HomeMy WebLinkAbout2012-03-27 City Council Agenda Item No. 15TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: PAT KILROY
INTERIM CITY MANAGER
DATE: MARCH 27, 2012
SWBJECT: RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AGREEMENT FOR 1-15/RAILROAD CANYON ROAD
INTERCHANGE IMPROVEMENT PROJECT, AMENDMENT NO.
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, 2010, the City Council approved an agreement with
Riverside County Transportation Commission (RCTC) to fund the PA&ED phase of this
project in the amount of $1,000,000. Subsequently, at their regular meeting on May 24,
2011, the City Council directed staff to amend the original agreement to provide for
reimbursement for RCTC staff for their assistance in completion of the environmental
phase of the project.
Since the RCTC approval of Amendment 1 to the TUMF Funding Agreement for I-
15/Railroad Canyon Road Interchange Improvement Agreement, the Project Design Team
(PDT) has been diligently working through the Caltrans and the Federal Highway
Administration (FHWA) approval process. After a meeting with Caltrans and FHWA earlier
this year, requirements were imposed to provide additional studies for the project to be
approved. RCTC provided staff with a $74,000 cost increase to accomplish the necessary
studies and complete the PA&ED portion of the project.
The following is a summary of the studies and updates being requested, a narrative with
additional detail is included in the attachments:
Additional modeling of vehicle miles traveled
Supplemental CO2 analysis
Revised Initial Study
Supplemental Traffic Impact Analysis
Supplement to the Life Cycle Cost Analysis
Modification to the Storm Water Data Report
Updated Draft Project Report
Fiscal Impact
Funding for Amendment 2 of the PA&ED agreement of the 1-15/Railroad Canyon Road
Interchange Improvement Project will be re-allocated from the Design phase of the project.
The amount shifted from the Design phase to the Project Approval & Environmental
Document phase will not exceed $74,000. There is no direct cost to the City, however, the
consequence is that the design allocation is reduced from $1,500,000 to $1,426,000.
Recommendations
Staff recommends that the City Council authorize the Mayor to execute Amendment No. 2
to the Agreement for the Funding of TUMF Regional Arterial Improvements (agreement
No. 10-72-016-00) which allows RCTC to transfer $74,000 from TUMF PS&E (design)
phase to the PA&ED (environmental clearance) phase of the project.
Prepared by: Ken Seumalo 60
Director of Public Works
Approved by: Pat Kilroy
Interim City Manager
Attachments: A) Vicinity Map
B) Study Details
C) Amendment No. 2
D) Amendment No. 1
E) Agreement No. 10-72-016-000
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Page 3 of 38
Page 4 of 38
'TICINITY MAP
INTERCHANGE IMPROVEMENTS AT
INTERSTATE 1-15 AND RAILROAD CANYOU Wi
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Environmental Services
1. Supplemental Census Memorandum: As part of the Environmental Approval process,
Caltrans requested that the current 2010 Census data be incorporated into the
Environmental Document. Therefore, Caltrans has requested that a supplemental
memorandum be prepared incorporating this 2010 Census data. This task includes the
research and preparation of a supplemental census memorandum incorporating the 2010
census data, up to one round of review from Caltrans, finalization of the memorandum and
approval by Caltrans.
2. Supplemental VMT/VHT Modeling: The Caltrans Headquarters Climate Change group
has required capacity increasing projects to provide EMFAC (Emission Factors) modeling
runs to satisfy climate change requirements enacted in 2010. In order to run the EMFAC
modeling, VHT (vehicle hours traveled) and VIVIT (vehicle miles traveled) are required. At
the time that the Traffic Impact Analysis was completed, VHT and VMT were not required
and therefore not conducted for the proposed project as part of the original traffic
modeling. Initially we thought that the traffic modeling data from the 1 -15 /Hi gh Occupancy
Transit (HOT) Lane project could be utilized and modified to obtain the VHT and VIVIT in
order to complete the CO2 modeling for the 1 -15 /Railroad Canyon Road project as quickly
as possible. However, upon further investigation, because the 1 -15 /Railroad Canyon Road
project would construct a new interchange on the 1-15 mainline, the use of the 1- 15/HOT
lane project data would not be accurate. This is because the CO2 modeling will be
conducted for existing, opening year, and horizon year conditions, and the 1 -15 /HOT lane
project would not be constructed prior to 2015 when the 1 -15 /Railroad Canyon Road project
is anticipated to be opened to traffic. In addition, the 1-15 HOT lane project is a regional
project and is not likely to include the 1 -15 /Railroad Canyon Road project's roadway
configurations. Based on the above considerations, LSA recommends that the RivTAM
(Riverside County Transportation Model) model be used to obtain the VIVIT and VHT
information for the 1 -15 /Railroad Canyon Road project area. This task includes the work
effort needed to run the project-specific modeling in order to obtain VIVIT and VHT results
for the existing year, opening year, and future year scenarios with and without the I-
15/Railroad Canyon Road project based on the phasing provided in the Supplemental
Traffic Memorandum dated June 30, 2011. The VIVIT and VHT results would then be taken
and applied to the EMFAC modeling needed to run the CO2 analysis for the 1 -15 /Railroad
Canyon Road project.
