HomeMy WebLinkAbout2011-05-24 City Council Item No. 12CITY OF
LADE ,LSIIYORE
~ V DREAM EXTREME.
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY
CITY MANAGER
DATE: MAY 24, 2011
SUBJECT: RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AGREEMENT FOR 1-15/RAILROAD CANYON ROAD
INTERCHANGE IMPROVEMENT PROJECT, AMENDMENT NO. 1
Background
The 1-15/Railroad Canyon Road Interchange Improvement Project began the Caltrans
approval process in early 2000. After many iterations and reviews, the project has moved
into the Project Approval and Environmental Document (PA&ED) phase. At their regularly
scheduled meeting on January 11, 2011, the City Council directed staff to seek assistance
from Riverside County Transportation Commission (RCTC) for the completion of this
process. To accomplish this directive, on February 4, 2010, the City and RCTC entered
into an agreement which funded the PA&ED Phase of the project in the amount of
$1,000,000. On May 11, 2011, RCTC approved an amendment to the February 4, 2010
agreement that allowed RCTC staff to assist with this project.
Discussion
In February of 2010, the City of Lake Elsinore and RCTC entered into an agreement to
fund the PA&ED phase of the 1-15/Railroad Canyon Road Interchange Project. This
agreement allocated $1,000,000 of Transportation Uniform Mitigation Fee (TUMF) monies
to complete this phase. At the direction of the City Council, City staff approached RCTC
staff requesting their assistance in completing this phase of the project. After a thorough
analysis of the project status, RCTC staff proposed an amendment to the February 2010
agreement (Agreement No. 10-72-016-01) that provided for an additional $206,000 to
cover unanticipated costs of studies and processing and allowed RCTC to assume the
City's existing professional services agreement with SC Engineering. On May 11, 2011,
the Commission approved the amendment allowing RCTC to assist the City in completing
AGENDA ITEM NO. 12
Page 1
the PA&ED phase of this project. If approved by the City Council, RCTC will assume the
lead agency role for this project and City staff will remain involved as a project stakeholder.
Fiscal Impact
Funding for the remainder of the PA&ED phase of the 1-15/Railroad Canyon Road
Interchange Improvement Project will be funded through the TUMF program. By the action
taken by the RCTC members on May 11, 2011, RCTC staff will reimburse itself using
allocated TUMF monies.
Recommendations
Staff recommends that the City Council authorize the Mayor to execute Amendment No. 1
to the Agreement for the Funding of TUMF Regional Arterial Improvements (agreement
No. 10-72-016-00) which allows RCTC to assume the Professional Service agreement with
SC Engineering and allocates an additional $206,00b of TUMF funding towards the
completion of the PA&ED phase of the project.
Prepared by:
Approved by:
Attachments:
Ken Seumalo 645
Director of Public Works
Robert A. Brady]
City Manager Vim"'
Vicinity Map
Amendment No
Agreement No.
10-72-016-000
Page 2
VICINITY MAP
INTERCHANGE IMPROVEMENTS AT
INTERSTATE 1-15 AND RAILROAD CANYON ROAD
CITY COUNCIL
MAY 24, 2011
Page 3
Agreement No. 10-72-016-01
AMENDMENT NO. 1
TO
AGREEMENT FOR THE FUNDING OF TUMF REGIONAL ARTERIAL
IMPROVEMENTS WITH THE CITY OF LAKE ELSINORE FOR THE RAILROAD
CANYON ROAD @ 1-15 IMPROVEMENTS
PARTIES AND DATE
This Amendment No. 1 to Agreement No. 10-72-016-00 is made and entered into as
of this day of , 2011, by and between the RIVERSIDE COUNTY
TRANSPORTATION COMMISSION ("Commission") and the CITY OF LAKE ELSINORE
("City").
2. RECITALS
2.1 The Commission and the City have entered into an agreement entitled
"Agreement for the Funding of TUMF Regional Arterial Improvements with
the City of Lake Elsinore" dated February 4, 2010 (the "Master Agreement").
The Master Agreement provides the terms and conditions, scope of work,
schedule and funding amount for the Project Approval and Environmental
Document ("PA&ED") phase related to the Railroad Canyon Road @ 1-15
Improvement Project (hereinafter the "Project"). The Project is more
specifically described in Exhibit "B" of the Master Agreement.
2.2 The parties now desire to amend the Master Agreement in order to increase
the Funding Amount, as set forth in Section 3.2 of the Master Agreement,
from One Million Dollars ($1,000,000) to One Million Two Hundred and Six
Thousand Dollars ($1,206,000) in response to higher than anticipated costs
to complete the PA&ED Phase of work for the Project.
2.3 The parties have determined that it would be in their best interest for the
Commission to assume the City's existing professional services agreement
with SC Engineering for the PA&ED services for the Project (the
"Professional Services Agreement"). Concurrent with the adoption of this
Amendment No. 1, the parties are entering into an assignment and
assumption agreement to effectuate the transfer of responsibility for the
Professional Services Agreement to the Commission.
