HomeMy Public PortalAbout07 July 14, 2021 Commission
MEETING AGENDA
TIME/DATE: 9:30 a.m. / Wednesday, July 14, 2021
Pursuant to Governor Newsom’s Executive Order N-29-20, (March 18, 2020), the meeting will only be
conducted via video conferencing and by telephone. Please follow the instructions on the following page to
join the meeting remotely.
COMMISSIONERS
Chair – Jan Harnik
Vice Chair – V. Manuel Perez
Second Vice Chair – Bob Magee
Kevin Jeffries, County of Riverside, District 1
Karen Spiegel, County of Riverside, District 2
Chuck Washington, County of Riverside, District 3
V. Manuel Perez, County of Riverside, District 4
Jeff Hewitt, County of Riverside, District 5
Kyle Pingree / Alberto Sanchez, City of Banning
Lloyd White / David Fenn, City of Beaumont
Joseph DeConinck / Johnny Rodriguez, City of Blythe
Linda Molina / Wendy Hewitt, City of Calimesa
Jeremy Smith / Larry Greene, City of Canyon Lake
Raymond Gregory / Mark Carnevale, City of Cathedral City
Steven Hernandez / Denise Delgado, City of Coachella
Wes Speake / Jim Steiner, City of Corona
Scott Matas / Russell Betts, City of Desert Hot Springs
Clint Lorimore / Todd Rigby, City of Eastvale
Linda Krupa / Russ Brown, City of Hemet
Dana Reed / Donna Griffith, City of Indian Wells
Waymond Fermon / Oscar Ortiz, City of Indio
Brian Berkson / Guillermo Silva, City of Jurupa Valley
Kathleen Fitzpatrick / Robert Radi, City of La Quinta
Bob Magee / Natasha Johnson, City of Lake Elsinore
Bill Zimmerman / Dean Deines, City of Menifee
Yxstain Gutierrez / To Be Appointed, City of Moreno Valley
Scott Vinton / Lisa DeForest, City of Murrieta
Ted Hoffman / Katherine Aleman, City of Norco
Jan Harnik / Kathleen Kelly, City of Palm Desert
Lisa Middleton / Dennis Woods, City of Palm Springs
Michael M. Vargas / Rita Rogers, City of Perris
Ted Weill / Charles Townsend, City of Rancho Mirage
Chuck Conder / Erin Edwards, City of Riverside
Alonso Ledezma / Crystal Ruiz, City of San Jacinto
Matt Rahn / Maryann Edwards, City of Temecula
Ben J. Benoit / Joseph Morabito, City of Wildomar
Mike Beauchamp, Governor’s Appointee Caltrans District 8
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
www.rctc.org
MEETING AGENDA*
*Actions may be taken on any item listed on the agenda
9:30 a.m.
Wednesday, July 14, 2021
Pursuant to Governor Newsom’s Executive Order N-29-20, (March 18, 2020), the meeting will only be
conducted via video conferencing and by telephone. Please follow the instructions below to join the
meeting remotely.
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For members of the public wishing to submit comment in connection with the Commission Meeting
please email written comments to the Clerk of the Board at lmobley@rctc.org prior to July 13, 2021 at
5:00 p.m. and your comments will be made part of the official record of the 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 72 hours prior to
the meeting, which are public records relating to open session agenda items, will be available for inspection by members of
the public prior to the meeting 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 (951) 787-7141 if special assistance is needed
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1. CALL TO ORDER
2. ROLL CALL
Riverside County Transportation Commission Meeting Agenda
July 14, 2021
Page 2
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENTS – Under the Brown Act, the Commission should not take action on or
discuss matters raised during public comment portion of the agenda that are not listed on the
agenda. Commission members may refer such matters to staff for factual information or to be
placed on the subsequent agenda for consideration.
5. ADDITIONS / REVISIONS – The Commission may add an item to the Agenda after making a
finding that there is a need to take immediate action on the item and that the item came to the
attention of the Commission subsequent to the posting of the agenda. An action adding an item
to the agenda requires 2/3 vote of the Commission. If there are less than 2/3 of the Commission
members present, adding an item to the agenda requires a unanimous vote. Added items will
be placed for discussion at the end of the agenda.
6. CONSENT CALENDAR – All matters on the Consent Calendar will be approved in a single motion
unless a Commissioner(s) requests separate action on specific item(s). Items pulled from the
Consent Calendar will be placed for discussion at the end of the agenda.
6A. APPROVAL OF MINUTES – JUNE 9 2021
Page 1
6B. STATE AND FEDERAL LEGISLATIVE UPDATE
Page 22
Overview
This item is for the Commission to receive and file an update on state and federal
legislation.
6C. COUNTY OF RIVERSIDE FUNDING REQUEST FOR CONSTRUCTION OF JURUPA ROAD
GRADE SEPARATION PROJECT
Page 28
Overview
This item is for the Commission to:
1) Approve programming $25 million of 2009 Measure A Western County Regional
Arterial (MARA) funds for the city of Jurupa Valley’s Jurupa Road Grade
Separation project;
2) Approve Agreement No. 21-72-121-00 between the Commission and the County
of Riverside (County) as the lead agency for the programming of $25 million of
MARA for the construction phase of the Jurupa Road Grade Separation project;
and
3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to
finalize and execute the agreement.
Riverside County Transportation Commission Meeting Agenda
July 14, 2021
Page 3
6D. AGREEMENT FOR TRANSIT-ORIENTED COMMUNITIES STRATEGIC PLAN
Page 34
Overview
This item is for the Commission to:
1) Approve Agreement No. 21-65-043-00 with Stantec Consulting Services, Inc. to
develop a transit-oriented communities strategic plan for an 18-month base
period with two additional six-month optional terms in an amount of $924,674,
plus a contingency amount of $25,326, for a total amount not to exceed
$950,000;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to
finalize and execute the agreement, including option terms, on behalf of the
Commission; and
3) Authorize the Executive Director, or designee, to approve contingency work up
to the total not to exceed amount as required for these services.
6E. CONSTRUCTION AND MAINTENANCE AGREEMENT WITH BNSF RAILWAY FOR
INTERSTATE 15/STATE ROUTE 91 EXPRESS LANES CONNECTOR PROJECT
Page 96
Overview
This item is for the Commission to:
1) Approve Agreement No. 21-31-098-00 with BNSF Railway (BNSF) for a
construction and maintenance (C&M) agreement, including property acquisition,
for the Interstate 15/State Route 91 Express Lanes Connector Project (15/91 ELC)
in the amount of $1,988,607, plus a contingency amount of $104,470, for a total
amount not to exceed $2,093,077;
2) Authorize the Executive Director, pursuant to legal counsel review, to finalize
negotiations with BNSF and execute the agreement on behalf of the Commission;
and
3) Authorize the Executive Director or designee to approve the use of the
contingency amount as may be required by the 15/91 ELC.
Riverside County Transportation Commission Meeting Agenda
July 14, 2021
Page 4
6F. AGREEMENT FOR CALIFORNIA HIGHWAY PATROL CONSTRUCTION ZONE
ENHANCEMENT ENFORCEMENT PROGRAM SERVICES DURING THE CONSTRUCTION OF
THE COMMISSION’S HIGHWAY PROJECTS
Page 164
Overview
This item is for the Commission to:
1) Approve Agreement No. 21-31-103-00, with the California Highway Patrol (CHP)
for Construction Zone Enhanced Enforcement Program (COZEEP) services used
during the construction of Commission highway projects (Projects), for a total
amount not to exceed $4 million for a five-year term; and
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to
finalize and execute the agreement on behalf of the Commission.
6G. AGREEMENTS FOR FREEWAY SERVICE PATROL TOW TRUCK SERVICE
Page 172
Overview
This item is for the Commission to:
1) Approve Agreement No. 21-45-049-00 to Pepe’s Towing Service Inc. (Pepe’s) for
Freeway Service Patrol (FSP) tow truck services on State Route (SR) 91, Beat No.
4, for a five-year term, in an amount of $1,666,787, plus a contingency amount of
$83,340, for a total amount not to exceed $1,750,127;
2) Approve Agreement No. 21-45-050-00 to Pepe’s for FSP tow truck services on
SR-60, Beat No. 7, for a five-year term, in an amount of $1,666,787, plus a
contingency amount of $83,340, for a total amount not to exceed $1,750,127;
3) Approve Agreement No. 21-45-051-00 to Pepe’s for FSP tow truck services on
SR-60, Beat No. 8, for a five-year term, in an amount of $1,666,787, plus a
contingency amount of $83,340, for a total amount not to exceed $1,750,127;
4) Authorize the Chair or Executive Director, pursuant to legal counsel review, to
finalize and execute the agreements on behalf of the Commission; and
5) Authorize the Executive Director, or designee, to approve the use of the
contingency amount as may be required for these services.
6H. 2021 STATE ROUTE 91 IMPLEMENTATION PLAN
Page 314
Overview
This item is for the Commission to approve the 2021 State Route 91 Implementation
Plan.
Riverside County Transportation Commission Meeting Agenda
July 14, 2021
Page 5
7. 2022 STATE TRANSPORTATION IMPROVEMENT PROGRAM FUNDING DISTRIBUTION AND
DRAFT FUND ESTIMATE
Page 362
Overview
This item is for the Commission to approve the 2022 State Transportation Improvement
Program (STIP) funding distribution among the three geographic areas in Riverside County per
the adopted STIP intracounty Memorandum of Understanding (MOU).
8. COUNTYWIDE TRANSIT REPORT: FISCAL YEARS 2017/18 THROUGH 2019/20
Page 366
Overview
This item is for the Commission to receive and file the Countywide Transit Report for
Fiscal Year 2017/18 through FY 2019/20.
9. FISCAL YEAR 2021/22 COMMUTER ASSISTANCE PROGRAM RECOMMENDATIONS
Page 375
Overview
This item is for the Commission to:
1) Approve Agreement No. 21-41-123-00 among the Riverside County Transportation
Commission (Commission), San Bernardino County Transportation Authority (SBCTA),
Los Angeles County Metropolitan Transportation Authority (LACMTA), Orange County
Transportation Authority (OCTA), and Ventura County Transportation Commission
(VCTC), for a total contract amount of $977,719 for Regional Rideshare Software over a
three-year term, including the Commission’s total share of $186,444 inclusive of
$18,000 in contingency;
2) Approve Agreement No. 20-41-090-01, Amendment No. 1 to Agreement
No. 20-41-090-00, with SBCTA for Rideshare Program Implementation, removing
Rideshare and Vanpool Software expenses from the Scope of Work and incorporating
them into Agreement No. 21-41-123-00;
3) Approve Memorandum of Understanding No. 21-41-122-00 between LACMTA, OCTA,
RCTC, SBCTA, and VCTC to merge and consolidate the agencies’ rideshare databases;
4) Adopt Resolution No. 21-013, “Resolution of the Riverside County Transportation
Commission Adopting Amended Guidelines for the Administration of the Measure A
Funded Commuter Incentive Projects as Part of Its Commuter Assistance Program”; and
5) Authorize the Chair or Executive Director, pursuant to legal counsel review, to finalize
and execute the agreements on behalf of the Commission.
Riverside County Transportation Commission Meeting Agenda
July 14, 2021
Page 6
10. ITEM(S) PULLED FROM CONSENT CALENDAR AGENDA
11. COMMISSIONERS / EXECUTIVE DIRECTOR REPORT
Overview
This item provides the opportunity for the Commissioners and the Executive Director to report
on attended meetings/conferences and any other items related to Commission activities.
• Update on CV Rail Public Hearings
12. CLOSED SESSION
12A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Agency Negotiator: Executive Director or Designee
Item Property Description Property Owner Buyer(s)
1 118-160-004 RCTC Regency Realty
2 117-122-001, 002, & 029 RCTC Inland Investment Group
3 229-082-003, 010 RCTC Parag Patel
12B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of
Section 54956.9: 1 potential case
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9:
1 potential case
13. ADJOURNMENT
AGENDA ITEM 6A
MINUTES
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
MEETING MINUTES
Wednesday, June 9, 2021
1.CALL TO ORDER
The Riverside County Transportation Commission was called to order by Chair Jan Harnik at
9:30 a.m., via Zoom Meeting ID 872 1813 3305. Pursuant to Governor Newsom’s Executive
Order N-29-20.
2.ROLL CALL
Commissioners/Alternates Present Commissioners Absent
Mike Beauchamp Bob Magee Yxstain Gutierrez
Ben J. Benoit Lisa Middleton Alonso Ledezma
Brian Berkson Linda Molina Kyle Pingree
Russell Betts V. Manuel Perez
Chuck Conder Matt Rahn*
Joseph DeConinck Dana Reed
David Fenn Wes Speake
Waymond Fermon Karen Spiegel
Kathleen Fitzpatrick Jeremy Smith
Raymond Gregory Michael M. Vargas
Jan Harnik Scott Vinton
Steven Hernandez* Chuck Washington
Jeff Hewitt* Ted Weill
Ted Hoffman Bill Zimmerman
Kevin Jeffries
Linda Krupa
Clint Lorimore
*Arrived after the meeting was called to order.
3.PLEDGE OF ALLEGIANCE
Commissioner Karen Spiegel led the Commission in a flag salute.
4.PUBLIC COMMENTS
Marven Norman, Rail Passenger Association of California Member, stated he wanted to
comment about the plans for the Coachella Valley-San Gorgonio Pass Rail Corridor project
as he has been following it. One thing they are concerned about as he noticed that it is
RCTC’s project it is going to focus on Riverside and on Riverside County’s needs. As the
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environmental document is put out, the project will cost $1 billion to build the track with
Union Pacific Railroad (UP) and there should be more public benefit out of it then just two
daily round trip trains. Mr. Norman suggested the Commission work with other partners,
including Arizona, Calexico, or Imperial Valley as that has been studied in the past in
looking at extending services all the way down to Calexico. He expressed there needs to
be more than two trains a day round trip because UP is opening a new popup intermodal
yard where this track would start in Colton. There is still a single track between Indio and
Yuma so why would the Commission build 80 miles of a third track when they still have
30 miles of single track that could be filled. He stated that there could be a bit of a
bottleneck as that third track will not necessarily be needed as much as they are
proposing. It is a good project in concept but there needs to be more out of it then just
two daily trains when spending that amount of money.
At this time, Commissioners Steven Hernandez, Jeff Hewitt, Matt Rahn, and Jeremy Smith joined
the meeting.
Chair Harnik provided the instructions for public comments.
Brian Yanity, the Vice President-South of the Rail Passenger Association of California and
Nevada, concurred with Mr. Norman’s comments and stated the Amtrak Sunset Limited
has an effort underway to increase the frequency of that to daily. Currently it stops three
times per week in Palm Springs and that is the only stop with Sunset Limited in Riverside
County. The Sunset Limited goes from Los Angeles (LA) to New Orleans via Tuscan, El Paso,
San Antonio, Houston, and points in between and it would be a great benefit for that to
go daily. He stated in 2011, the Commission adopted a resolution in favor of the daily
Sunset Limited and suggested that needs to be done again and it should be sent to the
Congressional Representatives. On the Coachella Valley-San Gorgonio Pass Rail Corridor
project they do want to see more than two trains a day each way and the third track that
UP is asking for to go from Colton to Indio, there is a lot of utility to that third track beyond
Coachella Valley rail passenger service as important as that is and suggested it should be
12 trains both ways. It can be used to enhance the Sunset Limited to get that to daily trips
and it will provide a lot more freight traffic for UP, there is also the proposed passenger
trains from Arizona to LA via the Coachella Valley. All of those things should be factored
in when it comes to that third track along with the capacity of the BNSF San Bernardino
Subdivision, which goes through Riverside from San Bernardino to LA via Fullerton. Mr.
Yanity stated if the Sunset Limited would go to daily the most likely scenario is it would
be rerouted through Riverside and Fullerton so downtown Riverside could be a stop on
the Sunset Limited and he requested the Commission’s support for that.
Chair Harnik expressed appreciation to Mr. Norman and Mr. Yanity for their time and their
engagement and stated they should provide their comments on the draft environmental
document that was released on the proposed Coachella Valley-San Gorgonio Pass Rail
Corridor project.
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Jim Steiner, RCTC’s Alternate and a city of Corona Council Member, referred to the $1.4
billion 91 Expansion project that was completed a few years ago and stated their residents
had high hopes that this project would improve their commute and the overall conditions
on their local streets. Specifically on the west end of Corona near Serfas Club Drive and
Green River Road unfortunately, they have seen little or no improvement. Several
projects are in the works along SR-91 that will hopefully speed up the traffic flow on the
freeway, which in theory should improve circulation on their local streets. He expressed
appreciation for this and to the Commissioners for approving these upcoming projects.
As it relates to the I-15 and he expressed that they are frustrated, angry, and disappointed
once again because after all the work that was done there is backup on their city streets
and residential neighborhoods. Council Member Steiner stated on the south end of town
it has become notably worse primarily on Ontario Avenue, Foothill Parkway/El Cerrito
Road, Masters Drive and Cajalco Road and there is a horrible pinch point on the west end
of Corona and now there is a new one on the south end of Corona. For years residents
and commuters have not been able to get out of Corona in a reasonable time in the
morning when trying to get to their jobs in LA and Orange County. Now the residents
cannot get out of Corona as they navigate south to return home from work, even worse
for the citizens of Corona is that they are stuck in mess as they try to get their kids home
from school, go out to dinner, or patronize local businesses. He expressed not being able
to catch a break on the weekends around noon this past weekend traffic was barely
traveling along the I-15 from SR-91 to Cajalco Road. Citizens have suggested that maybe
RCTC should close the recently opened I-15 toll lanes until after adequate funding is
available to build the proper freeway infrastructure that does not negatively impact local
streets. Others have suggested moving the southbound toll road exit points further to
the north to allow for greater distance to accomplish their merge to the general purpose
lanes and off ramps. He noted that RCTC has the funding to add an arterial lane from
Cajalco Road and is also looking at restriping options. He expressed on behalf of the
residents of Corona he is urging RCTC to continue to look at some temporary or
permanent improvements in the short term while long term improvements continue to
be planned and funded. Council Member Steiner stated morning and afternoon
commutes will likely always be a challenge for this region but the hundreds of millions of
dollars invested in our local freeways should not make life more difficult for the citizens
on the local streets and in their neighborhoods.
