contractors to
provide on-call maintenance and repair services for the Commuter Rail Stations.
2.4 Contractor desires to perform and assume responsibility for the provision
of on-call maintenance and repair services required by Commission on the terms and conditions
set forth in this Agreement and in the task order(s) to be issued pursuant to this Agreement and
executed by the Commission and Contractor ("Task Order").
2.5 The work generally includes the maintenance and repair of the Commuter
Rail Stations. Contractor represents that it is a professional Contractor, experienced in providing
on-call maintenance and repair services to public clients, and is familiar with the plans of
Commission.
2.6 Commission desires to engage Contractor to render on-call maintenance
and repair services for the Commuter Rail Stations. On-call maintenance and repair services
shall be generally as set forth in Exhibit “A”, attached hereto and incorporated herein by
reference. On-call maintenance and repair services shall be ordered by Task Order(s) to be
issued pursuant to this Agreement for future projects as set forth herein. The services set forth in
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APPENDIX B - 2
17336.00600\29957195.1
Exhibit “A” and each individual project ordered under a Task Order shall be referred to, herein,
collectively, as the “Project”.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to
Commission all labor materials, tools, equipment, services, and incidental and customary work,
as necessary, to fully and adequately provide the any on-call maintenance and repair services for
the Commuter Rail Stations required by Commission, as shall be generally described in Exhibit
“A” and as more specifically described in each Task Order, collectively referred to herein as the
"Services". On-call Services shall be more particularly described in the individual Task Orders
issued by the Commission’s Executive Director or designee. No on-call Services shall be
performed unless authorized by a fully executed Task Order in the form attached hereto as
Exhibit "C". All Services shall be subject to, and performed in accordance with this Agreement,
the relevant Task Order, the exhibits attached hereto and incorporated herein by reference, and
all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from [***INSERT START
DATE***] to [***INSERT ENDING DATE***], unless earlier terminated as provided herein.
Contractor shall complete the Services within the term of this Agreement, and shall meet any
other established schedules and deadlines. The Parties may, by mutual, written consent, extend
the term of this Agreement if necessary to complete the Services.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Contractor or under its supervision. Contractor will determine
the means, methods and details of performing the Services subject to the requirements of this
Agreement. Commission retains Contractor on an independent contractor basis and not as an
employee. Contractor retains the right to perform similar or different services for others during
the term of this Agreement. Any additional personnel performing the Services under this
Agreement on behalf of Contractor shall also not be employees of Commission and shall at all
times be under Contractor’s exclusive direction and control. Contractor shall pay all wages,
salaries, and other amounts due such personnel in connection with their performance of Services
under this Agreement and as required by law. Contractor shall be responsible for all reports and
obligations respecting such additional personnel, including, but not limited to: social security
taxes, income tax withholding, unemployment insurance, disability insurance, and workers’
compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the maintenance and
repair Services expeditiously, within the term of this Agreement, and in accordance with any
schedule set forth in each Task Order (collectively, "Schedule of Services"). Contractor shall
be required to commence work on a Task Order within five (5) days of receiving a fully
executed Task Order. Contractor represents that it has the professional and technical personnel
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APPENDIX B - 3
17336.00600\29957195.1
required to perform the Services in conformance with such conditions. In order to facilitate
Contractor’s conformance with each Schedule, the Commission shall respond to Contractor’s
submittals in a timely manner. Upon the Commission’s request, Contractor shall provide a more
detailed schedule of anticipated performance to meet the relevant Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Contractor shall be subject to the approval of Commission.
3.2.4 Commission’s Representative. The Commission hereby designates
[***INSERT NAME OR TITLE***], or his or her designee, to act as its representative for the
performance of this Agreement (“Commission’s Representative”). Commission’s
Representative shall have the power to act on behalf of the Commission for all purposes under
this Agreement. Contractor shall not accept direction or orders from any person other than the
Commission’s Representative or his or her designee.
3.2.5 Contractor’s Representative. Contractor hereby designates [***INSERT
NAME OR TITLE***], or his or her designee, to act as its representative for the performance of
this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full
authority to represent and act on behalf of the Contractor for all purposes under this Agreement.
