HomeMy WebLinkAbout08-25-09 CC Item 10CITY OF
LAI~E ~LSIAQ1ZE
DREAM EXTREME.
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY
CITY MANAGER
DATE: AUGUST 25, 2009
SUBJECT: AGREEMENT TO REIMBURSE TUMF FUNDS FOR ENGINEERING
AND PLANNING COSTS OF TEMESCAL CANYON ROAD BRIDGE
REPLACEMENT
Backqround
The existing two-lane Temescal Canyon Road is designated as a 4-lane, major
roadway. Because of traffic volume and 100-year storm water flows, the bridge must be
replaced with a four lane bridge. The existing two-lane structure needs to be widened
to safely allow four-lanes with shoulders. Staff will be requesting Transportation
Uniform Mitigation Fee (TUMF) Funds for engineering and planning costs. The total
amount the City of Lake Elsinore is requesting is $788,000.
Discussion
In 2009 Western Riverside Council of Government (WRCOG) adopted a 2009, 5-year
Transportation Improvement Program (TIP) that lists the City of Lake Elsinore:
Temescal Canyon Road Bridge as a non-funded expenditure project. However, City
staff have contacted WRCOG staff and asked if we can proceed with engineering and
planning of this project. WRCOG recommended that the City and WRCOG enter into
an agreement to reimburse the $788,000 requested for design, planning, environmental
and right-of-way. The attached agreement formalizes the reimbursement contract
between the City and WRCOG. The agreement has been reviewed by the City
Attorney's office.
Fiscal Impact
All costs for this project are budgeted through the TUMF program.
CC August 25, 2009 Item No. 10
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Agreement To Reimburse TUMF Funds
August 25, 2009
Page 2
Recommendation
Authorize the Mayor to sign an agreement on behalf of the City to receive TUMF
reimbursement.
Prepared by: David S. Solomon V~
Project Engineer
Ken Seumalo 14415'
Director of Public Works
Approved by: Robert A. Brady~
City Manager
Attachments: 1. Reimbursement Agreement
2. Location Map
CC August 25, 2009 Item No. 10
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VICINITY MAP
TEMESCAL CANYON ROAD BRIDGE
CITY COUNCIL
CC August 25, 2009 Item No. 10
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TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM
AGREEMENT TO REIMBURSE TUMF FUNDS
THIS AGREEMENT ("AgreemenY') is made and entered into this day of
, 2009, by and between the WESTERN RIVERSIDE COiJNCIL OF
GOVERNMENTS ("WRCOG") and the CTTY OF LAKE ELSINORE (the "CITY"). WRCOG
and the CITY are sometimes collectively referred to herein as the "PARTIES".
RECITALS
A. WRCOG is the Administrator of the Transportation Uniform Mitigation Fee
Program of Western Riverside County ("TUMF Program").
B. WRCOG has identified and designated certain transportation improvement
projects throughout Western Riverside County as projects of regional importance ("Qualifying
Projects" or "Projects"). The Qualifying Projects are more specifically described in that certain
WRCOG study entitled "TUMF Nexus Study", as may be amended from time to time.
C. The TUMF Program is funded by TUMF fees paid by new development in
Western Riverside County (collecrively, "TUMF Program Funds"). TUMF Program Funds are
held in trust by WRCOG far the purpose of funding the Qualifying Projects.
D. The CITY proposes to implement a Qualifying Project, and it is the purpose of
this Ageement to identify the project and to set forth the terms and conditions by which
WRCOG will release TUMF Program Funds.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and subject to the
conditions contained herein, the PARTIES hereby agree as follows:
1. Description of the Qualifyin¢ Project. This Agreement is intended to distribute
TUMF Program Funds to the CTTY for Temescal Canyon Road Bridge Replacement and Road
Widening (the "ProjecY'), a Qualifying Project. A description of the Project, its unplementation
schedule, a detailed scope of work and the CITY's estimated project cost thereof, is more
particularly described in Exhibit "A" attached hereto and, pursuant to Section 19 below, is
subject to modification as requested by the CITY and approved by WRCOG. It is understood and
agreed that the CITY shall expend TUMF Program Funds only as set forth in the Agreement and
only for the Project. To this end, any use of the funds provided pursuant to this Agreement shall
be subject to the review and approval of WRCOG.