3. Supplemental CO2 Modeling Analysis: An Air Quality Report (AQR) was prepared in
December 2009 with Caltrans approving the AQR in April 2010. At the time that the AQR
was prepared and approved, the inclusion of regional emission calculations using EMFAC
modeling was not required. Between the approval of the AQR (April 2010) and the
submittal of the 1 st Administrative Draft IS/EA (August 2011), the Caltrans Headquarters
Climate Change group has required capacity increasing projects to provide EMFAC
modeling runs to satisfy climate change requirements enacted in 2010. Caltrans has
requested that a supplemental CO2 modeling analysis utilizing the EMFAC modeling be
prepared. Therefore, this task includes the research and preparation of a supplemental
CO2 Modeling Analysis, up to one round of review from Caltrans, finalization of the
analysis by LSA, and approval by Caltrans.
4. Revise Draft IS/EA Climate Change Section: As part of preparing the CO2 Modeling
Analysis, the climate change section of the Draft IS/EA (Initial Study/Environmental
Assessment) consistent will have to be updated with the results of the Supplemental CO2
Modeling Analysis in Task 2. This task anticipates that the revisions of the climate change
section of the Draft IS/EA would occur concurrently with revisions to the rest of the Draft
IS/EA in order to minimize schedule delay.,
Engineering Services
1. New Connection Report (NCR)
Conceptual Signage Plans (Alternative 2 and 3): As part of the NCR submittal Caltrans
and the Federal Highway Administration (FHWA) required Conceptual Signage Plans as
part of the NCR approval process.
Incorporation of Supplemental Traffic Impact Analysis (STIA) for Phase 1 Project
Failure Year: As part of the Federal Highway Administration (FHWA) NCR review, FHWA
requested that a STIA be prepared to determine the Phase 1 Project Failure Year, the
results of the STIA will have to be incorporated into the NCR prior to submittal to FHWA
Headquarters.
2. Supplemental Traffic Impact Analysis (STIA) — Phase I Project Failure Year: As part
of FHWA NCR review, FHWA requested that a STIA be prepared to determine the level of
service (LOS) failure year for the Phase 1 Project. The STIA will include Volume
Development and LOS for intersections, merge-weave, ramp merge-diverge, freeway
mainline.
3. Life Cycle Cost Analysis (LCCA) — Justification Memorandum to Exempt Auxiliary
Lanes: As part of the LCCA process, Caltrans requested that a Justification Memorandum
be prepared to Exempt Auxiliary Lanes, Acceleration Lanes, -and deceleration lanes from
the LCCA.
4. Storm Water Data Report (SWDR) — PA/ED — Elimination/Reduction of Water Quality
Basin: As part of the re-approval of the SWDR-PA/ED, Caltrans requested the
elimination/reduction of the number of Water Quality Basins, thereby, requiring major
revisions to the previously approved SWDR-PA/ED including recalculation of the water
quality volume and revisions to the Best Management Practice Maps.
5. Draft Project Report (DPR) — Update Traffic Accident Data and Analysis and Phase I
Project Failure Year: As part of the DPR process, Caltrans requested that the existing
accident data in the DPR be updated to the most current 3-year period. In addition, as part
of the NCR review process, FHWA requested a failure year for Phase 1 Project
improvements which must be included in the DPR.
*NVI ]I i
i 1 91
AMENDMENT NO. 2
TO
AGREEMENT FOR THE FUNDING OF TUMF REGIONAL ARTERIAL IMPROVEMENTS
WITH THE CITY OF LAKE ELSINORE FOR THE RAILROAD CANYON ROAD • 1-15
IMPROVEMENTS
This Amendment No. 2 to Agreement No. 10-72-016-00 is made and entered
into as of this 27th day of March, 2012, by and between the RIVERSIDE COUNTY
TRANSPORTATION COMMISSION ("Commission") and the CITY OF LAKE ELSINORE
( "City" )
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 Commission and the City entered into Amendment No. 1 to the
Master Agreement, dated June 6, 2011. to increase the Funding
Amount, as set forth in the Master Agreement, to identify work to be
completed by the Commission to complete the PA&ED work for the
Project, and to allow the Commission to reimburse itself for all incurred
costs associated with the project.