Chair Harnik expressed appreciation to Council Member Steiner for his time and for his
input. She noted having time to consider the issues raised at the May Commission
meeting and generally how the Commissioners communicate to their residents. She was
reminded that the communication they provide to their communities concerning their
work here is critically important and they have a responsibility not only to bring their
communities’ voices to this Commission, but they also have an obligation to share in an
accurate manner the sometimes difficult facts about traffic management, financing, and
growth with their cities. She stated that means understanding and voicing the
Commissions’ role on our county’s transportation network, it means sharing with our
community members the process for deciding how projects are funded and ultimately
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approved by this Commission. It may also require correcting inaccurate information
circulating within our communities that if left unaddressed can lead to tempers flaring
among their residents. Over the last few weeks, she has seen on social media a small and
persistent set of voices speaking out against the I-15 Express Lanes and other Commission
led work. One person wrote online the I-15 Express Lanes project designer “should be
shot.” While the comment was eventually removed, these words are violent, and words
matter. She expressed fearing that everyone has become so accustomed to harmful
online content and are numb to language like this. She suggested they can all agree that
this level of violence is disturbing, and it must stop. On SR-91 there have been BB gun
shootings, a little boy was killed on SR-55 from an apparent road rage incident, and our
hearts go out to the victims and their families at the San Jose Valley Transportation
Authority mass shooting. Words do matter and it does not take much for violent words
to spark a violent reaction. Inciting anger does not encourage constructive thought or
solutions; with calm they can process, they can bring logic and have productive
conversations. Every month the Commissioners come together to make decisions for our
county’s transportation system, they work to implement voter approved Measure A
projects, provide oversight and direction to staff on projects and budgeting, and they
work to respond to the needs of their communities. Let’s commit to doing this well,
respectfully, civilly, to ask questions, participate in the process, and communicate to our
residents and community groups the meaning behind the work they do. That is the
foundation of a democratic society and a privilege and honor that they all share as elected
officials. We are not going to agree on every issue but let’s agree to consider the
importance of how we communicate in order to do our part to turn down the
temperature, turn down the tone so that we can work together finding real solutions for
the issues in front of them. She knows as they continue this meeting, they will do their
best to find solutions needed to make their communities quality of life as good as it can
possibly be, and she expressed appreciation for allowing her to speak.
Vice Chair Manuel Perez expressed appreciation as Chair Harnik’s words were very
powerful. As Chair Harnik mentioned words matter and he thanked Chair Harnik for her
leadership and making that point for all the Commissioners as it makes good sense.
Chair Harnik expressed appreciation for Vice Chair Perez’s comments and stated that is
very important and she knows they can get this job done and do it well.
Commissioner Chuck Washington concurred with Vice Chair Perez’s comments and
expressed that Chair Harnik should be aware that a lot of people that are in this meeting
are very supportive of what she just said.
Commissioner Wes Speake stated as the representative in the area that a lot of this stuff
comes from, he thanked Chair Harnik acknowledging that the pain is real, the emotion is
real, and equally for trying to get to a point to find corrective and creative solutions to
bring that temperature down and communicate the next steps. He noted having
additional comments, but he will reserve those until the end of the meeting.
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Commissioner Karen Spiegel stated to Chair Harnik she would be remiss if she did not
make a comment, because she is glad that it is somebody outside her district that stood
up. It has been a tough time as she has personally dealt with this and as much of the
things they want to do and wanted to get community meetings going but when it started
it went exactly the way Chair Harnik described. She stated as Commissioner Speake
commented about getting the community together, she concurred but it gets so negative,
so the Commission needs Commissioner Speake’s help to turn those attitudes around.
Every time something is said it gets twisted and it is an ongoing issue, they want to fix it,
but some things just are in a process and will not be fixed overnight. Commissioner
Spiegel suggested they need to somehow come to a reasonable way of moving forward
so that as time goes, they can fix some of these issues. She stated they all are working
different angles and solutions that may not be seen by all, but they have to go by what
this organization is leading the Commissioners, keep moving forward, and working for a
commonsense solution that they can all live with.
Chair Harnik thanked Commissioner Spiegel and noted as Commissioner Spiegel stated
during the Pledge of Allegiance, we have opportunity here and expressed making the
most of this opportunity.
5. ADDITIONS / REVISIONS
There were no additions or revisions to the agenda.
7. PUBLIC HEARING – PROPOSED BUDGET FOR FISCAL YEAR 2021/22
At this time, Chair Harnik announced this public hearing remains open from the May
Commission meeting and called on Michele Cisneros, Deputy Director of Finance, to
present the proposed Budget for FY 2021/22.
Michele Cisneros, presented the proposed FY Budget for FY 2021/22, highlighting the
following areas:
• Budget adjustments, budget summary, revenues/sources comparison, and
summary of expenditures, expenses, and uses
• Management Services, Regional Programs, and Capital Project Development &
Delivery expenditures/uses
• Capital Project highlights, toll operations, function breakdown, Measure A
Administrative costs
• Next steps
Chair Harnik asked if there were any public comments. There were no public comments
and no written comments received. At this time, Chair Harnik closed the public hearing.
She asked if there were any comments from the Commissioners on the budget that is
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presented. She expressed appreciation to Michele Cisneros for her explanation on
generation and allocation of Measure A, LTF, and STA funds.
Commissioner Spiegel expressed appreciation to Michele Cisneros for an awesome job
both in the written document and her explanation was very clear and as Chair Harnik
stated with the Measure A there is always that lingering piece of document that they have
to make sure they keep reiterating what voters voted for and that those guidelines are
being met.
M/S/C (Berkson/Perez) to:
1) Receive input on the proposed Budget for Fiscal Year (FY) 2021/22;
2) Approve the revised mid-year FY 2020/21 revenue projections of $210
million for 2009 Measure A revenues for a revenue budget increase of
$15 million and a related local streets and roads expenditure budget
increase of $4,573,000 to reflect the revised FY 2020/21 Measure A
projection;
3) Approve the revised mid-year FY 2020/21 revenue projections of
$105 million for Local Transportation Fund (LTF) revenues for a revenue
budget increase of $5 million and the related planning allocation
expenditure budget increases of $113,000 and transfer out of $150,000
to reflect the revised FY 2020/21 LTF projection;
4) Approve the revised FY 2021/22 revenue projections of $210 million for
2009 Measure A and $105 million for LTF;
5) Approve the salary schedule effective July 1, 2021, located in Appendix B
of the proposed budget;
6) Authorize the expenditure of $1,025,700 of 91 Express Lanes toll
revenues designated as surplus in accordance with the 2013 Toll Revenue
Bonds Indenture to fund Commission costs related to the development
of agreements related to the funding, construction, operations,
maintenance, and use of toll revenues for the future direct, tolled
connector linking the SR-241 toll road to the 91 Express Lanes
(241/91 Connector);
7) Close the public hearing on the proposed Budget for FY 2021/22; and
8) Adopt the proposed Budget for FY 2021/22.
Chair Harnik noted that is good news because a year ago if they would have asked, she
did not think that there would be such a rosy picture with the sales tax.
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8. CONSENT CALENDAR
M/S/C (Gregory/Molina) to approve the following Consent Calendar items.
Steve DeBaun, Legal Counsel, stated per the Campaign Contribution form that was
submitted, (Best Best and Krieger, LLP) BB&K’s contract is on Agenda Item 8G,” Recurring
Contracts for Fiscal Year 2021/22”, there was a campaign contribution that was given to
Commissioner Jeffries and he would recommend that Commissioner Jeffries abstain on
that agenda item or at least related to the BB&K contract.
Commissioner Jeffries abstained on the BB&K contract for Agenda item 8G.
8A. APPROVAL OF MINUTES – MAY 12, 2021
8B. APPROPRIATIONS LIMIT FY 2021/22
Adopt Resolution No. 21-010 “Resolution of the Riverside County Transportation
Commission Establishing the Annual Appropriations Limit”, for Fiscal Year
2021/22.
8C. QUARTERLY FINANCIAL STATEMENTS
Receive and file the Quarterly Financial Statements for the nine months ended
March 31, 2021.
8D. QUARTERLY INVESTMENT REPORT
Receive and file the Quarterly Investment Report for the quarter ended
March 31, 2021.
8E. QUARTERLY SALES TAX ANALYSIS
Receive and file the sales tax analysis for Quarter 4, 2020 (4Q 2020).
8F. FEDERAL TRANSIT ADMINISTRATION PROPOSED TRIENNIAL OVERALL
DISADVANTAGED BUSINESS ENTERPRISE GOAL FOR FEDERAL FISCAL YEARS
2022-2024
1) Approve 11 percent as the Commission’s Federal Transit Administration
(FTA) proposed triennial overall Disadvantaged Business Enterprise (DBE)
race-neutral goal for Federal Fiscal Years (FFY) 2022-24 for the period
October 1, 2021 to September 30, 2024; and
2) Adopt Resolution No. 21-007, “Resolution of the Riverside County
Transportation Commission Adopting Its Triennial Overall Disadvantaged
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Business Enterprise Program Goal (49 CFR Part 26) as it Applies to Funding
Received Directly from the Federal Transit Administration”.
8G. RECURRING CONTRACTS FOR FISCAL YEAR 2021/22
1) Approve the single-year recurring contracts in an amount not to exceed
$15,679,516 for Fiscal Year (FY) 2021/22;
2) Approve the recurring multi-year contracts for specialized services on long-
term projects in an amount not to exceed $1,373,967 in FY 2021/22 and
$2,801,989 in FYs 2022/23 – 2025/26; and
3) Authorize the Chair or Executive Director, pursuant to legal counsel review,
to execute the agreements on behalf of the Commission.
8H. QUARTERLY PUBLIC ENGAGEMENT METRICS REPORT, JANUARY-MARCH 2021
Receive and file the Quarterly Public Engagement Metrics Report for January-
March 2021.
8I. STATE AND FEDERAL LEGISLATIVE UPDATE
Receive and file an update on state and federal legislation.
8J. 91 EXPRESS LANES MONTHLY STATUS REPORTS
Receive and file the 91 Express Lanes Monthly Reports for the three months from
January to March 2021.
8K. AMENDMENTS TO ON CALL PURCHASE AGREEMENTS FOR 6C TRANSPONDERS
1) Approve the amendments to the following 6C transponder provider
agreements for an additional four years with no additional cost
authorization:
a) Agreement No. 18-31-094-01, Amendment No. 1 to Agreement
No. 18-31-094-00, with Kapsch TraffficCom USA, Inc.; and
b) Agreement No. 18-31-161-02, Amendment No. 2 to Agreement
No. 18-31-161-00, with Neology, Inc.;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review,
to execute the agreements on behalf of the Commission; and
3) Authorize the Executive Director, or designee, to execute purchase orders
awarded to the contractors under the terms of the agreements.
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8L. READOPTED AND REAFFIRMED THE 15 EXPRESS LANES TOLL POLICY GOALS AND
TOLL POLICIES
Adopt Resolution No. 21-012, “Resolution of the Riverside County Transportation
Commission Reaffirming and Readopting the Amended and Restated Interstate 15
Express Lanes Toll Policy Goals and Toll Policies and Ratifying Actions in the
Furtherance of the Policy”.
8M. STATE ROUTE 71/STATE ROUTE 91 INTERCHANGE IMPROVEMENT PROJECT FOR
CONSTRUCTION MANAGEMENT SERVICES, CONSTRUCTION AND
MAINTENANCE, AND COOPERATIVE AGREEMENTS
1) Award Agreement No. 21-31-012-00 to Falcon Engineering Services to
provide construction management (CM), materials testing, construction
surveying and environmental monitoring services for the State Route (SR)
71/SR-91 (71/91) interchange improvement project (Project) in the
amount of $16,756,467, plus a contingency amount of $1,443,533, for a
total amount not to exceed $18,200,000;
2) Approve Agreement No. 21-31-091-00 for the Project construction and
maintenance (C&M) agreement with BNSF Railway in the amount of
$1,957,727, plus a contingency amount of $195,773, for a total amount
not to exceed $2,153,500;
3) Approve Agreement No. 21-31-067-00, a cooperative agreement between
the Commission and Caltrans, that defines the roles and responsibilities for
Project construction at no cost to the Commission;
4) Authorize the Chair or Executive Director, pursuant to legal counsel review,
to finalize and execute the agreements on behalf of the Commission; and
5) Authorize the Executive Director, or designee, to approve contingency
work up to the total not to exceed amount as required for these services.
8N. AMENDMENT TO COOPERATIVE AGREEMENT WITH THE CITY OF PERRIS AND
AMENDMENT TO AGREEMENT WITH T.Y. LIN INTERNATIONAL FOR THE
INTERSTATE 215/PLACENTIA AVENUE INTERCHANGE PROJECT
1) Approve Agreement No. 16-31-066-06, Amendment No. 6 to Agreement
No. 16-31-066-00, with T.Y. Lin International (T.Y. Lin) for design support
during construction of the Interstate 215/Placentia Avenue Interchange
project (Project) in the amount of $257,285, plus a contingency amount of
$25,728, for an additional amount of $283,013, and a total amount not to
exceed $5,454,198;
2) Approve Agreement No. 19-31-044-01, Amendment No. 1 to Agreement
No. 19-31-044-00, with the city of Perris (City) for storm drain
improvements on Placentia Avenue and street and signal improvements at
the Placentia Avenue and Indian Avenue intersection for the Project for an
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additional Commission contribution of $1,081,157 and a total Commission
contribution not to exceed $1,231,157;
3) Authorize the Chair or Executive Director, pursuant to legal counsel
review, to execute the agreements on behalf of the Commission; and
4) Authorize the Executive Director, or designee, to approve contingency
work up to the total not to exceed amount as required for the design
support services.
8O. POLICY UPDATE ON THE USE OF STATE TRANSIT ASSISTANCE FUNDING BY
OPERATORS
Adopt Resolution No. 21-011, “Resolution of the Riverside County Transportation
Commission Regarding the Policy for Use of State Transit Assistance Funding by
Transit Operators”.
8P. ADOPTION OF RESOLUTION NO. 21-009 TO BECOME THE ACCESS FUND
ADMINISTRATOR FOR THE TRANSPORTATION NETWORK COMPANIES ACCESS
FOR ALL PROGRAM
1) Adopt Resolution No. 21-009, “A Resolution of the Riverside County
Transportation Commission Authorizing the Execution of the Certification
to Serve as the Local Access Fund Administrator (LAFA) for the Access for
All Program for the County of Riverside”; and
2) Authorize the Executive Director or designee, pursuant to legal counsel
review, to execute agreements and/or documents related to the
Transportation Network Companies (TNC) Access for All program on behalf
of the Commission.
8Q. AMENDMENT TO CITY OF BANNING’S FISCAL YEAR 2020/21 SHORT RANGE
TRANSIT PLAN
1) Approve an amendment to the city of Banning’s (City) FY 2020/21 Short
Range Transit Plan (SRTP) to reflect the operating shortfalls in FY 2019/20
and FY 2020/21 and increase the Local Transportation Fund (LTF) operating
allocation in the net amount of $597,039;
2) Approve the reprogramming of $134,213 of State Transit Assistance (STA)
from capital assistance to operating assistance for the City for FY 2019/20
operating expenses;
3) Approve the reprogramming of $135,000 of LTF from the Comprehensive
Operational Analysis (COA) capital assistance to operating assistance for
FY 2020/21 operating expenses;
4) Approve an additional FY 2020/21 LTF allocation of $217,039 to the City
for FY 2019/20 operating expenses; and
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5) Approve an additional FY 2020/21 LTF allocation of $380,000 to the City
for FY 2020/21 operating expenses.
8R. AMENDMENT TO RIVERSIDE TRANSIT AGENCY’S FISCAL YEAR 2020/21 SHORT
RANGE TRANSIT PLAN
1) Amend the Riverside Transit Agency’s (RTA) Fiscal Year (FY) 2020/21 Short-
Range Transit Plan (SRTP) to include the Meals on Wheels program in the
Operating Budget; and
2) Approve an allocation of $175,000 of 2009 Measure A Western County
specialized transit funding for the Meals on Wheels program.
8S. FISCAL YEAR 2021/22 SHORT RANGE TRANSIT PLAN UPDATES AND TRANSIT
FUNDING ALLOCATIONS
1) Approve the Fiscal Years 2021/22 – FY 2023/24 Draft Short Range Transit
Plans (SRTPs) for the cities of Banning (Banning), Beaumont (Beaumont),
Corona (Corona), and Riverside; Palo Verde Valley Transit Agency (PVVTA);
Riverside Transit Agency (RTA); SunLine Transit Agency (SunLine); and the
Commission’s FY 2021/22 – 2025/26 SRTP for the Rail and Vanpool
Programs;
2) Approve Fiscal Year 2021/22 Transit Operator Funding Allocations of
2009 Measure A, Local Transportation Funds (LTF), State Transit Assistance
(STA), and State of Good Repair (SGR) for Banning, Beaumont, Corona, and
Riverside; PVVTA; RTA; SunLine; and the Commission’s Rail and Vanpool
Programs aggregating $107,217,986;
3) Adopt Resolution No. 21-008, “Resolution of the Riverside County
Transportation Commission to Allocate Local Transportation Funds and
State Transit Assistance Funds For the Fiscal Year 2021/22”; and
4) Direct staff to add the federally funded and regionally significant projects
into the Federal Transportation Improvement Program (FTIP).
8T. FISCAL YEARS 2021/22 – 2025/26 MEASURE A FIVE-YEAR CAPITAL
IMPROVEMENT PLANS FOR THE LOCAL STREETS AND ROADS PROGRAM
Approve the Fiscal Years 2021/22 – 2025/26 Measure A Five-Year Capital
Improvement Plans (CIP) for Local Streets and Roads (LSR) as submitted by the
participating agencies.
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8U. FISCAL YEAR 2021/22 MEASURE A COMMUTER ASSISTANCE BUSPOOL SUBSIDY
FUNDING CONTINUATION REQUEST
1) Authorize payment of the $2,350/month maximum subsidy per buspool
for the period July 1, 2021 to June 30, 2022, to the existing Riverside I
buspool; and
2) Require subsidy recipients to meet monthly buspool reporting
requirements as supporting documentation to receive payments.
9. APPROVAL OF METROLINK OPERATING AND CAPITAL SUBSIDIES FOR FISCAL YEAR
2021/22 AND RELATED MEMORANDUM OF UNDERSTANDING
Sheldon Peterson, Rail Manager, expressed appreciation to RCTC’s Metrolink Board
Representatives that have done a fantastic job during a very challenging year. He then
presented the annual Metrolink Budget update, highlighting the following areas: RCTC &
Metrolink; FY 21 highlights; ridership decline by Metrolink Line; COVID-19 recap; ridership
recovery scenarios December 2020 update; FY 22 highlight goals; and financial impact.