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2. WRCOG Funding Amount. WRCOG hereby agrees to distribute to CITY, on the
terms and condirions set forth herein, a sum not to exceed seven hundred eighty eight thousand
dollars ($788,000), to be used for reimbursing the CITY for eligible Project expenses as
described in Section 3 herein ("Funding AmounY'). The PARTIES acknowledge and agree that
the Funding Amount may be less than the actual cost of the Project. Nevertheless, the PARTIES
acknowledge and agree that WRCOG shall not be obligated to contribute TUMF Program Funds
in excess of the maximum TUMF shaze identified in the TUMF Nexus Study ("Maximum
TUMF Share"), as may be amended from time to time.
3. Project Costs Eligible for Advance/Reimbursement. The total Project costs
("Total Project Cost") may include the following items, provided that such items are included in
the scope of work attached hereto as Exhibit "A" ("Scope of Work"): (1) CITY and/or
consultant costs associated with direct Project coordinafion and support; (2) funds expended in
preparation of preliminary engineering studies; (3) fixnds expended for prepazation of
environmental review documentation for the Project; (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 condexnnation proceeds; (6) costs
incurred in the prepazation of plans, specifications, and esfimates by CITY or consuitants; (7)
CITY costs associated with bidding, advertising and awarding of the Project contracts; (8)
construction costs, including change orders to construction contract approved by the CITY; and
(9) construction management, field inspection and material testing costs.
4. Ineligible Project Costs. The Total Project Cost shall not include the following
items which shall be borne solely by the CITY without reimbursement: (1) CITY administrative
costs; (2) CITI' costs amibuted to the preparation of invoices, billings and payments; (3) any
CITY fees attributed to the processing of the Project; and (4) expenses for items of work not
included within the Scope of Work in Eachibit "A".
5. Procedures for Distribution of TUMF Program Funds to CITY.
(a) Initial Pavment by the CITY. The CITY shall be responsible for inirial
payment of all the Project costs as they are incurred. Following payment of such Project costs,
the C1TY shall submit invoices to WRCOG requesting reimbursement of eligible Project 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. Documents evidencing the CITY'S payment of the invoices shall be
retained for fow (4) years and shall be made auailable for review by WRCOG. The CITY shall
submit invoices not more often than monthly and not less often than quarterly.
(b) Review and Reimbursement bv WRCOG. Upon receipt of an invoice
from the CITY, WRCOG may request additional docuxnentation or explanation of the Project
costs for which reimbursement is sought. Undisputed amounts shall be paid by WRCOG to the
CITY within thirty (30) days. In the event that WRCOG disputes the eligibility of the CITY for
reimbursement of a11 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 unsuccessfui in resolving the
dispute, the CITY may appeal WRCOG's decision as to the eligibility of one or more invoices to
CC August 25, 2009 Item No. 10
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WRCOG's Executive Director. The WRCOG Executive Director shall provide his/her decision
in writing. If the CITY disagrees with the Executive Director's decision, the CITY may appeal
the decision of the Executive Director to the full WRCOG Executive Committee, provided the
CITY submits its request for appeal to WRCOG within ten (10) days of the Executive Director's
written decision. The decision of the WRCOG Executive Committee shall be final. Additional
details concerning the procedure for the CITY's submittal of invoices to WRCOG and
WRCOG's consideration and payment of submitted invoices are set forth in Exhibit "B",
attached hereto.
(c) Funding AmounUAdjustment. If a post Project audit or review indicates
that WRCOG has provided reimbursement to the CITY in an amount in excess of the Maximum
TUMF Share of the Project, or has provided reimbursement of ineligible Project costs, the CITY
shall reimburse WRCOG for the excess or ineligible payments within 30 days of notification by
WRCOG.
6. Increases in Project Funding. The Funding Amount may, in WRCOG's sole
discretion, be augmented with additional TUMF Program Funds if the TUMF Nexus Study is
amended to increase the maximum eligible TUMF share for the Project. Any such increase in
the Funding Amount must be approved in writing by WRCOG's Executive Director. In no case
shall the amount of TUMF Program Funds allocated to the CITY exceed the then-cunent
maximum eligible TUMF share for the Project. No such increased funding shall be expended to
pay for any Project already completed. For purposes of this Agreement, the Project or any
portion thereof shall be deemed complete upon its acceptance by WRCOG's Executive Director
which shall be communicated to the CITY in writing.