2.3 The parties now desire to amend the Master Agreement in order to
increase the Funding Amount, set forth in Section 3.2 of the Master
Agreement and as amended by Amendment No . 1, in response to higher
than anticipated costs to complete the PA&ED Phase of work for the
project
E
I
2.4 Pursuant to Section 3.2.3 of the Master Agreement, the Executive
Director of the Commission has the authority to approve this increase in
the Funding Amount.
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 The Funding Amount, as set forth in Section 3.2 of the Master
Agreement and as amended by Amendment No. 1, shall be increased
from One Million Two Hundred and Six Thousand Dollars{ $1,206,000) to
One Million Two Hundred and Eighty Thousand Dollars ($1,280,000) to
reflect the addition of funding for the PA&ED phase of work for the
project. The not to exceed amount for the Commission to reimburse itself
for eligible Work expenses is hereby increased from Two Hundred Fifty
Eight Thousand Dollars ($258,000) to Three Hundred Thirty Two
Thousand Dollars ($332,000). The City acknowledges and agrees that
the Funding Amount may be less than the actual cost of the Work, and
that the Commission 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. This increase in funding will be deducted
from funds identified in a future year for PS&E (design) work in the
Commission's approved TUMF Regional Arterial Program.
3.3 The Project shall be completed by February 2013.
3.4 Except as amended by this Amendment No. 2, all provisions of the
Master Agreement and all previous Amendments, 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.
11 q� qiiiiq� 11, 11 1
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SIGNATURE PAGE
TO
IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the
date first herein above written.
RIVERSIDE COUNTY CITY OF LAKE ELSINORE
F ?4NSPORTATION COMMISSION
Anne Mayer
Executive Director
Best, Best & Krieger LLP
General Counsel
3
Brian Tisdale
Mayor
Barbara Liebold
City Attorney
Page 13 of 38
1041 of I I IsO V NUAN
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.
118010310
PHASE
UIIF
LOCAL
TOTAL
PA&ED
$1,280,000
$0
$152801000
TOTAL
$11280,000
N/A
$15280,000
TIMETABLE:
PA&ED Start January, 2009 Complete February, 2013
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Page 15 of 38
Agree Ment No. 10.w72-016=01
ME 1 DMENT NO, 1
TO
AGREEMENT FOR THE FUNDING OF TUMF REGIONAL ARTERIAL
_MPROVEMENTS WITH THE CITY. OF LAKE O . E FOR THE RAILROAIX_
r .
CANYON ROAD @ 11*15 IMPROVEMENTS
PARTIES AND DATE
This Amendment No. I to Agreement No. 10-72-016-00. is made and entered into -as. -
of this day of 2011,. by and between the RIVER -IQF COUNTY
TRANSPORTATION COMMISSION ("Commission") and the CITY OF LAKE ELSINORE
r•
2. RECITALS
2.1 The Commission and the City have entered into an agreement entitled
"Agreement for the Funding of TUFF 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 workV
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 profes sional 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
FONT-MM. FTM
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2.4 In oftler for the Commission to assist the City with cornpletio n- of the PA&ED
for the Project, including, but not limited to, the remainina- PA&ED services to,
be completed- under the Professional Services Agreement, the parties
fudher 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 here'in.'
2.5 The Commission is sometimes referred to in the Master Agreement as
"RCTC O-"
94 Z4
3.1 The Recitals set forth above are true and correct and are incorporated into
this Amdndment by this reference, as though fully- set forth herein.
12 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
acknowledg6s and agrees that th4 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 Ma'ximum
TUMF share for the phase/project identified ' in the most
recently approved Nexus Study,
1.3 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
M
Page 17 of 38
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 thi's
Amendment No
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 ROTC's -costs associated with managing the consultant, SC
Engineering ("Consultant") under the Pirofs'sional Services
Agreement, coordination. with Caltrans, FHWA and other
s
agencies as required for the Project, and reimbursement by
ROTC of. the Consultant for ' services performed by the
Consultant as directed by RCTC under the Professional
Service's 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 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.
17336.01200\5950807.1 3
Page 18 • 38
SIGNATUREPAGE
TO
AGREEMENT NO. 19;-7ZO16*01
IN WITNESS WHEREOF, the parties .her eto- have executed the Agreement No. 10-
7Z-01 6-01 on the date. first herein above written.
