HomeMy Public PortalAbout04 April 10, 2019 CommissionComments are welcomed by the Commission. If you wish to provide comments to the Commission,
please complete and submit a Speaker Card to the Clerk of the Board.
MEETING AGENDA
TIME/DATE: 9:30 a.m. / Wednesday, April 10, 2019
LOCATION: BOARD ROOM
County of Riverside Administrative Center
4080 Lemon Street, First Floor, Riverside
COMMISSIONERS
Chair – Chuck Washington
Vice Chair – Ben J. Benoit
Second Vice Chair – Jan Harnik
Kevin Jeffries, County of Riverside, District 1
Karen Spiegel, County of Riverside, District 2
Chuck Washington, County of Riverside, District 3
V. Manuel Perez, County of Riverside, District 4
Jeff Hewitt, County of Riverside, District 5
Art Welch / Daniela Andrade, City of Banning
Lloyd White / Julio Martinez, City of Beaumont
Joseph DeConinck / Johnny Rodriguez, City of Blythe
Larry Smith / Jim Hyatt, City of Calimesa
Randall Bonner / Jeremy Smith, City of Canyon Lake
Mark Carnevale / Raymond Gregory, City of Cathedral City
Steven Hernandez / Megan Beaman Jacinto, City of Coachella
Wes Speake / Jim Steiner, City of Corona
Scott Matas / Russell Betts, City of Desert Hot Springs
Clint Lorimore / Todd Rigby, City of Eastvale
Linda Krupa / Russ Brown, City of Hemet
Dana Reed / To Be Appointed, City of Indian Wells
Waymond Fermon / Oscar Ortiz, City of Indio
Brian Berkson / Chris Barajas, City of Jurupa Valley
Kathleen Fitzpatrick / Robert Radi, City of La Quinta
Bob Magee / Natasha Johnson, City of Lake Elsinore
Bill Zimmerman / Dean Deines, City of Menifee
Victoria Baca / Carla Thornton, City of Moreno Valley
Scott Vinton / Randon Lane, City of Murrieta
Berwin Hanna / Ted Hoffman, City of Norco
Jan Harnik / Kathleen Kelly, City of Palm Desert
Lisa Middleton / Jon R. Roberts, City of Palm Springs
Michael M. Vargas / Rita Rogers, City of Perris
Ted Weill / Charles Townsend, City of Rancho Mirage
Rusty Bailey / Andy Melendrez, City of Riverside
Andrew Kotyuk / Russ Utz, City of San Jacinto
Michael S. Naggar / Maryann Edwards, City of Temecula
Ben J. Benoit / Joseph Morabito, City of Wildomar
Mike Beauchamp, Governor’s Appointee Caltrans District 8
TO: Riverside County Transportation Commission
FROM: Lisa Mobley, Clerk of the Board
DATE: April 2, 2019
SUBJECT: G.C. 84308 Compliance – Potential Conflict of Interest
California Government Code 84308 states a Commissioner may not participate in any discussion or
action concerning a contract or amendment if a campaign contribution of more than $250 is
received in the past 12 months or 3 months following the conclusion from a bidder or bidder’s agent.
This prohibition does not apply to the awarding of contracts that are competitively bid. The
Commission’s procurement division asks potential vendors to disclose any contributions made to
the campaigns of any Commissioner as part of their submitted bid packets. As an additional
precaution, those entities are included below in an effort to give Commissioners opportunity to
review their campaign statements for potential conflicts. Please note the entities listed in this
memo are not encompassing of all potential conflicts and are in addition to any personal conflicts
of interest such as those disclosed on Statement of Economic Interests – Form 700 or prohibited
by Government Code Section 1090. Please contact me should you have any questions.
Agenda Item No 8A – Agreements for On-Call Right of Way Support Services
Consultant(s): Epic Land Solutions, Inc.
Karen Starr, President
3850 Vine Street, Suite 200
Riverside, CA 92507
Overland, Pacific & Cutler, LLC
Mark La Bonte, Sr. Vice President
3750 Schaufele Avenue, Suite 150
Long Beach, CA 90808
Agenda Item No 8B – Agreement for On-Call Right of Way Engineering and Surveying Services
Consultant(s): Psomas
Cliff Simental, Vice President
1500 Iowa Avenue, Suite 210
Riverside, CA 92507
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
www.rctc.org
MEETING AGENDA*
*Actions may be taken on any item listed on the agenda
9:30 a.m.
Wednesday, April 10, 2019
BOARD ROOM
County of Riverside Administrative Center
4080 Lemon Street, First Floor, Riverside, CA
In compliance with the Brown Act and Government Code Section 54957.5, agenda materials distributed 72 hours
prior to the meeting, which are public records relating to open session agenda items, will be available for
inspection by members of the public prior to the meeting at the Commission office, 4080 Lemon Street, Third
Floor, Riverside, CA, and on the Commission’s website, www.rctc.org.
In compliance with the Americans with Disabilities Act, Government Code Section 54954.2, and the Federal
Transit Administration Title VI, please contact the Clerk of the Board at (951) 787-7141 if special assistance is
needed to participate in a Commission meeting, including accessibility and translation services. Assistance is
provided free of charge. Notification of at least 48 hours prior to the meeting time will assist staff in assuring
reasonable arrangements can be made to provide assistance at the meeting.
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENTS – Each individual speaker is limited to speak three (3) continuous minutes or less.
The Commission may, either at the direction of the Chair or by majority vote of the Commission, waive
this three-minute time limitation. Depending on the number of items on the Agenda and the number of
speakers, the Chair may, at his/her discretion, reduce the time of each speaker to two (2) continuous
minutes. In addition, the maximum time for public comment for any individual item or topic is thirty (30)
minutes. Also, the Commission may terminate public comments if such comments become repetitious.
Speakers may not yield their time to others without the consent of the Chair. Any written documents to
be distributed or presented to the Commission shall be submitted to the Clerk of the Board. This policy
applies to Public Comments and comments on Agenda Items.
Under the Brown Act, the Commission should not take action on or discuss matters raised during public
comment portion of the agenda that are not listed on the agenda. Commission members may refer such
matters to staff for factual information or to be placed on the subsequent agenda for consideration.
5. APPROVAL OF MINUTES – MARCH 13, 2019
Riverside County Transportation Commission Meeting Agenda
April 10, 2019
Page 2
6. PUBLIC HEARING – 15 EXPRESS LANES CUSTOMER TRANSPONDER ACCOUNT FEE POLICIES
AND TOLL POLICIES
Page 1
Overview
This item is for the Commission to:
1) Adopt Resolution No. 19-003, “Resolution of the Riverside County Transportation
Commission Adopting the Amended and Restated Interstate 15 Express Lanes Toll Policy
Goals and Toll Policies”; and
2) Adopt Resolution No. 19-004, “Resolution of the Riverside County Transportation
Commission Regarding the 15 Express Lanes Transponder and Customer Account Fee
Policies”.
7. ADDITIONS / REVISIONS – The Commission may add an item to the Agenda after making a
finding that there is a need to take immediate action on the item and that the item came to the
attention of the Commission subsequent to the posting of the agenda. An action adding an
item to the agenda requires 2/3 vote of the Commission. If there are less than 2/3 of the
Commission members present, adding an item to the agenda requires a unanimous vote. Added
items will be placed for discussion at the end of the agenda.
8. CONSENT CALENDAR – All matters on the Consent Calendar will be approved in a single motion
unless a Commissioner(s) requests separate action on specific item(s). Items pulled from the
Consent Calendar will be placed for discussion at the end of the agenda.
8A. AGREEMENTS FOR ON-CALL RIGHT OF WAY SUPPORT SERVICES
Page 52
Overview
This item is for the Commission to:
1) Award the following agreements to provide on-call right of way support
services for a three-year term in an amount not to exceed an aggregate value
of $3 million:
a) Agreement No. 19-31-045-00 to Epic Land Solutions;
b) Agreement No. 19-31-046-00 to Overland, Pacific, & Cutler;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to
execute the agreements, on behalf of the Commission; and
3) Authorize the Executive Director, or designee, to execute task orders awarded
to the consultants under the terms of the agreements.
Riverside County Transportation Commission Meeting Agenda
April 10, 2019
Page 3
8B. AGREEMENT FOR ON-CALL RIGHT OF WAY ENGINEERING AND SURVEYING SERVICES
Page 100
Overview
This item is for the Commission to:
1) Award Agreement 19-31-013-00 to Psomas to provide on-call right of way
engineering and surveying services for a three-year term, in an amount not to
exceed an aggregate value of $480,000;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to
execute the agreement on behalf of the Commission; and
3) Authorize the Executive Director, or designee, to execute task orders awarded
to the consultant under the terms of the agreement.
8C. RIVERSIDE TRANSIT AGENCY FISCAL YEAR 2018/19 SHORT RANGE TRANSIT PLAN
AMENDMENT
Page 145
Overview
This item is for the Commission to:
1) Approve an increase to Riverside Transit Agency’s (RTA) Fiscal Year 2018/19
Local Transportation Fund (LTF) operating assistance allocation in the amount
of $1.6 million;
2) Approve reductions to RTA’s FY 2018/19 2009 Measure A Western County
Public Transit-Intercity Bus operating assistance allocation in the amount of
$1,208,510 and 2009 Measure A Western County Public Transit-Consolidated
Transportation Service Agency (CTSA) operating assistance allocation in the
amount of $391,490;
3) Approve adjustments to the FY 2018/19 budget to increase LTF transit
operating expenditures by $1.6 million and to decrease1 2009 Measure A
Western County Public Transit-Intercity Bus and Public Transit-CTSA transit
operating expenditures by $1,208,510 and $391,490, respectively; and
4) Approve an amendment to RTA’s FY 2018/19 Short Range Transit Plan (SRTP)
to reflect the swap of $1.6 million in 2009 Measure A Western County Public
Transit funds with $1.6 million of available LTF.
Riverside County Transportation Commission Meeting Agenda
April 10, 2019
Page 4
9. STATE AND FEDERAL LEGISLATIVE UPDATE
Page 151
Overview
This item is for the Commission to:
1) Adopt the following bill position:
a) AB 626 (Quirk-Silva); and
2) Receive and file an update on state and federal legislation.
10. MODIFICATIONS TO 2019 CALL BOX PROGRAM UPGRADE/REDUCTION PLAN
Page 153
Overview
This item is for the Commission to approve modifications to the 2019 Call Box Upgrade and
Reduction Plan (CB Plan) approved at the March Commission meeting.
11. ITEM(S) PULLED FROM CONSENT CALENDAR AGENDA
12. COMMISSIONERS / EXECUTIVE DIRECTOR REPORT
Overview
This item provides the opportunity for the Commissioners and the Executive Director to report
on attended meetings/conferences and any other items related to Commission activities.
13. CLOSED SESSION
13A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Agency Negotiator: Executive Director or Designee
Item APN(s) Property Owner Buyer(s)
1 117-113-002, 117-113-003,
and 117-113-004
Riverside County
Transportation
Commission
Maria Calderon
2 117-121-003, 117-121-008,
and 117-121-009
Riverside County
Transportation
Commission
Maria G. Ramos
14. ADJOURNMENT
The next meeting of the Commission is scheduled to be held on Wednesday,
May 8, 2019, Board Room, First Floor, County Administrative Center, 4080 Lemon Street,
Riverside.
AGENDA ITEM 5
MINUTES
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
MEETING MINUTES
Wednesday, March 13, 2019
1. CALL TO ORDER
The Riverside County Transportation Commission was called to order by
Chair Chuck Washington at 9:36 a.m. in the Board Room at the County of Riverside
Administrative Center, 4080 Lemon Street, First Floor, Riverside, California, 92501.
2. ROLL CALL
Commissioners/Alternates Present Commissioners Absent
Victoria Baca Andy Melendrez Joseph DeConinck
Ben J. Benoit Lisa Middleton
Brian Berkson Michael Naggar
Russell Betts V. Manuel Perez
Randall Bonner Dana Reed
Ray Desselle Wes Speake
Waymond Fermon Karen Spiegel
Kathleen Fitzpatrick Larry Smith
Raymond Gregory Russ Utz
Berwin Hanna Michael M. Vargas
Jan Harnik Scott Vinton
Steven Hernandez Chuck Washington
Jeff Hewitt Ted Weill
Kevin Jeffries Art Welch
Linda Krupa Lloyd White
Clint Lorimore Bill Zimmerman
Bob Magee
3. PLEDGE OF ALLEGIANCE
Commissioner Jan Harnik led the Commission in a flag salute.
4. PUBLIC COMMENTS
Arnold San Miguel, Southern California Association Governments, announced the dates
of their 54th Annual Regional Conference and General Assembly for 2019 and a handout
was distributed to the Commissioners.
Riverside County Transportation Commission Meeting Minutes
March 13, 2019
Page 2
5. APPROVAL OF MINUTES – JANUARY 9 AND JANUARY 31, 2019
M/S/C (Baca/Utz) to approve the January 9 and January 31, 2019 minutes as
submitted.
Abstain: Betts
6. ADDITIONS / REVISIONS
There was a revision to Attachment 1 to Agenda Item 8, “Active Transportation Program
Cycle 4 – Riverside County Project Recommendations for Metropolitan Planning
Organization Regional Program”.
7. CONSENT CALENDAR
Commissioner Russell Betts requested to pull Agenda Item 7D, “Fiscal Year 2018/19
Mid-Year Budget Adjustments”, for further discussion.
M/S/C (Baca/Berkson) to approve the following Consent Calendar items.
7A. QUARTERLY FINANCIAL STATEMENTS
Receive and file the Quarterly Financial Statements for the six months ended
December 31, 2018
7B. SINGLE SIGNATURE AUTHORITY REPORT
Receive and file the Single Signature Authority report for the second quarter
ended December 31, 2018.
7C. QUARTERLY INVESTMENT REPORT
Receive and file the Quarterly Investment Report for the quarter ended
December 31, 2018.
7E. INVESTMENT POLICY REVISION
1) Adopt Resolution No. 19-004, “Resolution of the Riverside County
Transportation Commission Regarding the Revised Investment Policy”; and
2) Adopt the revised annual Investment Policy.
Riverside County Transportation Commission Meeting Minutes
March 13, 2019
Page 3
7F. PROPOSED POLICY GOALS AND OBJECTIVES FOR FISCAL YEAR 2019/20 BUDGET
1) Review and approve the proposed Commission Policy Goals and Objectives
for the Fiscal Year 2019/20 Budget; and
2) Review and approve the Fiscal Accountability Policies for the FY 2019/20
Budget.
7G. STATE AND FEDERAL LEGISLATIVE UPDATE
1) Receive and file an update on state and federal legislation;
2) Adopt RCTC’s Federal Reauthorization Principles; and
3) Adopt the following bill position:
a) AB 252 (Daly, Frazier).
7H. LOCAL TRANSPORTATION FUND ADVANCE LOAN TO RIVERSIDE TRANSIT
AGENCY
Approve a loan to advance Local Transportation Funds (LTF) in the amount of $22
million to Riverside Transit Agency (RTA) under the condition the loan is repaid to
the Commission within 14 days of receipt of Federal Transit Administration (FTA)
Section 5307 funds.
7I. 91 EXPRESS LANES MONTHLY STATUS REPORTS
Receive and file the 91 Express Lanes Monthly Reports.
8. ACTIVE TRANSPORTATION PROGRAM CYCLE 4 – RIVERSIDE COUNTY PROJECT
RECOMMENDATIONS FOR METROPOLITAN PLANNING ORGANIZATION REGIONAL
PROGRAM
Jenny Chan, Staff Analyst, presented the Active Transportation Program Cycle 4 –
Riverside County project recommendations for the Metropolitan Planning Organization
Regional Program, highlighting the following areas:
• Active Transportation Program (ATP) overview
• Distribution of funds for Cycle 4: $464 million for FY 2019/20 – FY 2022/23 was
available; 50 percent of these funds is allocated by the California Transportation
Commission (CTC) and 10 percent is allocated to the small urban and rural areas
by CTC, and the remaining 40 percent is allocated to the large MPOs with a 5
percent set aside for planning efforts
• ATP Cycle 4 Statewide = $278.6 million: CTC approved Statewide/Rural Program
– January 2019; Projects scoring 89 and above; and CTC awarded six Riverside
County Projects
Riverside County Transportation Commission Meeting Minutes
March 13, 2019
Page 4
• ATP Cycle 4 MPO = $92,572,000: Riverside County Share = $10,937,000; SCAG
MPO Guidelines allows additional 20 points; and RCTC approved 20 point
distribution
• Riverside County MPO Share – Project Recommendation for Cycle 4: ATP MPO -
$10,937,000 available for:
o Palm Desert - San Pablo, sidewalk, bike lanes
o Riverside County – El Toro SRTS, sidewalk, curb ramps
o Lake Elsinore – Murrieta Creek, multiuse trail
o Riverside County Public Health – SRTS, Corona (non-infrastructure)
• Project unable to be funded due to funding constraints:
o Desert Hot Springs – CV Link Extension – 13 Mile Path
o CVAG – CV Arts & Music Line – 10 Mile Path
• SCAG Sustainable Communities Program - $4.6 million – Planning/Non-
infrastructure Draft Project Recommendations:
o Riverside County – SRTS, Desert Hot Springs
o Cathedral City – ATP
o Riverside – Pedestrian Target Hardening Plan
• A map that depicts all the awarded ATP Funded Projects since 2014
Commissioner Steven Hernandez congratulated the cities that were able to get the state
competition award and asked how the Commission can help cities to compete better with
respect to the state award.
Anne Mayer referred to the map that showed the awarded ATP funded projects and
stated the statewide competition is very important. She explained the County has done
very well in the statewide pot and in looking at the fair share of state funding it is about
6 percent, noting the Commission is averaging in this program closer to 12 and 13 percent.
She congratulated all the cities and the County for putting out such outstanding
applications. Anne Mayer explained to bring in more funding the focus is on putting the
best projects forward, making good strategic decisions about how to package them, and
the goal is to get the highest score possible. She stated for those jurisdictions competing
in this program to reach out to staff and have a briefing meeting in order to be really
aggressive and strategic.
Commissioner Bob Magee explained his staff worked with Commission staff diligently as
the city of Lake Elsinore was unable to get a grant in the past and today the city of Lake
Elsinore is competitive. He concurred with Ms. Mayer’s comments for the cities to work
closely with staff as it will help these cities move forward. At this time, Commissioner
Magee moved the motion.
Commissioner Waymond Ferman expressed appreciation to staff for these grants, as they
are really needed on behalf of the city of Indio.
Riverside County Transportation Commission Meeting Minutes
March 13, 2019
Page 5
Commissioner Andy Melendrez expressed appreciation for the presentation and asked
about what type of balance to have the best opportunity to receive grants as he heard
there might be a few too many sidewalk improvements.
Anne Mayer replied what has been seen in terms of scoring is that all of those projects
can score well if it is a good project. The other challenges too is that there are massive
projects in the Coachella Valley and the Commission was not able to find matching funds.
Her suggestion would be whatever projects are in your program and are priorities for your
community put the best application forward that focuses on connectivity, safety, and
meeting all of the criteria the CTC has.
Commissioner Kevin Jeffries explained in the 1st District they are trying to find every dollar
possible to pave dirt roads as the District and the County grows. The other challenge is
that school districts build schools wherever they want and in the rural unincorporated
communities, there are no sidewalks and very few paved streets and the children walk to
school on streets that are not wide enough and have no sidewalks. He expressed some
understanding to the challenge being faced with the schools and trying to get the
sidewalks built and expressed gratitude for funding a sidewalk.
Commissioner Betts explained being one of the cities that has a significant need for the
sidewalks and expressed gratitude the city of Desert Hot Springs received that grant. He
referred to Commissioner Hernandez’s comment and stated collectively as an agency the
Commission should work to see how it could do better competing against some of the
regions in the state.
M/S/C (Magee/Baca) to:
1) Approve the Riverside County Active Transportation Program (ATP)
projects for inclusion in the Metropolitan Planning Organization (MPO)
ATP Regional Program Cycle 4 consisting of the highest scoring
implementation projects in the total amount of $10,937,000;
2) Authorize staff to adjust the amounts to projects in either the ATP or
Sustainable Communities Program to maximize available funds in
Riverside County;
3) Submit the recommended projects to the Southern California Association
of Governments (SCAG) for inclusion in the MPO ATP Regional Program
and subsequent submittal to the California Transportation Commission
(CTC) for final approval in June 2019;
4) Submit the MPO ATP regional projects to SCAG for inclusion in the
Federal Transportation Improvement Program (FTIP) programming; and
5) Direct staff to coordinate with the MPO ATP Regional Program project
sponsors regarding timely funding allocations, obligations, and project
delivery.
Riverside County Transportation Commission Meeting Minutes
March 13, 2019
Page 6
9. CALL BOX PROGRAM UPGRADE/REDUCTION PLAN AND AGREEMENTS
Brian Cunanan, Commuter and Motorist Assistance Manager, presented the Call Box
Program Upgrade/Reduction Plan (CB Plan) and agreements, highlighting following areas.
• Call Box Program related to optimizing the Commission’s Riverside County, which
has been in operation nearly 30 years
• Cellular network obsolescence – Current Verizon 3G Network will become
obsolete on January 2020; and Cellular modem chipset to be upgraded - $822 per
call box
• Current deployment = 234 call boxes: One-time upgrade $222,300 and annual
maintenance $104,000
• Over a five-year period keeping the call box system as is the cost would run an
estimated $742,300 to upgrade and maintain
• Declining demand/use – Average 4.5 calls per call box per year
• Other considerations:
o Caltrans has recommended removal of all Site Type B and C call boxes
o Proliferation of cell phone ownership
o Continuous development across the County
o Growing cellular network coverage
o Roadside assistance alternatives
• Western Riverside County map of the Western and Coachella Valley to the east
that illustrates the coverage by the major carriers: AT&T, Sprint, T Mobile, and
Verizon
• Eastern Riverside County map from Coachella to Blythe and the coverage by the
major carriers for that area: AT&T, Sprint, T Mobile, and Verizon
• Call box upgrade and reduction plan:
o Removals – Urban areas/Freeway Service Patrol; low use call boxes; and
remove all B and C site type call boxes, except seven sites on I-10 and two
sites on SR-243
o Upgrades – Remaining call boxes (151 call boxes)
• A map reflecting the resulting call box upgrades and removals
• Projected schedule – March 2019 Commission approval of reduction plan; April-
May 2019 CHP and Caltrans review period; July – December 2019 CASE performs
call box removals and upgrades and assessments; and January 2020 staff provides
call box project update to the Commission
• By the numbers – Call box optimization recommendation summary:
o Reduce from 234 to 151 call boxes
o ~$79,000 in savings one-time for upgrades
o ~$38,000 in savings annually for maintenance
o Sunset call box program in five years
• Budget and Implementation Committee Comments/Questions:
Riverside County Transportation Commission Meeting Minutes
March 13, 2019
Page 7
o Breakdown 257 emergency calls – 787 non-emergency motorist aid
requests, 257 emergency calls, and 631 non-aid related incidental calls
o Breakdown 257 emergency calls each year – 20 percent are related to
crime, medical, fire, and accidents; the remaining 80 percent are related
to road hazards and other, which primarily involves disabled vehicles that
are not safely on the right shoulder or people calling to report debris, other
disabled vehicles, or pedestrians on the highway
o Value of the Call Box equipment: none
o There are still about 5 percent of Americans without a cell phone and the
coverage maps shows there are still some areas with no cell service
depending on the carrier
o Suggest sunsetting program before 2020 upgrade and keep a close eye on
call box reductions elsewhere and usage within Riverside County
In response to Commissioner Jeff Hewitt’s inquiry depending on whether they are
essential call box calls or not if the Commission is looking at $200 per call, Brian Cunanan
replied it has not been broken down per call. Commissioner Hewitt clarified per year as
the Commission is spending more this year due to the upgrades and suggested it is close
to $200 per call. He expressed with how many vehicles are on the freeways everybody
has a cell phone and when an emergency occurs, there are usually dozens of cell calls to
911 right away.
Commissioner Karen Spiegel expressed just one call box call could be worth much more
than $200 per call. She stated in terms of the map where those emergency 257 call box
calls are located if any of those were going to be removed. Brian Cunanan replied there
were and 70 percent of those emergency calls were in the middle to eastern part of the
county. Commissioner Spiegel reiterated the Commission has more call boxes in the
eastern portion of the county and are keeping those call boxes, and Brian Cunanan
confirmed.
Commissioner Spiegel suggested many people get in the car and leave their cell phones
at home, it was noted that 95 percent of people have cell phones however that statement
was made having the cell phones with them. She expressed the person that is having an
emergency on the highway and need some way to contact, as that call could be a life.
Commissioner Spiegel stated being very cautious of removing call boxes in the eastern
county but concurred with the removal of the other call boxes in the western portion.
Commissioner Wes Speake inquired what the reason was for the call boxes that are
clustered especially the cluster located on the I-10 and if there is opportunity to trim some
of those out in these areas. Brian Cunanan replied some of those gaps reflect the last
cycle of reductions, which was based on usage so that filtered out some of those call
boxes. In response to Commissioner Speake’s clarification if those cluster spots are places
where there has been emergency calls, Brian Cunanan confirmed.
Riverside County Transportation Commission Meeting Minutes
March 13, 2019
Page 8
Anne Mayer explained when the program was originally put in place the criteria for
placement of the call boxes called for them with a much greater frequency then what is
seen here now. She stated the Commission has already gone through multiple reductions
of call boxes. In particular, in areas where there were no interchanges or there were
interchanges but they did not have services as well as in urban areas the call boxes tended
to be clustered. The spacing requirements were different in urban versus rural.
Commissioner Speake explained seeing the call boxes being on some rural roads such as
SR-74 as that is not a really well traveled road, and suggested the I-10 seems like there
may be some more opportunity to make some trimmings in those areas.
In response to Commissioner Russ Utz’s inquiry as to how the Call Box Program is funded,
Brian Cunanan replied the Commission receives $1 from every registered vehicle in
Riverside County. Commissioner Utz inquired if those dollars are not spent on the Call Box
Program can those funds be allowed for other commuter assistance programs. Brian
Cunanan replied that is correct, currently it funds the Commission’s system, which
consists of the call box system, Freeway Service Patrol (FSP), and IE 511 Traveler
Information Services. Legislation recently expanded what funds could be used for given
the times and the technology that have changed.
Commissioner Speake explained if there is an opportunity to use those dollars in other
ways and given the pure research nationwide whereas many parts of the country do not
have the cell coverage that Riverside County has. He explained it would probably be safe
to assume in Southern California and Riverside County it is better than 90 percent
inclusion for cell phones given the state phone program, the federal program, and all of
the other programs for disadvantaged. Commissioner Speake suggested working on sun
setting the Call Box Program instead of putting more money into it.
In response to Commissioner Michael Vargas’ question what the maintenance entails,
Brian Cunanan replied the contractor goes out to the call box twice a year to ensure all
the equipment is working and clean the reflective signs.
Anne Mayer clarified if the call box is damaged or hit then the call box has to be
maintained as they are damaged by roadside incidences.
In response to Commissioner Vargas’ clarification that is contracted through an outside
vendor, Brian Cunanan replied it is CASE Systems.
Commissioner V. Manuel Perez stated in regards to the 4th District along I-10 around the
cities of Indio and Coachella coming down to Mecca and then the West Shores area there
are four call box removals. He stated in looking at the Blythe area going up to Big Maria
Mountains Wilderness and south of Blythe there were three other removals.
Commissioner Perez inquired about the statistics of the data that demonstrate calls being
Riverside County Transportation Commission Meeting Minutes
March 13, 2019
Page 9
made from those areas, noting if there is a minimal amount of calls perhaps the
Commission needs to remove those call boxes in those regions.
Brian Cunanan clarified the call boxes on SR-86 and stated since those call boxes are in
rural areas the usage filter was applied and those call boxes had very low usage. In
response to Commissioner Perez’s inquiry they had very low usage as well as where the
Blythe area is concerned, Brian Cunanan replied that is correct.
Commissioner Perez stated he wants to ensure that is the case and referred to the slide
that demonstrated where there is cell phone usage or the ability to use their cell phones,
as those specific areas are much underserved. There are individuals that are mostly farm
workers and he wanted to ensure the Commission moves forward with this and that there
are no unintended consequences when it comes to removal of those boxes knowing that
there are individuals that perhaps live day by day and may not have a cell phone. Brian
Cunanan replied he could provide that information about the calls that have transpired
at those locations.
Anne Mayer suggested to check on the locations for the proximity of the call boxes to
existing development since some of the call boxes on SR-86 might be directly adjacent to
recent development. She stated there is a redundancy there to ensure they are not in
true rural areas with no any access to any kind of cell service.
Commissioner Kevin Jeffries referred to Commissioner Perez’s comments and clarified if
staff weighed the actual call volume that came from a call box and the decision making of
weighing how often the call box was used. Brian Cunanan replied yes that was applied at
the last filter and that is why there were so many call boxes still in the Western Riverside
County. During that last filter if it had FSP but had high usage the Commission kept those
boxes. He explained this time around if it has FSP and are in an urban area then staff is
eliminating the call boxes altogether as there is more access amenities off the freeways,
with the exception of the one call box on SR-74.
Commissioner Dana Reed expressed at the appropriate time this needs to be referred
back to the Budget and Implementation Committee, as there are serious concerns as to
whether the number is correct or needs to be reduced. He suggested when it is
appropriate he will make that motion.
Chair Washington stated there seems to be consensus that is what the Commission wants
to do and asked if there needs to be additional comments or recommendations from the
Commissioners.
Commissioner Jan Harnik explained one of her questions was answered since it was said
before there were 4.5 calls on average so the Commission is able to specifically identify
how many calls are received from each box. She understands over the years the amount
Riverside County Transportation Commission Meeting Minutes
March 13, 2019
Page 10
of call boxes have declined. Commissioner Harnik stated when looking at the Eastern
Riverside County map those clusters look close because it is on a 16-inch screen. She
stated when traveling on the I-10 the call boxes are five miles apart and it could be 120
degrees depending on the time of day there may not be somebody out there. She
expressed the Commission has to factor that in to the decision making and ensure the
Commission is protecting people.
In response to Commissioner Bill Zimmerman’s inquiry in terms of the costs for removing
the call boxes and if it included the B and C sites to have the retaining walls removed,
Brian Cunanan replied the removal costs are flat and it is $400 per call box regardless of
what kind of site type. In response to Commissioner Zimmerman’s clarification it will
remove the retaining walls and regrade, Brian Cunanan replied absolutely it will return it
to its original condition.
Commissioner Bob Magee stated hearing many concerns from the Commissioners, he
referred to Commissioner Reeds comment and explained he would prefer to continue this
agenda item off calendar and instruct staff to brief individually the Commissioners that
are concerned so they can get specific data on their individual areas. He suggested this is
a very location specific issue and he requested to make this motion.
Commissioner Lisa Middleton concurred that all the Commissioners want to see this
technology go away as quickly as possible. She explained although there were 257
emergencies last year, it is reasonable to believe those individuals are the most vulnerable
in the communities that were subject to many of those emergencies. Commissioner
Middleton suggested finding more cost effective alternatives to what is clearly a dying
technology. However the Commission cannot do away with the stories that will emerge
if the Commission has individuals 50 miles from Blythe with a disabled car and has no way
of getting in touch with anyone accept to wait for the California Highway Patrol for help.
Commissioner Betts stated the Commission has FSP on the Western portion of County
and there was some discussion to having that moved into the Eastern portion of the
County. He then asked with the funds that has been dedicated to the call boxes on the
Eastern portion fund the FSP for roadside assistance and if it would be as effective.
Chair Washington stated hearing a motion to continue and have staff provide additional
information. He noted Brian Cunanan’s presentation was thorough and he is uncertain
the Commissioners have given staff specific enough direction so they know what to come
back with if there is not a consensus amongst the Commission about a direction moving
forward. He discussed the Commissioners comments made and the how the pot of
money that funds the call boxes also funds the FSP. He clarified if the call box costs are
lowered more money could go into the FSP. Brian Cunanan confirmed funds could be used
towards FSP.
Riverside County Transportation Commission Meeting Minutes
March 13, 2019
Page 11
Chair Washington suggested narrowing down the Commission’s concerns if an individual
Commissioner has a specific concern for a specific location on the highway that can be
addressed with staff. He expressed the Commission needs to refocus on what it is that
the Commission is trying to accomplish.
Anne Mayer explained this is an important conversation and technology is going to
continue to change and some of these funds can be spent on the FSP if the service meets
the state of California’s requirements and criteria. She reiterated Chair Washington’s
comment at this point other than a couple of specific locations where staff is being asked
to double check call volumes, and locations of phones, she is uncertain what to bring back
at a future Commission meeting without additional direction. She stated the Budget and
Implementation Committee meeting is in two weeks and she does not have direction at
this point specifically enough to bring back to that committee. She explained if the
Commission proceeded along the line of off line conversations with Commissioners giving
staff their specific feedback staff could come back with an update to the Commission in
April. She requested the projected schedule slide be displayed to highlight 3G will be
obsolete January 2020.
Commissioner Waymond Fermon expressed SR-86 is a very rural area and he understands
the Commission has FSP to try to bring to that area but some of those people may not
have cell phones or cell coverage out there. He explained he frequents that road and
broke down out there with two cell phones and only one had service and suggested at
least one call box in that area would be appropriate.
Chair Washington reiterated as Anne Mayer mentioned if there is a specific location
Commissioners want to have re-evaluated it can be done and bring an update back to its
April Commission meeting.
Commissioner Harnik expressed understanding the Commissioners are looking out for
their community’s best interest and there has been some great conversation. She
suggested a substitute motion, which is to move the approval of staff recommendations
with the options offered by Anne Mayer.
Chair Washington clarified there was a motion by Commissioner Magee, there is a
substitute motion by Commissioner Harnik. He reiterated Commissioner Harnik’s motion,
which is to move staff recommendation with having the opportunity to have some
revisions on a case-by-case basis. At this time, Commissioner Harnik moved the motion
and Commissioner Kathleen Fitzpatrick seconded.
Commissioner Perez stated he supports the motion and clarified that he will meet with
Anne Mayer and anyone else that needs to be involved.
Riverside County Transportation Commission Meeting Minutes
March 13, 2019
Page 12
M/S/C (Harnik/Fitzpatrick) to:
1) Approve the implementation of the 2019 Call Box Upgrade and
Reduction Plan (CB Plan);
2) Approve Agreement No. 19-45-059-00 with San Bernardino County
Transportation Authority (SBCTA) to provide for the reimbursement of
call answering center (CAC) services related to the operation of call box
CAC services associated with the call boxes and future 511 motorist
assistance services in an amount not to exceed $180,000;
3) Approve Agreement No. 13-45-102-05, Amendment No. 5 to Agreement
No. 13-45-102-00, with CASE Systems, Inc. (CASE) to provide call box
removal and upgrade services consistent with the CB Plan and for the
continued provision of call box maintenance services through June 30,
2020 for an additional amount of $275,000, and a total amount not to
exceed $1,765,440;
4) Approve the sunset of the Call Box Program at the end of Fiscal Year
2023/24 or in conjunction with the next system network upgrade,
whichever comes first;
5) Authorize the Executive Director pursuant to legal counsel review, to
execute the agreements on behalf of the Commission; and
Abstain: Betts, Ferman, Hernandez, and Reed
No: Bonner, Hewitt, Naggar, Speake, Spiegel, Utz, and White
Chair Washington stated it is worth noting there are a number of abstentions and no
votes, so staff needs to meet with those Commissioners, try to address their concerns and
bring back a revision as to what the Commission just adopted.
At this time, Commissioners Hernandez and Jeffries left the meeting.
10. ITEM(S) PULLED FROM CONSENT CALENDAR FOR DISCUSSION
In response to Commissioner Betts’ clarification for the $10.6 million that represented
some sort of a change, Michele Cisneros replied every year staff does an analysis on the
needs of their respective programs to get through the next six months of the fiscal year.
She discussed the expenditures and the budget adjustment amounts for the Regional
Arterial Program and for the Transit Program.
In response to Commissioner Betts’ inquiry the $10.6 million represents what percentage
of the project for the Temescal Canyon Widening project, Anne Mayer replied this is not
a change order on the project. She explained it is the county of Riverside programming a
project, which is in their Capital Improvement Plan and they are programming it for right
Riverside County Transportation Commission Meeting Minutes
March 13, 2019
Page 13
of way and construction. At this time, Anne Mayer welcomed and introduced Patti Romo,
TLMA Director to make a comment.
Patti Romo stated this is not asking for an additional allocation it is money that was
already allocated and it is just switching it over to a specific fiscal year for expenditure.
7D. FISCAL YEAR 2018/19 MID-YEAR BUDGET ADJUSTMENTS
M/S/C (Spiegel/Vargas) to approve an increase of $10.5 million in Fiscal Year
2018/19 expenditures for mid-year budget adjustments.
11. COMMISSIONERS/EXECUTIVE DIRECTOR’S REPORT
At this time, Commissioner Perez left the meeting.
11A. Commissioner Linda Krupa announced March 12 Hemet City Council unanimously
approved the closure of Stetson Avenue Bridge for safety reasons, which is
between Warren Road and Sanderson Avenue. As of 9:30 p.m. on March 12, a
hard closure went in at Costin and Walden Weaver Road, noting detour
information is available. She stated they are awaiting federal bridge funding,
which has been approved and are estimating the bridge to be closed around six
months.
11B. Commissioner Middleton expressed appreciation to the Commission, Caltrans,
and everyone who responded so quickly to the weather emergency that occurred
in the Coachella Valley on February 14. There were four of the seven roads that
access the city of Palm Springs that went down and all were re-opened very
promptly.
11C. Chair Washington announced March 8 he toured some storm damage to SR-74 as
well as SR-243 and was provided an opportunity to learn more about how
highways were built. The work on SR-74 and SR-243 Caltrans is projecting will take
at least another four months. Although, SR-74 in some spots can be driven with
escorts and SR-243 is not capable for vehicle traffic. He encourages the
Commissioners to not just focus on your city but the entire transportation network
within Riverside County and how it affects businesses and public safety.
11D. Anne Mayer announced RCTC launched the #RebootMyCommute public
engagement campaign and so far the results are very impressive. RCTC’s
information on Facebook, Instagram, Twitter, and You Tube have already been
viewed more than 2.2 million times with over 484,000 engagements, and received
150 comments from the public through the Commission’s interactive web tool at
rebootmycommute.org regarding how they want to see transportation improved
Riverside County Transportation Commission Meeting Minutes
March 13, 2019
Page 14
in Riverside County. She expressed appreciation that staff is seeing constructive
and thoughtful feedback from all parts of the County from several different
perspectives and she highlighted some of the comments received. This campaign
will run through June and staff will provide regular updates to the Commission
through the quarterly communication reports and through the Future Funding
Initiatives Ad Hoc Committee. She requested the Commissioners notify staff if
they want to set up something either with their city council or community groups
so their voices can be heard.
Anne Mayer reminded the Commissioners the Commission will be hosting a Tele-
Town Hall: Western County on March 19 with Commissioner Washington leading
that meeting; and on March 20 Tele-Town Hall: Coachella Valley with Second Vice-
Chair Jan Harnik leading that meeting.
12. CLOSED SESSION
12A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Agency Negotiator: Executive Director or Designee
Item APN(s) Property Owner Buyer(s)
1
102-092-030, 102-092-031,
102-101-002, 102-101-033,
102-101-035, and 102-101-037
Riverside County
Transportation
Commission
Kingsfield
Development
Corp
2 102-250-056
Riverside County
Transportation
Commission
Dr. Nikan
Khatibi
3 118-301-010
Riverside County
Transportation
Commission
Bill Cortez
4 117-070-002 and 117-070-003
Riverside County
Transportation
Commission
Victor and
Manuel
Chavira
5 117-070-008
Riverside County
Transportation
Commission
Jose Esquivel
and Maria
Lopez
Riverside County Transportation Commission Meeting Minutes
March 13, 2019
Page 15
12B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Agency Negotiator: Executive Director or Designee
Item APN(s) Property Owner Buyer(s)
1 215-143-022
J.F. Davidson
Investments LLC,
3558 Fairmount LLC,
and Quattro D LLC
Riverside
County
Transportation
Commission
There were no announcements from the Closed Session Items.
16. ADJOURNMENT
There being no further business for consideration by the Riverside County Transportation
Commission, Chair Reed adjourned the meeting at 11:49 a.m. The next Commission
meeting is scheduled to be held at 9:30 a.m., Wednesday, April 10, 2019, Board
Chambers, First Floor, County Administrative Center, 4080 Lemon Street, Riverside.
Respectfully submitted,
Lisa Mobley
Clerk of the Board
AGENDA ITEM 6
PUBLIC HEARING
Agenda Item 6
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: April 10, 2019
TO: Riverside County Transportation Commission
FROM: Toll Policy and Operations Committee
Jennifer Crosson, Toll Operations Manager
THROUGH: Anne Mayer, Executive Director
SUBJECT: 15 Express Lanes Customer Transponder Account Fee Policies and Toll Policies
TOLL POLICY AND OPERATIONS COMMITTEE AND STAFF RECOMMENDATION:
This item is for the Commission to:
1) Adopt Resolution No. 19-003, “Resolution of the Riverside County Transportation
Commission Adopting the Amended and Restated Interstate 15 Express Lanes Toll Policy
Goals and Toll Policies”; and
2) Adopt Resolution No. 19-004, “Resolution of the Riverside County Transportation
Commission Regarding the 15 Express Lanes Transponder and Customer Account Fee
Policies”.