7. No Funding for Temporary Improvements. Only segments or components of the
conshuction that are intended to form part of or be integrated into the Project may be funded by
TUMF Program Funds. No improvement which is temporary in nature, including but not limited
to temporary roads, curbs, tapers or drainage facilities, shall be fixnded with TUMF Program
Funds, except as needed for staged construction of the Project.
8. CITY's Funding Obligation to Complete the Project. In the event that the TLTMF
Program Funds allocated to the Project represent less than the total cost of the Project, the CITY
shall provide such addifional funds as may be required to complete the Project.
9. CITY's ObliQation to Repay TUMF Program Funds to WRCOG. In the event
that: (i) the CITY, for any reason, determines not to proceed with or complete the Project; ar(ii)
the Project is not timely completed, subject to any extension of time granted by WRCOG
pursuant to the terms of this Agreement; the CITY agrees that any TUMF Program Funds that
were distributed to the CITY for the Project shall be repaid in full to WRCOG. The PARTIES
shall enter into good faith negotiations to establish a reasonable repayment schedule and
repayment mechanism.
10. Tenn/Notice of Completion. The term of this Agreement shall be from the date
first herein above written until: (i) the date WRCOG formally accepts the Project as complete,
pursuant to Section 6; (ii) termination of this Agreement pursuant to Secfion 14; or (iii) the CITY
has fully satisfied its obligations under this Agreement. All applicable indemnification provisions
of this Agreement shall remain in effect following the termination of this Agreement.
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11. Renresentatives of the PARTIES. WRCOG's Executive Director or his or her
designee, shall serve as WRCOG's representative and shall have the authority to act on behalf of
WRCOG for all puxposes under this Agreement. The CITY hereby designates Ken Seumalo,
Director of Public Warks, or his or her designee, as the CITY's representative to WRCOG. 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 Project under the CITY's
responsibility. The CITY shall work closely and cooperate fully with WRCOG's representative
and any other agencies which may have jurisdiction over or an interest in the Project.
12. Expenditure of Funds by CITY Prior to Execution of AQreement. Nothing in this
Agreement shall be construed to prevent or preclude the CITY from expending funds on the
Project prior to the execution of the Agreement, ar from being reimbursed by WRCOG for such
expenditures. However, the CITY understands and acknowledges that any expenditure of funds
on the Project prior to the execution of the Agreement is made at the CITY's sole risk, and that
some expenditure by the CITY may not be eligible for reimbursement under this Agreement.
13. Review of Services. The CITY shall allow WRCOG's Representative to inspect
or review the progress of the Project at any reasonable time in order to determine whether the
terms of this Agreement are being met.
14. Termination.
(a) Notice. Either WRCOG or 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 terminarion 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.
(b) Effect of Termination. In the event that the CITY terminates this
Agreement, the CITY shall, within 180 days, repay to WRCOG any unexpended TUMF Program
Funds provided to the CITY under this Agreement and shall complete any portion or segment of
work for the Project for which TUMF Program Funds have been provided. In the event that
WRCOG terminates this Agreement, WRCOG shall, within 90 days, distribute to the CITY
TUMF Program Funds in an amount equal to the aggregate total of all unpaid invoices which
have been received from the CITY regazding the Project at the time of the notice of termination;
provided, however, that WRCOG shall be entifled to exercise its rights under Section 6(b),
including but not limited to conducting a review of the invoices and requesting additional
information. Upon such ternunation, the CITY shall, within 180 days, complete any portion or
segment of work for the Project for which TUMF Program Funds have been provided. This
Agreement shall terminate upon receipt by the non-terminating Party of the amounts due it
hereunder and upon completion of the segxnent or portion of Project work for which TUMF
Program Funds have been provided.
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(c) 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.
15. Prevailine Waees. The CITY and any other person or entity hired to perform
services on the Project are alerted to the requirements of California Labor Code Sections 1770 et
sec 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 Project.
The CITY shall defend, indemnify, and hold harmless WRCOG, 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
se~.
16. ProPress Reports. WRCOG may request the CITY to provide WRCOG with
progress reports concerning the status of the Project.