RIVERSIDE COUNTY CITY OF LAKE ELSINORE
TRANSPORTATION COMMISSION
By: By:
Gregory S. Pettis Amy Bhufta
Chair Mayor
APPROVED AS T APPROVED AS TO FORM:
B Y:
Bill
Genil
17336.01200\5950807.1
V
El
V:
•
Barbara Lieboli
City Attorney
Page 19 of 38
M
EXHIBIT "All
SCOPE OF WORK
FUNDING AND TIMETABLE
SCOPE. OF WORK: The PA&E.13 Phrase of work (Preliminary Engineering and
Environmental Clearance) for the reconstruction of the Railroad Canyon Rd @ 1-15
Interchange,,
Pill
PN
► 1 1206,000
1 j 20• 1 000
1 9206-1 000
$1,206,000
TIMETABLE:
PA&ED Start January, 2009 Complete January, 2012
EX,
17336.01200\5950807.1 HIBIT A
U
Page 20 of 38
- � 4-- --A- -Zi I -M:]-"
a a
Agreement No. 10-72-016-00
AGREEMENT FOR THE NDING OF
TUMFRIEGIONALARTERL4L. 114PROVEMIENTS
TH THE CITY OF EILSINORE FOR THE
Ju
RAELROAD . CANY ON ROAD @ 1-15 1WROVEMENTS RCTC PROJECT 5104-
1. Parties -and Date.
Zk- A010
1.1 This Agreement is 'executed and entered into this da of � by and
between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ( and the City
of Lake Elsinore ("City"). ROTC and City are sometimes collectively referred to herein as the
"Parties".
2. Recitals.
4
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
authoriz' Ing the collection of a one-half percent (1/2%) retail transactions and use tax - too f
transportation programs and hnprovements within the County of Riverside, and adopting the
Riverside County Transportation Improvement flan (the -"Plan'),_
23 The Plan requires clues 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 fin-ther requires that the first . $400 million am revenues from TUMF be made
available to RC rC 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 iii 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 GoVeT =ents -(WRCOG) hay been selected to
inister the overall TUNT-Program pursuant to applicable state laws including Government Code
Sections 66000 et seq. a-ad 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-program, mig'_
2.6 RCTC. issued to the cities and the County a all for Projects" to be funded VVI
TUNF Re onal funds, and in response to the P 'ect Nomination Forms took action -on September
gi r0i
V., 2004 to adopt a five year TUM[F Regional Arterial Program which identifies the ects and the
Proi
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RV1?UB\PM01\7669%-2
Page 22 of 38
M. ding commitments awarded for specific phases of work. RCTC's TUMEF Regional
Arterial Program -may be updated from time to time.
2.7 RCTC intends, by this Agreement,, to distribute TUNF Regional Funds, subject to- the
conditions provided here and to participate "in the joint development of the Project, as defined
intended to distribute TUMF Regional
3.1 Description of ]York.. This- Agreement is. intended
Funds. to the City for ftHroad Canyon Rd. @ 1-15 Improve nren.t Project PA&ED phase of
work, -C the Work"). The Work, including a timetable. and a detailed scope of work, is more fiffly
described M* Exhibit "X' attached hereto and, pursuant to'Section 3.15 below, is subject to
-mocation as requested by the City and approved by RCTC. The Work shall be consistent with
one or more of the defined ROTC .Cali for Projects phases detailed herein as follows.
41) PA&ED — Project Approvals & Environmental Document
2) PS&E — Plans, Specifications and �s ates
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 C"the Project") and as approved by the RCTC on
September 8, 2004. The Project is more fully described *in Exhibit 'S"- attached hereto. It is
�nderstood and agreed that the City shall expend TU Regional Fund's 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 Amounl. RCTC hereby agrees to distribute to the. City, on the terms
and conditions set forth herein, a stun not to exceed One Mlfion Dollars to be used
exclusively for reimbursing the City for eligible Work expenses as described herein C ". undi ng
Amount"). The City acknowledges and agrees that the-Funding Amount may be less than the actual
cost of the Work, and that RCTC s not contribute TLJW Regional Funds in excess of the
maxnnum TUMF share for the phase /project identified in Appendix F of the TUMF Nexus Study.
3.2.1 E1ig1*bleWork Costs. The total Work costs C Total. Work Cost") may include
the following items, provided 'that such items are included M* the scope of work attached as Exhibit
"A (1) City and/or consultant costs associated with direct Work'coorlinatioh and support;*, (2)
Winds emended i p reparation ofprelmary studies; (3) funds eiqnpnded for preparation
of environmental review documentation for the Work; (4) all costs associated with right-of-way
acquisition, including right -oaf -way engineering, appraisal, acquisition, legal costs for condemnation
procedures if authorized by the City, and costs of reviewing * appraisals ajid offers for 'property
- (6) cosh incurred in -the
acquisition; (5) cost's reasonably Mcurred ff proceeds;
-preparation of plans,* specifications, and estimates by City or consultants; (7) City costs associated
with -bidding, adverusmg -and- awarding of the Work contracts; (8) -construction costs, including
2
RVPUB\PCH0A7669%.2
Page 23 of 38
change orders to construction contract approved by the City; and (9) construction anag *,-meat, field
inspection and material testing costs.