BACKGROUND INFORMATION:
Resolution 19-003 – Amended and Restated Interstate 15 Express Lanes Toll Policy Goals and
Toll Policies
In June 2016, the Commission adopted Resolution No. 16-011, “Resolution of the Riverside
County Transportation Commission Regarding Interstate 15 Express Lanes Toll Policy Goals and
Toll Policies”. Resolution No. 16-011 included overarching toll policies. As development of the
toll system progresses, the need to revise one of the toll policies adopted as a part of Resolution
No. 16-011 arose as did the need to adopt transponder and account fee policies.
Resolution No. 16-011 provided for a 50 percent toll discount for zero emission vehicles three
months following the opening of the 15 Express Lanes. At the time the resolution was adopted,
the Commission had no technical solution for uniquely identifying zero emission vehicles, so they
were to be treated the same as vehicles with three or more passengers (HOV3+). Since that time,
staff has worked, as part of the California Toll Operators Committee, to develop a method for
identifying qualified zero emission vehicles to address concerns over the impact of heavily
discounted zero emission vehicles on express lanes’ performance.
The 15 Express Lanes toll system will be able to identify qualified zero emission vehicles through
their FasTrak® account, allowing for a unique zero emission vehicle toll discount. Staff
1
Agenda Item 6
recommends that Resolution No. 19-003 be adopted to amend the discount for qualified zero
emission vehicles to 15 percent. This discount is to be applied commencing upon the 15 Express
Lanes opening. Zero emission vehicle owners will be required to register their zero emission
vehicle with the 15 Express Lanes Customer Service Center, or with their account holding agency
if other than the 15 Express Lanes, so they can receive a discount on the 15 Express Lanes. On
March 1, 2019, the Los Angeles Metro Express Lanes will commence a 15 percent discount for
qualified zero emission vehicles. Workshops with other California express lanes operators
indicate that they will be seeking to enact a discount of 10 percent to 15 percent for qualified
zero emission vehicles.
Resolution 19-004 – 15 Express Lanes Transponder and Customer Account Fee Policies
Adoption of Resolution No. 19-004 will establish the transponder and customer account fees for
15 Express Lanes account holders. The 15 Express Lanes will open FasTrak® accounts for new
customers who do not already have a FasTrak® account with another California toll agency,
including the 91 Express Lanes. 15 Express Lanes account holders will be able to use the
transponder they obtain from the 15 Express Lane customer service center on any toll facility in
California for a seamless experience.
The 15 Express Lanes accounts will be prepaid accounts, requiring a customer to deposit a
prepaid toll amount for use in the payment of tolls. Accounts secured with a debit or credit card
will auto-replenish when the account funds become low. Accounts replenished with cash will be
required to make payment to maintain the required prepaid balance. The amount of prepaid
tolls is based on the amount of monthly toll usage and will vary from one customer to another.
The Commission must adopt a resolution for fees it will charge customers. The 15 Express Lanes
accounts are structured in a simple format with few fees to provide a transparent and simple
approach for customers.
The 15 Express Lanes Transponder and Customer Account Fee Table 1 below provides a listing of
the fees for approval by the Commission.
Table 1 - 15 Express Lanes Transponder and Customer Account Fee Schedule
Fee Type Fee Amount
Sticker Transponder Fee (internal and external) $5.00
Switchable Transponder Fee (includes a sticker transponder) $15.00
Mailed Paper Statement Fee $2.00
Monthly Account Fee $2.00
Non-Sufficient Fund Check Fee $25.00
Account Suspension Fee $25.00
Pay-by-Plate Fee $2.00
2
Agenda Item 6
Transponder Fees
The 15 Express Lanes will issue two types of transponders: sticker transponders and switchable
transponders. The recommended price is $5.00 for the sticker transponders and $15.00 for
switchable transponders. The price covers the Commission’s cost to purchase, inventory and
distribute transponders. A switchable transponder will be accompanied by a sticker transponder
as the goal is to have a sticker transponder in every vehicle and a switchable transponder in
vehicles wishing to earn a discount for carpooling. Business rules have been created to address
the replacement of faulty transponders at no cost to the customer.
Mailed Paper Statement Fee
As is common in the customer service industry, the 15 Express Lanes will be striving for the
delivery of statements electronically to reduce paper use and associated costs. Customers will be
defaulted to the e-statement method of delivery but will be given the option for a printed
statement on demand, monthly or quarterly, for $2 a statement. Statements will be available on
the 15 Express Lanes customer website allowing a customer to download and print a statement
at any time for no charge.
Monthly Account Fee
A monthly fee of $2 per account has been included to cover the cost of establishing and
maintaining the customer account system.
Non-Sufficient Fund Check Fee
The 15 Express Lanes will accept checks for both FasTrak® account payments and violation
payments. A check not honored by a customer’s bank will result in a fee charged by the
Commission’s bank and additional processing by the Commission and its contractor. A $25 fee is
proposed to cover the Commission’s cost.
Account Suspension Fee
If a customer fails to maintain a positive prepaid balance, the account will be suspended. Prior to
suspension, the customer will receive written, electronic and telephonic notifications regarding
the status of the account. If the customer fails to respond to such notification and continues to
use the transponder, the account will be suspended to prevent the account from creating
outstanding debt with the Commission. If a customer’s account is suspended twice in a twelve-
month period, a $25 fee will be assessed.
Pay-by-Plate Fee
The 15 Express Lanes will require the use of a properly mounted transponder. If a customer uses
the 15 Express Lanes without a transponder more times than allowed, a $2 fee will be attached
3
Agenda Item 6
to each transaction to cover the Commission’s cost. The customer service center will work with
customers to ensure they have a transponder for each of their vehicles, and that transponders
are properly mounted and functioning correctly prior to the assessment of the pay-by-plate fee.
SUMMARY:
The proposed 15 Express Lanes account fees are similar to those used on the 91 Express Lanes
and to the account fees imposed by other toll agencies in California. The revenue generated from
the proposed account fees was included in the financial model used to secure financing for the
15 Express Lanes.
The fees represent a simple approach to account management and are based on fiscally
responsible principles with the fees closely matching the Commission’s cost to provide account
management services.
The revised toll discount for qualified zero emission vehicles is also in line with the discount to
be applied by Los Angeles Metro Express Lanes and being considered by other toll agencies in
California.
Staff recommends that the Committee approve Resolutions No. 19-003 and 19-004 and forward
to the Commission for final action.
There is no fiscal impact related to the adoption of the toll policy goals and toll policies.
Attachments:
1) RCTC Resolution No. 19-003
2) I-15 Express Lanes Project – Toll Policy Report Adopted March 2019
3) RCTC Resolution No. 19-004
4
RESOLUTION NO. 19-003
RESOLUTION OF THE
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
ADOPTING THE
AMENDED AND RESTATED
INTERSTATE 15 EXPRESS LANES
TOLL POLICY GOALS AND TOLL POLICIES
WHEREAS, the Riverside County Transportation Commission (the Commission) is
preparing to operate the I-15 Express Lanes.
WHEREAS, the Commission adopted its original I-15 Express Lanes Toll Policy
Goals and Toll Policies on June 8, 2016 pursuant to adoption of Resolution No. 16-011.
WHEREAS, the Commission retains the authority to add, delete, or otherwise
modify its policies and procedures.
WHEREAS, the Commission desires to amend and restate, in its entirety, the
original I-15 Express Lanes Toll Policy Goals and Toll Policies in order to reduce the toll
discount offered to qualified zero emission vehicles from 50% to 15%.
WHEREAS, the proposed amendment to the policy is intended to address concern
over the impact of qualified zero emission vehicles on I-15 Express Lanes performance,
and is made possible because of advancements in tolling technology that allow for
application of a unique toll discount to these vehicles, as further detailed in the agenda
report accompanying this Resolution.
NOW, THEREFORE, be it resolved by the Riverside County Transportation
Commission as follows:
Section 1. The Riverside County Transportation Commission hereby adopts the
Amended and Restated Interstate 15 Express Lanes Toll Policy Goals and
Toll Policies attached as Exhibit A. The details of the policy have been
approved by the Commission, following the conduct of a public hearing,
and shall be communicated to the financial community, toll facility users,
and the general public.
ATTACHMENT 1
5
APPROVED AND ADOPTED this 10th day of April, 2019.
_____________________________________
Chuck Washington, Chair
Riverside County Transportation Commission
ATTEST:
_________________________________
Lisa Mobley
Clerk of the Board
6
EXHIBIT A
AMENDED AND RESTATED
INTERSTATE 15 EXPRESS LANES
TOLL POLICY GOALS AND TOLL POLICIES
[attached behind this page]
7
I-15 Express Lanes Project i
Toll Policy Report
Adopted March 2019
FINAL DRAFT | May 9 2016
ATTACHMENT 2
8
I-15 Express Lanes Project
Toll Policy Report
I-15 Express Lanes Project i
Table of Contents
Introduction .................................................................................................................................................. 1
Toll Policy Goals ............................................................................................................................................ 2
Toll Policy Summary ..................................................................................................................................... 4
Toll Policy Descriptions ...................................................................................................................... 6
1 – 2. Toll Pricing Objectives ................................................................................................................... 6
3. Hours of Operation ....................................................................................................................... 7
4. Carpool Occupancy Requirement ................................................................................................. 8
5 – 6. Toll Interoperability .................................................................................................................... 10
7. Project Development Costs ........................................................................................................ 12
8. Operations and Maintenance Costs ........................................................................................... 14
9. Project Repayment ..................................................................................................................... 16
10. Use of Revenue ........................................................................................................................... 17
11. Enforcement ............................................................................................................................... 18
12 – 14. Operations and Maintenance Responsibilities ........................................................................... 20
15. Signage ........................................................................................................................................ 22
16. Express Bus Integration .............................................................................................................. 23
17. Design – Facility Ingress and Egress ............................................................................................ 25
18. Design – Number of Lanes .......................................................................................................... 27
19. Toll Pricing Method..................................................................................................................... 28
20. Toll Exemptions and Discounts ................................................................................................... 30
21. Toll Payment Method ................................................................................................................. 33
22. Mobile Interface ......................................................................................................................... 35
23. High Occupancy Vehicle Declaration Options ............................................................................ 36
24. Express Lane Operations Facility ................................................................................................ 38
9
I-15 Express Lanes Project
Toll Policy Report
I-15 Express Lanes Project 1
Introduction
This report provides a description of the toll policies that form the basis for the Concept of Operations,
which serves as the framework for the ultimate design of the I-15 Express Lanes Project. These toll policies
will also be used as key assumptions for the I-15 Express Lanes Traffic and Revenue Study prepared
separately.
The I-15 Express Lanes Project will generally include two tolled express lanes in each direction on
Interstate 15 (I-15) in Riverside County between Cajalco Road in Corona and the State Route 60 (SR-60)
interchange, a distance of approximately 15 miles. The Project is being developed by the Riverside County
Transportation Commission (RCTC) in partnership with the California Department of Transportation
(Caltrans) and the Federal Highway Administration (FHWA). The Express Lanes are intended to improve
current and projected future congestion by adding capacity that can be managed and operated in a
manner consistent with the policies described in this document.
RCTC developed a set of toll policy goals that provided a foundation for the development of the policies
described in this document. These goals are described in the next section, followed by a table summarizing
each of the toll policies and how each policy achieves the stated goals.
10
I-15 Express Lanes Project
Toll Policy Report
I-15 Express Lanes Project 2
Toll Policy Goals
Description:
In partnership with federal, state, regional, and local agencies, RCTC develops and oversees transportation
plans, policies, funding programs, and both short-term and long-range solutions that address the county’s
increasing mobility, accessibility, and environmental needs.
The establishment of Express Lanes on I-15 within the County
has the potential to assist Riverside County in meeting many
of its mobility, air quality, and funding challenges. Vital to this
effort are toll policies which fulfill RCTC’s goals and objectives
for transportation system performance and revenue
sustainability.
RCTC’s toll policy goals and objectives are guidelines for
developing specific policies and business rules that inform the toll collection aspects of the design and
operation of the I-15 Express Lanes. Given the corridor’s adjacency to the SR-91 corridor, and the more
recent effort by RCTC in setting policies and goals for Express Lanes in that corridor, the toll policy goals
for I-15 are similar to those developed by RCTC for the Riverside 91 Express Lanes to provide for regional
consistency.
Background:
RCTC, in cooperation with the Caltrans, is proposing a project to improve traffic flow and reduce
congestion on a portion of I-15. The project proposes to construct two tolled Express Lanes generally in
each direction between the I-15/Cajalco Road interchange and the I-15/SR-60 interchange. All proposed
improvements are anticipated to be constructed within existing Caltrans right of way, with the majority
of the improvements occurring within the existing I-I5 median.
According to the I-15 Tolled Express Lane Corridor Improvement Program Draft Forecast Traffic Volume
Development Report, the primary purpose of the project is to address current and future (2040) travel
demand and improve traffic operations on the I-15 corridor, which has been identified as a corridor that
needs capacity improvements to address existing and projected capacity deficiencies from the accelerated
growth and development that has taken place in communities along the I-15 corridor and is expected to
continue. As a result of the on-going accelerated growth and development, the I-15 corridor will
experience increased congestion, longer commute times, increased energy consumption, air pollution,
higher accident rates and the degradation of the freeway mainline, local interchanges, and the adjacent
local arterials. The operational breakdown of these facilities is expected to have significant adverse
impacts on the economic vitality of the region and the transport of goods and services along this corridor.
11
I-15 Express Lanes Project
Toll Policy Report
I-15 Express Lanes Project 3
Recommendation:
RCTC staff recommends the following goals for the I-15 Express Lanes:
1. Provide Express Lane customers with a safe, reliable, and congestion free trip.
2. Deliver exceptional, consistent, and responsive customer service.
3. Enact toll policies that balance commute choice and lane availability for all customers.
4. Provide the infrastructure and an incentive for ridesharing and increased transit use as an
alternative to driving alone.
5. Generate sufficient revenue to meet Express Lane financial obligations to pay current and long-
term costs.
6. Use surplus revenues for transportation improvements exclusively within the Interstate 15
corridor.
12
I-15 Express Lanes Project
Toll Policy Report
I-15 Express Lanes Project 4
Toll Policy Summary
# Policy Topic Area Policy Recommendation
Toll Policy
Goal(s)
Met
Page
1 Toll Pricing Objectives Optimize person throughput in the
corridor while meeting debt obligations. 1,3,4,5 6
2 Toll Pricing Objectives
Establish toll pricing to routinely achieve
free-flow speeds of 60-65 mph, always
exceeding the 45 mph federal minimum
requirement.
1 6
3 Hours of Operation Charge tolls 24 hours a day, seven days a
week. 3,5 7
4 Carpool Occupancy
Requirement
Define carpools as vehicles occupied by 3
or more persons. 3,4 8
5 Toll Interoperability
Adopt the national interoperability
standard for automated toll collection
systems when adopted by the toll
industry.
2 10
6 Toll Interoperability
Adopt the new state interoperability
standard for automated toll collection
systems when adopted by the California
Toll Operators Committee.
2 10
7 Project Development Costs
Fund project development costs by
current and future Measure A sales tax,
toll revenue, and state and federal grants.
3,5 12
8 Operations and Maintenance
Costs
Fund operations, maintenance, and toll
enforcement costs by toll revenue. 2,5 14
9 Project Repayment
Repay Measure A sales tax bonds and toll
revenue bonds with future Measure A and
toll revenue, respectively.
5 16
10 Use of Revenue Use surplus revenue to fund Interstate 15
corridor transportation investments. 2,3,6 17
11 Enforcement
Enforce I-15 Express Lanes toll violations
through agreement with the California
Highway Patrol and any future state or
federal toll violation laws.
1,2 18
12 Operations and Maintenance
Responsibilities
Maintain Express Lanes and toll systems as
a responsibility of RCTC. 1,2 20
13
I-15 Express Lanes Project
Toll Policy Report
I-15 Express Lanes Project 5
# Policy Topic Area Policy Recommendation
Toll Policy
Goal(s)
Met
Page
13 Operations and Maintenance
Responsibilities
Perform customer service patrol and
incident management as a responsibility of
RCTC in cooperation with Caltrans and
other jurisdictions.
1,2 20
14 Operations and Maintenance
Responsibilities
Provide customer service and the account
relationships as a responsibility of RCTC. 2,5 20
15 Signage
Provide toll signage meeting the latest
California Manual of Uniform Traffic
Control Devices Standards.
1,2 22
16 Express Bus Integration Encourage express bus use through toll
policies and Express Lane operations. 3,4,6 23
17 Design – Facility Ingress and
Egress
Design the roadway and ingress and egress
locations meeting Caltrans design
standards where feasible and practical.
1,2 25
18 Design – Number of Lanes Construct and operate two Express Lanes
in each direction where possible. 1,2,5 27
19 Toll Pricing Method Use Dynamic Pricing to determine the toll
price. 1,3,5 28
20 Toll Exemptions and
Discounts
Provide toll discounts according to
legislation and for operations and
maintenance vehicles.
1,2 30
21 Toll Payment Method Require all vehicles to have a transponder
at time of travel. 1,2,4 33
22 Mobile Interface
Implement Mobile Web for FasTrak®
customers, but defer the Mobile Toll
Payment Application.
1,2,3 35
23 High Occupancy Vehicle
Declaration Options
Identify HOV3+ carpool customers via a
switchable transponder. 1,2,4 36
24 Express Lane Operations
Facility
Locate the call center, customer service
center and traffic management center and
administration in close proximity to the
Express Lanes.
2 38
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1 – 2. Toll Pricing Objectives
Description:
Express lane pricing serves as a tool to regulate demand and preserve optimal operating conditions. A
primary goal of express lanes is to maintain priority access for high occupancy vehicles (HOVs), buses and
vanpools to achieve high person throughput. In addition, federal requirements specify minimum
operating conditions for HOV and express lanes and prescribe the use of pricing as a means of meeting
those requirements. Express lane pricing also generates revenue that can be used to support project
development, operating and maintenance costs, and other improvements.
Recommendation:
1. Optimize person throughput in the corridor while meeting debt obligations.
2. Establish toll pricing to routinely achieve free-flow speeds of 60-65 mph, always exceeding
the 45 mph federal minimum requirement
Background:
A common goal of express lane projects around the country is to optimize the performance of the lanes
using pricing. The performance of express lanes can be measured in a number of ways, including person
throughput. And although not often stated as a primary goal of express lanes, revenue generation is
another measure of performance. Optimizing person throughput in express lanes is achieved by
maintaining priority service for HOVs, buses and vanpools by offering toll discounts and ensuring that the
express lanes maintain free-flow conditions for these vehicles.
Federal requirements define a degraded HOV or express lane facility as one that does not meet a minimum
average operating speed of 45 mph for 90 percent of the time over a 180-day monitoring period during
weekday peak hours. The requirements specify varying the toll charged to vehicles to bring a degraded
facility into compliance. As described in Section 19, dynamic pricing will be used to manage demand in
the Express Lanes. The pricing algorithm used to calculate the toll rates can be calibrated to ensure that
free-flow speeds of 60-65 mph are routinely achieved in the Express Lanes. Additionally, tolls can be set
to ensure that the project generates revenue that will be used to service debt obligations.
Assessment:
Optimizing person throughput is a common goal of express lane projects and is achieved by using pricing
as a mechanism to maintain priority access for vehicles carrying multiple occupants. Pricing will also be
used to ensure that the federal minimum operating requirements are met and that the Express Lanes
generate revenue necessary to service debt obligations.
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3. Hours of Operation
Description:
Express lane hours of operation define when toll collection will occur. Toll collection can occur during
traditionally defined peak periods or extended peak periods (part time), or can occur 24 hours a day, 7
days a week (full-time). Under part-time operations, all passenger vehicles would be allowed to access
the Express Lanes during off-peak hours. Under full-time operations, a minimum toll rate would be
charged during off-peak hours.
Recommendation:
Charge tolls 24 hours a day, seven days a week.
Background:
Express lanes hours of operation generally fall into one of the following categories:
1. Part-time operations – Toll collection occurs during defined periods of the day. When toll
collection is not in effect, the express lanes are open to all vehicles. Toll collection can occur
during defined morning and evening peak periods (e.g., 5am-9am and 3pm-7pm) or during
extended daytime hours (e.g., 5am-7pm).
2. Full time operations – Toll collection is in effect 24 hours a day, 7 days a week. During non-
peak times, the toll rate is often set to a minimum rate.
All HOV lanes in the Southern California region operate full time, with the exception of SR-14 between
Santa Clarita and Palmdale and SR-60 from Day Street to Redlands Boulevard. This is because Southern
California freeways experience sustained hours of congestion, with relatively short off-peak hours. Under
such conditions, part-time HOV operation would not be viable. Similar to the region’s HOV facilities, all
current and planned express lane facilities within the SCAG region are operating or will be operating with
full-time tolling. The 91 Express Lanes in Orange County and the extension into Riverside County operate
24/7, and the I-15 Express Lanes project planned in San Bernardino County has also adopted a 24/7 policy.
Having consistent policy helps enforcement and may contribute to a better understanding and reliance
on the express lanes network whenever congestion occurs.
Assessment:
Full-time tolling on the I-15 Express Lanes is recommended to maximize efficient operation of the Express
Lanes and general purpose lanes, and to be consistent with adjoining express lane facilities on the SR 91
and the planned I-15 Express Lanes in San Bernardino County.
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4. Carpool Occupancy Requirement
Description:
The HOV occupancy definition establishes the minimum occupancy requirements for discounted and/or
free travel within express lanes. This is important because there will be different traffic and revenue
results if carpools are defined as two or more persons per vehicle (HOV-2+) or three or more persons per
vehicle (HOV-3+).
Recommendation:
Define carpools as vehicles occupied by 3 or more persons.
Background:
Under Federal requirement (23 USC § 166), HOV and express lanes
facilities must maintain a minimum speed of 45 mph. Caltrans has the
responsibility of maintaining operations for the state’s HOV lanes, which
includes the authority to make operational changes (including
occupancy) provided they are compliant with federal and state
regulations. Multiple sections of California law pertain to HOV policies on
express lanes. The specific legislative authorization given to each facility
in the state typically provides that particular entity the authority to set
rates and HOV policies on the respective facilities.
RCTC’s application for the I-15 Express Lanes Project approved by the
California Transportation Commission (CTC) states that vehicles with
three or more occupants will be allowed entry into the Express Lanes at
no cost initially. The Application acknowledges that it may be necessary
to charge for HOV-3+ in the future as demand for the Express Lanes increases.
According to the 2013 CA HOV Lane Degradation Report published by Caltrans, many HOV facilities in the
Southern California region are currently experiencing various degrees of performance degradation with a
HOV-2+ minimum occupancy requirement. As the region’s express lanes network expands, and demand
increases, the need to increase the minimum occupancy requirement becomes more apparent.
Currently, there are three existing and four planned (excluding this Project) express lane facilities in
southern California. The current practices for carpool occupancy policy are summarized as follows:
Existing Facilities
• Metro I-10 ExpressLanes – HOV-3+ toll-free during peak periods; HOV-2+ toll-free all other times
• Metro I-110 ExpressLanes – HOV-2+ toll-free
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• OCTA 91 Express Lanes – HOV-3+ toll-free, with the exception of eastbound PM peak period
operating with discount toll rates for HOV-3+
Planned Facilities
• OCTA 405 Express Lanes –Pending results of the Traffic and Revenue Study
• SANBAG I-10 Express Lanes – HOV-3+ toll-free
• SANBAG I-15 Express Lanes – HOV-3+ toll-free
• Riverside 91 Express Lanes – HOV-3+ toll-free, with the exception of eastbound PM peak period
operating with discount toll rates for HOV-3+
Assessment:
HOV-3+ is recommended as the minimum occupancy requirement for discounted travel for the I-15
Express Lanes. This is consistent with policy recommendations in the SCAG Regional Express Lanes
Concept of Operations and the adjoining SR-91 in Orange/Riverside Counties and future I-15 Express Lanes
in San Bernardino County.
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5 – 6. Toll Interoperability
Description:
Toll interoperability refers to the ability for customers to use multiple toll facilities with a single toll
account. Currently, there are various tolling protocols used across the United States to communicate
between the in-vehicle toll transponders and roadside toll readers and only a few of the systems allow a
customer to use the same toll transponder at other facilities across state lines. There are national and
state initiatives to adopt new interoperability standards.
Recommendation:
5. Adopt the national interoperability standard for automated toll collection systems when
adopted by the toll industry.
6. Adopt the new state interoperability standard for automated toll collection systems when
adopted by the California Toll Operators Committee.
Background:
The protocol for the exchange of transponder information for toll facilities in California is specified by Title
21 of the California Code of Regulations. The transponders used by California toll agencies are commonly
referred to as Title 21 transponders. These transponders are branded as FasTrak® and can be used on any
of the California toll facilities. California is the only state currently using the Title 21 transponders.
In 2012, the federal government passed Moving Ahead for Progress in the 21st Century, MAP-21, calling
for a national toll interoperability by 2016. The International Bridge, Tunnel, and Turnpike, Authority
(IBTTA) is the worldwide association representing toll facility owners and operators and the businesses
that that serve them. IBTTA has formed an Interoperability Committee that is working to advance the goal
of achieving national interoperability by 2016. They are in the process of selecting the transponder
protocols that will undergo further testing and analysis. The Title 21 transponders are not being
considered for the national standard.
Concurrent with the efforts of IBTTA, the California Toll Operators Committee (CTOC), which was formed
to facilitate interoperability within California, has developed a Transition Plan to replace the legacy
California protocol (referred to as “Title 21”) with a newer and less expensive protocol (referred to as
“6C”). This plan proposes that all toll facilities in the state be able to recognize the 6C protocol by 2018
Switchable Title 21
Legacy Title 21
WSDOT 6C Sticker
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with full transition by 2020. The 6C protocol is also one of the final protocols being evaluated for the
national standard and CTOC is represented in the discussions regarding national interoperability.
Assessment:
The I-15 Express Lanes will be consistent with the interoperability standards currently being assessed at
the national and state levels. In doing so, I-15 Express Lanes customers will only have to establish a single
toll account to travel on all toll facilities in the state and, depending on the outcome of the national
interoperability discussions, may be able to use their account to travel on toll facilities across the country.
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7. Project Development Costs
Description:
The I-15 Express Lanes will require funding for project capital costs, necessary for the final design,
construction, and initial deployment of the Express Lanes.
Capital costs include all items necessary to build new lanes or
retrofit existing lanes in order to provide an Express Lane
facility, including infrastructure construction, toll collection
implementation, and equipment. The funds for capital costs
may come from a number of sources, including Riverside
County “Measure A” sales tax revenue or state and federal
grants. In addition, bonds could be issued or a federal loan
obtained for capital costs that are leveraged based on these
dedicated tax revenue sources and/or toll revenues from the actual Express Lane facility.
Recommendation:
Fund project development costs by current and future Measure A sales tax, toll revenue, and
state and federal grants.
Background:
Riverside County Measure A Sales Tax
Measure A is a Riverside County half-cent sales tax dedicated to
transportation. Voters approved the Measure A program in 1988, which
has raised over $1 billion for major highway and local road projects
throughout Riverside County. Voters extended Measure A in 2002,
ensuring that the program will continue to fund transportation
improvements through 2039.
Federal Funding
In addition to local funding through Measure A, there are multiple federal programs facilitated through
the FHWA that could potentially be used to fund the I-15 Express Lanes. These programs are intended to
award funds to projects that upgrade facilities in order to reduce congestion or improve safety. These
sources could include, but are not limited to, the Surface Transportation Program, the Highway Safety
Improvement Program, Congestion Mitigation and Air Quality funds, or a loan awarded through the
Transportation Infrastructure Finance and Innovation Act (TIFIA).
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State Funding
California state funding could potentially be available through the State Transportation Improvement
Program (STIP). The CTC administers the STIP, which awards funds to eligible highway projects
programmed by county transportation agencies.
Bonds
Many express lane projects throughout the country require some level of financing or debt. A limited tax
obligation bond is issued by a government entity which is secured by a pledge of a specific tax revenue
and can be used to fund certain capital improvements. However, the ability of a priced managed lane to
collect toll revenue creates a dedicated funding source, which could be used to issue and repay a bond.
These toll revenue bonds are the most popular to be issued by toll facilities. The authorizing statute for
the I-15 Express Lanes (Streets & Highways Code Section 149.8) permits RCTC to issue bonds to finance
the project.
Assessment:
Financing a project through the issuance of bonds or other means, allows for projects to offer the public
more immediate benefits of transportation infrastructure, while spreading the costs of that infrastructure
over the life of a project. In this way, the additional interest cost paid by the agency is outweighed by the
mobility and economic benefits of having the project available more quickly. Capital costs for the I-15
Express Lanes are to be funded through current and future Riverside County Measure A sales tax revenues
and project toll revenues through bond and TIFIA loan financing. Specifically, the recommendation is that
sales tax revenue bonds may be issued by RCTC and repaid through Measure A sales tax revenues, while
toll revenue bonds may also be issued and a TIFIA loan executed with repayment ensured through toll
revenues collected by the I-15 Express Lane facility. In addition, it is recommended that additional State
and Federal discretionary grant opportunities are sought to supplement project funding. RCTC’s project
plan of finance is currently being developed as part of project financing activities and will be brought for
Board approval in the future.
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8. Operations and Maintenance Costs
Description:
The I-15 Express Lanes will require funding for ongoing
operation and maintenance costs associated with the
project. Toll collection and dedication to enhanced
traveler benefits make express lanes unique when
compared to other highway projects, and often require
greater resources and funding for the operation and
maintenance of these services. The cost of express lane
operations includes toll collection, standard operations,
enhanced enforcement, incident response services, and
toll system and facility maintenance. Operation and
maintenance activities require a dedicated funding
source in order to be viable, which could include local,
state, or federal revenues, in addition to actual toll revenues collected as part of the project.
Recommendation:
Fund operations, maintenance, and toll enforcement costs by toll revenue.
Background:
As with all transportation infrastructure, a dependable and dedicated source of funding is necessary for
operations and maintenance. This is especially true for express lanes, where enhanced services can be
necessary to offer reliable travel time savings to toll paying customers. Express lanes are also unique in
that the revenue collected from tolls is able to be used as a dedicated source of operation and
maintenance funding.
The following are general express lanes operations and maintenance costs:
Toll Collection Costs
Toll collection costs include all costs associated with processing tolls payments, including the labor and
materials required to manage customer accounts, perform license plate image reviews, process toll
violations and provide general customer service. In addition, the cost of distributing and managing
transponder inventory is included.
Standard Operation Costs
Standard operation includes costs associated with labor and equipment necessary to manage express lane
operations, including personnel to monitor traffic and toll operations, generate reports, public outreach,
management and oversight, etc.
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Enhanced Enforcement
In order to manage express lanes demand, it is important that the vehicles using express lanes are either
paying the posted toll or meeting the HOV requirement. A thorough enforcement program including the
presence of the California Highway Patrol (CHP) is necessary to maintain motorist compliance.
Incident Response Services
In order to offer a dependable travel time savings, it is important that incident response resources be
available to remove any disabled vehicles or objects which may prevent free-flow conditions.
Toll System and Facility Maintenance
Maintenance costs associated with express lanes include the inspection, upkeep, and replacement of the
facility itself and items necessary for toll operation including roadside toll collection equipment and
infrastructure, communications infrastructure, and all other hardware and software elements.
Assessment:
It is recommended that operation and maintenance costs for the I-15 Express Lanes be funded through
toll revenue. Under this assumption, the resources and services necessary for Express Lanes operations
will be funded from the project itself. Funding operations through project revenue will require that
Express Lane tolls are set at a rate that ensures mobility and travel time benefits to customers, while also
generating sufficient revenue to effectively operate the Express Lanes and meet debt obligations.
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9. Project Repayment
Description:
As described in Section 7, sales tax and toll revenue bonds are anticipated to be issued by RCTC and a
federal TIFIA loan executed to finance the I-15 Express Lanes development costs. Sales tax revenue bonds
are to be backed by future Measure A tax revenues and toll revenue bonds are to be backed by future
revenues generated by the Express Lanes. Therefore, funds for the repayment of these bonds will be
obtained through revenues to be generated by the Measure A sales tax and operation of the Express
Lanes.
Recommendation:
Repay Measure A sales tax bonds and toll revenue bonds with future Measure A and toll
revenue, respectively.
Background:
The authorizing statute for the I-15 Express Lanes (Streets & Highways Code Section 149.8) permits RCTC
to issue bonds to finance the project. It is RCTC’s intent to issue bonds backed by both Measure A sales
tax revenues and future toll revenues and to repay the bonds using these revenue sources.
Assessment:
Consistent with the obligations of issuing bonds, RCTC will repay bonds using revenues generated by
Measure A sales taxes and Express Lane tolls.
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10. Use of Revenue
Description:
Express lanes charge tolls and generate toll revenue as a normal function of operation. The I-15 Express
Lanes will require an expenditure plan for all revenue, outlining what activities or functions will be funded
from collected toll payments. As stated in Section 9, it is recommended that toll revenues should be used
toward repayment of bond debt issued on behalf of the project and also to fund facility operations,
maintenance, and enforcement. However, net excess revenue may remain after payments toward
operation and maintenance costs and debt service obligations. There are multiple projects and programs
which could be funded through the net excess toll revenue from the I-15 Express Lanes.
Recommendation:
Use surplus revenue to fund Interstate 15 corridor transportation investments.
Background:
The goal of most express lane facilities is to generate enough revenue to cover basic operations and
maintenance, meet debt obligations (if applicable), as well as to fund replacement and upkeep to the
extent that adequate revenue is available. Other facilities dedicate portions of net excess revenue to fund
enhanced transit operations within the express lane facility, such as I-15 in San Diego and I-95 in South
Florida. Statutes for the Metro I-110 and I-10 ExpressLanes in Los Angeles County state that toll revenue
must first cover the costs incurred in connection with implementation/operation of the program. Metro
reinvests surplus toll revenue into the corridor through a grant program. In addition, the 91 Express Lanes
in Orange County have adopted the policy of directing net excess revenues to capital improvements within
the SR-91 corridor.
The authorizing statute for the I-15 Express Lanes (Streets & Highways Code Section 149.8) permits excess
toll revenues to be used for the following purposes:
(A) To enhance transit service designed to reduce traffic congestion on I-15 or to expand travel
options along I-15. Eligible expenses include transit operating costs, acquisition of transit vehicles
and transit capital improvements.
(B) To make operational or capacity improvements designed to reduce congestion or improve the
flow of traffic on I-15. Eligible expenses include any phase of project delivery to make capital
improvements to onramps, connector roads, roadways, bridges, or other structures on I-15.
Assessment:
The toll revenue collected as part of the I-15 Express Lanes operations will be used primarily to fund
operation, maintenance, and enforcement costs of the facility, as well as to meet debt obligations for any
revenue bonds issued as part of the project. Any remaining net excess revenue will be used to fund
transportation improvements within the I-15 Express Lanes corridor consistent with authorizing statute.
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11. Enforcement
Description:
Express lanes require effective enforcement policies and programs to operate successfully. Enforcement
of vehicle occupancy requirements and toll payment is critical to protecting eligible vehicles’ travel time
savings and safety. Visible and effective enforcement promotes fairness and maintains the integrity of the
facility to help gain acceptance among users and nonusers.
Recommendation:
Enforce 1-15 Express Lane toll violations through agreement with the California Highway Patrol
and any future state or federal toll violation laws.
Background:
Adequate and effective enforcement policies
and incident management are integral elements
to express lanes operations to ensure that the
facilities are operating at the intended level of
performance. Enforcement of vehicle
occupancy and/or toll payment requirements is
critical to protecting eligible users’ travel-time
savings and safety. Visible and effective
enforcement promotes fairness and maintains
the integrity of the facility to help gain
acceptance among users and non-users.
The enforcement concept for many express lane
facilities around the country involves a combination of manual and automated enforcement strategies.
Manual enforcement requires CHP officers to be present during the peak hours to serve as a visual
deterrent and to monitor vehicles to ensure they are complying with express lane operating policies.
Observation areas are provided at strategic locations for officers to park and monitor beacons that
illuminate when a vehicle passes through with a switchable transponder (see Section 23 of this report) set
to a high-occupancy setting. Beacon lights provide a visual cue for officers to visually inspect the vehicle
to verify whether it meets the occupancy requirement. The beacons can also be used to indicate when no
transponder or an invalid transponder was detected and can be strategically placed to support stationary
enforcement as well as enforcement by officers driving the corridor.
CHP will also be relied upon to enforce all other moving violations, including illegal crossing of the express
lanes buffer and the requirement for vehicles to have properly mounted license plates.
In addition to manual enforcement, License Plate Recognition (LPR) cameras will be located at toll points
to capture the license plates of vehicles for which no transponder was detected. If the license plate is able
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to be matched to an account, then the toll amount will be deducted from the account. Otherwise, the
license plate information is sent to the Department of Motor Vehicles (DMV) to determine the address of
the registered owner for issuance of a toll violation.
In the Southern California region, HOV and express lanes enforcements are generally conducted by the
CHP in conjunction with automatic tolling systems. The four operating express lane facilities in Southern
California, Metro I-10 ExpressLanes, Metro I-110 ExpressLanes, OCTA 91 Express Lanes, and SANDAG’s I-
15 Express Lanes are all under contract with CHP to conduct violation enforcement. These facilities also
employ beacon lights and CHP observation areas where possible.
Assessment:
Given national experience, including experience with the four express lanes operated in Southern
California, manual enforcement is a proven component of successful express lane operations. The
presence of CHP vehicles instills confidence to customers and serves as a deterrent for those that may
violate. RCTC will establish an agreement with CHP officers to enforce the I-15 Express Lanes and provide
CHP the necessary tools such as enforcement beacon lights and access to transponder information to
effectively enforce. In addition, LPR cameras will be used to enforce the requirement for vehicles to carry
a transponder.
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12 – 14. Operations and Maintenance Responsibilities
Description:
Express lanes operations and maintenance responsibilities can be managed in a number of ways. These
responsibilities include the maintenance of all equipment associated with the toll system, providing
oversight of operations and incident management, and providing customer service to manage customer
accounts. Each of these responsibilities is integral to the overall performance and operation of the express
lanes. Express lane implementing agencies can use agency staff, contract staff or share responsibilities
with other agencies.
Recommendations:
12. Maintain Express Lanes and toll systems as a responsibility of RCTC.
13. Perform customer service patrol and incident management as a responsibility of RCTC in
cooperation with Caltrans and other jurisdictions.
14. Provide customer service and the account relationships as a responsibility of RCTC.
Background:
Express lane operation and maintenance functions require dedicated resources to maintain hardware and
software, monitor performance and manage customer accounts. These functions are described in more
detail below.
Toll Systems Maintenance
The maintenance of toll systems includes the inspection, upkeep, and replacement of the items necessary
for toll operations and the supporting infrastructure. Roadside toll collection equipment, communication
network components, servers and workstations are all elements of a working toll system that require
routine maintenance. Most express lane operating agencies enter into contracts with toll service
providers to not only design and construct the toll systems, but also to operate and maintain them for
some period of time. The toll system providers are required to develop maintenance tracking systems that
keep track of the maintenance requirements for all elements of the toll system. These systems send alerts
when there is an equipment malfunction, track maintenance response times, and keep track of equipment
inventory.
Performance Monitoring and Incident Management
An important component of express lane operations is the ability to monitor traffic performance in real-
time to ensure that the express lanes are maintaining optimum conditions. This is accomplished using
roadside vehicle detection equipment and closed-circuit television cameras that send real time
information to a facility where operators can monitor. Operators have the ability to override the toll
system (e.g., display a message such as “HOV ONLY”) when conditions warrant and to coordinate with
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Caltrans, CHP and other jurisdictions as needed. In addition, operators have the ability to dispatch tow
trucks to clear incidents.
Some express lane operators choose to co-locate their express lane
monitoring functions within a regional monitoring center and others choose
to establish a dedicated monitoring facility. An example of a regional
monitoring center is the Inland Empire Transportation Management Center
(IETMC), which serves as an intermodal traffic management facility for San
Bernardino and Riverside Counties and is staffed by both Caltrans and CHP
personnel. The IETMC opened to service in 2011 and is located in the City of
Fontana at the interchange of the I-15 and I-210.
Customer Service
Customer service includes all of the functions related to account management, payment processing,
transponder distribution, violation processing and providing general customer support. Some of these
support activities, often referred to as “back office” activities, can take place at offsite facilities. Examples
of activities that can be performed offsite include call taking and license plate image review. However, the
location(s) of some customer service functions are ideally located in close proximity to the express lanes,
including walk-in customer service, customer call center and transponder distribution.
Assessment:
Express lane operating agencies typically procure a contractor to carry out customer service
responsibilities due to the amount of specialized systems and labor required. RCTC will contract with a toll
services provider to design, implement, operate and maintain all aspects of the I-15 Express Lanes toll
system. The RCTC Operations Center (see Section 24) will serve as the hub of all customer, maintenance,
and operating activities.
Inland Empire Transportation
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15. Signage
Description:
The California Manual of Uniform Traffic Control Devices (California MUTCD) provides uniform standards
and specifications for all traffic signage in California. The most recent version of the California MUTCD,
published in 2014, includes signing guidelines and requirements for express lane facilities. These
requirements are intended to standardize the way that express lanes throughout the state are signed to
make it easier for the traveling public to understand express lane operating requirements.
Recommendation:
Provide toll signage meeting the latest California Manual of Uniform Traffic Control Devices
standards.
Background:
The general signing requirements for all new highway projects, including express
lanes, must comply with the 2014 California MUTCD. The California MUTCD
includes requirements for different types of express lane configurations and
operating requirements. Of particular relevance to the I-15 Express Lanes, are
those signs that depict a restricted access facility where all vehicles in the express
lanes are required to have a FasTrak® account.