The Contractor’s Representative shall supervise and direct the Services, using his best skill and
attention, and shall be responsible for all means, methods, techniques, sequences and procedures
and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.6 Coordination of Services. Contractor agrees to work closely with
Commission staff in the performance of Services and shall be available to Commission’s staff,
consultants and other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in the
State of California. Contractor represents and maintains that it is skilled in the professional
calling necessary to perform the Services. Contractor warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to
them. Finally, Contractor represents that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to perform the
Services, and that such licenses and approvals shall be maintained throughout the term of this
Agreement. As provided for in the indemnification provisions of this Agreement, Contractor
shall perform, at its own cost and expense and without reimbursement from the Commission, any
services necessary to correct errors or omissions which are caused by the Contractor’s failure to
comply with the standard of care provided for herein. Any employee of the Contractor or its
sub-contractors who is determined by the Commission to be uncooperative, incompetent, a threat
to the adequate or timely completion of the Project, a threat to the safety of persons or property,
or any employee who fails or refuses to perform the Services in a manner acceptable to the
Commission, shall be promptly removed from the Project by the Contractor and shall not be
re-employed to perform any of the Services or to work on the Project.
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APPENDIX B - 4
17336.00600\29957195.1
3.2.8 Period of Performance. Contractor shall perform the Services in strict
accordance with any completion schedule or Project milestones described in each Task Order.
Contractor agrees that if the Services are not completed within the aforementioned performance
time and/or pursuant to any such completion schedule or Project milestones developed pursuant
to provisions of this Agreement and included in any Task Order, it is understood, acknowledged
and agreed that the Commission will suffer damage.
3.2.9 Disputes. Should any dispute arise respecting the true value of any work
done, of any work omitted, or of any extra work which Contractor may be required to do, or
respecting the size of any payment to Contractor during the performance of this Contract,
Contractor shall continue to perform the Work while said dispute is decided by the Commission.
If Contractor disputes the Commission’s decision, Contractor shall have such remedies as may
be provided by law.
3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall
keep itself fully informed of and in compliance with all local, state and federal laws, rules and
regulations in any manner affecting the performance of the Project or the Services, including all
Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable
for all violations of such laws and regulations in connection with Services. If the Contractor
performs any work knowing it to be contrary to such laws, rules and regulations and without
giving written notice to the Commission, Contractor shall be solely responsible for all costs
arising therefrom. Commission is a public entity of the State of California subject to, among
other rules and regulations, the Public Utilities Code, Public Contract Code, and Labor Code of
the State. It is stipulated and agreed that all provisions of the law applicable to the public
contracts of a county transportation commissions are a part of this Agreement to the same extent
as though set forth herein and will be complied with. These include but are not limited to the
payment of prevailing wages, the stipulation that eight (8) hours' labor shall constitute a legal
day's work and that no worker shall be permitted to work in excess of eight (8) hours during any
one calendar day except as permitted by law. Contractor shall defend, indemnify and hold
Commission, its officials, officers, employees and agents free and harmless, pursuant to the
indemnification provisions of this Agreement, from any claim or liability arising out of any
failure or alleged failure to comply with such laws, rules or regulations.
3.2.10.1 Employment Eligibility; Contractor. By executing this
Agreement, Contractor verifies that it fully complies with all requirements and restrictions of
state and federal law respecting the employment of undocumented aliens, including, but not
limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to
time. Such requirements and restrictions include, but are not limited to, examination and
retention of documentation confirming the identity and immigration status of each employee of
the Contractor. Contractor also verifies that it has not committed a violation of any such law
within the five (5) years immediately preceding the date of execution of this Agreement, and
shall not violate any such law at any time during the term of the Agreement. Contractor shall
avoid any violation of any such law during the term of this Agreement by participating in an
electronic verification of work authorization program operated by the United States Department
of Homeland Security, by participating in an equivalent federal work authorization program
operated by the United States Department of Homeland Security to verify information of newly
hired employees, or by some other legally acceptable method. Contractor shall maintain records
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APPENDIX B - 5
17336.00600\29957195.1
of each such verification, and shall make them available to the Commission or its representatives
for inspection and copy at any time during normal business hours. The Commission shall not be
responsible for any costs or expenses related to Contractor’s compliance with the requirements
provided for in Section 3.2.10 or any of its sub-sections.
