HomeMy Public PortalAbout10 October 26, 2020 Western Riverside County Programs and Projects
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please complete and submit a Speaker Card to the Clerk of the Board.
MEETING AGENDA
Western Riverside County Programs and
Projects Committee
Time: 1:30 p.m.
Date: October 26, 2020
Pursuant to Governor Newsom’s Executive Order N-29-20, (March 18, 2020), the Governing
Board meeting will only be conducted via video conferencing and by telephone.
COMMITTEE MEMBERS
Michael Vargas, Chair/Rita Rogers, City of Perris
Clint Lorimore, Vice Chair/Todd Rigby, City of Eastvale
Wes Speake/Jim Steiner, City of Corona
Brian Berkson/Chris Barajas, City of Jurupa Valley
Bill Zimmerman/Dean Deines, City of Menifee
Yxstian Gutierrez/Carla Thornton, City of Moreno Valley
Scott Vinton/Christi White, City of Murrieta
Berwin Hanna/Ted Hoffman, City of Norco
Andrew Kotyuk/Russ Utz, City of San Jacinto
Ben J. Benoit/Joseph Morabito, City of Wildomar
Kevin Jeffries, County of Riverside, District I
Jeff Hewitt, County of Riverside, District V
STAFF
Anne Mayer, Executive Director
John Standiford, Deputy Executive Director
AREAS OF RESPONSIBILITY
Air Quality, Capital Projects, Communications and
Outreach Programs, Intermodal Programs, Motorist
Services, New Corridors, Regional Agencies/Regional
Planning, Regional Transportation Improvement Program
(RTIP), Specific Transit Projects, State Transportation
Improvement Program (STIP)
Transportation Uniform Mitigation Fee (TUMF)
Program, and Provide Policy Direction on
Transportation Programs and Projects related to
Western Riverside County and other areas as may
be prescribed by the Commission.
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE
www.rctc.org
AGENDA*
*Actions may be taken on any item listed on the agenda
1:30 p.m.
Monday, October 26, 2020
Pursuant to Governor Newsom’s Executive Order N-29-20, (March 18, 2020), the Western Riverside
County Programs and Projects Committee meeting will only be conducted via video conferencing and
by telephone. Please follow the instructions below to join the meeting remotely.
INSTRUCTIONS FOR ELECTRONIC PARTICIPATION
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For members of the public wishing to submit comment in connection with the Western Riverside
County Programs and Projects Committee Meeting please email written comments to the Clerk
of the Board at lmobley@rctc.org prior to October 25, 2020 at 5:00 p.m. and your comments will
be made part of the official record of proceedings. Members of the public may also make public
comments through their telephone or Zoom connection when recognized by the Chair.
In compliance with the Brown Act and Government Code Section 54957.5, agenda materials distributed
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for inspection by members of the public prior to the meeting on the Commission’s website, www.rctc.org.
In compliance with the Americans with Disabilities Act, Government Code Section 54954.2, Executive Order
N-29-20, and the Federal Transit Administration Title VI, please contact the Clerk of the Board
at
Western Riverside County Programs and Projects Committee
October 26, 2020
Page 2
(951)787-7141 if special assistance is needed to participate in a Committee 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 AND PLEDGE OF ALLEGIANCE
2.ROLL CALL
3.PUBLIC COMMENTS – Each individual speaker is limited to speak three (3) continuous minutes
or less. The Committee may, either at the direction of the Chair or by majority vote of the
Committee, 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. Also, the Committee may terminate public
comments if such comments become repetitious. In addition, the maximum time for public
comment for any individual item or topic is thirty (30) minutes. Speakers may not yield their
time to others without the consent of the Chair. Any written documents to be distributed or
presented to the Committee shall be submitted to the Clerk of the Board. This policy applies
to Public Comments and comments on Agenda Items.
4.ADDITIONS/REVISIONS (The Committee 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 Committee subsequent to the posting of the agenda. An action adding an
item to the agenda requires 2/3 vote of the Committee. If there are less than 2/3 of the
Committee 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.)
5.APPROVAL OF MINUTES – SEPTEMBER 28, 2020
6.15 EXPRESS LANES ADMINISTRATIVE REVIEW HEARING OFFICER SERVICES AGREEMENT
Page 1
Overview
This item is for the Committee to:
1)Approve Agreement No. 21-31-011-00 with David Cyprien for 15 Express Lanes
administrative review hearing officer services for a five-year term in an amount not to
exceed $100,000;
2)Authorize the Chair or Executive Director, pursuant to legal counsel review, to finalize
and execute the agreement on behalf of the Commission; and
3)Forward to the Commission for final action.
Western Riverside County Programs and Projects Committee
October 26, 2020
Page 3
7. REQUEST TO DECLARE REAL PROPERTY AS SURPLUS
Page 19
Overview
This item is for the Committee to:
1) Declare as surplus the real properties in the cities of Riverside, Perris, Hemet, and San
Jacinto, as specifically identified in this report and attachments;
2) Authorize the Executive Director to notify public agencies pursuant to California
Government Code (Government Code) Section 54220 et.seq the properties are
available;
3) Authorize the Executive Director to offer the surplus properties for sale to the public
should no response be received; and
4) Forward to the Commission for final action.
8. AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR STATE
FUNDING AND SENATE BILL 1 FUNDING FOR THE OPERATION OF THE FREEWAY SERVICE
PATROL PROGRAM IN RIVERSIDE COUNTY
Page 39
Overview
This item is for the Committee to:
1) Approve Agreement No. 21-45-017-00 with the California Department of
Transportation (Caltrans) to provide state funding for FY 2020/21 for the operation of
the Riverside County Freeway Service Patrol (FSP) program in an amount not to exceed
$1,696,153;
2) Approve Agreement No. 21-45-016-00 with Caltrans to provide Senate Bill (SB) 1
funding for FY 2020/21 for the operation of the Riverside County FSP program in an
amount not to exceed $1,412,787;
3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to finalize
and execute the agreements on behalf of the Commission;
4) Adopt Resolution No. 20-015, “A Resolution of the Riverside County Transportation
Commission Authorizing Certain Officials to Execute Agreements with Caltrans for
Freeway Service Patrol Program Funding ”; and
5) Forward to the Commission for final action.
Western Riverside County Programs and Projects Committee
October 26, 2020
Page 4
9. REGIONAL 511 IMPLEMENTATION
Page 59
Overview
This item is for the Committee to:
1) Approve Agreement No. 21-45-022-00, between the Los Angeles County Service
Authority for Freeway Emergencies (LA SAFE), San Bernardino County Transportation
Authority (SBCTA), and the Commission for Southern California’s 511 traveler
information system services for up to a five-year term in the amount of $865,506, plus
a contingency amount of $25,000, for a total amount not to exceed $890,506;
2) Approve Agreement No. 09-45-067-08, Amendment No. 8 to Agreement No.
09-45-067-00, with Iteris, Inc. (Iteris) for the continued provision of operations and
maintenance services for the Inland Empire 511 (IE511) system through June 30, 2021
for an additional amount of $130,000, and a total amount not to exceed $3,475,785;
3) Approve Agreement No. 14-41-156-07, Amendment No. 7 to Agreement No.
14-41-156-00, with Media Beef, Inc. (Media Beef) for the continued provision of
programming and website/mobile application administration services for IE511
through June 30, 2021 for an additional amount of $35,000, and a total amount not to
exceed $1,473,670;
4) Approve Agreement No. 19-45-080-02, Amendment No. 2 to Agreement No.
19-45-080-00, with SBCTA to extend the agreement through June 30, 2021 for
reimbursement to the Commission for continued IE511 operations;
5) Authorize the Chair or Executive Director, pursuant to legal counsel review, to finalize
and execute the agreements on behalf of the Commission; and
6) Forward to the Commission for final action.
10. AGREEMENT FOR VANPOOL VEHICLE LEASING SERVICES
Page 81
Overview
This item is for the Committee to:
1) Award Agreement No. 21-41-021-00 to Airport Van Rental Vanpool, doing business as
AVR Vanpool (AVR), for vanpool vehicle leasing services for a three-year term, plus one
two-year option to extend the agreement, in an amount not to exceed $875,000;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to finalize
and execute the agreement, including option years, on behalf of the Commission; and
3) Forward to the Commission for final action.
11. COMMISSIONERS / STAFF REPORT
Overview
This item provides the opportunity for the Commissioners and staff to report on attended and
upcoming meeting/conferences and issues related to Commission activities.
Western Riverside County Programs and Projects Committee
October 26, 2020
Page 5
12. ADJOURNMENT
The next Western Riverside County Programs and Projects Committee meeting is scheduled
to be held at 1:30 p.m., Monday, November 23, 2020, Board Chambers, First Floor, County
Administrative Center, 4080 Lemon Street, Riverside.
AGENDA ITEM 5
MINUTES
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE
Monday, September 28, 2020
MINUTES
1. CALL TO ORDER
The meeting of the Western Riverside County Programs and Projects Committee was called to
order by Chair Michael Vargas at 1:31 p.m. via Zoom Meeting ID: 817 3764 0492. Pursuant to
Governor Newsom’s Executive Order N-29-20, (March 18, 2020), the Western Riverside County
Programs and Projects Committee meeting will only be conducted via video conferencing and by
telephone.
2. ROLL CALL
Members/Alternates Present Members Absent
Ben Benoit Yxstian Gutierrez
Brian Berkson Andrew Kotyuk
Berwin Hanna Scott Vinton
Jeff Hewitt*
Kevin Jeffries
Clint Lorimore
Wes Speake
Michael Vargas
Bill Zimmerman
*arrived after meeting was called to order
3. PUBLIC COMMENTS
There were no requests to speak.
4. ADDITIONS/REVISIONS
There were no additions or revisions at this time.
5. APPROVAL OF MINUTES – JULY 27, 2020
M/S/C (Benoit/Hanna) to approve the minutes as submitted.
At this time, Commissioner Jeff Hewitt arrived.
RCTC WRC Programs and Projects Committee Minutes
September 28, 2020
Page 2
6. INLAND EMPIRE COMPREHENSIVE MULTIMODAL CORRIDOR PLAN ADOPTION
Jillian Guizado, Planning and Programming Manager, presented the background of the
Inland Empire Comprehensive Multimodal Corridor Plan. Ms. Guizado introduced Gary
Hamrick, Cambridge Systematics, to present the details of the Inland Empire
Comprehensive Multimodal Corridor Plan.
Commissioner Kevin Jeffries commented the 60/215 East Junction has the worst
congestion but this area is ruled out because of the lawsuit regarding the UCR area
requiring that no more projects be done on that stretch of the freeway or the railway
through the corridor.
Anne Mayer, Executive Director, responded there is still one more project from the
freeway project along I-215 which is the addition of an HOV lane from Nuevo to Box
Springs Road. BNSF has very little commercial enterprise along that corridor. BNSF does
not plan on expanding south or east of Perris.
Ms. Mayer added this plan was necessary for RCTC to continue to apply for SB 1 congested
corridor funding.
M/S/C (Benoit/Hewitt) to:
1) Adopt and confirm the Inland Empire Comprehensive Multimodal
Corridor Plan (CMCP) is consistent with California Transportation
Commission guidelines for CMCPs;
2) Authorize staff to make minor changes as needed to keep the document
current and accurate; and
1) Forward to the Commission for final action.
7. AMENDMENT TO AGREEMENT RELATED TO THE CONSTRUCTION OF THE RIVERSIDE
DOWNTOWN LAYOVER FACILITY EXPANSION PROJECT
Bryce Johnston, Capital Projects Manager, presented the scope of the amendment to the
agreement related to the construction of the Riverside Downtown Layover Facility
Expansion project.
In response to Commissioner Bill Zimmerman’s question regarding the soils report, Mr.
Johnston stated a soils report was done but they underestimated how much soil was
contaminated. One of the contaminants was diesel.
Mr. Johnston also discussed how many additional cubic yards of contaminated soil there
were, the change order amounts and the hazardous waste facility where it was taken.
M/S/C (Hanna/Jeffries) to:
RCTC WRC Programs and Projects Committee Minutes
September 28, 2020
Page 3
1) Approve the increase in the contingency for Agreement No. 19-33-029-
00 with Reyes Construction, Inc., for the construction of the Riverside
Downtown Layover Facility Expansion Project (Project) in the amount of
$455,000, for a revised contingency of $875,142, and a total amount not
to exceed $5,255,000;
2) Approve an increase of $300,000 in the FY 2020/21 budget for
construction expenditures related to the Project; and
3) Forward to the Commission for final action.
8. AMENDMENT TO CONSTRUCTION MANAGEMENT AGREEMENT FOR THE LA SIERRA
STATION EXPANSION PROJECT
Mr. Johnston presented the details of the amendment to the construction management
agreement for the La Sierra Station expansion project.
Mr. Johnston clarified for Commissioner Hewitt the construction went through two design
firms and there were a few electrical setbacks.
Ms. Mayer added that it is not uncommon for smaller projects to have a higher
percentage of support. The amount of effort needed to be put in to the smaller projects
is close to that of the larger projects.
M/S/C (Benoit/Lorimore) to:
1) Approve Agreement No. 16-24-080-03, Amendment No. 3 to Agreement
16-24-080-00, with S2 Engineering, Inc. (S2) to complete construction
management (CM) services, materials testing, and construction survey
services for the La Sierra Station Expansion Project, for an additional
amount of $102,069 and a total amount not to exceed $940,469;
2) Authorize the Chair or Executive Director, pursuant to legal counsel
review, to finalize and execute the agreements on behalf of the
Commission; and
3) Forward to the Commission for final action.
9. COMMISSIONERS / STAFF REPORT
There were no Commissioner or Executive Director comments.
10. ADJOURNMENT
There being no further business for consideration by the Western Riverside County
Programs and Projects Committee, the meeting was adjourned at 2:12 p.m.
RCTC WRC Programs and Projects Committee Minutes
September 28, 2020
Page 4
Respectfully submitted,
Lisa Mobley
Clerk of the Board
AGENDA ITEM 6
Agenda Item 6
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: October 26, 2020
TO: Western Riverside County Programs and Projects Committee
FROM: Anthony Parada, Senior Management Analyst
Jennifer Crosson, Toll Operations Manager
THROUGH: Michael Blomquist, Toll Program Director
SUBJECT: 15 Express Lanes Administrative Review Hearing Officer Services Agreement
STAFF RECOMMENDATION:
This item is for the Committee to:
1)Approve Agreement No. 21-31-011-00 with David Cyprien for 15 Express Lanes
administrative review hearing officer services for a five-year term in an amount not to
exceed $100,000;
2)Authorize the Chair or Executive Director, pursuant to legal counsel review, to finalize and
execute the agreement on behalf of the Commission; and
3)Forward to the Commission for final action.
BACKGROUND INFORMATION:
Toll revenue collection is vital to the success of the 15 Express Lanes. Enforcement of toll
violations is a critical component of toll revenue collections. In June 2019, the Commission
adopted Violation Ordinance No. 19-001 (Ordinance) setting forth the administrative procedures
and penalties for the processing of toll evasion violations for the express lanes. The
administrative procedures contained in the Ordinance are in strict adherence to the
requirements set forth in California Vehicle Code (CVC) Section 40250, et. seq.
The Ordinance, as required by the CVC, sets forth a process for toll evasion violations to be
contested and subsequently appealed through an administrative review hearing. The
administrative review hearing must be conducted by a reviewer who meets the requirements of
the CVC set forth as follows:
1.The administrative reviewer must be designated to conduct the reviews by the issuing
agency’s governing body or chief executive officer;
2.The administrative reviewer shall have no financial interest in the facility;
3.The administrative reviewer shall demonstrate those qualifications, training, and
objectivity prescribed by the issuing agency’s governing body or chief executive as are
necessary and which are consistent with the duties and responsibilities set forth in the
CVC; and
1
Agenda Item 6
4. The examiner’s continued employment, performance evaluation, compensation, and
benefits shall not be directly or indirectly linked to the amount of fines collected by the
examiner.
To meet the requirements of the Ordinance and CVC, staff searched for candidates who met the
qualifications stated above through the California Public Parking Association (CPPA). CPPA
provides training and certification for parking citation hearing officers throughout the state.
CPPA maintains a list of hearing officers with current certificates.
The Commission’s Procurement Policy Manual requires three quotes be obtained for professional
services agreements up to $250,000. Staff solicited proposals from ten officers who reside in
Southern California and received four responses. Interviews were conducted with the two
reviewers submitting the lowest hourly rate proposals to determine qualifications and ability to
respond to the Commission’s needs to conduct administrative review hearings. Staff determined
that David Cyprien submitted the most cost-effective proposal, meets the qualifications, and has
sufficient availability to respond to the Commission’s needs.
Mr. Cyprien maintains a current CPPA certificate, has over nine years of experience as a parking
citation hearing officer and two years as a toll evasion violation hearing officer. Mr. Cyprien
proposed the lowest rate and offered the most flexibility in terms of schedule availability. Staff
is familiar with Mr. Cyprien’s work as the administrative hearing officer for the 91 Express Lanes
and is confident that Mr. Cyprien will offer a fair and impartial hearing process for the
15 Express Lanes.
The proposed agreement with Mr. Cyprien provides for the scheduling of hearings as frequently
as needed and payment on a time and material basis, with a minimum payment to be provided
when the Commission transmits a batch of cases to Mr. Cyprien for administrative review. Staff
seeks a five-year term to allow for continuity in processes between the toll system provider and
the administrative reviewer. The five-year agreement amount of $100,000 provides for $20,000
in services each year. Hearings will be scheduled every three weeks to meet the time
requirements set forth in the CVC. Based on the required frequency for hearings and the number
of hearings currently performed for the 91 Express Lanes, it is estimated that hearing services
will cost approximately $20,000 a year.
Staff recommends the award of Agreement No. 21-31-011-00 to David Cyprien for administrative
review hearing officer services for a five-year term in an amount not to exceed $100,000.
The FY 2020/21 budget includes an amount for administrative review hearing officer services;
therefore, a budget adjustment is not required.
2
Agenda Item 6
Financial Information
In Fiscal Year Budget: Yes
N/A Year: FY 2020/21
FY 2021/22+ Amount: $20,000
$80,000
Source of Funds: Toll Revenues Budget Adjustment: No
N/A
GL/Project Accounting No.: 001599 77114 00000 0000 515 31 73002
Fiscal Procedures Approved: Date: 10/12/2020
Attachment: Draft Agreement No. 21-31-011-00 with David Cyprien
3
17336.02116\33195316.2
Agreement No. 21-31-011-00
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AGREEMENT FOR ADMINISTRATIVE REVIEW
HEARING OFFICER SERVICES
1. PARTIES AND DATE.
This Agreement is made and entered into this _ day of , 2020,
by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("the
Commission") and David Cyprien , an individual ("Contractor").
2. RECITALS.
2.1 Contractor desires to perform and assume responsibility for the
provision of administrative review hearing officer services required by Commission on
the terms and conditions set forth in this Agreement. Contractor represents that he is
experienced in providing administrative review hearing officer services to public clients
in California, is familiar with the provisions of Vehicle Code section 40250, et. seq.,
possess a California Public Parking Association certification, and is familiar with the
requirements of Commission.
2.2 Contractor represents that he has those qualifications, training, and
objectivity as are necessary for performance of this Agreement, and as may be further
specified herein.
2.3 Commission desires to engage Contractor to render administrative
review hearing officer services for the 15 Express Lanes (the “Project”) as set forth
herein and as required by the Commission’s ordinance and California Vehicle Code
40250, et. seq.
3. TERMS.
3.1 General Scope of Services. Contractor promises and agrees to
furnish to Commission all labor materials, tools, equipment, services, and incidental and
customary work necessary to fully and adequately provide administrative review hearing
officer services "Services". The Services are more particularly described in Exhibit "A"
attached hereto and incorporated herein by reference. All Services shall be subject to,
and performed in accordance with, this Agreement, the exhibits attached hereto and
incorporated herein by reference, and all applicable local, state, and federal laws, rules
and regulations.
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17336.02116\33195316.2 2
3.1.1 Independent Decision-making. Contractor shall provide
neutral, independent decision-making. Contractor’s continued employment,
performance evaluation, compensation, and benefits shall not be directly or indirectly
linked to the amount of fines collected by Contractor.
3.2 Term. The term of this Agreement shall be five (5) years
commencing on the date first specified above, unless earlier terminated as provided
herein. Contractor shall complete the Services within the term of this Agreement and
shall meet any other established schedules and deadlines.
3.3 Schedule of Services. Contractor shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with any Schedule
of Services set forth in Exhibit "A" attached hereto and incorporated herein by
reference. Contractor represents that it has the professional and technical ability
required to perform the Services in conformance with such conditions.
3.4 Independent Contractor. The Services shall be performed by
Contractor. Contractor will determine the means, method and details of performing the
Services subject to the requirements of this Agreement. Commission retains Contractor
on an independent contractor basis and Contractor is not an employee of Commission.
Contractor retains the right to perform similar or different services for others during the
term of this Agreement.
3.5 Conformance to Applicable Requirements. All work and Services
performed by Contractor shall conform to the applicable requirements under this
Agreement.
3.6 Commission’s Representative. Commission hereby designates
Executive Director, or his or her designee, to act as its representative for the
performance of this Agreement ("Commission’s Representative"). Commission's
representative shall have the power to act on behalf of Commission for all purposes
under this Agreement. Contractor shall not accept direction from any person other than
Commission's Representative or his or her designee.
3.7 Standard of Care; Licenses. Contractor shall perform the Services
under this Agreement in a skillful and competent manner, consistent with the standard
generally recognized as being employed by professionals in the same discipline in the
State of California. Contractor 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. Contractor represents and maintains that it is skilled in
the professional calling necessary to perform the Services. Contractor shall perform, at
his own cost and expense and without reimbursement from Commission, any Services
necessary to correct errors or omissions which are caused by the Contractor’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 Contractor’s errors and omissions.
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17336.02116\33195316.2 3
3.8 Laws and Regulations. Contractor shall keep himself 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. Contractor shall be liable for all
violations of such laws and regulations in connection with Services. If the Contractor
performs any work knowing it to be contrary to such laws, rules and regulations and
without giving written notice to Commission, Contractor shall be solely responsible for
all costs arising therefrom. Contractor 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.
3.9 Insurance.
3.9.1 Time for Compliance. Contractor 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.
3.9.2 Minimum Requirements. Contractor shall, at his 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 Contractor, his agents, representatives, or
employees. 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. Contractor shall
maintain limits no less than: (1) General Liability: $1,000,000 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; (2) Automobile Liability: $300,000 per accident for
bodily injury and property damage; and (3) if Contractor has employees, 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.
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17336.02116\33195316.2 4
3.9.3 Insurance Endorsements. The insurance policies shall
contain the following provisions, or Contractor 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 Contractors
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.
(B) Automobile Liability. [Reserved.]
(C) Workers’ Compensation and Employers Liability
Coverage.
(i) Contractor 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 Contractor.
(D) All Coverages.
(i) Defense costs shall be payable in addition to
the limits set forth hereunder.
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17336.02116\33195316.2 5
(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, its 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 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) Contractor shall provide the Commission at
least thirty (30) days prior written notice of cancellation of any policy required by this
Agreement, except that the Contractor 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 coverage is cancelled or expires during the term of this Agreement, the
Contractor 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. Contractor shall maintain such
coverage continuously for a period of at least three years after the completion of the
work under this Agreement. Contractor 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 Contractor, 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 Contractor pursuant to
this Agreement, including but not limited to, the provisions concerning indemnification.
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17336.02116\33195316.2 6
(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 Contractor or Commission will withhold amounts
sufficient to pay premium from Contractor payments. In the alternative, Commission
may cancel this Agreement. The Commission may require the Contractor 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.