Express lane signs included in the California MUTCD generally fall into the following categories:
• Overhead-mounted signs designating the start and end of the express lanes as well as
intermediate access points.
• Overhead-mounted pricing signs that display the toll amount to given downstream locations. In
accordance with the guidance in the MUTCD, pricing signs display the current toll to no more than
two downstream destinations. Changeable message elements will be used to indicate the toll rate
to travel to the destination shown. These signs will also specify the HOV occupancy requirement
and that a FasTrak® account is required for vehicles to use the facility.
• Median mounted and overhead signs that display the carpool occupancy requirement, the
FasTrak® account requirement and hours of operation.
Assessment:
The I-15 Express Lanes signage will conform to the standards in the California MUTCD. The design and
implementation of the signage will be the result of several sign workshops and plan reviews that will
include Caltrans and the FHWA.
Example Pricing Sign
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16. Express Bus Integration
Description:
Transit is an important component in express lanes. If managed through variable pricing to maintain a
minimum level of service, express lanes create efficient and reliable transit corridors compared to
previously congested freeways. Of the existing HOV and express lanes facilities in the southern California
region, most are already served by express bus services. Operating express bus service on express lanes
offers several key benefits:
• Shortens Travel Times
• Improves Travel Time Reliability
• Lowers Operating Costs
• Increases Person Throughput
• Encourages Carpooling and Transit Use
• Addresses Equity Concerns
• Builds Public Support
Recommendations:
Encourage express bus use through toll policies and Express Lane operations.
Background:
Currently, the Riverside Transit Agency (RTA) provides eight express bus
services throughout Riverside County, with one route (CommuterLink
Express 206) providing service along I-15 between Temecula and Corona.
The CommuterLink Express – Route 206 (Temecula-Murrieta-Lake Elsinore-
North Main Corona Metrolink Station) runs daily during weekdays on
approximately 30-minute headways, and the general fare costs $3.00 each
way (free with valid Metrolink Pass). Route 206 provides connections for
commuters travelling from Riverside County to other regions via the North
Main Corona Metrolink station.
In anticipation of the 91 Express Lanes extension in Riverside County, the RTA already has two new
RapidLink express bus routes programmed for deployment in 2017. These two routes, RapidLink 200 and
205, will provide connections between Riverside and Anaheim as well as Temecula and Anaheim via the
91 Express Lanes. The proposed I-15 Express Lanes will provide the opportunity for further expansion of
express bus services along the corridor.
Similar to express bus benefits, the I-15 Express Lanes can provide opportunities for enhancing and
promoting carpooling/vanpooling by commuters. Currently, there are eight Caltrans Park and Ride lots
along the I-15 corridor within Riverside County. Of the eight existing lots, three are located within the I-
15 Express Lanes Project corridor:
RTA CommuterLink Express
services
Nicholas Ventrone / The Transit
Coalition
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I-15 Express Lanes Project 24
• Canyon Community Church Park And Ride (1504 Taber Street, Corona) – 75 spaces
• Norco @ 6th Street Park And Ride (3945 Old Hamner Road, Norco) – 100 spaces
• Mira Loma Park and Ride (12105 Limonite Avenue, Mira Loma) – 76 spaces
Specialized Transit Services
It should be noted that not only will the fixed route bus service discussed benefit from the I-15 Express
Lanes, but also the Specialized Transportation Program funded by RCTC via Measure A funding along with
federal funding from the Job Access Reverse Commute (JARC) and New Freedom (NF) programs. These
specialized transit services (Dial-A-Ride paratransit) will most likely use the I-15 Express Lanes. In addition,
a handful of non-profit and special criteria providers that operate specialized transportation will also
benefit from using the I-15 Express Lanes.
Physical and Policy Considerations
Many of the physical design considerations for integrating bus service are similar to express lanes and
HOV lanes, which have well-established design criteria. Besides the physical design, each express lane
project has a unique set of policies in place that influences how well transit is integrated in a particular
corridor. Establishing a set of policies that improves transit service and capacity is also often essential in
building public support for often controversial toll lane projects and helps to neutralize the perception
that Express Lanes are “Lexus Lanes” that primarily benefit those with higher incomes.
Assessment:
Encouraging transit and offering benefits for express bus service is a key component of the I-15 Express
Lanes project. Coordination with RTA will take place during the design of the Express Lanes to ensure that
transit needs are taken into consideration.
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17. Design – Facility Ingress and Egress
Description:
This policy is related to the design of access locations, where vehicles can enter and exit the I-15 Express
Lanes. Regulating access is one of the fundamental tools to manage traffic flow in the express lanes, and
therefore, it is important to select the access points and design treatment early in the planning phase
along with the separation type to help minimize weaving conditions.
Recommendation:
Design the roadway and ingress and egress locations meeting Caltrans design standards where
feasible and practical.
Background:
Access treatments for express lane facilities fall into the following three categories:
Grade-separated direct access drop ramps Grade-separated drop ramps provide access to and from the
express lanes using dedicated grade direct access ramps. These types of ramps generally provide access
from adjacent freeways/arterials and park and ride facilities for express bus operations, and are desirable
where sufficient right-of-way and high traffic volumes in both the express lanes and general purpose lanes
warrant the need for such exclusive access. An example of a grade-separated drop ramp is the SR-91
eastbound direct connector to the southbound I-15 and vice versa being constructed as part of RCTC’s SR-
91 Corridor Improvement Project.
At-grade limited access
At-grade limited access provides access to and from the express lanes at
designated locations, typically through at-grade access openings that
serve as ingress, egress or combined ingress and egress. Physical barriers
or painted striping separates the express lanes from the adjacent general
purpose lanes between access locations. Three different approaches for
providing at-grade limited access include:
• Weave zones – provides combined ingress and egress by short
breaks to the physical barriers or striping at designated locations.
• Weave lanes – similar to weave zones, except movement is
facilitated by a change lane, which isolates the weaving from
both the express lanes and the general purpose lanes, thereby minimizing the potential for
unstable flow.
• Merge lanes – provide dedicated and separated ingress and egress (acceleration and
deceleration) lanes. The merge lanes allow drivers the opportunity to adjust their speeds to match
At-grade limited access
configuration on LA Metro
ExpressLanes
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the lane they are merging into. This design treatment further reduces the potential for unstable
flow, as conflicts are avoided in the access lane.
Continuous access
Continuous access allows vehicles to enter and exit the express lanes for the entire stretch without any
specific ingress/egress treatments. The striping that separates the express lanes from the general purpose
lanes are generally skip striped.
Assessment:
A limited access configuration is recommended for the I-15 Express Lanes because it can reduce toll
evasion, ensure greater access control, and is consistent with the access configuration of existing Southern
California HOV and express lanes. Further, a limited access configuration is less complicated to design and
has a far lower construction cost than direct access ramps and does not require as much toll equipment
as may be required for continuous access. Vehicles will be able to access the express lanes at intermediate
access points that provide access to local exits and interchanges. Between these points, access will be
restricted to prevent weaving and improve overall mobility. A map of proposed access locations is
accessible at http://i15project.info/express_lanes_access.php.
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18. Design – Number of Lanes
Description:
The number of express lanes to be implemented for a particular project is dependent upon several
variables, including traffic congestion, occupancy requirements and availability of existing right of way.
The Project Approval Document for the I-15 Express Lanes generally includes a two lane configuration in
each direction based on traffic and engineering analysis. This configuration is intended to add capacity,
improve operations and fits within existing right of way.
Recommendation:
Construct and operate two Express Lanes in each direction where possible.
Background:
A number of criteria must be considered when evaluating the
capacity needs of an express lanes project. These include
existing and projected traffic congestion, toll discount
policies, and the cost and availability of right of way. Some
express lane projects simply convert an existing HOV lane to
an express lane, others convert an existing lane and construct
an additional lane (e.g., LA Metro I-10 ExpressLanes), and
others construct an entirely new lane or lanes (e.g., I-680SB
Express Lane in the Bay Area).
There are currently no existing HOV lanes within the I-15
project limits. The preliminary engineering performed as part
of the project identified a need for a two lane configuration in each direction to serve future traffic
demand. This configuration fits within the existing right of way and helps to ensure that the facility will be
able to sustain a high level of service.
Assessment:
The recommendation for a two lane configuration in each direction where possible is consistent with the
project schematics and serves projected traffic demand while fitting within existing right of way.
Two lane configuration on LA Metro I-10
ExpressLanes
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19. Toll Pricing Method
Description:
Express lanes use pricing to manage the number of toll paying customers using the facility. Managing the
number of users allows the express lanes to meet performance goals such as those described in Section 1
and Section 2. Variable pricing is to be used to manage traffic, whereby the cost to use the express lanes
is directly related to the level of demand for the express lanes. As demand increases, raising the tolls will
help manage demand in order to maintain federal performance requirements. Conversely, the price
decreases as demand decreases to incentivize more vehicles to utilize the available capacity. Two variable
pricing methods are currently in use on facilities across the country: time-of-day pricing and dynamic
pricing.
Recommendation:
Use Dynamic Pricing to determine the toll price.
Background:
Time-of-Day Pricing
Time-of-day pricing employs a fixed toll rate
schedule with different toll rates by travel
direction, time of day and day of the week. Time-
of-day pricing is actively used on the 91 Express
Lanes and on express lanes in Denver and
Houston. Time-of-day pricing is effective when
traffic patterns remain relatively consistent over
time. For instance, if congestion reaches the
same level at the same time every Monday, then
a static price that is capable of maintaining the
desired level of traffic volume can be used for
that time period.
With time-of-day pricing, tolls vary according to a fixed schedule, with different prices charged based on
direction of travel, day of the week, and hour of the day. The toll rates are determined based on historical
travel conditions in the corridor, and vary according to demand and congestion. The performance of
express lane facilities using time-of-day pricing requires evaluation on a regular basis to ensure that free
flow conditions are being maintained in the express lanes. If travel conditions on the express lanes
deteriorate over time, the rates should be increased. Similarly, rates can also be lowered when the express
lanes are found to have excess capacity that is not being used effectively. On the 91 Express Lanes,
performance is monitored daily and evaluated every three months.
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Dynamic Pricing
Dynamic pricing employs toll rates that vary in real time
based on actual travel conditions detected in the
corridor. Dynamic pricing is actively used on most
California express lanes, including I-10 and I-110 (Los
Angeles), I-15 (San Diego), I-680 (Alameda County), and
I-880 / SR-237 (San Jose). Dynamic pricing is effective
on facilities that have a high level of variability in
congestion throughout each day and from day to day.
For instance, if a facility does not have a peak period
that is consistent from one day to the next or has a high
rate of incidents that impact traffic, dynamic pricing
allows for the adjustment of the price to match the
actual real-time traffic conditions.
Dynamic pricing provides a real-time monitoring and response capability for express lane operations.
Dynamic pricing requires capital investment for both the algorithm and the traffic detection system and
also requires ongoing monitoring and maintenance of the pricing algorithm and traffic detection system.
Like the time-of-day pricing, dynamic pricing requires variable message signs to communicate price to
customers.
Assessment:
In order to be responsive to real-time traffic conditions that may vary from day to day, it is recommended
that the I-15 Express Lanes use dynamic pricing. Despite the higher capital costs of deployment as
compared to time-of-day pricing, dynamic pricing will be valuable to manage traffic and ensure the facility
provides reliable travel at all times. The ability to readily adjust pricing and manage demand through
dynamic pricing will allow for flexibility, particular in the critical area of overlap with the 91 Express Lanes
that use time-of-day pricing.
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20. Toll Exemptions and Discounts
Description:
Toll discounts and exemptions are required by legislation, law and by agreement with project partners.
Discounts have an impact on revenue, operations, customer service center systems and enforcement. It
is important to establish toll discounts or exemptions at an early stage to allow for the evaluation of
operational impacts and for inclusion in system design.
Recommendation:
Provide toll discounts according to legislation and for operations and maintenance vehicles.
Background:
A review of project agreements and legislation suggested that the following vehicle types require
evaluation for toll discounts.
Transit
One of the primary goals of express lane facilities is to offer enhanced transit service. California Vehicle
Code defines qualifying mass transit, paratransit and vanpool vehicles, including those that are publically
or privately funded. These vehicles will be allowed to travel toll-free in the I-15 Express Lanes at all times.
With the passage of the Fixing America’s Surface Transportation Act (the FAST Act) on December 4, 2015,
U.S. Code was amended to enable privately-owned buses servicing the public to utilize toll facilities under
the same rates, terms and conditions as other public transportation vehicles. RCTC will establish
agreements with operators to facilitate toll-free travel at all times.
High-Occupancy Vehicles
The application for the I-15 Express Lanes project approved by the CTC and the Federal Agreement
between RCTC, FHWA and Caltrans provide direction with regard to the tolling of HOVs. In both instances,
HOVs are defined as vehicles with three or more occupants (HOV-3+). The authorizing statute for the
Express Lanes (Streets & Highways Code Section 149.8) also specifies free travel for HOV-3+ vehicles
initially upon opening.
There is no mechanism to regulate the demand of HOV-3+ vehicles when there is a 100% toll discount. As
the HOV-3+ volume becomes an increasingly larger percentage of the total I-15 Express Lanes traffic, it
will become increasingly difficult for the dynamic pricing algorithm to effectively manage demand and
preserve free flow operations in the I-15 Express Lanes. Therefore, it is recommended that the speeds in
the I-15 Express Lanes be monitored to determine when the lanes are being degraded. If the average
speed in the Express Lanes drops to 60 mph three or more times in a thirty day period after three months
of operation, the HOV-3+ discount will be reduced to 50%. The 100% discount will be in place for at least
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I-15 Express Lanes Project 31
the first three months of operation to allow for customers to adjust to the new facility and to incentivize
use of the I-15 Express Lanes by carpoolers.
Motorcycles
California Vehicle Code 21655.5(b) provides for free passage on preferential lanes for motorcycles.
Motorcycle toll transactions will be processed either through a transponder or by reading their license
plate.
Zero Emission Vehicles (ZEVs)
Legislation (AB 1721), enacted as California Vehicle Code Section 5205.5,
allows motorists driving ZEVs displaying a DMV-issued Clean Air Vehicle
decal to travel in express lanes with a toll-free or reduced rate toll. The
statute does not mandate the rate of reduction. The existing legislation
is set to expire January 1, 2019 ahead of the I-15 Express Lanes planned
opening.
Similar to the treatment of HOV-3+ vehicles, Tthe toll discount for ZEVs
will be 15% upon opening of the Express Lanes.reduced to 50% if average
speeds drop below 60 mph more than three times in a thirty day period
after three months of operation.
Emergency Vehicles
California Vehicle Code 23301.5 provides for toll exemption for specifically identifiable emergency
vehicles being driven while responding to or returning from an urgent or emergency call, engaged in an
urgent or emergency response, or engaging in a fire station coverage assignment directly related to an
emergency response. The common method of processing these tolls is through a “non-revenue” account
where the transaction is processed by the back office and posted to the account in order to provide a
method of monitoring usage. RCTC will establish agreements with the local emergency providers that will
outline the specific rules for these non-revenue accounts.
Maintenance and Operation Vehicles
In order to facilitate access to express lanes for the purposes of performing various maintenance tasks or
performing operational checks and testing, it is common for tolling authorities to grant toll-exemption for
vehicles being driven for these maintenance purposes. The common method of processing these tolls is
through a “non-revenue” account where the transaction is processed by the back office and posted to the
account in order to provide a method of monitoring usage.
Assessment:
In general, vehicles that are eligible to utilize HOV lanes in accordance with applicable federal or state law
will be allowed discounted access to the I-15 Express Lanes. This includes buses (public transit and
White and Green Clean Air
Vehicle Decals for HOV Lane Use
State of California / Dept. of
Motor Vehicles
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privately operated tour buses), vanpools, motorcycles, HOV 3+ vehicles, ZEVs, emergency vehicles, law
enforcement vehicles, and operation and maintenance vehicles. The following discount policies are
recommended for each of these vehicle types:
• In-service public transit vehicles, private buses, vanpools, and motorcycles will be 100%
discounted (toll free) at all times.
• All HOV-3+ and zero-emission vehicles (ZEVs) will be 100% discounted (toll free) for the first three
months of operation. The discount will be reduced to 50% if the average speed in the Express
Lanes drops below 60 mph three or more times in a thirty day period after three months of
operation.
• Emergency, law enforcement and Express Lanes maintenance vehicles will be 100% discounted
(toll free) at all times.
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21. Toll Payment Method
Description:
Electronic toll collection systems use automatic vehicle identification (AVI)
technology to toll vehicles. These AVI systems use in-vehicle transponders
and/or LPR cameras to identify vehicles for toll payment. Some facilities
require that all vehicles have a transponder as the primary means of toll
collection and use LPR cameras as a backup to capture vehicles that don’t
have a transponder or that have a transponder that fails to be detected.
Other facilities allow vehicles to travel without a transponder and use LPR
cameras as the primary means of toll collection; this system is known as
pay by plate tolling.
Recommendation:
Require all vehicles to have a transponder at time of travel.
Background:
Transponder-Based Toll Collection
Electronic toll collection using transponders is a proven technology with high accuracy. The cost
associated with the systems needed to process transponder transactions is lower than systems which
allow for toll payment by license plate. In addition, as California transitions from the legacy battery-
operated transponders to the new, less expensive 6C transponders, the cost for a transponder based toll
collection system will decrease even further making transponder based toll collection a far more efficient
method of collecting tolls.
Most toll facilities that rely on transponders for toll collection also include LPR cameras to capture vehicles
without a transponder to minimize revenue leakage. The license plate images are used to associate the
transaction with a toll account when a transponder is not read or to look up the registered owner’s
address for collection of the toll through a toll violation process.
As described in Section 23, HOVs are able to use switchable transponders to indicate their vehicle
occupancy status and receive the appropriate toll discount.
Pay by Plate
Pay by plate utilizes LPR cameras and Optical Character Recognition technology to identify a vehicle’s
license plate number. The automatically generated plate number is independently verified and validated
by toll operators in the customer service center, thereby increasing operational costs per toll transaction.
This technology is currently being used on Transportation Corridor Agencies (TCA) toll facilities in Orange
County, on all toll facilities in the Denver Metro Area (including express lanes), all Dallas / Ft. Worth area
toll facilities (including express lanes), Loop 375 express lanes in El Paso, and on the SR-520 and I-405
License-plate tolling equipment
Craig F. Walker / The Denver
Post
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express lanes in the Seattle area. The license plate numbers are collected and the name and addresses of
the registered users are requested from the state DMV, from which bills for all the tolls incurred during a
specific period are aggregated and sent out to collect payment. Pay by plate tolling not only requires more
processing costs, but it results in more revenue loss due to unidentifiable plates and registered owners
and lengthens the amount of time to collect toll revenue.
In a pay by plate scenario, HOVs are required to register their license plate in advance of making a trip so
the toll system can apply the appropriate toll discount.
Assessment:
Because toll payment by transponder is a proven, accurate solution with a lower transaction cost as
compared to pay by plate, it is recommended that RCTC open the I-15 Express Lanes with a requirement
that all vehicles have a transponder. Opening with a transponder requirement will encourage motorists
to open an account and obtain a transponder. LPR cameras will be used to enforce this requirement and
identify vehicles that don’t carry a transponder. This policy also allows HOVs to declare their status using
a switchable transponder as described in Section 23.
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22. Mobile Interface
Description:
Easy access to express lanes information is important to gain customer understanding and compliance.
Most toll facilities across the country maintain a website where users can find information about the toll
policies and access account information and many of these websites are accessible in a mobile format. In
addition, some facilities provide mobile applications that allow users to review recent toll activity and pay
tolls without a transponder.
Recommendation:
Implement Mobile Web for FasTrak® customers, but defer the Mobile Toll Payment Application.
Background:
Toll facilities across the country provide different mobile interfaces for customers as described below.
Mobile Website
Many websites currently include desktop and mobile versions. The mobile versions are intended to be
viewed from a mobile device such as a smartphone or tablet and typically include the same functionality
as the desktop site. A mobile website for express lanes could allow customers to access general express
lane information (operating policies, requirements for use, etc.) and to access account information.
Mobile Toll Payment Application
Depending upon business rules, some toll facilities allow users to user mobile
devices to pay tolls without the use of a transponder. For example, the TCA facilities
in Southern California allow users to pay tolls from a mobile application within five
days before or after a trip is made.
Assessment:
RCTC will require all users to carry a transponder (see Section 21), which is inconsistent with the idea of
allowing users to pay tolls using a mobile application. Therefore, a Mobile Payment Application will not
be deployed. However, users will have access to a mobile website to access Express Lanes information
and to make changes or payments to their account.
Transportation
Corridor Agency
Mobile Application
Interface
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23. High Occupancy Vehicle Declaration Options
Description:
The primary function of HOV declaration is two-fold: 1) provide a mechanism to easily separate toll payers
from those eligible to receive toll discounts, and 2) enable the efficient and effective enforcement of
occupancy violations. Two methods of occupancy declaration were considered: the use of self-declaration
lanes and switchable transponders.
Recommendation:
Identify HOV-3+ carpool customers via a switchable transponder.
Background:
There are different ways that express lanes can require toll-paying and toll-free vehicles to use the express
lanes. In Southern California, the carpool declaration options generally fall under the “declaration lane”
method (as used by the OCTA 91 Express Lanes and the Riverside 91 Express Lanes currently under
construction), and the switchable transponder method (as deployed on the I-110 and I-10 ExpressLanes
in Los Angeles County).
Self-Declaration Lanes
Many first generation express lanes involved conversion of
pre-existing, barrier-separated HOV lanes with adequate
right-of-way for positive separation between toll payers and
carpoolers. Known as the “declaration lane” option, this was
the mechanism designed and implemented on SR-91 in
Orange County, the first express lanes facility which opened in
1995. It will also be utilized on the 91 Express Lanes that are
under construction in Riverside County. Declaration lane
solutions require eligible carpools to diverge from the main
travel lanes to a separated lane at toll zones. These vehicles
are charged an appropriate discounted or zero-value toll, and
(if present) occupancy is validated by enforcement personnel
via visual scan. Vehicles without a transponder are considered violators – the same as if they traveled
through the main toll lanes without a transponder.
Switchable Transponders
This method provides a technological method for declaring carpool status on the express lanes through a
“switchable” transponder, as implemented on I-10 and I-110 in Los Angeles. Switchable transponders
allow the customer to self-declare their occupancy status on the transponder itself. The Los Angeles
transponder transmits multiple identifications (IDs), in order to associate the correct toll for a vehicle
Single occupancy vehicles (SOV) lane tolling
zone with separate declaration lane
FHWA Office of Operation/ Proposed I-95
Managed Lanes
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based upon its occupancy status. These IDs can be associated with a single
occupancy vehicle, HOV-2, and HOV-3+ setting directly on the transponder. For
compliant HOVs, the user declares the vehicle’s status on the transponder
(e.g., sliding the switch to “HOV2” or “HOV3+”), and the appropriate toll rate
would be collected. If the same vehicle is being operated without the required
occupancy, it would be required to declare appropriately on the transponder
and the correct toll would be collected. If no transponder is present (or if it is
malfunctioning), LPR (mounted on gantries or median poles) would be used to
collect full toll payment from the user (regardless of occupancy status).
Assessment:
It is recommended that the I-15 Express Lanes use switchable transponders for declaring occupancy.
Switchable transponders have been successfully deployed on other toll facilities in the state and
nationally. Also, as compared to declaration lanes, switchable transponders are more inexpensive to
deploy and do not require drivers to make weaving maneuvers while in the Express Lanes, which may
improve operational efficiency. With the enforcement strategy described in Section 11, CHP will have the
tools necessary to enforce the proper use of the switchable transponder so that violation rates can be
kept to a minimum.
Example Switchable
Transponder
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24. Express Lane Operations Facility
Description:
The I-15 Express Lanes will require a facility to house various components of the operations, including a
walk-in customer service center, customer call center, back office operations, image processing, finance
and administration, system administration and maintenance and traffic management center. RCTC will
provide the facility and the toll systems provider will supply the equipment, systems and staff to perform
the services.
Recommendation:
Locate the call center, customer service center and traffic management center and
administration in close proximity to the Express Lanes.
Background:
As described in Sections 12-14, RCTC will have the responsibility for I-15 Express Lanes maintenance,
traffic management and customer service functions. These functions would ideally be located in a single
facility to centralize I-15 Express Lanes operations and create synergies associated with co-located
services.
Four toll agencies operate in Southern California and each of them has a facility or facilities which house
the toll operations functions. Toll programs across the nation have experimented with remote staff
working from a contractor owned or sub-contracted facility. While this model has been successful for
some, it has the potential to degrade service, complicate supervisory functions and prohibit the synergy
gained from co-location of services.
The 91 Express Lanes toll operations staff is
being provided under a joint agreement with
OCTA. The 91 Express Lanes call center and walk
in staff are located at a leased facility near SR-91
and McKinley Street in the city of Corona. The
other toll operation services are located in a
leased facility near SR-91 and Weir Canyon Road
in the city of Anaheim. RCTC’s agreement with
OCTA to share toll operation services expires in
June of 2021. RCTC is currently procuring a toll
operator for the I-15 Express Lanes which will require a facility to house the toll operator and RCTC toll
operations staff, equipment and walk-in customer service location.
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Assessment:
I-15 Express Lanes operations and maintenance are the responsibility of RCTC. To ensure that the goals
for the I-15 Express Lanes are met, RCTC will be best served by co-locating the required services in a facility
in close proximity to the I-15 Express Lanes. The 91 Express Lanes have set the precedent for local
operations and customer service. Therefore, it is recommended that the customer service, traffic
management and other administrative functions be located in the local area adjacent to the I-15 corridor,
with a specific site to be determined. This facility will be referred to as the RCTC Operations Center, or
ROC.
48
RESOLUTION NO. 19-004
RESOLUTION OF THE
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
REGARDING THE
15 EXPRESS LANES
TRANSPONDER AND CUSTOMER ACCOUNT FEE POLICIES
WHEREAS, the Riverside County Transportation Commission (the Commission) is
preparing to operate the 15 Express Lanes.
WHEREAS, the Commission secured financing for the 15 Express Lanes based on certain
assumptions regarding transponder and customer account fee revenue.
WHEREAS, the intent of this Resolution is to establish the charge for providing
transponders and other customer account related items and services (Account Fee
Policies).
WHEREAS, the Commission has the authority to adopt the Account Fee Policies as
described herein.
NOW, THEREFORE, be it resolved by the Riverside County Transportation Commission
as follows.
Section 1. The recitals set forth above are true and correct and are incorporated by
reference as if fully set forth herein.
Section 2. The Riverside County Transportatio n Commission hereby adopts the
Account Fee Policies attached as Exhibit A to this Resolution.
ATTACHMENT 3
49
2
APPROVED AND ADOPTED this 10TH day of April, 2019.
Chuck Washington, Chair
Riverside County Transportation Commission
ATTEST:
Lisa Mobley
Clerk of the Board
50
3
Exhibit A
15 Express Lanes Transponder and Account Fee Policies
Fee Type Fee Amount
Sticker Transponder Fee (internal and external) $5.00
Switchable Transponder Fee (includes a sticker transponder) $15.00
Mailed Paper Statement Fee $2.00
Monthly Account Fee $2.00
Non-sufficient Fund Check Fee $25.00
Account Suspension Fee $25.00
Pay-by-plate Fee $2.00
51
15 EXPRESS LANES CUSTOMER
TRANSPONDER ACCOUNT FEE
POLICIES AND TOLL POLICIES
Agenda Item 6
Jennifer Crosson –Toll Operations Manager
1
Process
2
•Presented to Toll Policy and Operations Committee –
February 28, 2019
•10-day Public Notice Required
•Public Hearing –Today’s Commission Meeting
Two Resolutions
3
•Resolution No. 19-003 -Amended and Restated 15 Express
Lanes Toll Policy Goals and Toll Policies
•Resolution No. 19-004 -15 Express Lanes Transponder and
Customer Account Fee
19-003 -Amended and Restated 15 Express
Lanes Toll Policy Goals and Toll Policies
4
•Adopted in June of 2016
•Includes 24 toll policies needed to develop the project
•One of the 24 policies to be considered for amendment
–Clean Air Vehicle Discount
5
Agency issues
transponder and
verifies transponder
is installed on CAV
Agency places a
statewide
recognized code on
the vehicle plate
and transponder
Agency where the
plate and
transponder is read
issues discount
based on plate and
transponder code
Discounted
transaction posted
to account
Account holder
registers CAV with
their respective
agency
Ca. Toll
Operators
Solution
Clean Air
Vehicle
(CAV)
19-004 –15 Express Lanes Transponder
and Customer Account Fees
6
Fee Type Fee Amount
Sticker Transponder Fee $5
Switchable Transponder Fee $15
Mailed Paper Statement Fee $2
Monthly Account Fee $2
Non-sufficient Funds Check Fee $25
Account Suspension Fee $25
Pay -by-plate Fee $2
Recommendation
7
1)Adopt Resolution No.19-003 the amended and
restated 15 Express lanes toll policy goals and toll
policies;and
2)Adopt Resolution No.19-004 the 15 Express Lanes
Transponder and Customer Account fee policies
QUESTIONS
8
AGENDA ITEM 8A
Agenda Item 8A
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: April 10, 2019
TO: Riverside County Transportation Commission
FROM: Western Riverside County Programs and Projects Committee
Mark Lancaster, Right of Way Manager
THROUGH: Anne Mayer, Executive Director
SUBJECT: Agreements for On-Call Right of Way Support Services
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF
RECOMMENDATION:
This item is for the Commission to:
1) Award the following agreements to provide on-call right of way support services for a
three-year term in an amount not to exceed an aggregate value of $3 million:
a) Agreement No. 19-31-045-00 to Epic Land Solutions;
b) Agreement No. 19-31-046-00 to Overland, Pacific, & Cutler;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute
the agreements, on behalf of the Commission; and
3) Authorize the Executive Director, or designee, to execute task orders awarded to the
consultants under the terms of the agreements.
BACKGROUND INFORMATION:
Right of way services are necessary to support current Commission projects and future highway
and rail projects. The services provide include appraisal coordination, title/escrow services,
acquisition, residential/business relocation, utility relocation coordination, eminent domain
coordination, property management, right of way certification, and project closeout. In order to
meet project schedules, control costs, and assure compliance with federal and state regulations
and requirements related to right of way acquisition, staff recommends awarding contracts for
on-call right of way support services with the work to be issued on an as-needed task order basis.
Due to the amount of potential right of way support services required at this time, staff
determined an award to two firms was in the Commission’s best interest.
Procurement Process
Staff determined the weighted factor method of source selection to be the most appropriate for
this procurement as it allows the Commission to identify the most advantageous proposals with
price and other factors considered. Non-price factors include elements such as qualifications of
firm, personnel, and the ability to respond to the Commission’s needs for on-call right of way
52
Agenda Item 8A
support services as set forth under the terms of the Request for Proposals (RFP)
No. 19-31-045-00.
RFP No. 19-31-045-00 for on-call right of way support services was released by staff on January
17. A public notice was advertised in the Press Enterprise, and the RFP was posted on the
Commission’s PlanetBids website, which is accessible through the Commission’s website.
Through PlanetBids, 46 firms downloaded the RFP; 7 of these firms are located in Riverside
County. A pre-proposal conference was held on January 29 and attended by 6 firms. Staff
responded to all questions submitted by potential proposers prior to the
February 5 clarification deadline date. Six firms – Associated Right of Way Services (Pleasant Hill);
Briggs Field Services (Fresno); Continental Field Service (San Bernardino); Epic Land Solutions
(Riverside); Overland, Pacific & Cutler (Riverside); and Paragon Partners (Cypress) – submitted
responsive and responsible proposals prior to the submittal deadline on February 19. Utilizing
the evaluation criteria set forth in the RFP, the 6 proposals were evaluated and scored by an
evaluation committee comprised of Commission staff.
As a result of the evaluation committee’s assessment of the written proposals, the evaluation
committee determined two firms – Epic Land Solutions and Overland, Pacific & Cutler – to be the
most qualified firms to provide on-call right of way support services. The evaluation committee
recommends contract awards to these two firms for a three-year term in the aggregate amount
of $3 million, as these firms earned the highest total evaluation scores.
The overall evaluation ranking, based on highest to lowest total evaluation score, and the average
hourly rate are presented in the following table:
Firm Price* Overall Ranking
Overland, Pacific & Cutler $130.00 1
Epic Land Solutions $123.06 2
Paragon Partners $125.00 3
Associated Right of Way Services $191.66 4
Continental Field Service $137.50 5
Briggs Field Services $125.94 6
*Prices reflect average hourly rate for key personnel.
The multiple award, on-call, indefinite delivery/indefinite quantity task order type contracts do
not guarantee work to any of the awardees; therefore, no funds are guaranteed to any
consultant. Pre-qualified consultants will be selected for specific tasks based on qualification
information contained in their proposals and/or competitive fee proposals for the specific tasks.
Services will be provided through the Commission’s issuance of contract task orders to the
consultants on an as-needed basis.
The Commission’s model on-call professional services agreement will be entered into with each
consultant firm, pursuant to legal counsel review. Staff oversight of the contracts and task orders
will maximize the effectiveness of the consultants and minimize costs to the Commission.
53
Agenda Item 8A
Financial Information
In Fiscal Year Budget: Yes
N/A Year: FY 2018/19
FY 2019/20+ Amount: $ 250,000
$ 2,750,000
Source of Funds:
2009 Measure A, State Transportation
Improvement Program, Federal, and
Transportation Uniform Mitigation Fee
funds
Budget Adjustment: No
N/A
GL/Project Accounting No.:
002302 81403 00000 0000 210 73 81403
005104 81403 00000 0000 210 72 81403
005127 81403 00000 0000 210 72 81403
002317 81403 00000 0000 261 31 81403
003001 81403 00000 0000 222 31 81403
003038 81403 00000 0000 222 31 81403
003021 81403 00000 0000 262 31 81403
622402 81403 00000 0000 262 31 81403
004027 81403 00000 0000 265 33 81403
652402 81403 00000 0000 265 33 81403
653822 81403 00000 0000 265 33 81403
007201 81403 00000 0000 720 67 81403
007202 81403 00000 0000 720 67 81403
Fiscal Procedures Approved: Date: 03/11/2019
Attachment: Draft On-Call Professional Services Agreement
54
17336.00603\31171937.1
Agreement No. __-__-__- __
PROFESSIONAL SERVICES AGREEMENT
WITH PROPOSITION 1B, FTA AND FHWA FUNDING ASSISTANCE
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AGREEMENT WITH
[___CONSULTANT___]
FOR ON-CALL
RIGHT OF WAY SUPPORT SERVICES
Parties and Date.
This Agreement is made and entered into this ___ day of _______, 2018, by
and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("the
Commission") and [___NAME OF FIRM___] ("Consultant"), a [___LEGAL STATUS OF
CONSULTANT e.g., CORPORATION___]. The Commission and Consultant are
sometimes referred to herein individually as “Party”, and collectively as the “Parties”.
Recitals.
A. On November 8, 1988 the Voters of Riverside County approved Measure A
authorizing the collection of a one-half percent (1/2 %) retail transactions and use tax (the
"tax") to fund transportation programs and improvements within the County of Riverside,
and adopting the Riverside County Transportation Improvement Plan (the "Plan").
B. Pursuant to Public Utility Code Sections 240000 et seq., the Commission is
authorized to allocate the proceeds of the Tax in furtherance of the Plan.
C. On November 5, 2002, the voters of Riverside County approved an extension
of the Measure A tax for an additional thirty (30) years for the continued funding of
transportation and improvements within the County of Riverside.
D. A source of funding for payment for on-call professional consulting services
provided under this Agreement may be State Proposition 1B funds, Federal Highway
Administration Funds (“FHWA”) administered by the California Department of
Transportation (“Caltrans”), and/or funds from the Federal Transit Administration (“FTA”).
E. Consultant desires to perform and assume responsibility for the provision of
certain on-call right of way support services in the County of Riverside, California. Services
shall be provided on the terms and conditions set forth in this Agreement and in the task
order(s) to be issued pursuant to this Agreement and executed by the Commission and the
Consultant (“Task Order”). Consultant represents that it is experienced in providing such
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17336.00603\31171937.1
3
services to public clients, is licensed in the State of California (if necessary), and is familiar
with the plans of the Commission.
F. The Commission desires to engage Consultant to render such services on an
on-call basis. Services shall be ordered by Task Order(s) to be issued pursuant to this
Agreement for future projects as set forth herein and in each Task Order (each such
project shall be designated a “Project” under this Agreement).
Terms.
1. General Scope of Services. Consultant shall furnish all technical and
professional services, including labor, material, equipment, transportation, supervision and
expertise, and incidental and customary work necessary to fully and adequately supply the
on-call right of way support services for the Projects ("Services"). The Services are
generally described in Exhibit "A" attached hereto and incorporated herein by reference.
The Services shall be more particularly described in the individual Task Orders issued by
the Commission’s Executive Director or designee. No Services shall be performed unless
authorized by a fully executed Task Order. All Services shall be subject to, and performed
in accordance with, this Agreement, the relevant Task Order, the exhibits attached hereto
and incorporated herein by reference, and all applicable local, state and federal laws, rules
and regulations.
2. Commencement of Services. [___USE THIS PARAGRAPH IF NOTICE TO
PROCEED OR LIMITED NOTICE TO PROCEED HAS BEEN ISSUED___] Commission
has authorized Consultant to commence performance of the Services by a “Notice to
Proceed” or "Limited Notice to Proceed" dated _____________. Consultant agrees that
Services already performed pursuant to the “Notice to Proceed” or "Limited Notice to
Proceed" shall be governed by all the provisions of this Agreement, including all
indemnification and insurance provisions.
[___USE THIS SENTENCE IF NO NOTICE TO PROCEED OR LIMITED
NOTICE TO PROCEED HAS BEEN ISSUED___] The Consultant shall commence work
upon receipt of a written "Notice to Proceed" or "Limited Notice to Proceed" from
Commission.
3. Pre-Award Audit. As a result of the federal funding for this Project, and to the
extent Caltrans procedures apply in connection therewith, issuance of a “Notice to
Proceed” may be contingent upon completion and approval of a pre-award audit. Any
questions raised during the pre-award audit shall be resolved before the Commission will
consider approval of this Agreement. The federal aid provided under this Agreement is
contingent on meeting all Federal requirements and could be withdrawn, thereby entitling
the Commission to terminate this Agreement, if the procedures are not completed. The
Consultant’s files shall be maintained in a manner to facilitate Federal and State process
reviews. In addition, the applicable federal agency, or Caltrans acting in behalf of a federal
agency, may require that prior to performance of any work for which Federal
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17336.00603\31171937.1
4
reimbursement is requested and provided, that said federal agency or Caltrans must give
to Commission an “Authorization to Proceed”.
4. Audit Procedures. Consultant and subconsultant contracts, including cost
proposals and ICR, are subject to audits or reviews such as, but not limited to, a contract
audit, an incurred cost audit, an Independent Cost Review (ICR) Audit, or a CPA ICR audit
work paper review. If selected for audit or review, this Agreement, Consultant’s cost
proposal and ICR and related work papers, if applicable, will be reviewed to verify
compliance with 48 CFR, Part 31 and other related laws and regulations. In the instances
of a CPA ICR audit work paper review it is Consultant’s responsibility to ensure federal,
state, or local government officials are allowed full access to the CPA’s work papers
including making copies as necessary. This Agreement, Consultant’s cost proposal, and
ICR shall be adjusted by Consultant and approved by the Commission’s contract manager
to conform to the audit or review recommendations. Consultant agrees that individual terms
of costs identified in the audit report shall be incorporated into this Agreement by this
reference if directed by Commission at its sole discretion. Refusal by Consultant to
incorporate audit or review recommendations, or to ensure that the federal, state or local
governments have access to CPA work papers, will be considered a breach of the
Agreement terms and cause for termination of this Agreement and disallowance of prior
reimbursed costs. Additional audit provisions applicable to this Agreement are set forth in
Sections 23 and 24 of this Agreement.
5. Term.
5.1 This Agreement shall go into effect on the date first set forth above,
contingent upon approval by Commission, and Consultant shall commence work after
notification to proceed by Commission’s Contract Administrator. This Agreement shall end
three years from the date set forth above, unless extended by contract amendment. In no
case shall the term of this Agreement exceed three (3) years. All Task Order work should
be completed within the term.
5.2 Consultant is advised that any recommendation for contract award is
not binding on Commission until this Agreement is fully executed and approved by the
Commission.
5.3 This Agreement shall remain in effect until the date set forth above,
unless earlier terminated as provided herein. Consultant shall complete the Services
within the term of this Agreement, and shall meet any other established schedules and
deadlines. All applicable indemnification provisions of this Agreement shall remain in
effect following the termination of this Agreement.
6. Commission's Contract Administrator. The Commission hereby designates
the Commission's Executive Director, or his or her designee, to act as its Contract
Administrator for the performance of this Agreement ("Commission’s Contract
Administrator"). Commission’s Contract Administrator shall have the authority to act on
behalf of the Commission for all purposes under this Agreement. Commission’s Contract
Administrator shall also review and give approval, as needed, to the details of Consultant's
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17336.00603\31171937.1
5
work as it progresses. Consultant shall not accept direction or orders from any person
other than the Commission’s Contract Administrator or his or her designee.