3.2.10.2 Employment Eligibility; Subcontractors, Sub-
subcontractors and consultants. To the same extent and under the same conditions as Contractor,
Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing
any work relating to the Project or this Agreement to make the same verifications and comply
with all requirements and restrictions provided for in Section 3.2.10.1.
3.2.10.3 Employment Eligibility; Failure to Comply. Each person
executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer
of Contractor, and understands that any of the following shall be grounds for the Commission to
terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub-
subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1
or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such
requirements (including in those verifications provided to the Contractor under Section 3.2.10.2);
or (3) failure to immediately remove from the Project any person found not to be in compliance
with such requirements.
3.2.10.4 Labor Certification. By its signature hereunder, Contractor
certifies that it is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Workers’ Compensation or to undertake
self-insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.2.10.5 Equal Opportunity Employment. Contractor represents that
it is an equal opportunity employer and it shall not discriminate against any subcontractor,
employee or applicant for employment because of race, religion, color, national origin, handicap,
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. Contractor shall also comply with all relevant provisions of
Commission’s Disadvantaged Business Enterprise program, Affirmative Action Plan or other
related programs or guidelines currently in effect or hereinafter enacted.
3.2.10.6 Air Quality. Contractor must fully comply with
all applicable laws, rules and regulations in furnishing or using equipment and/or providing
services, including, but not limited to, emissions limits and permitting requirements imposed by
the California Air Resources Board (CARB). Contractor shall specifically be aware of the
CARB limits and requirements’ application to "portable equipment", which definition is
considered by CARB to include any item of equipment with a fuel-powered engine. Contractor
shall indemnify Commission against any fines or penalties imposed by CARB or any other
governmental or regulatory agency for violations of applicable laws, rules and/or regulations by
Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity
obligations provided for in this Agreement.
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3.2.10.7 Water Quality.
(A) Management and Compliance. To the extent applicable,
Contractor’s Services must account for, and fully comply with, all local, state and federal laws,
rules and regulations that may impact water quality compliance, including, without limitation, all
applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the
California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws,
rules and regulations of the Environmental Protection Agency and the State Water Resources
Control Board; the Commission’s rules regarding discharges of storm water; and any and all
regulations, policies, or permits issued pursuant to any such authority regulating the discharge of
pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground
or surface water in the State.
(B) Liability for Non-Compliance. Failure to comply with the
laws, regulations and policies described in this Section is a violation of law that may subject
Contractor or Commission to penalties, fines, or additional regulatory requirements. Contractor
shall defend, indemnify and hold the Commission, its officials, officers, employees, volunteers
and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from
and against any and all fines, penalties, claims or other regulatory requirements imposed as a
result of Contractor’s non-compliance with the laws, regulations and policies described in this
Section, unless such non-compliance is the result of the sole established negligence, willful
misconduct or active negligence of the Commission, its officials, officers, agents, employees or
authorized volunteers.
(C) Training. In addition to any other standard of care
requirements set forth in this Agreement, Contractor warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to them
without impacting water quality in violation of the laws, regulations and policies described in
this Section. Contractor further warrants that it, its employees and subcontractors will receive
adequate training, as determined by Commission, regarding the requirements of the laws,
regulations and policies described in this Section as they may relate to the Services provided
under this Agreement. Upon request, Commission will provide Contractor with a list of training
programs that meet the requirements of this paragraph.
3.2.11 Insurance.
3.2.11.1 Time for Compliance. Contractor shall not commence
work under this Agreement until it has provided evidence satisfactory to the Commission that it
has secured all insurance required under this section, in a form and with insurance companies
acceptable to the Commission. In addition, Contractor shall not allow any subcontractor to
commence work on any subcontract until it has secured all insurance required under this section.
3.2.11.2 Minimum Requirements. Contractor shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of
the Agreement by the Contractor, its agents, representatives, employees or subcontractors.
Contractor shall also require all of its subcontractors to procure and maintain the same insurance
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for the duration of the Agreement. Such insurance shall meet at least the following minimum
levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as
broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001 or exact equivalent); (2)
Automobile Liability: Insurance Services Office Business Auto Coverage (form CA 0001, code 1
(any auto) or exact equivalent); and (3) Workers’ Compensation and Employer’s Liability:
Workers’ Compensation insurance as required by the State of California and Employer’s
Liability Insurance.