17. Indemnification.
(a) CITY Responsibilities. In addition to the indemnification required under
Section 15, the CITY agrees to indemnify and hold harmless WRCOG, its officers, agents,
consultants, and employees from any and all claims, demands, costs or liability arising from or
connected with all activities governed by this Agreement including all design and construction
activities, due to negligent acts, errors or omissions or willful misconduct of the CTTY or its
subcontractors. The CITY will reimburse WRCOG for any expenditure, including reasonable
attorneys' fees, incurred by WRCOG, in defending against claims ultimately deterxnined to be
due to negligent acts, enors or omissions or willful misconduct of the CITY.
(b) WRCOG Resnonsibilities. WRCOG agrees to indemnify and hold
harmless the CTI'Y, 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 consriuction activities, due to negligent acts, errors or
omissions or willful misconduct of WRCOG or its sub-consultants. WRCOG will reimburse the
CITY for any expenditure, including reasonable attorneys' fees, incurred by the CITY, in
defending against claims ultimately determined to be due to negiigent acts, errors or omissions or
willful misconduct of WRCOG.
(c) Effect of Acceptance. The CITY shall be responsible for the professional
quality, technical accuracy and the coordination of any services provided to complete the Project.
WRCOG's review, acceptance or funding of any services performed by the CTI'Y or any other
person or entity under trus Agreement shall not be construed to operate as a waiver of any rights
WRCOG may hold under this AgreemenY or of any cause of action arising out of this Agreement.
Further, the CITY shall be and remain liable to WRCOG, in accordance with applicable law, for
all damages to WRCOG caused by the CITY's negligent performance of this Agreement or
supervision of any services provided to complete the Project.
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18. Insurance. The CITY shall require, at a minimum, all persons or entities hired to
perform the Project to obtain, and require their subcontractors to obtain, insurance of the types
and in the amounts described below and satisfactory to the CITY and WRCOG. Such insurance
shall be maintained throughout the term of this Agreement, or until completion of the Project,
whichever occurs last.
(a) Commercial General Liability Insurance. Occunence 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 Project or be no less than two times the occurrence limit. Such insurance shall:
(i) Name WRCOG and CITY, and their respective officials, officers,
employees, agents, and consultants as insured with respect to performance of the services on the
Project and shall contain no special limitations on the scope of coverage or the protection
afforded to these insured;
(ii) Be primary with respect to any insurance or self insurance
programs covering WRCOG and CITY, and/or their respective officials, officers, employees,
agents, and consultants; and
(iii) Contain standard separation of insured provisions.
(b) 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.
(c) 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.
(d) Workers' Compensation Insurance. Workers' compensarion insurance
with statutory limits and employers' liability insurance with limits of not less than $1,000,000.00
each accident.
19. Project Amendments. Changes to the characteristics of the Project, including the
deadline for Project completion, and any responsibilities of the CITY or WRCOG may be
requested in writing by the CITY and are subject to the approval of WRCOG's Representative,
which approval will not be unreasonably withheld, provided that extensions of time for
completion of the Project shall be approved in the sole discretion of WRCOG's Representative.
Nothing in this Agreement shall be construed to require or allow completion of the Project
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.), if applicable, but the necessity of compliance with CEQA and/or NEPA shall not
justify, excuse, or permit a delay in completion of the Project.
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20. Conflict of Interest. For the term of this Agreement, no member, officer or
employee of the CITY or WRCOG, during the term of his or her service with the CITY or
WRCOG, as the case may be, shall have any direct interest in this Agreement, or obtain any
present or anticipated material benefit arising therefrom.
21. Limited Scope of Duties. WRCOG's and the CITY's duties and obligations
under this Agreement are limited to those described herein. WRCOG has no obligation with
respect to the safety of any Project performed at a job site. In addition, WRCOG shall not be
liable for any action of CITY or its contractors relating to the condemnation of property
undertaken by CITY or construcrion related to the Project.
22. Books and Records. Each party shall maintain complete, accurate, and clearly
identifiable records with respect to costs incurred for the Project 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 expendihxres and disbursements charged
to the other party pursuant to this disbursements charged to the other party pursuant to this
Agreement. Further, each party shall furnish to the other party, its agents or employees such
other evidence or information as they may require with respect to any such expense or
disbursement charged by them. All such information shall be retained by the PARTIES for at
least four (4) years following termination of this Agreement, and they shall have access to such
information during the four-year period for the purposes of examination or audit.
23. E uq al Opporiunity Eml~ovment. 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.
24. Governing Law. This Agreement shall be governed by and construed with the
laws of the State of California.