17336.01200\5950807.1
Page 4
2.4 In order for the Commission to assist the City with completion of the PA&ED
for the Project, including, but not limited to, the remaining PA&ED services to
be completed under the Professional Services Agreement, the parties
further desire to amend the Master Agreement in order to permit the
Commission to reimburse itself for all costs associated with the PA&ED for
the Project and incurred by the Commission, as further described herein.
2.5 The Commission is sometimes referred to in the Master Agreement as
°RCTC."
3. TERMS
3.1 The Recitals set forth above are true and correct and are incorporated into
this Amendment by this reference, as though fully set forth herein.
3.2 Section 3.2 of the Master Agreement shall be deleted in its entirety and
replaced with the following:
3.2 RCTC Funding Amount. The total TUMF Regional Funds
to be provided under this Agreement for the Project shall not
exceed One Million Two Hundred and Six Thousand Dollars
($1,206,000) ("Funding Amount'). RCTC hereby agrees to
distribute to the City, from the Funding Amount, and on the.
terms and conditions set forth herein, a sum not to exceed
Nine Hundred Forty Eight Thousand Dollars ($948,000), to be
used exclusively for reimbursing the City for eligible Work
expenses. RCTC shall be entitled to retain, from the Funding
Amount, a sum not to exceed Two Hundred Fifty Eight
Thousand Dollars ($258,000) for RCTC to reimburse itself for
eligible Work expenses as described herein. The City
acknowledges and agrees that the Funding Amount may be
less than the actual cost of the Work, and that RCTC shall not
contribute TUMF Regional Funds in excess of the Maximum
TUMF share for the phase/project identified in the most
recently approved Nexus Study.
3.3 Exhibit "A° of the Master Agreement shall be deleted in its entirety and
replaced with Exhibit "A" attached hereto and incorporated by reference.
17336.01200\5950807.1
Page 5
3.4 The City agrees that RCTC shall be entitled to reimburse itself and/or to
deduct from the Funding Amount all costs as described in Section 3.5 of this
Amendment No 1.
3.5 Section 3.2.1 of the Master Agreement shall be amended to include the
following additional language:
The Total Work Cost shall also include the following items: all
of RCTC's costs associated with managing the consultant, SC
Engineering ("Consultant") under the Pfofessional Services
Agreement, coordination with Caltrans, FHWA and other
agencies as required for the Project, and reimbursement by
RCTC of the Consultant for services performed by the
Consultant as directed by RCTC under the Professional
Services Agreement..
3.6 The Project shall be completed expeditiously, within the term of the Master
Agreement.
3.7 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.
[Signatures on following page]
17336.01200\5950807.1
3
Page 6
SIGNATURE PAGE
TO
AGREEMENT NO. 16-72-016-01
IN WITNESS WHEREOF, the parties hereto have executed the Agreement No. 10-
72-016-01 on the date first herein above written.
RIVERSIDE COUNTY
TRANSPORTATION COMMISSION
By:
Gregory S. Pettis
Chair
APPROVED AS
By:
CITY OF LAKE ELSINORE
By:
Amy Bhutta
Mayor
APPROVED AS TO FORM:
Barbara Liebold
City Attorney
17336.01200\5950807.1
4
Page 7
EXHIBIT "A"
SCOPE OF WORK,
FUNDING AND TIMETABLE
SCOPE OF WORK: The PA&ED Phase of work (Preliminary Engineering and
Environmental Clearance) for the reconstruction of the Railroad Canyon Rd @ 1-15
Interchange.
FUNDING:
PHASE
UMF
LOCAL
TOTAL
PA&ED
$1,206,000
0
$1,206,000
TOTAL
1,206,000
N/A
$1,206,000
TIMETABLE:
PA&ED Start January, 2009 Complete January, 2012
17336.01200\5950807.] EX HIBIT A
Page 8
Agreement No. 10-72-016-00
AGREEMENT FOR THE FUNDING OF
TUMF REGIONAL ARTERIAL IMPROVEMENTS
WITH THE CITY OF LAKE ELSINORE FOR THE
RAILROAD CANYON ROAD @ 1-15 IMPROVEMENTS RCTC PROJECT 5104
1. Parties and Date.
AolO
1.1 This Agreement is executed and entered into this t/~day of , 299_, by and
between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("RCTC") and the City
of Lake Elsinore ("City"). RCTC and City are sometimes collectively referred to herein as the
"Parties
2. Recitals.
2.1 RCTC is a county transportation commission created and existing pursuant to
California Public Utilities Code Sections 130053 and 130053.5.
2.2 On November 5, 2002 the voters of Riverside County approved Measure A
authorizing the collection of a one-half percent (1/2%) retail transactions and use tax to fund
transportation programs and improvements within the County of Riverside, and adopting the
Riverside County Transportation Improvement Plan (the "Plan").
. 2.3 The Plan requires cities and the County in western Riverside County to participate in
a Transportation Uniform Mitigation Fee (TUMF) Program to be eligible to receive Local Streets
and Roads funds generated by Measure A.