(B) Minimum Limits of Insurance. Contractor shall maintain
limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance or other form with
general aggregate limit is used, either the general aggregate limit shall apply separately to this
Agreement/location or the general aggregate limit shall be twice the required occurrence limit;
(2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3)
if Contractor has an employees, Workers’ Compensation and Employer’s Liability: Workers’
Compensation limits as required by the Labor Code of the State of California. Employer’s
Practices Liability limits of $1,000,000 per accident.
3.2.11.3 Insurance Endorsements. The insurance policies shall
contain the following provisions, or Contractor shall provide endorsements on forms approved
by the Commission to add the following provisions to the insurance policies:
(A) General Liability.
(i) Commercial General Liability Insurance must
include coverage for (1) bodily Injury and property damage; (2) personal Injury/advertising
Injury; (3) premises/operations liability; (4) products/completed operations liability; (5)
aggregate limits that apply per Project; (6) explosion, collapse and underground (UCX)
exclusion deleted; (7) contractual liability with respect to this Agreement; (8) broad form
property damage; and (9) independent contractors coverage.
(ii) The policy shall contain no endorsements or
provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims
or suits by one insured against another; or (3) contain any other exclusion contrary to this
Agreement.
(iii) The policy shall give the Commission, its directors,
officials, officers, employees, and agents insured status using ISO endorsement forms 20 10 10
01 and 20 37 10 01, or endorsements providing the exact same coverage.
(iv) The additional insured coverage under the policy
shall be “primary and non-contributory” and will not seek contribution from the Commission’s
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insurance or self-insurance and shall be at least as broad as CG 20 01 04 13, or endorsements
providing the exact same coverage.
(B) Automobile Liability. The automobile liability policy shall
be endorsed to state that: (1) the Commission, its directors, officials, officers, employees and
agents shall be covered as additional insureds with respect to the ownership, operation,
maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the
Contractor or for which the Contractor 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 Contractor’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 Contractor’s
insurance and shall not be called upon to contribute with it in any way.
(C) Workers’ Compensation and Employers Liability
Coverage.
(i) Contractor certifies that he/she is aware of the
provisions of Section 3700 of the California Labor Code which requires every employer to be
insured against liability for workers’ compensation or to undertake self-insurance in accordance
with the provisions of that code, and he/she will comply with such provisions before
commencing work under this Agreement.
(ii) 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
Contractor.
(D) All Coverages.
(i) Defense costs shall be payable in addition to the
limits set forth hereunder.
(ii) Requirements of specific coverage or limits
contained in this section are not intended as a limitation on coverage, limits, or other
requirement, or a waiver of any coverage normally provided by any insurance. It shall be a
requirement under this Agreement that any available insurance proceeds broader than or in
excess of the specified minimum insurance coverage requirements and/or limits set forth herein
shall be available to the Commission, its directors, officials, officers, employees and agents as
additional insureds under said policies. Furthermore, the requirements for coverage and limits
shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader
coverage and maximum limits of coverage of any insurance policy or proceeds available to the
named insured; whichever is greater.
(iii) The limits of insurance required in this Agreement
may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or
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excess insurance shall contain or be endorsed to contain a provision that such coverage shall also
apply on a primary and non-contributory basis for the benefit of the Commission (if agreed to in
a written contract or agreement) before the Commission’s own insurance or self-insurance shall
be called upon to protect it as a named insured. The umbrella/excess policy shall be provided on
a “following form” basis with coverage at least as broad as provided on the underlying
policy(ies).
(iv) Contractor shall provide the Commission at least
thirty (30) days prior written notice of cancellation of any policy required by this Agreement,
except that the Contractor shall provide at least ten (10) days prior written notice of cancellation
of any such policy due to non-payment of premium. If any of the required coverage is cancelled
or expires during the term of this Agreement, the Contractor shall deliver renewal certificate(s)
including the General Liability Additional Insured Endorsement to the Commission at least ten
(10) days prior to the effective date of cancellation or expiration.