Each insurance policy required by this Agreement
shall be endorsed to state that:
3.9.4 Deductibles and Self-Insurance Retentions. Any deductibles
or self-insured retentions must be declared to and approved by the Commission.
3.9.5 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.
3.9.6 Verification of Coverage. Contractor shall furnish
Commission with original certificates of insurance and endorsements effecting coverage
required by this 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.
3.10 Fees and Payment.
3.10.1 Compensation. Contractor shall receive compensation,
including authorized reimbursements, for all Services rendered under this Agreement at
the rates set forth in Exhibit "A" attached hereto. The total compensation shall not
exceed One Hundred Thousand Dollars ($100,000) without written approval of
Commission's Executive Director (“Total Compensation”).
3.10.2 Payment of Compensation. Contractor shall submit to
Commission a monthly statement which indicates the cases completed and respective
hours of Services rendered by Contractor. The statement shall include the number of
hours of Services provided since the initial commencement date, or since the start of
the subsequent billing periods, as appropriate, through the date of the statement.
Commission shall, within 45 days of receiving such statement, review the statement and
9
17336.02116\33195316.2 7
pay all approved charges thereon.
3.10.3 Reimbursement for Expenses. Contractor shall not be
reimbursed for any expenses unless authorized in writing by Commission.
3.11 Accounting Records. Contractor shall maintain complete and
accurate records with respect to all costs and expenses incurred and fees charged
under this Agreement. All such records shall be clearly identifiable. Contractor shall
allow a representative of Commission during normal business hours to examine, audit,
and make transcripts or copies of such records and any other documents created
pursuant to this Agreement. Contractor shall allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement for a period of three
(3) years from the date of final payment under this Agreement.
3.12 Termination of Agreement.
3.12.1 Grounds for Termination. Commission may, by written
notice to Contractor, terminate the whole or any part of this Agreement at any time and
without cause by giving written notice to Contractor of such termination, and specifying
the effective date thereof. Upon termination, Contractor shall be compensated only for
those services which have been fully and adequately rendered to Commission through
the effective date of the termination, and Contractor shall be entitled to no further
compensation. Contractor may not terminate this Agreement except for cause.
3.12.2 Effect of Termination. If this Agreement is terminated as
provided herein, Commission may require Contractor to provide all finished or
unfinished Documents and Data, as defined below, and other information of any kind
prepared by Contractor in connection with the performance of Services under this
Agreement. Contractor shall be required to provide such document and other
information within fifteen (15) days of the request.
3.12.3 Additional Services. In the event this Agreement is
terminated in whole or in part as provided herein, Commission may procure, upon such
terms and in such manner as it may determine appropriate, services similar to those
terminated.
3.13 Delivery of 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:
10
17336.02116\33195316.2 8
CONTRACTOR: COMMISSION:
David Cyprien Riverside County
2454 Paseo de Toronto Transportation Commission
Yorba Linda, CA 92887 4080 Lemon Street, 3rd Floor
Riverside, CA 92501
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.
3.14 Ownership of Materials/Confidentiality.
3.14.1 Documents & Data. This Agreement creates an exclusive
and perpetual license for Commission to copy or use any and all copyrights embodied in
materials, data and other documents or works of authorship fixed in any tangible
medium of expression, which are prepared or caused to be prepared by Contractor
under this Agreement (“Documents & Data”).
3.17.2 Intellectual Property. In addition, Commission shall have
and retain all right, title and interest (including copyright and other proprietary rights) in
all documents, and any and all works of authorship fixed in any tangible medium or
expression (“Intellectual Property”) prepared by Contractor under this Agreement.
3.15.3 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 Contractor
in connection with the performance of this Agreement shall be held confidential by
Contractor. Such materials shall not, without the prior written consent of Commission,
be used by Contractor 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.
Personally identifiable information of any person who subscribes to
an electronic toll system or who uses a toll bridge, toll lane, or toll highway that employs
an electronic toll collection system (“PII”) provided to Contractor for purposes of the
Services is subject to confidentiality requirements under Streets & Highways Code
section 31490 (“Section 31490”). Disclosure of PII is a violation of Section 31490
subject to damages. Contractor 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 Section 31490.
Nothing furnished to Contractor which is otherwise known to
Contractor or is generally known, or has become known, to the related industry shall be
11
17336.02116\33195316.2 9
deemed confidential. Contractor 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.
3.16 Cooperation; Further Acts. The Parties shall fully cooperate with
one another, and shall take any additional acts or sign any additional documents as
may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.17 Attorney's Fees. 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 attorney's fees and costs of such actions.
3.18 Indemnification. Contractor shall defend, indemnify and hold the
Commission, its directors, officials, officers, agents, Contractors, employees and
volunteers free and harmless from any and all claims, demands, causes of action,
costs, expenses, liabilities, losses, damages or injuries, in law or in equity, to property or
persons, including wrongful death, in any manner arising out of or incident to any
alleged negligent acts, omissions or willful misconduct of the Contractor, his employees,
agents or subcontractors arising out of or in connection with the performance of the
Services, the Project or this Agreement, including without limitation, the payment of all
consequential damages, attorneys fees and other related costs and expenses.
Contractor shall defend, at Contractor’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 the Commission, its directors, officials, officers, agents, Contractors,
employees and volunteers. Contractor shall pay and satisfy any judgment, award or
decree that may be rendered against the Commission or its directors, officials, officers,
agents, Contractors, employees and volunteers, in any such suit, action or other legal
proceeding. Contractor shall reimburse the Commission and its directors, officials,
officers, agents, Contractors, employees and 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. Contractor’s obligation to
indemnity shall not be restricted to insurance proceeds, if any, received by the
Commission or its directors, officials, officers, agents, Contractors, employees and
volunteers.
3.19 Entire Agreement. This Agreement contains the entire Agreement
of the parties with respect to the subject matter hereof, and supersedes all prior
negotiations, understandings or agreements. This Agreement may only be
supplemented, amended, or modified by a writing signed by both parties.
3.20 Governing Law. This Agreement shall be governed by the laws of
the State of California. Venue shall be in Riverside County.
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17336.02116\33195316.2 10
3.21 Time of Essence. Time is of the essence for each and every
provision of this Agreement.
3.22 Commission's Right to Employ Other Contractors. The
Commission reserves the right to employ other Contractors in connection with this
Project.
3.23 Prohibited Interests and Conflicts.
3.23.1 Solicitation. Contractor maintains and warrants that it has
not employed nor retained any company or person, other than a bona fide employee
working solely for Contractor, to solicit or secure this Agreement. Further, Contractor
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 Contractor, 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, Commission shall
have the right to rescind this Agreement without liability.
3.23.2 Conflict of Interest.
(A) For the term of this Agreement, no member, officer or
employee of Commission, during the term of his or her service with Commission, shall
have any direct interest in this Agreement, or obtain any present or anticipated material
benefit arising therefrom.
(B) Contractor represents and warrants that Contractor has no
financial interest in the I-15 Express Lanes.
3.23.3 Conflict of Employment. Employment by the Contractor 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 Contractor 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 Contractor securing
this or related Agreements with the Commission, is prohibited.
3.23.4 Employment Adverse to the Commission. Contractor 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.
3.24 Equal Opportunity Employment. Contractor represents that it is an
equal opportunity employer and it shall not discriminate against any 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
13
17336.02116\33195316.2 11
to initial employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination. Contractor shall also comply with all relevant provi-
sions of Commission's Disadvantaged Business Enterprise program, Affirmative Action
Plan or other related Commission programs or guidelines currently in effect or
hereinafter enacted.
3.25 Subcontracting. Contractor shall not subcontract any portion of the
work or Services required by this Agreement.
3.26 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.
3.27 Subpoenas or Court Orders. Should Contractor receive a
subpoena or court order related to this Agreement, the Services or the Project,
Contractor shall immediately provide written notice of the subpoena or court order to the
Commission. Contractor 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. Contractor shall be entitled
to reimbursement for Contractor’s actual costs incurred in responding to any such
subpoena or court order, provided that Contractor has complied with this provision, and
that an amendment to this Agreement has been executed, if required by Commission, to
authorize such additional costs.
3.28 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, and the obligations related
to receipt of subpoenas or court orders, shall survive any such expiration or termination.
3.29 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.30 Counterparts. This Agreement may be signed in counterparts,
each of which shall constitute an original.
3.31 Electronic Transmission; Electronic Signatures. A manually signed
copy of this Agreement which is transmitted by facsimile, email or other means of
electronic transmission shall be deemed to have the same legal effect as delivery of an
original executed copy of this Agreement for all purposes. This Agreement may be
signed using an electronic signature.
3.32 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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3.33 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.
3.34 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 Parties and the interpretation of the Parties’ understanding concerning
the performance of the Services.
3.35 Headings. Article and Section Headings, paragraph captions or
marginal headings contained in this Agreement are for convenience only and shall have
no effect in the construction or interpretation of any provision herein.
3.36 Assignment or Transfer. Contractor shall not assign, hypothecate,
or transfer, either directly or by operation of law, this Agreement or any interest herein.
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.
3.37 Authority to Enter Agreement. Contractor has all requisite power
and authority to conduct his business and to execute, deliver, and perform the
Agreement. Each Party warrants that the individuals who have signed this Agreement
have the legal power, right, and authority to make this Agreement and bind each
respective Party.
[SIGNATURES ON FOLLOWING PAGE]
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17336.02116\33195316.2 13
SIGNATURE PAGE
TO
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AGREEMENT FOR ADMINISTRATIVE REVIEW HEARING OFFICER SERVICES
IN WITNESS WHEREOF, this Agreement was executed on the date first
written above.
RIVERSIDE COUNTY CONTRACTOR
TRANSPORTATION COMMISSION DAVID CYPRIEN
By: _________________________ By: ____________________________
Anne Mayer
Executive Director
Approved as to Form:
By: ____________________________
Best Best & Krieger LLP
General Counsel
16
17336.02116\33195316.2 A-1
EXHIBIT "A"
SCOPE/COMPENSATION OF SERVICES
Contractor shall provide on-call administrative hearing services for the Commission for
Commission operated Express Lanes to achieve an independent decision for contested
violations. Hearings will be held in person, by video conference, or by mail/in writing.
Services may include but not be limited to:
• Application of the California Vehicle Code regarding toll evasion violations
notices.
• Adjudicate informal hearings in an ethical and professional manner.
• Conduct the review in accordance with the written procedure established by the
Commission which are intended to ensure fair and impartial review of contested
toll evasion violations.
• Ensure hearing procedures are adhered to in an ethical and professional
manner.
• Communicate clearly, concisely, and effectively, orally and in writing.
• Evaluate and analyze information and evidence provided and determine its
relevance in the hearing.
• Impartially consider information and evidence provided and determine facts.
• Provide a written decision within 72 hours of the scheduled hearing date detailing
the reasons for the decision based solely upon evidence and information
presented at the hearing.
• Provide video conference platform to conduct hearings.
Commission will provide a room at 301 Corporate Terrace, Corona, CA for in person
hearings. Contractor shall provide all other materials and equipment needed to conduct
the hearings by all methods. Hearings will be conducted during Commission’s regular
business hours and at a date and time mutually agreed upon by Contractor and
Commission.
Contractor shall work with Commission staff and/or its contractor to establish scheduling
procedures and method of delivery of case documents to Contractor.
Contractor will provide services only at the request of the Commission’s Toll
Department or by authorized contracted staff.
Contractor shall comply with all relevant conflict of interest disclosure requirements and
maintain the highest ethical standards both, publicly and privately, including the
avoidance of conflicts of interest.
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17336.02116\33195316.2 A-2
COMPENSATION
The Commission intends to electronically or physically deliver one or more cases per
month to Contractor. Each month’s delivery is referred to as a “batch of cases”,
regardless of the number of cases delivered per month.
Hourly rate of $100 per hour, with a minimum of $200 for each batch of cases delivered
to Contractor. There is no compensation when no cases are delivered to Contractor.
The minimum fee per batch of cases includes compensation for Contractor to be
available for at least one day per month to conduct hearings on a date agreed upon by
Contractor and the Commission. The batch of cases shall be delivered to Contractor at
least seven (7) calendar days prior to the scheduled hearing date.
18
BLANK
AGENDA ITEM 7
BLANK
Agenda Item 7
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: October 26, 2020
TO: Western Riverside County Programs and Projects Committee
FROM: Hector Casillas, Acting Right of Way Manager
THROUGH: Marlin Feenstra, Project Delivery Director
SUBJECT: Request to Declare Real Property as Surplus
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Declare as surplus the real properties in the cities of Riverside, Perris, Hemet, and San
Jacinto, as specifically identified in this report and attachments;
2) Authorize the Executive Director to notify public agencies pursuant to California
Government Code (Government Code) Section 54220 et.seq the properties are available;
3) Authorize the Executive Director to offer the surplus properties for sale to the public
should no response be received; and
4) Forward to the Commission for final action.
BACKGROUND INFORMATION:
Staff completed a review of the Commission’s real property inventory and determined it would
be in the Commission’s best interest to declare four parcels as surplus and offer them for sale.
The parcels proposed to be declared as surplus are owned in fee-simple by the Commission.
These parcels were acquired as part of the 60/91/215 interchange project and the San Jacinto
Branch Line purchase.
Process
After being declared surplus, staff will follow the Commission’s right of way policies and
procedures, state laws, and any applicable funding requirements to dispose of the properties.
Pursuant to the Government Code Section 54220, et.seq., letters will be prepared notifying the
appropriate public agencies and any other qualifying entities of the Commission’s decision to
declare the properties surplus, unless an exemption to the government code applies. If
interested, the public agency(s) shall notify the Commission in writing of its intent to purchase or
lease the land within 60 days after receipt of the Commission’s notification of intent to sell the
land. If no public agency expresses interest in the parcels, the parcels will then be offered for
sale to the public.
19
Agenda Item 7
In certain circumstances, when a parcel is identified as “exempt,” the 60-day notification
requirements do not apply, as defined by the Government Code.
Staff will obtain an appraisal for all the surplus properties to determine the current fair market
value. Typically, surplus property is advertised for sale, utilizing the Commission’s website, online
publications, and signage on the property. An invitation for bids will be added to the Available
Properties section of the Commission’s website, and a defined submittal date will be provided.
Staff will review the offers received based on the following criteria:
1) Price; and
2) Terms and conditions of sale.
All applicants will be required to complete the Commission’s Conflict of Interest form.
Staff will return to the Commission for approval before entering into a purchase and sale
agreement.
Properties
During the real property inventory exercise, staff identified a total of four parcels for declaration
of surplus located in the cities of Riverside, Perris, Hemet, and San Jacinto. Detailed property
descriptions and aerial exhibits are included in the agenda item.
The property in the city of Riverside is located near Orange Street and the 60/91/215 interchange
and is 18,065 square feet in size. In 2013 the Commission declared the majority of the 60/91/215
interchange project properties surplus with the exception of two areas, a 1.48-acre area and a
3.04-acre area bisected by a flood control channel, for a future connector between SR-60 and
SR-91 in the city of Riverside as identified in a project study report from the late 1990’s.
Currently, the Commission and Caltrans do not have plans to construct the connector. After
careful consideration and interest from the contiguous property owner, Mr. Jim Guthrie, to
develop a 18,065 square foot portion from the larger 3.04-acre parcel, staff is recommending a
18,065 square foot portion be declared surplus. Doing so would reduce the parcel to
approximately 2.63 acres in size and will allow the Commission to reserve enough right of way in
the event there is a need for the connector in the distant future.
The property in the city of Perris is located near D Street and San Jacinto Ave and is 43,671 square
feet in land area. The property is improved with the Perris Senior Center and Banta Beatty Park,
owned by the city. Commission staff has been in negotiations with the city to transfer the
property to the city. Therefore this qualifies as an exempt surplus parcel under the government
code since the transfer of the property is to another public entity, the city of Perris. The
exemption also allows the Commission to waive the 60-day notice requirement to public
agencies.
20
Agenda Item 7
The remaining two properties are part of a former railroad “wye” in the cities of Hemet and San
Jacinto. Both properties are located near S. State Street and W. Esplanade Ave. The first is in the
city of Hemet and is 18,947 square feet in size. The second is in the city of San Jacinto and is
20,615 square feet in size.
The four parcels are no longer necessary by the Commission. Staff requests the Commission
declare the parcels in the following table as surplus property and authorize the Executive Director
to offer the surplus property for sale. The proceeds from the sales of these properties have not
been included in the FY 2020/2021 budget; a budget adjustment is not required for potential
revenues.
Information regarding the surplus property is detailed in the following table:
Parcel Location APN Square
Feet
Acres Zoning
1 60/91/215 I/C
City of Riverside
209-070-016 18,065 0.41 Commercial
2 N/O San Jacinto
Avenue
City of Perris
N/A: Please See
Legal and Plat
(Portion)
43,671 1.00 Residential
3 W/O State Street
City of Hemet
439-022-018
18,947 0.43 Commercial
4 E/O State Street
City of San
Jacinto
439-070-065
(Portion)
20,615 0.47 Commercial
Total 101,298 2.31
Financial Information
In Fiscal Year Budget: No Year: FY 2020/2021 Amount: Undetermined
Source of Funds: Property sale proceeds Budget Adjustment: No
GL/Project Accounting No.: 652402 416 41608 0000 265 33 41204 (Rail properties)
003999 416 41608 0000 222 31 41204 (Highway properties)
Fiscal Procedures Approved: Date: 10/15/2020
Attachments:
1) Legal Description and Plat Maps
2) Aerial Exhibits
21
BLANK
EXHIBIT “A”
LEGAL DESCRIPTION
IN THE CITY OF RIVERSIDE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA:
THOSE PORTIONS OF LOTS 51 AND 52 OF THE LANDS OF THE SOUTHERN CALIFORNIA COLONY
ASSOCIATION, AS SHOWN BY MAP FILED IN BOOK 7, PAGE 3 OF MAPS, RECORDS OF SAN BERNARDINO
COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTHEASTERLY LINE OF ORANGE STREET, SAID LINE
BEING PARALLEL WITH AND 35.00 FEET SOUTHEASTERLY OF THE CENTERLINE OF SAID STREET PER MAP
FILED IN BOOK 83, PAGES 94 THROUGH 97, INCLUSIVE OF RECORDS OF SURVEY, RECORDS OF
RIVERSIDE COUNTY, AND THE NORTHEASTERLY LINE OF STATE ROUTE 60 AS SHOWN ON SAID RECORD
OF SURVEY, THE INTERSECTION POINT BEING DESCRIBED AS THE MOST WESTERLY CORNER OF VISTA
STREET PER CITY OF RIVERSIDE RESOLUTION NO. 17672, RECORDED FEBRUARY 23, 1995 AS
INSTRUMENT NO. 056345 OF OFFICIAL RECORDS;
THENCE SOUTH 74°16'27" EAST, ALONG SAID NORTHEASTERLY LINE, A DISTANCE OF 79.14 FEET TO AN
ANGLE POINT THEREIN;
THENCE CONTINUING ALONG SAID NORTHEASTERLY LINE, SOUTH 55°38'39" EAST, A DISTANCE OF
512.58 FEET TO AN ANGLE POINT THEREIN;
THENCE CONTINUING ALONG SAID NORTHEASTERLY LINE, SOUTH 64°43'40" EAST, A DISTANCE OF
132.08 FEET TO A “1 INCH IRON PIPE WITH TAG, RCE 21740” PER SAID RECORD OF SURVEY;
THENCE NORTH 77°07'08" EAST, ON A DIRECT LINE BETWEEN SAID 1 INCH IRON PIPE AND THE MOST
WESTERLY CORNER OF PARCEL 17754-01-01 PER RIGHT OF WAY MAP NO. 67308-02 ON FILE AT THE
CALIFORNIA DEPARTMENT OF TRANSPORTATION, DISTRICT 8 OFFICE, A DISTANCE OF 722.82 FEET;
THENCE SOUTH 32°33'52" EAST, A DISTANCE OF 11.67 FEET TO THE NORTHWESTERLY PROLONGATION
OF THE SOUTHWESTERLY LINE OF CHARLES STREET (VACATED) DESCRIBED IN DOCUMENT RECORDED
OCTOBER 3, 1929 IN BOOK 827, PAGE 564 OF DEEDS, RECORDS OF RIVERSIDE COUNTY, AND THE TRUE
POINT OF BEGINNING;
THENCE CONTINUING SOUTH 32°33'52" EAST, A DISTANCE OF 67.81 FEET TO THE BEGINNING OF A
CURVE CONCAVE NORTHEASTERLY, SAID CURVE HAS A RADIUS OF 221.50 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27°38'48", AN ARC
LENGTH OF 106.88 FEET;
PAGE 1 of 2
Parcel 1: City of Riverside
ATTACHMENT 1
22
PAGE 2 of 2
THENCE TANGENT TO LAST SAID CURVE, SOUTH 60°12'40" EAST, 96.85 FEET TO THE BEGINNING OF A
CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 375.00 FEET;
THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28°52'41", AN ARC LENGTH OF
189.01 FEET;
THENCE NON-TANGENT TO LAST SAID CURVE, SOUTH 3°56'26" WEST, 4.95 FEET TO THE MOST
WESTERLY CORNER OF THAT CERTAIN PARCEL OF LAND SHOWN AS SEGMENT “D” PER MAP OF
RELINQUISHMENT FILED IN BOOK 3, PAGE 5 OF STATE HIGHWAY MAPS, RECORDS OF RIVERSIDE
COUNTY;
THENCE NORTH 29°51’10” EAST ALONG THE NORTHWESTERLY LINE OF SAID SEGMENT “D”, A DISTANCE
OF 8.00 FEET TO THE SOUTHWESTERLY LINE OF THAT CERTAIN 7.00 FOOT WIDE STRIP DESCRIBED IN
DOCUMENT RECORDED OCTOBER 4, 1963 AS INSTRUMENT NO. 105188, IN BOOK 3503, PAGE 148 OF
OFFICIAL RECORDS;
THENCE NORTH 60°15’55” WEST ALONG SAID SOUTHWESTERLY LINE, A DISTANCE OF 145.84 FEET TO
AN ANGLE POINT THEREIN;
THENCE NORTH 29°43’35” EAST ALONG THE NORTHWESTERLY LINE THEREOF, A DISTANCE OF 7.00 FEET
TO SAID SOUTHWESTERLY LINE OF CHARLES STREET;
THENCE NORTH 60°15’55” WEST ALONG SAID SOUTHWESTERLY LINE AND THE NORTHWESTERLY
PROLONGATION THEREOF, A DISTANCE OF 297.12 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 18,065 SQUARE FEET, MORE OR LESS.
PREPARED BY ME OR UNDER MY DIRECTION
MITCHELL JAY ADKISON, PLS 8936
23
LOT 51
RS 83/94-97
RS 83 / 94-97
LOT 53
LOT 61
LOT 52
LOT 62
LOT 63
RS 83 / 94-97
RS 83 / 94-97
SO. CALIFORNIA
COLONY ASSOC.
MB 7 / 3 S.B.CO.
24
LOT 52LOT 51SO. CALIFORNIACOLONY ASSOC.MB 7 / 3 S.B.CO.RS 83 / 94-97
LOT 51SO. CALIFORNIACOLONY ASSOC.MB 7 / 3 S.B.CO.LOT 52
SO. CALIFORNIA
COLONY ASSOC.
MB 7 / 3 S.B.CO.