2.4 The Plan further requites that the first $400 milli on in revenues from TUMF be made
available to RCTC to fund equally the Regional Arterial System and development of New
Transportation Corridors identified through the Community and Environmental Transportation
Acceptability Process (CETAP). To receive TUMF funding, CETAP corridors must also be
designated on the Regional System of Highways and Arterials as established in the October 2002
TUMF Nexus Study, amended in March 2004, and as may be amended in the future.
2.5 The Western Riverside Council of Governments (WRCOG) has been selected to
administer the overall TUMF Program pursuant to applicable state laws including Government Code
Sections 66000 et seq. and has entered into a Memorandum of Understanding (MOLT) with RCTC
dated July 10, 2003 regarding the allocation of the $400 million in TUMF Regional Funds to be
made available to RCTC for programming.
2.6 RCTC issued to the cities and the County a "Call for Projects" to be funded with
TUMF Regional funds, and in response to the Project Nomination Forms, took action on September
8, 2004 to adopt a five year TUMF Regional Arterial Program which identifies the projects and the
R V PUB\PCn01\766996.2
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maximum funding commitments awarded for specific phases of work. RCTC's TUMF Regional
Arterial Program may be updated from time to time.
2.7 RCTC intends, by this Agreement, to distribute TUMF Regional Funds, subject to the
conditions provided herein, and to participate in the joint development of the Project, as defined
herein.
3. Terms.
3.1 Description of Work. This Agreement is intended to distribute TUMF Regional
Funds to the City for Railroad Canyon Rd. @ I-15 Improvement Project PA&ED phase of
work, ("the Work"). The Work, including a timetable and a detailed scope of work, is more fully
described in Exhibit "A" attached hereto and, pursuant to Section 3.15 below, is subject to
modification as requested by the City and approved by RCTC. The Work shall be consistent with
one or more of the defined RCTC Call for Projects phases detailed herein as follows:
4) PA&ED - Project Approvals & Environmental Dot ument
2) PS&E - Plans, Specifications and Estimates
3) R/W - Right of Way Acquisition and Utility Relocation
4) CONS - Construction
The Work phase(s) funded pursuant to this Agreement shall be consistent with the City's Call for
Projects Nomination Form submitted to the RCTC ("the Project") and as approved by the RCTC on
September 8, 2004. The Project is more fully described in Exhibit "B attached hereto. It is
understood and agreed that the City shall expend TUMF Regional Funds only as set forth in this
Agreement and only for the Work. To this end, any use of funds provided pursuant to this
Agreement shall be subject to the review and approval of RCTC.
3.2 RCTC Funding Amount. RCTC hereby agrees to distribute to the City, on the terms
and conditions set forth herein, a sum not to exceed One Million Dollars ($1,000,000), to be used
exclusively for reimbursing the City for eligible Work expenses as described herein ("Funding
Amount"). The City acknowledges and agrees that the Funding Amount may be less than the actual
cost of the Work, and that RCTC shall not contribute TUMF Regional Funds in excess of the
maximum TUMF share for the phase/project identified in Appendix F of the TUMF Nexus Study.
3.2.1 Eligible Work Costs. The total Work costs ('Total Work Cost") may include
the following items, provided that such items are included in the scope of work attached as Exhibit
"A": (1) City and/or consultant costs associated with direct Work coordination and support; (2)
funds expended in preparation of preliminary engineering studies; (3) funds expended for preparation
of environmental review documentation for the Work; (4) all costs associated with right-of-way
acquisition, including right-of-way engineering, appraisal, acquisition, legal costs for condemnation
procedures if authorized by the City, and costs of reviewing appraisals and offers for property
acquisition; (5) costs reasonably incurred if condemnation proceeds; (6) costs incurred in the
preparation of plans, specifications, and estimates by City or consultants; (7) City costs associated
with bidding, advertising and awarding of the Work contracts; (8) construction costs, including
2
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change orders to construction contract approved by the City; and (9) construction management, field
inspection and material testing costs.
3.2.1.1 Right-of-Way Acquisition. The Parties acknowledge that in order to
protect. the City's ability to deliver the Project in a timely cost effective manner, the City may
purchase parcels of property in advance of the completion of the Project's final design (PS&E). The
Parties acknowledge that acquired parcels or remnants purchased in advance of final design may not
ultimately be required for the Project. Upon completion of the.Project's final design, the City shall
provide RCTC with a detailed list of all parcels purchased by the City for which it received TUMF
Regional Funds pursuant to this Agreement. The City shall identify any parcels or remnants thereof
which were acquired using TUMF Regional Funds and are not required for construction of the
Project. A preliminary list shall be submitted to the RCTC 30 days before the issuance of bid
documents for construction of the Project and a final list shall be submitted to the RCTC no later
than 30 days following the recording of the Certificated of Completion for the Project.
