HomeMy WebLinkAbout200-11-10 CC Item No. 3 CITY OF i/�c�
LADE L LSINORj
'� DREAM EXTREME.
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY
CITY MANAGER
DATE: NOVEMBER 10, 2009
SUBJECT: CONSTRUCTION OF INTERCHANGE IMPROVEMENTS AT
INTERSTATE 1 -15 AND CENTRAL AVENUE (SR -74) — APPROVAL OF
MEASURE A FUNDING AGREEMENT FOR I -15 /CENTRAL AVE
Background
City Council had identified the I- 15/SR -74 interchange as a priority for Staff to process a
project which will reduce traffic congestion in that area. The Fiscal Year budget for the
2008/09 Capital Improvement Program identified $4,955,156 in funding to facilitate
these improvements. The work included widening the freeway on and off ramps,
widening Central Avenue from Collier Avenue to Cambern Avenue.
Discussion
Funding sources for this project are from Gas Tax, Developers Fair Share, Traffic
Safety, Traffic Impact Fees (T.I.F.), TUMF and Measure A Regional Arterial (MARA)
funds. Measure A Regional Arterial funds is administered by the Riverside County
Transportation Commission (RCTC) and RCTC has approved the agreement with the
City of Lake Elsinore to fund $2,000,000 for this project.
Fiscal Impacts
Total project costs including preparation of plans, specifications, construction,
construction contingency, inspection, surveying, material testing and administration is
$4,955,156.
Recommendations
1. Authorize the Mayor to sign an agreement on behalf of the City to receive
Measure A Regional Arterial fund reimbursements in the amount of $2,000,000.
CC November 10, 2009 Item No. 3
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Interchange 1 -15/ Central- Measure A
November 10, 2009
Page 2
Prepared by: David S. Solomon 0
Project Engineer
Ken A. Seumalo L
Director of Public Works
Approved by: Robert A. Brad 1 hi City Manager i
Attachment: Vicinity Map
Agreement
CC November 10, 2009 Item No. 3
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LADE LSINORE
V DREAM EXTREME SR 74 -15 INTERCHANGE INTERIM IMPROVEMENTS
. Prepared By:
City Of Lake Elsinore PROJECT ID NUMBER: TRF -0012 Lake Elsinore GIS
130 S. Main St. PROJECT NUMBER: 4252 June 2009
Data Sources:
Lake Elsinore, CA 92530 Riverside County GIS
(951) 674 -3124 C of Lake Elsinore GIS
www.lake-elsinore.org CC November 10, 2009 Itertta4laZ Nad83
Page 3 of 25
Agreement No. 09 -72- 004 -00
AGREEMENT FOR THE FUNDING OF
MEASURE A REGIONAL ARTERIAL IMPROVEMENTS
WITH THE CITY OF LAKE ELSINORE
1. Parties and Date.
1.1 This Agreement is executed and entered into this 9th day of July, 2008, 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 establishes funding for any improved Regional Arterial System to be funded
by a mix of Measure A and Transportation Uniform Mitigation Fees (TUMF) revenues.
2.4 Pursuant to Public Utility Code Sections 240000 et seq., RCTC is authorized to
allocate the proceeds of the Measure A tax in furtherance of the Plan.
2.5 RCTC intends, by this Agreement, to distribute Measure A Regional Arterial
( "MARA ") 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 MARA Funds to the
City for SR74 /I -15 Interchange Improvements ( "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
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Work shall be consistent with one or more of the defined RCTC Call for Projects phases detailed
herein as follows:
1) PA &ED — Project Approvals & Environmental Document
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 "). The Project is more fully
described in Exhibit `B" attached hereto. It is understood and agreed that the City shall expend
MARA 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 Two Million Dollars ($2,000,000), 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 MARA Funds in excess of the maximum
authorized in this section.
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 ofpreliminary 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
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 MARA
Funds pursuant to this Agreement. The City shall identify any parcels or remnants thereof which
were acquired using MARA 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.
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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 MARA 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 MARA Funds which were used to acquire parcels which are completely unused in the
Project. If City funds other than MARA Funds 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 MARA 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 ".
3.2.3 Increases in Work Funding. The Funding Amount may, in RCTC's sole
discretion, be augmented with additional MARA Funds. Any such increase in the Funding Amount
must be approved in writing by RCTC's Executive Director. 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 MARA
Funds. No improvement which is temporary in nature, including but not limited to temporary roads,
curbs, or drainage facilities, shall be funded with MARA 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 MARA
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 ".