RS 83 / 94-97
25
Parcel 2: City of Perris
26
27
28
29
Parcel 3:City of Hemet
30
31
32
Parcel 4:City of San Jacinto
33
34
35
1
This map was created using the best data available at the time
of production. Epic LandSolutions Inc. assumes no responsibility
for the accuracy of third party information.This map is intended
for data visualization only andshould not serve as the basis for
any legal action or be used for engineering purposes.
Epic Land Solutions, Inc.
RCTC Excess Land Map Map Version 3 Date: 10/12/2020 Document Path: D:\OneDrive - Epic Land Solutions Inc\GIS\Projects\RCTC\Excess Land Sales\Mapping\RCTC_ExcessLand.mxd²RCTC Property
Excess Land
0 80 160 240 32040
Feet
Page 1 of 3
ATTACHMENT 2
36
2
This map was created using the best data available at the time
of production. Epic LandSolutions Inc. assumes no responsibility
for the accuracy of third party information.This map is intended
for data visualization only andshould not serve as the basis for
any legal action or be used for engineering purposes.
Epic Land Solutions, Inc.
RCTC Excess Land Map Map Version 3 Date: 10/12/2020 Document Path: D:\OneDrive - Epic Land Solutions Inc\GIS\Projects\RCTC\Excess Land Sales\Mapping\RCTC_ExcessLand.mxd²RCTC Property
Excess Land
0 50 100 150 20025
Feet
Page 2 of 3
37
4
3
This map was created using the best data available at the time
of production. Epic LandSolutions Inc. assumes no responsibility
for the accuracy of third party information.This map is intended
for data visualization only andshould not serve as the basis for
any legal action or be used for engineering purposes.
Epic Land Solutions, Inc.
RCTC Excess Land Map Map Version 3 Date: 10/12/2020 Document Path: D:\OneDrive - Epic Land Solutions Inc\GIS\Projects\RCTC\Excess Land Sales\Mapping\RCTC_ExcessLand.mxd²RCTC Property
Excess Land
0 100 200 300 40050
Feet
Page 3 of 3
38
REQUEST TO DECLARE REAL PROPERTY AS SURPLUS
Hector Casillas, Acting Right of Way Manager
1
Properties
Cities of
•Riverside
•Perris
•Hemet
•San Jacinto
2
Property 1-Riverside
3
•Located near the NWC of
the 60/91/215 I/C
•18,065 square feet
Property 2-Perris
4
•Located near D St and
San Jacinto Ave
•43,671 square feet
Property 3 & 4-
Hemet & San Jacinto
5
•Located near State St and
Esplanade Ave
•Parcel 3 in Hemet is
18,947 square feet
•Parcel 4 in San Jacinto is
20,615 square feet
QUESTIONS
6
AGENDA ITEM 8
Agenda Item 8
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: October 26, 2020
TO: Western Riverside County Programs and Projects Committee
FROM: Michelle McCamish, Senior Management Analyst
Brian Cunanan, Commuter and Motorist Assistance Manager
THROUGH: Aaron Hake, External Affairs Director
SUBJECT:
Agreements with the California Department of Transportation for State
Funding and Senate Bill 1 Funding for the Operation of the Freeway Service
Patrol Program in Riverside County
STAFF RECOMMENDATION:
This item is for the Commission to:
1) Approve Agreement No. 21-45-017-00 with the California Department of Transportation
(Caltrans) to provide state funding for FY 2020/21 for the operation of the Riverside
County Freeway Service Patrol (FSP) program in an amount not to exceed $1,696,153;
2) Approve Agreement No. 21-45-016-00 with Caltrans to provide Senate Bill (SB) 1 funding
for FY 2020/21 for the operation of the Riverside County FSP program in an amount not
to exceed $1,412,787;
3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to finalize and
execute the agreements on behalf of the Commission;
4) Adopt Resolution No. 20-015, “A Resolution of the Riverside County Transportation
Commission Authorizing Certain Officials to Execute Agreements with Caltrans for
Freeway Service Patrol Program Funding ”; and
5) Forward to the Commission for action.
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. Funding for RC SAFE is derived from a one dollar per vehicle registration
fee on vehicles registered in Riverside County. Initially, these funds were used only for the call
box program. As additional motorist aid services were developed, SAFE funds were also used to
provide FSP and the Inland Empire 511 traveler information services as part of a comprehensive
motorist aid system in Riverside County.
In 1990, Proposition C was passed to fund transportation improvements and to help reduce
traffic congestion in California. From this, the FSP program was created by Caltrans, which
developed the corresponding local funding allocation plan to distribute funds to participating
39
Agenda Item 8
jurisdictions through a formula based on population, urban freeway lane miles, and levels of
congestion.
The Commission, acting in its capacity as the RC SAFE, is the principal agency in Riverside County,
in partnership with Caltrans and the California Highway Patrol (CHP), managing the FSP program.
The purpose of the FSP program is to provide a continuously roving tow services patrol along
designated freeway segments (referred to as beats) to relieve freeway congestion and facilitate
the rapid removal of disabled vehicles and those involved in minor accidents on local freeways.
In April 2017, the California Legislature passed and Governor signed SB 1 which included
additional funding for FSP. In March 2018, Caltrans released the SB 1 FSP funding guidelines
which allocated $25 million for FSP statewide to participating jurisdictions based on the existing
formula, resulting in $1,390,286 for Riverside County for FY 2018/19 and $1,464,524 for
FY 2019/20. Per the guidelines, this allocation is to be applied to:
a) CHP costs for FSP oversight and supervision,
b) inflation and hour adjustments to baseline service, and
c) new or expanded FSP service.
The Commission’s FSP program is a popular service amongst motorists in Riverside County and
has consistently demonstrated a very high benefit to cost score statewide. Currently, the
Commission contracts with three tow truck operators to provide service during peak commute
hours across 165 centerline miles on 12 beats.
DISCUSSION:
State Allocation for Baseline Service
The Caltrans funding agreement for FY 2020/21 in the amount of $1,696,153 provides for
continued state funding of the baseline FSP program, which includes nine beats (1, 2, 4, 7, 8, 18,
19, 25, and 26) as shown in Figure 1. Caltrans funding agreements are reimbursement-based and
allow for carryover of contract balances not expended in the agreement’s stated fiscal year. This
allows the Commission to fully expend allocated amounts.
40
Agenda Item 8
Figure 1: Baseline Freeway Service Patrol Beats Map
SB 1 Funding for Expanded Service
The previous allocations of SB 1 FSP funds expanded and continued coverage into southern
Riverside County. The projected benefit cost for this expansion scored above the minimum
benefit cost threshold (3.0). In September 2018, the Commission launched three new beats (20,
34, and 35) as shown in Figure 2—expanding FSP as far south as the I-15/SR-79 South interchange
and benefitting commuters traveling from and through Lake Elsinore, Wildomar, Menifee,
Murrieta, and Temecula.
The SB1 allocation for FY 2020/21 in the amount of $1,412,787 provides funding to continue the
new service in southern Riverside County, midday and weekend service on SR-91, as well as
supplement inflation costs in the baseline service.
Figure 2: South County Beats Map
41
Agenda Item 8
Since inception in September 2018 through June 2020, the three new south county beats
provided 21,495 assists. In FY 2019/2020, these new beats provided 13,602 assists (Figure 3). As
such, the south county beats make up about 28 percent of total FSP assists in the whole county
(Figure 4). Since inception, the south county beats have scored an average estimated benefit
cost of twice the minimum threshold.
Figure 3: Total South County Assists
In FY 2019/20, total assists for all 12 beats through June 30, 2020 were 49,051, up from 44,607
in FY 2018/19 (Figure 4).
Figure 4: Total All Beats Assists
42
Agenda Item 8
Future year funding for baseline and SB 1 service will be calculated by a state-defined formula
each fiscal year and will be available for reimbursement to the Commission for up to three fiscal
years. Funding amounts are predictable and stable. Actual anticipated baseline and SB1 funding
for future years will be presented to the Commission annually as part of the annual budget
approval process. A history of funding for FSP from FY 2009/10 through FY 2020/21 is shown in
Attachment 1. The Commission will fund the required local match for both allocations with RC
SAFE revenues. As with prior funding agreements, any state or SB1 funds not claimed in the
current fiscal year will be carried over and claimed in the next fiscal year.
Executive Director Authority
To access the state funding outlined above, Caltrans requires routine administrative agreements
between the Commission and Caltrans each fiscal year. Staff has traditionally brought such
agreements to the Commission for approval every year; however, staff recommends that the
Commission adopt Resolution No. 20-015 authorizing the Executive Director to negotiate and
execute Caltrans funding agreements for FSP each year. This delegation of authority will expedite
and streamline execution of Caltrans agreements and the Commission’s receipt of state
reimbursement funds. This will also reduce administrative costs and time for the Commission on
an annual basis. The Commission will retain authority for approval of FSP contracts with tow
operators and budgeting of funds for FSP during the annual budget process. The Board of
Directors of the Orange County Transportation Authority (OCTA) has recently delegated authority
to its Chief Executive Officer to execute FSP funding agreements with Caltrans.
Financial Information
In Fiscal Year Budget: Yes
N/A Year: FY 2020/21
FY 2021/22 Amount: $ 3,000,000
$ 108,940
Source of Funds: State allocations and SB 1 funding Budget Adjustment: No
N/A
GL/Project Accounting No.: 002173 415 41510 201 45 41501
002173 415 41508 201 45 41505
Fiscal Procedures Approved: Date: 10/12/2020
Attachments:
1) Caltrans Freeway Service Patrol Funding FY 2009/10 to FY 2020/21
2) Caltrans FSP Fund Transfer Agreement FY 2020/21
3) Caltrans SB 1 FSP Fund Transfer Agreement FY 2020/21
4) Resolution No. 20-015
43
California Department of Transportation Freeway Service Patrol Funding
Fiscal Year 2009/10 to Fiscal Year 2020‐21
Caltrans Allocation*
Fiscal
Year (FY) State Funding
Senate Bill 1
(SB1)
Funding
Total
Caltrans
Funding
Match
Requirement
Actual Freeway
Service Patrol
Cost
Actual RCTC
Match
RCTC
Match %
2009/10 $1,657,171 $1,657,171 $414,293 $2,379,426 $722,255 44%
2010/11 $1,577,721 $1,577,721 $394,431 $2,519,696 $941,975 60%
2011/12 $1,653,564 $1,653,564 $413,392 $2,574,245 $920,681 56%
2012/13 $1,606,567 $1,606,567 $401,642 $2,621,807 $1,015,240 63%
2013/14 $1,557,104 $1,557,104 $389,276 $2,789,495 $1,232,391 79%
2014/15 $1,635,846 $1,635,846 $408,962 $3,421,935 $1,786,089 109%
2015/16 $1,559,523 $1,559,523 $399,881 $3,614,873 $2,055,350 132%
2016/17 $1,648,178 $1,648,178 $412,045 $3,533,167 $1,884,989 114%
2017/18 $1,613,144 $1,656,973 $3,270,117 $756,853 $3,241,816 -$28,301 -1% **
2018/19 $1,591,464 $1,390,287 $2,981,751 $745,439 $3,924,046 $942,295 32%
2019/20 $1,702,145 $1,464,524 $3,166,669 $791,667 $4,208,360 $1,041,691 33%
2020/21 $1,696,153 $1,412,787 $3,108,940 $777,235 TBD TBD TBD
*Caltrans and SB1 funds are available for use over three Fiscal Years. Actual allocation amounts are determined by formula each year.
** 17/18 SB1 funding agreement wasn't executed until the following fiscal year on 9/2018
ATTACHMENT 1 FSP Caltrans Fund Transfer Agreements History
ATTACHMENT 1
44
FSP AgreementPage 1 of 6
Agreement No. FSP21-6054(100)Location: 08-RIV-0-RCTC
Project No. FSP21-6054(100)AMS Adv ID:0821000003
THIS AGREEMENT, effective on July 1, 2020, is between the State of California, acting by and
through the Department of Transportation, hereinafter referred to as STATE, and the Riverside
County Transportation Commission, a public agency, hereinafter referred to as "ADMINISTERING
AGENCY".
WHEREAS, Streets and Highways Code (S&HC) Section 2560 et seq., authorizes STATE and
administering agencies to develop and implement a Freeway Service Patrol (FSP) program on
traffic-congested urban freeways throughout the state; and
WHEREAS, STATE has distributed available State Highway Account funds to administering
agencies participating in the FSP Program in accordance with S&HC Section 2562; and
WHEREAS, ADMINISTERING AGENCY has applied to STATE and has been selected to receive
funds from the FSP Program for the purpose of Freeway Service Patrol, hereinafter referred to as
"PROJECT"; and
WHEREAS, proposed PROJECT funding is as follows:
Total Cost State Funds Local Funds
$2,120,191.00 $1,696,153.00 $424,038.00 ; and
WHEREAS, STATE is required to enter into an agreement with ADMINISTERING AGENCY to
delineate the respective responsibilities of the parties relative to prosecution of said PROJECT;
and
WHEREAS, STATE and ADMINISTERING AGENCY mutually desire to cooperate and jointly
participate in the FSP program and desire to specify herein the terms and conditions under which
the FSP program is to be conducted; and
WHEREAS, ADMINISTERING AGENCY has approved entering into this Agreement under
authority of Resolution No. approved by ADMINISTERING AGENCY on
________________, a copy of which is attached.
FREEWAY SERVICE PATROL PROGRAM
FUND TRANSFER AGREEMENT (Non Federal)
____________________________________________________________________________________________
For Caltrans Use Only
____________________________________________________________________________________________
I hereby Certify upon my own personal knowledge that budgeted funds are available for this encumbrance
____________________________________________________________________________________________
Accounting Officer | Date |
____________________________________________________________________________________________
1$ },t,qti,, 1�3.0O J�rnin� fJos 7/?-"!/io'),o
ATTACHMENT 2
45
FSP AgreementPage 2 of 6
NOW, THEREFORE, the parties agree as follows:
SECTION I
STATE AGREES:
1. To define or specify, in cooperation with ADMINISTERING AGENCY, the limits of the State
Highway segments to be served by the FSP as well as the nature and amount of the FSP
dedicated equipment, if any that is to be funded under the FSP program.
2. To pay ADMINISTERING AGENCY the STATE's share, an amount not to exceed
$1,696,153.00, of eligible participating PROJECT costs.
3. To make reimbursements to ADMINISTERING AGENCY, as promptly as state fiscal
procedures will permit, but not more often than monthly in arrears, upon receipt of an original and
two signed copies of invoices in the proper form covering actual allowable costs incurred for the
prior sequential month's period of the Progress Payment Invoice.
4. When conducting an audit of the costs claimed by ADMINISTERING AGENCY under the
provisions of this Agreement, STATE will rely to the maximum extent possible on any prior audit of
ADMINISTERING AGENCY performed pursuant to the provisions of state and federal laws. In the
absence of such an audit, work of other auditors will be relied upon to the extent that work is
acceptable to STATE when planning and conducting additional audits.
SECTION II
ADMINISTERING AGENCY AGREES:
1. To commit and contribute matching funds from ADMINISTERING AGENCY resources, which
shall be an amount not less than 25% of the amount provided by STATE from the State Highway
Account.
2. The ADMINISTERING AGENCY's detailed PROJECT Cost Proposal is attached hereto and
made an express part of this Agreement. The detailed PROJECT Cost Proposal reflects the
provisions and/or regulations of Section III, Article 8, of this agreement.
3. To use all state funds paid hereunder only for those transportation-related PROJECT purposes
that conform to Article XIX of the California State Constitution.
46
FSP AgreementPage 3 of 6
4. STATE funds provided to ADMINISTERING AGENCY or sub-recipient(s) under this Agreement
shall not be used for administrative purposes by ADMINISTERING AGENCY or sub-recipient(s).
Said administrative costs may be credited toward ADMINISTERING AGENCY's or sub-recipient's
PROJECT matching funds provided claimed administrative costs are specified on
ADMINISTERING AGENCY's invoice submittal. If said administrative costs are "indirect", as
defined in 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit
Requirement for Federal Awards, the costs must be allocated in accordance with an Indirect Cost
Allocation Plan (ICAP), submitted, reviewed, and approved in accordance with Caltrans Audits
and Investigations requirements which may be accessed at: www.dot.ca.gov/hq/audits/.
5. To develop, in cooperation with STATE, advertise, award, and administer PROJECT contract(s)
in accordance with ADMINISTERING AGENCY competitive procurement procedures, in
compliance with Public Contract Code (PCC) 10335-10381 (non-A&E services), and other
applicable STATE and FEDERAL regulations.
6. Upon award of contract for PROJECT, to prepare and submit to STATE an original and two
signed copies of progress invoicing for STATE's share of actual expenditures for allowable
PROJECT costs.
7. Said invoicing shall evidence the expenditure of ADMINISTERING AGENCY's PROJECT
participation in paying not less than 20% of all allowable PROJECT costs and shall contain the
information described in Chapter 5 of the Local Assistance Procedures Manual (LAPM). Invoicing
shall demonstrate ADMINISTERING AGENCY'S PROJECT participation by showing a matched
expenditure of funds of at least 25% of the amount provided by the STATE. ADMINISTERING
AGENCY invoices shall be submitted to:
State of California
Department of Transportation
Division of Traffic Operations, MS 36
Office of System Management Operations
1120 "N" Street
Sacramento, CA 95814
8. Within 60 days after completion of PROJECT work to be reimbursed under this Agreement, to
prepare a final invoice reporting all actual eligible costs expended, including all costs paid by
ADMINISTERING AGENCY and submit that signed invoice, along with any refund due STATE, to
the address referenced above under Section II, Article 7. Backup information submitted with said
final invoice shall include all FSP operational contract invoices paid by ADMINISTERING
AGENCY to contracted operators included in expenditures billed to STATE under this Agreement.
9. COST PRINCIPLES
A) ADMINISTERING AGENCY agrees to comply with, and require all sub-recipients and project
sponsors to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles
and Audit Requirement for Federal Awards, and all applicable Federal and State laws and
regulations.
47
FSP AgreementPage 4 of 6
B) ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will
be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition
Regulations System, Chapter 1, Part 31, et seq., and all applicable Federal and State laws and
regulations, shall be used to determine the allowability of individual PROJECT cost items.
C) Any Fund expenditures for costs for which ADMINISTERING AGENCY has received payment
or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, or 48
CFR, Chapter 1, Part 3, are subject to repayment by ADMINISTERING AGENCY to STATE.
Should ADMINISTERING AGENCY fail to reimburse Fund moneys due STATE within 30 days of
demand, or within such other period as may be agreed in writing between the Parties hereto,
STATE is authorized to intercept and withhold future payments due ADMINISTERING AGENCY
from STATE or any third-party source, including, but not limited to, the State Treasurer, the State
Controller, and the California Transportation Commission.
10. THIRD PARTY CONTRACTING
A) ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000, construction
contract over $10,000, or other contracts over $25,000 (excluding professional service contracts of
the type which are required to be procured in accordance with Government Code sections 4525
(d), (e), and (f)) on the basis of a noncompetitive negotiation for work to be performed under this
AGREEMENT without the prior written approval of STATE.
B) Any subcontract or agreement entered into by ADMINISTERING AGENCY as a result of
disbursing Funds received pursuant to this Agreement shall contain all of the fiscal provisions
(Section II, Paragraphs 4, 9, 11, 12, & 13) of this Agreement, and shall mandate that travel and
per diem reimbursements and third-party contract reimbursements to subcontractors will be
allowable as project costs only after those costs are incurred and paid for by the subcontractors.
C) In addition to the above, the preaward requirements of third party contractor/consultants with
ADMINISTERING AGENCY should be consistent with Local Program Procedures as published by
STATE.
11. ACCOUNTING SYSTEM
ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain an
accounting system and records that properly accumulate and segregate Fund expenditures by line
item for the PROJECT. The accounting system of ADMINISTERING AGENCY, its contractors,
and all 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.
48
FSP AgreementPage 5 of 6
12. RIGHT TO AUDIT
For the purpose of determining compliance with this Agreement and other matters connected with
the performance of ADMINISTERING AGENCY's contracts with third parties, ADMINISTERING
AGENCY, ADMINISTERING AGENCY'S contractors, and subcontractors, and STATE shall each
maintain and make available for inspection all books, documents, papers, accounting records, and
other evidence pertaining to the performance of such contracts, including, but not limited to the
costs of administering those various contracts. All of the above referenced parties shall make such
materials available at their respective offices at all reasonable times for three years from the date
of final payment of Funds to ADMINISTERING AGENCY. STATE, the California State Auditor, or
any duly authorized representative of STATE or the United States Department of Transportation
shall each have access to any books, records, and documents that are pertinent for audits,
examinations, excerpts, and transactions, and ADMINISTERING AGENCY shall furnish copies
thereof if requested.
13. TRAVEL AND SUBSISTENCE
Payments to ADMINISTERING AGENCY for travel and subsistence expenses of
ADMINISTERING AGENCY forces and its subcontractors 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. If the rates
invoiced are in excess of those authorized DPA rates, then ADMINISTERING AGENCY is
responsible for the cost difference and any overpayments shall be reimbursed to STATE on
demand.
SECTION III
IT IS MUTUALLY AGREED:
1. All obligations of STATE under the terms of this Agreement are subject to the appropriation of
resources by the Legislature and the encumbrance of funds under this Agreement. Funding and
reimbursement is available only upon the passage of the State Budget Act containing these
STATE funds. The starting date of eligible reimbursable activities shall be JULY 1, 2020.
2. All obligations of ADMINISTERING AGENCY under the terms of this Agreement are subject to
authorization and allocation of resources by ADMINISTERING AGENCY.
3. ADMINISTERING AGENCY and STATE shall jointly define the initial FSP program as well as
the appropriate level of FSP funding recommendations and scope of service and equipment
required to provide and manage the FSP program. No changes shall be made in these unless
mutually agreed to in writing by the parties to this Agreement.
4. Nothing in the provisions of this Agreement is intended to create duties or obligations to or
rights in third parties not parties to this Agreement or affect the legal liability of either party to this
Agreement by imposing any standard of care with respect to the maintenance of State highways
different from the standard of care imposed by law.
5. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or
liability occurring or arising by reason of anything done or omitted to be done by ADMINISTERING
49
FSP AgreementPage 6 of 6
AGENCY under or in connection with any work, authority, or jurisdiction delegated to
ADMINISTERING AGENCY under this Agreement. It is understood and agreed that, pursuant to
Government Code Section 895.4, ADMINISTERING AGENCY shall fully defend, indemnify, and
save harmless the State of California, its officers, and employees from all claims, suits, or actions
of every name, kind, and description brought for or on account of injury (as defined in Government
Code Section 810.8) occurring by reason of anything done or omitted to be done by
ADMINISTERING AGENCY under or in connection with any work, authority, or jurisdiction
delegated to ADMINISTERING AGENCY under this Agreement.
6. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any
injury, damage, or liability occurring or arising by reason of anything done or omitted to be done by
STATE under or in connection with any work, authority, or jurisdiction delegated to STATE under
this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4,
STATE shall fully defend, indemnify, and save harmless ADMINISTERING AGENCY, its officers,
and employees from all claims, suits or actions of every name, kind, and description brought for or
on account of injury (as defined in Government Code Section 810.8) occurring by reason of
anything done or omitted to be done by STATE under or in connection with any work, authority, or
jurisdiction delegated to STATE under this Agreement.
7. ADMINISTERING AGENCY will maintain an inventory of all non-expendable PROJECT
equipment, defined as having a useful life of at least two years and an acquisition cost of $500 or
more, paid for with PROJECT funds. ADMINISTERING AGENCY shall define in PROJECT
contract who shall take ownership of all equipment at the conclusion of the Project.