3.2.1.1 N-At-of Way, Acquisition. The Parties acknowledge that in order to
v
-protect the City's ability to aw a iver the Project -in a time IV cost effective r, the City may
vurch"e, parce Is property
in advance of the final. of the Project's design, (PS&E). The
of
Parties acknowledge that acquired-parcels or remnants purchased in advance of final design may not
A
ultimately be required for the Project. Upon completion of the Project's final design, the City shall
01
provide- RCTC with a detailed list of all parcels purchased by the City for which it received ved TUMF
Regidnal Fu As pursuant to. Agreement. The shall identify any parcels. els . or remnants thereof
"which were acquired us 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 follo wing the r of the Certificated of Completion for the Project.
3.2.1.2 Valuation and Rea =,e._nt_afAuRr_o Remnants. Upon receipt
of the City's final list, RCTC shall meet with the City for the. purpose of ideadng any parcel 'or
reasonably usable re int .of a parcel for which TUW 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 deftition set forth in Code of Civil Procedure Section 1263.320 and
"remnant." shad have the demotion set forth in Code of Civil Procedure Section 1240.410. Not
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 Rei bursement for Unused Parcels. Following recordation of the
Certificate of Completion for the Project, the City shall be responsible for promptly reimbursing
RC_ TC_ for -any TUMF Regignal 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.
3.21.4 Appeal to Commission.- In the event of a disagreement between the -
Parties regarding the reimbursement of TUMF Regionat 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 nelaig ie 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 process I 0 - n of the Work; and (4) expenses for items of work not included w the
g
,scope of work in Exhibit
0
RWUB\W xOr\7669%.2
Page 24 of 38
In work Fund . -The Funding Amount may, in RCTC's sole
3.2.3 Increases jA&
discretion, be -augmented with additional TUMIF Regional Fund's if the TUMIF Nexus Study is
*14 V
amended to increase the a imum eligible TUW 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 TUMIF Regional Funds allocated to the City exceed. the then-current max 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- RCFC's Executive Director.
3.2.4 kLo Fundiniz for 1pMporM Improvements. Only segments or components of
the Work � that are intended to form part of or be integrated -into the Work may be ended ,by TUMF
Regional Funds.. No improvement which is temporary in nature, *including but not limited to
temporary roads, curbs, or dr facilities, shO be funded with TUMF Regional Funds except as
needed for staged construction of the Work.
3.3 fit y S. Fungi Obli gation- to the Wo rk.
..CqIn fete In the event that the TUMF
--VL.-- ,
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 "W'..
old -1010
32.4 Work Respgnswilities of the C The City shall be responsible for the follo •
WM9
aspects of the Work, m compliance with state and federal law provided that such items are included
I
in the Project scope of work attached as Exhibit ".A". . (i) development and approval of plans,
specifications and engineer's estimate (PS&E), envu'onmental clearance, right of way acquisition,,
and ob g all permits required by impacted agencies prior to co: 11, 11 c emeiit of the Work; (ii:) all
aspects of bidding, awarding., and administration -of th6 contracts for the Work; -(iii) all construction
of any construction activities undertaken in connection with the Work, including survey
and material test and (hr) 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 - Ter
,MLNotice of pietion. The term of this Agreement shall be from the date first
herem' above written until: (i) the date RCT C formally accepts the Work as complete,. pursuant to
Section 3.2.3; (iii) termination of this Agreement pursuaint, to Section 3.9; or (iii} the City has fully
satin d its obligations under this Agreement, (Note: If this Agreement is for Phase 1, work do not
include the following text) 4"including full repayment of TUMF Regional Funds to ROTC as
provided hereW'. All applicable in le niTication provisions of this Agreement shaft re in effect
following the termination of this Agreement.
3.6 Revreseiatatives of the _P ies. RCTCIs Executive Director, or his or her designee,
shall serve as RCTCs 'representative and shall hav-e the. authority to act on behalf of ROTC 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 ROTC.. 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
4
RWU3TMOA7669%.2
Page 25 of 38
fully with RCTC's representative and any other agencies which may have jurisdiction over or an
interest- "in the Work.
3.7, nditure of Funds by Cijy P nor to In
no Execution. of ent. Nothing this
Agreement- shall be construed to prevent or preclude the, City from expending funds on the or
prior to the execution of the Agreement, or from being reimbursed by RCTC for such expenditures.
However, the City understands and acknowledizes 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 affow - RCTCs Representative to inspect or
review the progress of the- Work at any reasonable time in order to deter - min whether the terms of
this Agreement are being met.