3.3.1 City's Obligation to Repay MARA Funds to RCTC. In the event that: (i) the
City, for any reason, determines not to proceed with or complete the Work; or (ii) the Work is not
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timely completed, subject to any extension of time granted by RCTC pursuant to Section 3.15; the
City agrees that any MARA Funds that were distributed to the City for the Work shall be repaid in
full to RCTC. The Parties shall enter into good faith negotiations to establish a reasonable
repayment schedule and repayment mechanism which may include, but is not limited to, withholding
of Measure A Local Streets and Roads revenues. The City acknowledges and agrees that RCTC
shall have the right to withhold any Measure A Local Streets and Roads revenues due the City, in an
amount not to exceed the total of the funds distributed to the City, and /or initiate legal action to
compel repayment, if the City fails to repay RCTC within a reasonable time period not to exceed 180
days from receipt of written notification from RCTC that repayment is required.
3.3.2 City's Local Match Contribution. The City shall provide at least Three
Million Dollars ($3,000,000) of funding toward the Work, as shown in Exhibit "A" and as called out
in the City's Project Nomination Form submitted to RCTC in response to its Call for Projects.
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 MARA 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, "including full repayment of MARA 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 Mr. Ken Seumalo, City Engineer, 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
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.
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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 maybe 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
MARA 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 MARA 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 3.9.1.2.
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 MARA 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.
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 MARA 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.
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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 Progress 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 any act
of the City or its subcontractors whatsoever, regardless of fault, including negligent acts, errors or
omissions or willful misconduct, except that caused by the sole negligence of RCTC. 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 any act of the City or its subcontractors
whatsoever, regardless of fault, including negligent acts, errors or omissions or willful misconduct,
except that caused by the sole negligence of RCTC.
3.12.2 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.
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 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:
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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 MARA 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
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 MARA
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Funds provided for in section 3.2 of this Agreement, 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 characteristic 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 ROTC'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.
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 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 Equal 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.
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3.21 Attorneys' 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 RCTC
130 South Main St Riverside County Transportation Commission
Lake Elsinore, CA 92530 4080 Lemon Street, 3rd Floor
Riverside, CA 92502
ATTN: City Engineer ATTN: Executive Director
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.
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3.29 Independent Contractors. Any person or entities retained by the City or any contractor
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]
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SIGNATURE PAGE
TO
AGREEMENT FOR THE FUNDING OF
MEASURE A REGIONAL ARTERIAL IMPROVEMENTS
RIVERSIDE COUNTY CITY OF LAKE ELSINORE
TRANSPORTATION COMMISSION
By: By:
Robert E. Magee Daiy1 Hickman
Chairman Mayor Robert E. Magee
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: / / //� By:
y
: • Barbara Leibold
Coun : o the ' I de County City Attorney
a sportati a i
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EXHIBIT "A"
SCOPE OF WORK,
FUNDING AND TIMETABLE
SCOPE OF WORK: Detail the Phase(s) of Work to be performed under this Agreement.
(Note: Detail the full Project description on Exhibit B.) Provide specific information regarding
the Work to be performed, identify the reaches of the work and include a general location map
and site map, if applicable. For guidance in developing this Exhibit, please refer to Exhibit A -1.
FUNDING: Identify MARA, local, state and/or federal funding for each Phase of Work. Delete
those Phase which are not part of this Agreement.
PHASE MARA Fund LOCAL TOTAL
CONSTRUCTION $2,000,000 $3,215,156 $5,215,156
TOTAL $2,000,000 $3,215,156 $5,215,156
TIMETABLE: Provide at a minimum the beginning and ending dates for each phase of work
including major milestones within a phase.
CONSTRUCTION:
Start: September 22, 2008 Finish: May 1, 2009
•
Exhibit "A"
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EXHIBIT "A -1"
GUIDANCE for COMPLETION OF EXHIBIT A
The following list identifies items generally eligible or ineligible for MARA Funding
reimbursement.
•
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
• 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
Exhibit "A-1"
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EXHIBIT "B"
"PROJECT" DESCRIPTION, FUNDING AND MILESTONES
PROJECT DESCRIPTION: Detail the full Project including the work identified in Exhibit A
of this Agreement. The Project description should be consistent with the local jurisdiction's
Project Nomination Form originally submitted in response to RCTC's Call for Projects. Provide
specific information regarding the Work to be performed, identify the reaches of the work and
include a general location map and site map.
FUNDING: Identify MARA, local, state and/or federal funding for each Phase of Work.