25. Attorneys' Fees. If either party commences an action against the other party
arising out of or in connecfion 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.
26. Time of Essence. Time is of the essence for each and every provision of this
Agreement.
27. Headines. 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.
28. Public Acknowled eg ment• The CITY agrees that all public notices, news
releases, information signs and other forms of communication shall indicate that the Project is
being cooperatively funded by the CITY and WRCOG TUMF Program Funds.
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29. No Joint Venture. This Agreement is for funding purposes only and nothing
herein shall be construed to make WRCOG a party to the construction of the Project ar to make
it a partner or joint venture with the CITY for such purpose.
30. Compliance With the Law. The CITY sha11 comply with all applicable laws,
rules and regulations governing the implementation of the Qualifying Project, including, where
applicable, the rules and regulations pertaining to the participation of businesses owned or
controlled by minorities and women promulgated by the Federal Highway Administration and
the Federal Department of Transportarion.
31. Notices. All notices hereunder and communications regarding interpretation of
the terms of this 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:
If to CITY: Ken. A Seumalo, Director of Public Works
City of Lake Elsinore
130 S. Main Street
Lake Elsinore, CA 92530
Telephone: (951) 674-3124 Ext. 244
Facsimile: (951) 674-8761
If to WRCOG: Western Riverside Council of Governments
Riverside County Administrative Center
4080 Lemon Street, Third Floor
Riverside, California 92501-3609
Attention: Deputy Executive Director
Telephone: (951) 955-7985
Facsimile: (951) 787-7991
Any notice so given shall be considered served on the other party three (3) days
after deposit in the U.S. mail, first ctass 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.
32. Inte agr rion• This Agreement contains the entire agreement between the
PARTIES. Any agreement or representarion respecting matters addressed herein that are not
expressly set forth in this Agreement, or in a fully executed contract amendment as described
below, is null and void.
33. Severabilitv. If any term, provision, condirion or covenant of this Agreement is
held invalid or unenforceable, the remainder of this Ageement shall not be affected thereby.
34. 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 Agreement.
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35. 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.
36. 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
WRCOG. Any personnel performing services on the Project shali 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 Project 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, unemployxnent insurance and warkers'
compensation insurance.
37. Effective Date. This Agreement shall not be effective until executed by both
PARTIES. The failure of one party to execute this Agreement within forty-five (45) days of the
other party executing this Agreement shall render any execution of this Agreement ineffective.
IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed by
their duly authorized representatives to be effective on the day and year first above-written.
WESTERN RIVERSIDE COUNCIL
OF GOVERNMENTS
CITY OF LAKE ELSINORE
A MUNICII'AL CORPORATION
By: Date:
Rick Bishop
Executive Director
By: Date:
Robert E. Magee
Mayor
Attest: Date:
City Clerk
By:
City Attorney
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EXHIBIT A
SCOPE OF SERVICES
The project would involve Temescal Canyon Road Bridge Replacement and Widening. The
work will consist of replacing the existing two lane bridge with a four lane bridge designed to
convey 100 year flood. Improvements will also include the pavement adjacent to the new
bridge. It will be widened to accommodate four lanes and the existing deteriorated pavement
will be replaced with new base and asphalt, together with other associated road improvements.
Exhibit A CC August 25, 2009 Item No. 10
Page 10 of 22 Page 13 of 26
EXFIIBIT A-1
ESTIMATE OF COST
Project Activitv
Design
Environmental
Right-of-Way
Constnxction
Estimated Construction Cost
$302,000
$121,000
$365,000
$1,365.000
TOTAL PROJECTS COST (Estimate)
$2,133.000
PROJECT FUNDING SOURCES
TUMF $1,365,000
FiJNDING TOTAL $1,365,000
Exhibit A-1 CC August 25, 2009 Item No. 10
Page 11 oF22 Page 14 of 26
EXHIBIT A-1
ESTIMATE OF COST
Project Activity
Design
Environxnental
Right-of-Way
TOTAL PROJECT COST (Estimate)
Estimated Construcrion Cost
$302,000
$121,000
$365,000
$788,000
PROJECT FUNDING SOURCES
TUMF $788,000
FUNDING TOTAL $788,000
Exhibit A-1 CC August 25, 2009 Item No. 10
Page 11 oF22 Page 15 of 26
EXHIBIT A-2
PROJECTSCAEDULE
1
2.