3.2.1.2 Valuation and Repayment of Any Property Remnants. Upon receipt
of the City's final list, RCTC shall meet with the City for the purpose of identifying any parcel or
reasonably usable remnant of a parcel for which TUMF Regional Funds were expended that may
reasonably be developed for other use by the City and/or sold. The Parties shall confer in good faith
to agree upon the disposition of such parcels and remnant parcels and their fair market value as of a
date agreed to by the parties, but in no event later than the date of completion of the Project. "Fair
Market Value" shall have the definition set forth in Code of Civil Procedure Section 1263.320 and
"remnant" shall have the definition set forth in Code of Civil Procedure Section 1240.410. Nothing
herein shall preclude the City and RCTC from beginning the meetings earlier in the event both
parties agree that the parcel or remnant will not be used for the Project.
3.2.1.3 Reimbursement for Unused Parcels. Following. recordation of the
Certificate of Completion for the Project, the City shall be responsible for promptly reimbursing
RCTC for any TUMF Regional Funds which were used to acquire parcels which are. completely
unused in the Project. If City funds other than TUMF were used to purchase the Parcel, those local
funds shall be considered in determining the reimbursement amount.
3.2.1.4 Appeal to Commission. In the event of a disagreement between the
Parties regarding the reimbursement of TUMF Regional Funds under this section 3.2.1, either party
may appeal, in writing, to the RCTC Board. The RCTC Board's determination regarding excess
right-of-way and value pursuant to this section shall be final.
3.2.2 Ineligible Work Costs. The Total Work Cost shall not include the following
items which shall be borne solely by the City without reimbursement: (1) City administrative costs;
(2) City costs attributed to the preparation of invoices, billings and payments; (3) any City fees
attributed to the processing of the Work; and (4) expenses for items of work not included within the
scope of work in Exhibit "A".
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3.2.3 Increases in Work Funding. The Funding Amount may, in RCTC's sole
discretion, be augmented with additional TUMF Regional Funds if the TUMF Nexus Study is
amended to increase the maximum eligible TUMF share for the Work. Any such increase in the
Funding Amount must be approved in writing by RCTC's Executive Director. In no case shall the
amount of TUMF Regional Funds allocated to the City exceed the then-current maximum eligible
TUMF share for the Work. No such increased funding shall be expended to pay for any Work
already completed. For purposes of this Agreement, the Work or any portion thereof shall be
deemed complete upon its acceptance by RCTC's Executive Director.
3.2.4 No Funding for Temporary Improvements. Only segments or components of
the Work that are intended to form part of or be integrated into the Work may be funded by TUMF
Regional Funds. No improvement which is temporary in nature, including but not limited to
temporary roads, curbs, or drainage facilities, shall be funded with TUMF Regional Funds except as
needed for staged construction of the Work.
3.3 City's Funding Obligation to Complete the Work. In the event that the TUMF
Regional Funds allocated to the Work represent less than the total cost of the Work, the City shall
provide such additional funds as may be required to complete the Work as described in Exhibit "A".
3.4 Work Responsibilities of the City. The City shall be responsible for the following
aspects of the Work, in compliance with state and federal law provided that such items are included
in the Project scope of work attached as Exhibit ".A": (i) development and approval of plans,
specifications and engineer's estimate (PS&E), environmental clearance, right of way acquisition,
and obtaining all permits required by impacted agencies prior to commencement of the Work ; (ii) all
aspects of bidding, awarding, and administration of the contracts for the Work; (iii) all construction
management of any construction activities undertaken in connection with the Work, including survey
and material testing; and (iv) development of a budget for the Work prior to award of any contract
for the Work, taking into consideration available funding, including TUMF Regional Funds.
3.5 Tenn/Notice of Completion. The term of this Agreement shall be from the date first
herein above written until: (i) the date RCTC formally accepts the Work as complete, pursuant to
Section 3.2.3; (ii) termination of this Agreement pursuant to Section 3.9; or (iii) the City has fully
satisfied its obligations under this Agreement, (Note: If this Agreement is for Phase I work do not
include the following text) "including full repayment of TUMF Regional Funds to RCTC as
provided herein". All applicable indemnification provisions of this Agreement shall remain in effect
following the termination of this Agreement.
3.6 Representatives of the Parties. RCTC's Executive Director, or his or her designee,
shall serve as RCTC's representative and shall have the authority to act on behalf of RCTC for all
purposes under this Agreement. The City hereby designates Robert A. Brady, City Manager, or
his or her designee, as the City's representative to RCTC. The City's representative shall have the
authority to act on behalf of the City for all purposes under this Agreement and shall coordinate all
activities of the Work under the City's responsibility. The City shall work closely and cooperate
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fully with RCTC's representative and any other agencies which may have jurisdiction over or an
interest in the Work.
3.7 Expenditure of Funds by City Prior to Execution of Agreement. Nothing in this
Agreement shall be construed to prevent or preclude the City from expending funds on the Work
prior to the execution of the Agreement, or from being reimbursed by RCTC for such expenditures.
However, the City understands and acknowledges that any expenditure of funds on the Work prior to
the execution of the Agreement is made at the City's sole risk, and that some expenditures by the
City may not be eligible for reimbursement under this Agreement.
3.8 Review of Services. The City shall allow RCTC's Representative to inspect or
review the progress of the Work at any reasonable time in order to determine whether the terms of
this Agreement are being met.