PHASE MARA Funds LOCAL TOTAL
PA &ED $0 $45,000 $45,000
PS &E $0 $90,000 $90,000
RIGHT OF WAY $0 $0 $0
CONSTRUCTION $2,000,000 $3,215,156 $5,215,156
TOTAL $2,000,000 $3,350,156 $5,350,156
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: Completed Finish: Completed
PS &E:
Start: Completed Finish: Completed
Right -of -Way:
Start: N/A Finish: N/A
CONSTRUCTION:
Start: September 2008 Finish: May 2009
Exhibit `B"
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EXHIBIT "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. Monthly
progress reports shall include the activities completed during the current work period, any
current or potential problems encountered and corrective action taken, and the work planned
for the following work period. 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
Exhibit "C"
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Invoice No.
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
theWork; (ii) the City has executed a Release and Certificate of Final Payment; and (iii) the
City has provided copies of each such Release to RCTC.
Exhibit "C"
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EXHIBIT "C -1"
ELEMENTS OF COMPENSATION
For the satisfactory performance and completion of the Work under this Agreement, City
will pay the Consultant compensation as set forth herein. The total compensation for this service
shall not exceed ( INSERT WRITTEN DOLLAR AMOUNT ) ($ INSERT
NUMERICAL DOLLAR AMOUNT ) without written approval of City's City Engineer ( "Total
Compensation ").
1. ELEMENTS OF COMPENSATION.
Compensation for the Work will be comprised of the following elements: 1.1 Direct Labor
Costs; 1.2 Fixed Fee; and 1.3 Additional Direct Costs.
1.1 DIRECT LABOR COSTS.
Direct Labor costs shall be paid in an amount equal to the product of the Direct
Salary Costs and the Multiplier which are defined as follows:
1.1.1 DIRECT SALARY COSTS
Direct Salary Costs are the base salaries and wages actually paid to the
Consultant's personnel directly engaged in performance of the Work under
the Agreement. (The range of hourly rates paid to the Consultant's personnel
appears in Section 2 below.)
1.1.2 MULTIPLIER
The Multiplier to be applied to the Direct Salary Costs to determine the
Direct Labor Costs is , and is the sum of the following
components:
1.1.2.1 Direct Salary Costs
1.1.2.2 Payroll Additives
The Decimal Ratio of Payroll Additives to Direct Salary Costs. Payroll Additives
include all employee benefits, allowances for vacation, sick leave, and
holidays, and company portion of employee insurance and social and
retirement benefits, all federal and state payroll taxes, premiums for insurance
which are measured by payroll costs, and other contributions and benefits
imposed by applicable laws and regulations.
Exhibit "C -1"
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1.1.2.3 Overhead Costs
The Decimal ratio of Allowable Overhead Costs to the Consultant Firm's
Total Direct Salary Costs. Allowable Overhead Costs include general,
administrative and overhead costs of maintaining and operating established
offices, and consistent with established firm policies, and as defined in the
Federal Acquisitions Regulations, Part 31.2.
Total Multiplier
(sum of 1.1.2.1, 1.1.2.2, and 1.1.2.3)
1.2 FIXED FEE.
1.2.1 The fixed fee is$
1.2.2 A pro -rata share of the Fixed Fee shall be applied to the total Direct Labor Costs
expended for services each month, and shall be included on each monthly invoice.
1.3 ADDITIONAL DIRECT COSTS.
Additional Direct Costs directly identifiable to the performance of the services of this
Agreement shall be reimbursed at the rates below, or at actual invoiced cost.
Rates for identified Additional Direct Costs are as follows:
ITEM REIMBURSEMENT RATE
[ insert charges 1
Per Diem $ /day
Car mileage $ /mile
Travel $ /trip
Computer Charges $ /hour
Photocopies $ /copy
Blueline $ /sheet
LD Telephone $ /call
Fax $ /sheet
Photographs $ /sheet
Travel by air and travel in excess of 100 miles from the Consultant's office nearest to City's
office must have City's prior written approval to be reimbursed under this Agreement.
Exhibit "C -1 "
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2. DIRECT SALARY RATES
Direct Salary Rates, which are the range of hourly rates to be used in determining Direct
Salary Costs in Section 1.1.1 above, are given below and are subject to the following:
2.1 Direct Salary Rates shall be applicable to both straight time and overtime work,
unless payment of a premium for overtime work is required by law, regulation or
craft agreement, or is otherwise specified in this Agreement. In such event, the
premium portion of Direct Salary Costs will not be subject to the Multiplier defined
in Paragraph 1.1.2 above.