7. Consultant's Representative. Consultant hereby designates [___INSERT
NAME OR TITLE___] to act as its Representative for the performance of this Agreement
("Consultant’s Representative"). Consultant's Representative shall have full authority to act
on behalf of Consultant for all purposes under this Agreement. The Consultant’s
Representative shall supervise and direct the Services, using his or her professional skill
and attention, and shall be responsible for all means, methods, techniques, sequences and
procedures and for the satisfactory coordination of all portions of the Services under this
Agreement. Consultant shall work closely and cooperate fully with Commission’s Contract
Administrator and any other agencies which may have jurisdiction over, or an interest in,
the Services. Consultant's Representative shall be available to the Commission staff at all
reasonable times. Any substitution in Consultant's Representative shall be approved in
writing by Commission’s Contract Administrator.
8. Substitution of Key Personnel. Consultant has represented to the
Commission that certain key personnel will perform and coordinate the Services under this
Agreement. Should one or more of such personnel become unavailable, Consultant may
substitute other personnel of at least equal competence upon written approval by the
Commission. In the event that the Commission and Consultant cannot agree as to the
substitution of the key personnel, the Commission shall be entitled to terminate this
Agreement for cause, pursuant to the provisions herein. The key personnel for
performance of this Agreement are: [___LIST NAMES AND TITLES___], or as otherwise
identified in the Task Order.
9. Standard of Care; Licenses. Consultant represents and maintains that it is
skilled in the professional calling necessary to perform all Services, duties and obligations
required by this Agreement to fully and adequately complete the Project. Consultant shall
perform the Services and duties in conformance to and consistent with the standards
generally recognized as being employed by professionals in the same discipline in the
State of California. Consultant warrants that all employees and subcontractors shall have
sufficient skill and experience to perform the Services assigned to them. Consultant further
represents and warrants to the Commission that its employees and subcontractors have all
licenses, permits, qualifications and approvals of whatever nature that are legally required
to perform the Services, and that such licenses and approvals shall be maintained
throughout the term of this Agreement. Consultant shall perform, at its own cost and
expense and without reimbursement from the Commission, any services necessary to
correct errors or omissions which are caused by the Consultant’s failure to comply with the
standard of care provided for herein, and shall be fully responsible to the Commission for
all damages and other liabilities provided for in the indemnification provisions of this
Agreement arising from the Consultant’s errors and omissions. Any employee of
Consultant or its sub-consultants who is determined by the Commission to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a
threat to the safety of persons or property, or any employee who fails or refuses to perform
the Services in a manner acceptable to the Commission, shall be promptly removed from
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17336.00603\31171937.1
6
the Project by the Consultant and shall not be re-employed to perform any of the Services
or to work on the Project.
10. Independent Contractor. The Services shall be performed by Consultant or
under its supervision. Consultant will determine the means, methods and details of
performing the Services subject to the requirements of this Agreement. Commission
retains Consultant on an independent contractor basis and not as an employee, agent or
representative of the Commission. Consultant retains the right to perform similar or
different services for others during the term of this Agreement. Any additional personnel
performing the Services under this Agreement on behalf of Consultant shall at all times be
under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries
and other amounts due such personnel in connection with their performance of Services
and as required by law. Consultant shall be responsible for all reports and obligations
respecting such personnel, including but not limited to, social security taxes, income tax
withholdings, unemployment insurance, disability insurance, and workers' compensation
insurance.
11. Task Orders; Commencement of Services; Schedule of Services.
Consultant shall commence Services under a Task Order within five (5) days of receiving a
fully executed Task Order from the Commission. Task Orders shall be in substantially the
form set forth in Exhibit “B” attached hereto and incorporated herein by reference. Each
Task Order shall identify the funding source(s) to be used to fund the Services under the
relevant Task Order, and Consultant shall comply with the requirements specified herein,
and in the attached exhibits, applicable to the identified funding source(s).
Consultant shall perform the Services expeditiously, within the term of this
Agreement, and in accordance with any schedule of Services set forth in a Task Order
(“Schedule”). Consultant represents that it has the professional and technical personnel to
perform the Services in conformance with such conditions. In order to facilitate
Consultant's conformance with the Schedule, the Commission shall respond to
Consultant's submittals in a timely manner. Upon request of Commission’s Contract
Administrator, Consultant shall provide a more detailed schedule of anticipated
performance to meet the Schedule of Services.
11.1 Modification of the Schedule. Consultant shall regularly report to the
Commission, through correspondence or progress reports, its progress in providing
required Services within the scheduled time periods. Commission shall be promptly
informed of all anticipated delays. In the event that Consultant determines that a schedule
modification is necessary, Consultant shall promptly submit a revised Schedule of Services
for approval by Commission’s Contract Administrator.
11.2 Trend Meetings. Consultant shall conduct trend meetings with the
Commission’s Contract Administrator and other interested parties, as requested by the
Commission, on a bi-weekly basis or as may be mutually scheduled by the Parties at a
standard day and time. These trend meetings will encompass focused and informal
discussions concerning scope, schedule, and current progress of Services, relevant cost
issues, and future Project objectives. Consultant shall be responsible for the preparation
59
17336.00603\31171937.1
7
and distribution of meeting agendas to be received by the Commission and other
attendees no later than three (3) working days prior to the meeting.
11.3 Progress Reports. As part of its monthly invoice, Consultant shall
submit a progress report, in a form determined by the Commission, which will indicate the
progress achieved during the previous month in relation to the Schedule of Services.
Submission of such progress report by Consultant shall be a condition precedent to
receipt of payment from the Commission for each monthly invoice submitted.
12. Delay in Performance.
12.1 Excusable Delays. Should Consultant be delayed or prevented from
the timely performance of any act or Services required by the terms of the Agreement by
reason of acts of God or of the public enemy, acts or omissions of the Commission or
other governmental agencies in either their sovereign or contractual capacities, fires,
floods, epidemics, quarantine restrictions, strikes, freight embargoes or unusually severe
weather, performance of such act shall be excused for the period of such delay.
12.2 Written Notice. If Consultant believes it is entitled to an extension of
time due to conditions set forth in subsection 12.1, Consultant shall provide written notice
to the Commission within seven (7) working days from the time Consultant knows, or
reasonably should have known, that performance of the Services will be delayed due to
such conditions. Failure of Consultant to provide such timely notice shall constitute a
waiver by Consultant of any right to an excusable delay in time of performance.
12.3 Mutual Agreement. Performance of any Services under this
Agreement may be delayed upon mutual agreement of the Parties. Upon such
agreement, Consultant's Schedule of Services shall be extended as necessary by the
Commission. Consultant shall take all reasonable steps to minimize delay in completion,
and additional costs, resulting from any such extension.
13. Preliminary Review of Work. All reports, working papers, and similar work
products prepared for submission in the course of providing Services under this Agreement
shall be submitted to the Commission’s Contract Administrator in draft form, and the
Commission may require revisions of such drafts prior to formal submission and approval.
In the event plans and designs are to be developed as part of the Project, final detailed
plans and designs shall be contingent upon obtaining environmental clearance as may be
required in connection with Federal funding. In the event that Commission’s Contract
Administrator, in his or her sole discretion, determines the formally submitted work product
to be not in accordance with the standard of care established under this Agreement,
Commission’s Contract Administrator may require Consultant to revise and resubmit the
work at no cost to the Commission.
14. Appearance at Hearings. If and when required by the Commission,
Consultant shall render assistance at public hearings or other meetings related to the
Project or necessary to the performance of the Services. However, Consultant shall not be
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17336.00603\31171937.1
8
required to, and will not, render any decision, interpretation or recommendation regarding
questions of a legal nature or which may be construed as constituting a legal opinion.
15. Opportunity to Cure; Inspection of Work. Commission may provide
Consultant an opportunity to cure, at Consultant's expense, all errors and omissions which
may be disclosed during Project implementation. Should Consultant fail to make such
correction in a timely manner, such correction may be made by the Commission, and the
cost thereof charged to Consultant. Consultant shall allow the Commission’s Contract
Administrator, Caltrans and FHWA to inspect or review Consultant's work in progress at
any reasonable time.
16. Claims Filed by Contractor.
16.1 If claims are filed by the Commission’s contractor for the Project
(“Contractor”) relating to work performed by Consultant’s personnel, and additional
information or assistance from the Consultant’s personnel is required by the Commission
in order to evaluate or defend against such claims; Consultant agrees to make reasonable
efforts to make its personnel available for consultation with the Commission’s construction
contract administration and legal staff and for testimony, if necessary, at depositions and
at trial or arbitration proceedings.
16.2 Consultant’s personnel that the Commission considers essential to
assist in defending against Contractor claims will be made available on reasonable notice
from the Commission. Consultation or testimony will be reimbursed at the same rates,
including travel costs that are being paid for the Consultant’s personnel services under
this Agreement.
16.3 Services of the Consultant’s personnel and other support staff in
connection with Contractor claims will be performed pursuant to a written contract
amendment, if necessary, extending the termination date of this Agreement in order to
finally resolve the claims.
16.4 Nothing contained in this Section shall be construed to in any way
limit Consultant’s indemnification obligations contained in Section 29. In the case of any
conflict between this Section and Section 29, Section 29 shall govern. This Section is not
intended to obligate the Commission to reimburse Consultant for time spent by its
personnel related to Contractor claims for which Consultant is required to indemnify and
defend the Commission pursuant to Section 29 of this Agreement.
17. Final Acceptance. Upon determination by the Commission that Consultant
has satisfactorily completed the Services required under this Agreement and within the
term set forth herein the Commission shall give Consultant a written Notice of Final
Acceptance. Upon receipt of such notice, Consultant shall incur no further costs
hereunder, unless otherwise specified in the Notice of Final Acceptance. Consultant may
request issuance of a Notice of Final Acceptance when, in its opinion, it has satisfactorily
completed all Services required under the terms of this Agreement. In the event copyrights
are permitted under this Agreement, then in connection with Federal funding, it is hereby
61
17336.00603\31171937.1
9
acknowledged and agreed that the United States Department of Transportation shall have
the royalty-free non-exclusive and irrevocable right to reproduce, publish, or otherwise use,
and to authorize others to use, the work for governmental purposes.
18. Laws and Regulations. Consultant shall keep itself fully informed of and in
compliance with all local, state and federal laws, rules and regulations in any manner
affecting the performance of the Project or the Services, including all Cal/OSHA
requirements, and shall give all notices required by law. For example, and not by way of
limitation, Consultant shall keep itself fully informed of and in compliance with all
implementing regulations, design standards, specifications, previous commitments that
must be incorporated in the design of the Project, and administrative controls including
those of the United States Department of Transportation. Compliance with Federal
procedures may include completion of the applicable environmental documents and
approved by the United States Department of Transportation. For example, and not by
way of limitation, a signed Categorical Exclusion, Finding of No Significant Impact, or
published Record of Decision may be required to be approved and/or completed by the
United States Department of Transportation. For Consultant shall be liable for all violations
of such laws and regulations in connection with Services. If the Consultant performs any
work knowing it to be contrary to such laws, rules and regulations and without giving written
notice to the Commission, Consultant shall be solely responsible for all costs arising
therefrom. Consultant shall defend, indemnify and hold Commission, its officials, directors,
officers, employees and agents free and harmless, pursuant to the indemnification
provisions of this Agreement, from any claim or liability arising out of any failure or alleged
failure to comply with such laws, rules or regulations.
19. Fees and Payment.
19.1 The method of payment for this Agreement will be based on actual
cost plus a fixed fee. Commission shall reimburse Consultant for actual costs (including
labor costs, employee benefits, travel, equipment rental costs, overhead and other direct
costs) incurred by Consultant in performance of the Services. Consultant shall not be
reimbursed for actual costs that exceed the estimated wage rates, employee benefits,
travel, equipment rental, overhead, and other estimated costs set forth in the approved
Consultant cost proposal attached hereto as Exhibit “C” and incorporated herein by
reference, or any cost proposal included as part of a Task Order (“Cost Proposal”) unless
additional reimbursement is provided for by written amendment. The overhead rates
included in the attached Exhibit “C” shall be fixed for the term of the Master Agreement,
and shall not be subject to adjustment, unless required by the applicable funding source.
In In no event, shall Consultant be reimbursed for overhead costs at a rate that exceeds
Commission’s approved overhead rate set forth in the Cost Proposal. In the event that
Commission determines that a change to the Services from that specified in the Cost
Proposal, this Agreement or any Task Order is required, the Agreement time or actual
costs reimbursable by Commission shall be adjusted by written amendment to
accommodate the changed work. The maximum total cost as specified in Section 19.8
shall not be exceeded, unless authorized by a written amendment.
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19.2 In addition to the allowable incurred costs, Commission shall pay
Consultant a fixed fee to be set forth in each Task Order (“Fixed Fee”). The Fixed Fee is
nonadjustable for each Task Order, except in the event of a significant change in the
Scope of Services, and such adjustment is made by written amendment.
19.3 Reimbursement for transportation and subsistence costs shall not
exceed the rates specified in the approved Cost Proposal. In addition, payments to
Consultant for travel and subsistence expenses claimed for reimbursement or applied as
local match credit shall not exceed rates authorized to be paid exempt non-represented
State employees under current State Department of Personnel Administration (DPA)
rules, unless otherwise authorized by Commission. If the rates invoiced are in excess of
those authorized DPA rates, and Commission has not otherwise approved said rates, then
Consultant is responsible for the cost difference and any overpayments shall be
reimbursed to the Commission on demand.
19.4 When milestone cost estimates are included in the approved Cost
Proposal for a Task Order, Consultant shall obtain prior written approval for a revised
milestone cost estimate from the Contract Administrator before exceeding such cost
estimate.
19.5 Progress payments shall be made monthly in arrears based on
Services provided and allowable incurred costs. A pro rata portion of the Fixed Fee shall
be included in the monthly progress payments. If Consultant fails to submit the required
deliverable items according to the schedule set forth in the Scope of Services,
Commission shall have the right to delay payment or terminate this Agreement in
accordance with the provisions of Section 21, Termination.
19.6 No payment shall be made prior to approval of any Services, nor for
any Services performed prior to approval of this Agreement.
19.7 Consultant shall be reimbursed, as promptly as fiscal procedures will
permit upon receipt by Commission’s Contract Administrator of itemized invoices in
triplicate. Invoices shall be submitted no later than 45 calendar days after the performance
of work for which Consultant is billing. Invoices shall detail the work performed on each
milestone and each project as applicable. Invoices shall follow the format stipulated for the
approved Cost Proposal and shall reference this Agreement number and project title. Final
invoice must contain the final cost and all credits due Commission including any
equipment purchased under the Equipment Purchase provisions of this Agreement. The
final invoice should be submitted within 60 calendar days after completion of Consultant’s
work. Invoices shall be mailed to Commission’s Contract Administrator at the following
address:
Riverside County Transportation Commission
Attention: Accounts Payable
P.O. 12008
Riverside, CA 92502
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19.8 The total amount payable by Commission, including the Fixed Fee,
shall not exceed the amount set forth in each Task Order.
19.9 Salary increases shall be reimbursable if the new salary is within the
salary range identified in the approved Cost Proposal and is approved by Commission’s
Contract Administrator. For personnel subject to prevailing wage rates as described in the
California Labor Code, all salary increases, which are the direct result of changes in the
prevailing wage rates are reimbursable.
19.10 Consultant shall not be reimbursed for any expenses unless
authorized in writing by the Commission’s Contract Administrator.
19.11 All subcontracts in excess of $25,000 shall contain the above
provisions.
20. Disputes.
20.1 Any dispute, other than audit, concerning a question of fact arising
under this Agreement that is not disposed of by mutual agreement of the Parties shall be
decided by a committee consisting of RCTC’s Contract Administrator and the Director of
Capital Projects, who may consider written or verbal information submitted by Consultant.
20.2 Not later than 30 days after completion of all Services under this
Agreement, Consultant may request review by the Commission’s Executive Director of
unresolved claims or disputes, other than audit. The request for review will be submitted in
writing.
20.3 Neither the pendency of a dispute, nor its consideration by the
committee will excuse Consultant from full and timely performance in accordance with the
terms of this Agreement.
21. Termination.
21.1 Commission reserves the right to terminate this Agreement upon thirty
(30) calendar days written notice to Consultant, for any or no reason, with the reasons for
termination stated in the notice. Commission may terminate Services under a Task Order,
at any time, for any or no reason, with the effective date of termination to be specified in
the notice of termination of Task Order.
21.2 Commission may terminate this Agreement with Consultant should
Consultant fail to perform the covenants herein contained at the time and in the manner
herein provided. In the event of such termination, Commission may proceed with the
Services in any manner deemed proper by Commission. If Commission terminates this
Agreement with Consultant, Commission shall pay Consultant the sum due to Consultant
under this Agreement for Services completed and accepted prior to termination, unless
the cost of completion to Commission exceeds the funds remaining in the Agreement. In
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such case, the overage shall be deducted from any sum due Consultant under this
Agreement and the balance, if any, shall be paid to Consultant upon demand.
21.3 In addition to the above, payment upon termination shall include a
prorated amount of profit, if applicable, but no amount shall be paid for anticipated profit
on unperformed Services. Consultant shall provide documentation deemed adequate by
Commission’s Contract Administrator to show the Services actually completed by
Consultant prior to the effective date of termination. This Agreement shall terminate on
the effective date of the Notice of Termination
21.4 Upon receipt of the written Notice of Termination, Consultant shall
discontinue all affected Services as directed in the Notice or as otherwise provided herein,
and deliver to the Commission all Documents and Data, as defined in this Agreement, as
may have been prepared or accumulated by Consultant in performance of the Services,
whether completed or in progress.
21.5 In addition to the above, Consultant shall be liable to the Commission
for any reasonable additional costs incurred by the Commission to revise work for which
the Commission has compensated Consultant under this Agreement, but which the
Commission has determined in its sole discretion needs to be revised, in part or whole, to
complete the Project because it did not meet the standard of care established in this
Agreement. Termination of this Agreement for cause may be considered by the
Commission in determining whether to enter into future agreements with Consultant.
21.6 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.
21.7 Consultant, in executing this Agreement, shall be deemed to have
waived any and all claims for damages which may otherwise arise from the Commission's
termination of this Agreement, for convenience or cause, as provided in this Section.
21.8 Consultant may not terminate this Agreement except for cause.
22. Cost Principles and Administrative Requirements.
22.1 Consultant agrees that the Contract Cost Principles and Procedures,
48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be
used to determine the cost allowability of individual items.
22.2 Consultant also agrees to comply with federal procedures in
accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards.
22.3 Any costs for which payment has been made to CONSULTANT that
are determined by subsequent audit to be unallowable under 2 CFR, Part 200 and 48
CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject
to repayment by Consultant to Commission.
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22.4 All subcontracts in excess of $25,000 shall contain the above
provisions.
23. Retention of Records/Audit. For the purpose of determining compliance with,
as applicable, 2 CFR Part 200, Public Contract Code 10115, et seq. and Title 21, California
Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters
connected with the performance of this Agreement pursuant to Government Code 8546.7;
Consultant, subconsultants, and Commission shall maintain and make available for
inspection all books, documents, papers, accounting records, and other evidence
pertaining to the performance of this Agreement, including but not limited to, the costs of
administering this Agreement. All parties shall make such materials available at their
respective offices at all reasonable times during the Agreement period and for three years
from the date of final payment under this Agreement. The State, State Auditor,
Commission, FHWA, or any duly authorized representative of the State or Federal
Government shall have access to any books, records, and documents of Consultant and
it’s certified public accountants (CPA) work papers that are pertinent to this Agreement and
indirect cost rates (ICR) for audit, examinations, excerpts, and transactions, and copies
thereof shall be furnished if requested. Subcontracts in excess of $25,000 shall contain this
provision.
23.1 Accounting System. Consultant and its subcontractors shall establish
and maintain an accounting system and records that properly accumulate and segregate
expenditures by line item for the Services. The accounting system of Consultant and its
subcontractors shall conform to Generally Accepted Accounting Principles (GAAP), enable
the determination of incurred costs at interim points of completion, and provide support for
reimbursement payment vouchers or invoices.
24. Audit Review Procedures.
24.1 Any dispute concerning a question of fact arising under an interim or
post audit of this Agreement that is not disposed of by agreement, shall be reviewed by
Commission’s Chief Financial Officer.
24.2 Not later than 30 days after issuance of the final audit report,
Consultant may request a review by Commission’s Chief Financial Officer of unresolved
audit issues. The request for review shall be submitted in writing.
24.3 Neither the pendency of a dispute nor its consideration by
Commission shall excuse Consultant from full and timely performance, in accordance with
the terms of this Agreement.
25. Subcontracting.
25.1 Nothing contained in this Agreement or otherwise, shall create any
contractual relation between Commission and any subconsultant(s), and no subcontract
shall relieve Consultant of its responsibilities and obligations hereunder. Consultant
agrees to be as fully responsible to Commission for the acts and omissions of its
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subconsultant(s) and of persons either directly or indirectly employed by any of them as it
is for the acts and omissions of persons directly employed by Consultant. Consultant’s
obligation to pay its subconsultant(s) is an independent obligation from Commission’s
obligation to make payments to the Consultant.
25.2 Consultant shall perform the Services contemplated with resources
available within its own organization and no portion of the Services pertinent to this
Agreement shall be subcontracted without written authorization by Commission’s Contract
Administrator, except that, which is expressly identified in the approved Cost Proposal.
25.3 Consultant shall pay its subconsultants within ten (10) calendar days
from receipt of each payment made to Consultant by Commission.
25.4 Any subcontract in excess of $25,000 entered into as a result of this
Agreement shall contain all the provisions stipulated in this Agreement to be applicable to
subconsultants.
25.5 Any substitution of subconsultant(s) must be approved in writing by
Commission’s Contract Administrator prior to the start of work by the subconsultant(s).
25.6 Exhibit “C” may set forth the rates at which each subconsultant shall
bill the Consultant for Services and that are subject to reimbursement by the Commission
to Consultant. Additional Direct Costs, as defined in Exhibit “C” shall be the same for both
the Consultant and all subconsultants, unless otherwise identified in Exhibit “C” or in a
Task Order. The subconsultant rate schedules and cost proposals contained herein are
for accounting purposes only.
26. Equipment Purchase
26.1 Prior authorization, in writing, by Commission’s Contract Administrator
shall be required before Consultant enters into any unbudgeted purchase order, or
subcontract for supplies, equipment, or services. Consultant shall provide an evaluation of
the necessity or desirability of incurring such costs.
26.2 For purchase of any item, service or consulting work not covered in
the Cost Proposal and exceeding $5,000 prior authorization, in writing, by Commission’s
Contract Administrator is required. Three competitive quotations must be submitted with
the request for such purchase, or the absence of bidding must be adequately justified.
26.3 Any equipment purchased as a result of this Agreement is subject to
the following: Consultant shall maintain an inventory of all nonexpendable property.
Nonexpendable property is defined as having a useful life of at least two years and an
acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is
sold or traded in, Commission shall receive a proper refund or credit at the conclusion of
this Agreement, or if this Agreement is terminated, Consultant may either keep the
equipment and credit Commission in an amount equal to its fair market value, or sell such
equipment at the best price obtainable at a public or private sale, in accordance with
established Commission procedures; and credit Commission in an amount equal to the
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sales price. If Consultant elects to keep the equipment, fair market value shall be
determined at Consultant’s expense, on the basis of a competent independent appraisal
of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to
by Commission and Consultant. If Consultant determines to sell the equipment, the terms
and conditions of such sale must be approved in advance by Commission. 2 CFR, Part
200 requires a credit to Federal funds when participating equipment with a fair market
value greater than $5,000 is credited to the Project.
26.4 All subcontracts in excess $25,000 shall contain the above provisions.
27. Labor Code Requirements.
27.1 Prevailing Wages.
(a) Consultant shall comply with the State of California’s General
Prevailing Wage Rate requirements in accordance with California Labor Code, Section
1770, and all Federal, State, and local laws and ordinances applicable to the Services.
(b) Any subcontract entered into as a result of this Agreement, if for
more than $25,000 for public works construction or more than $15,000 for the alteration,
demolition, repair, or maintenance of public works, shall contain all of the provisions of this
Section.
(c) When prevailing wages apply to the Services described in the
Scope of Services, transportation and subsistence costs shall be reimbursed at the
minimum rates set by the Department of Industrial Relations (DIR) as outlined in the
applicable Prevailing Wage Determination. See http://www.dir.ca.gov.
(d) Copies of the prevailing rate of per diem wages in effect at
commencement of this Agreement are on file at the Commission’s offices. Consultant shall
make copies of the prevailing rates of per diem wages for each craft, classification or type
of worker needed to execute the Services available to interested parties upon request, and
shall post copies at the Consultant’s principal place of business and at the project site.
Consultant shall defend, indemnify and hold the Commission, its elected officials, officers,
employees and agents free and harmless from any claims, liabilities, costs, penalties or
interest arising out of any failure or alleged failure to comply with the Prevailing Wage
Laws.
27.2 DIR Registration. Since the Services are being performed as part of
an applicable “public works” or “maintenance” project, then pursuant to Labor Code
Sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered
with the Department of Industrial Relations. Consultant shall maintain registration for the
duration of the Project and require the same of any subconsultants. This Project may also
be subject to compliance monitoring and enforcement by the Department of Industrial
Relations. It shall be Consultant’s sole responsibility to comply with all applicable
registration and labor compliance requirements.
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27.3 Eight-Hour Law. Pursuant to the provisions of the California Labor
Code, eight hours of labor shall constitute a legal day’s work, and the time of service of
any worker employed on the work shall be limited and restricted to eight hours during any
one calendar day, and forty hours in any one calendar week, except when payment for
overtime is made at not less than one and one-half the basic rate for all hours worked in
excess of eight hours per day (“Eight-Hour Law”), unless Consultant or the Services are
not subject to the Eight-Hour Law. Consultant shall forfeit to Commission as a penalty,
$50.00 for each worker employed in the execution of this Agreement by him, or by any
sub-consultant under him, for each calendar day during which such workman is required
or permitted to work more than eight hours in any calendar day and forty hours in any one
calendar week without such compensation for overtime violation of the provisions of the
California Labor Code, unless Consultant or the Services are not subject to the Eight-Hour
Law.
27.4 Employment of Apprentices. This Agreement shall not prevent the
employment of properly indentured apprentices in accordance with the California Labor
Code, and no employer or labor union shall refuse to accept otherwise qualified
employees as indentured apprentices on the work performed hereunder solely on the
ground of race, creed, national origin, ancestry, color or sex. Every qualified apprentice
shall be paid the standard wage paid to apprentices under the regulations of the craft or
trade in which he or she is employed and shall be employed only in the craft or trade to
which he or she is registered.
If California Labor Code Section 1777.5 applies to the Services, Consultant and any
subcontractor hereunder who employs workers in any apprenticeable craft or trade shall
apply to the joint apprenticeship council administering applicable standards for a certificate
approving Consultant or any sub-consultant for the employment and training of
apprentices. Upon issuance of this certificate, Consultant and any sub-consultant shall
employ the number of apprentices provided for therein, as well as contribute to the fund to
administer the apprenticeship program in each craft or trade in the area of the work
hereunder.
The parties expressly understand that the responsibility for compliance with
provisions of this Section and with Sections 1777.5, 1777.6 and 1777.7 of the California
Labor Code in regard to all apprenticeable occupations lies with Consultant
28. Ownership of Materials/Confidentiality.
28.1 Documents & Data. This Agreement creates an exclusive and
perpetual license for Commission to copy, use, modify, reuse, or sub-license any and all
copyrights and designs embodied in plans, specifications, studies, drawings, estimates,
materials, data and other documents or works of authorship fixed in any tangible medium
of expression, including but not limited to, physical drawings or data magnetically or
otherwise recorded on computer diskettes, which are prepared or caused to be prepared
by Consultant under this Agreement (“Documents & Data”).
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Consultant shall require all subcontractors to agree in writing that
Commission is granted an exclusive and perpetual license for any Documents & Data the
subcontractor prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right
to grant the exclusive and perpetual license for all such Documents & Data. Consultant
makes no such representation and warranty in regard to Documents & Data which were
prepared by design professionals other than Consultant or provided to Consultant by the
Commission.
Commission shall not be limited in any way in its use of the Documents
& Data at any time, provided that any such use not within the purposes intended by this
Agreement shall be at Commission’s sole risk.
28.2 Intellectual Property. In addition, Commission shall have and retain
all right, title and interest (including copyright, patent, trade secret and other proprietary
rights) in all plans, specifications, studies, drawings, estimates, materials, data, computer
programs or software and source code, enhancements, documents, and any and all works
of authorship fixed in any tangible medium or expression, including but not limited to,
physical drawings or other data magnetically or otherwise recorded on computer media
(“Intellectual Property”) prepared or developed by or on behalf of Consultant under this
Agreement as well as any other such Intellectual Property prepared or developed by or on
behalf of Consultant under this Agreement.
The Commission shall have and retain all right, title and interest in
Intellectual Property developed or modified under this Agreement whether or not paid for
wholly or in part by Commission, whether or not developed in conjunction with Consultant,
and whether or not developed by Consultant. Consultant will execute separate written
assignments of any and all rights to the above referenced Intellectual Property upon
request of Commission.
Consultant shall also be responsible to obtain in writing separate
written assignments from any subcontractors or agents of Consultant of any and all right to
the above referenced Intellectual Property. Should Consultant, either during or following
termination of this Agreement, desire to use any of the above-referenced Intellectual
Property, it shall first obtain the written approval of the Commission.
All materials and documents which were developed or prepared by the
Consultant for general use prior to the execution of this Agreement and which are not the
copyright of any other party or publicly available and any other computer applications, shall
continue to be the property of the Consultant. However, unless otherwise identified and
stated prior to execution of this Agreement, Consultant represents and warrants that it has
the right to grant the exclusive and perpetual license for all such Intellectual Property as
provided herein.
Commission further is granted by Consultant a non-exclusive and
perpetual license to copy, use, modify or sub-license any and all Intellectual Property
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otherwise owned by Consultant which is the basis or foundation for any derivative,
collective, insurrectional, or supplemental work created under this Agreement.
28.3 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents and Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by
Consultant. Such materials shall not, without the prior written consent of Commission, be
used by Consultant for any purposes other than the performance of the Services. Nor
shall such materials be disclosed to any person or entity not connected with the
performance of the Services or the Project. Nothing furnished to Consultant which is
otherwise known to Consultant or is generally known, or has become known, to the related
industry shall be deemed confidential. Consultant shall not use Commission's name or
insignia, photographs of the Project, or any publicity pertaining to the Services or the
Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of Commission.
28.4 Infringement Indemnification. Consultant shall defend, indemnify and
hold the Commission, its directors, officials, officers, employees, volunteers and agents
free and harmless, pursuant to the indemnification provisions of this Agreement, for any
alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any
other proprietary right of any person or entity in consequence of the use on the Project by
Commission of the Documents & Data, including any method, process, product, or
concept specified or depicted.
29. Indemnification. To the fullest extent permitted by law, Consultant shall
defend (with counsel of Commission’s choosing), indemnify and hold Commission,
Caltrans and their directors, officials, officers, employees, consultants, volunteers, and
agents free and harmless from any and all claims, demands, causes of action, costs,
expenses, liability, loss, damage or injury, in law or equity, to property or persons, including
wrongful death, in any manner arising out of or incident to alleged negligent acts,
omissions, or willful misconduct of Consultant, its officials, officers, employees, agents,
consultants, and contractors arising out of or in connection with the performance of the
Services, the Project or this Agreement, including without limitation the payment of
consequential damages, expert witness fees, and attorneys fees and other related costs
and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any
and all such aforesaid suits, actions or other legal proceedings of every kind that may be
brought or instituted against Commission, Caltrans and their directors, officials, officers,
employees, consultants, agents, or volunteers. Consultant shall pay and satisfy any
judgment, award or decree that may be rendered against Commission, Caltrans or their
directors, officials, officers, employees, consultants, agents, or volunteers, in any such suit,
action or other legal proceeding. Consultant shall reimburse Commission, Caltrans and
their directors, officials, officers, employees, consultants, agents, and/or volunteers, for any
and all legal expenses and costs, including reasonable attorney’s fees, incurred by each of
them in connection therewith or in enforcing the indemnity herein provided. Consultant's
obligation to indemnify shall not be restricted to insurance proceeds, if any, received by
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Commission, Caltrans, their directors, officials officers, employees, consultants, agents, or
volunteers.
If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of
Consultant’s performance as a “design professional” (as that term is defined under Civil
Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8,
which is fully incorporated herein, Consultant’s indemnification obligation shall be limited
to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a
court of competent jurisdiction, Consultant’s liability for such claim, including the cost to
defend, shall not exceed the Consultant’s proportionate percentage of fault.
Consultant’s obligations as set forth in this Section shall survive expiration or
termination of this Agreement.
30. To the fullest extent permitted by law, Consultant shall defend, indemnify and
hold Commission, Caltrans and their directors, officials, officers, employees, consultants,
volunteers, and agents free and harmless from any and all claims, demands, causes of
action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or
persons, including wrongful death, inverse condemnation, and any claims related to
property acquisition and relocation rules or failure to detect or abate hazardous materials,
which are brought by a third party, and which , in any manner arise out of or are incident to
alleged negligent acts, omissions, or willful misconduct of Consultant, its officials, officers,
employees, agents, consultants, and contractors arising out of or in connection with the
performance of the Services, the Project or this Agreement, including without limitation the
payment of consequential damages, expert witness fees, and attorneys fees and other
related costs and expenses. Consultant shall defend, at Consultant's own cost, expense
and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind
that may be brought or instituted against Commission, Caltrans, and their directors,
officials, officers, employees, consultants, agents, or volunteers. Consultant shall pay and
satisfy any judgment, award or decree that may be rendered against Commission, Caltrans
or their directors, officials, officers, employees, consultants, agents, or volunteers, in any
such suit, action or other legal proceeding. Consultant shall reimburse Commission,
Caltrans and their directors, officials, officers, employees, consultants, agents, and/or
volunteers, for any and all legal expenses and costs, including reasonable attorney’s fees,
incurred by each of them in connection therewith or in enforcing the indemnity herein
provided. Consultant's obligation to indemnify shall not be restricted to insurance
proceeds, if any, received by Commission, Caltrans or their directors, officials officers,
employees, consultants, agents, or volunteers. Notwithstanding the foregoing, to the
extent Consultant’s Services are subject to Civil Code Section 2782.8, the above indemnity
shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out
of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
Consultant. Consultant’s obligations as set forth in this Section 29 shall survive expiration
or termination of this Agreement.
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31. Insurance.
31.1 Time for Compliance. Consultant shall not commence work under
this Agreement until it has provided evidence satisfactory to the Commission that it has
secured all insurance required under this Section, in a form and with insurance companies
acceptable to the Commission. In addition, Consultant shall not allow any subcontractor
to commence work on any subcontract until it has secured all insurance required under
this Section.
31.2 Minimum Requirements. Consultant shall, at its expense, procure
and maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the
performance of the Agreement by the Consultant, its agents, representatives, employees
or subcontractors. Consultant shall also require all of its subcontractors to procure and
maintain the same insurance for the duration of the Agreement. Such insurance shall
meet at least the following minimum levels of coverage:
(a) Minimum Scope of Insurance. Coverage shall be at least as
broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001 or exact equivalent); (2)
Automobile Liability: Insurance Services Office Business Auto Coverage (form CA 0001,
code 1 (any auto) or exact equivalent); and (3) Workers’ Compensation and Employer’s
Liability: Workers’ Compensation insurance as required by the State of California and
Employer’s Liability Insurance.
(b) Minimum Limits of Insurance. Consultant shall maintain limits
no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance or other form with
general aggregate limit is used, either the general aggregate limit shall apply separately to
this Agreement/location or the general aggregate limit shall be twice the required
occurrence limit. Limits may be achieved by any combination of primary and excess or
umbrella liability insurance; (2) Automobile Liability: $1,000,000 per accident for bodily
injury and property damage. Limits may be achieved by any combination of primary and
excess or umbrella liability insurance; and (3) Workers’ Compensation and Employer’s
Liability: Workers’ Compensation limits as required by the Labor Code of the State of
California. Employer’s Practices Liability limits of $1,000,000 per accident.
31.3 Professional Liability. Consultant shall procure and maintain, and
require its sub-consultants to procure and maintain, for a period of five (5) years following
completion of the Project, errors and omissions liability insurance appropriate to their
profession. For Consultant, such insurance shall be in an amount not less than
$1,000,000 per claim. This insurance shall be endorsed to include contractual liability
applicable to this Agreement and shall be written on a policy form coverage specifically
designed to protect against acts, errors or omissions of the Consultant. “Covered
Professional Services” as designated in the policy must specifically include work
performed under this Agreement. The policy must “pay on behalf of” the insured and must
include a provision establishing the insurer's duty to defend. Subconsultants of
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Consultant shall obtain such insurance in an amount not less than $2,000,000 per claim.
Notwithstanding the foregoing, the Commission may consider written requests to lower or
dispense with the errors and omissions liability insurance requirement contained in this
Section for certain subconsultants of Consultant, on a case-by-case basis, depending on
the nature and scope of the Services to be provided by the subconsultant. Approval of
such request shall be in writing, signed by the Commission’s Contract Administrator.
31.4 Aircraft Liability Insurance. Prior to conducting any Services requiring
use of aircraft, Consultant shall procure and maintain, or cause to be procured and
maintained, aircraft liability insurance or equivalent form, with a single limit as shall be
required by the Commission. Such insurance shall include coverage for owned, hired and
non-owned aircraft and passengers, and shall name, or be endorsed to name, the
Commission, Caltrans and their directors, officials, officers, employees and agents as
additional insureds with respect to the Services or operations performed by or on behalf of
the Consultant.
31.5 Insurance Endorsements. The insurance policies shall contain the
following provisions, or Consultant shall provide endorsements on forms approved by the
Commission to add the following provisions to the insurance policies:
(a) General Liability.
(i) Commercial General Liability Insurance must include
coverage for (1) bodily Injury and property damage; (2) personal Injury/advertising Injury;
(3) premises/operations liability; (4) products/completed operations liability; (5) aggregate
limits that apply per Project; (6) explosion, collapse and underground (UCX) exclusion
deleted; (7) contractual liability with respect to this Agreement; (8) broad form property
damage; and (9) independent consultants coverage.
(ii) The policy shall contain no endorsements or provisions
limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by
one insured against another; or (3) contain any other exclusion contrary to this Agreement.
(iii) The policy shall give the Commission, its directors,
officials, officers, employees, and agents insured status using ISO endorsement forms 20
10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(iv) The additional insured coverage under the policy shall be
“primary and non-contributory” and will not seek contribution from the Commission’s or
Caltrans’ insurance or self-insurance and shall be at least as broad as CG 20 01 04 13, or
endorsements providing the exact same coverage.
(b) Automobile Liability. The automobile liability policy shall be
endorsed to state that: (1) the Commission, Caltrans and their directors, officials, officers,
employees and agents shall be covered as additional insureds with respect to the
ownership, operation, maintenance, use, loading or unloading of any auto owned, leased,
hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the
insurance coverage shall be primary insurance as respects the Commission, Caltrans and
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their directors, officials, officers, employees and agents, or if excess, shall stand in an
unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage.
Any insurance or self-insurance maintained by the Commission, Caltrans and their
directors, officials, officers, employees and agents shall be excess of the Consultant’s
insurance and shall not be called upon to contribute with it in any way.
(c) Workers’ Compensation and Employers Liability Coverage.
(i) Consultant certifies that he/she is aware of the provisions
of Section 3700 of the California Labor Code which requires every employer to be insured
against liability for workers’ compensation or to undertake self-insurance in accordance
with the provisions of that code, and he/she will comply with such provisions before
commencing work under this Agreement.
(ii) The insurer shall agree to waive all rights of subrogation
against the Commission, its directors, officials, officers, employees and agents for losses
paid under the terms of the insurance policy which arise from work performed by the
Consultant.
(d) All Coverages.
(i) Defense costs shall be payable in addition to the limits
set forth hereunder.
(ii) Requirements of specific coverage or limits contained in
this Section are not intended as a limitation on coverage, limits, or other requirement, or a
waiver of any coverage normally provided by any insurance. It shall be a requirement
under this Agreement that any available insurance proceeds broader than or in excess of
the specified minimum insurance coverage requirements and/or limits set forth herein shall
be available to the Commission, Caltrans and their directors, officials, officers, employees
and agents as additional insureds under said policies. Furthermore, the requirements for
coverage and limits shall be (1) the minimum coverage and limits specified in this
Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance
policy or proceeds available to the named insured; whichever is greater.
(iii) The limits of insurance required in this Agreement may
be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella
or excess insurance shall contain or be endorsed to contain a provision that such coverage
shall also apply on a primary and non-contributory basis for the benefit of the Commission
(if agreed to in a written contract or agreement) before the Commission’s own insurance or
self-insurance shall be called upon to protect it as a named insured. The umbrella/excess
policy shall be provided on a “following form” basis with coverage at least as broad as
provided on the underlying policy(ies).
(iv) Consultant shall provide the Commission at least thirty
(30) days prior written notice of cancellation of any policy required by this Agreement,
except that the Consultant shall provide at least ten (10) days prior written notice of
cancellation of any such policy due to non-payment of premium. If any of the required
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coverage is cancelled or expires during the term of this Agreement, the Consultant shall
deliver renewal certificate(s) including the General Liability Additional Insured Endorsement
to the Commission at least ten (10) days prior to the effective date of cancellation or
expiration.
(v) The retroactive date (if any) of each policy is to be no
later than the effective date of this Agreement. Consultant shall maintain such coverage
continuously for a period of at least three years after the completion of the work under this
Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the
retroactive date is advanced past the effective date of this Agreement; B) if the policy is
cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with
a retroactive date subsequent to the effective date of this Agreement.
(vi) The foregoing requirements as to the types and limits of
insurance coverage to be maintained by Consultant, and any approval of said insurance by
the Commission, is not intended to and shall not in any manner limit or qualify the liabilities
and obligations otherwise assumed by the Consultant pursuant to this Agreement,
including but not limited to, the provisions concerning indemnification.