8. In the event that ADMINISTERING AGENCY fails to operate the PROJECT commenced and
reimbursed under this Agreement in accordance with the terms of this Agreement or fails to
comply with applicable Federal and State laws and regulations, STATE reserves the right to
terminate funding for PROJECT, or portions thereof, upon written notice to ADMINISTERING
AGENCY.
9. This Agreement shall terminate on June 30, 2023. However, the non-expendable equipment
and liability clauses shall remain in effect until terminated or modified in writing by mutual
agreement.
STATE OF CALIFORNIA
Riverside County Transportation Commission
Department of Transportation
By: __________________________ By: ______________________________
Office of Project Implementation Title: ______________________________
Division of Local Assistance
DATE: _________________________ DATE: _____________________________
50
ATTACHMENT 3
51
NOW, THEREFORE, the parties agree as follows:
SECTION I
STATE AGREES:
1. To define or specify, in cooperation with ADMINISTERING AGENCY, the limits of the State Highway
segments to be served by the FSP as well as the nature and amount of the FSP dedicated equipment, if
any that is to be funded under the FSP program.
2. To pay ADMINISTERING AGENCY the STATE's share, an amount not to exceed $1,412,787.00, of
eligible participating PROJECT costs. This amount is comprised of $814,010.00 for Inflation and Hour
Adjustment to Baseline and $598,777.00 for New or Expanded Service.
3. To make reimbursements to ADMINISTERING AGENCY, as promptly as state fiscal procedures will
permit, but not more often than monthly in arrears, upon receipt of an original and two signed copies of
invoices in the proper form covering actual allowable costs incurred for the prior sequential month's
period of the Progress Payment Invoice.
4. When conducting an audit of the costs claimed by ADMINISTERING AGENCY under the provisions of
this Agreement, STATE will rely to the maximum extent possible on any prior audit of ADMINISTERING
AGENCY performed pursuant to the provisions of state and federal laws. In the absence of such an
audit, work of other auditors will be relied upon to the extent that work is acceptable to STATE when
planning and conducting additional audits.
SECTION II
ADMINISTERING AGENCY AGREES:
1. A. To commit and contribute matching funds from ADMINISTERING AGENCY resources, which shall be
an amount not less than 25% of the amount provided by STATE from the State Highway Account.
1. B. To maintain existing service hours and expand new service all as defined in the 2018 FSP SB 1
Funding Guidelines for SB 1 funds.
2. The ADMINISTERING AGENCY's detailed PROJECT Cost Proposal is attached hereto and made an
express part of this Agreement. The detailed PROJECT Cost Proposal reflects the provisions and/or
regulations of Section III, Article 8, of this agreement.
3. To use all state funds paid hereunder only for those transportation-related PROJECT purposes that
conform to Article XIX of the California State Constitution.
4. STATE funds provided to ADMINISTERING AGENCY or sub-recipient(s) under this Agreement shall not
be used for administrative purposes by ADMINISTERING AGENCY or sub-recipient(s). Said administrative
costs may be credited toward ADMINISTERING AGENCY's or sub-recipient's PROJECT matching funds
provided claimed administrative costs are specified on ADMINISTERING AGENCY's invoice submittal. If
said administrative costs are "indirect", as defined in 2 CFR, Part 200, Uniform Administrative
Requirements, Cost Principles and Audit Requirement for Federal Awards, the costs must be allocated in
accordance with an Indirect Cost Allocation Plan (ICAP), submitted, reviewed, and approved in
accordance with Caltrans Audits and Investigations requirements which may be ac cessed at:
52
www.dot.ca.gov/hq/audits/.
5. To develop, in cooperation with STATE, advertise, award, and administer PROJECT contract(s) in
accordance with ADMINISTERING AGENCY competitive procurement procedures, in compliance with
Public Contract Code (PCC) 10335-10381 (non-A&E services), and other applicable STATE and FEDERAL
regulations.
6. Upon award of contract for PROJECT, to prepare and submit to STATE an original and two signed
copies of progress invoicing for STATE's share of actual expenditures for allowable PROJECT costs.
7. Said invoicing shall evidence the expenditure of ADMINISTERING AGENCY's PROJECT participation in
paying not less than 20% of all allowable PROJECT costs and shall contain the information described in
Chapter 5 of the Local As sistance Procedures Manual (LAPM). Invoicing shall demonstrate
ADMINISTERING AGENCY'S PROJECT participation by showing a matched expenditure of funds of at least
25% of the amount provided by the STATE (excluding the funds dispersed to CHP). ADMINISTERING
AGENCY invoices shall be submitted to:
State of California
Department of Transportation
Division of Traffic Operations, MS 36
Office of System Management Operations
1120 "N" Street
Sacramento, CA 95814
8. Within 60 days after completion of PROJECT work to be reimbursed under this Agreement, to prepare
a final invoice reporting all actual eligible costs expended, including all costs paid by ADMINISTERING
AGENCY and submit that signed invoice, along with any refund due STATE, to the address referenced
above under Section II, Article 7. Backup information submitted with said final invoice shall include all
FSP operational contract invoices paid by ADMINISTERING AGENCY to contracted operators included in
expenditures billed to STATE under this Agreement.
9. COST PRINCIPLES
A) ADMINISTERING AGENCY agrees to comply with, and require all sub-recipients and project sponsors
to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit
Requirement for Federal Awards, and all applicable Federal and State laws and regulations.
B) ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be
obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations
Syste m, Chapter 1, Part 31, et seq., and all applicable Federal and State laws and regulations, shall be
used to determine the allowability of individual PROJECT cost items.
C) Any Fund expenditures for costs for which ADMINISTERING AGENCY has received payment or credit
that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, or 48 CFR, Chapter 1,
Part 3, are subject to repayment by ADMINISTERING AGENCY to STATE. Should ADMINISTERING
AGENCY fail to reimburse Fund moneys due STATE within 30 days of demand, or within such other
period as may be agreed in writing between the Parties hereto, STATE is authorized to intercept and
withhold future payments due ADMINISTERING AGENCY from STATE or any third-party source,
53
including, but not limited to, the State Treasurer, the State Controller, and the California Transportation
Commission.
10. THIRD PARTY CONTRACTING
A) ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000, construction contract over
$10,000, or other contracts over $25,000 (excluding professional service contracts of the type which are
required to be procured in accordance with Government Code sections 4525 (d), (e), and (f)) on the
basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the
prior written approval of STATE.
B) Any subcontract or agreement entered into by ADMINISTERING AGENCY as a result of disbursing
Funds received pursuant to this Agreement shall contain all of the fiscal provisions (Section II,
Paragraphs 4, 9, 11, 12, & 13) of this Agreement, and shall mandate that travel and per diem
reimbursements and third-party contract reimbursements to subcontractors will be allowable as project
costs only after those costs are incurred and paid for by the subcontractors.
C) In addition to the above, the preaward requirements of third party contractor/consultants with
ADMINISTERING AGENCY should be consistent with Local Program Procedures as published by STATE.
11. ACCOUNTING SYSTEM
ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain an accounting
system and records that properly accumulate and segregate Fund expenditures by line item for the
PROJECT. The accounting system of ADMINISTERING AGENCY, its contractors, and all 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.
12. RIGHT TO AUDIT
For the purpose of determining compliance with this Agreement and other matters connected with the
performance of ADMINISTERING AGENCY's contracts with third parties, ADMINISTERING AGENCY,
ADMINISTERING AGENCY'S contractors, and subcontractors, and STATE shall each maintain and make
available for inspection all books, documents, papers, accounting records, and other evidence pertaining
to the performance of such contracts, including, but not limited to the costs of administering those
various contracts. All of the above referenced parties shall make such materials available at their
respective offices at all reasonable times for three years from the date of final payment of Funds to
ADMINISTERING AGENCY. STATE, the California State Auditor, or any duly authorized representative of
STATE or the United States Department of Transportation shall each have access to any books, records,
and documents that are pertinent for audits, examinations, excerpts, and transactions, and
ADMINISTERING AGENCY shall furnish copies thereof if requested.
13. TRAVEL AND SUBSISTENCE
Payments to ADMINISTERING AGENCY for travel and subsistence expenses of ADMINISTERING AGENCY
forces and its subcontractors claimed for reimbursement or applied as local match credit shall not
54
exceed rates authorized to be paid exempt non-represented State employees under current State
Department of Personnel Administration (DPA) rules. If the rates invoiced are in excess of those
authorized DPA rates, then ADMINISTERING AGENCY is responsible for the cost difference and any
overpayments shall be reimbursed to STATE on demand.
SECTION III
IT IS MUTUALLY AGREED:
1. All obligations of STATE under the terms of this Agreement are subject to the appropriation of
resources by the Legislature and the encumbrance of funds under this Agreement. Funding and
reimbursement is available only upon the passage of the State Budget Act containing these STATE funds.
The starting date of eligible reimbursable activities shall be JULY 1, 2020.
2. All obligations of ADMINISTERING AGENCY under the terms of this Agreement are subject to
authorization and allocation of resources by ADMINISTERING AGENCY.
3. ADMINISTERING AGENCY and STATE shall jointly define the init ial FSP program as well as the
appropriate level of FSP funding recommendations and scope of service and equipment required to
provide and manage the FSP program. No changes shall be made in these unless mutually agreed to in
writing by the parties to this Agreement.
4. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in
third parties not parties to this Agreement or affect the legal liability of either party to this Agreement
by imposing any standard of care with respect to the maintenance of State highways different from the
standard of care imposed by law.
5. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability
occurring or arising by reason of anything done or omitted to be done by ADMINISTERING AGENCY
under or in connection with any work, authority, or jurisdiction delegated to ADMINISTERING AGENCY
under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4,
ADMINISTERING AGENCY shall fully defend, indemnify, and save harmless the State of California, its
officers, and employees from all claims, suits, or actions of every name, kind, and description brought
for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of
anything done or omitted to be done by ADMINISTERING AGENCY under or in connection with any work,
authority, or jurisdiction delegated to ADMINISTERING AGENCY under this Agreement.
6. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any injury,
damage, or liability occurring or arising by reason of anything done or omitted to be done by STATE
under or in connection with any work, authority, or jurisdiction delegated to STATE under this
Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, STATE shall
fully defend, indemnify, and save harmless ADMINISTERING AGENCY, its officers, and employees from
all claims, suits or actions of every name, kind, and description brought for or on account of injury (as
defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done
by STATE under or in connection with any work, authority, or jurisdiction delegated to STATE under this
Agreement.
7. ADMINISTERING AGENCY will maintain an inventory of all non-expendable PROJECT equipment,
55
defined as having a useful life of at least two years and an acquisition cost of $500 or more, paid for with
PROJECT funds. ADMINISTERING AGENCY shall define in PROJECT contract who shall take ownership of
all equipment at the conclusion of the Project.
8. In the event that ADMINISTERING AGENCY fails to operate the PROJECT commenced and reimbursed
under this Agreement in accordance with the terms of this Agreement or fails to comply with applicable
Federal and State laws and regulations, STATE reserves the right to terminate funding for PROJECT, or
portions thereof, upon written notice to ADMINISTERING AGENCY.
9. This Agreement shall terminate on June 30, 2023. However, the non-expendable equipment and
liability clauses shall remain in effect until terminated or modified in writing by mutual agreement.
STATE OF CALIFORNIA RIVERSIDE COUNTY TRANSPORTATION COMMISSION
By: __________________________ By: ______________________________
Office of Project Implementation Title: ______________________________
Division of Local Assistance
DATE: _________________________ DATE: _____________________________
56
RESOLUTION NO. 20-015
A RESOLUTION OF THE
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AUTHORIZING CERTAIN OFFICIALS TO EXECUTE
AGREEMENTS WITH CALTRANS FOR
FREEWAY SERVICE PATROL PROGRAM FUNDING
WHEREAS, the Riverside County Transportation Commission (Commission) is
authorized under state law, including Sections 130000 et seq. of the Public Utilities
Code, to enter into binding agreements with public and private parties for a variety of
purposes, and also to enact resolutions and ordinances; and
WHEREAS, the Commission is eligible to receive federal and/or state funding for
certain transportation projects and programs through the California Department of
Transportation (“Caltrans”); and
WHEREAS, the Commission and Caltrans participate jointly in the
implementation of the Freeway Service Patrol (“FSP”) program in Riverside County; and
WHEREAS, routine fund contribution/transfer agreements need to be executed
by the Commission before FSP funds from Caltrans can be claimed; and
WHEREAS, the Commission wishes to delegate authorization to execute such
agreements, and any amendments thereto, to designated officials on behalf of the
Commission.
NOW, THEREFORE, BE IT RESOLVED by the Riverside County Transportation
Commission, as follows:
Section 1. The Executive Director shall have the authority, without seeking
Commission approval, to execute routine FSP fund contribution/transfer agreements for
the provision of funds by Caltrans to the Commission. When the Executive Director is
not available, the Deputy Executive Director shall be so empowered.
Section 2. Where it is necessary for the signature of the Executive Director, or
Deputy Executive Director to be attested, the Clerk of the Commission or her designee
shall be authorized to attest as to the authenticity of such signature.
Section 3. This Resolution shall be effective immediately upon adoption.
APPROVED AND ADOPTED this ___ day of ________, 2020.
[Signatures on following page]
ATTACHMENT 4
57
SIGNATURE PAGE
TO
RESOLUTION NO. 20-015
_____________________________________
Ben Benoit, Chair
Riverside County Transportation Commission
ATTEST:
_________________________________
Lisa Mobley
Clerk of the Board
58
AGENDA ITEM 9
BLANK
Agenda Item 9
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: October 26, 2020
TO: Western Riverside County Programs and Projects Committee
FROM: Brian Cunanan, Commuter and Motorist Assistance Manager
THROUGH: Aaron Hake, External Affairs Director
SUBJECT: Regional 511 Implementation
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Approve Agreement No. 21-45-022-00, between the Los Angeles County Service Authority
for Freeway Emergencies (LA SAFE), San Bernardino County Transportation Authority
(SBCTA), and the Commission for Southern California’s 511 traveler information system
services for up to a five-year term in the amount of $865,506, plus a contingency amount
of $25,000, for a total amount not to exceed $890,506;
2) Approve Agreement No. 09-45-067-08, Amendment No. 8 to Agreement No.
09-45-067-00, with Iteris, Inc. (Iteris) for the continued provision of operations and
maintenance services for the Inland Empire 511 (IE511) system through June 30, 2021 for
an additional amount of $130,000, and a total amount not to exceed $3,475,785;
3) Approve Agreement No. 14-41-156-07, Amendment No. 7 to Agreement No.
14-41-156-00, with Media Beef, Inc. (Media Beef) for the continued provision of
programming and website/mobile application administration services for IE511 through
June 30, 2021 for an additional amount of $35,000, and a total amount not to exceed
$1,473,670;
4) Approve Agreement No. 19-45-080-02, Amendment No. 2 to Agreement No.
19-45-080-00, with SBCTA to extend the agreement through June 30, 2021 for
reimbursement to the Commission for continued IE511 operations;
5) Authorize the Chair or Executive Director, pursuant to legal counsel review, to finalize and
execute the agreements on behalf of the Commission; and
6) Forward to the Commission for action.
BACKGROUND INFORMATION:
In 2000, the Federal Communications Commission (FCC) designated “511” as the single traffic
information telephone number to be made available to states and local jurisdictions across the
country. The FCC ruling however, did not provide a funding source for the national number and
left all implementation and funding decisions to states and local agencies. Section 5306 of the
Safe, Accountable, Flexible, Efficient Transportation Equity Act (SAFETEA-LU) signed into law in
59
Agenda Item 9
2005, required the deployment of a national 511 system that included a “user-friendly”
telephone service as well as a comprehensive website by 2010. Since 2010, the Commission has
administered a bi-county 511 traveler information system branded “IE511”, on behalf of the
Commission and SBCTA, which provides traveler information via web, phone, and mobile
application for commuters traveling within Riverside and San Bernardino Counties. For the 12-
month period prior to the pandemic, the IE511 system had more than 284,000 web sessions and
118,000 phone calls.
High volumes of intercounty travel and proximity between Riverside and San Bernardino counties
serve as the foundation for bi-county commuter programs between the Commission and SBCTA.
As such, SBCTA contracted with the Commission to develop, implement, and manage a
Commuter Assistance Program (CAP) for San Bernardino County since 1993. In addition to the
CAP elements administered, the implementation and maintenance of IE511 was incorporated
into the SBCTA contract beginning in 2010. Costs for the deployment and ongoing operations for
IE511 are split between Commission SAFE revenues and reimbursements from SBCTA.
DISCUSSION:
The historical bi-county approach has served the Commission and SBCTA well; however,
additional benefits and costs savings can be realized by aligning with a larger southern California
regional platform beyond the Inland Empire.
Recommendation for Agreement with Metro
The Los Angeles County Metropolitan Transportation Authority (Metro), acting through its LA
SAFE, has operated a 511 system supporting Los Angeles, Orange, and Ventura counties since
2010. Its most recent 511 deployment was purposefully designed to support multiple counties.
Recognizing this opportunity, the Commission and SBCTA staff began coordinating with Metro
staff toward a regional (Figure 1) Southern California 511 program (SoCal 511). In June 2019, the
Commission approved a draft memorandum of understanding (MOU) with all five southern
California county transportation commissions to become part of Metro’s regional 511 platform.
That MOU assumed that Metro would absorb all costs associated with supporting a regional
SoCal 511 system. This includes the same elements currently provided by IE511 – voice and web-
based information and mobile application regarding traffic, rideshare/transit resources,
commuter services and other related traveler information. In this scenario, the Commission and
SBCTA would be responsible for integration and any requested custom programming costs only.
However, given updated analysis by Metro and negotiations among all five county transportation
commissions, Metro is requiring that partnering agencies share in operational costs for Metro to
operate and maintain a SoCal 511 service.
60
Agenda Item 9
Figure 1: Transition to a Regional 511 Traveler Information System
Commission and SBCTA staff negotiated a cost structure with Metro staff that maintains annual
operational cost levels for 511 that the Commission and SBCTA are accustomed to. Metro’s 511
budget is exponentially larger than the IE511 budget; however, in consultation with the
Commission, Metro applied a population-based split across a limited set of cost categories to
accommodate the Commission and SBCTA’s cost thresholds. The resulting share for the
Commission includes a one-time integration cost of $55,120 with an annual operational cost
starting at $152,640 for the first year with a three percent annual escalation thereafter for up to
five years.
Migrating to a regional SoCal 511 solution has several benefits. Inland Empire constituents will
appreciate the same feature set they are accustomed to plus some new enhancements that are
in the works and launching soon. This includes a Spanish interactive voice response (IVR) system
for Spanish speaking motorists and an enhanced notification system that will alert SoCal 511
users of delays on any of their pre-programmed routes. From a regional perspective, it makes
sense to have one regional platform given the amount of intercounty travel within southern
California. A logical next step would be to eventually expand SoCal 511 to San Diego county and
ultimately standardize how motorist aid can be summoned through a truly regional 511 system.
Lastly, from an administrative standpoint, this regional transition lessens the administrative
burden on Commission staff of operating a local 511 system (i.e., one contract versus multiple
contracts and purchase orders) and results in a more efficient use of public funds with respect to
administration, operations, and enhancement costs when they are shared within a region.
Staff recommends approval of an agreement with Metro through LA SAFE for regional 511
services for up to a five-year term for a total amount not to exceed $890,506 which includes one-
time integration costs of $55,120, operational costs of $810,386, and a contingency amount of
$25,000 for potential local enhancements or custom programming.
Recommendation for 511 Consultant Amendments
IE511 operations are supported primarily by two consultant contracts – Iteris and Media Beef.
The Iteris components of IE511 are comprised of a browser-based traffic map and an IVR
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Agenda Item 9
telephone system. Iteris aggregates and maintains various data feeds to provide motorists with
access to real-time freeway travel information and incident information on southern California
highways. This information is accessible via the telephone service by dialing 511 in Riverside or
San Bernardino Counties or via the IE511.org website and/or companion IE511 mobile application
developed and maintained by Media Beef.
In June 2020, the Commission approved amendments to both IE511 consultant contracts to add
funding to support continued IE511 operations through December 2020 in anticipation of a
cutover to a regional solution by the end of the calendar year. However, negotiating a regional
cost sharing structure and agreement between the Commission, SBCTA, and Metro staff has
taken longer than anticipated, pushing the regional integration to 2021. As such, the consultant
contracts supporting IE511 will need to be amended to maintain IE511 operations beyond
December 2020. Upon approval of an agreement with Metro for regional 511 services, the goal
among all agencies is for the IE511 system to cutover to the SoCal 511 system before the end of
FY 2021. Therefore, staff recommends approval of amendments to increase authorized amounts
for both Iteris and Media Beef in the amounts of $130,000 and $35,000, respectively, in order to
support continued IE511 operations until the transition to a regional SoCal 511. SBCTA will
reimburse the Commission for 50 percent of the costs, or $82,500.
Lastly, the agreement between SBCTA and the Commission for SBCTA to reimburse the
Commission for half of IE511 operational costs expires on December 31, 2020. This agreement
has enough contract balance to support reimbursement to the Commission through the end of
the current fiscal year; therefore, staff recommends approval of an extension to this agreement
to June 30, 2021 to align with the adjusted timeline for the transition to a regional 511 platform.
Financial Information
In Fiscal Year Budget:
Yes
Yes
N/A
Year:
FY 2020/21
FY 2020/21
FY 2021/22+
Amount:
$82,500 (revenues)
$ 220,120 (expenditures)
$ 835,386 (expenditures)
Source of Funds: SAFE and SBCTA reimbursements Budget Adjustment:
No
No
N/A
GL/Project Accounting No.:
452124 416 41605 0000 202 45 41203 (SBCTA revenues)
452131 65520 00000 0000 202 45 65520 (expenditures)
452124 65520 00000 0000 202 45 65520 (expenditures)
Fiscal Procedures Approved: Date: 10/16/2020
Attachments:
1) Draft Agreement No. 21-45-022-00 with LA SAFE
2) Draft Amendment No. 09-45-067-08 with Iteris
3) Draft Amendment No. 14-41-156-07 with Media Beef
4) Draft Amendment No. 19-45-080-02 with SBCTA
62
Agreement No. 21-45-022-00
AGREEMENT
BETWEEN
LOS ANGELES COUNTY
SERVICE AUTHORITY FOR FREEWAY EMERGENCIES
AND
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AND
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
FOR
SOUTHERN CALIFORNIA 511 TRAVELER INFORMATION SYSTEM SERVICES
ATTACHMENT 1
63
Agreement No. 21-45-022-00
RECITALS
Whereas, the Southern California 511 traveler information system (SoCal 511) is a
regional system providing transit, traffic, rideshare and other information services on a
variety of platforms;
Whereas, SoCal 511 operates in partnership with the Los Angeles County Service
Authority for Freeway Emergencies (LA SAFE), Orange County Transportation Authority
(OCTA) and Ventura County Transportation Commission (VCTC) and primarily focuses
its operation and service on Los Angeles, Orange and Ventura counties;
Whereas, the Inland Empire 511 traveler information system (IE 511) is a regional
system, similar to SoCal 511, providing transit, traffic, rideshare and other information
services on a variety of platforms;
Whereas, IE 511 operates in partnership with the Riverside County Transportation
Commission (RCTC) and the San Bernardino County Transportation Authority (SBCTA)
and primarily focuses its operations and services on Riverside and San Bernardino
counties;
Whereas, residents and travelers frequently and extensively travel between and
amongst Los Angeles, Orange, Ventura, Riverside and San Bernardino counties;
Whereas, both SoCal 511 and IE 511 provide similar services and as such there are
efficiencies, improvements, consistencies, and opportunities to provide better service to
the public by integrating SoCal 511 and IE 511 into one system;
Whereas, LA SAFE is the primary agency responsible for the development,
administration, management, operation and maintenance of SoCal 511, and RCTC and
SBCTA are the responsible agencies for the development, administration, management,
operation and maintenance of IE 511;
Whereas, LA SAFE, RCTC and SBCTA desire to proceed with the integration of SoCal
511 and IE 511 for the overall betterment of the regional mobility and the public;
NOW, Therefore, all parties agree as follows:
64
Agreement No. 21-45-022-00
INTENT
The intent of this AGREEMENT is to enable the integration of SoCal 511 and IE 511
into a single, expanded regional SoCal 511 system. This AGREEMENT outlines the
relationship, roles, responsibilities and understandings between LA SAFE, RCTC and
SBCTA regarding the integration, administration, management and operation of the
expanded regional SoCal 511 system.