3.9 Termination. This Agreement may be terminated for cause or convenience as further
specified below.
3.9.1 Termination for Convenience.
3.9.1.1 Notice. Either RCTC or the City may, by written notice to the other
party, terminate this Agreement, in whole or in part, for convenience by giving thirty (30) days'
written notice to the other party of such termination and specifying the effective date thereof.
3.9.1.2 Effect of Termination for Convenience. In the event that the City
terminates this Agreement for convenience, the City shall, within 180 days, repay to RCTC in full all
TUMF Regional Funds provided to the City under this Agreement. In the event that RCTC
terminates this Agreement for convenience, RCTC shall, within 90 days, distribute to the City
TUMF Regional Funds in an amount equal to the aggregate total of all unpaid invoices which have
been received from the City regarding the Work at the time of the notice of termination; provided,
however, that RCTC shall be entitled to exercise its rights under Section 3.14.2, including but not
limited to conducting a review of the invoices and requesting additional information. This
Agreement shall terminate upon receipt by the non-terminating party of the amounts due it under this
Section 3.9.1.1
3.9.2 Termination for Cause.
3.9.2.1 Notice. Either RCTC or the City may, by written notice to the other
party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the
other party, by giving written notice to the other party of such termination and specifying the
effective date thereof. The written notice shall provide a 30 day period to cure any alleged breach.
During the 30 day cure period, the Parties shall discuss, in good faith, the manner in which the
breach can be cured.
3.9.2.2 Effect of Termination for Cause. In the event that the City terminates
this Agreement in response to RCTC's uncured material breach hereof, RCTC shall, within 90 days,
distribute to the City TUMF Regional Funds in an amount equal to the aggregate total of all unpaid
RVPUBTCHOF\766996.2
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invoices which have been received from the City regarding the Work at the time of the notice of
termination. In the event that RCTC terminates this Agreement in response to the City's uncured
material breach hereof, the City shall, within 180 days, repay to RCTC in full all TUMF Regional
Funds provided to the City under this Agreement. Notwithstanding termination of this Agreement by
RCTC pursuant to this Section 3.9.2.2, RCTC shall be entitled to exercise its rights under Section
3.14.2, including but not limited to conducting a review of the invoices and requesting additional
information. This Agreement shall terminate upon receipt by the non-terminating party of the
amounts due it under this Section 3.9.2.2.
3.9.3 Cumulative Remedies. The rights and remedies of the Parties provided in this
Section are in addition to any other rights and remedies provided by law or under this Agreement.
3.10 Prevailing Wages. The City and any other person or entity hired to perform services
on the Work are alerted to the requirements of California Labor Code Sections 1770 et seq., which
would require the payment of prevailing wages were the services or any portion thereof determined
to be a public work, as defined therein. The City shall ensure compliance with these prevailing wage
requirements by any person or entity hired to perform the Work. The City shall defend; indemnify,
and hold harmless RCTC, its officers, employees, consultants, and agents from any claim or liability,
including without limitation attorneys, fees, arising from its failure or alleged failure to comply with
California Labor Code Sections 1770 et seq.
3.11 Pro egr ss Reports. RCTC may request the City to provide RCTC with progress reports
concerning the status of the Work.
3.12 Indemnification.
3.12.1 City Responsibilities. In addition to the indemnification required under
Section 3. 10, the City agrees to indemnify and hold harmless RCTC, its officers, agents, consultants,
and employees from any and all claims; demands, costs or liability arising from or connected with all
activities governed by this Agreement including all design and construction activities, due to
negligent acts, errors or omissions or willful misconduct of the City or its subcontractors. The City
will reimburse RCTC for any expenditures, including reasonable attorneys' fees, incurred by RCTC,
in defending against claims ultimately determined to be due to negligent acts, errors or omissions or
willful misconduct of the City.
3.12.2 RCTC Responsibilities. RCTC agrees to indemnify and hold harmless the
City, its officers, agents, consultants, and employees from any and all claims, demands, costs or
liability arising from or connected with all activities governed by this Agreement including all design
and construction activities, due to negligent acts, errors or omissions or willful misconduct of RCTC
or its sub-consultants. RCTC will reimburse the City for any expenditures, including reasonable
attorneys' fees, incurred by the City, in defending against claims ultimately determined to be due to
negligent acts, errors or omissions or willful misconduct of RCTC.
3.12.3 Effect of Acceptance. The City shall be responsible for the professional
quality, technical accuracy and the coordination of any services provided to complete the Work.
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RCTC's review, acceptance or funding of any services performed by the City or any other person or
entity under this agreement shall not be construed to operate as a waiver of any rights RCTC may
hold under this Agreement or of any cause of action arising out of this Agreement. Further, the City
shall be and remain liable to RCTC, in accordance with applicable law, for all damages to RCTC
caused by the City's negligent performance of this Agreement or supervision of any services
provided to complete the Work.
3.13 Insurance. The City shall require, at a minimum, all persons or entities hired to
perform the Work to obtain, and require their subcontractors to obtain, insurance of the types and in
the amounts described below and satisfactory to the City and RCTC. Such insurance shall be
maintained throughout the term of this Agreement, or until completion of the Work, whichever
occurs last.