2.2 Direct Salary Rates shown herein are in effect for one year following the effective
date of the Agreement. Thereafter, they may be adjusted annually to reflect the
Consultant's adjustments to individual compensation. The Consultant shall notify
City in writing prior to a change in the range of rates included herein, and prior to
each subsequent change.
POSITION OR CLASSIFICATION RANGE OF HOURLY RATES
[ sample J
Principal $ .00 - $ .00/hour
Project Manager $ .00 - $ .00 /hour
Sr. Engineer/Planner $ .00 - $ .00/hour
Project Engineer/Planner $ .00 - $ .00/hour
Assoc. Engineer /Planner $ .00 - $ .00 /hour
Technician $ .00 - $ .00/hour
Drafter /CADD Operator $ .00 - $ .00/hour
Word Processor $ .00 - $ .00/hour
2.3 The above rates are for the Consultant only. All rates for subconsultants to the
Consultant will be in accordance with the Consultant's cost proposal.
3. INVOICING.
3.1 Each month the Consultant shall submit an invoice for Work performed during the
preceding month. The original invoice shall be submitted to City's City Engineer
with two (2) copies to City's Project Coordinator.
3.2 Charges shall be billed in accordance with the terms and rates included herein, unless
otherwise agreed in writing by City's Representative.
Exhibit "C -1"
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3.3 Base Work and Extra Work shall be charged separately, and the charges for each task
and Milestone listed in the Scope of Work, shall be listed separately. The charges for
each individual assigned by the Consultant under this Agreement shall be listed
separately on an attachment to the invoice.
3.4 A charge of $500 or more for any one item of Additional Direct Costs shall be
accompanied by substantiating documentation satisfactory to City such as invoices,
telephone logs, etc.
3.5 Each copy of each invoice shall be accompanied by a Monthly Progress Report and
spreadsheets showing hours expended by task for each month and total project to
date.
3.6 Each invoice shall indicate payments to DBE subconsultants or supplies by dollar
amount and as a percentage of the total invoice.
3.7 Each invoice shall include a certification signed by the Consultant's Representative or
an officer of the firm which reads as follows:
I hereby certify that the hours and salary rates charged in this invoice
are the actual hours and rates worked and paid to the employees
listed.
Signed
Title
Date
Invoice No.
4. PAYMENT
4.1 City shall pay the Consultant within four to six weeks after receipt by City of an
original invoice. Should City contest any portion of an invoice, that portion shall be
held for resolution, without interest, but the uncontested balance shall be paid.
The final payment for Work under this Agreement will be made only after the Consultant has
executed a Release and Certificate of Final Payment.
Exhibit "C -1"
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•
EXHIBIT "C -2"
Sample Cover Letter to RCTC
Date
Ms. Anne Mayer
Executive Director
Riverside County Transportation Commission
4080 Lemon Street, 3rd Floor
Riverside, CA 92501
ATTN: Accounts Payable
Re: Project Title - Invoice #
Enclosed for your review and payment approval is the City of Lake Elsinore's invoice for
professional and technical services that was rendered by our contractors in connection with the 2002
Measure A Regional Arterial Funding per Agreement No. effective (Month/Day/Year).
The required support documentation received from each contractor is included as backup to the
invoice.
Invoice period covered is from Month/Date/Year to Month/Date/Year.
Total Authorized Agreement Amount: $0,000,000.00
Total Invoiced to Date: $0,000,000.00
Total Previously Invoiced: $0,000,000.00
Balance Remaining: $0,000,000.00
Amount due this Invoice: $0,000,000.00
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked
and paid to the contractors listed.
By:
Name
Title
cc:
Exhibit "C -2"
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EXHIBIT "C -3"
Sample Letter from Contractor to City /County
Month/Date/Year
Attn: Accounts Payable Invoice #
For [type of services] rendered by [contractor name] in connection with [name of project] This is
per agreement No. XX- XX -XXX effective Month/Date/Year.
Invoice period covered is from Month/Date/Year to Month/Date/Year.
Total Base Contract Amount: $000,000.00
Authorized Extra Work (if Applicable) $000,000.00
TOTAL AUTHORIZED CONTRACT AMOUNT: $000,000.00
Total Invoice to Date: $000,000.00
Total Previously Billed: $000,000.00
Balance Remaining: $000,000.00
Amount Due this Invoice: $000,000.00
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked
and paid to the employees listed,
By:
Name
Title
Exhibit "C -3"
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