PERIOD OF PERFORMANCE
This AGREEMENT shall become effective on XXXXXXX and shall remain in effect until
otherwise amended or terminated per the terms and conditions contained in this
AGREEMENT.
TERMINATION
Each party agrees to provide a minimum 90 day written Notice of Intent to terminate this
AGREEMENT. Upon receipt and acknowledgement of the Notice of Intent, all parties
shall coordinate to develop a termination plan. This plan shall outline the schedule,
process, costs and any other issues necessary to affect the termination. All efforts shall
be made to control and mitigate any and all costs and negative impact to public as a
result of the termination. Notwithstanding the mitigation efforts, the terminating party
shall bear the primary responsibility for any costs, direct and indirect, associated with
the termination for their portion of the program.
SERVICE/WORK
LA SAFE, RCTC and SBCTA shall agree to the schedule, cost and services that are to
be integrated and provided via SoCal 511. The agreed upon schedule, cost and
services shall be incorporated as an amendment to this AGREEMENT.
LA SAFE shall provide traveler services via the SoCal 511 program. SoCal 511
currently provides information through the following platforms – 1) Interactive Voice
Response (IVR), 2) web site, 3) mobile application and 4) Social Media. Services shall
be provided in compliance with the Schedule, Cost and Services Amendment, as
proposed in the preceding paragraph.
Should there be a change to any platform or service that may or can impact users in
Riverside and/or San Bernardino counties, LA SAFE shall contact and coordinate with
RCTC and SBCTA to review and mitigate the impact and proceed as agreed upon.
Should RCTC or SBCTA desire to deploy additional functionality or services beyond
those currently provided or if there is a need to modify the delivery of the services or
information specifically for Riverside or San Bernardino county, RCTC or SBCTA shall
contact and coordinate with LA SAFE to review the matter and agree upon the changes.
All added functionality or service shall become the part of SoCal 511 and may be used
by or available to all SoCal 511 partner agencies. Any new or modified SoCal 511
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Agreement No. 21-45-022-00
functionality and service, requested by RCTC or SBCTA, shall be set forth in an
agreement between the parties. The agreement shall define the schedule, scope of
work and funding and be incorporated as an amendment to this AGREEMENT.
LA SAFE RESPONSIBILITIES
LA SAFE shall be responsible for the overall development, deployment, operation,
maintenance, administration, management, and planning of the SoCal 511 program and
system. Specific responsibilities shall include but, are not limited to:
• Program management and administration;
• Program operations and maintenance;
• Program development and enhancements;
• Systems management and operation;
• Contract administration and management;
• Strategic planning and implementation;
• Regional marketing;
• Stakeholder and partner coordination;
• Regional, statewide and national coordination
RCTC and SBCTA RESPONSIBILITIES
RCTC and SBCTA are responsible for coordinating, managing and representing their
respective county in the development, deployment, operation and management of the
SoCal 511 program. Specifically, RCTC and SBCTA are responsible for:
• Coordinating with their county agencies, municipalities, and interested parties in
the development and use of SoCal 511;
• Marketing, outreach and communications efforts within their county in support of
SoCal 511;
• Facilitating the discussion of SoCal 511 for and within their county;
• Coordinating with LA SAFE regarding SoCal 511;
• Support and participation in the overall development, operation, maintenance
and management of SoCal 511 for their county; and
• Funding for enhancement and operations and maintenance as delineated in this
AGREEMENT
• LA SAFE is to include PARTICPATING AGENCIES on all procurement activities
related to SoCal511. This includes having one voting member from each
PARTICIPATING AGENCY on any SoCal 511 evaluation committee.
JOINT RESPONSIBILITIES
All parties agree to collective and cooperative efforts in support of SoCal 511. Such
efforts include, but are not limited to:
• Ensuring the quality of SoCal 511;
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Agreement No. 21-45-022-00
• Ensuring that SoCal 511 is effectively meeting and understands the needs of its
customers;
• Promoting and improving traveler mobility throughout the regions through the use
of SoCal 511;
• Collaborating on joint funding opportunities;
• Coordinating SoCal 511 marketing and outreach activities;
• Engaging and communicating with each other to identify opportunities to improve
and/or areas of concern regarding SoCal 511 services;
• Coordinating on future SoCal 511 developments;
REPORTS
LA SAFE shall provide reports or shall provide access to allow the ability to generate
the reports, on SoCal 511 activities on a monthly basis.
MEETINGS
LA SAFE and partner agencies shall meet on a quarterly basis if needed.
COST
LA SAFE and partner agencies will agree upon the costs of providing SoCal 511
services and shall invoice the partner agencies to recover the agreed upon costs
pursuant to this AGREEMENT.
RCTC and SBCTA agree to pay a one-time integration fee of $104,000 and a monthly
fee of $24,000 with a 3% escalation for a five-year (5) period, however after the end of
the third (3) year RCTC and or SBCTA must declare their intension to continue with the
current agreement for the remaining two (2) years and to negotiate in good faith a new
agreement.
One-time integration costs for the IVR and the Web/ Mobile may include:
• Initial integration;
• Development;
• Enhancement;
• Partner agency specific requests; and
• Any other specific ad-hoc one-time actions
On-going costs may include:
• Operations (Population);and
• Maintenance;
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Agreement No. 21-45-022-00
INDEMNIFICATION
Neither LA SAFE nor any of its directors, officers, agents, or employees shall be
responsible for any damage or liability occurring solely by reason of anything done or
omitted to be done by RCTC and or SBCTA under or in connection with any work,
authority, or jurisdiction performed by LA SAFE under this AGREEMENT. Pursuant to
Government Code Section 895.4, RCTC and or SBCTA shall fully indemnify and hold
LA SAFE harmless from any liability imposed for injury (as defined by Government
Code 819.8) occurring solely by reason of anything done or omitted to be done by
RCTC and or SBCTA under or in connection with any work, authority, or jurisdiction
performed by RCTC and or SBCTA under this AGREEMENT and for which RCTC and
or SBCTA would otherwise be liable.
Neither RCTC and or SBCTA nor any of its directors, officers, agents, or employees
shall be responsible for any damage or liability occurring solely by reason of anything
done or omitted to be done by LA SAFE under or in connection with any work, authority,
or jurisdiction performed by LA SAFE under this AGREEMENT. Pursuant to
Government Code Section 895.4, LA SAFE shall fully indemnify and hold RCTC and or
SBCTA harmless from any liability imposed for injury (as defined by Government Code
810.8) occurring solely by reason of anything done or omitted to be done by LA SAFE
under or in connection with any work, authority, or jurisdiction performed by LA SAFE
under this AGREEMENT and for which LA SAFE would otherwise be liable.
Nothing in this AGREEMENT shall be construed to create any duty towards, or any
rights in, any third party that is not a party to this AGREEMENT; and neither this
AGREEMENT nor any of the provisions hereof shall create or enlarge any obligation of
either party imposed by law, as the same may now be imposed or limited or may be
imposed or limited hereafter.
COUNTERPARTS
This MOU may be executed and delivered in any number of counterparts, each of
which, when executed and delivered shall be deemed an original and all of which
together shall constitute the same agreement. Facsimile signatures shall be considered
originals.
MODIFICATIONS
No amendments or other modifications of this MOU shall be binding unless executed in
writing by all PARTIES.
68
Agreement No. 09-45-067-08
1
•
AMENDMENT NO. 8 TO AGREEMENT
FOR OPERATIONS AND MAINTENANCE SERVICES FOR THE
INLAND EMPIRE 511 SYSTEM WITH ITERIS, INC.
1. PARTIES AND DATEThis Amendment No. 8 ("Amendment No. 8") to the Agreement for Operations and Maintenance Services for the Inland Empire 511 System is made and entered into as of ______________________, 2020 by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("Commission") and ITERIS, INC. a Delaware Corporation ("Consultant"). Commission and Consultant are sometimes individually referred to as “Party" and collectively as "Parties”.
2. RECITALS2.1 The Commission and Consultant entered into an agreement dated February 1, 2010 forthe purpose of providing consulting services for the operations and maintenance of the Inland Empire 511 Motorist Aid Travel Information System (the "Master Agreement''). 2.2 The Commission and Consultant entered into an Amendment No. 1 to the Master Agreement dated July 7, 2011 for the purpose of extending the term, expanding the Scope of Services to include the 11Meridian Migration Scope of Work1'i and to provide additional compensation for the continued and additional Services. 2.3 The Commission and the Consultant entered into an Amendment No. 2 to the Master Agreement dated June 30, 2016 for the purpose of extending the term of the master agreement, revising the compensation provisions, and providing additional compensation for the extended term. 2.4 The Commission and Consultant entered into Amendment No. 3 dated June 30, 2017 for the purpose of extending the term of the Master Agreement, revising the compensation provisions and providing additional compensation for continued operations and maintenance services for the Inland Empire 511 System. 2.5 The Commission and Consultant entered into Amendment No. 4 dated June 30, 2018 for the purpose of extending the term of the Master Agreement, revising the compensation provisions and providing additional compensation for continued operations and maintenance services for the Inland Empire 511 System. 2.6 The Commission and Consultant entered into Amendment No. 5 dated June 30, 2019 for the purpose of extending the term of the Master Agreement, revising the compensation provisions and providing additional compensation for continued operations and maintenance services for the Inland Empire 511 System. 2.7 The Commission and Consultant entered into Amendment No. 6 dated December 30, 2019, for the purpose of extending the term of the Master Agreement and revising the compensation provisions for continued operations and maintenance services for the Inland Empire 511 System. 2.8 The Commission and Consultant entered into Amendment No. 7 dated June 10, 2020, for
ATTACHMENT 2
69
Agreement No. 09-45-067-08
2
the purpose of extending the term of the Master Agreement and revising the compensation provisions for continued operations and maintenance services for the Inland Empire 511 System. 2.9 The Commission and Consultant now desire to amend the Master Agreement in order to provide additional compensation for continued operations and maintenance services for the Inland Empire 511 System.
3. TERMS 3.1 Services to be provided under this Amendment No. 8 shall be compensated in accordance with Exhibit "A" attached to this Amendment No. 8 and incorporated herein by reference. 3.2 The maximum compensation to be provided under this Amendment No. 8 for Services provided through the extended term shall not exceed One Hundred Thirty Thousand Dollars ($130,000), as set forth in the attached Exhibit “A”. 3.3 Except as amended by this Amendment No. 8, all provisions of the Master Agreement, as amended by Amendment Nos. 1, 2, 3, 4, 5, 6 and 7 including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the parties under this Amendment. 3.4 This Amendment No. 8 shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.5 This Amendment No. 8 may be signed in counterparts, each of which constitute an original. 3.6 A manually signed copy of this Agreement No. 8 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement No. 8 for all purposes. [Signatures on following page]
70
Agreement No. 09-45-067-08
3
SIGNATURE PAGE
TO
AGREEMENT FOR OPERATIONS AND
MAINTENANCE SERVICES FOR THE
INLAND EMPIRE 511 SYSTEM WITH ITERIS, INC.
IN WITNESS WHEREOF, the parties hereto have executed Agreement No. 09-45-067-08 as of the date first herein above written.
RIVERSIDE COUNTY TRANSPORTATION ITERIS, INC.
COMMISSION By: ___________________________________________ By: ______________________________________ Anne Mayer, Executive Director Signature ______________________________________ Name ______________________________________ Title APPROVED AS TO FORM: ATTEST By: _________________________________________ By: ______________________________________ Best, Best & Krieger, LLP Signature General Counsel Its: ______________________________________ Title *A corporation requires the signatures of two corporate officers. One signature shall be that of the chairman of the 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.
71
Agreement No. 09-45-067-08
EXHIBIT A 4
EXHIBIT “A”
Amendment No. 7 Compensation Provisions
1. Database, IVR and Map services shall be provided on a lump sum, fixed price basis.
The monthly lump sum for Database, IVR and Map services shall be the amounts set
forth in the chart below. Iteris shall invoice Client Monthly beginning __July 1, 2020____
for a minimum of three months and maximum of 12 months unless this Agreement is
extended beyond June 30, 2021.
2. Floodgates services shall be provided on a time and materials basis, at the rates set
forth in Exhibit “A-1” attached to this Exhibit “A” and incorporated herein by reference.
The monthly amount billed for all Floodgates services, including any approved
reimbursements for expenses, shall not exceed the amount set forth in the chart below.
3. A base charge for minutes is $1,000 per month which includes 20,000 minutes.
4. The per minute telephone charge after the included 20,000 minutes shall be five cents
($0.05) per minute.
5. The monthly minutes set forth below is an estimate. The parties acknowledge that
telephone usage will vary from month to month.
6. Client must submit 30 days’ written notice in order to terminate this Amendment prior to
June 30, 2021.
Monthly Costs
Monthly Costs
Database IVR Map
Floodgates
T&M
Total
Labor Minutes* Tel Cost
Total
Monthly
O&M
Not to Exceed
$0.05 per
minute*
$3,061 $5,053 $2,951 $9,400 $20,465 33,000 $1,650 $22,115
72
Agreement No. 09-45-067-08
EXHIBIT A 5
EXHIBIT "A-1"
Billing Rates and Phone Minute Rate
lteris, Inc.
FY2021 Standard Bill Rates*
STAFF TITLE STANDARD RATE
Gendry, Charles Senior S/W Engineer $ 208.66
Hartman, Nicholas Senior Systems Engineer $ 202.71
Lemestre, Michelle Administrator $ 71.54
Galindo, Yocely Administrator $ 71.54
Rate for Included 20,000 Minutes
$1,000
Rate for Phone Minutes Over the Included 20,000 Minutes
5 cents/minute
73
1
Agreement No. 14-41-156-07
AMENDMENT NO. 7 TO
AGREEMENT FOR PROGRAMMING AND WEBSITE ADMINISTRATION SERVICES
WITH MEDIA BEEF, INC.
1.PARTIES AND DATE
This Amendment No. 7 is made and entered into as of this _____ day of
______________, 2020, by and between the RIVERSIDE COUNTY TRANSPORTATION
COMMISSION (“Commission”) and MEDIA BEEF, INC., a California Corporation
(“Consultant”).
2.RECITALS
2.1 The Commission and the Consultant have entered into an agreement
dated September 10, 2014 for the purpose of providing programming
and website administration services for the Commuter Assistance
Projects (“Master Agreement”).
2.2 The Commission and the Consultant have entered into Amendment
No. 1 to the Master Agreement, dated October 19, 2016, for the
purpose of extending the term of the Master Agreement and providing
additional compensation for the continued provision of freeway
service patrol services (“Amendment No. 1”).
2.3 The Commission and the Consultant have entered into Amendment
No. 2 to the Master Agreement, dated June 19, 2017, for the purpose
of providing additional compensation for the continued provision of
programming and website administration services for the Commuter
Assistance Projects (“Amendment No. 2”).
2.4 The Commission and the Consultant have entered into Amendment
No. 3 to the Master Agreement, dated December 11, 2017, for the
purpose of providing additional compensation for the provision of
programming enhancements and a vanpool application, reporting,
and database system within the IE Commuter website. (“Amendment
No. 3”).
2.5 The Commission and the Consultant have entered into Amendment
No. 4 to the Master Agreement, dated July 3, 2019, for the purpose of
ATTACHMENT 3
74
2
providing additional compensation for the continued provision of
programming and website administration services for the Commuter
Assistance and Vanpool Projects, as needed, and for database
migration support to the new regional rideshare and vanpool
systems (“Amendment No. 4”).
2.6 The Commission and the Consultant have entered into Amendment
No. 5 to the Master Agreement, dated May 13, 2020, for the purpose
of extending the term and providing additional compensation for the
continued provision of programming and website administration
services for the Commuter Assistance and Vanpool Projects, as
needed, and for database migration support to the new regional
rideshare and vanpool systems (“Amendment No. 5”).
2.7 The Commission and the Consultant have entered into Amendment
No. 6 to the Master Agreement, dated June 10, 2020, for the purpose
of extending the term and providing additional compensation for the
continued provision of programming and website administration
services for the Commuter & Motorist Assistance and Vanpool
Projects, as needed (“Amendment No. 6”).
2.8 The parties now desire to amend the Master Agreement in order to
extend the term and to provide additional compensation for the
continued provision of programming and website administration
services for IE511.
3. TERMS
3.1 The term of the Master Agreement shall be extended through June 30,
2021, unless earlier terminated as provided in the Master Agreement.
3.2 The maximum compensation for Services performed pursuant to this
Amendment shall be Thirty-Five Thousand Dollars ($35,000). Work
shall be performed at the rates set forth in the Master Agreement.
3.3 The total not-to-exceed amount of the Master Agreement, as amended
by this Amendment No. 7, shall be One Million Four Hundred Seventy-
Three Thousand Six Hundred Seventy Dollars ($1,473,670).
3.4 Except as amended by this Amendment No. 7, all provisions of the
Master Agreement, as amended by Amendment No. 1, 2, 3, 4, 5, and
6, including without limitation the indemnity and insurance provisions,
shall remain in full force and effect and shall govern the actions of the
parties under this Amendment No. 7.
75
3
3.5 This Amendment No. 7 shall be governed by the laws of the State of
California. Venue shall be in Riverside County.
3.6 This Amendment No. 7 may be signed in counterparts, each of which
constitute an original.
3.7 A manually signed copy of this Agreement No. 7 which is transmitted
by facsimile, email or other means of electronic transmission shall be
deemed to have the same legal effect as delivery of an original
executed copy of this Agreement No. 7 for all purposes.
[Signatures on following page]
76
4
SIGNATURE PAGE
TO
Agreement No. 14-41-156-07
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment
on the date first herein above written.
RIVERSIDE COUNTY MEDIA BEEF, INC.
TRANSPORTATION COMMISSION
By: ____________________________ By: __________________________
Anne Mayer, Executive Director Signature
__________________________Na
me
__________________________
Title
APPROVED AS TO FORM: ATTEST:
By: __________________________ By: __________________________
Best Best & Krieger LLP
Counsel to the Riverside County Its: __________________________
Transportation Commission
77
5
INSERT EXHIBIT A
[PLACEHOLDER FOR FEDERAL PROVISIONS]
78
Agreement No. 19-45-080-02
AMENDMENT No. 2 TO CONTRACT 19-1002204
BY AND BETWEEN
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY AND RIVERSIDE COUNTY
TRANSPORTATION COMMISSION
FOR
THE PROVISION OF 511 PROGRAM IMPLEMENTATION AND SOFTWARE
This Amendment No. 2 to Contract 19-1002204 is made by and between the San Bernardino County Transportation Authority ("SBCTA"), and Riverside County Transportation Commission ("RCTC").
1.RECITALS:1.1 On July 1, 2019, SBCTA and RCTC entered into a Cooperative Agreement (“Agreement”),for the purpose of allocating the costs of providing 511, Rideshare and Vanpool Program Implementation and Software; 1.2 On June 30, 2020, SBCTA and RCTC entered into a Cooperative Agreement (“Agreement”), amending the Agreement to extend its term through December 31, 2020, and to limit the cost allocation to the provision of 511 Program Implementation and Software, which is managed by RCTC and reimbursed by SBCTA. 1.3 SBCTA and RCTC desire to amend the Agreement to extend its term through June 30, 2021.
2.TERMS:2.1 The term of the Master Agreement, as set forth in Section 3.1 of the Master Agreement, is hereby extended through June 30, 2021. 2.2 Except as amended by this Amendment No. 2, all provisions of the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the parties under this Amendment No.2. 2.3 This Amendment No. 2 shall be governed by the laws of the State of California. Venue shall be in Riverside County. 2.4 This Amendment No. 2 may be signed in counterparts, each of which shall constitute an original. 2.5 A manually signed copy of this Amendment No. 2 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 2 for all purposes. This Amendment No. 2 may be signed using an electronic signature.
[Signatures on following page]
ATTACHMENT 4
79
Agreement No. 19-45-080-02
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement below. SAN BERNARDINO COUNTY RIVERSIDE COUNTY TRANSPORTATION AUTHORITY TRANSPORTATION COMMISSION By: ________________________________________ By: ___________________________________________ Raymond W. Wolfe Anne Mayer Executive Director Executive Director Date: _____________________________________ Date: ________________________________________
APPROVED AS TO FORM APPROVED AS TO FORM By: _________________________________________ By: __________________________________________ Julianna K. Tillquist Best, Best & Krieger, LLP General Counsel General Counsel Date: _______________________________________ Date: _______________________________________
CONCURRENCE By: _________________________________________ Jeffery Hill Procurement Manager Date: _______________________________________
80
AGENDA ITEM 10
Agenda Item 10
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: October 26, 2020
TO: Western Riverside County Programs and Projects Committee
FROM: Brian Cunanan, Commuter and Motorist Assistance Manager
THROUGH: Aaron Hake, External Affairs Director
SUBJECT: Agreement for Vanpool Vehicle Leasing Services
STAFF RECOMMENDATION:
This item is for the Commission to:
1) Award Agreement No. 21-41-021-00 to Airport Van Rental Vanpool, doing business as
AVR Vanpool (AVR), for vanpool vehicle leasing services for a three-year term, plus one
two-year option to extend the agreement, in an amount not to exceed $875,000;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to finalize and
execute the agreement, including option years, on behalf of the Commission; and
3) Forward to the Commission for action.
BACKGROUND INFORMATION:
At its September 2017 meeting, the Commission approved the funding, development, and
implementation of an ongoing vanpool subsidy program to be provided through third-party
leasing vendors. The vanpool groups’ leased vehicles carry 7 to 15 passengers (including the
driver) traveling 30 or more miles each day between their homes and their work destination(s)
located within the Commission’s jurisdictional area of Western and Southern Riverside County.
In fall 2017, the Commission released a Request for Proposal (RFP) to procure leasing vendors
for a vendor bench to provide the vehicles services. The RFP process resulted in the Commission
contracting with Commute with Enterprise (Enterprise), with the program branded as “VanClub”
that launched in May 2018 primarily serving traditional employer markets. In addition to current
and future vanpool services procured through the RFP process, the Commission has an
agreement with a public transit provider, California Vanpool Authority (CalVans), to provide
vanpool services to the agricultural and post-secondary education markets. The monthly lease
amount for leased vehicles provided to vanpool groups by CalVans or Enterprise includes
insurance, maintenance and roadside assistance. The vanpool groups apply directly to the
Commission to participate in VanClub, and, upon approval, the Commission provides a monthly
subsidy of up to 50 percent of their vanpool lease cost not to exceed $400.
The San Bernardino County Transportation Authority (SBCTA) operates a vanpool subsidy
program (SB Loop) with similar scopes of work and program requirements as RCTC’s VanClub
program. Both programs require that vanpool participants:
81
Agenda Item 10
a. Commute in a leased vehicle with a seating capacity (including the driver) of between 7
to 15 passengers;
b. Operate a minimum 12 days during each calendar month;
c. Travel at least 30 miles round-trip directly between a home origin(s) and a regular work
and/or vocational/post-secondary education destination(s) within each agency’s
jurisdictional area; and
d. Maintain a minimum vanpool occupancy of 70% or higher at time of start-up, and 50%
or higher on an ongoing monthly basis.