(v) The retroactive date (if any) of each policy is to be
no later than the effective date of this Agreement. Contractor shall maintain such coverage
continuously for a period of at least three years after the completion of the work under this
Agreement. Contractor shall purchase a one (1) year extended reporting period A) if the
retroactive date is advanced past the effective date of this Agreement; B) if the policy is
cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a
retroactive date subsequent to the effective date of this Agreement.
(vi) The foregoing requirements as to the types and
limits of insurance coverage to be maintained by Contractor, and any approval of said insurance
by the Commission, is not intended to and shall not in any manner limit or qualify the liabilities
and obligations otherwise assumed by the Contractor pursuant to this Agreement, including but
not limited to, the provisions concerning indemnification.
(vii) If at any time during the life of the Agreement, any
policy of insurance required under this Agreement does not comply with these specifications or
is canceled and not replaced, Commission has the right but not the duty to obtain the insurance it
deems necessary and any premium paid by Commission will be promptly reimbursed by
Contractor or Commission will withhold amounts sufficient to pay premium from Contractor
payments. In the alternative, Commission may cancel this Agreement. The Commission may
require the Contractor to provide complete copies of all insurance policies in effect for the
duration of the Project.
(viii) Neither the Commission nor any of its directors,
officials, officers, employees or agents shall be personally responsible for any liability arising
under or by virtue of this Agreement.
Each insurance policy required by this Agreement shall be
endorsed to state that:
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3.2.11.4 Deductibles and Self-Insurance Retentions. Any
deductibles or self-insured retentions must be declared to and approved by the Commission. If
the Commission does not approve the deductibles or self-insured retentions as presented,
Contractor shall guarantee that, at the option of the Commission, either: (1) the insurer shall
reduce or eliminate such deductibles or self-insured retentions as respects the Commission, its
directors, officials, officers, employees and agents; or, (2) the Contractor shall procure a bond
guaranteeing payment of losses and related investigation costs, claims and administrative and
defense expenses.
3.2.11.5 Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in
California, and satisfactory to the Commission.
3.2.11.6 Verification of Coverage. Contractor shall furnish
Commission with original certificates of insurance and endorsements effecting coverage required
by this Agreement on forms satisfactory to the Commission. The certificates and endorsements
for each insurance policy shall be signed by a person authorized by that insurer to bind coverage
on its behalf. All certificates and endorsements must be received and approved by the
Commission before work commences. The Commission reserves the right to require complete,
certified copies of all required insurance policies, at any time.
3.2.11.7 Subcontractor Insurance Requirements. Contractor shall not
allow any subcontractors or subcontractors to commence work on any subcontract until they
have provided evidence satisfactory to the Commission that they have secured all insurance
required under this section. Policies of commercial general liability insurance provided by such
subcontractors or subcontractors shall be endorsed to name the Commission as an additional
insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage.
If requested by Contractor, the Commission may approve different scopes or minimum limits of
insurance for particular subcontractors or subcontractors.
3.2.12 Safety. Contractor shall execute and maintain its work so as to
avoid injury or damage to any person or property. In carrying out its Services, the Contractor
shall at all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees appropriate
to the nature of the work and the conditions under which the work is to be performed. Safety
precautions as applicable shall include, but shall not be limited to: (A) adequate life protection
and life saving equipment and procedures; (B) instructions in accident prevention for all
employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges,
gang planks, confined space procedures, trenching and shoring, equipment and other safety
devices, equipment and wearing apparel as are necessary or lawfully required to prevent
accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all
safety measures.
3.2.13 Accounting Records. Contractor shall maintain complete and accurate
records with respect to all costs and expenses incurred under this Agreement. All such records
shall be clearly identifiable. Contractor shall allow a representative of Commission during
normal business hours to examine, audit, and make transcripts or copies of such records and any
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other documents created pursuant to this Agreement. Contractor shall allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period of three
(3) years from the date of final payment under this Agreement.
3.3 Fees and Payments; Labor Code Requirements; Bonds
3.3.1 Compensation. Contractor shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth
in Exhibit "B" attached hereto and incorporated herein by reference. The total compensation per
Task Order shall be set forth in the relevant Task Order, and shall not exceed said amount
without the written approval of the Commissioner’s Executive Director. Extra Work may be
authorized, as described below, and if authorized, will be compensated at the rates and manner
set forth in this Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to Commission a
monthly itemized statement which indicates work completed and hours of Services rendered by
Contractor. The statement shall describe the amount of Services and supplies provided since the
initial commencement date, or since the start of the subsequent billing periods, as appropriate,
through the date of the statement. Commission shall, within 45 days of receiving such
statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any
expenses unless authorized in writing by Commission.