(vii) If at any time during the life of the Agreement, any policy
of insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, Commission has the right but not the duty to obtain the
insurance it deems necessary and any premium paid by Commission will be promptly
reimbursed by Consultant or Commission will withhold amounts sufficient to pay premium
from Consultant payments. In the alternative, Commission may cancel this Agreement.
The Commission may require the Consultant to provide complete copies of all insurance
policies in effect for the duration of the Project.
(viii) Neither the Commission nor any of its directors, officials,
officers, employees or agents shall be personally responsible for any liability arising under
or by virtue of this Agreement.
31.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the Commission. If the
Commission does not approve the deductibles or self-insured retentions as presented,
Consultant shall guarantee that, at the option of the Commission, either: (1) the insurer
shall reduce or eliminate such deductibles or self-insured retentions as respects the
Commission, its directors, officials, officers, employees and agents; or, (2) the Consultant
shall procure a bond guaranteeing payment of losses and related investigation costs,
claims and administrative and defense expense.
31.7 Acceptability of Insurers. Insurance is to be placed with insurers with
a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and
satisfactory to the Commission.
31.8 Verification of Coverage. Consultant shall furnish Commission with
original certificates of insurance and endorsements effecting coverage required by this
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Agreement on forms satisfactory to the Commission. The certificates and endorsements
for each insurance policy shall be signed by a person authorized by that insurer to bind
coverage on its behalf. All certificates and endorsements must be received and approved
by the Commission before work commences. The Commission reserves the right to
require complete, certified copies of all required insurance policies, at any time.
31.9 Subconsultant Insurance Requirements. Consultant shall not allow
any subcontractors or subconsultants to commence work on any subcontract until they
have provided evidence satisfactory to the Commission that they have secured all
insurance required under this Section. Policies of commercial general liability insurance
provided by such subcontractors or subconsultants shall be endorsed to name the
Commission as an additional insured using ISO form CG 20 38 04 13 or an endorsement
providing the exact same coverage. If requested by Consultant, the Commission may
approve different scopes or minimum limits of insurance for particular subcontractors or
subconsultants.
31.10 Other Insurance. At its option, the Commission may require such
additional coverage(s), limits and/or the reduction of deductibles or retentions it considers
reasonable and prudent based upon risk factors that may directly or indirectly impact the
Project. In retaining this option Commission does not warrant Consultant’s insurance
program to be adequate. Consultant shall have the right to purchase insurance in addition
to the insurance required in this Section.
32. Safety. Consultant shall execute and maintain its work so as to avoid injury
or damage to any person or property. In carrying out its Services, the Consultant shall at
all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and life saving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing
apparel as are necessary or lawfully required to prevent accidents or injuries; and (C)
adequate facilities for the proper inspection and maintenance of all safety measures.
Pursuant to the authority contained in Section 591 of the Vehicle Code, the Commission
has determined that the Project will contain areas that are open to public traffic.
Consultant shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14,
and 15 of the Vehicle Code. Consultant shall take all reasonably necessary precautions
for safe operation of its vehicles and the protection of the traveling public from injury and
damage from such vehicles.
33. Additional Work. Any work or activities that are in addition to, or otherwise
outside of, the Services to be performed pursuant to this Agreement shall only be
performed pursuant to a separate agreement between the parties. Notwithstanding the
foregoing, the Commission’s Executive Director may make a change to the Agreement,
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other than a Cardinal Change. For purposes of this Agreement, a Cardinal Change is a
change which is “outside the scope” of the Agreement; in other words, work which should
not be regarded as having been fairly and reasonably within the contemplation of the
parties when the Agreement was entered into. An example of a change which is not a
Cardinal Change would be where, in a contract to construct a building there are many
changes in the materials used, but the size and layout of the building remains the same.
Cardinal Changes are not within the authority of this provision to order, and shall be
processed by the Commission as “sole source” procurements according to applicable law,
including the requirements of FTA Circular 4220.1D, paragraph 9(f).
(a) In addition to the changes authorized above, a
modification which is signed by Consultant and the Commission’s Executive Director, other
than a Cardinal Change, may be made in order to: (1) make a negotiated equitable
adjustment to the Agreement price, delivery schedule and other terms resulting from the
issuance of a Change Order, (2) reflect definitive letter contracts, and (3) reflect other
agreements of the parties modifying the terms of this Agreement (“Bilateral Contract
Modification”).
(b) Consultant shall not perform, nor be compensated for
any change, without written authorization from the Commission’s Executive Director as set
forth herein. In the event such a change authorization is not issued and signed by the
Commission’s Executive Director, Consultant shall not provide such change.
34. Prohibited Interests.
34.1 Solicitation. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working
solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants
that it has not paid nor has it agreed to pay any company or person, other than a bona
fide employee working solely for Consultant, any fee, commission, percentage, brokerage
fee, gift or other consideration contingent upon or resulting from the award or making of
this Agreement. For breach or violation of this warranty, the Commission shall have the
right to rescind this Agreement without liability.
34.2 Consultant Conflict of Interest
(a) Consultant shall disclose any financial, business, or other
relationship with Commission that may have an impact upon the outcome of this
Agreement, or any ensuing Commission construction project. Consultant shall also list
current clients who may have a financial interest in the outcome of this Agreement, or any
ensuing Commission construction project, which will follow.
(b) Consultant hereby certifies that it does not now have, nor shall it
acquire any financial or business interest that would conflict with the performance of
services under this Agreement.
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(c) Any subcontract in excess of $25,000 entered into as a result of
this Agreement, shall contain all of the provisions of this Article.
(d) Consultant hereby certifies that neither Consultant, nor any firm
affiliated with Consultant will bid on any construction contract, or on any contract to provide
construction inspection for any construction project resulting from this contract. An affiliated
firm is one, which is subject to the control of the same persons through joint-ownership, or
otherwise.
(e) Except for subconsultants whose services are limited to
providing surveying or materials testing information, no subconsultant who has provided
design services in connection with this contract shall be eligible to bid on any construction
contract, or on any contract to provide construction inspection for any construction project
resulting from this contract.
34.3 Commission Conflict of Interest. For the term of this Agreement, no
member, officer or employee of the Commission, during the term of his or her service with
the Commission, shall have any direct interest in this Agreement, or obtain any present or
anticipated material benefit arising therefrom.
34.4 Conflict of Employment. Employment by the Consultant of personnel
currently on the payroll of the Commission shall not be permitted in the performance of
this Agreement, even though such employment may occur outside of the employee's
regular working hours or on weekends, holidays or vacation time. Further, the
employment by the Consultant of personnel who have been on the Commission payroll
within one year prior to the date of execution of this Agreement, where this employment is
caused by and or dependent upon the Consultant securing this or related Agreements
with the Commission, is prohibited.
34.5 Covenant Against Contingent Fees. As required in connection with
federal funding, the Consultant warrants that he/she has not employed or retained any
company or person, other than a bona fide employee working for the Consultant, to solicit
or secure this Agreement, and that he/she has not paid or agreed to pay any company or
person, other than a bona fide employee, any fee, commission, percentage, brokerage
fee, gift, or any other consideration, contingent upon or resulting from the award or
formation of this Agreement. For breach or violation of this warranty, the Commission
shall have the right to terminate this Agreement without liability pursuant to the terms
herein, or at its discretion to deduct from the Agreement price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee,
gift, or contingent fee.
34.6 Rebates, Kickbacks or Other Unlawful Consideration. Consultant
warrants that this Agreement was not obtained or secured through rebates kickbacks or
other unlawful consideration, either promised or paid to any Commission employee. For
breach or violation of this warranty, Commission shall have the right in its discretion; to
terminate this Agreement without liability; to pay only for the value of the work actually
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performed; or to deduct from the Agreement price; or otherwise recover the full amount of
such rebate, kickback or other unlawful consideration.
34.7 Covenant Against Expenditure of Commission, State or Federal
Funds for Lobbying. The Consultant certifies that to the best of his/ her knowledge and
belief no state, federal or local agency appropriated funds have been paid, or will be paid
by or on behalf of the Consultant to any person for the purpose of influencing or
attempting to influence an officer or employee of any state or federal agency; a Member of
the State Legislature or United States Congress; an officer or employee of the Legislature
or Congress; or any employee of a Member of the Legislature or Congress, in connection
with the award of any state or federal contract, grant, loan, or cooperative agreement, or
the extension, continuation, renewal, amendment, or modification of any state or federal
contract, grant, loan, or cooperative agreement.
(a) If any funds other than federal appropriated funds have been
paid, or will be paid to any person for the purpose of influencing or attempting to influence
an officer or employee of any federal agency; a Member of Congress; an officer or
employee of Congress, or an employee of a Member of Congress; in connection with this
Agreement, the Consultant shall complete and submit the attached Exhibit "G", Standard
Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with the attached
instructions.
(b) The Consultant's certification provided in this Section is a
material representation of fact upon which reliance was placed when this Agreement was
entered into, and is a prerequisite for entering into this Agreement pursuant to Section
1352, Title 31, US. Code. Failure to comply with the restrictions on expenditures, or the
disclosure and certification requirements set forth in Section 1352, Title 31, US. Code may
result in a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
(c) The Consultant also agrees by signing this Agreement that
he/she shall require that the language set forth in this Section 3.23.5 be included in all
Consultant subcontracts which exceed $100,000, and that all such subcontractors shall
certify and disclose accordingly.
34.8 Employment Adverse to the Commission. Consultant shall notify the
Commission, and shall obtain the Commission’s written consent, prior to accepting work to
assist with or participate in a third-party lawsuit or other legal or administrative proceeding
against the Commission during the term of this Agreement.
35. Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, 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.
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36. Right to Employ Other Consultants. Commission reserves the right to employ
other consultants in connection with the Project.
37. Governing Law. This Agreement shall be governed by and construed with
the laws of the State of California. Venue shall be in Riverside County.
38. Disputes; Attorneys' Fees.
38.1 Prior to commencing any action hereunder, the Parties shall attempt
in good faith to resolve any dispute arising between them. The pendency of a dispute
shall not excuse Consultant from full and timely performance of the Services.
38.2. If the Parties are unable to resolve a dispute after attempting in good
faith to do so, the Parties may seek any other available remedy to resolve the dispute. If
either Party commences an action against the other Party, either legal, administrative or
otherwise, arising out of or in connection with this Agreement, the prevailing Party in such
litigation shall be entitled to have and recover from the losing Party reasonable attorneys'
fees and, all other costs of such actions.
39. Time of Essence. Time is of the essence for each and every provision of this
Agreement.
40. Headings. Article and Section Headings, paragraph captions or marginal
headings contained in this Agreement are for convenience only and shall have no effect in
the construction or interpretation of any provision herein.
41. Notices. All notices permitted or required under this Agreement shall be
given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
CONSULTANT: COMMISSION:
______________________ Riverside County
______________________ Transportation Commission
______________________ 4080 Lemon Street, 3rd Floor
______________________ Riverside, CA 92501
Attn: ________________ Attn: Executive Director
Such notice shall be deemed made when personally delivered or when mailed, forty-eight
(48) hours after deposit in the U.S. mail, first class postage prepaid, and addressed to the
Party at its applicable address. Actual notice shall be deemed adequate notice on the date
actual notice occurred, regardless of the method of service.
42. Conflicting Provisions. In the event that provisions of any attached 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
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Parties and the interpretation of the Parties' understanding concerning the performance of
the Services.
43. Amendment or Modification. No supplement, modification, or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
44. Entire Agreement. This Agreement contains the entire agreement of the
Parties relating to the subject matter hereof and supersedes all prior negotiations,
agreements or understandings.
45. Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
46. Provisions Applicable When State Funds or Federal Funds Are Involved.
When funding for the Services under a Task Order is provided by this Agreement are
provided, in whole or in part, from the United States Department of Transportation,
Consultant shall also fully and adequately comply with the provisions included in Exhibit
“D” (Federal Department of Transportation Requirements and California Department of
Transportation (Caltrans) DBE program requirements) attached hereto and incorporated
herein by reference. When funding for the Services under a Task Order is provided, in
whole or in part, from the FTA, Consultant shall also fully and adequately comply with the
provisions included in Exhibit “F” (FTA Requirements) attached hereto and incorporated
herein by reference
47. Survival. All rights and obligations hereunder that by their nature are to
continue after any expiration or termination of this Agreement, including, but not limited to,
the indemnification and confidentiality obligations, shall survive any such expiration or
termination.
48. No Third Party Beneficiaries. There are no intended third party beneficiaries
of any right or obligation assumed by the Parties.
49. Labor Certification. By its signature hereunder, Consultant certifies that it is
aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Workers’ Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
50. Counterparts. This Agreement may be signed in counterparts, each of which
shall constitute an original.
51. Attorney Client Privilege. The Parties recognize that, during the Project, the
Commission and its attorneys will engage in communication that gives rise to an attorney
client privilege of confidentiality (“Confidential Communication”). Given the nature of the
work done by Consultant for the Commission, it may be necessary for the Consultant to
participate in Confidential Communications. To the extent that (i) the Consultant is a party
to any Confidential Communication, and (ii) a third party seeks discovery of such
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communications, then the Consultant shall be deemed to be an agent of the Commission
solely for purposes of preserving any attorney client privilege in the relevant Confidential
Communication. Any such attorney client privilege shall be held by the Commission and
the Consultant is not authorized to waive that privilege or, otherwise, disclose such
Confidential Communication except as set forth below. This Section is intended to
maintain the privilege in any privileged Confidential Communications that are (1) between
and among Commission, Consultant, and Commission’s attorneys; (2) between Consultant
(on behalf of the Commission) and Commission’s attorneys; (3) Confidential
Communications that occur in Closed Session meetings wherein the Commission, the
Commission’s attorneys and Consultant are present; and (4) between Commission and
Consultant wherein the substance of the Confidential Communication is conveyed to/from
the Consultant.
Consultant may disclose a Confidential Communication to the extent such
disclosure is required by legal process, by a court of competent jurisdiction or by any other
governmental authority, provided that any such disclosure shall be limited to the specific
part of the Confidential Communication required to be disclosed and provided that
Consultant first comply with the requirements set forth in this paragraph. As soon as
practicable after Consultant becomes aware that it is required, or may become required, to
disclose the Confidential Communication for such reason, Consultant shall notify the
Commission in writing, in order to allow the Commission to pursue legal remedies designed
to limit the Confidential Communication required to be disclosed or to assure the
confidential treatment of the disclosed information following its disclosure. Consultant shall
cooperate with the Commission, on a reimbursable basis, to assist the Commission in
limiting the scope of disclosure or assuring the confidential treatment of any disclosed
information.
52. Subpoenas or Court Orders. Should Consultant receive a subpoena or court
order related to this Agreement, the Services or the Project, Consultant shall immediately
provide written notice of the subpoena or court order to the Commission. Consultant shall
not respond to any such subpoena or court order until notice to the Commission is provided
as required herein, and shall cooperate with the Commission in responding to the
subpoena or court order.
53. Assignment or Transfer. Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein,
without the prior written consent of the Commission. Any attempt to do so shall be null and
void, and any assignees, hypothecates or transferees shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer.
54. Successors and Assigns. This Agreement shall be binding on the successors
and assigns of the parties, and shall not be assigned by Consultant without the prior written
consent of Commission.
55. Incorporation of Recitals. The recitals set forth above are true and correct
and are incorporated into this Agreement as though fully set forth herein.
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56. No W aiver. Failure of Commission to insist on any one occasion upon strict
compliance with any of the terms, covenants or conditions hereof shall not be deemed a
waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any
rights or powers hereunder at any one time or more times be deemed a waiver or
relinquishment of such other right or power at any other time or times.
[Signatures on following page]
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SIGNATURE PAGE
TO
PROFESSIONAL SERVICES AGREEMENT
WITH PROPOSITION 1B, FTA AND FHWA FUNDING ASSISTANCE FOR
RIGHT OF WAY SUPPORT SERVICES
IN WITNESS WHEREOF, this Agreement was executed on the date first written
above.
RIVERSIDE COUNTY
TRANSPORTATION COMMISSION
By:
Anne Mayer
Approved as to Form:
By:
Best, Best & Krieger LLP
General Counsel
CONSULTANT
[INSERT NAME OF CONSULTANT]
By:
Signature
Name
Title
ATTEST:
By:
Its: ___________________________
* A corporation requires the signatures of two corporate officers.
One signature shall be that of the chairman of board, the president or any vice president and the second
signature (on the attest line) shall be that of the secretary, any assistant secretary, the chief financial officer or
any assistant treasurer of such corporation.
If the above persons are not the intended signators, evidence of signature authority shall be provided to
RCTC.
85
Exhibit A
17336.00603\31171937.1
TO BE INSERTED FROM RFP:
EXHIBIT "A" - SCOPE OF SERVICES
EXHIBIT "E" - CONSULTANT DBE COMMITMENT
EXHIBIT "F" - FTA PROVISIONS
EXHIBIT “G” – LOBBYING ACTIVITIES DISCLOSURE
TO BE INSERTED FROM CONSULTANT PROPOSAL:
EXHIBIT "C"- COMPENSATION AND PAYMENT
86
Exhibit B-1
17336.00603\31171937.1
EXHIBIT "B"
SAMPLE TASK ORDER FORM
ON--CALL RIGHT OF WAY SUPPORT SERVICES
REQUEST FOR TASK ORDER PROPOSAL
Background
The Riverside County Transportation Commission (the “Commission”) issued Request for Proposal
No. 19-31-045-00 (the “RFP”), on January 17, 2019, to seek out a bench of qualified consultants to
provide on-call right of way support services. Pursuant to the RFP, the Commission selected __
qualified firms to serve as on-call consultants for various right of way support services
(“Consultants”). The RFP specified that the Commission will seek proposals from the selected
firms for right of way support consulting projects, as needed. The selected firms are:
_______________________________________________________________________.
This Right of Way Support Services Request for Task Order Proposal (“Task Order RFP”) seeks the
following services:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Process Timeline
The Commission intends to award a rail/transit operations consulting services task order for the
above described services (“Task Order”) pursuant to this Task Order RFP to the highest ranked
proposal, subject to limitations, in accordance with the following timeline:
a. Requests for Clarification
The deadline for requests for clarification regarding this Task Order RFP is (INSERT
DATE). Requests for clarification shall be submitted via email to ______________.
b. Proposal Deadline Date
i. The Commission will accept proposals submitted to the Commission office prior to
(INSERT DATE and Time).
ii. Proposals must be submitted to _______________ in _____________ format.
Submittal Requirements
Each proposal submitted in response to this Task Order RFP must include the following information
87
Exhibit B-2
17336.00603\31171937.1
in the order specified below.
The proposal content and format is as follows:
a. Proposals shall be typed and submitted on 8.5 x 11 inch paper. Charts and schedules may
be included in 11” x 17” format, which will be counted as 2 pages and included in the total
page count. Proposals should not exceed ___ pages in length, excluding any RCTC-provided
forms or attachments. The beginning of a section must be clearly indicated between sections
on a page.
b. Proposals must include the following sections, organized as indicated.
SECTION 1 – PROPOSAL LETTER
Proposal Letter: This letter must be signed by a person or persons authorized to
legally bind the Consultant to enter into the Task Order.
SECTION 2 – QUALIFICATIONS OF FIRM AND PERSONNEL
This section should identify the qualifications of the firm, the individuals and any
subconsultants proposed to provide the Task Order services. These must be
individuals proposed by Consultant in the original RFP.
ii. Provide qualification information regarding your firm’s and the proposed
personnel’s qualifications, descriptions of relevant projects previously
performed and references for this particular Task Order RFP, including:
(A) experience of your firm in performing similar services, and examples of such
services, including references. Include any information that may be of value
to the Commission in evaluating your firm’s qualifications for the Task Order
services;
(B) each key person who will perform the required services and their key
role(s);
(C) descriptions of the experience and qualifications of proposed key
personnel;
(D) descriptions of relevant projects previously performed by the proposed
key personnel. Include what services were performed, the date of the project,
and unique features of the project which would be beneficial to the
Commission; and
(E) a written assurance that the key individuals listed and identified will
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Exhibit B-3
17336.00603\31171937.1
perform the work and will not be substituted with other personnel without the
Commission’s prior approval.
SECTION 3 – UNDERSTANDING AND APPROACH
Describe the services and activities that your firm proposes to provide to the
Commission. Include the following information:
Demonstrate your firm’s understanding of the nature of the work and the approach to
be taken. Provide an explanation of the approach to providing the services requested
under this Task Order RFP. Describe how Consultant would tailor its services to
meet the needs of the Commission addressing the tasks and discussing the
deliverables. Include a detailed proposed timeline for completing the services.
Provide a list of documents and/or information your firm anticipates needing from
the Commission and its consultants to perform the services.
SECTION 4 – PROPOSAL PRICING
Proposal Pricing Form. Provide a proposed price for this Task Order request.
Pricing shall itemize all items that will be charged to this Task Order, including
anticipated mileage, printing or other direct cost categories previously identified in
your firm’s Schedule of Other Direct Costs. Costs shall be segregated to show staff
hours, rates, classifications, administrative overhead, and other direct costs, if any.
Hourly rates must not exceed rates for classifications noted in the original RFP
Evaluation Process
a. Basis of Award
Proposals will be evaluated in accordance with the stated evaluation criteria. The Commission
reserves the right to award the contract not to a proposer with the highest ranked proposal, but to the
proposal who will provide the best overall match to the task order requirements. The Commission
also reserves the right to postpone a decision, request follow up material, or cancel or withdraw this
request in its sole and absolute discretion. The Commission will award the Task Order to the best
overall match to the Task Order RFP requirements and who serves the Commission’s interest.
b. Evaluation Criteria – 100 total points possible
1. Qualifications of Firm and Personnel (INSERT NUMBER points max)
Experience in performing work similar in nature and/or related to the work
described in this Task Order RFP; appropriateness of personnel to their
assigned work tasks; logic of project organization; adequacy of labor
commitment.
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Exhibit B-4
17336.00603\31171937.1
2. Understanding & Approach (INSERT NUMBER points max)
Depth of Offeror’s understanding of Commission’s requirements listed in this
Task Order RFP; understanding of the project issues and potential conflicts;
and ability to meet deadlines.
3. Cost (INSERT NUMBER points max)
Reasonableness of the total cost based on anticipated requirements; adequacy
of data in support of figures quoted; basis on which prices are quotes.
Proposer Price Score = Lowest Price Proposed X ____ Points
Proposer’s Price
Commission Rights
a) The Commission shall not be liable for proposal preparation related expenses.
b) The Commission retains the right to negotiate with the highest scoring Consultant if it
chooses not to accept the proposal as offered.
c) The Commission retains the right to consider any other factors it deems necessary to
comply with federal and/or state law.
d) The Commission retains the right to accept or reject any and all proposals, or any part
thereof, at its discretion.
e) The Commission retains the right to cancel, amend or withdraw the entire Task Order
RFP.
VI. Notification and Debriefing
Consultants submitting a proposal pursuant to this Task Order RFP shall be informed of the
Commission’s decision regarding award of the Task Order. Any Consultant not awarded a Task
Order pursuant to this Task Order RFP may request an explanation regarding the strengths and
weaknesses of its proposal. Such request must be made within ten (10) days of notification of
Task Order award.
90
Exhibit D-1
17336.00603\31171937.1
EXHIBIT "D"
FHWA/ CALTRANS REQUIREMENTS
1. STATEMENT OF COMPLIANCE.
A. Consultant’s signature affixed herein shall constitute a certification under penalty of
perjury under the laws of the State of California that CONSULTANT has, unless exempt,
complied with, the nondiscrimination program requirements of Government Code Section
12990 and Title 2, California Administrative Code, Section 8103.
B. During the performance of this Agreement, Consultant and its subconsultants shall not
unlawfully discriminate, harass, or allow harassment against any employee or applicant for
employment because of sex, race, color, ancestry, religious creed, national origin, physical
disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age
(over 40), marital status, and denial of family care leave. Consultant and subconsultants
shall insure that the evaluation and treatment of their employees and applicants for
employment are free from such discrimination and harassment. Consultant and
subconsultants shall comply with the provisions of the Fair Employment and Housing Act
(Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated there under
(California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations
of the Fair Employment and Housing Commission implementing Government Code Section
12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of
Regulations, are incorporated into this Agreement by reference and made a part hereof as
if set forth in full. Consultant and its subconsultants shall give written notice of their
obligations under this clause to labor organizations with which they have a collective
bargaining or other Agreement.
C. If this Agreement is federally funded, the Consultant shall comply with regulations
relative to Title VI (nondiscrimination in federally-assisted programs of the Department of
Transportation – Title 49 Code of Federal Regulations, Part 21 - Effectuation of Title VI of
the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will
implement and maintain a policy of nondiscrimination in which no person in the state of
California shall, on the basis of race, color, national origin, religion, sex, age, disability, be
excluded from participation in, denied the benefits of or subject to discrimination under any
program or activity by the recipients of federal assistance or their assignees and
successors in interest.
D. If this Agreement is federally funded, the Consultant, with regard to the work performed
by it during the Agreement shall act in accordance with Title VI. Specifically, the Consultant
shall not discriminate on the basis of race, color, national origin, religion, sex, age, or
disability in the selection and retention of Subconsultants, including procurement of
materials and leases of equipment. The Consultant shall not participate either directly or
indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT’s Regulations,
91
Exhibit D-2
17336.00603\31171937.1
including employment practices when the Agreement covers a program whose goal is
employment.
2. DEBARMENT AND SUSPENSION CERTIFICATION
CONSULTANT’s signature affixed herein, shall constitute a certification under penalty of
perjury under the laws of the State of California, that CONSULTANT has complied with
Title 2 CFR, Part 180, “OMB Guidelines to Agencies on Government wide Debarment and
Suspension (nonprocurement)”, which certifies that he/she or any person associated
therewith in the capacity of owner, partner, director, officer, or manager, is not currently
under suspension, debarment, voluntary exclusion, or determination of ineligibility by any
federal agency; has not been suspended, debarred, voluntarily excluded, or determined
ineligible by any federal agency within the past three (3) years; does not have a proposed
debarment pending; and has not been indicted, convicted, or had a civil judgment rendered
against it by a court of competent jurisdiction in any matter involving fraud or official
misconduct within the past three (3) years. Any exceptions to this certification must be
disclosed to COMMISSION.
B. Exceptions will not necessarily result in denial of recommendation for award, but will be
considered in determining CONSULTANT responsibility. Disclosures must indicate to
whom exceptions apply, initiating agency, and dates of action.
C. Exceptions to the Federal Government Excluded Parties List System maintained by the
General Services Administration are to be determined by the Federal highway
Administration.
3. DISCRIMINATION
The Commission shall not discriminate on the basis of race, color, national origin, or sex in
the award and performance of any DOT-assisted contract or in the implementation of the
Caltrans DBE program or the requirements of 49 CFR Part 26. The Commission shall take
all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in
the award and administration of DOT-assisted contracts.
Consultant or subcontractor shall not discriminate on the basis of race, color, national
origin, of sex in the performance of this Agreement. Consultant or subcontractor shall carry
out applicable requirements of 49 CFR Part 26 and the Caltrans DBE program in the award
and administration of DOT-assisted contracts, as further set forth below. Failure by the
Consultant or subcontractor to carry out these requirements is a material breach of this
Agreement, which may result in the termination of this Agreement or such other remedy, as
the Commission deems appropriate.
4. PROMPT PAYMENT
Consultant agrees to pay each subcontractor under this prime contract for satisfactory
performance of its contract no later than 10 days from the receipt of each payment the
92
Exhibit D-3
17336.00603\31171937.1
prime contractor receives from the Commission. Any delay or postponement of payment
from the above referenced time frame may occur only for good cause following written
approval of the Commission. This clause applies to both DBE and non-DBE
subcontractors.
5. RELEASE OF RETAINAGE
No retainage will be withheld by the Agency from progress payments due the prime
consultant. Retainage by the prime consultant or subconsultants is prohibited, and no
retainage will be held by the prime consultant from progress due subconsultants. Any
violation of this provision shall subject the violating prime consultant or subconsultants to
the penalties, sanctions, and other remedies specified in Section 7108.5 of the California
Business and Professions Code. This requirement shall not be construed to limit or impair
any contractual, administrative, or judicial remedies, otherwise available to the prime
consultant or subconsultant in the event of a dispute involving late payment or nonpayment
by the prime consultant or deficient subconsultant performance, or noncompliance by a
subconsultant. This provision applies to both DBE and non-DBE prime consultants and
subconsultants.
6. LEGAL REMEDIES
In addition to those contract remedies set forth under relevant provisions of California law,
either Party to this Agreement may, where applicable, seek legal redress for violations of
this Agreement pursuant to the relevant provisions of 49 C.F.R. Parts 23 and 26, to the
relevant federal or state statutory provisions governing civil rights violations, and to the
relevant federal and state provisions governing false claims or “whistleblower” actions, as
well as any and all other applicable federal and state provisions of law.
The Consultant shall include a provision to this effect in each of its agreements with its
subcontractors.
7. DBE PARTICIPATION
Caltrans has developed a statewide DBE program pursuant to 49 C.F.R. Part 26. The
requirements and procedures, as applicable, of the Caltrans DBE program are hereby
incorporated by reference into this Agreement. Even if no DBE participation will be
reported, Consultant shall complete Exhibits "E" of this Agreement in compliance with the
Caltrans DBE program, a final utilization report in the form provided by the Commission,
and any other Caltrans required DBE forms.
A. This Agreement is subject to Title 49, Part 26 of the Code of Federal Regulations
entitled “Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs.” By obtaining DBE participation on this
Agreement, Consultant will assist Caltrans in meeting its federally mandated statewide
overall DBE goal.
93
Exhibit D-4
17336.00603\31171937.1
B. This Agreement does not have a DBE goal, but DBE goals may be included with
each task order request for proposals. If a DBE subconsultant is unable to perform, the
Consultant must make a good faith effort to replace him/her with another DBE
subconsultant, if the goal is not otherwise met. A DBE is a firm meeting the definition of a
DBE as specified in 49 CFR.
C. DBE and other small businesses (SB), as defined in Title 49 CFR, Part 26 are
encouraged to participate in the performance of agreements financed in whole or in part
with federal funds. The Consultant, subrecipient or subconsultant shall not discriminate on
the basis of race, color, national origin, or sex in the performance of this Agreement. The
Consultant shall carry out applicable requirements of 49 CFR, Part 26 in the award and
administration of US DOT- assisted agreements. Failure by the contractor to carry out
these requirements is a material breach of this Agreement, which may result in the
termination of this Agreement or such other remedy as the Commission, Caltrans or the
Department of Transportation deems appropriate.
D. Any subcontract entered into as a result of this Agreement shall contain all of the
provisions of this section.
E. A DBE may be terminated only with prior written approval from the Commission and
only for the reasons specified in 49 CFR 26.53(f). Prior to requesting Commission consent
for the termination, the prime consultant must meet the procedural requirements specified
in 49 CFR 26.53(f).
8. DBE PARTICIPATION GENERAL INFORMATION
It is Consultant's responsibility to be fully informed regarding the requirements of 49 CFR,
Part 26, and the Caltrans DBE program. Particular attention is directed to the following:
A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be
certified through the California Unified Certification Program (CUCP).
B. A certified DBE may participate as a prime contractor, subcontractor, joint venture
partner, as a vendor of material or supplies, or as a trucking company.
C. A DBE joint-venture partner must be responsible for specific contract items of work
or clearly defined portions thereof. Responsibility means actually performing, managing
and supervising the work with its own forces. The DBE joint venture partner must share in
the capital contribution, control, management, risks and profits of the joint-venture
commensurate with its ownership interest.
D. A DBE must perform a commercially useful function, pursuant to 49 CFR 26.55 that
is, must be responsible for the execution of a distinct element of the work and must carry
out its responsibility by actually performing, managing and supervising the work, as more
fully described in section 8 below.
94
Exhibit D-5
17336.00603\31171937.1
E. The Consultant shall list only one subcontractor for each portion of work as defined
in the Consultant's bid/proposal and all DBE subcontractors should be listed in the
Consultant's bid/cost proposal list of subcontractors.
F. A Consultant who is a certified DBE is eligible to claim all of the work in the
Agreement toward the DBE participation except that portion of the work to be performed by
non-DBE subcontractors.
9 . COMMERCIALLY USEFUL FUNCTION
A. A DBE performs a commercially useful function when it is responsible for execution
of the work of the Agreement and is carrying out its responsibilities by actually performing,
managing, and supervising the work involved. To perform a commercially useful function,
the DBE must also be responsible with respect to materials and supplies used on the
Agreement, for negotiating price, determining quality and quantity, ordering the material,
and installing (where applicable) and paying for the material itself. To determine whether a
DBE is performing a commercially useful function, evaluate the amount of work
subcontracted, industry practices; whether the amount the firm is to be paid under the
Agreement is commensurate with the work it is actually performing, and other relevant
factors.
B. A DBE does not perform a commercially useful function if its role is limited to that of
an extra participant in a transaction, Agreement, or project through which funds are passed
in order to obtain the appearance of DBE participation. In determining whether a DBE is
such an extra participant, examine similar transactions, particularly those in which DBEs do
not participate.
C. If a DBE does not perform or exercise responsibility for at least thirty percent of the
total cost of its Agreement with its own work force, or the DBE subcontracts a greater
portion of the work of the Agreement than would be expected on the basis of normal
industry practice for the type of work involved, it will be presumed that it is not performing a
commercially useful function.
10. DBE CERTIFICATION AND DE-CERTIFICATION STATUS
If a DBE subcontractor is decertified during the life of the Agreement, the decertified
subcontractor shall notify the Contractor in writing with the date of de-certification. If a
subcontractor becomes a certified DBE during the life of the Agreement, the subcontractor
shall notify the Contractor in writing with the date of certification. Any changes should be
reported to the Commission’s Contract Administrator within 30 days.
11. DBE RECORDS
A. The Contractor shall maintain records of materials purchased and/or supplied from
all subcontracts entered into with certified DBEs. The records shall show the name and
business address of each DBE or vendor and the total dollar amount actually paid each
95
Exhibit D-6
17336.00603\31171937.1
DBE or vendor, regardless of tier. The records shall show the date of payment and the total
dollar figure paid to all firms. DBE prime Contractors shall also show the date of work
performed by their own forces along with the corresponding dollar value of the work.
B. Upon completion of the Agreement, a summary of these records shall be prepared
and submitted on the most current version of the form entitled, “Final Report-Utilization of
Disadvantaged Business Enterprises (DBE),” CEM- 2402F (Exhibit 17-F in Chapter 17 of
the LAPM), certified correct by the Contractor or the Contractor’s authorized representative
and shall be furnished to the Commission’s Contract Administrator with the final invoice.
Failure to provide the summary of DBE payments with the final invoice will result in twenty-
five percent (25%) of the dollar value of the invoice being withheld from payment until the
form is submitted. The amount will be returned to the Contractor when a satisfactory “Final
Report Utilization of Disadvantaged Business Enterprises (DBE)” is submitted to the
Commission’s Contract Administrator.
a. Prior to the fifteenth of each month, the Contractor shall submit documentation to
the Commission’s Contract Administrator showing the amount paid to DBE trucking
companies. The Contractor shall also obtain and submit documentation to the
Commission’s Contract Administrator showing the amount paid by DBE trucking
companies to all firms, including owner-operators, for the leasing of trucks. If the DBE
leases trucks from a non-DBE, the Contractor may count only the fee or commission the
DBE receives as a result of the lease arrangement.
b. The Contractor shall also submit to the Commission’s Contract Administrator
documentation showing the truck number, name of owner, California Highway Patrol CA
number, and if applicable, the DBE certification number of the truck owner for all trucks
used during that month. This documentation shall be submitted on the Caltrans ”Monthly
DBE Trucking Verification,” CEM-2404(F) form provided to the Contractor by the
Commission’s Contract Administrator.
12. REPORTING MATERIAL OR SUPPLIES PURCHASED FROM DBEs
When Reporting DBE Participation, Material or Supplies purchased from DBEs may count
as follows:
A. If the materials or supplies are obtained from a DBE manufacturer, 100 % of the
cost of the materials or supplies will count toward the DBE participation. A DBE
manufacturer is a firm that operates or maintains a factory or establishment that produces
on the premises, the materials, supplies, articles, or equipment required under the
Agreement and of the general character described by the specifications.
B. If the materials or supplies purchased from a DBE regular dealer, count 60 % of the
cost of the materials or supplies toward DBE goals. A DBE regular dealer is a firm that
owns, operates or maintains a store, warehouse, or other establishment in which the
materials, supplies, articles or equipment of the general character described by the
specifications and required under the Agreement, are bought, kept in stock, and regularly
96
Exhibit D-7
17336.00603\31171937.1
sold or leased to the public in the usual course of business. To be a DBE regular dealer,
the firm must be an established, regular business that engages, as its principal business
and under its own name, in the purchase and sale or lease of the products in question. A
person may be a DBE regular dealer in such bulk items as petroleum products, steel,
cement, gravel, stone or asphalt without owning, operating or maintaining a place of
business provided in this section.
C. If the person both owns and operates distribution equipment for the products, any
supplementing of regular dealers’ own distribution equipment, shall be by a long-term lease
agreement and not an ad hoc or Agreement-by-Agreement basis. Packagers, brokers,
manufacturers’ representatives, or other persons who arrange or expedite transactions are
not DBE regular dealers within the meaning of this section.
D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a
regular dealer, will be limited to the entire amount of fees or commissions charged for
assistance in the procurement of the materials and supplies, or fees or transportation
charges for the delivery of materials or supplies required on the job site, provided the fees
are reasonable and not excessive as compared with fees charged for similar services.
13. REPORTING PARTICIPATION OF DBE TRUCKING COMPANIES
When Reporting DBE Participation, Participation of DBE trucking companies may count as
follows:
A. The DBE must be responsible for the management and supervision of the entire
trucking operation for which it is responsible.
B. The DBE must itself own and operate at least one fully licensed, insure, and
operational truck used on the Agreement.
C. The DBE receives credit for the total value of the transportation services it provides
on the Agreement using trucks it owns, insures, and operates using drivers it employs.
D. The DBE may lease trucks from another DBE firm including an owner-operator who
is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the
total value of the transportation services the lessee DBE provides on the Agreement.
E. The DBE may also lease trucks from a non-DBE firm, including an owner-operator.
The DBE who leases trucks from a non-DBE is entitled to credit only for the fee or
commission it receives as a result of the lease arrangement. The DBE does not receive
credit for the total value of the transportation services provided by the lessee, since these
services are not provided by the DBE.
F. For the purposes of this section, a lease must indicate that the DBE has exclusive
use and control over the truck. This does not preclude the leased truck from working for
others during the term of the lease with the consent of the DBE, as long as the lease gives
97
Exhibit D-8
17336.00603\31171937.1
the DBE absolute priority for use of the leased truck. Leased trucks must display the name
and identification number of the DBE.
14. DEBARMENT, SUSPENSION AND OTHER INELIGIBILITY AND VOLUNTARY
EXCLUSION
In accordance with 49 CFR Part 29, which by this reference is incorporated herein,
Consultant’s subconsultants completed and submitted the Certificate of subconsultant
Regarding Debarment, Suspension and Other Ineligibility and Voluntary Exclusion as part
of the Consultant’s proposal. If it is later determined that Consultant’s subconsultants
knowingly rendered an erroneous Certificate, the Commission may, among other remedies,
terminate this Agreement.
15. ENVIRONMENTAL COMPLIANCE
A. Compliance with all applicable standards, orders, or requirements issued under section
306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33
U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations
(40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess of
$100,000).
B. Mandatory standards and policies relating to energy efficiency which are contained in
the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Pub. L. 94-163, 89 Stat. 871).
16. NATIONAL LABOR RELATIONS BOARD CERTIFICATION
In accordance with Public Contract Code Section 10296, and by signing this Agreement,
Consultant certifies under penalty of perjury that no more than one final unappealable
finding of contempt of court by a federal court has been issued against Consultant within
the immediately preceding two-year period, because of Consultant’s failure to comply with
an order of a federal court that orders Consultant to comply with an order of the National
Labor Relations Board.
98
Exhibit E-1
17336.00603\31171937.1
EXHIBIT "E"
CONSULTANT DBE COMMITMENT
Consultant to Complete this Section
1. Local Agency Name: ________________________________________________________________________________________
2. Project Location: ___________________________________________________________________________________________
3. Project Description: _________________________________________________________________________________________
4. Consultant Name: __________________________________________________________________________________________
5. Contract DBE Goal %: ________________
DBE Commitment Information
6. Description of Services to be Provided 7. DBE Firm
Contact Information 8. DBE Cert.
Number 9. DBE %
99
AGENDA ITEM 8B
Agenda Item 8B
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: April 10, 2019
TO: Riverside County Transportation Commission
FROM: Western Riverside County Programs and Projects Committee
Mark Lancaster, Right of Way Manager
THROUGH: Anne Mayer, Executive Director
SUBJECT: Agreement for On-Call Right of Way Engineering and Surveying Services
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF
RECOMMENDATION:
This item is for the Commission to:
1) Award Agreement 19-31-013-00 to Psomas to provide on-call right of way engineering
and surveying services for a three-year term, in an amount not to exceed an aggregate
value of $480,000;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute
the agreement on behalf of the Commission; and
3) Authorize the Executive Director, or designee, to execute task orders awarded to the
consultant under the terms of the agreement.
BACKGROUND INFORMATION:
Right of way engineering and surveying companies provide boundary maps, monumentation
maps, survey control maps, records of survey, parcel or appraisal maps, lot line adjustments, and
legal descriptions and plat maps, among other services. These companies also meet the
requirements of Caltrans in providing base mapping and pre-construction and
post-construction monumentation.