During the COVID-19 pandemic, both agencies accommodated for more flexible schedules so as
to allow for social distancing while traveling in vanpools and relaxed the minimum number of
operating days and occupancy requirements each month. At the program’s peak in February
2020, the Commission’s VanClub subsidized 80 vanpools. As of September 2020, VanClub has
30 vanpools that transport essential workers to and from March Air Force Base and the
University of California at Riverside.
Procurement Process
Since the Commission and SBCTA initially procured vanpool leasing vendor services in 2017,
additional vendors have entered the Southern California vanpool leasing market. As such, in
order to expand vanpool vendor options for both vanpool programs while optimizing staff
resources toward this goal, SBCTA released RFP No. 20-1002393 for third-party vanpool vehicle
providers on behalf of both SBCTA and the Commission in July 2020.
SBCTA’s RFP No. 20-1002393 was sent electronically to and downloaded by five firms registered
on SBCTA’s PlanetBids system. The solicitation was issued in accordance with current SBCTA
policies and procedures for consultant services. There were two addenda issued for this project:
Addendum No. 1, issued on July 22, 2020, extended the key RFP dates and Addendum No. 2,
issued on August 14, 2020, responded to questions received and added a Buy America clause to
the contract.
Both the SBCTA and Commission’s vanpool programs anticipate utilizing Federal Transit
Administration (FTA) funds to pay monthly subsidies to the vanpool providers; therefore, the RFP
required compliance with all federal public transit rules and regulations, including Buy America,
Americans with Disabilities Act, and be open to the general public.
One proposal was received from AVR by the date and time specified in the RFP. A
responsiveness review was conducted by the SBCTA Procurement Analyst, and SBCTA found the
AVR proposal to be responsive. The evaluation committee consisted of staff from the
Commission and SBCTA, as well as a Commission vanpool consultant. The Committee scored
the proposal based on the following criteria: qualifications, related experience and references,
proposed staffing and project organization, work plan, and price. Based on the evaluation
committee’s assessment of the written proposal received, and pursuant to the terms of the RFP,
82
Agenda Item 10
the evaluation committee conducted an interview with AVR on September 9, 2020.
Staff is aware of one additional vanpool vendor that operates vanpool vehicle leasing services
within the southern California region. After several attempts, the SBCTA Procurement Analyst
reached the firm; it was determined that due to changes in staffing assignments this firm missed
the procurement opportunity.
The evaluation committee recommends AVR for vanpool vehicle leasing services, as it
demonstrated a thorough understanding of the scope of work and proposed an overall solid
team. Accordingly, staff recommends approval of Agreement No. 21-41-021-00 with AVR to
provide third-party vanpool vehicle leasing services for a three-year term, plus one two-year
option, in an amount not to exceed $875,000. The Commission’s professional services
agreement will be entered into with AVR subject to any changes approved by the Executive
Director, pursuant to legal counsel review.
Funding for the AVR subsidy element of the vanpool program will be through a combination of a
South Coast AQMD Mobile Source Air Pollution Reduction Review Committee (MSRC) grant and
FTA Section 5307 funding (which will be used when the MSRC grant is exhausted).
At the time of publication of this staff report, the SBCTA Transit Committee approved a contract
award to AVR and forwarded it to the full SBCTA Board of Directors for approval in early
November.
Financial Information
In Fiscal Year Budget:
Yes
Yes
N/A
N/A
Year:
FY 2020/21
FY 2020/21
FY 2021/22+
FY 2021/22+
Amount:
$101,000 (revenues)
$101,000 (expenditures)
$774,000 (revenues)
$774,000 (expenditures)
Source of Funds: MSRC grant and FTA funds Budget Adjustment:
No
No
N/A
N/A
GL/Project Accounting No.:
002187 416 41608 0000 263 41 41204 (local revenues)
002187 414 41404 0000 263 41 41401 (federal revenues)
002187 81030 00000 0000 263 41 81002 (expenditures)
Fiscal Procedures Approved: Date: 10/16/2020
Attachment: Draft Agreement 21-41-021-00
83
17336.00013\32891143.2 1
AGREEMENT No. 21-41-021-00
BY AND BETWEEN
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AND
AIRPORT VAN RENTAL
FOR
THIRD PARTY VANPOOL VEHICLE PROVIDER SERVICES
This contract ( “Contract”) is made and entered into by and between the Riverside County
Transportation Commission (“RCTC”), whose address is 4080 Lemon St., 3rd Floor, Riverside, CA
92501, and Airport Van Rental (“CONSULTANT”) whose address is 12911 Cerise Avenue,
Hawthorne, CA 90250. RCTC and CONSULTANT are each a “Party” and are collectively the
“Parties”.
RECITALS:
WHEREAS, RCTC requires Work as described in Exhibit A of this Contract and;
WHEREAS, CONSULTANT has confirmed that CONSULTANT has the requisite professional
qualifications, personnel and experience and is fully capable and qualified to perform the services
identified herein; and
WHEREAS, CONSULTANT desires to perform all Work identified herein and to do so for the
compensation and in accordance with the terms and conditions set forth herein.
WHEREAS, RCTC intends to initially fund this Contract utilizing local funding, but may, at a
later time, elect to utilize funding from the Federal Transportation Administration (FTA), should such
funding become available.
NOW, THEREFORE, the Parties agree as follows:
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17336.00013\32891143.2 \ 2
ARTICLE 1. PROJECT DESCRIPTION/SCOPE OF WORK
1.1 CONSULTANT agrees to perform the work and services set forth in Exhibit A “Scope of
Work” (“Work”) in accordance with all applicable professional standards which are generally
accepted in the State of California, in accordance with the terms and conditions expressed
herein, and in the sequence, time, and manner defined herein. The word “Work”, as used
herein, includes without limitation the performance, fulfillment and discharge by
CONSULTANT of all obligations, duties, tasks, and Work imposed upon or assumed by
CONSULTANT hereunder; and the Work performed hereunder shall be completed to the
satisfaction of RCTC, with its satisfaction being based on prevailing applicable professional
standards.
1.2 RCTC’s Project Manager for this Contract is Brian Cunanan, or such other designee as shall be
designated in written notice to CONSULTANT from time to time by the Executive Director of
RCTC or his or her designee. The Project Manager shall have authority to act on behalf of RCTC
in administering this Contract, including giving notices (including without limitation, notices of
default and/or termination), technical directions and approvals, demanding performance and
accepting work performed, but is not authorized to receive or issue payments or execute
amendments to the Contract itself
ARTICLE 2. CONTRACT TERM
2.1 The Contract term shall commence upon issuance of a written Notice To Proceed (NTP) issued
by RCTC’s Procurement Manager and shall continue in effect through December 31, 2023, or
until otherwise terminated, or unless extended as hereinafter provided by written amendment,
except that all indemnity and defense obligations hereunder shall survive termination of this
Contract. CONSULTANT shall not be compensated for any work performed or costs incurred
prior to issuance of the NTP.
2.2 RCTC at its sole discretion may extend the original term of the Contract for one two-year
option. The maximum term of this Contract, including the Option Term, if exercised, will not
exceed December 31, 2025.
ARTICLE 3. COMPENSATION
3.1 Total compensation to CONSULTANT for full and complete performance of the Scope of Work
identified herein and, in compliance with all the terms and conditions of this Contract, shall be
as a fixed subsidy for approved vanpools per month, which includes all obligations incurred in,
or applied to, CONSULTANT’s performance of Work, and for which CONSULTANT shall
furnish all personnel, facilities, equipment, materials, supplies, and Services (except as may be
explicitly set forth in this Contract as furnished by RCTC) shall not exceed the amount set forth
in section 3.2 below.
3.2 The total Contract Not-To-Exceed Amount is Eight-Hundred Seventy-Five Thousand Dollars
and Zero Cents ($875,000). All Work provided under this Contract is to be performed as set
forth in Exhibit A “Scope of Work”, and shall be reimbursed based on 50% of allowable vehicle
lease rates, not to exceed $400 per month per qualified petroleum-based vehicle and $500 per
month per qualified zero emission vehicles, pursuant to Exhibit B “Vehicle Cost Matrix Form”.
RCTC will not compensate the CONSULTANT for any subsidies for vehicles not shown in
85
17336.00013\32891143.2 \ 3
Exhibit B or agreed to and approved by RCTC as required under this Contract.
3.3 The Cost Principles and Procedures set forth in 48 CFR, Ch. 1, subch. E, Part 31, as constituted
on the effective date of this Contract, shall be utilized to determine allowability of costs under
this Contract and may be modified from time to time by written amendment of the Contract.
3.3.1 CONSULTANT agrees to comply with Federal Department of Transportation
procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements
for Grants and Cooperative Agreements to State and Local Governments.
3.3.2 Any costs for which payment has been made to CONSULTANT that are determined
by subsequent audit to be unallowable under 48 CFR, Ch. 1, subch. E, Part 31, or 49
CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments shall be returned by CONSULTANT to
RCTC.
3.4 Any Work provided by CONSULTANT not specifically covered by the Scope of Work shall
not be compensated without prior written authorization from RCTC. It shall be
CONSULTANT’s responsibility to recognize and notify RCTC in writing when services not
covered by the Scope of Work have been requested or are required. All changes and/or
modifications to the Scope of Work shall be made in accordance with the “CHANGES”
Article in this Contract. Any additional services agreed to in accordance with this Contract
shall become part of the Work.
3.5 During a random physical inspection and audit of vehicles for safety equipment, should RCTC
find that CONSULTANT is not compliant with contractual requirements, CONSULTANT
shall bring any non-compliant item(s) into compliance within three (3) business days or
temporarily/permanently replace the non-compliant vehicle with a compliant vehicle.
If CONSULTANT fails to remedy/replace a non-compliant vehicle pursuant to the
contractual terms, RCTC may withhold the monthly subsidy amount for each non-compliant
vehicle.
3.6 All subcontracts in excess of $25,000 shall contain the above provisions.
ARTICLE 4. TAXES, DUTIES AND FEES
Except to the extent expressly provided elsewhere in this Contract, CONSULTANT shall pay when
due, and the compensation set forth herein shall be inclusive of all: a) local, municipal, State, and
federal sales and use taxes; b) excise taxes; c) taxes on personal property owned by CONSULTANT;
and d) other governmental fees and taxes or charges of whatever nature applicable to CONSULTANT
to enable it to conduct business.
ARTICLE 5. AVAILABILITY OF FUNDS; FTA REQUIREMENTS
The award and performance of this Contract is contingent on the availability of funds. If funds are
not appropriated and/or allocated and available to RCTC for the continuance of Work performed by
CONSULTANT, Work directly or indirectly involved may be suspended or terminated by RCTC at
the end of the period for which funds are available. When RCTC becomes aware that any portion of
Work will or may be affected by a shortage of funds, it will promptly notify CONSULTANT. Nothing
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17336.00013\32891143.2 \ 4
herein shall relieve RCTC from its obligation to compensate CONSULTANT for Work already
performed pursuant to this Contract. No penalty shall accrue to RCTC in the event this provision is
exercised.
Article 49 through Article 59 of this Contract incorporate FTA required clauses, which shall be
enforceable commencing at such time as RCTC alerts CONSULTANT to the use of FTA funds.
RCTC intends to rely on the federally related certifications and disclosures submitted by
CONSULTANT in its response to the Request for Proposals (“RFP”) pursuant to which this Contract
has been awarded. RCTC shall retain copies of such submissions in its project file for this Contract.
ARTICLE 6. PERMITS AND LICENSES
CONSULTANT shall, without additional compensation, keep current all governmental permits,
certificates and licenses (including professional licenses) necessary for CONSULTANT to perform
Work identified herein.
ARTICLE 7. DOCUMENTATION AND RIGHT TO AUDIT
7.1 CONSULTANT shall maintain all records related to this Contract in an organized way in the
original format, electronic and hard copy, conducive to professional review and audit, for a
period of three (3) years from the date of final payment by RCTC, or until the conclusion of
all litigation, appeals or claims related to this Contract, whichever is longer. CONSULTANT
shall provide RCTC, Federal Transit Administration, the California State Auditor, or other
authorized representatives of RCTC, access to CONSULTANT’s records which are directly
related to this Contract for the purpose of inspection, auditing or copying during the entirety
of the records maintenance period above. CONSULTANT further agrees to maintain separate
records for costs of Work performed by amendment. CONSULTANT shall allow RCTC and
its representatives or agents to reproduce any materials as reasonably necessary.
7.2 The cost proposal and/or invoices for this Contract are subject to audit by RCTC and/or any
state or federal agency funding this Project at any time. After CONSULTANT receives any
audit recommendations, the cost proposal shall be adjusted by CONSULTANT and approved
by RCTC’s Project Manager to conform to the audit recommendations. CONSULTANT
agrees that individual items of cost identified in the audit report may be incorporated into the
Contract at RCTC’s sole discretion. Refusal by CONSULTANT to incorporate the audit or
post award recommendations will be considered a breach of the Contract and cause for
termination of the Contract. Any dispute concerning the audit findings of this Contract shall
be reviewed by RCTC’s Chief Financial Officer. CONSULTANT may request a review by
submitting the request in writing to RCTC within thirty (30) calendar days after issuance of
the audit report.
7.3 Subcontracts in excess of $25,000 shall contain the provisions in this Article.
ARTICLE 8. RESPONSIBILITY OF CONSULTANT
8.1 CONSULTANT shall be responsible for the professional quality, technical accuracy, and the
assurance of compliance with all applicable federal, State, and local laws and regulations, and
other Work furnished by the CONSULTANT under the Contract.
8.2 In addition to any other requirements of this Contract or duties and obligations imposed on
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CONSULTANT by law, CONSULTANT shall, as an integral part of its Work, employ quality
control procedures that identify potential risks and uncertainties related to scope, schedule,
cost, quality and safety of the Project and the Work performed by CONSULTANT within the
areas of CONSULTANT’s expertise. At any time during performance of the Work, should
CONSULTANT observe, encounter, or identify any unusual circumstances or uncertainties,
which could pose potential risk to RCTC or the Project, CONSULTANT shall immediately
document such matters and notify RCTC in writing. CONSULTANT shall also similarly
notify RCTC in regard to the possibility of any natural catastrophe and potential failure, of the
Project. Notifications under this paragraph shall be specific, clear and timely, and in a form
which will enable RCTC to understand and evaluate the magnitude and effect of the risk
and/or uncertainties involved.
8.3 Intentionally Omitted
8.4 RCTC shall advise CONSULTANT of their responsibility and collect the amount due,
including but not limited to, withholding of payments, if the recoverable cost will exceed the
administrative cost involved or is otherwise in RCTC’s best interest. RCTC shall include in
the Contract Audit File a written statement of the reasons for the decision to recover or not
recover the costs from CONSULTANT.
8.5 CONSULTANT shall document the results of the Work to the satisfaction of RCTC and if
applicable, Federal Transit Administration (FTA). This may include preparation of progress
and final reports, or similar evidence of attainment of RCTC’s objectives.
8.6 Intentionally Omitted
8.7 If RCTC has notified CONSULTANT of use of FTA funds under this Contract,
CONSULTANT shall produce documents which specify compliance with FTA and Buy
America requirements.
ARTICLE 9. REPORTING AND DELIVERABLES
All reports and deliverables shall be submitted in accordance with Exhibit A, “Scope of Work”. At a
minimum, CONSULTANT shall submit monthly progress reports with their monthly invoices. The
progress reports shall be sufficiently detailed for RCTC to determine if the CONSULTANT is
performing to expectations or is on schedule to provide communication of interim findings, and to
sufficiently address any difficulties or problems encountered, so remedies can be developed.
ARTICLE 10. TECHNICAL DIRECTION
10.1 Performance of Work under this Contract shall be subject to the technical direction of RCTC’s
Project Manager. The term "Technical Direction" is defined to include, without limitation:
10.1.1 Directions to CONSULTANT which redirect the Contract effort, shift work emphasis
between work areas or tasks, require pursuit of certain lines of inquiry, fill in details
or otherwise serve to accomplish the contractual Scope of Work.
10.1.2 Provision of written information to CONSULTANT, which assists in the interpretation
of drawings, reports, or technical portions of the Scope of Work described herein.
10.1.3 Review and, where required by the Contract, approval of technical reports,
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specifications and technical information to be delivered by CONSULTANT to RCTC
under the Contract.
10.1.4 RCTC’s Project Manager may modify this Contract for certain administrative
modifications without issuing a written amendment. Administrative modifications as
defined herein are limited to: substitutions of personnel identified in this Contract,
including Key Personnel and subconsultants; modifications to hourly rates,
classifications, and names of personnel in Exhibit B; and modifications of the address
of the CONSULTANT. All administrative modifications shall be documented in
writing between the Parties.
10.2 Technical Direction must be within the Scope of Work under this Contract. RCTC’s Project
Manager does not have the authority to, and may not, issue any Technical Direction which:
10.2.1 Increases or decreases the Scope of Work;
10.2.2 Directs CONSULTANT to perform Work outside the original Scope of Work;
10.2.3 Constitutes a change as defined in the “CHANGES” Article of the Contract;
10.2.4 In any manner causes an increase or decrease in the Contract price as identified in
Article 3, herein, or the time required for Contract performance;
10.2.5 Changes any of the expressed terms, conditions or specifications of the Contract;
unless identified herein;
10.2.6 Interferes with the CONSULTANT’s right to perform the terms and conditions of the
Contract; or
10.2.7 Approves any demand or claim for additional payment.
10.3 Failure of CONSULTANT and RCTC’s Project Manager to agree that the Technical Direction
is within the scope of the Contract, or failure to agree upon the Contract action to be taken,
shall be subject to the provisions of the “DISPUTES” Article herein.
10.4 All Technical Direction shall be issued in writing by RCTC’s Project Manager.
10.5 CONSULTANT shall proceed promptly with the performance of Technical Direction issued
by RCTC’s Project Manager, in the manner prescribed by this Article and within its authority
under the provisions of this Article. If, in the opinion of CONSULTANT, any instruction or
direction by RCTC’s Project Manager falls within one of the categories defined in 10.2.1
through 10.2.7 above, CONSULTANT shall not proceed but shall notify RCTC in writing
within five (5) working days after receipt of any such instruction or direction and shall request
RCTC to modify the Contract accordingly. Upon receiving the notification from the
CONSULTANT, RCTC shall:
10.5.1 Advise CONSULTANT in writing within thirty (30) calendar days after receipt of the
CONSULTANT's letter that the Technical Direction either is or is not Technical
Direction, as defined in 10.1 above, and within the Scope of Work.
10.5.2 Advise CONSULTANT within a reasonable time whether RCTC will or will not issue
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a written amendment.
ARTICLE 11. CHANGES
11.1 The Work shall be subject to changes by additions, deletions, or revisions made by RCTC.
CONSULTANT will be advised of any such changes by written notification from RCTC
describing the change. This notification will not be binding on RCTC until RCTC’s Awarding
Authority has approved any amendment to this Contract.
11.2 Promptly after such written notification of change is given to CONSULTANT by RCTC, the
Parties will attempt to negotiate a mutually agreeable adjustment to compensation or time of
performance, and amend the Contract accordingly.
ARTICLE 12. CONFLICT OF INTEREST
CONSULTANT agrees that it presently has no interest, financial or otherwise, and shall not acquire
any interest, direct or indirect, which would conflict in any manner or degree with the performance
of Work required under this Contract or be contrary to the interests of RCTC as to the Project.
CONSULTANT further agrees that in the performance of this Contract no person having any such
interest shall be employed. CONSULTANT is obligated to fully disclose to RCTC, in writing, any
conflict of interest issues as soon as they are known to CONSULTANT. CONSULTANT agrees that
CONSULTANT’s staff designated by RCTC’s Executive Director as “Consultants” under the
Political Reform Act shall timely file Statements of Economic Interest with the RCTC Clerk of the
Board.
ARTICLE 13. KEY PERSONNEL
The personnel specified below are considered to be essential to the Work being performed under this
Contract. Prior to diverting any of the specified individuals to other projects, or reallocating any tasks
or hours of Work that are the responsibility of key personnel to other personnel, CONSULTANT
shall notify RCTC in writing and shall submit justifications (including proposed substitutions,
resumes and payroll information to support any changes to the labor rate) in sufficient detail to permit
evaluation of the impact on the Project. Diversion or reallocation of key personnel shall not be made
without prior written consent of RCTC. CONSULTANT shall not substitute any key personnel
without the prior written consent of RCTC. In the event that the Parties cannot agree as to the
substitution of key personnel, RCTC may terminate the Contract. Key Personnel are:
Name Job Classification/Function
ARTICLE 14. REPRESENTATIONS
All Work supplied by CONSULTANT under this Contract shall be supplied by personnel who are
qualified, careful, skilled, experienced and competent in their respective trades or professions.
CONSULTANT agrees that they are supplying professional services, findings, and/or
recommendations in the performance of this Contract and agrees with RCTC that the same shall
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conform to professional principles and standards that are generally accepted in the profession in the
State of California.
ARTICLE 15. PROPRIETARY RIGHTS/CONFIDENTIALITY
15.1 If, as part of this Contract, CONSULTANT is required to produce materials, documents data,
or information (“Products”), then CONSULTANT, if requested by RCTC, shall deliver to
RCTC the original of all such Products, which shall become the sole property of RCTC.
15.2 All materials, documents, data or information obtained from RCTC's data files or any RCTC-
owned medium furnished to CONSULTANT in the performance of this Contract will at all
times remain the property of RCTC. Such data or information may not be used or copied for
direct or indirect use outside of this Project by CONSULTANT without the express written
consent of RCTC.
15.3 Except as reasonably necessary for the performance of the Work, CONSULTANT agrees that
it, its employees, agents and subconsultants will hold in confidence and not divulge to third
parties without prior written consent of RCTC, any information obtained by CONSULTANT
from or through RCTC unless (a) the information was known to CONSULTANT prior to
obtaining same from RCTC; or (b) the information was at the time of disclosure to
CONSULTANT, or thereafter becomes, part of the public domain, but not as a result of the
fault of or an unauthorized disclosure by CONSULTANT or its employees, agents, or
subconsultants; or (c) the information was obtained by CONSULTANT from a third party
who did not receive the same, directly or indirectly, from RCTC and who had, to
CONSULTANT's knowledge and belief, the right to disclose the same. Any materials and
information referred to in this Article which are produced by CONSULTANT shall not be
publicly disclosed until released in writing by RCTC, except to the extent such materials and
information become subject to disclosure by RCTC under the California Public Records Act
or other law, or otherwise become public information through no fault of CONSULTANT, or
its employees or agents.
15.4 CONSULTANT shall not use RCTC’s name or photographs in any professional publication,
magazine, trade paper, newspaper, seminar or other medium without first receiving the
express written consent of RCTC.
15.5 All press releases or press inquiries relating to the Project or this Contract, including graphic
display information to be published in newspapers, magazines, and other publications, are to
be made only by RCTC unless otherwise agreed to in writing by the Parties.
ARTICLE 16. CONSTRUCTION CLAIMS
Intentionally Omitted
ARTICLE 17. TERMINATION
17.1 Termination for Convenience - RCTC’s Executive Director shall have the right at any time,
with or without cause, to terminate further performance of Work by giving thirty (30) calendar
days written notice to CONSULTANT specifying the date of termination. On the date of such
termination stated in said notice, CONSULTANT shall promptly discontinue performance of
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Work and shall preserve Work in progress and completed Work, pending RCTC’s instruction,
and shall turn over such Work in accordance with RCTC’s instructions.