3.3.4 Extra Work. At any time during the term of this Agreement, Commission
may request that Contractor perform Extra Work. As used herein, “Extra Work” means any
work which is determined by Commission to be necessary for the proper completion of the
Project, but which the parties did not reasonably anticipate would be necessary at the execution
of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without
written authorization from Commission’s Representative.
3.3.5 Prevailing Wages. Contractor is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of
prevailing wage rates and the performance of other requirements on “public works” and
“maintenance” projects. Since the Services are being performed as part of an applicable “public
works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total
compensation is $15,000 or more, Contractor agrees to fully comply with such Prevailing Wage
Laws. Commission shall provide Contractor with a copy of the prevailing rates of per diem
wages in effect at the commencement of this Agreement. Contractor 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
Contractor’s principal place of business and at the project site. Contractor shall defend,
indemnify and hold the Commission, its officials, officers, employees and agents free and
harmless from any claim or liability arising out of any failure or alleged failure to comply with
the Prevailing Wage Laws.
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3.3.6 Payroll Records. In accordance with the requirements of California Labor
Code Section 1776, Contractor shall keep accurate payroll records which are either on forms
provided by the Division of Labor Standards Enforcement or which contain the same
information required by such forms. Responsibility for compliance with California Labor Code
Section 1776 shall rest solely with Contractor, and Contractor shall make all such records
available for inspection at all reasonable hours.
3.3.7 Registration. Since the Services are being performed as part of an
applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections
1725.5 and 1771.1, the Contractor and all subcontractors must be registered with the Department
of Industrial Relations. Contractor shall maintain registration for the duration of the Project and
require the same of any subcontractor. This Project may also be subject to compliance
monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s
sole responsibility to comply with all applicable registration and labor compliance requirements.
3.3.8 Employment of Apprentices. This Agreement shall not prevent the
employment of properly indentured apprentices in accordance with the California Labor Code,
and no employer or labor union shall refuse to accept otherwise qualified employees as
indentured apprentices on the work performed hereunder solely on the ground of race, creed,
national origin, ancestry, color or sex. Every qualified apprentice shall be paid the standard
wage paid to apprentices under the regulations of the craft or trade in which he or she is
employed and shall be employed only in the craft or trade to which he or she is registered.
If California Labor Code Section 1777.5 applies to the Services, Contractor and
any subcontractor hereunder who employs workers in any apprenticeable craft or trade shall
apply to the joint apprenticeship council administering applicable standards for a certificate
approving Contractor or any sub-contractor for the employment and training of apprentices.
Upon issuance of this certificate, Contractor and any sub-contractor shall employ the number of
apprentices provided for therein, as well as contribute to the fund to administer the
apprenticeship program in each craft or trade in the area of the work hereunder.
The parties expressly understand that the responsibility for compliance with
provisions of this Section and with Sections 1777.5, 1777.6 and 1777.7 of the California Labor
Code in regard to all apprenticeable occupations lies with Contractor.
3.3.9 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 Contractor or the Services are not subject to the Eight-Hour Law.
Contractor 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-contractor under him, for each calendar day
during which such workman is required or permitted to work more than eight hours in any
calendar day and forty hours in any one calendar week without such compensation for overtime
violation of the provisions of the California Labor Code, unless Contractor or the Services are
not subject to the Eight-Hour Law.
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3.3.10 Bonds.
3.3.10.1 Payment Bond. [**NOTE: Payment Bond may be
required for some task orders of $25,000 or more**]If requested by the Commission as part
of a Task Order proposal request, Contractor shall execute and provide to the Commission
concurrently with the executed Task Order a payment bond in an amount required by the
Commission and in a form provided or approved by the Commission. If such bond is required,
no payment will be made to Contractor until the bond has been received and approved by the
Commission.