Commissioner Hoffman expressed appreciation for the optimism on getting the ridership
back up and expressed caution that everything he reads says it is going to be slow for
people to go back to their offices. He suggested when these budgets are being done that
it may not be done in 12 months, it may be a prolonged time as people get back on their
trains heading from Riverside County to Orange County and Los Angeles County as this
new normal and they should look at this as a long-term investment.
Commissioner Berkson stated as one of the Metrolink representatives for RCTC he
wanted to provide some thoughts on this issue with Metrolink. He explained the idea in
concept of Metrolink is to get vehicles off the road and reduce emissions and they do that
very well with the new Tier 4 Locomotives. There are 40 units total that have been
delivered and are now at Metrolink, the last unit should be in revenue service in the next
month or two. Commissioner Berkson stated Metrolink almost daily looks at the number
of passengers on every train and there is a new part of the App that allows people to see
how many people are on a train to decide if they want to ride that train or wait for another
one. The hardest challenge aside from the pandemic this last year was the unfortunate
news that Stephanie Wiggins, Metrolink’s CEO, left Metrolink as well as the Board
Secretary and moved on to LA Metro. He explained as Sheldon Peterson mentioned, they
are in the application process for Metrolink’s new CEO and the beginning of July there will
be a closed session meeting for interviews of the top contenders. Commissioner Berkson
expressed hopefully they can find somebody that will be able to carry the torch of Ms.
Wiggins, as she made major changes in her year and a half. He wanted to bring up these
points to let everybody know that does not have all that insight that the four
representatives representing RCTC as Metrolink Board Members have.
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Commissioner Lisa Middleton concurred with Commissioner Berkson’s comments and
stated as a new alternate to the Metrolink Board she expressed appreciation to
Commissioners Berkson and Spiegel who are RCTC’s voting representatives and they have
been outstanding in their representation of the County. She referred to Commissioner
Hoffman’s comment about raising the issue of how long it is going to take before
individuals start returning to the workplace and the kind of numbers that were historic
and stated the future of rail in Southern California needs to be not solely linked to
transportation of individuals to and from work. They need to start thinking about how
they use the rail network as an opportunity for individuals to be used when they are
recreating and going to various events and suggested that their system today should be
set up in the way that they need to do to be able to be a transportation network that gets
people from Riverside County to Orange, Los Angeles, and San Diego Counties and in the
other directions as well that people go to on the weekends. Commissioner Middleton
referred to the traffic in Corona and stated how much of that traffic could be improved if
more individuals could ride the train to the beaches and other events they are going to.
Commissioner Speake expressed appreciation for the money that RCTC is putting into this
as it is very important and noted just based on the vehicle miles traveled (VMT) and the
way SB 743 is going to affect transportation agencies and the counties in California in how
they build projects. He referred to Commissioners Berkson’s and Middleton’s comments
and stated light rail is the future and they need to push hard to identify where to find
funding, put these plans in place, and in places they do not currently have it. He stated
Commissioner Middleton made a great point about how many cars they can get off the
road and he always goes back to talking to one of the transportation engineers that told
him that each lane of traffic on the freeway holds about 2,200 cars an hour before it
breaks down. Commissioner Speake noted if they start allocating those 2,200 people
onto trains, they are going to need more trains and have more trains in places that they
do not currently have them. He explained I-15 has received a lot of attention lately and
in discussions with Caltrans Headquarters with the VMT folks and the representatives’
office for SB 743 telling them that having to mitigate large amount of mitigation millions
and millions of VMT on I-15 is literally almost impossible. He stated if they were going to
build just an additional general-purpose lane or the proposed southern extension that
was going to go all the way to Temecula there is anywhere from 250 million to 300 million
VMT. He stated the person he was speaking to at the time said well where is the public
transportation and he replied if he wants to go to Temecula he has to get in his car as
there are no choices, there is no bus or train, and in fact they have an idea but there is no
plan. He suggested at the way the state and the federal government are moving on
infrastructure they need to have something to expand upon what they are doing.
Commissioner Speake express they have done great things so far, the history RCTC has
with LA Metro and working together with them, they need find ways to expand those
kinds of systems. He concurred with Commissioner Hoffman that it will take some time,
but it is going to come back. He stated having this conversation with the state as well,
when are they going to start telling people that the freeways are not going to get better.
He stated as Anne Mayer noted many times, they cannot build their way out of this and
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suggested the public needs to realize that it is not going to get better and they need to
have other options whether it is living where you work, working where you live, and
looking at public transportation. He expressed they are not going to see additional large-
scale improvements, general purpose lanes, or toll lanes and try to figure out what the
VMT mitigation is going to be as they have an uphill battle and the sooner they can get
ahead of this and try to find ways to plan and then find money the better it is going to be
for everyone.
Commissioner Jeff Hewitt stated he is the biggest skeptic here on anything rail obviously
with what happened with COVID-19 they were starting to get a few riders, but then it
really went back. He explained being in Chicago this last weekend, he rode the L from
O’hare to downtown, there were 17 stops, and he bought a $5.00 ticket as Uber would
have cost $70.00 and taken longer due to the congestion on the freeway. He concurred
with Commissioner Middleton’s comments and stated they need to look at more than
just commuters going into work and look at all the opportunities not just in Coachella
Valley, but all over Southern California. Also, connecting to airports, the ports, and
everything else better than they already do. He realizes Chicago Transit Authority is a
little bit different then LA Metro or Metrolink, but he sees some hope and he had a really
good experience, but they need to work on getting the real skeptics like him.
Commissioner Russell Betts stated to make the rail attractive for people they have to
know that they can get where they are going to go once they have gotten on the train and
gotten off it, for example to a store and to do it easily. He explained spending 10 years in
China, and he drove maybe 1,200 miles in a car during that time and everywhere he went
it was by a taxi or a train, every method of transportation possible. He even had gone 90
miles from the city of Wushe down to Shanghai to buy a computer and he explained how
simple it was by taking a taxi, a train, a bus, and the subway to get his computer and it
was all because he knew he could make that trip. He suggested as they start to look at
rail, they have to look at not just getting somebody from Desert Hot Springs to Corona,
but from Corona to their actual destination that they want to go and if they do not put
that piece of puzzle in place the public will say they need their car. He concurred with
Commissioner Middleton’s comments that they cannot just rely on it for work they have
to start relying on it for these other purposes if very important.
Marven Norman expressed appreciation for having the ability to comment, he concurred
with several of the Commissioners’ comments, and stated it is good that RCTC is standing
strong with Metrolink. As it has been noted the train has to move to be more reliable and
accessible for people and he is aware that RCTC is working on several projects to improve
that. He mentioned Metrolink’s Southern California Optimized Rail Expansion (SCORE)
program, which will also if it is fully funded and implemented move forward in that
direction by putting up trains that is a half hour frequency on some lines in Riverside
County were in 15 minute frequencies and at that rate it gets to be a useful system and
people will not have to look at a schedule because they know there is going to be a train
coming up every few minutes. The other thing it will take and there is research showing
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that when people have access to the train especially at the ends by biking and walking
and other micro mobility options when those options are easy in many cases it is as fast
as driving. He is aware RCTC has their traffic relief plan from last year and looked at some
of those bike projects and RCTC is working on the Santa Ana River Trail but suggested
making more of an effort with Metrolink to develop a first mile last mile plan that focuses
on getting people an easy trip down to the train station. He stated in previous years RCTC
had several studies on expanding rail service down to Temecula both down the I-15 and
I-215 corridors and both of those are also potential alignments for the California high-
speed rail (HSR). He suggested given that those are potential alignments it would be
useful to start getting the professional authority to move the planning efforts for phase 2
forward so that if RCTC is making investments in those corridors it can be investments
that are going to be enhanced by HSR.
Commissioner Molina stated in the city of Calimesa another council member and herself
have for the last five years been taking it upon themselves just to what everybody is saying
it is all about connections. She explained they take and offer trainings to individuals, they
travel with them to the transportation hubs, teach them how to use their smart phone,
how to load Apps, how to check when their train or bus is coming, and how to keep an
additional charger for their phone. Some of the Metrolink trains have charging centers
and some of them do not, the bathrooms are clean, they actually show them how to make
connections and using the bus system, and how to get back. Commissioner Molina stated
going in one direction there are all the cost savings of going from bus to Metrolink, to
Metro rail and even the downtown buses that go in the same direction they go to all the
little cultural communities in L.A., to Dodger games, the music center, and then how to
get back. The city of Calimesa just lost the transportation line through their city so they
will just have to amend indicating where the bus lines are that connect to the hubs, but it
is something that is simple and if they manage their time, it is an option not to take a car.
She asked if anybody wants to have information on what they do she can provide it but it
works, and it is getting people out of their car and into mass transportation.
Anne Mayer stated this is a terrific conversation and that is why staff wanted to bring this
as discussion item to this Commission. She congratulated and expressed how proud they
are of Stephanie Wiggins for becoming the Chief Executive Officer of LA Metro, it is a huge
accomplishment. Ms. Wiggins is now leading one of the largest transportation agencies
in the country and they are always proud of their RCTC alumnus Stephanie Wiggins. She
explained Ms. Wiggins and the Metrolink Board did such a great job over the past year of
managing through this crisis as it was mentioned it is going to take a couple of years to
come back, but there is a concentrated effort not only amongst the Metrolink staff but
also the staff from the member agencies who do everything they can to get Metrolink
back on track and to bring riders back in a way they feel safe. Also, to ensure to continue
to provide transportation options for people. Ms. Mayer stated everything the
Commissioners and Mr. Norman have said about the future of rail is really important and
they are currently updating the Rail Strategic Plan and will bring it back to the Commission
at the end of this year for further discussion. As always in Riverside County rail and
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expansion of rail whether it is about the expansion out to Hemet-San Jacinto, which RCTC
bought all that right of way a couple of decades ago, or it is out to the I-15 and I-215
corridors, or out to the Coachella Valley there has always been keen interest in it. It is
simply a matter of money and it can be done, and they are positioned well, the Coachella
Valley-San Gorgonio Pass Rail study that is out now they could not be at a more perfect
point in time in terms of seeking funding for the next phases of that. The Metrolink Capital
program called SCORE which has additional capital investments will really make a
difference, but there is the operating money needed too. There are a lot of plans in place
and the timing seems to be looking good for future investments of other people’s money,
but expressed it is really a matter of where they can make strategic investments and how
can they try to make sure that rail service is a viable option for the residents of Riverside
County whether it be for commuting or for personal use. It is exciting because now it the
time to start having conversations about rail and they will have to be really aggressive and
really engaged in conversations about rail funding at both the state and federal level.
Chair Harnik stated undoubtedly this is going take a shift in thinking, if they keep doing
the same things it is not going to take on the popularity as it has. She concurred with
what Commissioner Molina had said about introducing people to the process and
providing them with a level of comfort.
At this time, Commissioner Jeremy Smith left the meeting.
M/S/C (Reed/Benoit) to:
1) Receive and file a report on highlights from the Southern California
Regional Rail Authority’s (SCRRA) services;
2) Approve the Fiscal Year 2021/22 SCRRA operating and capital budget,
which results in an operating subsidy of $21,474,584 and capital subsidy
of $4,293,459 for the Commission; and
3) Authorize the Executive Director to finalize and execute Memorandum
of Understanding (MOU) No. 21-25-093-00 with SCRRA regarding annual
funding, including subrecipient matters related to pass-through of
federal funding.
At this time, Commissioner Jeffries left the meeting.
10. FISCAL YEAR 2021/22 TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 (SB 821) CALL
FOR PROJECTS – PROJECT RECOMMENDATIONS
Jenny Chan, Planning and Programming Manager, provided an overview for the
FY 2021/22 Transportation Development Act Article 3 Call for Projects and then a map
was displayed that shows the locations of the 15 projects being recommended.
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M/S/C (Zimmerman/Fitzpatrick) to approve the Fiscal Year 2021/22
Transportation Development Act Article 3 Bicycle and Pedestrian Facilities
program (SB 821) recommended project allocations in the amount of
$4,327,472.
11. ITEM(S) PULLED FROM CONSENT CALENDAR FOR DISCUSSION
There were no items pulled from the Consent Calendar.
12. COMMISSIONERS/EXECUTIVE DIRECTOR’S REPORT
12A. Commissioner Speake expressed that himself on behalf of his colleagues, the city
of Corona they do not condone and completely condemn any threats of violence
in any way and they are always looking for solutions, which needs to be conveyed
to the Commission and staff. He referred to Council Member Steiner’s comments
and reiterated that frustrations with the tolling exit at Cajalco and the associated
chaos has reached a fever pitch as the Commissioners heard. There are backups
on the I-15 regularly backed up for about two miles usually between the Magnolia
and Ontario exits. The commute time usually begins around 4:00 p.m. and it ends
around 7:00 p.m. with associated back up on city streets as commuters from the
south try to get home. He stated the new condition with the toll lanes going
through the commuter time begins at 3:00 p.m. and it frequently extends passed
8:00 p.m. Monday through Friday with backup going regularly back to the SR-91
interchange. Lately, as Council Member Steiner noted they are now seeing insane
amounts of traffic on the weekends but with the added bonus they also have a
pretty large toll. He explained this was not expected as it was brought up at the
last Commission meeting RCTC built half a project because of funding and the
traffic modeling showed this shift in bottleneck would get shifted back to Cajalco
just as the partially built SR-91 Project, those issues now are being slowly
corrected with the budget the Commission just adopted. He stated lots of projects
will help fill those gaps with just a couple things outstanding, the eastbound
SR-91 between SR-241 and SR-71 and the improvements that will be east of I-15
on SR-91. He expressed appreciation to the Commissioners for continuing to
invest in the corridor not as a representative for the city of Corona, but as a
Commissioner for all RCTC and a commuter and a resident that wants to see the
mobility of Western Riverside County work for everyone. The $2 billion invested
in these corridors was not for the city of Corona it is for the region as these two
corridors bring billions and billions of dollars in salaries and revenues to Riverside
County, not just Corona. He had requested city staff to work on getting some
videos and heat maps together to show how the issues they have on I-15 have
impacted city streets and some solutions. He stated being solution oriented back
before he was elected with a small group of people. He understands these
questions cannot be addressed today and asked about the toll policy is there a
limit on how high the tolls can go on the southbound I-15, and how is RCTC
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communicating this to the public. He used an $11.00 toll or a $7.00 toll between
Ontario and Cajalco as an example and asked what people understand that to
mean. Commissioner Speake noted bringing this up in past meetings about a
potential bill on the truth in tolling that tells people how much money they are
going to save, how much money they are going to spend, how much time they are
saving and be honest with people. He stated as part of the SR-91 Project there
was a discussion about what level could tolls rise in order to divert people out of
the toll lanes and he thought it was around $3.00 to $4.00 per mile that once it hit
that range it did not matter anymore people were going to go into the toll lanes
regardless of the price, and they have certainly exceeded that on the I-15. He
requested to discuss placing a limit on the tolls in this section as he does not want
to eliminate them as they are part of the toll policy and they should have those
but find a way to limit those. He expressed they have created this with the project
that they built, and they need to find a way that they can still capture revenue to
push these projects forward but at the same time be honest with people. One of
the questions he asked Anne Mayer before was have they compared the travel
times and heat maps of pre-project opening to what was projected in the original
traffic study and it is not the same and it would be good to share this information
with the public. He noted it goes back to Chair Harnik’s comments about
communicating these facts as they are important. They know that this project was
extensively modeled, they have this data, and they need to share it, but he knows
they did not study what the impacts would be to city and county streets in this
area. Commissioner Speake stated Commissioners Jeffries, Spiegel, and himself
receive a lot of calls and the more information they can give them the better. He
suggested he will engage people on social media to lower the temperature and
provide those facts of what RCTC is doing. He is aware that RCTC and staff is
working very diligently on finding some alternative striping plans and finding some
way to mitigate this. He asked about the status of the I-15 Corridor Operations
project, how soon, what can they do, what are the sticky points, is there a
legislative fix to exempt this project to get this to move forward. He tells people
it is funded, it is in planning, it was approved last year, but the big question is
when. He would prefer to find a way to show that they are pushing this forward
as fast as they can and whatever options that they can. As part of the I-15 Ad Hoc
Committee he had asked for a future conversation about discussing the rail fixes
that they are talking about as the world is changing, they need to change and be
nimble and be able to identify how to best find money at the state and federal
level. He suggested to push some of these alternative projects to take advantage
of what SB 743 has given them and what federal transportation bills that are
coming down the pike and the way the federal government are looking at
greenhouse gas emissions, and how they handle and mitigation those. He
reiterated they need to be honest to people and tell them that the toll lanes are a
temporary fix unless people change their behavior, getting on alternative
transportation or finding work closer to home it is not going to get better. He
stated working with Riverside County EDA and the city to try to find some pilot
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Page 19
projects to do some recruiting although that is not part of this Commission,
however the economic development portion of getting people to work where they
live will lessen the impacts on transportation and they still should be a part of the
discussion. Lastly, he had sent an email to the I-15 Ad Hoc Committee Members
that the city of Corona back in 2019 adopted a resolution and RCTC took this
forward to Caltrans to address the operational lane drop issues on the I-15 and he
expressed appreciation to Michael Beauchamp, Caltrans District 8 and Caltrans for
taking that forward and studying it and agreeing that there were issues and there
were things that can be done as part of the SHOPP project and there was a corridor
operations study they did back in 2020. He asked for help from the I-15 Ad Hoc
Committee Members and RCTC to help push this forward to make it become a
project. Caltrans has identified it as a need but without having a project they
cannot find funding and the state has put $2 billion into the SHOPP program for
this coming fiscal year. The sooner they can identify this as a project and get
Caltrans to help fund this project and he is not suggesting that RCTC fund this
because the $2 billion and soon to be $2.5 billion that the taxpayers in Riverside
County have paid for improvements in this area is enough and it is time for the
state and some others to pitch in to get these things done.