The Commission utilizes these services when acquiring property for projects or to determine
property boundaries on property already owned by the Commission. Often, the Commission will
call on these companies to stake or mark the areas of a property that are proposed to be
acquired, obtaining useful information for the Commission’s appraisers, right of way agents, and
the property owners. The current on-call right of way engineering and surveying services
contract will be expiring at the end of April 2019, hence staff is procuring a new on-call contract.
100
Agenda Item 8B
Procurement Process
Pursuant to Government Code 4525 et seq, selection of architect, engineer, and related services
shall be on the basis of demonstrated competence and on professional qualifications necessary
for the satisfactory performance of the services required. Therefore, staff used the qualification
method of selection for the procurement. Evaluation criteria included elements such as
qualifications of firm, staffing and project organization, project understanding and approach, and
the ability to respond to the requirements set forth under the terms of a request for qualifications
(RFQ).
RFQ No. 19-31-013-00 for on-call right of way engineering and surveying services was released
by staff on December 11, 2018. A public notice was advertised in the Press Enterprise, and the
RFQ was posted on the Commission’s Planet Bids website, which is accessible through the
Commission’s website. Through Planet Bids, 37 firms downloaded the RFQ; 6 of these firms are
located in Riverside County. A pre-submittal meeting was held on December 18 and attended by
12 firms. Staff responded to all questions submitted by potential proposers prior to the January
15 clarification deadline. Ten firms – David Evans and Associates (Ontario); Guida Surveying
(Irvine); Hernandez, Kroone & Associates (San Bernardino); Huitt-Zollars (Ontario); MNS
Engineers (Santa Barbara); Michael Baker International (Ontario); Overland, Pacific & Cutler (Long
Beach); Psomas (Riverside); WestLand Group (Ontario); and Willdan Engineering (Anaheim) –
submitted responsive and responsible statements of qualifications prior to the 2:00 p.m.
submittal deadline on January 29. Based on the evaluation criteria set forth in the RFQ, the firms
were evaluated and scored by an evaluation committee comprised of Commission staff.
As a result of the evaluation committee’s assessment of the written statements of qualifications,
the evaluation committee shortlisted and invited two firms – Huitt-Zollars and Psomas – to the
interview phase of the evaluation and selection process. Interviews were conducted on February
19. Subsequently, the evaluation committee determined Psomas to be the most qualified firm
to provide on-call engineering and surveying services.
As a result of the evaluation committee’s assessment of the written statements of qualifications
and interviews, the evaluation committee recommends contract award to Psomas for a three-
year term in the aggregate amount of $480,000, as this firm earned the highest total evaluation
score.
The on-call, indefinite delivery/quantity task order type contract does not guarantee work to the
awardee; therefore, no funds are guaranteed to the consultant. Services will be provided
through the Commission’s issuance of contract task orders to the consultant on an as-needed
basis. Staff will review the task orders by analyzing costs and comparing consultant’s level of
effort with similar task orders performed in the past. To ensure the consultant’s price is fair and
reasonable, staff submitted the consultant’s cost proposal to Caltrans for approval of the
consultant’s indirect cost rate. Additionally, the Commission’s internal auditor is auditing the
consultant’s wages and other direct costs.
101
Agenda Item 8B
The Commission’s model on-call professional services agreement will be entered into with the
consultant firm, subject to any changes approved by the Executive Director and pursuant to legal
counsel review. Staff oversight of the contract and task orders will maximize the effectiveness
of the consultant and minimize costs to the Commission.
Financial Information
In Fiscal Year Budget: Yes
N/A Year: FY 2018/19
FY 2019/20+ Amount: $ 50,000
$430,000
Source of Funds:
2009 Measure A, State Transportation
Improvement Program, Federal, and
Transportation Uniform Mitigation Fee
funds
Budget Adjustment: No
N/A
GL/Project Accounting No.:
002302 81403 00000 0000 210 73 81403
005104 81403 00000 0000 210 72 81403
005127 81403 00000 0000 210 72 81403
002317 81403 00000 0000 261 31 81403
003001 81403 00000 0000 222 31 81403
003038 81403 00000 0000 222 31 81403
003021 81403 00000 0000 262 31 81403
622402 81403 00000 0000 262 31 81403
004027 81403 00000 0000 265 33 81403
652402 81403 00000 0000 265 33 81403
653822 81403 00000 0000 265 33 81403
007201 81403 00000 0000 720 67 81403
007202 81403 00000 0000 720 67 81403
Fiscal Procedures Approved: Date: 03/11/2019
Attachment: Draft On-Call Professional Services Agreement No. 19-31-013-00
102
17336.00603\31171937.1
Agreement No. 19-31-013-00
PROFESSIONAL SERVICES AGREEMENT
WITH PROPOSITION 1B, FTA AND FHWA FUNDING ASSISTANCE
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AGREEMENT WITH
PSOMAS
FOR ON-CALL RIGHT OF WAY
ENGINEERING AND SURVEYING SERVICES
Parties and Date.
This Agreement is made and entered into this ___ day of _______, 2019, by
and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("the
Commission") and PSOMAS ("Consultant"), a CORPORATION. The Commission and
Consultant are sometimes referred to herein individually as “Party”, and collectively as the
“Parties”.
Recitals.
A. On November 8, 1988 the Voters of Riverside County approved Measure A
authorizing the collection of a one-half percent (1/2 %) retail transactions and use tax (the
"tax") to fund transportation programs and improvements within the County of Riverside,
and adopting the Riverside County Transportation Improvement Plan (the "Plan").
B. Pursuant to Public Utility Code Sections 240000 et seq., the Commission is
authorized to allocate the proceeds of the Tax in furtherance of the Plan.
C. On November 5, 2002, the voters of Riverside County approved an extension
of the Measure A tax for an additional thirty (30) years for the continued funding of
transportation and improvements within the County of Riverside.
D. A source of funding for payment for on-call professional consulting services
provided under this Agreement may be State Proposition 1B funds, Federal Highway
Administration Funds (“FHWA”) administered by the California Department of
Transportation (“Caltrans”), and/or funds from the Federal Transit Administration (“FTA”).
E. Consultant desires to perform and assume responsibility for the provision of
certain on-call right of way engineering and surveying services in the County of Riverside,
California. Services shall be provided on the terms and conditions set forth in this
Agreement and in the task order(s) to be issued pursuant to this Agreement and executed
by the Commission and the Consultant (“Task Order”). Consultant represents that it is
experienced in providing such services to public clients, is licensed in the State of
California (if necessary), and is familiar with the plans of the Commission.
103
17336.00603\31171937.1
F. The Commission desires to engage Consultant to render such services on an
on-call basis. Services shall be ordered by Task Order(s) to be issued pursuant to this
Agreement for future projects as set forth herein and in each Task Order (each such
project shall be designated a “Project” under this Agreement).
Terms.
1. General Scope of Services. Consultant shall furnish all technical and
professional services, including labor, material, equipment, transportation, supervision and
expertise, and incidental and customary work necessary to fully and adequately supply the
on-call right of way engineering and surveying services for the Projects ("Services"). The
Services are generally described in Exhibit "A" attached hereto and incorporated herein by
reference. The Services shall be more particularly described in the individual Task Orders
issued by the Commission’s Executive Director or designee. No Services shall be
performed unless authorized by a fully executed Task Order. All Services shall be subject
to, and performed in accordance with, this Agreement, the relevant Task Order, the
exhibits attached hereto and incorporated herein by reference, and all applicable local,
state and federal laws, rules and regulations.
2. Commencement of Services. [___USE THIS PARAGRAPH IF NOTICE TO
PROCEED OR LIMITED NOTICE TO PROCEED HAS BEEN ISSUED___] Commission
has authorized Consultant to commence performance of the Services by a “Notice to
Proceed” or "Limited Notice to Proceed" dated _____________. Consultant agrees that
Services already performed pursuant to the “Notice to Proceed” or "Limited Notice to
Proceed" shall be governed by all the provisions of this Agreement, including all
indemnification and insurance provisions.
[___USE THIS SENTENCE IF NO NOTICE TO PROCEED OR LIMITED
NOTICE TO PROCEED HAS BEEN ISSUED___] The Consultant shall commence work
upon receipt of a written "Notice to Proceed" or "Limited Notice to Proceed" from
Commission.
3. Pre-Award Audit. As a result of the federal funding for this Project, and to the
extent Caltrans procedures apply in connection therewith, issuance of a “Notice to
Proceed” may be contingent upon completion and approval of a pre-award audit. Any
questions raised during the pre-award audit shall be resolved before the Commission will
consider approval of this Agreement. The federal aid provided under this Agreement is
contingent on meeting all Federal requirements and could be withdrawn, thereby entitling
the Commission to terminate this Agreement, if the procedures are not completed. The
Consultant’s files shall be maintained in a manner to facilitate Federal and State process
reviews. In addition, the applicable federal agency, or Caltrans acting in behalf of a federal
agency, may require that prior to performance of any work for which Federal
reimbursement is requested and provided, that said federal agency or Caltrans must give
to Commission an “Authorization to Proceed”.
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4. Audit Procedures. Consultant and subconsultant contracts, including cost
proposals and ICR, are subject to audits or reviews such as, but not limited to, a contract
audit, an incurred cost audit, an Independent Cost Review (ICR) Audit, or a CPA ICR audit
work paper review. If selected for audit or review, this Agreement, Consultant’s cost
proposal and ICR and related work papers, if applicable, will be reviewed to verify
compliance with 48 CFR, Part 31 and other related laws and regulations. In the instances
of a CPA ICR audit work paper review it is Consultant’s responsibility to ensure federal,
state, or local government officials are allowed full access to the CPA’s work papers
including making copies as necessary. This Agreement, Consultant’s cost proposal, and
ICR shall be adjusted by Consultant and approved by the Commission’s contract manager
to conform to the audit or review recommendations. Consultant agrees that individual terms
of costs identified in the audit report shall be incorporated into this Agreement by this
reference if directed by Commission at its sole discretion. Refusal by Consultant to
incorporate audit or review recommendations, or to ensure that the federal, state or local
governments have access to CPA work papers, will be considered a breach of the
Agreement terms and cause for termination of this Agreement and disallowance of prior
reimbursed costs. Additional audit provisions applicable to this Agreement are set forth in
Sections 23 and 24 of this Agreement.
5. Term.
5.1 This Agreement shall go into effect on the date first set forth above,
contingent upon approval by Commission, and Consultant shall commence work after
notification to proceed by Commission’s Contract Administrator. This Agreement shall end
three years from the date set forth above, unless extended by contract amendment. All
Task Order work should be completed within the term.
5.2 Consultant is advised that any recommendation for contract award is
not binding on Commission until this Agreement is fully executed and approved by the
Commission.
5.3 This Agreement shall remain in effect until the date set forth above,
unless earlier terminated as provided herein. Consultant shall complete the Services
within the term of this Agreement, and shall meet any other established schedules and
deadlines. All applicable indemnification provisions of this Agreement shall remain in
effect following the termination of this Agreement.
6. Commission's Contract Administrator. The Commission hereby designates
the Commission's Executive Director, or his or her designee, to act as its Contract
Administrator for the performance of this Agreement ("Commission’s Contract
Administrator"). Commission’s Contract Administrator shall have the authority to act on
behalf of the Commission for all purposes under this Agreement. Commission’s Contract
Administrator shall also review and give approval, as needed, to the details of Consultant's
work as it progresses. Consultant shall not accept direction or orders from any person
other than the Commission’s Contract Administrator or his or her designee.
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7. Consultant's Representative. Consultant hereby designates [___INSERT
NAME OR TITLE___] to act as its Representative for the performance of this Agreement
("Consultant’s Representative"). Consultant's Representative shall have full authority to act
on behalf of Consultant for all purposes under this Agreement. The Consultant’s
Representative shall supervise and direct the Services, using his or her professional skill
and attention, and shall be responsible for all means, methods, techniques, sequences and
procedures and for the satisfactory coordination of all portions of the Services under this
Agreement. Consultant shall work closely and cooperate fully with Commission’s Contract
Administrator and any other agencies which may have jurisdiction over, or an interest in,
the Services. Consultant's Representative shall be available to the Commission staff at all
reasonable times. Any substitution in Consultant's Representative shall be approved in
writing by Commission’s Contract Administrator.
8. Substitution of Key Personnel. Consultant has represented to the
Commission that certain key personnel will perform and coordinate the Services under this
Agreement. Should one or more of such personnel become unavailable, Consultant may
substitute other personnel of at least equal competence upon written approval by the
Commission. In the event that the Commission and Consultant cannot agree as to the
substitution of the key personnel, the Commission shall be entitled to terminate this
Agreement for cause, pursuant to the provisions herein. The key personnel for
performance of this Agreement are: [___LIST NAMES AND TITLES___], or as otherwise
identified in the Task Order.
9. Standard of Care; Licenses. Consultant represents and maintains that it is
skilled in the professional calling necessary to perform all Services, duties and obligations
required by this Agreement to fully and adequately complete the Project. Consultant shall
perform the Services and duties in conformance to and consistent with the standards
generally recognized as being employed by professionals in the same discipline in the
State of California. Consultant warrants that all employees and subcontractors shall have
sufficient skill and experience to perform the Services assigned to them. Consultant further
represents and warrants to the Commission that its employees and subcontractors have all
licenses, permits, qualifications and approvals of whatever nature that are legally required
to perform the Services, and that such licenses and approvals shall be maintained
throughout the term of this Agreement. Consultant shall perform, at its own cost and
expense and without reimbursement from the Commission, any services necessary to
correct errors or omissions which are caused by the Consultant’s failure to comply with the
standard of care provided for herein, and shall be fully responsible to the Commission for
all damages and other liabilities provided for in the indemnification provisions of this
Agreement arising from the Consultant’s errors and omissions. Any employee of
Consultant or its sub-consultants who is determined by the Commission to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a
threat to the safety of persons or property, or any employee who fails or refuses to perform
the Services in a manner acceptable to the Commission, shall be promptly removed from
the Project by the Consultant and shall not be re-employed to perform any of the Services
or to work on the Project.
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10. Independent Contractor. The Services shall be performed by Consultant or
under its supervision. Consultant will determine the means, methods and details of
performing the Services subject to the requirements of this Agreement. Commission
retains Consultant on an independent contractor basis and not as an employee, agent or
representative of the Commission. Consultant retains the right to perform similar or
different services for others during the term of this Agreement. Any additional personnel
performing the Services under this Agreement on behalf of Consultant shall at all times be
under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries
and other amounts due such personnel in connection with their performance of Services
and as required by law. Consultant shall be responsible for all reports and obligations
respecting such personnel, including but not limited to, social security taxes, income tax
withholdings, unemployment insurance, disability insurance, and workers' compensation
insurance.
11. Task Orders; Commencement of Services; Schedule of Services.
Consultant shall commence Services under a Task Order within five (5) days of receiving a
fully executed Task Order from the Commission. Task Orders shall be in substantially the
form set forth in Exhibit “B” attached hereto and incorporated herein by reference. Each
Task Order shall identify the funding source(s) to be used to fund the Services under the
relevant Task Order, and Consultant shall comply with the requirements specified herein,
and in the attached exhibits, applicable to the identified funding source(s).
Consultant shall perform the Services expeditiously, within the term of this
Agreement, and in accordance with any schedule of Services set forth in a Task Order
(“Schedule”). Consultant represents that it has the professional and technical personnel to
perform the Services in conformance with such conditions. In order to facilitate
Consultant's conformance with the Schedule, the Commission shall respond to
Consultant's submittals in a timely manner. Upon request of Commission’s Contract
Administrator, Consultant shall provide a more detailed schedule of anticipated
performance to meet the Schedule of Services.
11.1 Modification of the Schedule. Consultant shall regularly report to the
Commission, through correspondence or progress reports, its progress in providing
required Services within the scheduled time periods. Commission shall be promptly
informed of all anticipated delays. In the event that Consultant determines that a schedule
modification is necessary, Consultant shall promptly submit a revised Schedule of Services
for approval by Commission’s Contract Administrator.
11.2 Trend Meetings. Consultant shall conduct trend meetings with the
Commission’s Contract Administrator and other interested parties, as requested by the
Commission, on a bi-weekly basis or as may be mutually scheduled by the Parties at a
standard day and time. These trend meetings will encompass focused and informal
discussions concerning scope, schedule, and current progress of Services, relevant cost
issues, and future Project objectives. Consultant shall be responsible for the preparation
and distribution of meeting agendas to be received by the Commission and other
attendees no later than three (3) working days prior to the meeting.
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11.3 Progress Reports. As part of its monthly invoice, Consultant shall
submit a progress report, in a form determined by the Commission, which will indicate the
progress achieved during the previous month in relation to the Schedule of Services.
Submission of such progress report by Consultant shall be a condition precedent to
receipt of payment from the Commission for each monthly invoice submitted.
12. Delay in Performance.
12.1 Excusable Delays. Should Consultant be delayed or prevented from
the timely performance of any act or Services required by the terms of the Agreement by
reason of acts of God or of the public enemy, acts or omissions of the Commission or
other governmental agencies in either their sovereign or contractual capacities, fires,
floods, epidemics, quarantine restrictions, strikes, freight embargoes or unusually severe
weather, performance of such act shall be excused for the period of such delay.
12.2 Written Notice. If Consultant believes it is entitled to an extension of
time due to conditions set forth in subsection 12.1, Consultant shall provide written notice
to the Commission within seven (7) working days from the time Consultant knows, or
reasonably should have known, that performance of the Services will be delayed due to
such conditions. Failure of Consultant to provide such timely notice shall constitute a
waiver by Consultant of any right to an excusable delay in time of performance.
12.3 Mutual Agreement. Performance of any Services under this
Agreement may be delayed upon mutual agreement of the Parties. Upon such
agreement, Consultant's Schedule of Services shall be extended as necessary by the
Commission. Consultant shall take all reasonable steps to minimize delay in completion,
and additional costs, resulting from any such extension.
13. Preliminary Review of Work. All reports, working papers, and similar work
products prepared for submission in the course of providing Services under this Agreement
shall be submitted to the Commission’s Contract Administrator in draft form, and the
Commission may require revisions of such drafts prior to formal submission and approval.
In the event plans and designs are to be developed as part of the Project, final detailed
plans and designs shall be contingent upon obtaining environmental clearance as may be
required in connection with Federal funding. In the event that Commission’s Contract
Administrator, in his or her sole discretion, determines the formally submitted work product
to be not in accordance with the standard of care established under this Agreement,
Commission’s Contract Administrator may require Consultant to revise and resubmit the
work at no cost to the Commission.
14. Appearance at Hearings. If and when required by the Commission,
Consultant shall render assistance at public hearings or other meetings related to the
Project or necessary to the performance of the Services. However, Consultant shall not be
required to, and will not, render any decision, interpretation or recommendation regarding
questions of a legal nature or which may be construed as constituting a legal opinion.
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15. Opportunity to Cure; Inspection of Work. Commission may provide
Consultant an opportunity to cure, at Consultant's expense, all errors and omissions which
may be disclosed during Project implementation. Should Consultant fail to make such
correction in a timely manner, such correction may be made by the Commission, and the
cost thereof charged to Consultant. Consultant shall allow the Commission’s Contract
Administrator, Caltrans and FHWA to inspect or review Consultant's work in progress at
any reasonable time.
16. Claims Filed by Contractor.
16.1 If claims are filed by the Commission’s contractor for the Project
(“Contractor”) relating to work performed by Consultant’s personnel, and additional
information or assistance from the Consultant’s personnel is required by the Commission
in order to evaluate or defend against such claims; Consultant agrees to make reasonable
efforts to make its personnel available for consultation with the Commission’s construction
contract administration and legal staff and for testimony, if necessary, at depositions and
at trial or arbitration proceedings.
16.2 Consultant’s personnel that the Commission considers essential to
assist in defending against Contractor claims will be made available on reasonable notice
from the Commission. Consultation or testimony will be reimbursed at the same rates,
including travel costs that are being paid for the Consultant’s personnel services under
this Agreement.
16.3 Services of the Consultant’s personnel and other support staff in
connection with Contractor claims will be performed pursuant to a written contract
amendment, if necessary, extending the termination date of this Agreement in order to
finally resolve the claims.
16.4 Nothing contained in this Section shall be construed to in any way
limit Consultant’s indemnification obligations contained in Section 29. In the case of any
conflict between this Section and Section 29, Section 29 shall govern. This Section is not
intended to obligate the Commission to reimburse Consultant for time spent by its
personnel related to Contractor claims for which Consultant is required to indemnify and
defend the Commission pursuant to Section 29 of this Agreement.
17. Final Acceptance. Upon determination by the Commission that Consultant
has satisfactorily completed the Services required under this Agreement and within the
term set forth herein the Commission shall give Consultant a written Notice of Final
Acceptance. Upon receipt of such notice, Consultant shall incur no further costs
hereunder, unless otherwise specified in the Notice of Final Acceptance. Consultant may
request issuance of a Notice of Final Acceptance when, in its opinion, it has satisfactorily
completed all Services required under the terms of this Agreement. In the event copyrights
are permitted under this Agreement, then in connection with Federal funding, it is hereby
acknowledged and agreed that the United States Department of Transportation shall have
the royalty-free non-exclusive and irrevocable right to reproduce, publish, or otherwise use,
and to authorize others to use, the work for governmental purposes.
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18. Laws and Regulations. Consultant shall keep itself fully informed of and in
compliance with all local, state and federal laws, rules and regulations in any manner
affecting the performance of the Project or the Services, including all Cal/OSHA
requirements, and shall give all notices required by law. For example, and not by way of
limitation, Consultant shall keep itself fully informed of and in compliance with all
implementing regulations, design standards, specifications, previous commitments that
must be incorporated in the design of the Project, and administrative controls including
those of the United States Department of Transportation. Compliance with Federal
procedures may include completion of the applicable environmental documents and
approved by the United States Department of Transportation. For example, and not by
way of limitation, a signed Categorical Exclusion, Finding of No Significant Impact, or
published Record of Decision may be required to be approved and/or completed by the
United States Department of Transportation. For Consultant shall be liable for all violations
of such laws and regulations in connection with Services. If the Consultant performs any
work knowing it to be contrary to such laws, rules and regulations and without giving written
notice to the Commission, Consultant shall be solely responsible for all costs arising
therefrom. Consultant shall defend, indemnify and hold Commission, its officials, directors,
officers, employees and agents free and harmless, pursuant to the indemnification
provisions of this Agreement, from any claim or liability arising out of any failure or alleged
failure to comply with such laws, rules or regulations.
19. Fees and Payment.
19.1 The method of payment for this Agreement will be based on actual
cost plus a fixed fee. Commission shall reimburse Consultant for actual costs (including
labor costs, employee benefits, travel, equipment rental costs, overhead and other direct
costs) incurred by Consultant in performance of the Services. Consultant shall not be
reimbursed for actual costs that exceed the estimated wage rates, employee benefits,
travel, equipment rental, overhead, and other estimated costs set forth in the approved
Consultant cost proposal attached hereto as Exhibit “C” and incorporated herein by
reference, or any cost proposal included as part of a Task Order (“Cost Proposal”) unless
additional reimbursement is provided for by written amendment. The overhead rates
included in the attached Exhibit “C” shall be fixed for the term of the Master Agreement,
and shall not be subject to adjustment, unless required by the applicable funding source.
In In no event, shall Consultant be reimbursed for overhead costs at a rate that exceeds
Commission’s approved overhead rate set forth in the Cost Proposal. In the event that
Commission determines that a change to the Services from that specified in the Cost
Proposal, this Agreement or any Task Order is required, the Agreement time or actual
costs reimbursable by Commission shall be adjusted by written amendment to
accommodate the changed work. The maximum total cost as specified in Section 19.8
shall not be exceeded, unless authorized by a written amendment.
19.2 In addition to the allowable incurred costs, Commission shall pay
Consultant a fixed fee to be set forth in each Task Order (“Fixed Fee”). The Fixed Fee is
nonadjustable for each Task Order, except in the event of a significant change in the
Scope of Services, and such adjustment is made by written amendment.
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19.3 Reimbursement for transportation and subsistence costs shall not
exceed the rates specified in the approved Cost Proposal. In addition, payments to
Consultant for travel and subsistence expenses claimed for reimbursement or applied as
local match credit shall not exceed rates authorized to be paid exempt non-represented
State employees under current State Department of Personnel Administration (DPA)
rules, unless otherwise authorized by Commission. If the rates invoiced are in excess of
those authorized DPA rates, and Commission has not otherwise approved said rates, then
Consultant is responsible for the cost difference and any overpayments shall be
reimbursed to the Commission on demand.
19.4 When milestone cost estimates are included in the approved Cost
Proposal for a Task Order, Consultant shall obtain prior written approval for a revised
milestone cost estimate from the Contract Administrator before exceeding such cost
estimate.
19.5 Progress payments shall be made monthly in arrears based on
Services provided and allowable incurred costs. A pro rata portion of the Fixed Fee shall
be included in the monthly progress payments. If Consultant fails to submit the required
deliverable items according to the schedule set forth in the Scope of Services,
Commission shall have the right to delay payment or terminate this Agreement in
accordance with the provisions of Section 21, Termination.
19.6 No payment shall be made prior to approval of any Services, nor for
any Services performed prior to approval of this Agreement.
19.7 Consultant shall be reimbursed, as promptly as fiscal procedures will
permit upon receipt by Commission’s Contract Administrator of itemized invoices in
triplicate. Invoices shall be submitted no later than 45 calendar days after the performance
of work for which Consultant is billing. Invoices shall detail the work performed on each
milestone and each project as applicable. Invoices shall follow the format stipulated for the
approved Cost Proposal and shall reference this Agreement number and project title. Final
invoice must contain the final cost and all credits due Commission including any
equipment purchased under the Equipment Purchase provisions of this Agreement. The
final invoice should be submitted within 60 calendar days after completion of Consultant’s
work. Invoices shall be mailed to Commission’s Contract Administrator at the following
address:
Riverside County Transportation Commission
Attention: Accounts Payable
P.O. 12008
Riverside, CA 92502
19.8 The total amount payable by Commission, including the Fixed Fee,
shall not exceed the amount set forth in each Task Order.
19.9 Salary increases shall be reimbursable if the new salary is within the
salary range identified in the approved Cost Proposal and is approved by Commission’s
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Contract Administrator. For personnel subject to prevailing wage rates as described in the
California Labor Code, all salary increases, which are the direct result of changes in the
prevailing wage rates are reimbursable.
19.10 Consultant shall not be reimbursed for any expenses unless
authorized in writing by the Commission’s Contract Administrator.
19.11 All subcontracts in excess of $25,000 shall contain the above
provisions.
20. Disputes.
20.1 Any dispute, other than audit, concerning a question of fact arising
under this Agreement that is not disposed of by mutual agreement of the Parties shall be
decided by a committee consisting of RCTC’s Contract Administrator and the Director of
Capital Projects, who may consider written or verbal information submitted by Consultant.
20.2 Not later than 30 days after completion of all Services under this
Agreement, Consultant may request review by the Commission’s Executive Director of
unresolved claims or disputes, other than audit. The request for review will be submitted in
writing.
20.3 Neither the pendency of a dispute, nor its consideration by the
committee will excuse Consultant from full and timely performance in accordance with the
terms of this Agreement.
21. Termination.
21.1 Commission reserves the right to terminate this Agreement upon thirty
(30) calendar days written notice to Consultant, for any or no reason, with the reasons for
termination stated in the notice. Commission may terminate Services under a Task Order,
at any time, for any or no reason, with the effective date of termination to be specified in
the notice of termination of Task Order.
21.2 Commission may terminate this Agreement with Consultant should
Consultant fail to perform the covenants herein contained at the time and in the manner
herein provided. In the event of such termination, Commission may proceed with the
Services in any manner deemed proper by Commission. If Commission terminates this
Agreement with Consultant, Commission shall pay Consultant the sum due to Consultant
under this Agreement for Services completed and accepted prior to termination, unless
the cost of completion to Commission exceeds the funds remaining in the Agreement. In
such case, the overage shall be deducted from any sum due Consultant under this
Agreement and the balance, if any, shall be paid to Consultant upon demand.
21.3 In addition to the above, payment upon termination shall include a
prorated amount of profit, if applicable, but no amount shall be paid for anticipated profit
on unperformed Services. Consultant shall provide documentation deemed adequate by
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Commission’s Contract Administrator to show the Services actually completed by
Consultant prior to the effective date of termination. This Agreement shall terminate on
the effective date of the Notice of Termination
21.4 Upon receipt of the written Notice of Termination, Consultant shall
discontinue all affected Services as directed in the Notice or as otherwise provided herein,
and deliver to the Commission all Documents and Data, as defined in this Agreement, as
may have been prepared or accumulated by Consultant in performance of the Services,
whether completed or in progress.
21.5 In addition to the above, Consultant shall be liable to the Commission
for any reasonable additional costs incurred by the Commission to revise work for which
the Commission has compensated Consultant under this Agreement, but which the
Commission has determined in its sole discretion needs to be revised, in part or whole, to
complete the Project because it did not meet the standard of care established in this
Agreement. Termination of this Agreement for cause may be considered by the
Commission in determining whether to enter into future agreements with Consultant.
21.6 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.
21.7 Consultant, in executing this Agreement, shall be deemed to have
waived any and all claims for damages which may otherwise arise from the Commission's
termination of this Agreement, for convenience or cause, as provided in this Section.
21.8 Consultant may not terminate this Agreement except for cause.
22. Cost Principles and Administrative Requirements.
22.1 Consultant agrees that the Contract Cost Principles and Procedures,
48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be
used to determine the cost allowability of individual items.
22.2 Consultant also agrees to comply with federal procedures in
accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards.
22.3 Any costs for which payment has been made to CONSULTANT that
are determined by subsequent audit to be unallowable under 2 CFR, Part 200 and 48
CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject
to repayment by Consultant to Commission.
22.4 All subcontracts in excess of $25,000 shall contain the above
provisions.
23. Retention of Records/Audit. For the purpose of determining compliance with,
as applicable, 2 CFR Part 200, Public Contract Code 10115, et seq. and Title 21, California
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Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters
connected with the performance of this Agreement pursuant to Government Code 8546.7;
Consultant, subconsultants, and Commission shall maintain and make available for
inspection all books, documents, papers, accounting records, and other evidence
pertaining to the performance of this Agreement, including but not limited to, the costs of
administering this Agreement. All parties shall make such materials available at their
respective offices at all reasonable times during the Agreement period and for three years
from the date of final payment under this Agreement. The State, State Auditor,
Commission, FHWA, or any duly authorized representative of the State or Federal
Government shall have access to any books, records, and documents of Consultant and
it’s certified public accountants (CPA) work papers that are pertinent to this Agreement and
indirect cost rates (ICR) for audit, examinations, excerpts, and transactions, and copies
thereof shall be furnished if requested. Subcontracts in excess of $25,000 shall contain this
provision.
23.1 Accounting System. Consultant and its subcontractors shall establish
and maintain an accounting system and records that properly accumulate and segregate
expenditures by line item for the Services. The accounting system of Consultant and its
subcontractors shall conform to Generally Accepted Accounting Principles (GAAP), enable
the determination of incurred costs at interim points of completion, and provide support for
reimbursement payment vouchers or invoices.
24. Audit Review Procedures.
24.1 Any dispute concerning a question of fact arising under an interim or
post audit of this Agreement that is not disposed of by agreement, shall be reviewed by
Commission’s Chief Financial Officer.
24.2 Not later than 30 days after issuance of the final audit report,
Consultant may request a review by Commission’s Chief Financial Officer of unresolved
audit issues. The request for review shall be submitted in writing.
24.3 Neither the pendency of a dispute nor its consideration by
Commission shall excuse Consultant from full and timely performance, in accordance with
the terms of this Agreement.
25. Subcontracting.
25.1 Nothing contained in this Agreement or otherwise, shall create any
contractual relation between Commission and any subconsultant(s), and no subcontract
shall relieve Consultant of its responsibilities and obligations hereunder. Consultant
agrees to be as fully responsible to Commission for the acts and omissions of its
subconsultant(s) and of persons either directly or indirectly employed by any of them as it
is for the acts and omissions of persons directly employed by Consultant. Consultant’s
obligation to pay its subconsultant(s) is an independent obligation from Commission’s
obligation to make payments to the Consultant.
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25.2 Consultant shall perform the Services contemplated with resources
available within its own organization and no portion of the Services pertinent to this
Agreement shall be subcontracted without written authorization by Commission’s Contract
Administrator, except that, which is expressly identified in the approved Cost Proposal.
25.3 Consultant shall pay its subconsultants within ten (10) calendar days
from receipt of each payment made to Consultant by Commission.
25.4 Any subcontract in excess of $25,000 entered into as a result of this
Agreement shall contain all the provisions stipulated in this Agreement to be applicable to
subconsultants.
25.5 Any substitution of subconsultant(s) must be approved in writing by
Commission’s Contract Administrator prior to the start of work by the subconsultant(s).
25.6 Exhibit “C” may set forth the rates at which each subconsultant shall
bill the Consultant for Services and that are subject to reimbursement by the Commission
to Consultant. Additional Direct Costs, as defined in Exhibit “C” shall be the same for both
the Consultant and all subconsultants, unless otherwise identified in Exhibit “C” or in a
Task Order. The subconsultant rate schedules and cost proposals contained herein are
for accounting purposes only.
26. Equipment Purchase
26.1 Prior authorization, in writing, by Commission’s Contract Administrator
shall be required before Consultant enters into any unbudgeted purchase order, or
subcontract for supplies, equipment, or services. Consultant shall provide an evaluation of
the necessity or desirability of incurring such costs.
26.2 For purchase of any item, service or consulting work not covered in
the Cost Proposal and exceeding $5,000 prior authorization, in writing, by Commission’s
Contract Administrator is required. Three competitive quotations must be submitted with
the request for such purchase, or the absence of bidding must be adequately justified.
26.3 Any equipment purchased as a result of this Agreement is subject to
the following: Consultant shall maintain an inventory of all nonexpendable property.
Nonexpendable property is defined as having a useful life of at least two years and an
acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is
sold or traded in, Commission shall receive a proper refund or credit at the conclusion of
this Agreement, or if this Agreement is terminated, Consultant may either keep the
equipment and credit Commission in an amount equal to its fair market value, or sell such
equipment at the best price obtainable at a public or private sale, in accordance with
established Commission procedures; and credit Commission in an amount equal to the
sales price. If Consultant elects to keep the equipment, fair market value shall be
determined at Consultant’s expense, on the basis of a competent independent appraisal
of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to
by Commission and Consultant. If Consultant determines to sell the equipment, the terms
and conditions of such sale must be approved in advance by Commission. 2 CFR, Part
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200 requires a credit to Federal funds when participating equipment with a fair market
value greater than $5,000 is credited to the Project.
26.4 All subcontracts in excess $25,000 shall contain the above provisions.
27. Labor Code Requirements.
27.1 Prevailing Wages.
(a) Consultant shall comply with the State of California’s General
Prevailing Wage Rate requirements in accordance with California Labor Code, Section
1770, and all Federal, State, and local laws and ordinances applicable to the Services.
(b) Any subcontract entered into as a result of this Agreement, if for
more than $25,000 for public works construction or more than $15,000 for the alteration,
demolition, repair, or maintenance of public works, shall contain all of the provisions of this
Section.
(c) When prevailing wages apply to the Services described in the
Scope of Services, transportation and subsistence costs shall be reimbursed at the
minimum rates set by the Department of Industrial Relations (DIR) as outlined in the
applicable Prevailing Wage Determination. See http://www.dir.ca.gov.
(d) Copies of the prevailing rate of per diem wages in effect at
commencement of this Agreement are on file at the Commission’s offices. Consultant shall
make copies of the prevailing rates of per diem wages for each craft, classification or type
of worker needed to execute the Services available to interested parties upon request, and
shall post copies at the Consultant’s principal place of business and at the project site.
Consultant shall defend, indemnify and hold the Commission, its elected officials, officers,
employees and agents free and harmless from any claims, liabilities, costs, penalties or
interest arising out of any failure or alleged failure to comply with the Prevailing Wage
Laws.
27.2 DIR Registration. Since the Services are being performed as part of
an applicable “public works” or “maintenance” project, then pursuant to Labor Code
Sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered
with the Department of Industrial Relations. Consultant shall maintain registration for the
duration of the Project and require the same of any subconsultants. This Project may also
be subject to compliance monitoring and enforcement by the Department of Industrial
Relations. It shall be Consultant’s sole responsibility to comply with all applicable
registration and labor compliance requirements.
27.3 Eight-Hour Law. Pursuant to the provisions of the California Labor
Code, eight hours of labor shall constitute a legal day’s work, and the time of service of
any worker employed on the work shall be limited and restricted to eight hours during any
one calendar day, and forty hours in any one calendar week, except when payment for
overtime is made at not less than one and one-half the basic rate for all hours worked in
excess of eight hours per day (“Eight-Hour Law”), unless Consultant or the Services are
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not subject to the Eight-Hour Law. Consultant shall forfeit to Commission as a penalty,
$50.00 for each worker employed in the execution of this Agreement by him, or by any
sub-consultant under him, for each calendar day during which such workman is required
or permitted to work more than eight hours in any calendar day and forty hours in any one
calendar week without such compensation for overtime violation of the provisions of the
California Labor Code, unless Consultant or the Services are not subject to the Eight-Hour
Law.
27.4 Employment of Apprentices. This Agreement shall not prevent the
employment of properly indentured apprentices in accordance with the California Labor
Code, and no employer or labor union shall refuse to accept otherwise qualified
employees as indentured apprentices on the work performed hereunder solely on the
ground of race, creed, national origin, ancestry, color or sex. Every qualified apprentice
shall be paid the standard wage paid to apprentices under the regulations of the craft or
trade in which he or she is employed and shall be employed only in the craft or trade to
which he or she is registered.
If California Labor Code Section 1777.5 applies to the Services, Consultant and any
subcontractor hereunder who employs workers in any apprenticeable craft or trade shall
apply to the joint apprenticeship council administering applicable standards for a certificate
approving Consultant or any sub-consultant for the employment and training of
apprentices. Upon issuance of this certificate, Consultant and any sub-consultant shall
employ the number of apprentices provided for therein, as well as contribute to the fund to
administer the apprenticeship program in each craft or trade in the area of the work
hereunder.
The parties expressly understand that the responsibility for compliance with
provisions of this Section and with Sections 1777.5, 1777.6 and 1777.7 of the California
Labor Code in regard to all apprenticeable occupations lies with Consultant
28. Ownership of Materials/Confidentiality.
28.1 Documents & Data. This Agreement creates an exclusive and
perpetual license for Commission to copy, use, modify, reuse, or sub-license any and all
copyrights and designs embodied in plans, specifications, studies, drawings, estimates,
materials, data and other documents or works of authorship fixed in any tangible medium
of expression, including but not limited to, physical drawings or data magnetically or
otherwise recorded on computer diskettes, which are prepared or caused to be prepared
by Consultant under this Agreement (“Documents & Data”).
Consultant shall require all subcontractors to agree in writing that
Commission is granted an exclusive and perpetual license for any Documents & Data the
subcontractor prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right
to grant the exclusive and perpetual license for all such Documents & Data. Consultant
makes no such representation and warranty in regard to Documents & Data which were
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prepared by design professionals other than Consultant or provided to Consultant by the
Commission.
Commission shall not be limited in any way in its use of the Documents
& Data at any time, provided that any such use not within the purposes intended by this
Agreement shall be at Commission’s sole risk.
28.2 Intellectual Property. In addition, Commission shall have and retain
all right, title and interest (including copyright, patent, trade secret and other proprietary
rights) in all plans, specifications, studies, drawings, estimates, materials, data, computer
programs or software and source code, enhancements, documents, and any and all works
of authorship fixed in any tangible medium or expression, including but not limited to,
physical drawings or other data magnetically or otherwise recorded on computer media
(“Intellectual Property”) prepared or developed by or on behalf of Consultant under this
Agreement as well as any other such Intellectual Property prepared or developed by or on
behalf of Consultant under this Agreement.
The Commission shall have and retain all right, title and interest in
Intellectual Property developed or modified under this Agreement whether or not paid for
wholly or in part by Commission, whether or not developed in conjunction with Consultant,
and whether or not developed by Consultant. Consultant will execute separate written
assignments of any and all rights to the above referenced Intellectual Property upon
request of Commission.
Consultant shall also be responsible to obtain in writing separate
written assignments from any subcontractors or agents of Consultant of any and all right to
the above referenced Intellectual Property. Should Consultant, either during or following
termination of this Agreement, desire to use any of the above-referenced Intellectual
Property, it shall first obtain the written approval of the Commission.
All materials and documents which were developed or prepared by the
Consultant for general use prior to the execution of this Agreement and which are not the
copyright of any other party or publicly available and any other computer applications, shall
continue to be the property of the Consultant. However, unless otherwise identified and
stated prior to execution of this Agreement, Consultant represents and warrants that it has
the right to grant the exclusive and perpetual license for all such Intellectual Property as
provided herein.
Commission further is granted by Consultant a non-exclusive and
perpetual license to copy, use, modify or sub-license any and all Intellectual Property
otherwise owned by Consultant which is the basis or foundation for any derivative,
collective, insurrectional, or supplemental work created under this Agreement.
28.3 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents and Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by
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Consultant. Such materials shall not, without the prior written consent of Commission, be
used by Consultant for any purposes other than the performance of the Services. Nor
shall such materials be disclosed to any person or entity not connected with the
performance of the Services or the Project. Nothing furnished to Consultant which is
otherwise known to Consultant or is generally known, or has become known, to the related
industry shall be deemed confidential. Consultant shall not use Commission's name or
insignia, photographs of the Project, or any publicity pertaining to the Services or the
Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of Commission.