3.9' Termination. This Agreement may be terminated for cause or convenience as fin-ther
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 bv 9IVM9 * * thirty (30) days
written notice to the -other party of such termination and specit jz -the effective date thereof.
yMg
0
3.9,1.2 Effect of Te " __ 4' n for Convenience. In the event that the City
terminates this Agreement for convenience, the City shall, within 180 days, repay to RCTC in 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
T 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. exercm 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 term 'mate 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 Either RCTC or the City may, by written notice to the other
party, terminate this Agreement, n whole or in part, in response to a material rareach hereof by the
other party, by giving written notice to 'the other party of such termination and specifying the
effective date - thereof. The Witten notice shall provide a'30- day period to cure any alleged breach.
During the 30 day cure period, the Parties shall di in good faith, the manner in which the
breach can be cured.
3.9.2.2 Effect of- ennui ton for In the -event that the. City terminates
this Agreement "in. response to RCTC's uncured material breach- hereof, RCTC shall, waif 90 days, -
distribute - to the City T Regional Funds in an amount equal to. the aggregate total of all unpaid
R
Page 26 of 38
invoices. which have- been received from the City regarding th6 Work at the time of the notice of
to anon. In the event that RCTC t+er at 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 Ageement. 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 limitdd to conducting -a review of-the invoices and requesting additional
information. TI 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 Prevail* Wafts—, 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 sea,., 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 ' p revaiIing wage
requirements by -a ny 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 claimor liability,
including without limitation attorneys, fees, arismg from its failure or alleged failure to comply with
California labor Code Sections 1770 et.
3.11 Pro=§s Reports. RCTC may request the City to provide RCTC with.progress . reports
concerning the .status of the Work.,
%..r
3.12 Inde mification.
Is a &" , 'a 0
3.12.1 City Responsibilities.' In addition 'to the - D tion 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 04*1 or connected with all
acavities 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 re'asonable attorneys' fees, incurred b'- RCTC
2 - y
in defending against claims ultimitely determined to be due to negligent acts, errors or omissions, or
40
misconduct of 'the City.
3.12,2 RCTC R�.wponsibilities. , 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
41
and construction activities, due to negligent acts. errors or omissions or willM misconduct of R-C`17C
or its sub-consultants. RCTC will reimburse the City for any expenditures, incliadig. reasonable
gains a- d to be due, to
attorneys" fees, incurred by the City, in defending W. imsultimAtelydetermine.
negligent ate, errors or onu*ssions"or wMU- misconduct of RCTC.
3.12.3 Effect, of The City shall be responsible for the professional
quality, technical accuracy and th6 coordination of any services provided to complete the Work.
711
RVI?UWCH01\7669%.2
W,.•- NOW.O.,
i
s review, acceptance or funding of any services performed by the City or any other person •
entity under a reem ent shall not be construed'to ope e g
rat as a waiver of any rihts RCFC m
g a
y
hold under this Agreement or of any cause of action ansing 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 all arsons 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 RCC, . Such insurance shall be
maintained throjighout the term of this Agreement, or until completion of the Work., -whichever
-occurs last.
1.13.1 Commercial General jjk1fliV,..Insurance. Occurrence version commercial
general liability insurance or equivalent form. with a combined single limit of not- less. thin
$1,000,000.00 per ' occurrence. If such insurance contains a geneial aggregate limit, it shall apply
separately to the Work or be no less- than two times the occurrence limit. Such insurance shaft,
. Name RCTC and City, and their 3.13.1,1 eir 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 . .r U Insurance. Business automobile liability
insurance or equivalent f6im 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 Frig essional Uabft isurance. Errors and omissions liability insurance with
a limit of not less than $ 1,000,0.00.00 Professional liability insurance shall only be required pf design
or engineering professionals.
3.13.4 Workers' QgmMnntion.jm Workers' compensation with
u in Urance
1MI -each
statutory limits and employers' liability insurance with limits of not less than $1,0M,M0-00
accident.
3.14 Procedures for Distribution of TLWF Re Tonal Funds to 013L.
3.14.1 Initial Payment by the The City shall be responsible for fintial payment
of all the Work costs as they are incurred. Following payment- of such Work costs, the City shall
7
RVI?UB\PCH0I\766996.2
Page 28 of 38
submit mvoices to RCTC requesting reimbursement of eligible Work costs. Each mvoice 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 #• ii; The City
shall submit invoices not more often than monthly and not less often than quarterly.
3.14.2 'Review md Reimbursement -by-ROV.; 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 wit 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 d pate. If the
isp
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 Directorf. The City may
appeal the decisiQ1ft of the Executive Director to the full RCTC Board, the decision of which shall be
final. Additional. details conce M9 in the procedure for the City's submittal of invoices to RCTC and
M
RCTC's consideration and payment of submitted invoices are set forth 'in Exhibit "C ", .attached
hereto.