3.3.10.2 Bond Provisions. Should, in the Commission’s sole
opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor
shall renew or replace the affected bond within (ten) 10 days of receiving notice from
Commission. In the event the surety or Contractor intends to reduce or cancel any required
bond, at least thirty (30) days prior written notice shall be given to the Commission, and
Contractor shall post an acceptable replacement bond at least ten (10) days prior to expiration of
the original bond. No further payments shall be deemed due or will be made under the relevant
Task Order until any replacement bond required by this section are accepted by the Commission.
To the extent, if any, that the total price under a Task Order requiring a bond is increased in
accordance with this Agreement, the Contractor shall, upon request of the Commission, cause the
amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence
of such increase to the Commission.
3.3.10.3 Surety Qualifications. Only bonds executed by an admitted
surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be
accepted. The surety must be a California-admitted surety and satisfactory to the Commission.
If a California-admitted surety insurer issuing bonds does not meet these requirements, the
insurer will be considered qualified if it is in conformance with Section 995.660 of the California
Code of Civil Procedure, and proof of such is provided to the Commission.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. Commission may, by written notice to
Contractor, terminate the whole or any part of this Agreement at any time and without cause by
giving written notice to Contractor of such termination, and specifying the effective date thereof,
at least seven (7) days before the effective date of such termination. Upon termination,
Contractor shall be compensated only for those services which have been adequately rendered to
Commission, and Contractor shall be entitled to no further compensation. Contractor may not
terminate this Agreement except for cause.
3.4.2 Effect of Termination. If this Agreement is terminated as provided herein,
Commission may require Contractor to provide all finished or unfinished Documents and Data
and other information of any kind prepared by Contractor in connection with the performance of
Services under this Agreement. Contractor shall be required to provide such document and other
information within fifteen (15) days of the request.
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3.4.3 Additional Services. In the event this Agreement is terminated in whole
or in part as provided herein, Commission may procure, upon such terms and in such manner as
it may determine appropriate, services similar to those terminated.
3.5 General Provisions.
3.5.1 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
CONSULTANT: COMMISSION:
______________________ Riverside County
______________________ Transportation Commission
______________________ 4080 Lemon Street, 3rd Floor
_____________________ Riverside, CA 92501
Attn: ________________ Attn: Executive Director
Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to
the party at its applicable address. Actual notice shall be deemed adequate notice on the date
actual notice occurred, regardless of the method of service.
3.5.2 Indemnification.
3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold the Commission, its officials, officers, employees,
volunteers and agents free and harmless from any and all claims, demands, causes of action,
costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or
persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any
alleged acts, errors or omissions of Contractor, its officials, officers, employees, subcontractors,
contractors or agents in connection with the performance of the Services, the Project, this
Agreement or any Task Order, including without limitation the payment of all consequential
damages, expert witness fees and attorneys’ fees and other related costs and expenses. The only
limitations on this provision shall be those imposed by Civil Code Section 2782.
3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with
Counsel of Commission's choosing and at Contractor’s own cost, expense and risk, any and all
claims, suits, actions or other proceedings of every kind covered by Section 3.5.2.1 that may be
brought or instituted against Commission or its officials, officers, employees, volunteers and
agents. Contractor shall pay and satisfy any judgment, award or decree that may be rendered
against Commission or its officials, officers, employees, volunteers and agents as part of any
such claim, suit, action or other proceeding. Contractor shall also reimburse Commission for the
cost of any settlement paid by Commission or its officials, officers, employees, agents or
volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall
include payment for Commission’s attorneys’ fees and costs, including expert witness fees.
Contractor shall reimburse Commission and its officials, officers, employees, agents, and/or
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volunteers, for any and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify
shall survive expiration or termination of this Agreement, and shall not be restricted to insurance
proceeds, if any, received by the Commission, its officials officers, employees, agents, or
volunteers.
3.5.3 Governing Law; Government Code Claim Compliance. This Agreement
shall be governed by the laws of the State of California. Venue shall be in Riverside County. In
addition to any and all contract requirements pertaining to notices of and requests for
compensation or payment for extra work, disputed work, claims and/or changed conditions,
Contractor must comply with the claim procedures set forth in Government Code sections 900 et
seq. prior to filing any lawsuit against the Commission. Such Government Code claims and any
subsequent lawsuit based upon the Government Code claims shall be limited to those matters
that remain unresolved after all procedures pertaining to extra work, disputed work, claims,
and/or changed conditions have been followed by Contractor. If no such Government Code
claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as
specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against
the Commission.