17.1.1 CONSULTANT shall deliver to RCTC, all deliverables prepared by CONSULTANT
or its subconsultants or furnished to CONSULTANT by RCTC. Upon such delivery,
CONSULTANT may then invoice RCTC for payment in accordance with the terms
herein.
17.1.2 If CONSULTANT has fully and completely performed all obligations under this
Contract up to the date of termination, CONSULTANT shall be entitled to receive
from RCTC as complete and full settlement for such termination a pro rata share of
the Contract cost based upon the percentage of all contracted Work satisfactorily
executed to the date of termination.
17.1.3 CONSULTANT shall be entitled to receive the actual costs incurred by
CONSULTANT to return CONSULTANT’s tools and equipment, if any, to it or its
suppliers’ premises, or to turn over Work in progress in accordance with RCTC’s
instructions plus the actual cost necessarily incurred in effecting the termination.
17.2 Termination for Cause - In the event CONSULTANT shall file a petition in bankruptcy court,
or shall make a general assignment for the benefit of its creditors, or if a petition in bankruptcy
shall be filed against CONSULTANT or a receiver shall be appointed on account of its
insolvency, or if CONSULTANT shall default in the performance of any express obligation
to be performed by it under this Contract and shall fail to immediately correct (or if immediate
correction is not possible, shall fail to commence and diligently continue action to correct)
such default within ten (10) calendar days following written notice, RCTC may, without
prejudice to any other rights or remedies RCTC may have, and in compliance with applicable
Bankruptcy Laws: (a) hold in abeyance further payments to CONSULTANT; (b) stop any
Work of CONSULTANT or its subconsultants related to such failure until such failure is
remedied; and/or (c) terminate this Contract by written notice to CONSULTANT specifying
the date of termination. In the event of such termination by RCTC, RCTC may take possession
of the Products and finished Work by whatever method RCTC may deem expedient.
17.2.1 A waiver by RCTC of one default of CONSULTANT shall not be considered to be a
waiver of any subsequent default of CONSULTANT, of the same or any other
provision, nor be deemed to waive, amend, or modify this Contract.
17.2.2 CONSULTANT shall deliver to RCTC all finished and unfinished deliverables under
this Contract prepared by CONSULTANT or its subconsultants or furnished to
CONSULTANT by RCTC within ten (10) working days of said notice.
17.3 All claims for compensation or reimbursement of costs under any of the foregoing provisions
shall be supported by documentation submitted to RCTC, satisfactory in form and content to
RCTC and verified by RCTC. In no event shall CONSULTANT be entitled to any payment
for prospective profits on unperformed services or any damages because of such termination.
All subcontracts in excess of $25,000 shall contain the above provisions of this Article.
ARTICLE 18. STOP WORK ORDER
Upon failure of CONSULTANT or its subconsultants to comply with any of the requirements of this
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Contract, RCTC shall have the right to stop any or all Work affected by such failure until such failure
is remedied or to terminate this Contract in accordance with the Termination For Cause provisions of
this Contract.
ARTICLE 19. CLAIMS
RCTC shall not be bound to any adjustments in the Contract amount or schedule unless expressly
agreed to by RCTC in writing. RCTC shall not be liable to CONSULTANT for any claim asserted
by CONSULTANT after final payment has been made under this Contract.
ARTICLE 20. INSURANCE
20.1 Prior to commencing the Work, subject to the provisions of Article 20.2 “General Provisions”,
and at all times during the performance of the Work and for such additional periods as required
herein, CONSULTANT and all sub-consultants of every tier performing any Work under this
contract shall, at CONSULTANT’s and sub-consultant's sole expense, procure and maintain
broad form insurance coverage at least as broad as the following minimum requirements
specified below:
20.1.2 Worker’s Compensation/Employer’s Liability. The policies must include the
following:
• Coverage A. Statutory Benefits
• Coverage B. Employer’s Liability
• Bodily Injury by accident - $1,000,000 per accident
• Bodily Injury by disease - $1,000,000 policy limit/$1,000,000 each employee
Such policies shall contain a waiver of subrogation in favor of the parties named as
Indemnitees below. Such insurance shall be in strict accordance with the applicable workers’
compensation laws in effect during performance of the Work by CONSULTANT or any
subconsultant of any tier. All subconsultants of any tier performing any portion of the Work
for CONSULTANT shall also obtain and maintain the same insurance coverage as specified
in this subparagraph, with a waiver of subrogation in favor of CONSULTANT and all parties
named as Indemnitees below. Where coverage is provided through the California State
Compensation Insurance Fund, the requirement for a minimum A.M. Best rating does not
apply.
20.1.3 Commercial General Liability. The policy must include the following:
• Consultant shall maintain commercial general liability (CGL) insurance (Insurance
Services Office (ISO) Form CG 00 01), and if necessary excess/umbrella commercial
liability insurance, with a combined limit of liability of not less than $5,000,000 each
occurrence.
• The policy shall, at a minimum, include coverage for any and all of the following:
bodily injury, property damage, personal injury, broad form contractual liability
(including coverage to the maximum extent possible for the indemnifications in this
Contract), premises-operations (including explosion, collapse and underground
coverage), duty to defend in addition to (without reducing) the limits of the policy(ies),
and products and completed operations.
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o $2,000,000 per occurrence limit for property damage or bodily injury
o $1,000,000 per occurrence limit for personal injury and advertising injury
o $2,000,000 per occurrence limits for products/completed operations coverage
(ISO Form 20 37 10 01) if RCTC’s Procurement Manager determines it is in
RCTC’s best interests to require such coverage,
o If a general aggregate applies, it shall apply separately to this project/location. The
project name must be indicated under “Description of Operations/Locations” (ISO
Form CG 25 03 or CG 2504).
• Coverage is to be on an “occurrence” form. “Claims made” and “modified
occurrence” forms are not acceptable.
• A copy of the declaration page or endorsement page listing all policy endorsements
for the CGL policy must be included.
All subconsultants of any tier performing any portion of the Work for CONSULTANT shall
also obtain and maintain the CGL insurance coverage with limits not less than:
• Each occurrence limit: $1,000,000
• General aggregate limit: $2,000,000
• Personal injury and advertising limit $1,000,000
• Products-completed operations aggregate limit $2,000,000
All subconsultants’ and sub-subconsultants’ deductibles or self-insured retentions must be
acceptable to RCTC’s Procurement Manager.
20.1.4 Umbrella/Excess CGL. The policy must include the following:
• If the CONSULTANT elects to include an umbrella or excess policy to cover any of
the total limits required beyond the primary commercial general liability policy limits
and/or the primary commercial automobile liability policy limits, then the policy must
include the following:
o The umbrella or excess policy shall follow form over the CONSULTANT’s
primary general liability coverage and shall provide a separate aggregate limit
for products and completed operations coverage.
o The umbrella or excess policy shall not contain any restrictions or exclusions
beyond what is contained in the primary policy.
o The umbrella or excess policy shall contain a clause stating that it takes effect
(drops down) in the event the primary limits are impaired or exhausted.
o The umbrella or excess policy must also extend coverage over the automobile
policy if it is to be used in combination with the primary automobile policy to
meet the total insurance requirement limits.
There shall be no statement limiting the coverage provided to the parties listed as
additionally insureds or as indemnitees below.
20.1.5 Commercial Auto. The policy must include the following:
• A total limit of liability of not less than $5,000,000 each accident. This total limit of
liability may be met by combining the limits of the primary auto policy with an
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umbrella or excess policy in accordance with subparagraph 4 (Umbrella/Excess
CGL) of Section A of this Article.
• Such insurance shall cover liability arising out of any vehicle, including owned,
hired, leased, borrowed and non-owned vehicles assigned to or used in performance
of the CONSULTANT services.
o Combined Bodily Injury and Property Damage Liability insurance
The commercial automobile liability insurance shall be written on the most recent
edition of ISO Form CA 00 01 or equivalent acceptable to RCTC.
20.2 General Provisions
20.2.1 Qualifications of Insurance Carriers. All policies written by insurance carriers shall
be authorized and admitted to do business in the state of California with a current A.M.
Best rating of A-VIII or better. Professional Liability and Pollution Liability policies
may be from non-admitted carriers provided they are authorized and licensed in the
state of California and meet the current A.M. Best rating of A: VIII or better.
20.2.2 Additional Insurance Coverage. All policies, except those for Workers’
Compensation and Professional Liability insurance, shall be endorsed by ISO Form
CG 20 10 11 85, or if not available, then ISO Form CG 20 38, to name Riverside
County Transportation Commission and its officers, directors, members, employees,
agents and volunteers, as additional insureds (“Additional Insureds”). With respect
to general liability arising out of or connected with work or operations performed by
or on behalf of the CONSULTANT under this Contract, coverage for such Additional
Insureds shall not extend to liability to the extent prohibited by section 11580.04 of
the Insurance Code. The additional insured endorsements shall not limit the scope of
coverage for RCTC to vicarious liability but shall allow coverage for RCTC to the
full extent provided by the policy.
20.2.3 Proof of Coverage. Evidence of insurance in a form acceptable to RCTC’s
Procurement Manager, including declarations pages of each policy, certificates of
insurance and the required additional insured endorsements, shall be provided to
RCTC’s Procurement Manager prior to issuance of the NTP or prior to commencing
any Work, as RCTC specifies. Certificate(s) of insurance, as evidence of the required
insurance shall: be executed by a duly authorized representative of each insurer; show
compliance with the insurance requirements set forth in this Article; set forth
deductible amounts applicable to each policy; list all exclusions which are added by
endorsement to each policy; and also include the Contract Number and the RCTC
Project Manager’s name on the face of the certificate. If requested in writing by
RCTC, CONSULTANT shall submit complete copies of all required insurance
policies within ten (10) business days of a written request by RCTC.
20.2.4 Deductibles. Regardless of the allowance of exclusions or deductibles by RCTC,
CONSULTANT shall be responsible for any deductible amount and shall warrant that
the coverage provided to RCTC is consistent with the requirements of this Article.
CONSULTANT will pay, and shall require its sub-consultants to pay, all deductibles,
co-pay obligations, premiums and any other sums due under the insurance required in
this Article. All deductibles will be in amounts acceptable to RCTC’s Procurement
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Manager. CONSULTANT will advise RCTC in writing as to the amounts of any
deductible, or as to any increase in any insurance deductible under any insurance
required above. There will be no deductibles in excess of $250,000 per occurrence,
loss or claim under the insurance. There shall be no self-insured retention. RCTC will
have the right, but not the obligation, to pay any deductible due under any insurance
policy. If RCTC pays any sums due under any insurance required above, RCTC may
withhold said sums from any amounts due CONSULTANT. The policies shall not
provide that any deductible, or other payment required under the policy can be paid
only by the named insured, and not by an additional insured.
20.2.5 CONSULTANT’s and Subconsultants’ Insurance will be Primary. All policies
required to be maintained by the CONSULTANT or any subconsultant with the
exception of Professional Liability and Worker’s Compensation shall be endorsed,
(with a form at least as broad as ISO Form CG 20 01 04 13), to be primary coverage,
and any coverage carried by any of the Additional Insureds shall be excess and non-
contributory. Further, none of CONSULTANT’s or subconsultants’ pollution,
automobile, general liability or other liability policies (primary or excess) will contain
any cross-liability exclusion barring coverage for claims by an additional insured
against a named insured.
20.2.6 Waiver of Subrogation Rights. To the fullest extent permitted by law,
CONSULTANT hereby waives all rights of recovery under subrogation against the
Additional Insureds named herein, and any other consultant, subconsultant or sub-
subconsultant performing work or rendering services on behalf of RCTC, in
connection with the planning, development and construction of the Project. To the
fullest extent permitted by law, CONSULTANT shall require similar written express
waivers and insurance clauses from each of its subconsultants of every tier.
CONSULTANT shall require all of the policies and coverages required in this Article
to waive all rights of subrogation against the Additional Insureds (ISO Form CG 24
04 05 09). Such insurance and coverages provided shall not prohibit CONSULTANT
from waiving the right of subrogation prior to a loss or claim.
20.2.7 Cancellation. If any insurance company elects to cancel or non-renew coverage for
any reason, CONSULTANT will provide RCTC thirty (30) days prior written notice
of such cancellation or nonrenewal. If the policy is cancelled for nonpayment of
premium, CONSULTANT will provide RCTC ten (10) days prior written notice. In
any event, CONSULTANT will provide RCTC with a copy of any notice of
termination or notice of any other change to any insurance coverage required herein
which CONSULTANT receives within one business day after CONSULTANT
receives it by submitting it to RCTC at mwallace@rctc.org to the attention of RCTC’s
Procurement Manager, and by depositing a copy of the notice in the U.S. Mail in
accordance with the notice provisions of this Contract.
20.2.8 Enforcement. RCTC may take any steps as are necessary to assure CONSULTANT’s
compliance with its insurance obligations as identified within this Article. Failure to
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continuously maintain insurance coverage as provided herein is a material breach of
contract. In the event the CONSULTANT fails to obtain or maintain any insurance
coverage required, RCTC may, but is not required to, maintain this coverage and
charge the expense to the CONSULTANT or withhold such expense from amounts
owed CONSULTANT, or terminate this Contract. The insurance required or provided
shall in no way limit or relieve CONSULTANT of its duties and responsibility under
the Contract, including but not limited to obligations to indemnify, defend and hold
harmless the Indemnitees named below. Insurance coverage in the minimum amounts
set forth herein shall not be construed to relieve CONSULTANT for liability in excess
of such coverage, nor shall it preclude RCTC from taking other actions as available to
it under any other provision of the Contract or law. Nothing contained herein shall
relieve CONSULTANT, or any subconsultant of any tier of their obligations to
exercise due care in the performance of their duties in connection with the Work, and
to complete the Work in strict compliance with the Contract.
20.2.9 No Waiver. Failure of RCTC to enforce in a timely manner any of the provisions of
this Article shall not act as a waiver to enforcement of any of these provisions at a later
date.
20.2.10 Subconsultant Insurance. Insurance required of the CONSULTANT shall be also
provided by subconsultants or by CONSULTANT on behalf of all subconsultants to
cover their services performed under this Contract. CONSULTANT may reduce types
and the amounts of insurance limits provided by subconsultants to be proportionate to
the amount of the subconsultant’s contract and the level of liability exposure for the
specific type of work performed by the subconsultant. CONSULTANT shall be held
responsible for all modifications, deviations, or omissions in these insurance
requirements as they apply to subconsultant.
20.2.11 Higher limits. If CONSULTANT maintains higher limits than the minimums shown
above, RCTC shall be entitled to coverage for the higher limits maintained by
CONSULTANT. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to RCTC.
20.2.12 Special Risks or Circumstances. RCTC reserves the right to modify any or all of the
above insurance requirements, including limits, based on the nature of the risk, prior
experience, insurer, coverage, or other special circumstances.
ARTICLE 21. INDEMNITY
21.1 To the extent, but only to the extent, that CONSULTANT’s Work falls within the scope of Civil
Code Section 2782.8, the following indemnification is applicable:
CONSULTANT shall indemnify and defend (with legal counsel reasonably approved by RCTC)
Riverside County Transportation Commission, and its officers, directors, members, employees,
agents and volunteers (collectively the “Indemnitees”) from any and all losses, damages,
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liability, actions, and/or costs for claims that arise out of, pertain to, or are related to the
negligence, recklessness, or willful misconduct of the design professional.
21.2 For all other Work, CONSULTANT agrees to indemnify, defend (with legal counsel reasonably
approved by RCTC) and hold harmless the Indemnitees, from any and all claims, actions, losses,
damages and/or liability (“Claims”) arising out of or related to any act or omission of consultant
or any of its officers, employees, agents, subconsultants or volunteers and for any costs or
expenses incurred by RCTC on account of any such Claims except where such indemnification
is prohibited by law. This indemnification provision shall apply regardless of the existence or
degree of fault of indemnitees. CONSULTANT’s indemnification obligation applies to RCTC’s
“active” as well as “passive” negligence but does not apply to RCTC’s “sole negligence” or
“willful misconduct” within the meaning of Civil Code Section 2782.
ARTICLE 22. ERRORS AND OMISSIONS
CONSULTANT shall be responsible for the professional quality, technical accuracy, and
coordination of all Work required under this Contract. CONSULTANT shall be liable for RCTC’s
costs resulting from errors or deficiencies in Work furnished under this Contract, including but not
limited to any fines, penalties and damages.
ARTICLE 23. OWNERSHIP OF DOCUMENTS
All deliverables, including but not limited to, reports, worksheets, and other data developed by
CONSULTANT under this Contract shall become the sole property of RCTC when prepared, whether
delivered to RCTC or not.
ARTICLE 24. SUBCONTRACTS
24.1 CONSULTANT shall not subcontract performance of all or any portion of Work under this
Contract, except to those subconsultants listed in the CONSULTANT's proposal, without first
notifying RCTC in writing of the intended subcontracting and obtaining RCTC's written
approval of the subcontracting and the subconsultant. The definition of subconsultant and the
requirements for subconsultants hereunder shall include all subcontracts at any tier.
24.2 CONSULTANT agrees that any and all subconsultants of CONSULTANT performing Work
under this Contract will comply with the terms and conditions of this Contract applicable to
the portion of Work performed by them. CONSULTANT shall incorporate all applicable
provisions of this Contract into their subcontracts regardless of the tier. If requested by RCTC,
CONSULTANT shall furnish RCTC a copy of the proposed subcontract for RCTC's approval
of the terms and conditions thereof and shall not execute such subcontract until RCTC has
approved such terms and conditions. RCTC’s approval shall not be unreasonably withheld.
24.3 Approval by RCTC of any Work to be subcontracted and the subconsultant to perform said
Work will not relieve CONSULTANT of any responsibility or liability in regard to the
acceptable and complete performance of said Work. Any substitution of subconsultants must
be approved in writing by RCTC. CONSULTANT shall have the sole responsibility for
managing of their subconsultants, including resolution of any disputes between
CONSULTANT and its subconsultants.
ARTICLE 25. INSPECTION OF OPERATIONS
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RCTC its designees, representatives and agents shall at all times have access during normal business
hours to CONSULTANT's operations and products wherever they are in preparation or progress, and
CONSULTANT shall provide sufficient, safe, and proper facilities for such access and inspection
thereof. Inspection or lack of inspection by RCTC shall not be deemed to be a waiver of any of their
rights to require CONSULTANT to comply with the Contract or to subsequently reject unsatisfactory
Work or products.
ARTICLE 26. INDEPENDENT CONTRACTOR
CONSULTANT is and shall be at all times an independent contractor. Accordingly, all Work
provided by CONSULTANT shall be done and performed by CONSULTANT under the sole
supervision, direction and control of CONSULTANT. RCTC shall rely on CONSULTANT for results
only, and shall have no right at any time to direct or supervise CONSULTANT or CONSULTANT's
employees in the performance of Work or as to the manner, means and methods by which Work is
performed. All personnel furnished by CONSULTANT under this Contract, and all representatives
of CONSULTANT, shall be and remain the employees or agents of CONSULTANT or of
CONSULTANT's subconsultant(s) at all times, and shall not at any time or for any purpose
whatsoever be considered employees or agents of RCTC.
ARTICLE 27. ATTORNEY’S FEES
If any legal action is instituted to enforce or declare any Party’s rights under the Contract, each Party,
including the prevailing Party, must bear its own costs and attorneys’ fees. This Article shall not
apply to those costs and attorneys’ fees directly arising from any third party legal action against a
Party hereto and payable under the “Indemnity” provision of the Contract.
ARTICLE 28. GOVERNING LAW AND VENUE
This Contract shall be subject to the law and jurisdiction of the State of California. The Parties
acknowledge and agree that this Contract was entered into and intended to be performed in whole or
substantial part in San Bernardino County, California. The Parties agree that the venue for any action
or claim brought by any Party to this Contract will be the Superior Court of California, San Bernardino
County. Each Party hereby waives any law or rule of court which would allow them to request or
demand a change of venue. If any action or claim concerning this Contract is brought by any third
party, the Parties hereto agree to use their best efforts to obtain a change of venue to the Superior
Court of California, San Bernardino County.
ARTICLE 29. FEDERAL, STATE AND LOCAL LAWS
CONSULTANT warrants that in the performance of this Contract, it shall comply with all
applicable federal, State and local laws, ordinances, rules and regulations.
ARTICLE 30. PRECEDENCE
30.1 The Contract consists of the Contract Articles, Exhibit A “Scope of Work,” and Exhibit B
“Cost Proposal,” RCTC’s Request For Proposal, and CONSULTANT’s proposal, all of which
are incorporated in this Contract by this reference.
30.2 The following order of precedence shall apply: first, the Contract Articles; second, Exhibits
A and B; third, RCTC’s Request For Proposal; and last, CONSULTANT's Proposal. In the
event of a conflict between the Contract Articles and the Scope of Work, the Contract Articles
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will prevail.
30.3 In the event of an express conflict between the documents listed in this Article, or between
any other documents, which are a part of the Contract, CONSULTANT shall notify RCTC in
writing within three (3) business days of its discovery of the conflict and shall comply with
RCTC's resolution of the conflict.
ARTICLE 31. COMMUNICATIONS AND NOTICES
Notices sent by mail shall be by United States Mail, postage paid, certified mail (return receipt
requested). Any and all notices permitted or required to be given hereunder shall be deemed duly
given and received: (a) upon actual delivery, if delivery is personally made or if made by fax or email
during regular business hours; (b) the first business day following delivery by fax or email when made
not during regular business hours; or (c) the fourth business day following deposit of such notice into
the United States Mail. Each such notice shall be sent to the respective Party at the address indicated
below or to any other address as the respective Parties may designate from time to time by a notice
given in accordance with this Article. CONSULTANT shall notify RCTC of any contact information
changes within ten (10) business days of the change.
To CONSULTANT To RCTC
4080 Lemon St., 3rd Floor
Riverside, CA 92501
Attn: Attn: Brian Cunanan
Email: Email: bcunanan@rctc.org
Phone: Phone: (951) 787-7141
2nd Contact: Copy: Procurement
Email: Email: jmendoza@rctc.org
ARTICLE 32. DISPUTES
32.1 In the event any dispute, other than an audit, arises between the Parties in connection with this
Contract (including but not limited to disputes over payments, reimbursements, costs,
expenses, Work to be performed, Scope of Work and/or time of performance), the dispute
shall be decided by RCTC’s Procurement Manager within thirty (30) calendar days after
notice thereof in writing, which shall include a particular statement of the grounds of the
dispute. If CONSULTANT does not agree with the decision, then CONSULTANT shall have
ten (10) calendar days after receipt of the decision in which to file a written appeal with
RCTC’s Executive Director. If the Executive Director fails to resolve the dispute in a manner
acceptable to CONSULTANT, then such dispute is appealable to a court of competent
jurisdiction.
32.2 During resolution of the dispute, CONSULTANT shall proceed with performance of the
Contract with due diligence.
ARTICLE 33. GRATUITIES
CONSULTANT, its employees, agents, or representatives shall not offer or give to any officer,
official, agent or employee of RCTC any gift, entertainment, payment, loan, or other gratuity.
ARTICLE 34. REVIEW AND ACCEPTANCE
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All Work performed by CONSULTANT shall be subject to periodic review and approval by RCTC
at any and all places where such performance may be carried on. Failure of RCTC to make such
review, or to discover defective work, shall not prejudice the rights of RCTC at the time of final
acceptance. All Work performed by CONSULTANT shall be subject to periodic and final review and
acceptance by RCTC upon completion of all Work.