Commissioner Hoffman concurred with Commissioner Speake’s comments as he
too heard Council Member Steiner’s comments about Corona and his fellow
council members to the south of Norco as he is aware of the traffic issues. He
noted on Sunday for example it took him an hour to drive on the I-15 to go 18
miles south from Norco to Indian Truck Trail and that bottleneck that they have
created and the short-tempered drivers getting off those routes it makes it even
worse. It took him two and a half hours to drive to Temecula on Friday and he left
mid-day or late morning, so it is a mess. He does not agree with trying to change
the toll, but they do need to make some corrections and some adjustments to it,
because it is not done. He noted in the budget RCTC plans on getting $21 million
in funds from that for next year’s budget from the I-15 toll and those monies they
need to pay for their expenses, but he concurred with Commissioner Speake at
what cost. These people are upset his folks in his community are upset because
of the delays trying to get up and down I-15 and suggested they need to think
about their transportation methods and how to get there. He grew up in Riverside
County and in the 1950’s there was 200,000 people in Riverside County today
there is over 2.5 million people. He expressed they have created this mess
essentially making things grow fast so now they have to pay for that and if it means
putting trains in or some sort of a rail system, they are behind it and it should have
been years ago.
Commissioner Steven Hernandez noted it seems like this is the time where
everybody is asking for a project and he clarified that they have a lot of priorities
as well in the east end and it is important that they balance their priorities. Every
single one of their areas needs things and their communities are frustrated and
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Riverside County Transportation Commission Meeting Minutes
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Page 20
asking to get it fixed and they have waited patiently. He stated certainly Corona
has gotten over $2 billion worth of project improvements and there are a lot of
areas as well that need them, how they balance things, look at how to create more
equity throughout their county, and not necessarily ship people out of the county
but keep them in is what he is interested in discussing.
12B. Anne Mayer announced:
• Last Friday the House Transportation and Infrastructure
Committee Chair Peter DeFazio released his five-year $547 billion
Surface Transportation Reauthorization bill called the Investing in
a New Vision for the Environment and Surface Transportation in
America (INVEST in America Act). The act directs federal
investments in roads, bridges, transit, and rail. Included in the bill
language is increasing the competitiveness of grade separations for
federal funding, ensuring RCTC and other self-help counties in
California are eligible to compete for new grant funding programs.
There were a lot of ideas and suggestions being made today all of
which will require a great deal of money so RCTC needs every
penny they can get from as many of the other sources as possible,
because RCTC does not have a budget for that.
• Previously they had reported to the Commission that they have
been advocating for earmark funding and submitted federal
earmark requests totaling $50.5 million and on Monday they found
out that two of their requests were added to the INVEST Act. $20
million for the I-15 Next project, which is the extension of the
express lanes north and a partnership project with the County of
San Bernardino that was submitted by Representative Mark
Takano; and $3 million for the I-15 Corridor Operations project that
was submitted by Congressman Ken Calvert. There are still several
steps to go before this funding is approved but they are one step
closer and are very appreciative that these projects made it into
the first draft of the INVEST Act. She provided the other three
Riverside County projects and the dollar amounts. She
congratulated the teams that worked hard to help get these
projects in the first draft and their goal is to try to make sure that
money stays in the Act all the way to the end until it gets
authorized.
12C. Chair Harnik expressed believing that there is not anyone who
participates in these meetings who condones any violence or
anger, but as leaders it is incumbent upon them that they have to
be honest with their communities. They have to encourage calm
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Page 21
and civility so they can get to the solutions. She stated they all
come to this meeting to do their best work representing for all of
their communities and she expressed appreciation for their time
and contributions today.
13. ADJOURNMENT
There being no further business for consideration by the Riverside County Transportation
Commission, Chair Harnik adjourned the meeting at 11:18 a.m. The next Commission
meeting is scheduled to be held at 9:30 a.m., Wednesday, July 14, 2021, via Zoom.
Respectfully submitted,
Lisa Mobley
Clerk of the Board
21
AGENDA ITEM 6B
Agenda Item 6B
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: July 14, 2021
TO: Riverside County Transportation Commission
FROM: Budget and Implementation Committee
David Knudsen, Interim External Affairs Director
THROUGH: Anne Mayer, Executive Director
SUBJECT: State and Federal Legislative Update
BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION:
This item is for the Commission to receive and file an update on state and federal legislation.
DISCUSSION:
State Update
On June 14, 2021, the State Legislature passed a $267 billion state budget, meeting the
constitutionally mandated timeline but still needing to work with Governor Newsom on a final
budget deal to determine program impacts and the final specific allocations for many budget
items. The California Constitution requires that lawmakers pass a budget by June 15, 2021 or face
pay suspensions. The Legislature can continue negotiating with the Governor through the July 1
start of the fiscal year.
The transportation elements in the budget—passed by legislators along party lines—in many
ways reflect priorities in Governor’s budget proposal, including:
• $1 billion to deliver critical projects for completion by 2028 for the Olympic Games.
• $1 billion for transit and rail projects statewide that improve rail and transit connectivity
between state and regional/local services.
• $500 million to advance projects that increase active transportation.
• $500 million to support critical safety improvements throughout the state.
• $2 billion in special funds and federal funds for streets, roads, and highway projects.
• $400 million for a State and Local Transportation Climate Adaptation program.
The Governor unveiled his revised budget proposal of $267.8 billion on May 14, 2021, which was
an increase from his initial $227 billion proposal in January. This proposed spending level was a
result of the unprecedented $75.7 billion surplus and $27 billion in federal relief approved in
March.
22
Agenda Item 6B
Federal Update
House Surface Transportation Reauthorization Bill in Key Committee
On June 10, 2021 the House Transportation and Infrastructure (T&I) Committee passed its
version of the surface transportation reauthorization legislation, the INVEST in America Act. RCTC
was successful in ensuring the inclusion of language in this year’s version of the legislation that
makes RCTC eligible to compete for discretionary grants in areas such as carbon reduction,
resiliency, and freight movement and mitigation.
In addition to the proposed eligibility language being included in the bill, there are also two
earmarks included at the request of RCTC:
• $20 million for the I-15 NEXT project, submitted by Representative Mark Takano
• $3 million for I-15 Corridor Operations Project, submitted by Representative Ken Calvert
The full House of Representatives is scheduled to consider the legislation the week of
June 28, 2021.
The Senate Commerce, Science and Transportation (Commerce) Committee released its surface
transportation reauthorization bill in mid-June. Recall that there are three Committees in the
Senate with jurisdiction over surface transportation policy. The Senate Commerce Committee
handles safety, commuter rail, and Amtrak policy and funding issues. RCTC is closely monitoring
this legislation for grant program funding opportunities.
RCTC legislative affairs staff is working with Representative Dr. Raul Ruiz’s office on legislative
language that may help ensure eligibility for discretionary grant funding to advance the Coachella
Valley-San Gorgonio Pass Rail Corridor project.
Infrastructure Package Negotiations
The Biden Administration continues to negotiate with the Senate as it relates to a broad
infrastructure package. Discussions have shifted to a group of 10 bipartisan Senators. While few
details of any specific proposals have been made public, the goal is to develop a bipartisan
infrastructure package that can be advance through the regular legislative process.
H.R. 972 – The Western Riverside County Wildlife Refuge Bill
On February 12, 2021, Representative Ken Calvert introduced H.R. 972, a bill to establish the
Western Riverside County Wildlife Refuge. With Representative Mark Takano as an original
cosponsor of the bill, this bipartisan legislation creates the federal government's framework to
meet its obligations under the Multiple Species Habitat Conservation Plan (MSHCP)
Implementing Agreement.
23
Agenda Item 6B
This legislation would:
• Establish the boundary for a new wildlife refuge;
• Allow for the immediate inclusion of non-federal conservation lands that have already
been acquired to meet the terms of the MSHCP;
• Provide certainty for development of the transportation infrastructure required to meet
the future needs of southern California;
• Create new public access and enhance recreation for the entire region; and
• Create a mechanism for federal agencies to inventory lands within the Refuge established
by this legislation to determine their suitability for inclusion.
The federal government was a principal partner in establishing the MSHCP and agreed to acquire
one-sixth of the Plan’s wildlife reserve acres. A wildlife refuge will enhance the partnership with
the federal government to meet and fulfill the shared vision of aligning environmental
conservation, infrastructure, and economic growth in western Riverside County. By establishing
the Wildlife Refuge, H.R. 972 will enable the U.S. Fish and Wildlife Service to fulfill its obligation
as a partner in the MSHCP.
Chair Jan Harnik signed a letter supporting H.R. 972 on June 11, 2021, based on the Commission’s
2021 adopted State and Federal Legislative Platform.
Supporting this legislation is in alignment with the adopted 2021 State and Federal Legislative
Platform, including:
Environment
• Support efforts or initiatives that expedite the approval of Habitat Conservation
Plans or Special Area Management Plans for transportation projects.
On June 15, 2021, Chair Harnik authored with the Western Riverside County Regional
Conservation Authority Chair Natasha Johnson and Representative Ken Calvert a Press-Enterprise
Op-Ed, which communicated the importance of establishing a wildlife refuge in Western
Riverside County and its contribution to transportation infrastructure development in the region.
Attachments:
1) Legislative Matrix
2) H.R. 972 Support Letter
3) Western Riverside County Wildlife Refuge Press-Enterprise Op-Ed
24
RIVERSIDE COUNTY TRANSPORTATION COMMISSION - POSITIONS ON STATE AND FEDERAL LEGISLATION – JUNE 2021
Legislation/ Author Description Bill Status Position Date of Board Adoption
AB 1499 (Daly) Removes the January 1, 2024 sunset date for Department of
Transportation and regional transportation agencies to use the design-
build procurement method for transportation projects in California.
Referred to Assembly
Transportation Committee
June 16, 2021
SUPPORT April 14, 2021
SB 623 (Newman) Clarifies existing law to ensure toll operators statewide can improve
service to customers and enforce toll policies while increasing privacy
protections for the use of personally identifiable information (PII).
Hearing canceled at the
request of author
April 26, 2021
SUPPORT
Staff action based on platform
April 5, 2021
SB261 (Allen) This bill would require that the sustainable communities strategy be
developed to additionally achieve greenhouse gas emission reduction
targets for the automobile and light truck sector for 2045 and 2050 and
vehicle miles traveled reduction targets for 2035, 2045, and 2050
established by the board. The bill would make various conforming
changes to integrate those additional targets into regional transportation
plans.
Senate Transportation
Committee - hearing
postponed by committee.
April 27, 2021
OPPOSE May 12, 2021
FederalHR 972 (Calvert) This bill establishes the Western Riverside County Wildlife Refuge which
would provide certainty for development of the transportation
infrastructure required to meet the future needs of southern California.
Referred to the
Subcommittee on Water,
Oceans, and Wildlife
March 8, 2021
SUPPORT
Staff action based on platform
June 11, 2021
ATTACHMENT 1
25
June 11, 2021
The Honorable Ken Calvert
U.S. House of Representatives
2205 Rayburn House Office Building
Washington, DC 20515
Re: Support H.R. 972
Dear Representative Calvert:
The Riverside County Transportation Commission (RCTC) supports H.R. 972, which establishes the Western Riverside
County Wildlife Refuge (Wildlife Refuge). In January 2021, RCTC became the managing agency for the Western Riverside
County Regional Conservation Authority (RCA). The RCA was formed with the establishment of the western Riverside
County Multiple Species Habitat Conservation Plan (MSHCP), a 500,000-acre wildlife preserve that provides habitat for
146 species of plants and animals, in 2004. H.R. 972 is a welcome and critical addition to our land acquisition efforts to
complete the MSHCP.
As one of the nation’s largest habitat conservation plans, the MSHCP strengthens the sustainability and quality of life in
western Riverside County by providing a streamlined process that permits development projects, while protecting natural
resources and improving air quality. The MSHCP provides Endangered Species Act coverage under a single permit for
critical wildlife areas, which helps accelerate the construction of freeway and road projects. The MSHCP also helps to
expedite commercial, industrial, and residential development to support population and economic growth in our region.
A wildlife refuge in western Riverside County will enhance our partnership with the federal government to meet and
fulfill the shared vision of aligning environmental conservation, infrastructure, and economic growth. By establishing the
Wildlife Refuge, H.R. 972 will enable the U.S. Fish and Wildlife Service to fulfill its obligation as a partner in the MSHCP.
Thank you for your leadership in sponsoring this bill. Should you have any questions, please reach out to Anne Mayer,
Executive Director, at (951) 787-7141.
Sincerely,
Jan Harnik
Chair
CC: The Honorable Dianne Feinstein, United States Senate
The Honorable Alex Padilla, United States Senate
ATTACHMENT 2
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Wednesday, 06/16/2021 Page .A13
ATTACHMENT 3
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AGENDA ITEM 6C
Agenda Item 6C
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: July 14, 2021
TO: Riverside County Transportation Commission
FROM: Western Riverside County Programs and Projects Committee
Jillian Guizado, Planning and Programming Director
THROUGH: Anne Mayer, Executive Director
SUBJECT: County of Riverside Funding Request for Construction of Jurupa Road Grade
Separation Project
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF
RECOMMENDATION:
This item is for the Commission to:
1) Approve programming $25 million of 2009 Measure A Western County Regional Arterial
(MARA) funds for the city of Jurupa Valley’s Jurupa Road Grade Separation project;
2) Approve Agreement No. 21-72-121-00 between the Commission and the County of
Riverside (County) as the lead agency for the programming of $25 million of MARA for the
construction phase of the Jurupa Road Grade Separation project; and
3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to finalize and
execute the agreement.
BACKGROUND INFORMATION:
The Commission’s 2017 Companion Study to the 2012 Grade Separation Priority Update Study
identifies three priority grade separations on critical urban freight corridors: McKinley Road
(Corona), Jurupa Road (Jurupa Valley), and Third Street (Riverside). At the time, the Jurupa Road
grade separation had no funding identified. A few months after the 2017 Companion Study was
completed, the California State Legislature passed Senate Bill (SB) 132, providing $108.4 million
to deliver the Jurupa Road Grade Separation project. SB 132 includes a statutory provision that
the funds must be encumbered by June 30, 2023.
The Commission has a history of providing discretionary funding to priority grade separation
projects in the county. In 2001, the Commission approved a funding commitment to priority
grade separation projects in Riverside County by providing a 10 percent local share match to the
California Public Utilities Commission grade separation funding program. In 2007, the
Commission committed to providing 25% of federal formula funds to priority grade separation
projects. The Commission also approved Alameda Corridor East grade separation projects as
eligible projects for 2009 Measure A Western County Economic Development funds. In the same
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Agenda Item 6C
year, Proposition 1B was approved by California voters which included a program to improve
trade corridors which offered grade separation project funding.
DISCUSSION:
The County is the lead agency on the Jurupa Road Grade Separation project for the city of Jurupa
Valley. Since SB 132’s passage in 2017, it has been working to deliver the project. Coordination
with the Union Pacific Railroad has been challenging, particularly over the past 15 months during
the COVID-19 pandemic. To keep the project moving forward, the County developed a phased
approach to construction which allowed it to advertise the construction contract while still
finalizing the design and right of way. On May 19, 2021, the County opened construction bids.
The low bid is favorable and very close to the engineer’s estimate. Once the construction cost
became known, the County developed an updated project cost estimate which indicates a
funding shortfall of $25,000,000.
On June 16, 2021, the County submitted a letter (Attachment 2) to the Commission regarding the
shortfall and requested financial assistance to fully fund the project. Commission staff conducted
an analysis of available fund types and determined that the only fund type eligible and available
given the various project details and circumstances is MARA. Staff recommends programming
$25 million of available MARA funds to fully fund the Jurupa Road Grade Separation project and
entering into agreement 21-72-121-00 for purposes of providing funding for the project on a
reimbursable basis.
FISCAL IMPACT:
The County will prioritize expenditure of the SB 132 funds, after which any additional funding
needed to complete the project, up to $25 million, would be paid for with available MARA funds
on a reimbursable basis. The Commission will retain any cost savings on the project.
Financial Information
In Fiscal Year Budget: N/A Year: FY 2022/23 Amount: $25,000,000
Source of Funds: 2009 Measure A Western County
Regional Arterial funds Budget Adjustment: N/A
GL/Project Accounting No.: 663041 81301 00000 0000 266 31 81301
Fiscal Procedures Approved: Date: 06/17/2021
Attachments:
1) Project Location Map
2) June 16, 2021 Letter from County of Riverside
29
Agenda Item 6C
Approved by the Western Riverside County Programs and Projects Committee on
June 28, 2021
In Favor: 11 Abstain: 1 No: 0
30
ATTACHMENT 1
31
ATTACHMENT 2
32
33
AGENDA ITEM 6D
Agenda Item 6D
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: July 14, 2021
TO: Riverside County Transportation Commission
FROM: Western Riverside County Programs and Projects Committee
Jenny Chan, Planning and Programming Manager
THROUGH: Anne Mayer, Executive Director
SUBJECT: Agreement for Transit-Oriented Communities Strategic Plan
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF
RECOMMENDATION:
This item is for the Commission to:
1) Approve Agreement No. 21-65-043-00 with Stantec Consulting Services, Inc. to develop a
transit-oriented communities strategic plan for an 18-month base period with two
additional six-month optional terms in an amount of $924,674, plus a contingency
amount of $25,326, for a total amount not to exceed $950,000;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to finalize and
execute the agreement, including option terms, on behalf of the Commission; and
3) Authorize the Executive Director, or designee, to approve contingency work up to the
total not to exceed amount as required for these services.
BACKGROUND INFORMATION:
In June 2020, the Federal Transit Administration awarded the Commission $700,000 in grant
funding, with a $250,000 local match commitment, to develop the Transit-Oriented Communities
Strategic Plan (TOC Strategic Plan) as part of the Fiscal Year 2019 Pilot Program for Transit-
Oriented Development Planning grant program. The grant enables the Commission to work with
community members, private developers and staff from the cities of Perris, Moreno Valley,
Riverside, and Corona and the March Joint Powers Authority (March JPA) to create a strategic
plan for transit-oriented development (TOD) within the five-mile radius of the eight 91/Perris
Valley Line Metrolink stations in Riverside County. The TOC Strategic Plan seeks to reduce or
eliminate impediments to TOD by identifying regulatory actions and funding strategies to
facilitate TOCs. The plan will provide a regional planning framework that builds upon existing
regional or local jurisdictions’ TOD-friendly planning efforts and provide guidance to accelerate
public and private investment within the five-mile radius of each station. The goals of the plan
are to support local economic development, increase Metrolink ridership, and decrease auto
trips which improves local and regional traffic congestion.
34
Agenda Item 6D
DISCUSSION:
Key activities to be completed during the study include:
- Prepare a Commuter Rail TOD Best Practices Memo specific to the Inland Empire. The
memo will provide case studies and lessons learned regarding TOD projects, including
recent housing developments at Riverside-La Sierra, Riverside Downtown, and Corona-
North Main stations.