3.13.1 Commercial General Liability Insurance. Occurrence version commercial
general liability insurance or equivalent form with a combined single limit of not less than
$1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply
separately to the Work or be no less than two times the occurrence limit. Such insurance shall:
3.13.1.1 Name RCTC and City, and their respective officials, officers,
employees, agents; and consultants as insured with respect to performance of the services on the
Work and shall contain no special limitations on the scope of coverage or the protection afforded to
these insured;
3.13.1.2 Be primary with respect to any insurance or self insurance
programs covering RCTC and City, and/or their respective officials, officers, employees, agents, and
consultants; and
3.13.1.3 Contain standard separation of insured provisions.
3.13.2 Business Automobile Liability Insurance. Business automobile liability
insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per
occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles.
3.13.3 Professional Liability Insurance. Errors and omissions liability insurance with
a limit of not less than $1,000,000.00 Professional liability insurance shall only be required of design
or engineering professionals.
3.13.4 Workers' Compensation Insurance. Workers' compensation insurance with
statutory limits and employers' liability insurance with limits of not less than $1,000,000.00 each
accident.
3.14 Procedures for Distribution of TUMF Regional Funds to City.
3.14.1 Initial Payment by the City. The City shall be responsible for initial payment
of all the Work costs as they are incurred. Following payment of such Work costs, the City shall
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submit invoices to RCTC requesting reimbursement of eligible Work costs. Each invoice shall be
accompanied by detailed contractor invoices, or other demands for payment addressed to the City,
and documents evidencing the City's payment of the invoices or demands for payment. The City
shall submit invoices not more often than monthly and not less often than quarterly.
3.14.2 Review and Reimbursement by RCTC. Upon receipt of an invoice from the
City, RCTC may request additional documentation or explanation of the Work costs for which
reimbursement is sought. Undisputed amounts shall be paid by RCTC to the City within thirty (30)
days. In the event that RCTC disputes the eligibility of the City for reimbursement of all or a portion
of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute. If the
meet and confer process is unsuccessful in resolving the dispute, the City may appeal RCTC's
decision as to the eligibility of one or more invoices to RCTC's Executive Director. The City may
appeal the decision of the Executive Director to the full RCTC Board, the decision of which shall be
final. Additional details concerning the procedure for the City's submittal of invoices to RCTC and
RCTC's consideration and payment of submitted invoices are set forth in Exhibit "C",.attached
hereto.
3.14.3 Funding Amount/Adjustment. If a post Work audit or review indicates that
RCTC has provided reimbursement to the City in an amount in excess of the maximum eligible
TUMF share of the Work, as determined by the TUMF Nexus Study, or has provided reimbursement
of ineligible Work costs, the City shall reimburse RCTC for the excess or ineligible payments within
30 days of notification by RCTC.
3.15 Work Amendments. Changes to the characteristics of the Work, including the
deadline for Work completion, and any responsibilities of the City or RCTC may be requested in
writing by the City and are subject to the approval of RCTC's Representative, which approval will
not be unreasonably withheld, provided that extensions of time for completion of the Work shall be
approved in the sole discretion of RCTC's Representative. Nothing in this Agreement shall be
construed to require or allow completion of the Work without full compliance with the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; "CEQA") and the
National Environmental Policy Act of 1969 (42 USC 4231 et seq.), but the necessity of compliance
with CEQA and NEPA shall not justify, excuse, or permit a delay in completion of the Work.
3.16 Conflict of Interest. For the term of this Agreement, no member, officer or employee
of the City or RCTC, during the term of his or her service with the City or RCTC, as the case may
be, shall have any direct interest in this Agreement, or obtain any present or anticipated material
benefit arising therefrom.
3.17 Limited Scope of Duties. RCTC's and the City's duties and obligations under this
Agreement are limited to those described herein. RCTC has no obligation with respect to the safety
of any Work performed at a job site. In addition, RCTC shall not be liable for any action of City or
its contractors relating to the condemnation of property undertaken by City or construction related to
the Work.
RVPUB\PCHOI\766996.2
Page 16
3.18 Books and Records. Each party shall maintain complete, accurate, and clearly
identifiable records with respect to costs incurred for the Work under this Agreement. They shall
make available for examination by the other party, its authorized agents, officers or employees any
and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or
documents evidencing or related to the expenditures and disbursements charged to the other party
pursuant to this disbursements charged to the other party pursuant to this Agreement. Further, each
party shall furnish to the other party, its agents or employees such other evidence or information as
they may require with respect to any such expense or disbursement charged by them. All such
information shall be retained by the Parties for at least three (3) years following termination of this
Agreement, and they shall have access to such information during the three-year period for the
purposes of examination or audit.
3.19 FF, ual Opportunity Employment. The Parties represent that they are equal opportunity
employers and they shall not discriminate against any employee or applicant of reemployment
because of race, religion, color, national origin, ancestry, sex or age. Such non-discrimination shall
include, but not be limited to, all activities related to initial employment, upgrading, demotion,
transfer, recruitment or recruitment advertising, layoff or termination.