3.5.4 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.5.5 Commission’s Right to Employ Other Contractors. Commission reserves
right to employ other contractors in connection with this Project.
3.5.6 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.7 Assignment or Transfer. Contractor 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. Subcontracts, if any, shall contain a provision
making them subject to all provisions stipulated in this Agreement.
3.5.8 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any
term referencing time, days or period for performance shall be deemed calendar days and not
work days. All references to Contractor include all personnel, employees, agents, and
subcontractors of Contractor, except as otherwise specified in this Agreement. All references to
Commission include its officials, officers, employees, agents, and volunteers except as otherwise
specified in this Agreement. The captions of the various articles and paragraphs are for
convenience and ease of reference only, and do not define, limit, augment, or describe the scope,
content or intent of this Agreement.
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3.5.9 Amendment; Modification. No supplement, modification or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel or otherwise.
3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for
in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed
by the Parties.
3.5.12 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.
3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. Contractor further
agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic
Interest with the Commission’s Filing Officer as required under state law in the performance of
the Services. For breach or violation of this warranty, Commission shall have the right to rescind
this Agreement without liability. For the term of this Agreement, no member, officer or
employee of Commission, during the term of his or her service with Commission, shall have any
direct interest in this Agreement, or obtain any present or anticipated material benefit arising
therefrom.
3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.5.15 Authority to Enter Agreement. Contractor 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.
3.5.16 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by
both parties.
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3.5.18 Federal Provisions. Funding for Services under a Task Order may be
provided, in whole or in part, by the Federal Transportation Administration (“FTA”) or by the
California Department of Transportation (Caltrans). Contractor shall also fully and adequately
comply with the Caltrans or FTA provisions included in Exhibit “D” (State and Federal
Requirements) attached hereto and incorporated herein by reference (“State/Federal
Requirements”), as applicable based on the funding source for the relevant Task Order. With
respect to any conflict between such State/Federal Requirements and the terms of this Agreement
and/or the provisions of state law, the more stringent requirement shall control.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE FOR ON-CALL MAINTENANCE AND REPAIR SERVICES
AGREEMENT
BETWEEN THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AND [***INSERT NAME***]
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date
first set forth above.
RIVERSIDE COUNTY
TRANSPORTATION COMMISSION
[INSERT NAME]
[INSERT TITLE]
Approved as to form:
Best Best & Krieger LLP
General Counsel
CONTRACTOR
Signature
Name
Title
ATTEST:
Signature
Name
Title
A corporation requires the signatures of two corporate officers. One signature shall be that of the
chairman of board, the president or any vice president and the second signature (on the attest
line) shall be that of the secretary, any assistant secretary, the chief financial officer or any
assistant treasurer of such corporation.
If the above referenced persons are not the intended signators, evidence of signature authority
shall be provided to RCTC.
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17336.00600\29957195.1
EXHIBIT “A”
SCOPE OF SERVICES
[***SCOPE FROM RFP TO BE INCLUDED***]
110
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17336.00600\29957195.1
EXHIBIT “B”
COMPENSATION
[***RATES & AUTHORIZED REIMBURSABLE EXPENSES TO BE INCLUDED***]
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EXHIBIT “C”
SAMPLE TASK ORDER FORM
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
TASK ORDER
Task Order No. _____________
Agreement No. ______________ Funding Source ___________________
Contractor: _________________________
The Contractor is hereby authorized to perform the following work subject to the
provisions of the Agreement identified above:
List any attachments: (Please provide if any.)
Dollar Amount of Task Order: Not to exceed $_____,_____.00
Completion Date: _____________, 201__
The undersigned Contractor hereby agrees that it will provide all equipment, furnish all
materials, except as may be otherwise noted above, and perform all services for the
work above specified in accordance with the Contract identified above and will accept
as full payment therefore the amount shown above.
Riverside County Transportation Commission Contractor
Dated: _________________ Dated: _________________
By: ________________________ By: ____________________
Title: ________________________ Title: ____________________
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EXHIBIT “D”
STATE & FEDERAL REQUIREMENTS
[***TO BE INSERTED FROM RFP***]
113