3.14.3 Fun - oun -diustment., If a post Work audit or review indicates that
&9 AM -1-A
RCTC has provided reimbursement- to the City in an amount in excess of the 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 orineligible 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 M* the sole discretion of RCTC's Representative, Nothing in this Agreement shall be
construed to requ ire or allow completion of the Work without fall compliance with the- California
Environmental * Quality Act (POlic Resoure-es Code Section 21000 et seq.; "CEOX) -and the
National Environmental Policy Act of 1969 (42 USC 4231 et seq.), but the necessity of c6pipliance
with CEQA and NEPA shall not justify, excuse, or permit a delay in completion of the Work.
Conf lie, F
3.16 or the term of this Agreement, no member, officer
AptInteres or en
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 an"sin therefrom.
Mg
3.17 limited Scale 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 j ob site: In addition, RCIFC shall not be liable for any action of City or
its contractors relating to the conde ation of property undertaken by- City or construction related to
the Work.
1.1611
RVI?UB\PMOT\766"6.2
Page 29 •
3.18 Booms Reco Each party shall maintain complete, accurate, and clearly
identifiable records with respect topostsi. 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 ovid6ncing or rel aced � to, the expenditures and di bursements charged to the .other -arty
pursuant to this disbursements charged, to the other party pursuant to this Agreement.. Further, each
party shall famish to the other party, # off
s agents-or employees such er evidence or information as
they may require with respect to any such expense or. -disbursement charged by them. All such
information shall beretained by the Parties for at least three O) years following termination of
Agreeme:ftt, a4id they shau have. access to such information during the three-year period for the.
purposes of examination or audit.
3.19 Fain _r .a t 1t ame at. 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 on gin, ancestry, sex o 0 a .r age. Such non-dis shall
include, but not be liMiited to all activities related to initial employment, upgrading, demotion,
transfer, recruitment or recruitment advertising, layoff or termination,,
3.20 Governing U_w ; This Agreement shall be governed by and construed with the laws of
the State of Califo
3.21 Attome sees. If either vartv comm nces an action e other vartv arising
ev against
-out of or m` 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 ' ' *0 * i of -this
every '
3.23 Head
,jW. Article and Section Headings, paragraph captions or marginal headings
0
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 com. nications regarding interpretation of
IL
the terms of the-Agreement or changes thereto shall be provided* b* the mailing thereof by registered
Y
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
RV.)?UWCH0Y\766"6.2
RCTC
Riverside County Transportation Co f # t l 011
4080 I&mon, 3rd Floor
Mailing address: P.O. Box 12008
Riverside,, CA 92501
ATTN: ftecutive Director
9
Page 30 of 38
Any notice so. given shall be considered served on the other party three (3) -days -after deposill
in the U.S. mail, first class postage. aid re- turn receipt requested and addressed- to the partyat its
prep
,appl icable address. Actual notice shall be deemed adequate notice on the date actual notice occurred
regardless -of the method Of service.
3.25 Conft i bn Provisions. In the event that provisions of any attached appendices or
exhibits conflict in any way wit u. 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 Am In the event that the Parties d 6termine that the provisions of
this Agreement -should be altered, the Parties may execute a contract amendment to add any
provision to Agireement, or- delete or amend any provision of this Agreement. Ali such contract
amendments must be in the form of. a written *instrument signed by the on 'al signatories to this
Agreement, or their successors or designees.
327 Entire Aereement. This Agreement constitutes the entire agreement between- the
Parties relating to* the subject matter hereof and supersedes -any previous agreements or
undersgs
3.28 Validi1y af nt. The invalidity *in whole or in part of any prov.1sion of this
Agreement shall not void or affect the validity of any other provision .of this Agreement.
3.29 Inder.pendent Contractors. Any person or entities retained by the City or anycontractor
shall be - retained on' an' independent contractor basis and shy n m riot be en of RCTC. Any
personnel perfong services on the Work shall at all times. be under the exclusive direction and
control of the City. applicable. The City _or contractor- shall pay all- wages,
salaries and other amounts due such personnel *in connection with their performance of semces on
the Work and as required by law. 17he'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 m*surance and workers' compensation insurance.
[Signatures on following page]
so
I .11-MA411
Page 31 of 38
SIGNATURE 'AGE
T
AGREEMENT OR TBE FUNDINIG OF
1 NT REGIONAL ARTERIAL IMPROVEME NTS
NT NO. 10-72-44-!040
11D.E COUNTY Cm- OF ]�ISINORE
TRt&.N PORT O CONMUSSIO 1
mort age'4. �i i
f
Anne Hayed - Eutvre Director
APPROVED AS TO FQRM v
_a
+. +�
•
�efissa A. Melen ez
Maygr
APPROVED AS. TO FORS:
Waibam L` OW
City ,A.ttomey
! 11I #
9
SCOPE OF WORK: The PA &EIS Phase of work (Preln*nm*ary Engineering and Environmental
Clearance) -for the reconstruction of the Railroad Canyon Rd @ 1 15 Interchange, construction of
a new interchange at Franklin. St. @ i -15? ramp -improvements and auxiliary lane construction on
115.