ARTICLE 35. CONFIDENTIALITY
Any RCTC communications or materials to which CONSULTANT or its subconsultants or agents
have access, or materials prepared by CONSULTANT under the terms of this Contract, shall be held
in confidence by CONSULTANT, who shall exercise reasonable precautions to prevent the disclosure
of confidential information to anyone except as expressly authorized by RCTC. Any communications
with or work product of RCTC’s legal counsel to which CONSULTANT or its subconsultants or
agents have access in performing work under this Contract shall be subject to the attorney-client
privilege and attorney work product doctrine, and shall be confidential. CONSULTANT shall not
release any reports, information or promotional material or allow for the use of any photos related to
this Contract for any purpose without prior written approval of RCTC.
ARTICLE 36. EVALUATION OF CONSULTANT
CONSULTANT’s performance may be evaluated by RCTC periodically throughout the Contract
performance period, such as at the completion of certain milestones as identified in Exhibit A and/or
at the completion of the Contract. A copy of the evaluation will be given to CONSULTANT for their
information. The evaluation information shall be retained as part of the Contract file and may be used
to evaluate CONSULTANT if they submit a proposal on a future RFP issued by RCTC.
ARTICLE 37. SAFETY
CONSULTANT shall strictly comply with all OSHA regulations, local, municipal, state, and federal
safety and health laws, orders and regulations applicable to CONSULTANT's operations in the
performance of Work under this Contract. CONSULTANT shall comply with safety instructions
issued by RCTC and their representatives.
ARTICLE 38. DRUG FREE WORKPLACE
CONSULTANT agrees to comply with the Drug Free Workplace Act of 1990 per Government Code
Section 8350 et seq.
ARTICLE 39. ASSIGNMENT
CONSULTANT shall not assign this Contract in whole or in part, voluntarily, by operation of law,
or otherwise, without first obtaining the written consent of RCTC. RCTC’s exercise of consent shall
be within its sole discretion. Any purported assignment without RCTC’s prior written consent shall
be void and of no effect, and shall constitute a material breach of this Contract. Subject to the
foregoing, the provisions of this Contract shall extend to the benefit of and be binding upon the
successors and assigns of the Parties.
ARTICLE 40. DEBARMENT AND SUSPENSION CERTIFICATION
40.1 This Contract is a covered transaction for purposes of 2 CFR Part 180, as supplemented by 2
CFR Part 1200. As such, CONSULTANT verifies that neither the CONSULTANT, its
principals, as defined at 2 CFR 180.995, nor affiliates, as defined at 2 CFR 180.905, are
excluded or disqualified as defined at 2 CFR 180.940 and 180.935. CONSULTANT is required
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to comply with 2 CFR 180, Subpart C, and must include the requirement to comply with the
requirements of 2 CFR 180, Subpart C in any lower tier covered transaction it enters into.
40.2 By signing this Contract, CONSULTANT certifies as follows:
This certification is a material representation of fact relied upon by RCTC. If it is later
determined that CONSULTANT knowingly rendered an erroneous certification, in addition to
remedies available to RCTC, the Federal Government may pursue available remedies,
including but not limited to suspension and/or debarment. CONSULTANT agrees to comply
with the requirements of 2 CFR 180, Subpart C, throughout the term of this Contract and to
include a provision requiring such compliance in its lower tier covered transactions.
ARTICLE 41. PREVAILING WAGE RATES
Intentionally Omitted
ARTICLE 42. CONTINGENT FEE
CONSULTANT warrants, by execution of this Contract, that no person or selling agency has been
employed or retained to solicit or secure this Contract upon an agreement or understanding for a
commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by CONSULTANT for the purpose of
securing business. For breach or violation of this warranty, RCTC has the right to terminate the
Contract without liability, pay only for the value of the Work actually performed, or in its discretion,
to deduct from the contract price or consideration, or otherwise recover, the full amount of such
commission, percentage, brokerage, or contingent fee.
ARTICLE 43. FORCE MAJEURE
CONSULTANT shall not be in default under this Contract in the event that the Work performed by
CONSULTANT is temporarily interrupted or discontinued for any of the following reasons: riots,
wars, sabotage, acts of terrorism, civil disturbances, insurrection, explosion, pandemics, quarantines,
acts of God, acts of government or governmental restraint, and natural disasters such as floods,
earthquakes, landslides, and fires, or other catastrophic events which are beyond the reasonable
control of CONSULTANT and which CONSULTANT could not reasonably be expected to have
prevented or controlled. “Other catastrophic events” does not include the financial inability of
CONSULTANT to perform or failure of CONSULTANT to obtain either any necessary permits or
licenses from other governmental agencies or the right to use the facilities of any public utility where
such failure is due solely to the acts or omissions of CONSULTANT.
ARTICLE 44. WARRANTY
CONSULTANT warrants that all Work performed shall be in accordance with the Contract, and all
applicable professional standards. In the event of a breach of this provision, CONSULTANT shall
take the necessary actions to correct the breach at CONSULTANT’s sole expense. If CONSULTANT
does not take the necessary action to correct the breach, RCTC, without waiving any other rights or
remedies it may have, may take the necessary steps to correct the breach, and CONSULTANT shall
promptly reimburse RCTC for all expenses and costs incurred.
ARTICLE 45. CIVIL RIGHTS
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45.1 Nondiscrimination. During the term of this Contract, CONSULTANT shall not willfully
discriminate against any employee or applicant for employment because of race, religious
creed, color, national origin, ancestry, physical disability, mental disability medical condition,
genetic information, gender, sex, marital status, gender identity, gender expression, sexual
orientation, age, or military and veteran status. CONSULTANT agrees to comply with the
provisions of Title VI of the Civil Rights Act, as amended, 42 U.S.C. sec. 2000d, section 303
of the Age Discrimination Act of 1975, as amended, 42 U.S.C sec. 6102, section 202 of the
Americans With Disabilities Act of 1990, 42 U.S.C. sec. 12132, and Federal transit law at 49
U.S.C. sec. 5332, and other applicable Federal, State and local laws and regulations and
policies relating to equal employment and contracting opportunities, including laws and
regulations hereafter enacted. In addition, CONSULTANT agrees to comply with applicable
Federal implementing regulations and other implementing requirements FTA may issue.
45.2 Equal Employment Opportunity. The following equal employment opportunity requirements
apply to the underlying Contract.
45.2.1 Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the Civil Rights
Act, as amended, 42 U.S.C. sec. 2000e et seq., and Federal transit laws at 49 U.S.C. sec.
5332, CONSULTANT agrees to comply with all applicable equal employment
opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, “Office
of Federal Contract Compliance Programs, Equal Employment Opportunity, Department
of Labor,” 41 CFR Parts 60 et seq., and with any applicable Federal statutes, executive
orders, regulations, and Federal policies that may in the future affect construction activities
undertaking in the course of the Project. CONSULTANT agrees to take affirmative action
to ensure that applicants are employed, and that employees are treated during employment,
without regard to their race, color, creed, national origin, sex, or age. Such action shall
include, but not be limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination; rates of pay or other forms
of compensation; and selection for training, including apprenticeship. In addition,
CONSULTANT agrees to comply with any implementing requirement FTA may issue.
45.2.2 Age. In accordance with section 4 of the Age Discrimination in Employment Act of 1967,
as amended, 29 U.S.C. sec. 623 and Federal transit law at 49 U.S.C. sec. 5332,
CONSULTANT agrees to refrain from discrimination against present and prospective
employees for reason of age. In addition, CONSULTANT agrees to comply with any
implementing requirements FTA may issue.
45.2.3 Disabilities. In accordance with section 102 of the Americans with Disabilities Act, as
amended, 42 U.S.C, sec. 12112, CONSULTANT agrees that it will comply with the
requirement of U.S. Equal Employment Opportunity Commission, “Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29
CFR Part 1630, pertaining to employment of persons with disabilities. In addition,
CONSULTANT agrees to comply with any implementing requirements FTA may issue.
45.3 CONSULTANT shall include the requirements of this Article in each of its subcontracts.
ARTICLE 46. NATIONAL LABOR RELATIONS BOARD CERTIFICATION
In accordance with Public Contract Code Section 10296, CONSULTANT hereby states under penalty
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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 due to
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.
ARTICLE 47. CONFLICT OF INTEREST
47.1 CONSULTANT shall disclose any financial, business, or other relationship with RCTC that
may have an impact upon the outcome of this Contract. CONSULTANT shall also list current
clients who may have a financial interest in the outcome of this Contract.
47.2 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 Contract.
47.3 Any subcontract in excess of $25,000 entered into as a result of this Contract, shall contain all
of the provisions of this Article.
ARTICLE 48. REBATES, KICKBACKS OR OTHER UNLAWFUL
CONSIDERATION
CONSULTANT warrants that this Contract was not obtained or secured through rebates, kickbacks
or other unlawful consideration, either promised or paid, to any RCTC employee. For breach or
violation of this warranty, RCTC shall have the right in its discretion: to terminate the contract without
liability; to pay only for the value of the Work actually performed; or to deduct from the Contract
price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
ARTICLE 49. PROHIBITION OF EXPENDING RCTC, STATE OR FEDERAL
FUNDS FOR LOBBYING
49.1 CONSULTANT certifies, to the best of his or her knowledge and belief, that:
49.1.1 No state, federal or local agency appropriated funds have been paid, or will be paid,
by or on behalf of CONSULTANT, to any person for influencing or attempting to
influence an officer or employee of an agency, 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
awarding of any state or federal contract, the making of any state or federal grant, the
making of any state or federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any state or
federal contract, grant, or loan, or cooperative agreement.
49.1.2 If any funds other than federal appropriated funds have been paid, or will be paid to
any person for making lobbying contacts to, influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this federal
contract, grant, loan, or cooperative agreement, CONSULTANT shall complete and
submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance
with its instructions.
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49.2 This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31 U.S.C. sec. 1352. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
49.3 CONSULTANT shall require that the language of this Article be included in all lower-tier
subcontracts exceeding $100,000, and that all such subconsultants shall certify and disclose
accordingly.
ARTICLE 50. INCORPORATION OF FTA TERMS
All contractual provisions required by Department of Transportation (DOT) as set forth in Federal
Transit Administration (FTA) Circular 4220.1F, as amended, whether or not expressly set forth in
this Contract, are hereby incorporated by reference into this Contract. Anything to the contrary herein
notwithstanding, all FTA-mandated terms shall be deemed to control in the event of a conflict with
other provisions contained in this Contract. CONSULTANT shall not perform any act, fail to perform
any act, or refuse to comply with any RCTC requests which would cause the designated recipient,
subrecipient or RCTC to be in violation of the FTA terms and conditions. If RCTC determines that
a Contract amendment expressly setting forth FTA-required terms is convenient or necessary for
RCTC’s receipt or use of FTA funding for this Contract or the Project, CONSULTANT agrees to
promptly execute such an amendment to this Contract. CONSULTANT’s failure to execute such
amendment within ten business days after RCTC provides CONSULTANT with such amendment
shall be a material breach of this Contract.
ARTICLE 51. FEDERAL CHANGES
CONSULTANT shall at all times comply with all applicable FTA regulations, policies, procedures
and directives, including without limitation those listed directly or by reference in the agreement
between direct recipient or subrecipient and FTA, as they may be amended or promulgated from time
to time during the term of this Contract. CONSULTANT’s failure to comply shall constitute a
material breach of this contract.
ARTICLE 52. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES
RCTC and CONSULTANT acknowledge and agree that, notwithstanding any concurrence by the
Federal Government in or approval of the solicitation or award of this Contract, absent the express
written consent by the Federal Government, the Federal Government is not a party to this Contract
and shall not be subject to any obligations or liabilities to RCTC, CONSULTANT, or any other party
(whether or not a party to this Contract) pertaining to any matter resulting from the underlying
Contract. CONSULTANT agrees to include these requirements in all of its subcontracts.
ARTICLE 53. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS
ANDRELATED ACTS
53.1 CONSULTANT acknowledges that the provisions of the Program Fraud Civil Remedies Act
of 1986, as amended, 31 U.S.C. §§3801 et seq., and U.S. DOT regulations, “Program Fraud
Civil Remedies,” 49 CFR Part 31, apply to its actions pertaining to this Project. Accordingly,
by signing this Contract CONSULTANT certifies or affirms the truthfulness and accuracy of
any statement it has made, it makes, it may make, or causes to be made, pertaining to the
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underlying Agreement or the FTA assisted project for which this Contract work is being
performed. In addition to other penalties that may be applicable, CONSULTANT
acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim,
statement, submission, or certification, the Federal Government reserves the right to impose
penalties of the Program Fraud Civil Remedies Act of 1986 on CONSULTANT to the extent
the Federal Government deems appropriate.
53.2 CONSULTANT also acknowledges that if it makes, or causes to be made, a false, fictitious,
or fraudulent claim, statement, submission, or certification to the Federal Government under
this Contract connected with a project that is financed in whole or part with Federal assistance
originally awarded by FTA under the authority of 49 U.S.C. §5307 et seq., the Government
reserves the right to impose the penalties of 18 U.S.C. §1001 and 49 U.S.C. §5323(1) (1) et
seq. on CONSULTANT, to the extent the Federal Government deems appropriate.
53.3 CONSULTANT shall include the requirements of this Article in all of its subcontracts.
ARTICLE 54. RECYCLED PRODUCTS
CONSULTANT shall comply with all the requirements of Section 6002 of the Resource Conservation
and Recovery Act (RCRA), as amended (42 U.S.C. sec. 6962), including but not limited to U.S.
Environmental Protection Agency (U.S. EPA), “Comprehensive Procurement Guideline for Products
Containing Recovered Materials,” 40 CFR part 247, as they apply to the procurement of the items
designated in Subpart B of 40 CFR Part 247. CONSULTANT agrees to include this requirement in
all of its subcontracts.
ARTICLE 55. ENERGY CONSERVATION REQUIREMENTS
CONSULTANT shall comply with 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.
ARTICLE 56. CLEAN AIR
CONSULTANT shall comply with all applicable standards, orders or regulations issued pursuant to
the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq., and the Federal Water Pollution Control
Act, 33 U.S.C. 1251-1387, as amended. CONSULTANT shall report each violation to RCTC, who
will in turn report each violation as required to assure notification to FTA and the appropriate EPA
Regional Office. CONSULTANT agrees to include this requirement in all of its subcontracts which
exceed $100,000.
ARTICLE 57. CLEAN WATER REQUIREMENTS
CONSULTANT shall comply with all applicable standards, orders or regulations issued pursuant to
the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq. CONSULTANT shall
report each violation to RCTC and understands and agrees that RCTC will, in turn, report each
violation as required to assure notification to FTA and appropriate EPA Regional Office.
CONSULTANT agrees to include this requirement in all of its subcontracts which exceed $100,000.
ARTICLE 58. FLY AMERICA REQUIREMENTS
CONSULTANT agrees to comply with 49 U.S.C. § 40118 (the “Fly America” Act) in accordance
with the General Services Administration’s regulations at 41 CFR Part 301-10, which provide that
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recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air
carriers for the U.S. Government-financed international air travel and transportation of their personal
effects or property, to the extent such service is available, unless travel by foreign air carrier is a
matter of necessity, as defined by the Fly America Act. CONSULTANT shall submit, if a foreign air
carrier was used, an appropriate certification or memorandum adequately explaining why service by
a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall,
in any event, provide a certificate of compliance with the Fly America requirements. CONSULTANT
agrees to include the requirements of this Article in all subcontracts that may involve international air
transportation.
ARTICLE 59. SEISMIC SAFETY REQUIREMENTS
CONSULTANT agrees that any new building or addition to an existing building will be designed and
constructed in accordance with the standards for Seismic Safety required in Department of
Transportation Seismic Safety Regulations, 49 CFR Part 41, and will certify to compliance to the
extent required by the regulation. CONSULTANT also agrees to ensure that all work performed under
this Contract, including work performed by a subconsultant, is in compliance with the standards
required by the Seismic Safety Regulations and the certification of compliance issued on the project.
ARTICLE 60. DISADVANTAGED BUSINESS ENTERPRISE
RCTC, as the recipient of federal funds, is required to comply with its race-neutral Disadvantaged
Business Enterprise (DBE) program to the maximum extent feasible in all phases of its procurement
practices. The CONSULTANT must certify that it has complied with the requirements of 49 CFR
Part 26.
The CONSULTANT agrees to ensure that DBEs as defined in 49 CFR Part 26 have the opportunity
to participate in the performance of Subcontracts financed in whole or in part with Federal funds
provided under the Contract. In this regard, the CONSULTANT shall take all reasonable steps in
accordance with 49 CFR Part 26 so that DBEs have the opportunity to compete for and perform the
Work. The CONSULTANT shall not discriminate on the basis of race, color, religion, sex, age or
national origin, in the award and performance of DOT-assisted contracts.
The CONSULTANT shall supply sufficient information in its payment applications and supporting
documentation to enable RCTC and the FTA to assess whether CONSULTANT is complying with
its DBE goals. The CONSULTANT shall comply with its FTA approved or non-disapproved DBE
goal program.
ARTICLE 61. ENTIRE DOCUMENT
61.1 This Contract constitutes the sole and only agreement governing the Work and supersedes any
prior understandings, written or oral, between the Parties respecting the Project. All previous
proposals, offers, and other communications, written or oral, relative to this Contract, are
superseded except to the extent that they have been expressly incorporated into this Contract.
61.2 No agent, official, employee or representative of RCTC has any authority to bind RCTC to
any affirmation, representation or warranty outside of, or in conflict with, the stated terms of
this Contract, and CONSULTANT hereby stipulates that it has not relied, and will not rely,
on same.
61.3 Both Parties have been represented or had the full opportunity to be represented by legal
counsel of their own choosing in the negotiation and preparation of this Contract. Therefore,
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the language in all parts of this Contract will be construed, in all cases, according to its fair
meaning, and not for or against either Party.
ARTICLE 61. CONTRACT
CONSULTANT and RCTC hereby agree that this Contract constitutes the entire agreement which is
made and concluded in duplicate between the two Parties. Each Party for and in consideration of the
payments to be made, conditions mentioned, and work to be performed, agrees to diligently perform
in accordance with the terms and conditions of this Contract as evidenced by the signatures below.
ARTICLE 62. EFFECTIVE DATE
The date that this Contract is executed by RCTC shall be the Effective Date of the Contract.
-------------------------SIGNATURES ARE ON THE FOLLOWING PAGE-------------------------
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IN WITNESS WHEREOF, the Parties hereto have executed this Contract on the day and year
written below.
CONSULTANT
RCTC
By: By:
Name
Title
Anne Mayer
Executive Director
Date: Date:
APPROVED AS TO FORM:
By:
Best Best & Krieger, Counsel to
Riverside County Transportation
Commission
Date:
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EXHIBIT “A”
“SCOPE OF WORK” – ADDED TO FINAL CONTRACT
EXHIBIT “B”
APPROVED COST PROPOSAL” – ADDED TO FINAL CONTRACT
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CERTIFICATE OF COMPLIANCE WITH
INSURANCE REQUIREMENTS
(FORM MUST BE COMPLETED IN ITS ENTIRETY AND BE INCLUDED WITH PROPOSAL OR BID SUBMITTAL)
INSURANCE REQUIREMENTS:(check appropriate boxes below)
Contractor/Consultant has provided a copy of the insurance requirements
contained in the Riverside County Transportation Commission (RCTC) Contract to
their agent or broker to confirm the ability to meet requirements.
AND
Contractor/Consultant certifies that the company or individual is fully prepared to
secure the necessary insurance coverage and limits federal as detailed in the RCTC
Contract and comply with all insurance requirements.
OR
Consultant has identified areas of conflict with the insurance requirements and has
provided a list of concerns in its response to the RFP and has referenced each section
and page number identified in the RCTC Contract.
Company Information:
Company/Individuals Name
Address
City State Zip Code
Principal Name Title
Principal Signature Date
Phone Email Address
Broker Information:
Broker Name
Address
City State Zip Code
Phone Number Email Address
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RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DISCLOSURE OF CAMPAIGN CONTRIBUTIONS TO BOARD OF DIRECTORS
Government Code Section 84308, 2 California Code of Regulations 18438.1, et seq.
No Member of the Board of Directors or alternates of the Riverside County Transportation Commission shall
receive or solicit a campaign contribution of more than $250 from Bidder or Bidder’s agent during the time of:
1) Bid solicitation; 2) Consideration of Bids received; and 3) Awarding of a contract or execution of a purchase
and sale agreement based on a Bid (collectively referred to as the “Proceeding”), and for 3 months following
the conclusion of the Proceeding. This prohibition does not apply to the awarding of contracts that are
competitively bid. In addition, Directors and alternates cannot participate in any such matters if they have
received more than $250 in campaign contributions within the last year from anyone financially interested in
the Proceeding, such as Bidder and/or Bidder’s agent.
Pursuant to these requirements, Bidder shall disclose any campaign contribution in an amount of more than
$250 made by Bidder, and/or Bidder’s agent, to any Director within 12 months from the date of these Bid
Documents/Request for Proposals (as applicable). For the purpose of this disclosure obligation, contributions
made by Bidder within the preceding 12 months shall be aggregated with those made by Bidder’s agent within
the preceding 12 months or the period of the agency relationship between the Bidder and Bidder’s agent,
whichever is shorter. In addition, Bidder and/or Bidder’s agent shall not make a contribution of more than
$250 to a Director or alternate during the Proceeding and for 3 months following the conclusion of the
Proceeding.
The disclosure by Bidder, as set forth, herein, shall be incorporated into the written record of the Proceeding
and shall be made available to the public for inspection and copying.
1. Have you or your company, or any agent on behalf of you or your company, made any political contributions
of more than $250 to any RCTC Director or alternate in the 12 months preceding the date of issuance of this
Request for Bids/Requests for Proposals?
YES NO
Board Member Name: Date:
2. Do you or your company, or any agency on behalf of you or your company, anticipate or plan to make
any political contributions of more than $250 to any Board member or alternate?
YES NO
Board Member Name: Date:
Answering yes to either of the two questions above does not preclude RCTC from awarding a bid to your
firm. It does, however, preclude the identified Board member or alternate from participating in the
Bid/contract award process for this Bid/contract.
A current list of the Board of Directors and alternates of the Riverside County Transportation Commission is
attached as Attachment A.
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BIDDER INFORMATION:
Company Name
Address
City State Zip Code
Bidder Name Title
Bidder Signature Date
Phone Email Address
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RCTC BOARD OF DIRECTORS AND ALTERNATES
[PLACEHOLDER TO BE UPDATED WITH CURRENT LIST AT TIME OF AWARD]
114
From:Alexandra Rackerby
To:Alexandra Rackerby
Subject:RCTC Western Riverside County Programs and Projects Committee agenda
Date:Wednesday, October 21, 2020 6:49:52 AM
Attachments:image001.png
image002.png
image003.png
image004.png
image005.png
Good morning Commissioners of the Western Riverside County Programs and Projects Committee:
The October WRC Programs and Projects Committee is posted on the website –
https://www.rctc.org/wp-content/uploads/2020/10/October-WRC.pdf
Thank you.
Respectfully,
Allie Rackerby
Records Technician
Riverside County Transportation Commission
951.787.7141 W
4080 Lemon St. 3rd Fl.| P.O. Box 12008 Riverside, CA 92502
rctc.org
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS
COMMITTEE
ROLL CALL
OCTOBER 26, 2020
Present Absent
County of Riverside, District I X
County of Riverside, District V X
City of Corona X
City of Eastvale X
City of Jurupa Valley X
City of Menifee X
City of Moreno Valley X
City of Murrieta X
City of Norco X
City of Perris X
City of San Jacinto X
City of Wildomar X