- Develop station area profiles summarizing the existing conditions for the eight Metrolink
stations. Profiles will include information such as: existing planning and development
policy, land use, zoning, socio-economic trends, existing mobility options, and real estate
market conditions.
- Implement a robust multi-lingual public engagement plan to collect community and
stakeholder feedback.
- Evaluate and define station typology that is sensitive to community character and needs
and market conditions. Develop policy recommendations surrounding zoning, density,
housing, and first/last mile connections.
- Identify short-, mid- and long-range actions that will remove development barriers and
promote TOD and define the roles and responsibilities for the Commission, cities, and
March JPA.
- Update the Commission’s Joint Development Guidelines based on findings from the TOC
Strategic Plan.
Procurement Process
Staff determined the weighted factor method of source selection to be the most appropriate for
this procurement, as it allows the Commission to identify the most advantageous proposal with
price and other factors considered. Non-price factors include elements such as qualifications of
firm and personnel and understanding and approach for a TOC Strategic Plan as set forth under
the terms of Request for Proposals (RFP) No. 21-65-043-00.
RFP No. 21-65-043-00 for the TOC Strategic Plan was released by staff on March 18, 2021. The
RFP was posted on the Commission’s PlanetBids website, which is accessible through the
Commission’s website. Utilizing PlanetBids, emails were sent to 437 firms, 58 of which are
located in Riverside County. Through the PlanetBids site, 53 firms downloaded the RFP and 3 of
these firms are located in Riverside County. Staff responded to all questions submitted by
potential proposers prior to the April 6, 2021 clarification deadline date. Seven firms – Dudek
(Encinitas), Gruen Associates (Los Angeles), Hatch Associates Consultants, Inc. (Pittsburgh, PA),
HDR Engineering, Inc. (Riverside), Perkins & Will (San Francisco), Stantec Consulting Services, Inc.
(Los Angeles), and SWA (Laguna Beach) – submitted responsive proposals prior to the 2:00 p.m.
submittal deadline on April 27, 2021. Utilizing the evaluation criteria set forth in the RFP, all firms
were evaluated and scored by an evaluation committee comprised of Commission, Riverside
Transit Agency and city of Corona staff.
35
Agenda Item 6D
Based on the evaluation committee’s assessment of the written proposals and pursuant to the
terms of the RFP, the evaluation committee shortlisted and invited three firms to the interview
phase of the evaluation and selection process. Interviews of the shortlisted firms – HDR
Engineering, Inc., Perkins & Will, and Stantec Consulting Services, Inc. – were conducted on
May 26, 2021.
As a result of the completion of the evaluation process, the evaluation committee recommends
contract award to Stantec Consulting Services, Inc. to develop the TOC Strategic Plan for an 18-
month base period with two additional six-month optional terms to extend the agreement, as
this firm earned the highest total evaluation score. A summary of the proposed costs submitted
with the written proposals and the total evaluation score rankings following the final evaluation
are summarized below:
Firm Price Overall Ranking
Stantec Consulting Services, Inc. $899,105 1
HDR Engineering, Inc. $903,247 2
Perkins & Will $901,634 3
Gruen Associates $790,963 4
Dudek $878,532 5
Hatch Associates Consultants, Inc. $892,074 6
SWA $906,009 7
The RFP issued by the Commission only intended to solicit public feedback through the
establishment of a community advisory committee. However, Stantec’s proposal included
additional outreach events for the greater community at large in a virtual environment. In light
of the recent lifting of various health orders related to COVID-19, staff determined that a hybrid
approach providing for both in person and virtual community outreach events would be the most
accessible and beneficial for the project. To accommodate the revised approach for outreach,
additional scope and budget were added to this task in negotiating the final agreement, including
an optional outreach task.
Accordingly, staff recommends the award of an agreement for the TOC Strategic Plan for an
18-month base period with two additional 6-month optional terms to Stantec Consulting
Services, Inc. for a total amount of $924,674, plus a contingency amount of $25,326, for a total
amount not to exceed $950,000. Contingency is recommended as part of this contract to provide
flexibility to add minor additional scope that was not identified in the agreement. The
Commission’s standard form professional services agreement will be entered into with Stantec
Consulting Services, Inc. subject to any changes approved by the Executive Director, pursuant to
legal counsel review. Staff also recommends authorization for the Chair or Executive Director to
finalize and execute the agreement, including option terms and contingency work for the TOC
Strategic Plan.
36
Agenda Item 6D
Next Steps
Upon completion of the key activities previously listed, Commission staff will return to the
Commission with a presentation of the completed TOC Strategic Plan. The presentation will
include a description of the preferred TOC typology for each station as vetted by the community
and stakeholders. Alongside the preferred TOC typology, staff will highlight the necessary policy
changes that the Commission, cities, and March JPA would need to consider and adopt to achieve
the preferred TOC typology.
FISCAL IMPACT:
This project has a budget of $950,000 for up to a thirty-month period. Funding for this project is
comprised of a $700,000 grant from FTA. Local match of $250,000 is funded from State
Transportation Improvement Program Planning, Programming and Monitoring (STIP PPM) funds.
Financial Information
In Fiscal Year Budget: Yes
N/A Year: FY 2021/22
FY 2022/23+ Amount: $598,720
$351,280
Source of Funds:
FTA FY 2019 Pilot Program for Transit-
Oriented Development Planning and
STIP PPM funds
Budget Adjustment: No
N/A
GL/Project Accounting No.: 002326 81501 00000 0000 106 65 81501
Fiscal Procedures Approved: Date: 06/18/2021
Attachment: Draft Agreement No. 21-65-043-00 with Stantec Consulting Services, Inc.
Approved by the Western Riverside County Programs and Projects Committee on
June 28, 2021
In Favor: 12 Abstain: 0 No: 0
37
1
Agreement No. 21-65-043-00
PROFESSIONAL SERVICES AGREEMENT
FOR
TRANSIT-ORIENTED COMMUNITIES STRATEGIC PLAN
DEVELOPMENT PROFESSIONAL CONSULTING SERVICES
(FTA FUNDED)
WITH STANTEC CONSULTING SERVICES, INC.
Parties and Date.
This Agreement is made and entered into this ___ day of _______, 2021, by
and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("the
Commission") and STANTEC CONSULTING SERVICES, INC. ("Consultant"), a
CORPORATION. The Commission and Consultant are sometimes referred to herein
individually as “Party”, and collectively as the “Parties”.
Recitals.
A. On November 8, 1988 the Voters of Riverside County approved Measure A
authorizing the collection of a one-half percent (1/2 %) retail transactions and use tax (the
"tax") to fund transportation programs and improvements within the County of Riverside,
and adopting the Riverside County Transportation Improvement Plan (the "Plan").
B. Pursuant to Public Utility Code Sections 240000 et seq., the Commission is
authorized to allocate the proceeds of the Tax in furtherance of the Plan.
C. On November 5, 2002, the voters of Riverside County approved an extension
of the Measure A tax for an additional thirty (30) years for the continued funding of
transportation and improvements within the County of Riverside.
D. A source of funding for payment for professional services under this
Agreement in support of development of the Transit-Oriented Communities Strategic Plan
(the “Project”) may be funds from the Federal Transit Administration (“FTA”).
E. Consultant desires to perform and assume responsibility for the provision of
certain professional planning, zoning, and outreach services for development of the Project,
as required by the Commission on the terms and conditions set forth in this Agreement.
Consultant represents that it is experienced in providing the foregoing services to public
clients, is licensed in the State of California (if necessary), and is familiar with the plans of
the Commission.
Terms.
1. General Scope of Services. Consultant shall furnish all technical and
professional services, including labor, material, equipment, transportation, supervision and
38
2
expertise, and incidental and customary work necessary to fully and adequately supply the
professional planning, zoning, and outreach services for development of the Transit-
Oriented Communities Strategic Plan ("Services"). The Services are more fully set forth 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.
2. Term.
2.1 This Agreement shall commence on the date first set forth above and
shall continue in effect for eighteen months (18) months (“Term”). The Commission shall
have the option, in its sole discretion, to extend the Term for two (2) additional six (6)
months periods, with prior written notice to the Consultant.
2.2 Consultant is advised that any recommendation for contract award is
not binding on Commission until this Agreement is fully executed and approved by the
Commission.
2.3 This Agreement shall remain in effect until the date set forth above,
unless earlier terminated as provided herein. Consultant shall complete the Services
within the term of this Agreement, and shall meet any other established schedules and
deadlines. All applicable indemnification provisions of this Agreement shall remain in
effect following the termination of this Agreement.
3. Commission's Contract Administrator. The Commission hereby designates
the Commission's Executive Director, or his or her designee, to act as its Contract
Administrator for the performance of this Agreement ("Commission’s Contract
Administrator"). Commission’s Contract Administrator shall have the authority to act on
behalf of the Commission for all purposes under this Agreement. Commission’s Contract
Administrator shall also review and give approval, as needed, to the details of Consultant's
work as it progresses. Consultant shall not accept direction or orders from any person
other than the Commission’s Contract Administrator or his or her designee.
4. Consultant's Representative. Consultant hereby designates Adam Maleitzke
to act as its Representative for the performance of this Agreement ("Consultant’s
Representative"). Consultant's Representative shall have full authority to act on behalf of
Consultant for all purposes under this Agreement. The Consultant’s Representative shall
supervise and direct the Services, using his or her professional skill and attention, and shall
be responsible for all means, methods, techniques, sequences and procedures and for the
satisfactory coordination of all portions of the Services under this Agreement. Consultant
shall work closely and cooperate fully with Commission’s Contract Administrator and any
other agencies which may have jurisdiction over, or an interest in, the Services.
Consultant's Representative shall be available to the Commission staff at all reasonable
times. Any substitution in Consultant's Representative shall be approved in writing by
Commission’s Contract Administrator.
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5. Substitution of Key Personnel. Consultant has represented to the
Commission that certain key personnel will perform and coordinate the Services under this
Agreement. Should one or more of such personnel become unavailable, Consultant may
substitute other personnel of at least equal competence upon written approval by the
Commission. In the event that the Commission and Consultant cannot agree as to the
substitution of the key personnel, the Commission shall be entitled to terminate this
Agreement for cause, pursuant to the provisions herein. The key personnel for
performance of this Agreement are: Adam Maleitzke, Project Manager; Andrew Irvine,
Principal-In-Charge; Rhonda Bell, Existing Conditions Lead; Craig Sklenar, Station Area
Visioning and TOC Strategies Lead; Craig Lewis, Implementation Lead.
6. Standard of Care; Licenses. Consultant represents and maintains that it is
skilled in the professional calling necessary to perform all Services, duties and obligations
required by this Agreement to fully and adequately complete the Project. Consultant shall
perform the Services and duties in conformance to and consistent with the standards
generally recognized as being employed by professionals in the same discipline in the
State of California. Consultant warrants that all employees and subcontractors shall have
sufficient skill and experience to perform the Services assigned to them. Consultant further
represents and warrants to the Commission that its employees and subcontractors have all
licenses, permits, qualifications and approvals of whatever nature that are legally required
to perform the Services, and that such licenses and approvals shall be maintained
throughout the term of this Agreement. Consultant shall perform, at its own cost and
expense and without reimbursement from the Commission, any services necessary to
correct errors or omissions which are caused by the Consultant’s failure to comply with the
standard of care provided for herein, and shall be fully responsible to the Commission for
all damages and other liabilities provided for in the indemnification provisions of this
Agreement arising from the Consultant’s errors and omissions. Any employee of
Consultant or its sub-consultants who is determined by the Commission to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a
threat to the safety of persons or property, or any employee who fails or refuses to perform
the Services in a manner acceptable to the Commission, shall be promptly removed from
the Project by the Consultant and shall not be re-employed to perform any of the Services
or to work on the Project.
7. Independent Contractor. The Services shall be performed by Consultant or
under its supervision. Consultant will determine the means, methods and details of
performing the Services subject to the requirements of this Agreement. Commission
retains Consultant on an independent contractor basis and not as an employee, agent or
representative of the Commission. Consultant retains the right to perform similar or
different services for others during the term of this Agreement. Any additional personnel
performing the Services under this Agreement on behalf of Consultant shall at all times be
under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries
and other amounts due such personnel in connection with their performance of Services
and as required by law. Consultant shall be responsible for all reports and obligations
respecting such personnel, including but not limited to, social security taxes, income tax
withholdings, unemployment insurance, disability insurance, and workers' compensation
insurance.
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8. Schedule of Services. Consultant shall perform the Services expeditiously,
within the term of this Agreement, and in accordance with the schedule for the Services set
forth in Exhibit “B” (“Schedule of Services”). Consultant represents that it has the
professional and technical personnel to perform the Services in conformance with such
conditions. In order to facilitate Consultant's conformance with the Schedule, the
Commission shall respond to Consultant's submittals in a timely manner. Upon request of
Commission’s Contract Administrator, Consultant shall provide a more detailed schedule of
anticipated performance to meet the Schedule of Services.
8.1 Modification of the Schedule. Consultant shall regularly report to the
Commission, through correspondence or progress reports, its progress in providing
required Services within the scheduled time periods. Commission shall be promptly
informed of all anticipated delays. In the event that Consultant determines that a schedule
modification is necessary, Consultant shall promptly submit a revised Schedule of Services
for approval by Commission’s Contract Administrator.
8.2 Trend Meetings. Consultant shall conduct trend meetings with the
Commission’s Contract Administrator and other interested parties, as requested by the
Commission, as may be mutually scheduled by the Parties at a standard day and time.
These trend meetings will encompass focused and informal discussions concerning scope,
schedule, and current progress of Services, relevant cost issues, and future Project
objectives. Consultant shall be responsible for the preparation and distribution of meeting
agendas to be received by the Commission and other attendees no later than three (3)
working days prior to the meeting.
8.3 Progress Reports. As part of its monthly invoice, Consultant shall
submit a progress report, in a form determined by the Commission, which will indicate the
progress achieved during the previous month in relation to the Schedule of Services.
Submission of such progress report by Consultant shall be a condition precedent to receipt
of payment from the Commission for each monthly invoice submitted.
9. Delay in Performance.
9.1 Excusable Delays. Should Consultant be delayed or prevented from
the timely performance of any act or Services required by the terms of the Agreement by
reason of acts of God or of the public enemy, acts or omissions of the Commission or
other governmental agencies in either their sovereign or contractual capacities, fires,
floods, epidemics, quarantine restrictions, strikes, freight embargoes or unusually severe
weather, performance of such act shall be excused for the period of such delay.
9.2 Written Notice. If Consultant believes it is entitled to an extension of
time due to conditions set forth in subsection 9.1, Consultant shall provide written notice to
the Commission within seven (7) working days from the time Consultant knows, or
reasonably should have known, that performance of the Services will be delayed due to
such conditions. Failure of Consultant to provide such timely notice shall constitute a
waiver by Consultant of any right to an excusable delay in time of performance.
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9.3 Mutual Agreement. Performance of any Services under this
Agreement may be delayed upon mutual agreement of the Parties. Upon such
agreement, Consultant's Schedule of Services shall be extended as necessary by the
Commission. Consultant shall take all reasonable steps to minimize delay in completion,
and additional costs, resulting from any such extension.
10. Preliminary Review of Work. All reports, working papers, and similar work
products prepared for submission in the course of providing Services under this Agreement
shall be submitted to the Commission’s Contract Administrator in draft form, and the
Commission may require revisions of such drafts prior to formal submission and approval.
In the event that Commission’s Contract Administrator, in his or her sole discretion,
determines the formally submitted work product to be not in accordance with the standard
of care established under this Agreement, Commission’s Contract Administrator may
require Consultant to revise and resubmit the work at no cost to the Commission.
11. Appearance at Hearings. If and when required by the Commission,
Consultant shall render assistance at public hearings or other meetings related to the
Project or necessary to the performance of the Services. However, Consultant shall not be
required to, and will not, render any decision, interpretation or recommendation regarding
questions of a legal nature or which may be construed as constituting a legal opinion.
12. Opportunity to Cure; Inspection of Work. Commission may provide
Consultant an opportunity to cure, at Consultant's expense, all errors and omissions which
may be disclosed during Project implementation. Should Consultant fail to make such
correction in a timely manner, such correction may be made by the Commission, and the
cost thereof charged to Consultant. Consultant shall allow the Commission’s Contract
Administrator and Caltrans to inspect or review Consultant's work in progress at any
reasonable time.
13. Final Acceptance. Upon determination by the Commission that Consultant
has satisfactorily completed the Services required under this Agreement and within the
term set forth herein the Commission shall give Consultant a written Notice of Final
Acceptance. Upon receipt of such notice, Consultant shall incur no further costs
hereunder, unless otherwise specified in the Notice of Final Acceptance. Consultant may
request issuance of a Notice of Final Acceptance when, in its opinion, it has satisfactorily
completed all Services required under the terms of this Agreement. In the event copyrights
are permitted under this Agreement, then in connection with Federal funding, it is hereby
acknowledged and agreed that the United States Department of Transportation shall have
the royalty-free non-exclusive and irrevocable right to reproduce, publish, or otherwise use,
and to authorize others to use, the work for governmental purposes.
14. Laws and Regulations. Consultant shall keep itself fully informed of and in
compliance with all local, state and federal laws, rules and regulations in any manner
affecting the performance of the Project or the Services, including all Cal/OSHA
requirements, and shall give all notices required by law. For example, and not by way of
limitation, Consultant shall keep itself fully informed of and in compliance with all
implementing regulations, design standards, specifications, previous commitments that
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must be incorporated in the design of the Project, and administrative controls including
those of the United States Department of Transportation. Compliance with Federal
procedures may include completion of the applicable environmental documents and
approved by the United States Department of Transportation. For example, and not by way
of limitation, a signed Categorical Exclusion, Finding of No Significant Impact, or published
Record of Decision may be required to be approved and/or completed by the United States
Department of Transportation. For Consultant shall be liable for all violations of such laws
and regulations in connection with Services. If the Consultant performs any work knowing it
to be contrary to such laws, rules and regulations and without giving written notice to the
Commission, Consultant shall be solely responsible for all costs arising therefrom.
Consultant shall defend, indemnify and hold Commission, its officials, directors, officers,
employees and agents free and harmless, pursuant to the indemnification provisions of this
Agreement, from any claim or liability arising out of any failure or alleged failure to comply
with such laws, rules or regulations.