3.20 Governing Law. This Agreement shall be governed by and construed with the laws of
the State of California.
3.21 A%Qmeys' Fees. If either party commences an action against the other party arising
out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to
have and recover from the losing party reasonable attorneys' fees and costs of suit.
3.22 Time of Essence. Time is of the essence for each and every provision of this
Agreement.
3.23 Headings. Article and Section Headings, paragraph captions or marginal headings
contained in this Agreement are for convenience only and shall have no effect in the construction or
interpretation of any provision herein.
3.24 Notification. All notices hereunder and communications regarding interpretation of
the terms of the Agreement or changes thereto shall be provided by the mailing thereof by registered
or certified mail, return receipt requested, postage prepaid and addressed as follows:
City of Lake Elsinore
130 South Main St.
Lake Elsinore, CA 92530
ATTN: City Manager
RVPUB\PCHOI\766996.2
RCTC
Riverside County Transportation Commission
4080 Lemon, 3`a Floor
Mailing address: P.O. Box 12008
Riverside, CA 92501
ATTN: ExecutiveDirector
Page 17
Any notice so given shall be considered served on the other party three (3) days after deposit
in the U.S. mail, first class postage prepaid, return receipt requested, 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.
3.25 Conflicting Provisions. In the event that provisions of any attached appendices or
exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and
conditions contained in this Agreement shall control the actions and obligations of the Parties and
the interpretation of the Parties' understanding concerning the performance of the Services.
3.26 Contract Amendment. In the event that the Parties determine that the provisions of
this Agreement should be altered, the Parties may execute a contract amendment to add any
provision to this Agreement, or delete or amend any provision of this Agreement. All such contract
amendments must be in the form of a written instrument signed by the original signatories to this
Agreement, or their successors or designees.
3.27 Entire Agreement. This Agreement constitutes the entire agreement between the
Parties relating to the subject matter hereof and supersedes any previous agreements or
understandings.
3.28 Validity of Agreement. The invalidity in whole or in part of any provision of this
Agreement shall not void or affect the validity of any other provision of this Agreement.
y'contractor
3.29 Independent Contractors. Any person or entities retained by the City or an
shall be retained on an independent contractor basis and shall not be employees of RCTC. Any
personnel performing services on the Work shall at all times be under the exclusive direction and
control of the City or contractor, whichever is applicable. The City or contractor shall pay all wages,
salaries and other amounts due such personnel in connection with their performance of services on
the Work and as required by law. The City or consultant shall be responsible for all reports and
obligations respecting such personnel, including, but not limited to: social security taxes, income tax
withholding, unemployment insurance and workers' compensation insurance.
[Signatures on following page]
10
RVPUB\PCn01\766996.2
Page 18
SIGNATURE PAGE
TO
AGREEMENT FOR THE FUNDING OF
TUMF REGIONAL ARTERIAL IMPROVEMENTS
AGREEMENT NO.10-72-0.16-00
RIVERSIDE COUNTY CITY OF LAKE ELSINORE
TRANSPORTAPON COMMISSION
By: By:szC_7'L'~ -
F"l ert E. Magee, C# Melissa A. Melendez
Mayor
Anne Mayer, Executive Director
APPROVED AS TO FORM: APPROVED AS TO FORM:
i
By: By:
Best eger LIB arbara L,i~old
Co se R ounty City Attorney
11
RVPUBWCH01\766996.2
Page 19
EXHIBIT "A"
SCOPE OF WORK,
FUNDING AND TIMETABLE
SCOPE OF WORK: The PA&ED Phase of work (Preliminary Engineering and Environmental
Clearance) for the reconstruction of the Railroad Canyon Rd @ I-15 Interchange, construction of
a new interchange at Franklin St. @ I-15; ramp improvements and auxiliary lane construction on
1-15.
FUNDING:
PHASE
TUMF
LOCAL
TOTAL
PA&ED
$1,000,000
$ 0
$1,000,000
PS&E
N/A
N/A
N/A
RIGHT OF WAY
N/A
N/A
N/A
CONSTRUCTION
N/A
N/A
N/A
TOTAL
$1,000,000
N/A
$1,000,000
TIMETABLE:
PA&ED Start January, 2009 Complete June, 2010
Page 20
EXIMIT "A-V
GUIDANCE for COMPLETION OF EXHIBIT A
The following list of items generally identified as eligible or ineligible for TUMF Regional
Funding reimbursement are consistent with those used to develop the costs for improvements in
the first NEXUS Study prepared by WRCOG.
In general, all improvements, with the exception of sidewalks, must be within the curbs of the
roadway and extend no further than the curb returns at intersections. In addition, all
improvements on or connecting to interstate and state route facilities shall be consistent with
Caltrans highway Design Manual standards.