3.
4.
5.
Complete Design
Apri12010
Advertise: From
May 2010
Open Bid
June 2010
Contract Award
June 2010
Begin Construction
July 2010
Complete Conshucrion
November 2010
Exhibit A-2 CC August 25, 2009 Item No. 10
Page 12 of 22 Page 16 of 26
Elements of Compensation
EXHIBIT "B"
PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES
1. Far professional services, WRCOG recommends that the CITY incorporate this Exhibit
1113-1" into its contracts with any subcontractors to establish a standard method for
preparation of invoices by contractors to the CITY and ultimately to WRCOG for
reimbursement of CITY contractor costs.
2. Each month the CITY shall submit an invoice for eligible Project wsts incurred during
the preceding month. The original invoice shall be submitted to WRCOG's Executive
Director with a copy to WRCOG's Project Coardinator. Each invoice shall be
accompanied by a cover letter in a format substantially similaz to that of Exhibit "B-2".
3. For jurisdictions with large construction projects (with the total construction cost
exceeding $10 million) under construction at the same time, may with the approval of
WRCOG submit invoices to WRCOG for payment at the same time they are received by
the jurisdiction. WRCOG must receive the invoice by the Sih day of the month in order to
process the invoice with in 30 days. WRCOG will retain 10% of the invoice until all
costs have been verified as eligible and will release the balance at regular intervals not
more than quarterly and not less than semi-annually. If there is a discrepancy or
ineligible costs that exceed 10% of the previous invoice WRCOG will deduct that
amount from the next payment.
4. Each invoice shall include documentation from each contractor used by the CITY for the
Project, 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 subcontractor for the month and for the entire Project to
date. Samples of acceptable task level documentation and progress reports aze attached
as Exhibits "134" and "B-5". All documentation from the CITY's contractors should be
accompanied by a cover letter in a format substanrially similar to that of Exhibit "B-3".
5. If the CITY is seeking reimbursement for direct expenses incurred by CITY staff for
eligible Project costs, the CITY shall provide the same level of information for its labor
and any expenses as required of its contractors pursuant to Exhibit "B" and its
attachxnents.
6. Chazges for each task and milestone listed in Exhibit "A" shall be listed separately in the
invoice.
7. Each invoice shall include a certification signed by the CITY Representative or his or her
designee which reads as follows:
Exhibit B
Page 13 of 22 CC August 25, 2009 Item No. 10
Page 17 of 26
"I hereby certify that the hours and salary rates submitted for reimbursement in this
invoice are the actual hows and rates worked and paid to the contractors or
subcontractors listed.
Signed _
Title
Date
Invoice No.
8. WRCOG will pay the CITY within 30 days after receipt by WRCOG of an invoice. If
WRCOG 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.
9. 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
subcontractor used on the Project; (ii) the CITY has executed a Release and Certificate of
Final Payment; and (iii) the CITY has provided copies of each such Release to WRCOG.
Exhibit B
Page 14 of22 CC August 25, 2009 Item No. 10
Page 18 of 26
EXHIBIT "B-1"
[Sample for Professional Services]
For the satisfactory performance and completion of the Services under this Agreement,
CITY will pay the Contractor compensation as set forth herein. The total compensation for this
service shall not exceed (IINSERT WRITTEN DOLLAR AMOLTNT) ($_INSERT
NiJMERICAL DOLLAR AMOLTNT) without written approval of CITY's City Manager [or
applicable position] ("Total Compensation").
1. ELEMENTS OF COMPENSATION.
Compensation for the Services will be comprised of the following elements: 1.1 Direct
Labor Costs; 1.2 Fixed Fee; and 1.3 Additionai 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
Contractor's personnel directly engaged in performance of the Services
under the Agreement. (The range of hourly rates paid to the Contractor'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.
1.1.23 Overhead Costs
Exhibit 13-1 CC August 25, 2009 Item No. 10
Page 15 of 22 Page 19 of 26
The Decimal Ratio of Allowable Overhead Costs to the Contractor Firrrc'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.
Addirional 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_j
Per Diem
$
/day
Caz 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 Contractor's office neazest to
CITY's office must have CITY's prior written approval to be reimbursed under this
Agreement.
Exhibit B-1 CC August 25, 2009 Item No. 10
Page 16 0£22 Page 20 of 26
2.