15. Fees and Payment.
15.1 Consultant shall receive compensation, including authorized
reimbursements, for all Services rendered under this Agreement at the rates set forth in
Exhibit "C" attached hereto and incorporated herein by reference. The overhead rates
included in the attached Exhibit “C” shall be fixed for the term of this Agreement, and shall
not be subject to adjustment, unless required by the applicable funding source. The total
compensation shall not exceed Nine Hundred Twenty-Four Thousand Six Hundred
Seventy-Four Dollars ($924,674) without written approval of Commission's Executive
Director (“Total Compensation”). Extra Work may be authorized, as described below, and
if authorized, will be compensated at the rates and manner set forth in this Agreement.
15.2 Any payments to Consultant for travel and subsistence expenses
must be authorized in writing by Commission, and shall not exceed rates authorized to be
paid exempt non-represented State employees under current State Department of
Personnel Administration (DPA) rules, unless otherwise authorized by Commission. If the
rates invoiced are in excess of those authorized DPA rates, and Commission has not
otherwise approved said rates, then Consultant is responsible for the cost difference and
any overpayments shall be reimbursed to the Commission on demand.
15.3 When milestone cost estimates are included in Exhibit “C” Consultant
shall obtain prior written approval for a revised milestone cost estimate from the Contract
Administrator before exceeding such cost estimate.
15.4 Payments shall be made monthly in arrears based on Services
provided and allowable incurred costs. If Consultant fails to submit the required deliverable
items according to the Schedule of Services, Commission shall have the right to delay the
applicable payment or terminate this Agreement in accordance with the termination
provisions of this Agreement.
15.5 No payment shall be made prior to approval of any Services, nor for
any Services performed prior to approval of this Agreement.
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15.6 Consultant shall be reimbursed, as promptly as fiscal procedures will
permit upon receipt by Commission’s Contract Administrator of itemized invoices in
triplicate. Invoices shall be submitted no later than 45 calendar days after the performance
of work for which Consultant is billing. Invoices shall detail the work performed on each
milestone and each project as applicable. Invoices shall follow the format stipulated for the
approved Cost Proposal and shall reference this Agreement number and project title. Final
invoice must contain the final cost and all credits due Commission including any
equipment purchased under the Equipment Purchase provisions of this Agreement. The
final invoice should be submitted within 60 calendar days after completion of Consultant’s
work. Invoices shall be mailed to Commission’s Contract Administrator at the following
address:
Riverside County Transportation Commission
Attention: Accounts Payable
P.O. 12008
Riverside, CA 92502
15.7 Consultant shall not be reimbursed for any expenses unless
authorized in writing by the Commission’s Contract Administrator.
15.8 All subcontracts in excess of $25,000 shall contain the above
provisions.
16. Disputes.
16.1 Any dispute, other than audit, concerning a question of fact arising
under this Agreement that is not disposed of by mutual agreement of the Parties shall be
decided by a committee consisting of RCTC’s Contract Administrator and the Director of
Capital Projects, who may consider written or verbal information submitted by Consultant.
16.2 Not later than 30 days after completion of all Services under this
Agreement, Consultant may request review by the Commission’s Executive Director of
unresolved claims or disputes, other than audit. The request for review will be submitted in
writing.
16.3 Neither the pendency of a dispute, nor its consideration by the
committee will excuse Consultant from full and timely performance in accordance with the
terms of this Agreement.
17. Termination.
17.1 Commission reserves the right to terminate this Agreement for any or
no reason, in whole or in part, upon written notice to Consultant stating the effective date
of termination.
17.2 Commission may terminate this Agreement with Consultant should
Consultant fail to perform the covenants herein contained at the time and in the manner
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herein provided. In the event of such termination, Commission may proceed with the
Services in any manner deemed proper by Commission. If Commission terminates this
Agreement with Consultant, Commission shall pay Consultant the sum due to Consultant
under this Agreement for Services completed and accepted prior to termination, unless the
cost of completion to Commission exceeds the funds remaining in the Agreement. In such
case, the overage shall be deducted from any sum due Consultant under this Agreement
and the balance, if any, shall be paid to Consultant upon demand.
17.3 In addition to the above, payment upon termination shall include a
prorated amount of profit, if applicable, but no amount shall be paid for anticipated profit on
unperformed Services. Consultant shall provide documentation deemed adequate by
Commission’s Contract Administrator to show the Services actually completed by
Consultant prior to the effective date of termination. This Agreement shall terminate on the
effective date of the Notice of Termination
17.4 Upon receipt of the written Notice of Termination, Consultant shall
discontinue all affected Services as directed in the Notice or as otherwise provided herein,
and deliver to the Commission all Documents and Data, as defined in this Agreement, as
may have been prepared or accumulated by Consultant in performance of the Services,
whether completed or in progress.
17.5 In addition to the above, Consultant shall be liable to the Commission
for any reasonable additional costs incurred by the Commission to revise work for which
the Commission has compensated Consultant under this Agreement, but which the
Commission has determined in its sole discretion needs to be revised, in part or whole, to
complete the Project because it did not meet the standard of care established in this
Agreement. Termination of this Agreement for cause may be considered by the
Commission in determining whether to enter into future agreements with Consultant.
17.6 The rights and remedies of the Parties provided in this Section are in
addition to any other rights and remedies provided by law or under this Agreement.
17.7 Consultant, in executing this Agreement, shall be deemed to have
waived any and all claims for damages which may otherwise arise from the Commission's
termination of this Agreement, for convenience or cause, as provided in this Section.
17.8 Consultant may not terminate this Agreement except for cause.
18. Cost Principles and Administrative Requirements.
18.1 Consultant agrees that the Contract Cost Principles and Procedures,
48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be
used to determine the cost allowability of individual items.
18.2 Consultant also agrees to comply with federal procedures in
accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards.
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18.3 Any costs for which payment has been made to CONSULTANT that
are determined by subsequent audit to be unallowable under 2 CFR, Part 200 and 48
CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject
to repayment by Consultant to Commission.
18.4 All subcontracts in excess of $25,000 shall contain the above
provisions.
19. Retention of Records/Audit. For the purpose of determining compliance with,
as applicable, 2 CFR Part 200, Public Contract Code 10115, et seq. and Title 21, California
Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters
connected with the performance of this Agreement pursuant to Government Code 8546.7;
Consultant, subconsultants, and Commission shall maintain and make available for
inspection all books, documents, papers, accounting records, and other evidence
pertaining to the performance of this Agreement, including but not limited to, the costs of
administering this Agreement. All parties shall make such materials available at their
respective offices at all reasonable times during the Agreement period and for three years
from the date of final payment under this Agreement. The State, State Auditor,
Commission, or any duly authorized representative of the State or Federal Government
shall have access to any books, records, and documents of Consultant and it’s certified
public accountants (CPA) work papers that are pertinent to this Agreement and, if
applicable, indirect cost rates (ICR) for audit, examinations, excerpts, and transactions, and
copies thereof shall be furnished if requested. Subcontracts in excess of $25,000 shall
contain this provision.
23.1 Accounting System. Consultant and its subcontractors shall establish
and maintain an accounting system and records that properly accumulate and segregate
expenditures by line item for the Services. The accounting system of Consultant and its
subcontractors shall conform to Generally Accepted Accounting Principles (GAAP), enable
the determination of incurred costs at interim points of completion, and provide support for
reimbursement payment vouchers or invoices.
20. Audit Review Procedures.
20.1 Any dispute concerning a question of fact arising under an interim or
post audit of this Agreement that is not disposed of by agreement, shall be reviewed by
Commission’s Chief Financial Officer.
20.2 Not later than 30 days after issuance of the final audit report,
Consultant may request a review by Commission’s Chief Financial Officer of unresolved
audit issues. The request for review will be submitted in writing.
20.3 Neither the pendency of a dispute nor its consideration by
Commission shall excuse Consultant from full and timely performance, in accordance with
the terms of this Agreement.
21. Subcontracting.
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21.1 Nothing contained in this Agreement or otherwise, shall create any
contractual relation between Commission and any subconsultant(s), and no subcontract
shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees
to be as fully responsible to Commission for the acts and omissions of its subconsultant(s)
and of persons either directly or indirectly employed by any of them as it is for the acts and
omissions of persons directly employed by Consultant. Consultant’s obligation to pay its
subconsultant(s) is an independent obligation from Commission’s obligation to make
payments to the Consultant.
21.2 Consultant shall perform the Services contemplated with resources
available within its own organization and no portion of the Services pertinent to this
Agreement shall be subcontracted without written authorization by Commission’s Contract
Administrator, except that, which is expressly identified in the approved Cost Proposal.
21.3 Consultant shall pay its subconsultants within ten (10) calendar days
from receipt of each payment made to Consultant by Commission.
21.4 Any subcontract in excess of $25,000 entered into as a result of this
Agreement shall contain all the provisions stipulated in this Agreement to be applicable to
subconsultants.
21.5 Any substitution of subconsultant(s) must be approved in writing by
Commission’s Contract Administrator prior to the start of work by the subconsultant(s).
21.6 Exhibit “C” may set forth the rates at which each subconsultant shall
bill the Consultant for Services and that are subject to reimbursement by the Commission
to Consultant. The subconsultant rate schedules and cost proposals contained herein are
for accounting purposes only.
22. Equipment Purchase
22.1 Prior authorization, in writing, by Commission’s Contract Administrator
shall be required before Consultant enters into any unbudgeted purchase order, or
subcontract for supplies, equipment, or services. Consultant shall provide an evaluation of
the necessity or desirability of incurring such costs.
22.2 For purchase of any item, service or consulting work not covered in
the Cost Proposal and exceeding $5,000 prior authorization, in writing, by Commission’s
Contract Administrator is required. Three competitive quotations must be submitted with
the request for such purchase, or the absence of bidding must be adequately justified.
22.3 Any equipment purchased as a result of this Agreement is subject to
the following: Consultant shall maintain an inventory of all nonexpendable property.
Nonexpendable property is defined as having a useful life of at least two years and an
acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is
sold or traded in, Commission shall receive a proper refund or credit at the conclusion of
this Agreement, or if this Agreement is terminated, Consultant may either keep the
equipment and credit Commission in an amount equal to its fair market value, or sell such
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equipment at the best price obtainable at a public or private sale, in accordance with
established Commission procedures; and credit Commission in an amount equal to the
sales price. If Consultant elects to keep the equipment, fair market value shall be
determined at Consultant’s expense, on the basis of a competent independent appraisal of
such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by
Commission and Consultant. If Consultant determines to sell the equipment, the terms
and conditions of such sale must be approved in advance by Commission. 2 CFR, Part
200 requires a credit to Federal funds when participating equipment with a fair market
value greater than $5,000 is credited to the Project.
22.4 All subcontracts in excess $25,000 shall contain the above provisions.
23. Labor Code Requirements.
23.1 Prevailing Wages.
(a) Consultant shall comply with the State of California’s General
Prevailing Wage Rate requirements in accordance with California Labor Code, Section
1770, and all Federal, State, and local laws and ordinances applicable to the Services.
(b) Any subcontract entered into as a result of this Agreement, if for
more than $25,000 for public works construction or more than $15,000 for the alteration,
demolition, repair, or maintenance of public works, shall contain all of the provisions of this
Section.
(c) When prevailing wages apply to the Services described in the
Scope of Services, transportation and subsistence costs shall be reimbursed at the
minimum rates set by the Department of Industrial Relations (DIR) as outlined in the
applicable Prevailing Wage Determination. See http://www.dir.ca.gov.
(d) Copies of the prevailing rate of per diem wages in effect at
commencement of this Agreement are on file at the Commission’s offices. Consultant shall
make copies of the prevailing rates of per diem wages for each craft, classification or type
of worker needed to execute the Services available to interested parties upon request, and
shall post copies at the Consultant’s principal place of business and at the project site.
Consultant shall defend, indemnify and hold the Commission, its elected officials, officers,
employees and agents free and harmless from any claims, liabilities, costs, penalties or
interest arising out of any failure or alleged failure to comply with the Prevailing Wage
Laws.
23.2 DIR Registration. If the Services are being performed as part of an
applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections
1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the
Department of Industrial Relations. If applicable, Consultant shall maintain registration for
the duration of the Project and require the same of any subconsultants. This Project may
also be subject to compliance monitoring and enforcement by the Department of Industrial
Relations. It shall be Consultant’s sole responsibility to comply with all applicable
registration and labor compliance requirements.
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23.3 Eight-Hour Law. Pursuant to the provisions of the California Labor
Code, eight hours of labor shall constitute a legal day’s work, and the time of service of
any worker employed on the work shall be limited and restricted to eight hours during any
one calendar day, and forty hours in any one calendar week, except when payment for
overtime is made at not less than one and one-half the basic rate for all hours worked in
excess of eight hours per day (“Eight-Hour Law”), unless Consultant or the Services are
not subject to the Eight-Hour Law. Consultant shall forfeit to Commission as a penalty,
$50.00 for each worker employed in the execution of this Agreement by him, or by any
sub-consultant under him, for each calendar day during which such workman is required or
permitted to work more than eight hours in any calendar day and forty hours in any one
calendar week without such compensation for overtime violation of the provisions of the
California Labor Code, unless Consultant or the Services are not subject to the Eight-Hour
Law.
23.4 Employment of Apprentices. This Agreement shall not prevent the
employment of properly indentured apprentices in accordance with the California Labor
Code, and no employer or labor union shall refuse to accept otherwise qualified
employees as indentured apprentices on the work performed hereunder solely on the
ground of race, creed, national origin, ancestry, color or sex. Every qualified apprentice
shall be paid the standard wage paid to apprentices under the regulations of the craft or
trade in which he or she is employed and shall be employed only in the craft or trade to
which he or she is registered.
If California Labor Code Section 1777.5 applies to the Services, Consultant and any
subcontractor hereunder who employs workers in any apprenticeable craft or trade shall
apply to the joint apprenticeship council administering applicable standards for a certificate
approving Consultant or any sub-consultant for the employment and training of apprentices.
Upon issuance of this certificate, Consultant and any sub-consultant shall employ the
number of apprentices provided for therein, as well as contribute to the fund to administer
the apprenticeship program in each craft or trade in the area of the work hereunder.
The parties expressly understand that the responsibility for compliance with
provisions of this Section and with Sections 1777.5, 1777.6 and 1777.7 of the California
Labor Code in regard to all apprenticeable occupations lies with Consultant.
24. Ownership of Materials/Confidentiality.
24.1 Documents & Data. This Agreement creates an exclusive and
perpetual license for Commission to copy, use, modify, reuse, or sub-license any and all
copyrights and designs embodied in plans, specifications, studies, drawings, estimates,
materials, data and other documents or works of authorship fixed in any tangible medium of
expression, including but not limited to, physical drawings or data magnetically or otherwise
recorded on computer diskettes, which are prepared or caused to be prepared by
Consultant under this Agreement (“Documents & Data”).
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Consultant shall require all subcontractors to agree in writing that
Commission is granted an exclusive and perpetual license for any Documents & Data the
subcontractor prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right
to grant the exclusive and perpetual license for all such Documents & Data. Consultant
makes no such representation and warranty in regard to Documents & Data which were
prepared by design professionals other than Consultant or provided to Consultant by the
Commission.
Commission shall not be limited in any way in its use of the Documents
& Data at any time, provided that any such use not within the purposes intended by this
Agreement shall be at Commission’s sole risk.
24.2 Intellectual Property. In addition, Commission shall have and retain all
right, title and interest (including copyright, patent, trade secret and other proprietary
rights) in all plans, specifications, studies, drawings, estimates, materials, data, computer
programs or software and source code, enhancements, documents, and any and all works
of authorship fixed in any tangible medium or expression, including but not limited to,
physical drawings or other data magnetically or otherwise recorded on computer media
(“Intellectual Property”) prepared or developed by or on behalf of Consultant under this
Agreement as well as any other such Intellectual Property prepared or developed by or on
behalf of Consultant under this Agreement.
The Commission shall have and retain all right, title and interest in
Intellectual Property developed or modified under this Agreement whether or not paid for
wholly or in part by Commission, whether or not developed in conjunction with Consultant,
and whether or not developed by Consultant. Consultant will execute separate written
assignments of any and all rights to the above referenced Intellectual Property upon
request of Commission.
Consultant shall also be responsible to obtain in writing separate
written assignments from any subcontractors or agents of Consultant of any and all right to
the above referenced Intellectual Property. Should Consultant, either during or following
termination of this Agreement, desire to use any of the above-referenced Intellectual
Property, it shall first obtain the written approval of the Commission.
All materials and documents which were developed or prepared by the
Consultant for general use prior to the execution of this Agreement and which are not the
copyright of any other party or publicly available and any other computer applications, shall
continue to be the property of the Consultant. However, unless otherwise identified and
stated prior to execution of this Agreement, Consultant represents and warrants that it has
the right to grant the exclusive and perpetual license for all such Intellectual Property as
provided herein.
Commission further is granted by Consultant a non-exclusive and
perpetual license to copy, use, modify or sub-license any and all Intellectual Property
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otherwise owned by Consultant which is the basis or foundation for any derivative,
collective, insurrectional, or supplemental work created under this Agreement.
24.3 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents and Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by
Consultant. Such materials shall not, without the prior written consent of Commission, be
used by Consultant for any purposes other than the performance of the Services. Nor
shall such materials be disclosed to any person or entity not connected with the
performance of the Services or the Project. Nothing furnished to Consultant which is
otherwise known to Consultant or is generally known, or has become known, to the related
industry shall be deemed confidential. Consultant shall not use Commission's name or
insignia, photographs of the Project, or any publicity pertaining to the Services or the
Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of Commission.
24.4 Infringement Indemnification. Consultant shall defend, indemnify and
hold the Commission, its directors, officials, officers, employees, volunteers and agents
free and harmless, pursuant to the indemnification provisions of this Agreement, for any
alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any
other proprietary right of any person or entity in consequence of the use on the Project by
Commission of the Documents & Data, including any method, process, product, or concept
specified or depicted.
25. Indemnification. To the fullest extent permitted by law, Consultant shall
defend, indemnify and hold Commission, Caltrans and their directors, officials, officers,
employees, consultants, volunteers, and agents free and harmless from any and all claims,
demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or
equity, to property or persons, including wrongful death, inverse condemnation, and any
claims related to property acquisition and relocation rules or failure to detect or abate
hazardous materials, which are brought by a third party, and which , in any manner arise
out of or are incident to alleged negligent acts, omissions, or willful misconduct of
Consultant, its officials, officers, employees, agents, consultants, and contractors arising
out of or in connection with the performance of the Services, the Project or this Agreement,
including without limitation the payment of consequential damages, expert witness fees,
and attorneys fees and other related costs and expenses. Consultant shall defend, at
Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other
legal proceedings of every kind that may be brought or instituted against Commission,
Caltrans, and their directors, officials, officers, employees, consultants, agents, or
volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be
rendered against Commission, Caltrans or their directors, officials, officers, employees,
consultants, agents, or volunteers, in any such suit, action or other legal proceeding.