I al izi!1
PHASE
TUMF
LOCAL
TOTAL
PA ED
$11,0002000
$ 0
$13000,000
.PS E
N/A,
N/A
N /A.
RIGHT OF WAY
/A
NIA
N/A
CONSTRUCTION
N/A
N/A
N /A.
TOTAL
$1,000,1000
N/A
$110N.1000
TBWTABLE:
PA&ED Start January, 2009 Complete June, 20 1
Page 33 of 38
WHIT
GUIDANCE for COWLIMON OF ITA
The following list of items generally identified as eligible or ineligible for TUM F Regional
Funding reimbursement are consistent With those used to develop the costs for improvements in
the first NEXUS Study prepared by wRCO .
In general, all improvements, with the exception of sideways, must be wig the curbs of the
roadway and extend no further than the curb returns at intersections. In addition, all
improvements on or connecting to i
I
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 1 -15 between Railroad
Canyon Road and Franklin St.
gar
Complete-,
it w
Y
a ♦
fY
ti
$1
June, 2011
FY
4)
$1500000 III
1
a
{i
RIGHT OF WAY
i
$570000,000
CONSTRUCTION
$7,0200,000
$44,1800,000
(
$13,50%000
41j. Of off
t
M LESTON — provide a list of Phases and milestones for completion of the improvements
and estirnated dates when each is expected to be accomplished.
PA&ED Start: January, 2009
Complete-,
June, 2010
P S E Start: March, 2010
Complete:
September, 2011
R/W Start: March, 2010
Complete:
June, 2011
Construction Start: January, 2012
Complete:
January 2014
Page of i
EXHIBIT "Cl
PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES
1. RCTC recommends that the City incorporate Exhibit "C -1" into its contracts with any
Y
subcontractors to establish a standard method for preparation of invoices by contractors tors to
the City and ultimately to ROTC for reimbursement of City contractor casts.
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 spy to RCTC's Prod ect`oordinatox. each invoice shall be accm sued bv a cover
letter a format substantially similar to that of Exhibit "C -2'
30 Each invoice .shall include documentation from.. each contractor used by the City for the
Work, listing labor costs, subc6ntractor casts, .a 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 sax to that, of Exhibit "C- -3 ".
41D 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 deter as required of contractors pursuant to it "C" and its -
attachments.
50 Charges for each task and mile tone listed in Exhibit "A." shall be listed separately y in the
invoice.
6, Each invoice shall include a certification signed by the City Representative or his or her
designee which reads as follows:
'q hereby cent that the hours and sal rates submitted for reimbursement in � mvoice
are the actual hours and rates worked and paid to the consultants or contractors listed.
Signed
Title
]date
Invoice loo.
IT T)
RVPU'CH0117066.2
Page 36 of 38
' . = RC C
will ► the -City Zvi 30 days. after receipt by the, Commission of an invoice. If
ROTC disputes any portion of An.-invoice, payment for that portion will be withheld without
interest, pending resolution of the- dispute, but the unco.ntested� balance will be, paid.
.80 The final payment under this Agreement will be made, only of ter :(i) the City has obtained a
Release and Certificate of Final Payment from each contractor or consultant used- on
thdWo�r i the City has executed a Release and Certificate of Final Payment; and (iii). the
City has provided copies of each such Release to ROTC.
W * M
R UMPM01\76V996.2
Page 37 of 38
CITY OF
LAKE i,SII`IC3R�E,
DREAM EXTREME
January 20, 201.0
Riverside County Transportation Commission
Aftn: Shirley Gooding
Adr m."nistra-fivue Assistant
PO. Box 12008 0
-5
Riverside, CA 9-2,02
Subject.- Cunt r.act.A
A reeM- -e
nt
Dear Ms. Gooding,
The City Council -of the. City of Lae Elsinore approved the Transmittal of Agreement
No. 1G-72-036,00 for Railroad'. Cm-y-G.n. Road @ 1-15 Interchange Improvements;
between the City of Lake E-1.8in. -ow-bi-A nd. R. CTC at their rn. eaefing on January 12, 2010.
I have enclosed- four on-i-gin-al., Con-tr -act Agreements f u-1-ty executed please return one
onginat to my afte-nfion with. the Cart-ificate of Insur.ah.ce. Should you have any
qu&. stions, Please c. afl Me. at (9-5. 1) .677-4-3424, ext. 269.
Enclosure
951.674-3124
130 S. MAIN STREET
LAKE E B-I NORE. CA 92530
WWW. LAKE- ELSINOKE.ORG
Page 38 of 38