Items which are typically considered eligible include:
• Asphalt concrete pavement, up to 16' per lane, to accomplish a 12' travel lane and
ancillary treatment and appropriate base materials
• Concrete curb and gutter and associated drainage - paved roadway shoulders and
swale may be used as a substitute
• Class II Bike Lanes
• Paved and painted 14' median, may be used as a dual left turn lanes
Traffic signals at intersections with state highways and major arterials which are
also on the TUMF Network
• Pavement striping and roadway signing as required.
Items which are not typically considered eligible include:
• Portland Cement pavement or other aesthetic pavement types (except at
intersections)
• Major. rehabilitation or overlay of existing pavement in adjacent roadway lanes
Raised Medians
Parking Lanes
Landscaping
Lighting
• Class I Bike Lanes
RVPU13\PCH01\766996.2
EXHIBIT `A-1'
Page 21
EXHIBIT "B"
"PROJECT"DESCRIPTION, FUNDING AND MILESTONES
PROJECT DESCRIPTION:
The Project to be constructed is the reconstruction/widening of the Railroad Canyon Road
Undercrossing from 2 lanes to 4 lanes: construction of a new full Interchange at Franklin St. @ I-
15; ramp reconfiguration: and construction of a auxiliary lanes on I-15 between Railroad
Canyon Road and Franklin St.
FUNDING:
- PHASE
TUMF
LOCAL
TOTAL
PA&ED
$1,000,000
$0
$1,000,000
PS&E
$300,000
$1,200,000
$1,500,000
RIGHT OF WAY
$5,000,000
$0
$5,0000,000
CONSTRUCTION
$7,200,000
$44,800,000
$52,000,000
TOTAL
$13,500,000
$46,000,000
$59,500,000
MILESTONES - provide a list of phases and milestones for completion of the improvements
and estimated dates when each is expected to be accomplished.
PA&ED
Start:
January, 2009
PS&E
Start:
March, 2010
R/W
Start:
March, 2010
Construction
Start:
January, 2012
Complete:
June, 2010
Complete:
September, 2011
Complete:
June, 2011
Complete:
January 2014
Page 22
EXFIIBIT "C"
PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES
1. RCTC recommends that the City incorporate Exhibit "C-1" into its contracts with any
subcontractors to establish a standard method for preparation of invoices by contractors to
the City and ultimately to RCTC for reimbursement of City contractor costs.
2. Each month the City shall submit an invoice for eligible Work costs incurred during the
preceding month. The original invoice shall be submitted to RCTC's Executive Director
with a copy to RCTC's Project Coordinator. Each invoice shall be accompanied by a cover
letter in a format substantially similar to that of Exhibit "C-2".
3. Each invoice shall include documentation from each contractor used by the City for the
Work, listing labor costs, subcontractor costs, -and other expenses. Each invoice shall also
include a monthly progress report and spreadsheets showing the hours or amounts expended
by each contractor or consultant for the month and for the entire Work to date. Samples of
acceptable task level documentation and progress reports are attached as Exhibits "C-4" and
"C-5". All documentation from the City's contractors should be accompanied by a cover
letter in a format substantially similar to that of Exhibit "C-3".
4. If the City is seeking reimbursement for direct expenses incurred by City staff for eligible
Work costs, the City shall detail the same level of information for its labor and any expenses
in the same level of detail as required of contractors pursuant to Exhibit "C" and its
attachments.
5. Charges for each task and milestone listed in Exhibit "A" shall be listed separately in the
invoice.
6. Each invoice shall include a certification signed by the City Representative or his or her
designee which reads as follows:
I hereby certify that the hours and salary rates submitted for reimbursement in this invoice
are the actual hours and rates worked and paid to the consultants or contractors listed.
Signed _
Title
Date
Invoice No.
RVPUBTM0IV66996.2
EXFIIEtT `C'
Page 23
7. RCTC will pay the City within 30 days. after receipt by the Commission of an invoice. If
RCTC disputes any portion of an invoice, payment for that portion will be withheld, without
interest, pending resolution of the dispute, but the uncontested balance will be paid.
8. The final payment under this Agreement will be made only after: (i) the City has obtained a
Release and Certificate of Final Payment from each contractor or consultant used on
theWoik; (ii) the City has executed a Release and Certificate of Final Payment; and (iii) the
City has provided copies of each such Release to ROTC.
RMIAPCH011766996.2
EXRMrr `C'
Page 24
CITY OF
LADE LSIHOKE
1 DREAM
January 20, 2010
Riverside County Transportation Commission
Attn: Shirley Gooding
Administrative Assistant
PO Box 12008.
Riverside, CA 92502
Subject: Contract Agreement
Dear Ms. Gooding,
The City Council of the City of Lake Elsinore approved the Transmittal of Agreement
No. 10-72-035-00 for Railroad. Canyon Road @ 1-15 Interchange Improvements;
between the City of Lake Elsinore and RCTC at their meeting on January 12, 2010.
I have enclosed four original, Contract Agreements fully executed please return one
original to my attention with the Certificate of Insurance. Should you have any
questions, please call me at (951) 674-3124, ext. 269.
Enclosure
951.674.3124
130 S. MAIN STREET
LAKE ELSINORE. CA 92530
W W W. LAKE- ELSI NORE.ORG
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