Consultant shall reimburse Commission, Caltrans and their directors, officials, officers,
employees, consultants, agents, and/or volunteers, for any and all legal expenses and
costs, including reasonable attorney’s fees, incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. Consultant's obligation to
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indemnify shall not be restricted to insurance proceeds, if any, received by Commission,
Caltrans or their directors, officials officers, employees, consultants, agents, or volunteers.
Notwithstanding the foregoing, to the extent Consultant’s Services are subject to Civil Code
Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code
Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the Consultant. Consultant’s obligations as set forth
in this Section 28 shall survive expiration or termination of this Agreement.
26. Insurance.
26.1 Time for Compliance. Consultant shall not commence work under this
Agreement until it has provided evidence satisfactory to the Commission that it has
secured all insurance required under this Section, in a form and with insurance companies
acceptable to the Commission. In addition, Consultant shall not allow any subcontractor to
commence work on any subcontract until it has secured all insurance required under this
Section.
26.2 Minimum Requirements. Consultant shall, at its expense, procure and
maintain for the duration of the Agreement insurance against claims for injuries to persons
or damages to property which may arise from or in connection with the performance of the
Agreement by the Consultant, its agents, representatives, employees or subcontractors.
Consultant shall also require all of its subcontractors to procure and maintain the same
insurance for the duration of the Agreement. Such insurance shall meet at least the
following minimum levels of coverage:
(a) Minimum Scope of Insurance. Coverage shall be at least as
broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001 or exact equivalent); (2)
Automobile Liability: Insurance Services Office Business Auto Coverage (form CA 0001,
code 1 (any auto) or exact equivalent); and (3) Workers’ Compensation and Employer’s
Liability: Workers’ Compensation insurance as required by the State of California and
Employer’s Liability Insurance.
(b) Minimum Limits of Insurance. Consultant shall maintain limits
no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance or other form with
general aggregate limit is used, either the general aggregate limit shall apply separately to
this Agreement/location or the general aggregate limit shall be twice the required
occurrence limit. Limits may be achieved by any combination of primary and excess or
umbrella liability insurance; (2) Automobile Liability: $1,000,000 per accident for bodily
injury and property damage. Limits may be achieved by any combination of primary and
excess or umbrella liability insurance; and (3) Workers’ Compensation and Employer’s
Liability: Workers’ Compensation limits as required by the Labor Code of the State of
California. Employer’s Liability limits of $1,000,000 per accident.
26.3 Professional Liability. Consultant shall procure and maintain, and
require its sub-consultants to procure and maintain, for a period of five (5) years following
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completion of the Project, errors and omissions liability insurance appropriate to their
profession. For Consultant, such insurance shall be in an amount not less than
$1,000,000 per claim. This insurance shall be endorsed to include contractual liability
applicable to this Agreement and shall be written on a policy form coverage specifically
designed to protect against acts, errors or omissions of the Consultant. “Covered
Professional Services” as designated in the policy must specifically include work
performed under this Agreement. The policy must “pay on behalf of” the insured and must
include a provision establishing the insurer's duty to defend. Subconsultants of Consultant
shall obtain such insurance in an amount not less than $2,000,000 per claim.
Notwithstanding the foregoing, the Commission may consider written requests to lower or
dispense with the errors and omissions liability insurance requirement contained in this
Section for certain subconsultants of Consultant, on a case-by-case basis, depending on
the nature and scope of the Services to be provided by the subconsultant. Approval of
such request shall be in writing, signed by the Commission’s Contract Administrator.
26.4 Aircraft Liability Insurance. Prior to conducting any Services requiring
use of aircraft, Consultant shall procure and maintain, or cause to be procured and
maintained, aircraft liability insurance or equivalent form, with a single limit as shall be
required by the Commission. Such insurance shall include coverage for owned, hired and
non-owned aircraft and passengers, and shall name, or be endorsed to name, the
Commission, Caltrans and their directors, officials, officers, employees and agents as
additional insureds with respect to the Services or operations performed by or on behalf of
the Consultant.
26.5 Insurance Endorsements. The insurance policies shall contain the
following provisions, or Consultant shall provide endorsements on forms approved by the
Commission to add the following provisions to the insurance policies:
(a) General Liability.
(i) Commercial General Liability Insurance must include
coverage for (1) bodily Injury and property damage; (2) personal Injury/advertising Injury;
(3) premises/operations liability; (4) products/completed operations liability; (5) aggregate
limits that apply per Project; (6) explosion, collapse and underground (UCX) exclusion
deleted; (7) contractual liability with respect to this Agreement; (8) broad form property
damage; and (9) independent consultants coverage.
(ii) The policy shall contain no endorsements or provisions
limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by
one insured against another; or (3) contain any other exclusion contrary to this Agreement.
(iii) The policy shall give the Commission, its directors,
officials, officers, employees, and agents insured status using ISO endorsement forms 20
10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(iv) The additional insured coverage under the policy shall be
“primary and non-contributory” and will not seek contribution from the Commission’s or
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Caltrans’ insurance or self-insurance and shall be at least as broad as CG 20 01 04 13, or
endorsements providing the exact same coverage.
(b) Automobile Liability. The automobile liability policy shall be
endorsed to state that: (1) the Commission, Caltrans and their directors, officials, officers,
employees and agents shall be covered as additional insureds with respect to the
ownership, operation, maintenance, use, loading or unloading of any auto owned, leased,
hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the
insurance coverage shall be primary insurance as respects the Commission, Caltrans and
their directors, officials, officers, employees and agents, or if excess, shall stand in an
unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage.
Any insurance or self-insurance maintained by the Commission, Caltrans and their
directors, officials, officers, employees and agents shall be excess of the Consultant’s
insurance and shall not be called upon to contribute with it in any way.
(c) Workers’ Compensation and Employers Liability Coverage.
(i) Consultant certifies that he/she is aware of the provisions
of Section 3700 of the California Labor Code which requires every employer to be insured
against liability for workers’ compensation or to undertake self-insurance in accordance with
the provisions of that code, and he/she will comply with such provisions before
commencing work under this Agreement.
(ii) The insurer shall agree to waive all rights of subrogation
against the Commission, its directors, officials, officers, employees and agents for losses
paid under the terms of the insurance policy which arise from work performed by the
Consultant.
(d) All Coverages.
(i) Defense costs shall be payable in addition to the limits
set forth hereunder.
(ii) Requirements of specific coverage or limits contained in
this Section are not intended as a limitation on coverage, limits, or other requirement, or a
waiver of any coverage normally provided by any insurance. It shall be a requirement
under this Agreement that any available insurance proceeds broader than or in excess of
the specified minimum insurance coverage requirements and/or limits set forth herein shall
be available to the Commission, Caltrans and their directors, officials, officers, employees
and agents as additional insureds under said policies. Furthermore, the requirements for
coverage and limits shall be (1) the minimum coverage and limits specified in this
Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance
policy or proceeds available to the named insured; whichever is greater.
(iii) The limits of insurance required in this Agreement may
be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or
excess insurance shall contain or be endorsed to contain a provision that such coverage
shall also apply on a primary and non-contributory basis for the benefit of the Commission
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(if agreed to in a written contract or agreement) before the Commission’s own insurance or
self-insurance shall be called upon to protect it as a named insured. The umbrella/excess
policy shall be provided on a “following form” basis with coverage at least as broad as
provided on the underlying policy(ies).
(iv) Consultant shall provide the Commission at least thirty
(30) days prior written notice of cancellation of any policy required by this Agreement,
except that the Consultant shall provide at least ten (10) days prior written notice of
cancellation of any such policy due to non-payment of premium. If any of the required
coverage is cancelled or expires during the term of this Agreement, the Consultant shall
deliver renewal certificate(s) including the General Liability Additional Insured Endorsement
to the Commission at least ten (10) days prior to the effective date of cancellation or
expiration.
(v) The retroactive date (if any) of each policy is to be no
later than the effective date of this Agreement. Consultant shall maintain such coverage
continuously for a period of at least three years after the completion of the work under this
Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the
retroactive date is advanced past the effective date of this Agreement; B) if the policy is
cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with
a retroactive date subsequent to the effective date of this Agreement.
(vi) The foregoing requirements as to the types and limits of
insurance coverage to be maintained by Consultant, and any approval of said insurance by
the Commission, is not intended to and shall not in any manner limit or qualify the liabilities
and obligations otherwise assumed by the Consultant pursuant to this Agreement, including
but not limited to, the provisions concerning indemnification.
(vii) If at any time during the life of the Agreement, any policy
of insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, Commission has the right but not the duty to obtain the
insurance it deems necessary and any premium paid by Commission will be promptly
reimbursed by Consultant or Commission will withhold amounts sufficient to pay premium
from Consultant payments. In the alternative, Commission may cancel this Agreement.
The Commission may require the Consultant to provide complete copies of all insurance
policies in effect for the duration of the Project.
(viii) Neither the Commission nor any of its directors, officials,
officers, employees or agents shall be personally responsible for any liability arising under
or by virtue of this Agreement.
26.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the Commission. If the
Commission does not approve the deductibles or self-insured retentions as presented,
Consultant shall guarantee that, at the option of the Commission, either: (1) the insurer
shall reduce or eliminate such deductibles or self-insured retentions as respects the
Commission, its directors, officials, officers, employees and agents; or, (2) the Consultant
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shall procure a bond guaranteeing payment of losses and related investigation costs,
claims and administrative and defense expense.
26.7 Acceptability of Insurers. Insurance is to be placed with insurers with
a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and
satisfactory to the Commission.
26.8 Verification of Coverage. Consultant 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.
26.9 Subconsultant Insurance Requirements. Consultant shall not allow
any subcontractors or subconsultants to commence work on any subcontract until they
have provided evidence satisfactory to the Commission that they have secured all
insurance required under this Section. Policies of commercial general liability insurance
provided by such subcontractors or subconsultants shall be endorsed to name the
Commission as an additional insured using ISO form CG 20 38 04 13 or an endorsement
providing the exact same coverage. If requested by Consultant, the Commission may
approve different scopes or minimum limits of insurance for particular subcontractors or
subconsultants.
26.10 Other Insurance. At its option, the Commission may require such
additional coverage(s), limits and/or the reduction of deductibles or retentions it considers
reasonable and prudent based upon risk factors that may directly or indirectly impact the
Project. In retaining this option Commission does not warrant Consultant’s insurance
program to be adequate. Consultant shall have the right to purchase insurance in addition
to the insurance required in this Section.
27. Safety. Consultant shall execute and maintain its work so as to avoid injury or
damage to any person or property. In carrying out its Services, the Consultant shall at all
times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and life saving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing
apparel as are necessary or lawfully required to prevent accidents or injuries; and (C)
adequate facilities for the proper inspection and maintenance of all safety measures.
Pursuant to the authority contained in Section 591 of the Vehicle Code, the Commission
has determined that the Project will contain areas that are open to public traffic. Consultant
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shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the
Vehicle Code. Consultant shall take all reasonably necessary precautions for safe
operation of its vehicles and the protection of the traveling public from injury and damage
from such vehicles.
28. Additional Work. Any work or activities that are in addition to, or otherwise
outside of, the Services to be performed pursuant to this Agreement shall only be
performed pursuant to a separate agreement between the parties. Notwithstanding the
foregoing, the Commission’s Executive Director may make a change to the Agreement,
other than a Cardinal Change. For purposes of this Agreement, a Cardinal Change is a
change which is “outside the scope” of the Agreement; in other words, work which should
not be regarded as having been fairly and reasonably within the contemplation of the
parties when the Agreement was entered into. An example of a change which is not a
Cardinal Change would be where, in a contract to construct a building there are many
changes in the materials used, but the size and layout of the building remains the same.
Cardinal Changes are not within the authority of this provision to order, and shall be
processed by the Commission as “sole source” procurements according to applicable law,
including the requirements of FTA Circular 4220.1F.
(a) In addition to the changes authorized above, a
modification which is signed by Consultant and the Commission’s Executive Director, other
than a Cardinal Change, may be made in order to: (1) make a negotiated equitable
adjustment to the Agreement price, delivery schedule and other terms resulting from the
issuance of a Change Order, (2) reflect definitive letter contracts, and (3) reflect other
agreements of the parties modifying the terms of this Agreement (“Bilateral Contract
Modification”).
(b) Consultant shall not perform, nor be compensated for any
change, without written authorization from the Commission’s Executive Director as set forth
herein. In the event such a change authorization is not issued and signed by the
Commission’s Executive Director, Consultant shall not provide such change.
29. Prohibited Interests.
29.1 Solicitation. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working
solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that
it has not paid nor has it agreed to pay any company or person, other than a bona fide
employee working solely for Consultant, any fee, commission, percentage, brokerage fee,
gift or other consideration contingent upon or resulting from the award or making of this
Agreement. For breach or violation of this warranty, the Commission shall have the right
to rescind this Agreement without liability.
29.2 Commission Conflict of Interest. For the term of this Agreement, no
member, officer or employee of the Commission, during the term of his or her service with
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the Commission, shall have any direct interest in this Agreement, or obtain any present or
anticipated material benefit arising therefrom.
29.3 Conflict of Employment. Employment by the Consultant of personnel
currently on the payroll of the Commission shall not be permitted in the performance of this
Agreement, even though such employment may occur outside of the employee's regular
working hours or on weekends, holidays or vacation time. Further, the employment by the
Consultant of personnel who have been on the Commission payroll within one year prior to
the date of execution of this Agreement, where this employment is caused by and or
dependent upon the Consultant securing this or related Agreements with the Commission,
is prohibited.
29.4 Covenant Against Contingent Fees. As required in connection with
federal funding, the Consultant warrants that he/she has not employed or retained any
company or person, other than a bona fide employee working for the Consultant, to solicit
or secure this Agreement, and that he/she has not paid or agreed to pay any company or
person, other than a bona fide employee, any fee, commission, percentage, brokerage
fee, gift, or any other consideration, contingent upon or resulting from the award or
formation of this Agreement. For breach or violation of this warranty, the Commission
shall have the right to terminate this Agreement without liability pursuant to the terms
herein, or at its discretion to deduct from the Agreement price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee,
gift, or contingent fee.
29.5 Rebates, Kickbacks or Other Unlawful Consideration. Consultant
warrants that this Agreement was not obtained or secured through rebates kickbacks or
other unlawful consideration, either promised or paid to any Commission employee. For
breach or violation of this warranty, Commission shall have the right in its discretion; to
terminate this Agreement without liability; to pay only for the value of the work actually
performed; or to deduct from the Agreement price; or otherwise recover the full amount of
such rebate, kickback or other unlawful consideration.
29.6 Covenant Against Expenditure of Commission, State or Federal
Funds for Lobbying. The Consultant certifies that to the best of his/ her knowledge and
belief no state, federal or local agency appropriated funds have been paid, or will be paid
by or on behalf of the Consultant to any person for the purpose of influencing or attempting
to influence an officer or employee of any state or federal agency; a Member of the State
Legislature or United States Congress; an officer or employee of the Legislature or
Congress; or any employee of a Member of the Legislature or Congress, in connection
with the award of any state or federal contract, grant, loan, or cooperative agreement, or
the extension, continuation, renewal, amendment, or modification of any state or federal
contract, grant, loan, or cooperative agreement.
(a) If any funds other than federal appropriated funds have been
paid, or will be paid to any person for the purpose of influencing or attempting to influence
an officer or employee of any federal agency; a Member of Congress; an officer or
employee of Congress, or an employee of a Member of Congress; in connection with this
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Agreement, the Consultant shall complete and submit the attached Exhibit "G", Standard
Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with the attached
instructions.
(b) The Consultant's certification provided in this Section is a
material representation of fact upon which reliance was placed when this Agreement was
entered into, and is a prerequisite for entering into this Agreement pursuant to Section
1352, Title 31, US. Code. Failure to comply with the restrictions on expenditures, or the
disclosure and certification requirements set forth in Section 1352, Title 31, US. Code may
result in a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
(c) The Consultant also agrees by signing this Agreement that
he/she shall require that the language set forth in this Section be included in all Consultant
subcontracts which exceed $100,000, and that all such subcontractors shall certify and
disclose accordingly.
29.7 Employment Adverse to the Commission. Consultant shall notify the
Commission, and shall obtain the Commission’s written consent, prior to accepting work to
assist with or participate in a third-party lawsuit or other legal or administrative proceeding
against the Commission during the term of this Agreement.
30. Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, ancestry, sex or
age. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff or termination.
31. Right to Employ Other Consultants. Commission reserves the right to employ
other consultants in connection with the Project.
32. Governing Law. This Agreement shall be governed by and construed with the
laws of the State of California. Venue shall be in Riverside County.
33. Disputes; Attorneys' Fees.
33.1 Prior to commencing any action hereunder, the Parties shall attempt
in good faith to resolve any dispute arising between them. The pendency of a dispute
shall not excuse Consultant from full and timely performance of the Services.
33.2. If the Parties are unable to resolve a dispute after attempting in good
faith to do so, the Parties may seek any other available remedy to resolve the dispute. If
either Party commences an action against the other Party, either legal, administrative or
otherwise, arising out of or in connection with this Agreement, the prevailing Party in such
litigation shall be entitled to have and recover from the losing Party reasonable attorneys'
fees and, all other costs of such actions.
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34. Time of Essence. Time is of the essence for each and every provision of this
Agreement.
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.
36. Notices. All notices permitted or required under this Agreement shall be given
to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
CONSULTANT: COMMISSION:
Riverside County
Stantec Consulting Services, Inc. Transportation Commission
801 S. Figueroa Street, Ste. 300 4080 Lemon Street, 3rd Floor
Los Angeles, CA 90017 Riverside, CA 92501
Attn: Adam Maleitzke 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.
37. 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.
38. Amendment or Modification. No supplement, modification, or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
39. Entire Agreement. This Agreement contains the entire agreement of the
Parties relating to the subject matter hereof and supersedes all prior negotiations,
agreements or understandings.
40. 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.
41. Provisions Applicable When State Funds or Federal Funds Are Involved.
Since funding for the Services shall be provided, in whole or in part, from the FTA,
Consultant shall also fully and adequately comply with the provisions included in Exhibit “E”
(FTA Requirements) attached hereto and incorporated herein by reference.