DIRECTSALARY 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 aze subject to the following:
2.1 Direct Salary Rates shall be appiicable 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 Pazagraph 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
Contractor's adjusrinents to individual compensation. The Contractor 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
L-sample-1
Principal
Project Manager
Sr. Engineer/Planner
Project Engineer/Planner
Assoc. Engineer/Planner
Technician
Drafter/CADD Operator
Word Processor
$ .00 - $ .00/hour
$ .00 - $ .00/hour
$ .00 - $ .00/hour
$ .00 - $ .00/hour
$ .00 - $ .00/hour
$ .00 - $ .00/hour
$ .00 - $ .00/hour
$ .00 - $ .00/how
23 The above rates are for the Contractor only. All rates for subcontractors to the
Contractor will be in accordance with the Contractor's cost proposal.
3. INVOICING.
3.1 Each month the Contractor shall submit an invoice for Services performed during
the preceding month. The original invoice shall be submitted to CITY's
Executive Director 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.
33 Base Work and Extra Work shall be charged separately, and the charges for each
task and Milestone listed in the Scope of Services, shall be listed separately. The
charges for each individuai assigned by the Contractor under this Agreement shall
be listed separately on an attachment to the invoice.
Exhibit 13-1 CC August 25, 2009 Item No. 10
Page 17 oF22 Page 21 of 26
3.4 A charge of $500 or more for any one item of Additional Direct Costs shali 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 If applicable, each invoice shall indicate payments to DBE subcontractors or
supplies by dollar amount and as a percentage of the total invoice.
3.7 Each invoice shall include a certification signed by the Contractor'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 Na
4. PAYMENT
4.1 CITY shall pay the Contractor within four to six weeks after receipt by CITY of
an original invoice. Should CITY contest any portion of an invoice, that portion
shali be held for resolution, without interest, but the uncontested balance shall be
paid.
4.2 The final payment for Services under this Agreement will be made only after the
Contractor has executed a Release and Certificate of Final Payment.
Exhibit B-1 CC August 25, 2009 Item No. 10
Page 18 0£22 Page 22 of 26
EXHIBIT B-2
Sample Cover Letter to WRCOG
Date
Western Riverside Council of Governments
Riverside County Administrarive Center
4080 Lemon Street, Third Floor
Riverside, California 92501-3679
Attention: Deputy Executive Director
ATTN: Accounts Payable
Re: Project Title - Invoice
Enclosed for your review and payment approval is the CITY's invoice for professional and
technical services that was rendered by our contractors in connection with the 2002 Measure "A"
Local Streets and Roads 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/Yeaz to Month/Date/Year .
Tota1 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 actuai hours and rates
worked and paid to the contractors listed.
By:
cc:
Name
Title
Exhibit B-2 CC August 25, 2009 Item No. 10
Page 19 oF22 Page 23 of 26
~ _lT iPAt`..54"~"
EXHIBIT B-3
Sample Letter from Contractor to CITY
Month/Date/Year
Western Riverside Council of Governments
Riverside County Administrative Center
4080 Lemon Street, Third Floor
Riverside, California 92501-3679
Attention: Deputy Executive Director
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 B-3 CC August 25, 2009 Item No. 10
Page 20 of 22 Page 24 of 26
~'~Y`(~i"~`E ~~I..
EXHIBIT B-4
SAMPLE TASK SUMMARY SCAEDULE
(OPTIONAL)
Exhibit B-4
Page 21 of22 CC August 25, 2009 Item No. 10
Page 25 of 26
EXHIBIT B-5
Sample Progress Report
REPORTING PERIOD: Month/Date/Year to Month/Date/Yeaz
PROGRESS REPORT: #1
A. Acfivities and Work Completed during Current Work Periods
TASK Ol -100% PS&E SUBMITTAL
1. Responded to Segment 1 comments from Department of Transportation
2. Completed and submitted Segment 1 final PS&E
B. CurrenUPotential Problems Encountered & Conective Action
Problems Corrective Action
None None
C. Work Planned Next Period
TASK Ol - 100% PS&E SUBMITTAL
1. Completing and to submit Traffic Signal and Electrical Design plans
2. Responding to review comments
Exhibit B-5
Page 22 of 22 CC August 25, 2009 Item No. 10
Page 26 of 26