28.4 Infringement Indemnification. Consultant shall defend, indemnify and
hold the Commission, its directors, officials, officers, employees, volunteers and agents
free and harmless, pursuant to the indemnification provisions of this Agreement, for any
alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any
other proprietary right of any person or entity in consequence of the use on the Project by
Commission of the Documents & Data, including any method, process, product, or
concept specified or depicted.
29. Indemnification. To the fullest extent permitted by law, Consultant shall
defend (with counsel of Commission’s choosing), indemnify and hold Commission,
Caltrans and their directors, officials, officers, employees, consultants, volunteers, and
agents free and harmless from any and all claims, demands, causes of action, costs,
expenses, liability, loss, damage or injury, in law or equity, to property or persons, including
wrongful death, in any manner arising out of or incident to alleged negligent acts,
omissions, or willful misconduct of Consultant, its officials, officers, employees, agents,
consultants, and contractors arising out of or in connection with the performance of the
Services, the Project or this Agreement, including without limitation the payment of
consequential damages, expert witness fees, and attorneys fees and other related costs
and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any
and all such aforesaid suits, actions or other legal proceedings of every kind that may be
brought or instituted against Commission, Caltrans and their directors, officials, officers,
employees, consultants, agents, or volunteers. Consultant shall pay and satisfy any
judgment, award or decree that may be rendered against Commission, Caltrans or their
directors, officials, officers, employees, consultants, agents, or volunteers, in any such suit,
action or other legal proceeding. Consultant shall reimburse Commission, Caltrans and
their directors, officials, officers, employees, consultants, agents, and/or volunteers, for any
and all legal expenses and costs, including reasonable attorney’s fees, incurred by each of
them in connection therewith or in enforcing the indemnity herein provided. Consultant's
obligation to indemnify shall not be restricted to insurance proceeds, if any, received by
Commission, Caltrans, their directors, officials officers, employees, consultants, agents, or
volunteers.
If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of
Consultant’s performance as a “design professional” (as that term is defined under Civil
Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8,
which is fully incorporated herein, Consultant’s indemnification obligation shall be limited
to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful
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misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a
court of competent jurisdiction, Consultant’s liability for such claim, including the cost to
defend, shall not exceed the Consultant’s proportionate percentage of fault.
Consultant’s obligations as set forth in this Section shall survive expiration or
termination of this Agreement.
30. To the fullest extent permitted by law, Consultant shall defend, indemnify and
hold Commission, Caltrans and their directors, officials, officers, employees, consultants,
volunteers, and agents free and harmless from any and all claims, demands, causes of
action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or
persons, including wrongful death, inverse condemnation, and any claims related to
property acquisition and relocation rules or failure to detect or abate hazardous materials,
which are brought by a third party, and which , in any manner arise out of or are incident to
alleged negligent acts, omissions, or willful misconduct of Consultant, its officials, officers,
employees, agents, consultants, and contractors arising out of or in connection with the
performance of the Services, the Project or this Agreement, including without limitation the
payment of consequential damages, expert witness fees, and attorneys fees and other
related costs and expenses. Consultant shall defend, at Consultant's own cost, expense
and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind
that may be brought or instituted against Commission, Caltrans, and their directors,
officials, officers, employees, consultants, agents, or volunteers. Consultant shall pay and
satisfy any judgment, award or decree that may be rendered against Commission, Caltrans
or their directors, officials, officers, employees, consultants, agents, or volunteers, in any
such suit, action or other legal proceeding. Consultant shall reimburse Commission,
Caltrans and their directors, officials, officers, employees, consultants, agents, and/or
volunteers, for any and all legal expenses and costs, including reasonable attorney’s fees,
incurred by each of them in connection therewith or in enforcing the indemnity herein
provided. Consultant's obligation to indemnify shall not be restricted to insurance
proceeds, if any, received by Commission, Caltrans or their directors, officials officers,
employees, consultants, agents, or volunteers. Notwithstanding the foregoing, to the
extent Consultant’s Services are subject to Civil Code Section 2782.8, the above indemnity
shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out
of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
Consultant. Consultant’s obligations as set forth in this Section 29 shall survive expiration
or termination of this Agreement.
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31. Insurance.
31.1 Time for Compliance. Consultant shall not commence work under
this Agreement until it has provided evidence satisfactory to the Commission that it has
secured all insurance required under this Section, in a form and with insurance companies
acceptable to the Commission. In addition, Consultant shall not allow any subcontractor
to commence work on any subcontract until it has secured all insurance required under
this Section.
31.2 Minimum Requirements. Consultant shall, at its expense, procure
and maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the
performance of the Agreement by the Consultant, its agents, representatives, employees
or subcontractors. Consultant shall also require all of its subcontractors to procure and
maintain the same insurance for the duration of the Agreement. Such insurance shall
meet at least the following minimum levels of coverage:
(a) Minimum Scope of Insurance. Coverage shall be at least as
broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001 or exact equivalent); (2)
Automobile Liability: Insurance Services Office Business Auto Coverage (form CA 0001,
code 1 (any auto) or exact equivalent); and (3) Workers’ Compensation and Employer’s
Liability: Workers’ Compensation insurance as required by the State of California and
Employer’s Liability Insurance.
(b) Minimum Limits of Insurance. Consultant shall maintain limits
no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance or other form with
general aggregate limit is used, either the general aggregate limit shall apply separately to
this Agreement/location or the general aggregate limit shall be twice the required
occurrence limit. Limits may be achieved by any combination of primary and excess or
umbrella liability insurance; (2) Automobile Liability: $1,000,000 per accident for bodily
injury and property damage. Limits may be achieved by any combination of primary and
excess or umbrella liability insurance; and (3) Workers’ Compensation and Employer’s
Liability: Workers’ Compensation limits as required by the Labor Code of the State of
California. Employer’s Practices Liability limits of $1,000,000 per accident.
31.3 Professional Liability. Consultant shall procure and maintain, and
require its sub-consultants to procure and maintain, for a period of five (5) years following
completion of the Project, errors and omissions liability insurance appropriate to their
profession. For Consultant, such insurance shall be in an amount not less than
$1,000,000 per claim. This insurance shall be endorsed to include contractual liability
applicable to this Agreement and shall be written on a policy form coverage specifically
designed to protect against acts, errors or omissions of the Consultant. “Covered
Professional Services” as designated in the policy must specifically include work
performed under this Agreement. The policy must “pay on behalf of” the insured and must
include a provision establishing the insurer's duty to defend. Subconsultants of
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Consultant shall obtain such insurance in an amount not less than $2,000,000 per claim.
Notwithstanding the foregoing, the Commission may consider written requests to lower or
dispense with the errors and omissions liability insurance requirement contained in this
Section for certain subconsultants of Consultant, on a case-by-case basis, depending on
the nature and scope of the Services to be provided by the subconsultant. Approval of
such request shall be in writing, signed by the Commission’s Contract Administrator.
31.4 Aircraft Liability Insurance. Prior to conducting any Services requiring
use of aircraft, Consultant shall procure and maintain, or cause to be procured and
maintained, aircraft liability insurance or equivalent form, with a single limit as shall be
required by the Commission. Such insurance shall include coverage for owned, hired and
non-owned aircraft and passengers, and shall name, or be endorsed to name, the
Commission, Caltrans and their directors, officials, officers, employees and agents as
additional insureds with respect to the Services or operations performed by or on behalf of
the Consultant.
31.5 Insurance Endorsements. The insurance policies shall contain the
following provisions, or Consultant shall provide endorsements on forms approved by the
Commission to add the following provisions to the insurance policies:
(a) General Liability.
(i) Commercial General Liability Insurance must include
coverage for (1) bodily Injury and property damage; (2) personal Injury/advertising Injury;
(3) premises/operations liability; (4) products/completed operations liability; (5) aggregate
limits that apply per Project; (6) explosion, collapse and underground (UCX) exclusion
deleted; (7) contractual liability with respect to this Agreement; (8) broad form property
damage; and (9) independent consultants coverage.
(ii) The policy shall contain no endorsements or provisions
limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by
one insured against another; or (3) contain any other exclusion contrary to this Agreement.
(iii) The policy shall give the Commission, its directors,
officials, officers, employees, and agents insured status using ISO endorsement forms 20
10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(iv) The additional insured coverage under the policy shall be
“primary and non-contributory” and will not seek contribution from the Commission’s or
Caltrans’ insurance or self-insurance and shall be at least as broad as CG 20 01 04 13, or
endorsements providing the exact same coverage.
(b) Automobile Liability. The automobile liability policy shall be
endorsed to state that: (1) the Commission, Caltrans and their directors, officials, officers,
employees and agents shall be covered as additional insureds with respect to the
ownership, operation, maintenance, use, loading or unloading of any auto owned, leased,
hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the
insurance coverage shall be primary insurance as respects the Commission, Caltrans and
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their directors, officials, officers, employees and agents, or if excess, shall stand in an
unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage.
Any insurance or self-insurance maintained by the Commission, Caltrans and their
directors, officials, officers, employees and agents shall be excess of the Consultant’s
insurance and shall not be called upon to contribute with it in any way.
(c) Workers’ Compensation and Employers Liability Coverage.
(i) Consultant certifies that he/she is aware of the provisions
of Section 3700 of the California Labor Code which requires every employer to be insured
against liability for workers’ compensation or to undertake self-insurance in accordance
with the provisions of that code, and he/she will comply with such provisions before
commencing work under this Agreement.
(ii) The insurer shall agree to waive all rights of subrogation
against the Commission, its directors, officials, officers, employees and agents for losses
paid under the terms of the insurance policy which arise from work performed by the
Consultant.
(d) All Coverages.
(i) Defense costs shall be payable in addition to the limits
set forth hereunder.
(ii) Requirements of specific coverage or limits contained in
this Section are not intended as a limitation on coverage, limits, or other requirement, or a
waiver of any coverage normally provided by any insurance. It shall be a requirement
under this Agreement that any available insurance proceeds broader than or in excess of
the specified minimum insurance coverage requirements and/or limits set forth herein shall
be available to the Commission, Caltrans and their directors, officials, officers, employees
and agents as additional insureds under said policies. Furthermore, the requirements for
coverage and limits shall be (1) the minimum coverage and limits specified in this
Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance
policy or proceeds available to the named insured; whichever is greater.
(iii) The limits of insurance required in this Agreement may
be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella
or excess insurance shall contain or be endorsed to contain a provision that such coverage
shall also apply on a primary and non-contributory basis for the benefit of the Commission
(if agreed to in a written contract or agreement) before the Commission’s own insurance or
self-insurance shall be called upon to protect it as a named insured. The umbrella/excess
policy shall be provided on a “following form” basis with coverage at least as broad as
provided on the underlying policy(ies).
(iv) Consultant shall provide the Commission at least thirty
(30) days prior written notice of cancellation of any policy required by this Agreement,
except that the Consultant shall provide at least ten (10) days prior written notice of
cancellation of any such policy due to non-payment of premium. If any of the required
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coverage is cancelled or expires during the term of this Agreement, the Consultant shall
deliver renewal certificate(s) including the General Liability Additional Insured Endorsement
to the Commission at least ten (10) days prior to the effective date of cancellation or
expiration.
(v) The retroactive date (if any) of each policy is to be no
later than the effective date of this Agreement. Consultant shall maintain such coverage
continuously for a period of at least three years after the completion of the work under this
Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the
retroactive date is advanced past the effective date of this Agreement; B) if the policy is
cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with
a retroactive date subsequent to the effective date of this Agreement.
(vi) The foregoing requirements as to the types and limits of
insurance coverage to be maintained by Consultant, and any approval of said insurance by
the Commission, is not intended to and shall not in any manner limit or qualify the liabilities
and obligations otherwise assumed by the Consultant pursuant to this Agreement,
including but not limited to, the provisions concerning indemnification.
(vii) If at any time during the life of the Agreement, any policy
of insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, Commission has the right but not the duty to obtain the
insurance it deems necessary and any premium paid by Commission will be promptly
reimbursed by Consultant or Commission will withhold amounts sufficient to pay premium
from Consultant payments. In the alternative, Commission may cancel this Agreement.
The Commission may require the Consultant to provide complete copies of all insurance
policies in effect for the duration of the Project.
(viii) Neither the Commission nor any of its directors, officials,
officers, employees or agents shall be personally responsible for any liability arising under
or by virtue of this Agreement.
31.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the Commission. If the
Commission does not approve the deductibles or self-insured retentions as presented,
Consultant shall guarantee that, at the option of the Commission, either: (1) the insurer
shall reduce or eliminate such deductibles or self-insured retentions as respects the
Commission, its directors, officials, officers, employees and agents; or, (2) the Consultant
shall procure a bond guaranteeing payment of losses and related investigation costs,
claims and administrative and defense expense.
31.7 Acceptability of Insurers. Insurance is to be placed with insurers with
a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and
satisfactory to the Commission.
31.8 Verification of Coverage. Consultant shall furnish Commission with
original certificates of insurance and endorsements effecting coverage required by this
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Agreement on forms satisfactory to the Commission. The certificates and endorsements
for each insurance policy shall be signed by a person authorized by that insurer to bind
coverage on its behalf. All certificates and endorsements must be received and approved
by the Commission before work commences. The Commission reserves the right to
require complete, certified copies of all required insurance policies, at any time.
31.9 Subconsultant Insurance Requirements. Consultant shall not allow
any subcontractors or subconsultants to commence work on any subcontract until they
have provided evidence satisfactory to the Commission that they have secured all
insurance required under this Section. Policies of commercial general liability insurance
provided by such subcontractors or subconsultants shall be endorsed to name the
Commission as an additional insured using ISO form CG 20 38 04 13 or an endorsement
providing the exact same coverage. If requested by Consultant, the Commission may
approve different scopes or minimum limits of insurance for particular subcontractors or
subconsultants.
31.10 Other Insurance. At its option, the Commission may require such
additional coverage(s), limits and/or the reduction of deductibles or retentions it considers
reasonable and prudent based upon risk factors that may directly or indirectly impact the
Project. In retaining this option Commission does not warrant Consultant’s insurance
program to be adequate. Consultant shall have the right to purchase insurance in addition
to the insurance required in this Section.
32. Safety. Consultant shall execute and maintain its work so as to avoid injury
or damage to any person or property. In carrying out its Services, the Consultant shall at
all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and life saving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing
apparel as are necessary or lawfully required to prevent accidents or injuries; and (C)
adequate facilities for the proper inspection and maintenance of all safety measures.
Pursuant to the authority contained in Section 591 of the Vehicle Code, the Commission
has determined that the Project will contain areas that are open to public traffic.
Consultant shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14,
and 15 of the Vehicle Code. Consultant shall take all reasonably necessary precautions
for safe operation of its vehicles and the protection of the traveling public from injury and
damage from such vehicles.
33. Additional Work. Any work or activities that are in addition to, or otherwise
outside of, the Services to be performed pursuant to this Agreement shall only be
performed pursuant to a separate agreement between the parties. Notwithstanding the
foregoing, the Commission’s Executive Director may make a change to the Agreement,
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other than a Cardinal Change. For purposes of this Agreement, a Cardinal Change is a
change which is “outside the scope” of the Agreement; in other words, work which should
not be regarded as having been fairly and reasonably within the contemplation of the
parties when the Agreement was entered into. An example of a change which is not a
Cardinal Change would be where, in a contract to construct a building there are many
changes in the materials used, but the size and layout of the building remains the same.
Cardinal Changes are not within the authority of this provision to order, and shall be
processed by the Commission as “sole source” procurements according to applicable law,
including the requirements of FTA Circular 4220.1D, paragraph 9(f).
(a) In addition to the changes authorized above, a
modification which is signed by Consultant and the Commission’s Executive Director, other
than a Cardinal Change, may be made in order to: (1) make a negotiated equitable
adjustment to the Agreement price, delivery schedule and other terms resulting from the
issuance of a Change Order, (2) reflect definitive letter contracts, and (3) reflect other
agreements of the parties modifying the terms of this Agreement (“Bilateral Contract
Modification”).
(b) Consultant shall not perform, nor be compensated for
any change, without written authorization from the Commission’s Executive Director as set
forth herein. In the event such a change authorization is not issued and signed by the
Commission’s Executive Director, Consultant shall not provide such change.
34. Prohibited Interests.
34.1 Solicitation. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working
solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants
that it has not paid nor has it agreed to pay any company or person, other than a bona
fide employee working solely for Consultant, any fee, commission, percentage, brokerage
fee, gift or other consideration contingent upon or resulting from the award or making of
this Agreement. For breach or violation of this warranty, the Commission shall have the
right to rescind this Agreement without liability.
34.2 Consultant Conflict of Interest
(a) Consultant shall disclose any financial, business, or other
relationship with Commission that may have an impact upon the outcome of this
Agreement, or any ensuing Commission construction project. Consultant shall also list
current clients who may have a financial interest in the outcome of this Agreement, or any
ensuing Commission construction project, which will follow.
(b) Consultant hereby certifies that it does not now have, nor shall it
acquire any financial or business interest that would conflict with the performance of
services under this Agreement.
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(c) Any subcontract in excess of $25,000 entered into as a result of
this Agreement, shall contain all of the provisions of this Article.
(d) Consultant hereby certifies that neither Consultant, nor any firm
affiliated with Consultant will bid on any construction contract, or on any contract to provide
construction inspection for any construction project resulting from this contract. An affiliated
firm is one, which is subject to the control of the same persons through joint-ownership, or
otherwise.
(e) Except for subconsultants whose services are limited to
providing surveying or materials testing information, no subconsultant who has provided
design services in connection with this contract shall be eligible to bid on any construction
contract, or on any contract to provide construction inspection for any construction project
resulting from this contract.
34.3 Commission Conflict of Interest. For the term of this Agreement, no
member, officer or employee of the Commission, during the term of his or her service with
the Commission, shall have any direct interest in this Agreement, or obtain any present or
anticipated material benefit arising therefrom.
34.4 Conflict of Employment. Employment by the Consultant of personnel
currently on the payroll of the Commission shall not be permitted in the performance of
this Agreement, even though such employment may occur outside of the employee's
regular working hours or on weekends, holidays or vacation time. Further, the
employment by the Consultant of personnel who have been on the Commission payroll
within one year prior to the date of execution of this Agreement, where this employment is
caused by and or dependent upon the Consultant securing this or related Agreements
with the Commission, is prohibited.
34.5 Covenant Against Contingent Fees. As required in connection with
federal funding, the Consultant warrants that he/she has not employed or retained any
company or person, other than a bona fide employee working for the Consultant, to solicit
or secure this Agreement, and that he/she has not paid or agreed to pay any company or
person, other than a bona fide employee, any fee, commission, percentage, brokerage
fee, gift, or any other consideration, contingent upon or resulting from the award or
formation of this Agreement. For breach or violation of this warranty, the Commission
shall have the right to terminate this Agreement without liability pursuant to the terms
herein, or at its discretion to deduct from the Agreement price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee,
gift, or contingent fee.
34.6 Rebates, Kickbacks or Other Unlawful Consideration. Consultant
warrants that this Agreement was not obtained or secured through rebates kickbacks or
other unlawful consideration, either promised or paid to any Commission employee. For
breach or violation of this warranty, Commission shall have the right in its discretion; to
terminate this Agreement without liability; to pay only for the value of the work actually
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performed; or to deduct from the Agreement price; or otherwise recover the full amount of
such rebate, kickback or other unlawful consideration.
34.7 Covenant Against Expenditure of Commission, State or Federal
Funds for Lobbying. The Consultant certifies that to the best of his/ her knowledge and
belief no state, federal or local agency appropriated funds have been paid, or will be paid
by or on behalf of the Consultant to any person for the purpose of influencing or
attempting to influence an officer or employee of any state or federal agency; a Member of
the State Legislature or United States Congress; an officer or employee of the Legislature
or Congress; or any employee of a Member of the Legislature or Congress, in connection
with the award of any state or federal contract, grant, loan, or cooperative agreement, or
the extension, continuation, renewal, amendment, or modification of any state or federal
contract, grant, loan, or cooperative agreement.
(a) If any funds other than federal appropriated funds have been
paid, or will be paid to any person for the purpose of influencing or attempting to influence
an officer or employee of any federal agency; a Member of Congress; an officer or
employee of Congress, or an employee of a Member of Congress; in connection with this
Agreement, the Consultant shall complete and submit the attached Exhibit "G", Standard
Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with the attached
instructions.
(b) The Consultant's certification provided in this Section is a
material representation of fact upon which reliance was placed when this Agreement was
entered into, and is a prerequisite for entering into this Agreement pursuant to Section
1352, Title 31, US. Code. Failure to comply with the restrictions on expenditures, or the
disclosure and certification requirements set forth in Section 1352, Title 31, US. Code may
result in a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
(c) The Consultant also agrees by signing this Agreement that
he/she shall require that the language set forth in this Section 3.23.5 be included in all
Consultant subcontracts which exceed $100,000, and that all such subcontractors shall
certify and disclose accordingly.
34.8 Employment Adverse to the Commission. Consultant shall notify the
Commission, and shall obtain the Commission’s written consent, prior to accepting work to
assist with or participate in a third-party lawsuit or other legal or administrative proceeding
against the Commission during the term of this Agreement.
35. Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, 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.
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36. Right to Employ Other Consultants. Commission reserves the right to employ
other consultants in connection with the Project.
37. Governing Law. This Agreement shall be governed by and construed with
the laws of the State of California. Venue shall be in Riverside County.
38. Disputes; Attorneys' Fees.
38.1 Prior to commencing any action hereunder, the Parties shall attempt
in good faith to resolve any dispute arising between them. The pendency of a dispute
shall not excuse Consultant from full and timely performance of the Services.
38.2. If the Parties are unable to resolve a dispute after attempting in good
faith to do so, the Parties may seek any other available remedy to resolve the dispute. If
either Party commences an action against the other Party, either legal, administrative or
otherwise, arising out of or in connection with this Agreement, the prevailing Party in such
litigation shall be entitled to have and recover from the losing Party reasonable attorneys'
fees and, all other costs of such actions.
39. Time of Essence. Time is of the essence for each and every provision of this
Agreement.
40. Headings. Article and Section Headings, paragraph captions or marginal
headings contained in this Agreement are for convenience only and shall have no effect in
the construction or interpretation of any provision herein.
41. Notices. All notices permitted or required under this Agreement shall be
given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
CONSULTANT: COMMISSION:
______________________ Riverside County
______________________ Transportation Commission
______________________ 4080 Lemon Street, 3rd Floor
______________________ Riverside, CA 92501
Attn: ________________ Attn: Executive Director
Such notice shall be deemed made when personally delivered or when mailed, forty-eight
(48) hours after deposit in the U.S. mail, first class postage prepaid, and addressed to the
Party at its applicable address. Actual notice shall be deemed adequate notice on the date
actual notice occurred, regardless of the method of service.
42. Conflicting Provisions. In the event that provisions of any attached 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
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Parties and the interpretation of the Parties' understanding concerning the performance of
the Services.
43. Amendment or Modification. No supplement, modification, or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
44. Entire Agreement. This Agreement contains the entire agreement of the
Parties relating to the subject matter hereof and supersedes all prior negotiations,
agreements or understandings.
45. Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
46. Provisions Applicable When State Funds or Federal Funds Are Involved.
When funding for the Services under a Task Order is provided by this Agreement are
provided, in whole or in part, from the United States Department of Transportation,
Consultant shall also fully and adequately comply with the provisions included in Exhibit
“D” (Federal Department of Transportation Requirements and California Department of
Transportation (Caltrans) DBE program requirements) attached hereto and incorporated
herein by reference. When funding for the Services under a Task Order is provided, in
whole or in part, from the FTA, Consultant shall also fully and adequately comply with the
provisions included in Exhibit “F” (FTA Requirements) attached hereto and incorporated
herein by reference
47. Survival. All rights and obligations hereunder that by their nature are to
continue after any expiration or termination of this Agreement, including, but not limited to,
the indemnification and confidentiality obligations, shall survive any such expiration or
termination.
48. No Third Party Beneficiaries. There are no intended third party beneficiaries
of any right or obligation assumed by the Parties.
49. Labor Certification. By its signature hereunder, Consultant certifies that it is
aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Workers’ Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
50. Counterparts. This Agreement may be signed in counterparts, each of which
shall constitute an original.
51. Attorney Client Privilege. The Parties recognize that, during the Project, the
Commission and its attorneys will engage in communication that gives rise to an attorney
client privilege of confidentiality (“Confidential Communication”). Given the nature of the
work done by Consultant for the Commission, it may be necessary for the Consultant to
participate in Confidential Communications. To the extent that (i) the Consultant is a party
to any Confidential Communication, and (ii) a third party seeks discovery of such
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communications, then the Consultant shall be deemed to be an agent of the Commission
solely for purposes of preserving any attorney client privilege in the relevant Confidential
Communication. Any such attorney client privilege shall be held by the Commission and
the Consultant is not authorized to waive that privilege or, otherwise, disclose such
Confidential Communication except as set forth below. This Section is intended to
maintain the privilege in any privileged Confidential Communications that are (1) between
and among Commission, Consultant, and Commission’s attorneys; (2) between Consultant
(on behalf of the Commission) and Commission’s attorneys; (3) Confidential
Communications that occur in Closed Session meetings wherein the Commission, the
Commission’s attorneys and Consultant are present; and (4) between Commission and
Consultant wherein the substance of the Confidential Communication is conveyed to/from
the Consultant.
Consultant may disclose a Confidential Communication to the extent such
disclosure is required by legal process, by a court of competent jurisdiction or by any other
governmental authority, provided that any such disclosure shall be limited to the specific
part of the Confidential Communication required to be disclosed and provided that
Consultant first comply with the requirements set forth in this paragraph. As soon as
practicable after Consultant becomes aware that it is required, or may become required, to
disclose the Confidential Communication for such reason, Consultant shall notify the
Commission in writing, in order to allow the Commission to pursue legal remedies designed
to limit the Confidential Communication required to be disclosed or to assure the
confidential treatment of the disclosed information following its disclosure. Consultant shall
cooperate with the Commission, on a reimbursable basis, to assist the Commission in
limiting the scope of disclosure or assuring the confidential treatment of any disclosed
information.
52. Subpoenas or Court Orders. Should Consultant receive a subpoena or court
order related to this Agreement, the Services or the Project, Consultant shall immediately
provide written notice of the subpoena or court order to the Commission. Consultant shall
not respond to any such subpoena or court order until notice to the Commission is provided
as required herein, and shall cooperate with the Commission in responding to the
subpoena or court order.
53. Assignment or Transfer. Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein,
without the prior written consent of the Commission. Any attempt to do so shall be null and
void, and any assignees, hypothecates or transferees shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer.
54. Successors and Assigns. This Agreement shall be binding on the successors
and assigns of the parties, and shall not be assigned by Consultant without the prior written
consent of Commission.
55. Incorporation of Recitals. The recitals set forth above are true and correct
and are incorporated into this Agreement as though fully set forth herein.
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56. No Waiver. Failure of Commission to insist on any one occasion upon strict
compliance with any of the terms, covenants or conditions hereof shall not be deemed a
waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any
rights or powers hereunder at any one time or more times be deemed a waiver or
relinquishment of such other right or power at any other time or times.
[Signatures on following page]
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SIGNATURE PAGE
TO
PROFESSIONAL SERVICES AGREEMENT
WITH PROPOSITION 1B, FTA AND FHWA FUNDING ASSISTANCE FOR
RIGHT OF WAY ENGINEERING AND SURVEYING SERVICES
IN WITNESS WHEREOF, this Agreement was executed on the date first written
above.
RIVERSIDE COUNTY
TRANSPORTATION COMMISSION
By:
Anne Mayer
Approved as to Form:
By:
Best, Best & Krieger LLP
General Counsel
CONSULTANT
[INSERT NAME OF CONSULTANT]
By:
Signature
Name
Title
ATTEST:
By:
Its: ___________________________
* A corporation requires the signatures of two corporate officers.
One signature shall be that of the chairman of board, the president or any vice president and the second
signature (on the attest line) shall be that of the secretary, any assistant secretary, the chief financial officer or
any assistant treasurer of such corporation.
If the above persons are not the intended signators, evidence of signature authority shall be provided to
RCTC.
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Exhibit A
17336.00603\31171937.1
TO BE INSERTED FROM RFP:
EXHIBIT "A" - SCOPE OF SERVICES
EXHIBIT "E" - CONSULTANT DBE COMMITMENT
EXHIBIT "F" - FTA PROVISIONS
EXHIBIT “G” – LOBBYING ACTIVITIES DISCLOSURE
TO BE INSERTED FROM CONSULTANT PROPOSAL:
EXHIBIT "C"- COMPENSATION AND PAYMENT
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Exhibit B-1
17336.00603\31171937.1
EXHIBIT "B"
SAMPLE TASK ORDER FORM
Task Order No. _______
Contract: [INSERT NAME OF CONTRACT]
Consultant: [INSERT NAME OF CONSULTANT]
The Consultant is hereby authorized to perform the following work subject to the
provisions of the Contract identified above:
List funding sources: ______________
List any attachments: (Please provide if any.)
Dollar Amount of Task Order: Not to exceed $_____,_____.00
Completion Date: _____________, 201__
The undersigned consultant hereby agrees that it will provide all equipment, furnish all
materials, except as may be otherwise noted above, and perform all services for the work
above specified in accordance with the Contract identified above and will accept as full
payment therefore the amount shown above.
Riverside County Transportation Commission Consultant
Dated: _________________ Dated: _________________
By: ________________________ By:________________________
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Exhibit D-1
17336.00603\31171937.1
EXHIBIT "D"
FHWA/ CALTRANS REQUIREMENTS
1. STATEMENT OF COMPLIANCE.
A. Consultant’s signature affixed herein shall constitute a certification under penalty of
perjury under the laws of the State of California that CONSULTANT has, unless exempt,
complied with, the nondiscrimination program requirements of Government Code Section
12990 and Title 2, California Administrative Code, Section 8103.
B. During the performance of this Agreement, Consultant and its subconsultants shall not
unlawfully discriminate, harass, or allow harassment against any employee or applicant for
employment because of sex, race, color, ancestry, religious creed, national origin, physical
disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age
(over 40), marital status, and denial of family care leave. Consultant and subconsultants
shall insure that the evaluation and treatment of their employees and applicants for
employment are free from such discrimination and harassment. Consultant and
subconsultants shall comply with the provisions of the Fair Employment and Housing Act
(Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated there under
(California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations
of the Fair Employment and Housing Commission implementing Government Code Section
12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of
Regulations, are incorporated into this Agreement by reference and made a part hereof as
if set forth in full. Consultant and its subconsultants shall give written notice of their
obligations under this clause to labor organizations with which they have a collective
bargaining or other Agreement.
C. If this Agreement is federally funded, the Consultant shall comply with regulations
relative to Title VI (nondiscrimination in federally-assisted programs of the Department of
Transportation – Title 49 Code of Federal Regulations, Part 21 - Effectuation of Title VI of
the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will
implement and maintain a policy of nondiscrimination in which no person in the state of
California shall, on the basis of race, color, national origin, religion, sex, age, disability, be
excluded from participation in, denied the benefits of or subject to discrimination under any
program or activity by the recipients of federal assistance or their assignees and
successors in interest.
D. If this Agreement is federally funded, the Consultant, with regard to the work performed
by it during the Agreement shall act in accordance with Title VI. Specifically, the Consultant
shall not discriminate on the basis of race, color, national origin, religion, sex, age, or
disability in the selection and retention of Subconsultants, including procurement of
materials and leases of equipment. The Consultant shall not participate either directly or
indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT’s Regulations,
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Exhibit D-2
17336.00603\31171937.1
including employment practices when the Agreement covers a program whose goal is
employment.
2. DEBARMENT AND SUSPENSION CERTIFICATION
CONSULTANT’s signature affixed herein, shall constitute a certification under penalty of
perjury under the laws of the State of California, that CONSULTANT has complied with
Title 2 CFR, Part 180, “OMB Guidelines to Agencies on Government wide Debarment and
Suspension (nonprocurement)”, which certifies that he/she or any person associated
therewith in the capacity of owner, partner, director, officer, or manager, is not currently
under suspension, debarment, voluntary exclusion, or determination of ineligibility by any
federal agency; has not been suspended, debarred, voluntarily excluded, or determined
ineligible by any federal agency within the past three (3) years; does not have a proposed
debarment pending; and has not been indicted, convicted, or had a civil judgment rendered
against it by a court of competent jurisdiction in any matter involving fraud or official
misconduct within the past three (3) years. Any exceptions to this certification must be
disclosed to COMMISSION.
B. Exceptions will not necessarily result in denial of recommendation for award, but will be
considered in determining CONSULTANT responsibility. Disclosures must indicate to
whom exceptions apply, initiating agency, and dates of action.
C. Exceptions to the Federal Government Excluded Parties List System maintained by the
General Services Administration are to be determined by the Federal highway
Administration.
3. DISCRIMINATION
The Commission shall not discriminate on the basis of race, color, national origin, or sex in
the award and performance of any DOT-assisted contract or in the implementation of the
Caltrans DBE program or the requirements of 49 CFR Part 26. The Commission shall take
all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in
the award and administration of DOT-assisted contracts.
Consultant or subcontractor shall not discriminate on the basis of race, color, national
origin, of sex in the performance of this Agreement. Consultant or subcontractor shall carry
out applicable requirements of 49 CFR Part 26 and the Caltrans DBE program in the award
and administration of DOT-assisted contracts, as further set forth below. Failure by the
Consultant or subcontractor to carry out these requirements is a material breach of this
Agreement, which may result in the termination of this Agreement or such other remedy, as
the Commission deems appropriate.
4. PROMPT PAYMENT
Consultant agrees to pay each subcontractor under this prime contract for satisfactory
performance of its contract no later than 10 days from the receipt of each payment the
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Exhibit D-3
17336.00603\31171937.1
prime contractor receives from the Commission. Any delay or postponement of payment
from the above referenced time frame may occur only for good cause following written
approval of the Commission. This clause applies to both DBE and non-DBE
subcontractors.
5. RELEASE OF RETAINAGE
No retainage will be withheld by the Agency from progress payments due the prime
consultant. Retainage by the prime consultant or subconsultants is prohibited, and no
retainage will be held by the prime consultant from progress due subconsultants. Any
violation of this provision shall subject the violating prime consultant or subconsultants to
the penalties, sanctions, and other remedies specified in Section 7108.5 of the California
Business and Professions Code. This requirement shall not be construed to limit or impair
any contractual, administrative, or judicial remedies, otherwise available to the prime
consultant or subconsultant in the event of a dispute involving late payment or nonpayment
by the prime consultant or deficient subconsultant performance, or noncompliance by a
subconsultant. This provision applies to both DBE and non-DBE prime consultants and
subconsultants.
6. LEGAL REMEDIES
In addition to those contract remedies set forth under relevant provisions of California law,
either Party to this Agreement may, where applicable, seek legal redress for violations of
this Agreement pursuant to the relevant provisions of 49 C.F.R. Parts 23 and 26, to the
relevant federal or state statutory provisions governing civil rights violations, and to the
relevant federal and state provisions governing false claims or “whistleblower” actions, as
well as any and all other applicable federal and state provisions of law.
The Consultant shall include a provision to this effect in each of its agreements with its
subcontractors.
7. DBE PARTICIPATION
Caltrans has developed a statewide DBE program pursuant to 49 C.F.R. Part 26. The
requirements and procedures, as applicable, of the Caltrans DBE program are hereby
incorporated by reference into this Agreement. Even if no DBE participation will be
reported, Consultant shall complete Exhibits "E" of this Agreement in compliance with the
Caltrans DBE program, a final utilization report in the form provided by the Commission,
and any other Caltrans required DBE forms.
A. This Agreement is subject to Title 49, Part 26 of the Code of Federal Regulations
entitled “Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs.” By obtaining DBE participation on this
Agreement, Consultant will assist Caltrans in meeting its federally mandated statewide
overall DBE goal.
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Exhibit D-4
17336.00603\31171937.1
B. This Agreement does not have a DBE goal, but DBE goals may be included with
each task order request for proposals. If a DBE subconsultant is unable to perform, the
Consultant must make a good faith effort to replace him/her with another DBE
subconsultant, if the goal is not otherwise met. A DBE is a firm meeting the definition of a
DBE as specified in 49 CFR.
C. DBE and other small businesses (SB), as defined in Title 49 CFR, Part 26 are
encouraged to participate in the performance of agreements financed in whole or in part
with federal funds. The Consultant, subrecipient or subconsultant shall not discriminate on
the basis of race, color, national origin, or sex in the performance of this Agreement. The
Consultant shall carry out applicable requirements of 49 CFR, Part 26 in the award and
administration of US DOT- assisted agreements. Failure by the contractor to carry out
these requirements is a material breach of this Agreement, which may result in the
termination of this Agreement or such other remedy as the Commission, Caltrans or the
Department of Transportation deems appropriate.
D. Any subcontract entered into as a result of this Agreement shall contain all of the
provisions of this section.
E. A DBE may be terminated only with prior written approval from the Commission and
only for the reasons specified in 49 CFR 26.53(f). Prior to requesting Commission consent
for the termination, the prime consultant must meet the procedural requirements specified
in 49 CFR 26.53(f).
8. DBE PARTICIPATION GENERAL INFORMATION
It is Consultant's responsibility to be fully informed regarding the requirements of 49 CFR,
Part 26, and the Caltrans DBE program. Particular attention is directed to the following:
A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be
certified through the California Unified Certification Program (CUCP).
B. A certified DBE may participate as a prime contractor, subcontractor, joint venture
partner, as a vendor of material or supplies, or as a trucking company.
C. A DBE joint-venture partner must be responsible for specific contract items of work
or clearly defined portions thereof. Responsibility means actually performing, managing
and supervising the work with its own forces. The DBE joint venture partner must share in
the capital contribution, control, management, risks and profits of the joint-venture
commensurate with its ownership interest.
D. A DBE must perform a commercially useful function, pursuant to 49 CFR 26.55 that
is, must be responsible for the execution of a distinct element of the work and must carry
out its responsibility by actually performing, managing and supervising the work, as more
fully described in section 8 below.
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Exhibit D-5
17336.00603\31171937.1
E. The Consultant shall list only one subcontractor for each portion of work as defined
in the Consultant's bid/proposal and all DBE subcontractors should be listed in the
Consultant's bid/cost proposal list of subcontractors.
F. A Consultant who is a certified DBE is eligible to claim all of the work in the
Agreement toward the DBE participation except that portion of the work to be performed by
non-DBE subcontractors.
9 . COMMERCIALLY USEFUL FUNCTION
A. A DBE performs a commercially useful function when it is responsible for execution
of the work of the Agreement and is carrying out its responsibilities by actually performing,
managing, and supervising the work involved. To perform a commercially useful function,
the DBE must also be responsible with respect to materials and supplies used on the
Agreement, for negotiating price, determining quality and quantity, ordering the material,
and installing (where applicable) and paying for the material itself. To determine whether a
DBE is performing a commercially useful function, evaluate the amount of work
subcontracted, industry practices; whether the amount the firm is to be paid under the
Agreement is commensurate with the work it is actually performing, and other relevant
factors.
B. A DBE does not perform a commercially useful function if its role is limited to that of
an extra participant in a transaction, Agreement, or project through which funds are passed
in order to obtain the appearance of DBE participation. In determining whether a DBE is
such an extra participant, examine similar transactions, particularly those in which DBEs do
not participate.
C. If a DBE does not perform or exercise responsibility for at least thirty percent of the
total cost of its Agreement with its own work force, or the DBE subcontracts a greater
portion of the work of the Agreement than would be expected on the basis of normal
industry practice for the type of work involved, it will be presumed that it is not performing a
commercially useful function.
10. DBE CERTIFICATION AND DE-CERTIFICATION STATUS
If a DBE subcontractor is decertified during the life of the Agreement, the decertified
subcontractor shall notify the Contractor in writing with the date of de-certification. If a
subcontractor becomes a certified DBE during the life of the Agreement, the subcontractor
shall notify the Contractor in writing with the date of certification. Any changes should be
reported to the Commission’s Contract Administrator within 30 days.
11. DBE RECORDS
A. The Contractor shall maintain records of materials purchased and/or supplied from
all subcontracts entered into with certified DBEs. The records shall show the name and
business address of each DBE or vendor and the total dollar amount actually paid each
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Exhibit D-6
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DBE or vendor, regardless of tier. The records shall show the date of payment and the total
dollar figure paid to all firms. DBE prime Contractors shall also show the date of work
performed by their own forces along with the corresponding dollar value of the work.
B. Upon completion of the Agreement, a summary of these records shall be prepared
and submitted on the most current version of the form entitled, “Final Report-Utilization of
Disadvantaged Business Enterprises (DBE),” CEM- 2402F (Exhibit 17-F in Chapter 17 of
the LAPM), certified correct by the Contractor or the Contractor’s authorized representative
and shall be furnished to the Commission’s Contract Administrator with the final invoice.
Failure to provide the summary of DBE payments with the final invoice will result in twenty-
five percent (25%) of the dollar value of the invoice being withheld from payment until the
form is submitted. The amount will be returned to the Contractor when a satisfactory “Final
Report Utilization of Disadvantaged Business Enterprises (DBE)” is submitted to the
Commission’s Contract Administrator.
a. Prior to the fifteenth of each month, the Contractor shall submit documentation to
the Commission’s Contract Administrator showing the amount paid to DBE trucking
companies. The Contractor shall also obtain and submit documentation to the
Commission’s Contract Administrator showing the amount paid by DBE trucking
companies to all firms, including owner-operators, for the leasing of trucks. If the DBE
leases trucks from a non-DBE, the Contractor may count only the fee or commission the
DBE receives as a result of the lease arrangement.
b. The Contractor shall also submit to the Commission’s Contract Administrator
documentation showing the truck number, name of owner, California Highway Patrol CA
number, and if applicable, the DBE certification number of the truck owner for all trucks
used during that month. This documentation shall be submitted on the Caltrans ”Monthly
DBE Trucking Verification,” CEM-2404(F) form provided to the Contractor by the
Commission’s Contract Administrator.
12. REPORTING MATERIAL OR SUPPLIES PURCHASED FROM DBEs
When Reporting DBE Participation, Material or Supplies purchased from DBEs may count
as follows:
A. If the materials or supplies are obtained from a DBE manufacturer, 100 % of the
cost of the materials or supplies will count toward the DBE participation. A DBE
manufacturer is a firm that operates or maintains a factory or establishment that produces
on the premises, the materials, supplies, articles, or equipment required under the
Agreement and of the general character described by the specifications.
B. If the materials or supplies purchased from a DBE regular dealer, count 60 % of the
cost of the materials or supplies toward DBE goals. A DBE regular dealer is a firm that
owns, operates or maintains a store, warehouse, or other establishment in which the
materials, supplies, articles or equipment of the general character described by the
specifications and required under the Agreement, are bought, kept in stock, and regularly
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Exhibit D-7
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sold or leased to the public in the usual course of business. To be a DBE regular dealer,
the firm must be an established, regular business that engages, as its principal business
and under its own name, in the purchase and sale or lease of the products in question. A
person may be a DBE regular dealer in such bulk items as petroleum products, steel,
cement, gravel, stone or asphalt without owning, operating or maintaining a place of
business provided in this section.
C. If the person both owns and operates distribution equipment for the products, any
supplementing of regular dealers’ own distribution equipment, shall be by a long-term lease
agreement and not an ad hoc or Agreement-by-Agreement basis. Packagers, brokers,
manufacturers’ representatives, or other persons who arrange or expedite transactions are
not DBE regular dealers within the meaning of this section.
D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a
regular dealer, will be limited to the entire amount of fees or commissions charged for
assistance in the procurement of the materials and supplies, or fees or transportation
charges for the delivery of materials or supplies required on the job site, provided the fees
are reasonable and not excessive as compared with fees charged for similar services.
13. REPORTING PARTICIPATION OF DBE TRUCKING COMPANIES
When Reporting DBE Participation, Participation of DBE trucking companies may count as
follows:
A. The DBE must be responsible for the management and supervision of the entire
trucking operation for which it is responsible.
B. The DBE must itself own and operate at least one fully licensed, insure, and
operational truck used on the Agreement.
C. The DBE receives credit for the total value of the transportation services it provides
on the Agreement using trucks it owns, insures, and operates using drivers it employs.
D. The DBE may lease trucks from another DBE firm including an owner-operator who
is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the
total value of the transportation services the lessee DBE provides on the Agreement.
E. The DBE may also lease trucks from a non-DBE firm, including an owner-operator.
The DBE who leases trucks from a non-DBE is entitled to credit only for the fee or
commission it receives as a result of the lease arrangement. The DBE does not receive
credit for the total value of the transportation services provided by the lessee, since these
services are not provided by the DBE.
F. For the purposes of this section, a lease must indicate that the DBE has exclusive
use and control over the truck. This does not preclude the leased truck from working for
others during the term of the lease with the consent of the DBE, as long as the lease gives
142
Exhibit D-8
17336.00603\31171937.1
the DBE absolute priority for use of the leased truck. Leased trucks must display the name
and identification number of the DBE.
14. DEBARMENT, SUSPENSION AND OTHER INELIGIBILITY AND VOLUNTARY
EXCLUSION
In accordance with 49 CFR Part 29, which by this reference is incorporated herein,
Consultant’s subconsultants completed and submitted the Certificate of subconsultant
Regarding Debarment, Suspension and Other Ineligibility and Voluntary Exclusion as part
of the Consultant’s proposal. If it is later determined that Consultant’s subconsultants
knowingly rendered an erroneous Certificate, the Commission may, among other remedies,
terminate this Agreement.
15. ENVIRONMENTAL COMPLIANCE
A. Compliance with all applicable standards, orders, or requirements issued under section
306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33
U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations
(40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess of
$100,000).
B. Mandatory standards and policies relating to energy efficiency which are contained in
the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Pub. L. 94-163, 89 Stat. 871).
16. NATIONAL LABOR RELATIONS BOARD CERTIFICATION
In accordance with Public Contract Code Section 10296, and by signing this Agreement,
Consultant certifies under penalty of perjury that no more than one final unappealable
finding of contempt of court by a federal court has been issued against Consultant within
the immediately preceding two-year period, because of Consultant’s failure to comply with
an order of a federal court that orders Consultant to comply with an order of the National
Labor Relations Board.
143
Exhibit E-1
17336.00603\31171937.1
EXHIBIT "E"
CONSULTANT DBE COMMITMENT
Consultant to Complete this Section
1. Local Agency Name: ________________________________________________________________________________________
2. Project Location: ___________________________________________________________________________________________
3. Project Description: _________________________________________________________________________________________
4. Consultant Name: __________________________________________________________________________________________
5. Contract DBE Goal %: ________________
DBE Commitment Information
6. Description of Services to be Provided 7. DBE Firm
Contact Information 8. DBE Cert.
Number 9. DBE %
144
AGENDA ITEM 8C
Agenda Item 8C
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: April 10, 2019
TO: Riverside County Transportation Commission
FROM:
Western Riverside County Programs and Projects Committee
Monica Morales, Management Analyst
Lorelle Moe-Luna, Multimodal Services Director
THROUGH: Anne Mayer, Executive Director
SUBJECT: Riverside Transit Agency Fiscal Year 2018/19 Short Range Transit Plan
Amendment
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF
RECOMMENDATION:
This item is for the Commission to:
1) Approve an increase to Riverside Transit Agency’s (RTA) Fiscal Year 2018/19 Local
Transportation Fund (LTF) operating assistance allocation in the amount of $1.6 million;
2) Approve reductions to RTA’s FY 2018/19 2009 Measure A Western County Public Transit-
Intercity Bus operating assistance allocation in the amount of $1,465,000 and 2009
Measure A Western County Public Transit-Consolidated Transportation Service Agency
(CTSA) operating assistance allocation in the amount of $135,000;
3) Approve adjustments to the FY 2018/19 budget to increase LTF transit operating
expenditures by $1.6 million and to decrease 2009 Measure A Western County Public
Transit-Intercity Bus and Public Transit-CTSA transit operating expenditures by
$1,465,000 and $135,000, respectively; and
4) Approve an amendment to RTA’s FY 2018/19 Short Range Transit Plan (SRTP) to reflect
the swap of $1.6 million in 2009 Measure A Western County Public Transit funds with
$1.6 million of available LTF.
BACKGROUND INFORMATION:
The Commission approves each public transit operator’s annual SRTP update in June and annual
funding allocations in July. Typically, the public operators’ SRTPs for operating and capital needs
are based on estimated amounts available, including projected revenues and reserve balances;
therefore, modifications or amendments to refine funding requests may be reassessed mid-year
or as necessary. SRTP amendments require Commission approval for changes to the annual
operating or capital budgets.
In May 2018, RTA’s Board of Directors adopted the FY 2018/19 operating budget based on the
agency’s FY 2018/19 SRTP, which included operating allocations of $5,633,457 in 2009 Measure
Agenda Item 8C
A Western County Public Transit and $46,997,836 in LTF. In this SRTP amendment, RTA requests
to swap $1.6 million in 2009 Measure A Western County Public Transit operating assistance
allocations ($1,465,000 of Intercity Bus and $135,000 of CTSA) with $1.6 million of available LTF
Western County Bus funds. This swap improves the timing of cash flows and preserves 2009
Measure A Western County Public Transit funds for future periods, as these 2009 Measure A
funds are considered local operating revenues for farebox recovery purposes.
This funding swap will not affect RTA’s farebox recovery ratio target of 16.72%, which it projects
to exceed. Attachment 1 includes a revised FY 2018/19 SRTP Table 4 summary that highlights
the proposed funding swap. The RTA Board of Directors approved this SRTP amendment at its
February 2019 meeting. Staff recommends approval of the revised 2009 Measure A and LTF
operating assistance allocations and SRTP amendment. Additionally, staff recommends
adjustments to the FY 2018/19 budget to decrease 2009 Measure A Western County Public
Transit operating expenditures and increase LTF operating expenditures in the amount of
$1.6 million each.
Financial Information
In Fiscal Year Budget: No Year: FY 2018/19 Amount: $1.6 million
Source of Funds:
Local Transportation Funds Western
County Bus, 2009 Measure A
Western County Public Transit-
Intercity Bus and CTSA
Budget Adjustment: Yes
GL/Project Accounting No.:
LTF Western County Bus
002210 86101 00000 0000 601 62 86101 $1,600,000
2009 Measure A Western County Public Transit
269 62 86101 ($1,465,000) Intercity Bus
270 62 86101 ($135,000) CTSA
Fiscal Procedures Approved: Date: 03/14/2019
Attachments:
1) Revised SRTP FY 2018/19 Table 4
2) RTA Staff Report, February 28, 2019
Riverside Transit Agency
FY 2018/19
Summary of Funds Requested
Short Range Transit Plan
Table 4 - Summary of Funds Requested for FY 2018/19 Amendment #1
Project Description
Capital
Project
Number
Total Amount
of Funds LTF STA
State of Good
Repair (SGR)
STA
5
Measure A
Operating
Assistance
Section 5307
- Riv-San
Bernardino
Section 5307 -
Murrieta/
Temecula/
Menifee
Section 5307 -
Hemet
1
CMAQ
4
Section
5310
Section
5311
7
Section
5339 Bus &
Bus
Facilities
8
LCTOP Farebox
Other
Revenue
Operating Assistance 44,856,614 38,394,264 3,393,882 2,500,000 568,468
Operating Assistance (256,490) 1,208,510 (1,465,000) - -
Operating Assistance - CTSA 939,575 939,575
Operating Assistance - CTSA 256,490 391,490 (135,000)
Capitalized Preventive Maintenance 8,375,000 1,675,000 5,200,000 1,500,000
Capital Cost of Contracting 3 8,125,000 1,625,000 4,000,000 2,500,000
ADA Complementary Paratransit Service 3 1,937,500 387,500 1,100,000 450,000
JARC Operating Assistance 9 1,860,160 837,072 837,072 186,016
Travel Training 4 408,773 408,773
RapidLink Operating Assistance 1 1,800,000 447,000 1,161,000 86,000 106,000
Route 200: 91 Express Service 5 2,700,000 1,475,000 900,000 325,000
PVL Feeder Services (Rtes 26,52,54) 2 1,087,000 1,087,000
Route 54F: FOL Shuttle 2 74,757 74,757
Route 205 5 450,000 400,000 50,000
Route 19 Frequency Expansion 1,325,000 1,126,250 198,750
Route 28 Frequency Expansion 291,337 262,203 29,134
Fare Study 160,000 32,000 128,000
OPEB Expense 1,600,000 1,600,000
Farebox (Cash, Coin, Tickets, Passes)8,745,353 8,745,353
Interest Income 300,000 300,000
Advertising Revenue 15,000 15,000
CNG Sales 100,000 100,000
LCFS Credits 400,000 400,000
RINs Credits 1,000,000 1,000,000
Medi-Cal Reimbursement 1,050,000 525,000 525,000
Wentworth Lease 65,840 65,840
Subtotal: Operating $87,666,909 $48,597,836 $0 $0 $4,033,457 $11,265,072 $4,450,000 $2,500,000 $1,161,000 $408,773 $568,468 $0 $1,474,453 $10,802,010 $2,405,840
Revenue Vehicles - (33) COFR Replace FY19-1 7,239,953 1,085,993 6,153,960
Revenue Vehicles - (29) DAR Repl FY19-2 3,029,005 454,351 2,574,654
Non-Revenue Vehicles - (8) cars, (1) truck FY19-3 266,726 53,345 213,381
Capitalized Tire Lease FY19-4 350,535 70,107 280,428
Associated Transit Improvements FY19-5 200,000 40,000 160,000
Facility Maintenance FY19-6 897,036 179,407 717,629
Information Systems FY19-7 1,846,665 369,333 600,000 877,332
Hemet Mobility Hub 7 FY19-8 406,936 81,387 - 325,549
Hemet Mobility Hub 7 FY19-8 2,032,203 406,441 - 1,625,762
Operations & Maintenance Facility 7 FY17-9 (2,032,203) (406,441) - (1,625,762)
Operations & Maintenance Facility FY19-9 10,000,000 10,000,000
Facilities & Fuel Station Enhancements FY19-10 1,856,095 1,856,095
H-D CNG Revenue Vehicles (14) Replace.FY19-11 10,000,000 10,000,000
Subtotal: Capital $36,092,951 $0 $22,333,923 $1,856,095 $0 $10,259,624 $0 $1,317,760 $0 $0 $0 $325,549 $0 $0 $0
Total: Operating & Capital $123,759,860 $48,597,836 $22,333,923 $1,856,095 $4,033,457 $21,524,696 $4,450,000 $3,817,760 $1,161,000 $408,773 $568,468 $325,549 $1,474,453 $10,802,010 $2,405,840
1 RapidLink Operating Assistance utilizes FY15 CMAQ grant CA-95-X296 (FTIP No: RIV151211).
2 PVL routes funded with RCTC CMAQ grant, which is farebox recovery ratio allowable.
3 Includes DAR Plus Costs, formerly partially funded with Measure A but now using LTF.
4 Travel Training will use remainder of existing CalTrans 5310 (Standard Agreements 644532 & 644539) awarded December 2015 plus new 5310 grant (expected to be awarded by July 2018).
5 Route 200 and 205 partially funded with Commuter Assistance Measure A (vs CTSA or Western County Bus Measure A).
7 Section 5339 Bus and Bus Facilities - Small Urban funding is FY2017 apportionment. FY15 5339 Bus and Bus Facilities - Urban being re-programmed from Central Operations & Maintenance Facility project.
8 LCTOP funding programmed herein is less than the amount provided by Caltrans. RTA is only programming expected need. LCTOP funding used for operating is farebox allowable revenue.
9 Routes 3D, 3C, 30, 33, 40, 42, 61, 74, 79, 212, 217D, 217C
ATTACHMENT 1
RIVERSIDE TRANSIT AGENCY
1825 Third Street
Riverside, CA 92507
February 28, 2019
TO: BOARD OF DIRECTORS
THRU: Larry Rubio, Chief Executive Officer
FROM: Craig Fajnor, Chief Financial Officer
SUBJECT: Request Authorization to Amend the Fiscal Year 2018/2019 (FY19)
Short Range Transit Plan (SRTP) and Operating Budget
Summary: At their May 24, 2018 meeting, the Agency Board of Directors
adopted the original FY19 Operating Budget, Capital Budget, and
SRTP. The FY19 Operating Budget is $87,666,909 and the FY19
Capital Budget is $36,092,951. These budgets, as an integral part
of the SRTP, support the Agency mission and goals of providing
safe, reliable, and cost effective transportation while increasing
ridership and being fiscally responsible with taxpayer funds. Since
the May 2018 Board of Directors Meeting and the start of the FY19,
one item requires consideration to adjust the Board-approved FY19
Operating budget – with a net zero impact.
Swapping Measure A funds for Local Transportation Funds (LTF)
As background, the FY19 SRTP and Board-approved Operating
Budget includes both LTF and Measure A funding for a significant
portion (60%) of the approved operating budget. LTF (54%) and
Measure A (6%) funding is programmed in the amounts of
$46,997,836 and $5,633,457, respectively.
While both funding sources “pay the bills”, an important distinction
between the two is Farebox Recovery Ratio (FRR) allowability. As a
reminder, the state’s Transportation Development Act (TDA)
requires public transportation operators to achieve or exceed a
minimum ratio of farebox revenues to total operating expenses to be
eligible for TDA funds (i.e. – LTF and State Transit Assistance or
STA). Minimum FRR requirements are as follows:
•20% for service in an urban area
•10% for service in a rural area
•10% for demand response service
ATTACHMENT 2
148
As the Agency provides all three of these services, we are subject to
a blended target of these three ratios based on the budgeted costs
of these services in a given fiscal year.
LTF is the Agency’s largest operating revenue source, but it does not
count toward farebox recovery. However, Measure A funds do
count. While Measure A usually constitutes a very small percentage
of operating revenue, due to counting toward FRR, any amount is
considered precious.
For FY19, the Agency’s FRR target is 16.72%. Based on the Board-
approved FY19 Operating Budget, our budgeted FY19 FRR is
22.57%. Through the month of January 2019, our actual FRR is
27.46%. With meeting or exceeding the FRR target for FY19 very
likely, staff recommends swapping a portion of its programmed
Measure A for an equivalent amount of LTF. Doing so serves several
important purposes:
• Keeps the FY19 budget fully funded
• Improves cash flow
• Preserves valuable Measure A for future fiscal years as a farebox-
allowable revenue source
• As the Agency maximizes the use of non-LTF revenues every fiscal
year, any operating budget underrun is returned to RCTC for future
use
For the FY19, staff is recommending swapping $1,600,000 of
Measure A for an equivalent amount of LTF.
RCTC staff supports this request.
Fiscal Impact:
The current board-adopted FY19 Operating Budget is $87,666,909.
The changes discussed above represent a net impact of $0. Thus,
the revised FY19 Operating Budget remains unchanged at
$87,666,909. This amount is fully funded with Federal, State, local
and other revenue sources. Further, the Agency will meet or exceed
the mandatory Farebox Recovery Ratio target of 16.72% for FY19.
FY19 Capital Budget remains unchanged at $36,092,951. This
amount is fully funded with Federal, State, and local revenue
sources.
149
Committee Recommendation:
This item was discussed at the Board Budget and Finance
Committee meeting of February 6, 2019. The committee members
unanimously approved and recommended this item to the full Board
of Directors for their consideration.
Recommendation:
• Authorize the proposed mid-year change to the FY19
Operating Budget.
• Direct staff to seek full RCTC approval of the requested
change identified in this report.
• Direct staff to prepare appropriate amendments to the FY19
SRTP as a result of this action.
• Direct staff to modify all procurement documentation impacted
by the changes identified in this request.
150
AGENDA ITEM 9
Agenda Item 9
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: April 10, 2019
TO: Riverside County Transportation Commission
FROM: Jillian Guizado, Legislative Affairs Manager
THROUGH: Anne Mayer, Executive Director
SUBJECT: State and Federal Legislative Update
STAFF RECOMMENDATION:
This item is for the Commission to:
1) Adopt the following bill position:
a) AB 626 (Quirk-Silva); and
2) Receive and file an update on state and federal legislation.
DISCUSSION:
State Update
On March 11, 2019, Governor Newsom announced a legislative proposal as part of his housing
package for 2019. The Governor’s latest proposal builds upon statements the Governor
previously made in January 2019 tying housing production in local jurisdictions to receipt of
Senate Bill 1 Local Streets and Roads funds. As part of this proposal, $750 million is being offered
to local jurisdictions to support and incentivize planning and zoning that address the Governor’s
housing goals. It is worth noting at this point, this is just a proposal; legislation still must be
introduced by the Assembly or the Senate and go through the formal legislative process. Staff
will be monitoring movement on this proposal in the legislature and encourages each of the cities
and the County to follow this closely, as well, and utilize advocacy organizations to receive
jurisdiction-specific information and to communicate your jurisdictions concerns. The
Commission’s adopted legislative platform opposes legislation such as what the Governor
proposed.
AB 626 (Quirk-Silva) – Staff Recommendation: OPPOSE
The Commission’s procurement and contracting practices are established in various state and
federal laws, as well as its Procurement Policy Manual. Currently, the Commission has sufficient
flexibility to structure its procurements in such a way that contracted firms are able to participate
in multiple work phases, should the Commission have that need or desire. Additionally, the
Commission has the ability to determine on a case-by-case basis whether a potential, actual, or
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Agenda Item 9
perceived conflict of interest exists for firms proposing on subsequent portions/phases of a
project when they have performed services on prior portions/phases of the project.
AB 626, authored by Assemblymember Sharon Quirk-Silva and sponsored by the American
Council of Engineering Companies, seeks to specifically dictate under Government Code Section
1091.5 that professionals who provide preliminary design, preconstruction, plans and
specifications, or planning services on one phase of a project are deemed not to have a conflict
of interest in subsequent project phases. Staff believes AB 626, as currently written, may limit
competition and/or provide an unfair competitive advantage on Commission projects, prevent
the Commission from holding contractors liable for work performed, and/or allow for potential,
actual, or perceived conflicts of interest. These outcomes would disadvantage the Commission
and taxpayers and would threaten the public’s and contractors’ trust in the fairness of the
Commission’s processes.
Staff’s recommended oppose position on AB 626 is in line with the Commission’s adopted 2019
State and Federal Legislative Platform, which includes a principle under “Protect Our Authority
and Revenue” to “oppose legislation that amends procurements law in a manner that increases
the Commission’s exposure to litigation, costs, decreased private sector competition, conflicts of
interest, or deviation from best practices.”
Federal Update
Also on March 11, 2019, President Trump released his 2020 budget proposal, which
recommended a 22 percent cut to transportation. The President’s budget proposal is just the
first step in the budget process. Each chamber is responsible for drafting a budget bill that moves
through the formal legislative process. Staff will follow the Federal Fiscal Year 2020 budget
process closely and, as necessary, will advocate for Congress to appropriate funds for 2020 in line
with the amounts authorized under the Fixing America’s Surface Transportation (FAST) Act.
On March 4, 2019, the Commission submitted an application to the U.S. Department of
Transportation seeking $75 million for a network of three projects on the State Route 91 corridor:
the 15/91 Express Lanes Connector, the 91 Corridor Operations, and the 71/91 Interchange
Projects. The Infrastructure for Rebuilding America program is a highly competitive national
grant program and the success rate for applicants in the previous round of funding was
11 percent. The entire House of Representatives delegation from Riverside County and several
Members representing Orange and San Bernardino Counties have declared their support for
RCTC’s grant application, as well as Senator Feinstein. More than 400 members of the public
signed-on in support of RCTC’s effort, in addition to several local and regional organizations,
including cities and chambers of commerce. The city of Corona and the Orange County
Transportation Authority have provided tentative commitments of matching funds, which will
increase the application’s competitiveness. Commission staff and lobbyists will continue
advocacy activities to pursue this grant, as a successful award would enable all three projects to
move forward expeditiously while enabling the Commission to make substantial progress on its
Western County Highway Delivery Plan, which is oversubscribed.
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AGENDA ITEM 10
Agenda Item 10
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: April 10, 2019
TO: Riverside County Transportation Commission
FROM: Brian Cunanan, Commuter and Motorist Assistance Manager
THROUGH: Anne Mayer, Executive Director
SUBJECT: Modifications to 2019 Call Box Program Upgrade/Reduction Plan
STAFF RECOMMENDATION:
This item is for the Commission to approve modifications to the 2019 Call Box Upgrade and
Reduction Plan (CB Plan) approved at the March Commission meeting.
BACKGROUND INFORMATION:
In 1986, the Commission established itself as the Riverside County Service Authority for Freeway
Emergencies (RC SAFE) after the enactment of SB 1199 in 1985. The purpose of the formation of
SAFEs in California was to provide call box services and, with excess funds, provide additional
motorist aid services. Acting in its capacity as the RC SAFE, the Commission currently operates a
Motorist Assistance program within Riverside County’s freeway and highway system that is
comprised of three components: 1) call boxes, 2) freeway service patrol (FSP), and 3) 511 traveler
information services. Funding for RC SAFE is derived from a one dollar per vehicle registration
fee on vehicles registered in Riverside County.
The call box system was developed before the proliferation of mobile phones as a means to
request motorist assistance. The demand for call boxes continues to decline, and call boxes are
nearing obsolescence much like the pay phones and phone booths due to mobile phone
ownership trending upward, the widespread coverage of cellular service with increasing number
of cell sites, and the availability of other motorist aid services such as FSP or in-vehicle systems
to request emergency assistance. However, there are still highway users that do not have a cell
phone or may find themselves in a situation where assistance is not accessible (dead battery or
no cell coverage). Thus, Commission staff continuously evaluates the call box system with a goal
to operate a strategic but efficient service for motorists in need, resulting in reductions to the
system at regular intervals after obtaining Commission approval.
In March 2019, the Commission approved the following actions that further reduce the call box
footprint and necessary upgrade (3G to 4G) and maintenance costs moving forward, but also
maintain a responsible “lifeline” for motorist traveling in Riverside County:
• Implementation of the CB Plan resulting in a system reduction of 83 call boxes, decreasing
the number of units from 234 to 151, a 35 percent reduction. The reduction criteria
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Agenda Item 10
applied included: a) units with low usage, b) units in urban areas and/or with FSP service,
and c) all B and C site type configurations, except nine critical units on I-10 and SR-243.
• CASE Systems, Inc. (CASE) amendment ($275,000) to provide call box removal and
upgrade services consistent with the CB Plan and for the continued provision of call box
maintenance services through June 30, 2020;
• San Bernardino County Transportation Authority (SBCTA)/Orange County Transportation
Authority (OCTA) agreement ($180,000) for the reimbursement of call answering center
services related to the operation of call answering center services associated with the call
boxes and future 511 motorist assistance services; and
• Sunset the Call Box Program at the end of Fiscal Year (FY) 2023/24 or in conjunction with
the next system upgrade from 4G to 5G, whichever comes first.
The CB Plan was approved with understanding that requests by Commissioners to further analyze
and reconsider certain call box removal locations will be followed up by staff and any resulting
modification recommendations to the CB Plan would be brought back directly to April meeting
for Commission approval.
DISCUSSION:
Several requests were submitted by Commissioners during and after the March meeting to
further analyze and reconsider call boxes on particular highways. Commissioners also shared
program improvement suggestions. The highways that Commissioners requested to revisit were
all in eastern Riverside County and included more rural segments along I-10, SR-78, SR-86,
SR-111, and US-95.
Reconsideration for Call Boxes on Highways of Concern
• Interstate 10: There are currently 94 call boxes on I-10 that received a combined 523 calls
in FY 2018, including 106 emergency calls. In total, 12 call boxes (six pairs) were approved
for removal due to having B and C call box site type configurations. Call boxes are typically
placed on highways in “pairs”, one on each side of the highway. Sixty-six requests for
motorist aid and five emergency calls were received from these boxes in FY 2018. Each
of the 12 boxes are located within one mile of another call box. Therefore, with their
removal, the spacing will go from one mile to two miles in those areas. No modification is
recommended to the CB Plan for I-10.
• State Route 78: There are currently three call boxes on SR-78 that received a combined
three calls in FY 2018, including one emergency call. In total, all three boxes were
approved for removal due to low usage. The northern most call box is located 100 meters
from a grocery store and had zero calls in FY 2018. Moving south, the next call box is two
miles from the same grocery store and had one call in FY 2018. The southernmost call
box received two calls in FY 2018. Despite low usage, this particular call box is located
five miles from any available service. Therefore, a modification to keep this one call box
(not remove) is recommended to the CB Plan for SR-78.
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Agenda Item 10
• State Route 86: There are currently eight call boxes (four pairs) on SR-86 that received a
combined 12 calls in FY 2018, including four emergency calls. In total, all eight boxes were
approved for removal due to low usage and/or proximity to amenities/service. The
northernmost pair of boxes is located one-half mile from a gas station and had a
combined seven calls in FY 2018. Moving south, the next call box pair is 1.4 miles from a
shopping center and had four calls in FY 2018. The two southern most call box pairs
combined received one call in FY 2018. Despite low usage, these particular pairs are
located two to three miles from any available service. Therefore, a modification to keep
(not remove) these two call box pairs (four call boxes) is recommended to the CB Plan for
SR-86.
• State Route 111: There are currently three call boxes on SR-111 that received a combined
seven calls in FY 2018, including six emergency calls. In total, one call box was approved
for removal due to being a B site type configuration. This call box received three calls in
FY 2018 and is two miles from the nearest gas station. No modification is recommended
to the CB Plan for SR-111.
• U.S. Route 95: There are currently two call boxes on US-95 that received a combined zero
calls in FY 2018. Both call boxes were approved for removal due to being a C site type
configuration and low usage. One call box is six miles north of a gas station and the other
is 12 miles north of a gas station. Despite the long distances from any amenity/service,
only one call between the two call boxes has been made in the last four years. Therefore,
no modification is recommended to the CB Plan for US-95.
Additional Program Considerations
In addition to highways to reconsider, staff received additional suggestions such as applying
traffic volumes or adjacency as filters to consider when evaluating the system and to deploy
additional 511 signage.
• Traffic Volumes: A preliminary analysis on a few routes found that traffic volume was not
a reliable indicator of call box need/usage to apply systemwide. For example, for the
12 miles from the state line on I-10, the average use for the first 6 miles is 2.7 calls per
year per call box and the next adjacent 6 miles is 7.5 calls per year per call box. The traffic
volumes largely remain the same; however, the use in one case is almost three times
greater. Traffic volumes have been applied as a metric, albeit indirectly, in that the
highest traffic volume segments within Riverside County are currently served by Freeway
Service Patrol (FSP). FSP was used as a reduction criteria and as such eliminated nearly
all the call boxes on the western edge of Riverside County.
• Adjacency: Currently, there are only 31 remaining boxes systemwide that are within one
mile of another call box or amenity. These boxes (12 pairs on I-10 in District 4, three pairs
on SR-60 in Banning/Beaumont, and one call box in Lake Elsinore) were not recommended
for removal due to a combination of considerations including usage, grade, and lack of
availability of services/amenities (hours). For example, the one box that is located on a
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Agenda Item 10
graded segment of SR-74 east of Lake Elsinore is actually in the parking lot of a diner that
is open 8 a.m. - 5 p.m. daily. However, outside of those times, there is not another service
in either direction for more than four miles.
• 511 Signage: As part of the call box program optimization and award to a new call
answering center vendor approved at the March meeting, staff is developing a “mobile”
511 call box program to be launched in 2020. This enhancement will allow motorists with
cell phones to request motorist aid by dialing 511. Included in that effort will be an
outreach campaign to educate motorists of the new service and the potential for
additional highway 511 signage to increase public awareness of the service.
In total, the recommended modifications result in five call boxes that were previously slated for
removal in the CB Plan to be retained and upgraded. Annual maintenance costs for these five
call boxes is projected to be $2,280 ($456 per box) in FY 2020. The costs for upgrading five call
boxes to 4G will be $4,110 ($822 per call box). The total FY 2020 costs for the five call boxes will
be $6,390. When compared to the $2,000 removal costs ($400 per box x 5) originally
recommended, the incremental costs to keep and maintain these five boxes in FY 2020 is $4,390.
The financial impact of this modification through the approved sunset of the call box program at
the end of FY 2024 (five years) is an incremental $14,500.
RECOMMENDATION
Staff recommends the Commission approve the modifications to the CB Plan. The revised
CB Plan reduces the current system from 234 to 156 call boxes, with the removal of 78 units
reflecting a 33 percent reduction.
No modifications are needed to the accompanying agreements approved at the March meeting.
The cost for a call box removal is similar to that of one full year of maintenance. Therefore, no
additional contract budget modifications are necessary to the CASE amendment. Additionally,
the modifications to the CB Plan have no bearing to the shared call answering center agreement
with SBCTA/OCTA.
Upon Commission approval of the modified CB Plan and execution of the amendment with CASE,
a notice to proceed for the upgrades of call boxes to be retained will be issued to CASE.
Concurrently the approved reduction plan will be submitted to the California Highway Patrol
(CHP) and Caltrans for review and approval. Upon CHP and Caltrans’ approval, a notice to
proceed will be issued to CASE for the decommission and permanent removal of the identified
call boxes.
156
Agenda Item 10
Financial Information
In Fiscal Year Budget: N/A
N/A Year: FY 2019/20
FY 2020/21+ Amount: $4,390
$10,110
Source of Funds: SAFE (Department of Motor Vehicle
registration fees) Budget Adjustment: N/A
N/A
GL/Project Accounting No.: 002174 73301 00000 0000 202 45 73301
002174 81016 00000 0000 202 45 81002
Fiscal Procedures Approved: Date: 04/02/2019
Attachment: Riverside County Map reflecting the modified 2019 Call Box Upgrade and Reduction
Plan
157
Call Box ProgramMap - Modified 2019 Call Box Program Upgrade and Reduction Plan158
CALL BOX PROGRAM
OPTIMIZATION UPDATE
Riverside County Transportation Commission
April 10, 2019
Brian Cunanan, Commuter and Motorist Assistance Manager
External Affairs Department 1
Call Box Program
Optimization Plan Update
2
•Recap March Approvals
•Post Board Suggestions & Requests
•Resulting Recommendations
•Modified Call Box Plan Impacts
Call Box Program
March Board Approval:
3
Call Box Upgrade
and Reduction Plan
Reduce from 234 to 151 call
boxes (35% reduction)
CASE Systems Amendment
to provide call box removal and upgrade
services, and for the continued provision
of maintenance services through
June 30, 2020 ($275,000)
SBCTA (& OCTA) Agreement
for shared call answering services for call
box operations and future 511 motorist
assistance services ($180,000)
Program Sunset
(end of FY 2023/24) or in
conjunction with the next
system network upgrade,
whichever comes first
Call Box Program
4
•3G Network Obsolete
after Dec. 31, 2019
•234 Call Boxes (Current)
•4G Upgrade Cost:
$211K one-time (~$900 x 234 units)
•Projected Maintenance Costs:
$560K over 5 years
Approved 2019 Call Box Plan
•Reduction Criteria -Low use, urban areas
and/or with Freeway Service Patrol, B & C site
type call boxes –83 Removals
•Reduce to 151 Call Boxes
•4G Upgrade Cost:
$136K one-time (~$900 x 151 units)
•Projected Maintenance Costs:
$362K over 5 years
Call Box Program
5
Approved 2019 Call Box Plan Map
Call Box Program
Commissioner Requests/Suggestions:
6
•Highways of Concern:
•Suggestions:
–Traffic Volumes
–Adjacency
–511 Signage/Outreach
" H i g h w a y s o f C o n c e r n :
" S u g g e s t i o n s :
T r a f f i c V o l u m e s
A d j a c e n c y
5 1 1 S i g n a g e / O u t r e a c h
C a l l B o x P r o g r a m
C o m m i s s i o n e r R e q u e s t s / S u g g e s t i o n s :
7
& w a s n o t a r e l i a b l e i n d i c a t o r o f c a l l b o x u s a g e t o a p p l y
s y s t e m w i d e . F o r e x a m p l e , t h e f i r s t 1 2 m i l e s f r o m t h e s t a t e
l i n e o n I - 1 0 , t h e t r a f f i c v o l u m e s l a r g e l y r e m a i n t h e s a m e ,
h o w e v e r , u s a g e v a r i e s u p t o 3 x b e t w e e n t h e f i r s t a n d s e c o n d
h a l v e s o f t h a t s t r e t c h .
" H i g h w a y s o f C o n c e r n :
" S u g g e s t i o n s :
T r a f f i c V o l u m e s
A d j a c e n c y
5 1 1 S i g n a g e / O u t r e a c h
C a l l B o x P r o g r a m
C o m m i s s i o n e r R e q u e s t s / S u g g e s t i o n s :
8
T h e r e a r e 3 1 c a l l b o x e s w i t h i n o n e m i l e o f a n o t h e r c a l l b o x
o r s e r v i c e t h a t w e r e N O T r e c o m m e n d e d f o r r e m o v a l d u e t o
a c o m b i n a t i o n o f c o n s i d e r a t i o n s i n c l u d i n g u s a g e a n d g r a d e .
" H i g h w a y s o f C o n c e r n :
" S u g g e s t i o n s :
T r a f f i c V o l u m e s
A d j a c e n c y
5 1 1 S i g n a g e / O u t r e a c h
C a l l B o x P r o g r a m
C o m m i s s i o n e r R e q u e s t s / S u g g e s t i o n s :
9
M o b i l e 5 1 1 c a l l b o x p r o g r a m w i l l l a u n c h i n 2 0 2 0 .
I n c l u d e d i n t h a t e f f o r t w i l l b e a n o u t r e a c h c a m p a i g n t o
e d u c a t e m o t o r i s t s o f t h e n e w s e r v i c e a n d p o t e n t i a l f o r
a d d i t i o n a l h i g h w a y 5 1 1 s i g n a g e i n t h e f u t u r e t o h e l p
i n c r e a s e a w a r e n e s s .
Approved 2019 Call Box Optimization Map
10
Highways of Concern:
Call Box Program
I-10
11
The 12 call boxes (6 pairs) are all B or C sites. The call boxes being removed are all currently located within 1 mile of
another call box. With removal of these call boxes the spacing will go from 1 mile to 2 mile spacing in those areas.
12 call boxes of the 94 total on the I-10 are slated for removal in the approved Call Box Plan
due to all being B & C site type configurations.
Call Box Program
I-10
12
Call box spacing to
go to 2 mile
intervals
FY18 usage:
11 calls (8 motorist aid,
1 fire, 1 pedestrian,
1 medical)
Call box spacing to
go to 2 mile
intervals
FY18 usage:
13 calls
(12 motorist
aid, 1 bicyclist)
Call box spacing
to go to 2 mile
intervals
FY18 usage:
47 calls between 8
call boxes (46 motorist
aid, 1 accident)
12 call boxes of the 94 total on the I-10 are slated for removal in the approved Call Box Plan
due to all being B & C site type configurations.
Call Box Program
SR78
13
3 call boxes of the 3 total on SR78 are slated for removal in the approved Call Box Plan due to low usage.
REVISED RECOMMENDATION TO KEEP 1 CALL BOX 5 MILES FROM ANY SERVICE.
Call box is less than
100 meters from a
grocery store open
7am-7pm
Call box is 2 miles
from the same
grocery store
FY18 usage:
0 calls
FY18 usage:
1 call (asking
for directions to
a pay phone)
Call box is 5 miles
from any services
FY18 usage:
2 calls
(pedestrian,
motorist aid)
Call Box Program
SR78
14
3 call boxes of the 3 total on SR78 are slated for removal in the approved Call Box Plan due to low usage.
REVISED RECOMMENDATION TO KEEP 1 CALL BOX 5 MILES FROM ANY SERVICE.
Call box is less than
100 meters from a
grocery store open
7am-7pm
Call box is 2 miles
from the same
grocery store
FY18 usage:
0 calls
FY18 usage:
1 call (asking
for directions to
a pay phone)
Financial Impact: $3,300
Total upgrade and maintenance costs through FY24
---------------------------
•Upgrade Costs = ~$900 (one-time)
•Maintenance Costs = ~$2,400
(thru end of FY24)
Recommendation to
KEEP (not remove) due
to distance from services
Call box is 5 miles
from any services
FY18 usage:
2 calls
(pedestrian,
motorist aid)
Call Box Program
SR86
15
2 call boxes
(1 pair) are less
than ½ mile from
a gas station. 2 call boxes
(1 pair) are 1.4
miles from a
shopping center
FY18 usage:
4 calls
(4 motorist aid)
4 call boxes
(2 pairs) are 2-3
miles from a gas
station.
FY18 usage:
1 call only
between all 4
boxes (pedestrian)
FY18 usage:
7 calls
(1 medical, 1 false
alarm, 1 no response,
2 motorist aid,
2 reporting fire)
8 call boxes of the 8 total on SR86 are slated for removal due to low usage and/or proximity to amenities/services.
REVISED RECOMMENDATION TO KEEP 4 OF THE 8 TOTAL CALL BOXES.
Call Box Program
SR86
16
2 call boxes
(1 pair) are less
than ½ mile from
a gas station. 2 call boxes
(1 pair) are 1.4
miles from a
shopping center
FY18 usage:
4 calls
(4 motorist aid)
8 call boxes of the 8 total on SR86 are slated for removal due to low usage and/or proximity to amenities/services.
REVISED RECOMMENDATION TO KEEP 4 (2 PAIRS) OF THE 8 TOTAL CALL BOXES.
4 call boxes
(2 pairs) are 2-3
miles from a gas
station.
FY18 usage:
1 call only
between all 4
boxes (pedestrian)
FY18 usage:
7 calls
(1 medical, 1 false
alarm, 1 no response,
2 motorist aid,
2 reporting fire)
Recommendation
to KEEP (not
remove) due to
distance from
services
Financial Impact: $13,200
Total upgrade and maintenance costs through FY24
---------------------------
•Upgrade Costs = ~$900 x 4 boxes
(one-time)
•Maintenance Costs = ~$2,400 x 4
boxes (thru end of FY24)
Call Box Program
17
1 call box of the 3 total on SR111 is slated for removal due to being a B site type configuration.
1 call box slated for
removal –“B” site
type. Nearest gas
station is 2 miles
FY18 usage:
3 calls
(2 pedestrian,
1 medical)
2 call boxes (1 pair) of the 3
on SR111 will remain
SR111
Call Box Program
US95
18
A total of 2 call boxes (of the 2 total) are slated for removal due to low usage and both are C site type configurations.
FY18 usage:
0 calls; In the last 4 years
only 1 call was made from
these call boxes.
Call box pair is
12 miles north of
a gas station.
Call box pair is
6 miles north of
a gas station.
Call Box Program
19
Modified 2019 Call Box Plan Map
Recommendation to KEEP
(not remove) five (5) call boxes.
Total Financial Impact: $16,500
Total upgrade and maintenance costs through FY24
Call Box Upgrade and Reduction Plan
Reduce from 234 to 151 call boxes (35% reduction)
156 call boxes (33% reduction)
QUESTIONS
20