42. 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,
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the indemnification and confidentiality obligations, shall survive any such expiration or
termination.
43. No Third Party Beneficiaries. There are no intended third party beneficiaries
of any right or obligation assumed by the Parties.
44. Labor Certification. By its signature hereunder, Consultant certifies that it is
aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Workers’ Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
45. Counterparts. This Agreement may be signed in counterparts, each of which
shall constitute an original.
46. 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.
47. Subpoenas or Court Orders. Should Consultant receive a subpoena or court
order related to this Agreement, the Services or the Project, Consultant shall immediately
provide written notice of the subpoena or court order to the Commission. Consultant shall
not respond to any such subpoena or court order until notice to the Commission is provided
as required herein, and shall cooperate with the Commission in responding to the
subpoena or court order.
48. Assignment or Transfer. Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein, without
the prior written consent of the Commission. Any attempt to do so shall be null and void,
and any assignees, hypothecates or transferees shall acquire no right or interest by reason
of such attempted assignment, hypothecation or transfer.
49. Successors and Assigns. This Agreement shall be binding on the successors
and assigns of the parties, and shall not be assigned by Consultant without the prior written
consent of Commission.
50. Incorporation of Recitals. The recitals set forth above are true and correct
and are incorporated into this Agreement as though fully set forth herein.
51. No Waiver. Failure of Commission to insist on any one occasion upon strict
compliance with any of the terms, covenants or conditions hereof shall not be deemed a
waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any
rights or powers hereunder at any one time or more times be deemed a waiver or
relinquishment of such other right or power at any other time or times.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE
TO
PROFESSIONAL SERVICES AGREEMENT
FOR
TRANSIT-ORIENTED COMMUNITIES STRATEGIC PLAN
DEVELOPMENT PROFESSIONAL CONSULTING SERVICES
(FTA FUNDED)
WITH STANTEC CONSULTING SERVICES, INC.
IN WITNESS WHEREOF, this Agreement was executed on the date first written
above.
RIVERSIDE COUNTY
TRANSPORTATION COMMISSION
By:
Anne Mayer, Executive Director
Approved as to Form:
By:
Best, Best & Krieger LLP
General Counsel
CONSULTANT
STANTEC CONSULTING SERVICES, INC.
By:
Signature
Name
Title
ATTEST:
By:
Its: __________________________
* A corporation requires the signatures of two corporate officers.
One signature shall be that of the chairman of board, the president or any vice president and the second
signature (on the attest line) shall be that of the secretary, any assistant secretary, the chief financial officer or
any assistant treasurer of such corporation.
If the above persons are not the intended signators, evidence of signature authority shall be provided to
RCTC.
62
Exhibit A
EXHIBIT "A"
STATEMENT OF SERVICES
63
DR
A
F
T
ISSUESSTANTEC’S APPROACH
Prepare joint development guidelines and
policy framework that are clear and relevant
to developers and help to streamline the
delivery of development projects on RCTC
land and implement TOCs
• Facilitate an implementation-focused approach that relies heavily on outreach and
coordination, including continued developer engagement, research, and coordination with
local jurisdictions to implement joint development and TOC
• Propose specific, near-term actions for RCTC and partner jurisdictions as part of a road map
for mobility, land use, and placemaking improvements that begin to change the development
trajectory for stations that are best positioned for TOCs in the next 5-10 years
Develop a corridor-wide vision and
station-specific TOC strategies that play to
each station's strengths and fosters
collaboration - not competition - among
jurisdictions, community groups, and other
stakeholders along the Metrolink 91/Perris
Valley Line corridor
• Foster a corridor-wide approach that identifies unique opportunities present in each station
area through the use of typologies, work directly with each jurisdiction to understand existing
efforts, visions, and develop a corridor-wide vision with other partners
• Utilize a station-specific approach for the TOC Typologies that builds on efforts already
working in the area, and develops targeted strategies to promote development in the eastern
part of the Riverside/Perris Valley Metrolink corridors
• Identify of key infrastructure, parking, and other projects that are needed to reposition less
TOC-friendly areas and make them attractive to investment
• Establish a corridor-wide board to share lessons learned, resources, and coordinate marketing
efforts to attract investment
Facilitate innovative virtual and in-person
public involvement to allow all stakeholders
to meaningfully participate in the process
• Leverage Stantec and outreach lead KPA's extensive network, developed through working with
RCTC and key stakeholders in Riverside County, to invite a wide variety of participants into the
planning process
• Utilize innovative virtual engagement platforms developed by the Stantec team, including
immersive virtual open house sessions, virtual town halls, and virtual design charrettes as
dictated by COVID-19 guidance
• Aim to hold in-person design workshops later in the process that enable participants who may
not have access to high-speed broadband to also participate in the process.
WORK PLAN
Task 1—Project Management
1.1 PROJECT MANAGEMENT + QUALITY
ASSURANCE
Our reputation is built around integrity and a
commitment to doing things right. This commitment
shapes everything we do from our health and safety
culture to our professional excellence in project work,
to our responsibilities on projects within our
communities.
Stantec’s Project Management (PM) Framework
contains a mandatory list of ten tasks to be complied
with on all projects or contracts as required by our
ISO9001:2008 registered Quality Management System.
Specifically, the PM Framework mandates the
following quality assurance processes be completed
for all projects or contract assignments:
The Project Manager and ‘professionals-of-record’ (or
‘professionals with responsible charge’) are to conduct
and document in writing a final quality assurance
review of final documents prior to issuance. Where
applicable, conduct multi-disciplinary coordination
reviews between disciplines and sub-consultants. Keep
completed and signed-off checklists, document sets,
etc., in project files.
Final documents must have an independent review
conducted and signed by the independent reviewer
prior to issuance. This practice guide provides
additional guidance on the steps and documentation
required to comply with these requirements.
Stantec will work with RCTC to incorporate these
protocols into a Project Management Plan, as well as
the project charter, schedule, potential issues and
mitigation strategies, project management meetings,
and communication protocols.
1.2 DATA REQUEST MEMORANDUM
Stantec will issue a data request memorandum for
discussion during the kickoff meeting. We have found
that one of the major challenges for a project is not
collecting data early enough in the process to be able
to quickly develop the existing conditions analysis. We
have access to a wide variety of regional and national
data sources, but we will need to supplement our
analysis with parcel data, ridership data, existing plans,
policies and ordinances, existing first/last mile
infrastructure, traffic counts, and information on
RCTC-owned properties, among others. We anticipate
working with RCTC to disseminate the request to key
partners, including Metrolink, SCAG, corridor
jurisdictions and others as needed.
1.3 KICK-OFF MEETING
Upon contract execution, the Stantec team will
schedule a call to plan for the kickoff meeting. Topics
to be discussed include meeting participants, agenda,
branding and outreach strategy, and information
requests such as the Data Request Memorandum. The
kickoff meeting will be held either virtually using Mural,
an interactive collaboration platform, or in-person,
depending on State and local COVID-19 health
regulations at the time. Stantec will prepare meeting
agendas, materials, and follow up shortly after the
kickoff meeting with meeting notes.
1.4 MONTHLY COORDINATION MEETINGS,
INVOICING, + PROGRESS REPORTS
We will work with RCTC to schedule monthly project
management and coordination meetings to discuss
completed and upcoming milestones and address
project issues. We propose a total of 18 monthly
coordination calls, half of which will be held in-person.
In-person meetings will be scheduled during days when
other in-person events are held, such as the
Development Advisory Committee and Community
Advisory Committee. Agendas and meeting minutes
will be prepared by Stantec before and after each
meeting.
Prior to the coordination meetings, Stantec will issue
monthly invoices per the schedule identified in the
executed contract, along with a comprehensive
progress report that details progress towards meeting
key milestones, solutions to address problems that
may arise during the project, a preview of near-term
milestones, and other items.
For progress meetings and other virtual engagement, stantec
will utilize mural, an intuitive tool we have used successfully for
other projects to promote collaboration and brainstorming.
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Task 2—Existing Conditions
2.1 STATION AREA PROFILES
Stantec and its key team members HR&A and KPA have
all worked on recent projects for RCTC and in Riverside
County, with a focus on cultivating transit-oriented
communities and improving mobility. Recent projects
including the SCAG HQTA program, which included a
station area plan for the Downtown Riverside station
that was developed in 2018 by project manager Adam
Maleitzke, demonstrate our on-the-ground knowledge
of the challenges facing Riverside County as RCTC and
local jurisdictions seek to accommodate anticipated
growth in a way that improves livability, affordability,
and offers a variety of amenities to residents and
workers.
Through our work, we have observed a number of key
differences among the eight 91 Line/Perris Valley
stations that will be evaluated through the TOC
Strategic Plan. We will work with RCTC to build upon
our team’s collective understanding of these issues to
identify challenges including land use and regulatory
barriers to TOC, historic low-density, auto-oriented
development patterns, gaps in the pedestrian and
bicyclist network, and current economic disincentives
to creating transit-oriented communities. Given our
existing base of knowledge, the Stantec team can
quickly and efficiently conduct a “deep-dive” into these
issues that will inform public outreach and messaging
and the development of the TOC typologies.
For each station area, we will prepare in-depth
memoranda to understand current conditions along the
corridor, organized around the topics of land use and
TOC, mobility, infrastructure, and public realm. With
this information, we will prepare a SWOT or barriers
and opportunities analysis to identify each station
area’s strengths and weaknesses, as well as readiness
for transit-oriented communities. The memoranda will
be summarized in a series of eight (8) concise, yet
highly illustrative station area profiles using high-
quality maps, imagery, graphics, tables, and other
visual devices. The goal is to provide an easily-
understood snapshot of each station area that can be
clearly communicated to the general public during
virtual and in-person engagement sessions.
Memoranda may be appended to the station profiles,
and ultimately the Strategic Plan, to allow stakeholders
to explore issues in further detail if they so choose.
Stantec will work with RCTC and the TAC to develop
the format, topics, and content of the final station area
profiles, but we anticipate the following sections will
be included:
1. Station Summary
2. Planning and Policy
3. Precedents and Best Practices
4. Land Use and TOC
5. Socio-Economic Profile
6. Mobility
7. Infrastructure
8. Public Realm
9. SWOT Analysis
More information on the content of the station area
profiles is described below.
2.1.1 LAND USE + TOC
Land use and regulatory provisions are often a
significant barrier for the development of TOCs.
Existing plans and policies often include policies that
mandate high parking requirements, propose low-
density building envelopes and auto-oriented uses, and
artificially limit the amount of development that is
permitted on a particular site. Upon receipt of
information solicited through the data request
memorandum, Stantec will evaluate General Plans,
Specific Plans, zoning ordinances, GIS information,
and other reports and data.
Specific topics that will be explored include:
• Major Activity Centers
• Existing Land Use and Zoning
• Existing policies related to land use, mobility, and
infrastructure
• Development Patterns and Typical Building
Products
• Character and form
• Density and Massing
• Parking
LRT station area parking, stormwater, and public realm
concepts by Adam Maleitzke, prior to joining Stantec.
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2.1.2 MOBILITY, INFRASTRUCTURE, AND PUBLIC
REALM
Along the 91/Perris Valley Line Corridors, there is a
strong desire for transit not only to spur development,
but to create those centers that a community can
organize itself around. At its best, transit orients; it
provides a center around which people and places
congregate. With high quality and visible transit
coming—now is the opportunity to leverage how
transit’s orientation will create connected places that
balances the needs of current residents, new
development opportunity, and continued economic
vitality. Successful TOD stations extend well into the
community. While transit provides mobility for people
and access to places, it is the stations that are the
front door. Transit historically connects neighborhood
centers and concentrations of destinations. These
neighborhood centers then MUST be self-sustaining
from a mobility perspective, functioning as the
multimodal center of each sub-community, while
directly connecting them to other corridor cities and
the greater Los Angeles region.
For this effort, the Stantec team will develop
multimodal connectivity plans for the Station areas.
These will ensure that stations are linked to the
surrounding neighborhood and adjacent transportation
network in seamless ways. To accomplish this, our
team will review ongoing design work and examine
existing desire lines and connectivity by mode at each
station areas.
As part of initial data collection, we will capture all
relevant existing transportation and public realm
assets as well as look at existing plans, proposed
network improvements and development already
underway. We will organize the latest transportation
observations and data relevant to the project’s goals,
including:
• Pedestrian connections showing where people
can comfortably walk or bike to the station today
and to high-ridership bus stop locations
• Safety data showing concentrations of crashes
using readily-available data
• Experiential data showing where potential
barriers such as long or vacant blocks, poorly lit
areas or traffic counts change along the corridor
and its cross streets
• Crossing bus service, stops and ridership,
including amenities
• Bicycle connections and parking showing
regional paths and local on-street facilities, as
well as bicycle share or large bicycle parking
facilities
• How well-utilized is on-(and off-) street parking—
particularly the lots owned by RCTC, and is there
a potential to use that space for something else?
Stantec's Smart Mobility team develops context-specific solutions to promote walking, cycling, and the use of new technologies
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• Travel forecast data from RCTC's travel demand
model (RivTAM/RivCOM)
• Existing parks and open space
• Physical conditions of key mobility corridors
• General character and condition of building stock
• Others, as identified by RCTC and the
committees
Our team will collect and map this information for each
station area level to help inform the process. We
believe in the importance of moving this information
out of the conventional language of data and analysis
and into a broader discussion of transportation and
integration opportunities and trade-offs. From this, we
will perform a gap analysis to identify which station
areas lack sufficient connectivity and where that may
hamper development.
Defined station access typologies will inform this
analysis. The “area of influence” of stations will vary
based on local land use, area density, existing and
potential connectivity, gaps, barriers and other factors.
This connectivity is the glue that holds the transit and
land use factors together to create a more balanced
and accessible place at each station maximizing
benefits of each.
2.1.3 SOCIO-ECONOMIC PROFILE AND REAL
ESTATE MARKET SCAN
Based on previous work experience in the cities of
Riverside, Corona, and other municipalities, Stantec
team member HR&A is familiar with real estate
markets throughout the Inland Empire. HR&A will
conduct a real estate market scan for sub-market
areas that will encompass the entirety of the 8 station
areas referenced in the RFP. An analysis of larger
sub-markets that surround station areas is useful for
understanding the market forces, trends, and
conditions that will influence the development
potential within the station areas. Further, other real
estate development activity that occurs within a
sub-market is likely to compete with any station area
developments for prospective users, tenants, or
homeowners. Using proprietary data sources, such as
CoStar and REIS, HR&A will evaluate each sub-market
area’s current performance of key land uses, including
multi-family residential, retail, industrial, and office
uses. Findings will be synthesized to highlight the
relative performance of each key land use as a
comparison with each of the other sub-market areas.
To develop an “on-the-ground” understanding of real
estate market performance, opportunities, and
challenges, HR&A will conduct up to twenty (20)
targeted, one-on-one interviews with local businesses
(or business organizations), community organizations,
developers, and brokers.
To begin understanding the most pertinent
opportunities and constraints of each station area,
HR&A will provide a high-level summary of key
demographic, socioeconomic, and real estate market
indicators for an area encompassing a half-mile radius
of each of the eight (8) station areas. Indicators to be
evaluated include median household income,
residential owner/renter split, age, average home price,
jobs per resident, and others. HR&A will also
disaggregate metrics to better understand
displacement risks and the economic inclusion by
race. Finally, HR&A summarize lessons learned in an
analysis of each station area’s strengths, weaknesses,
opportunities, and threats. Stantec will work with
HR&A to incorporate the summary into the overall
station area profile.
2.2 BEST PRACTICES REPORT
Stantec and HR&A regularly review transit-oriented
community and transit-oriented development best
practices across Southern California and the US. We
have explored the challenges that arise when
developing TOD projects in the Inland Empire through
our work on the SCAG/SBCTA ARRIVE Corridor and
SCAG HQTA Analysis projects. For the HQTA Analysis
project, our project manager Adam Maleitzke and
Judith Taylor of HR&A collectively developed in-depth
profiles of commuter station areas throughout the US
and Canada, as well as transit-oriented development
profiles of dozens of built projects. Each profile
includes critical metrics and information such as
floor-area ratio (FAR), number of units and square
footage of commercial retail and office space, parking
provided, innovative mobility solutions, public
amenities, and partnerships and key funding sources.
Paired with desktop research, transit agency outreach,
and developer interviews, we will develop a
memorandum that will provide up to five (5) case
studies and a summary of lessons learned that will
cover elements like zoning, multimodal standards,
affordable housing, gentrification mitigation,
innovative financing, first/last mile connections, value
capture strategies, and development of opportunity
zones. The carefully-selected case studies will be
tailored to the current conditions of the Inland Empire
as identified through the development of station area
profiles. In addition to the broader case studies, the
memo will further include an analysis of TOD
effectiveness of recent housing developments at
Riverside-La Sierra, Riverside-Downtown and Corona-
North Main areas.
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2.3 RCTC JOINT DEVELOPMENT POLICY REVIEW
HR&A is supporting LA Metro, the Orange County
Transportation Authority, and the Santa Clara Valley
Transportation Authority in their creation and
implementation of Joint Development policies.
Building on this expertise, HR&A will consult external
and internal (HR&A) resources to scan precedent joint
development guidelines and effective partnership
approaches from transportation or other public
agencies for public- private development projects. The
HR&A team will conduct desktop research and
interviews with peer transit agencies for a selected set
of precedents. Three precedents will be selected, with
agreement from RCTC. The precedent research
screening criteria will particularly focus on 1) the
relevance of peer transit agency portfolio sites and
real estate market conditions to RCTC; 2) the
motivation/needs for the public agency to engage
private developer partner(s) (i.e. value maximization,
community benefits, capacity augmentation, etc.); and
3) specific examples of effective joint development
policies and development partnership models applied
at specific precedent sites, with the goal to provide the
best practices for RCTC to develop portfolio- wide
Joint Development Guidelines. Precedent research will
include an evaluation of peer transit agencies’ joint
development policies, with particular attention to their
approach to stakeholder coordination, crafting
site-specific objectives, and developer outreach
processes. Best practices will also include a thorough
review, and outreach addressing FTA expectations and
goals around joint development to ensure RCTC’s
overall joint development policies and objectives
position RCTC for maximum FTA support. The lessons
learned will directly inform recommendation for RCTC
Joint Development Guidelines in Task 5.2.
Task 3—Public Engagement
Stantec team member Katherine Padilla Associates
(KPA) will leverage their deep experience working with
communities in Riverside County, including RCTC and
local jurisdictions, to facilitate a robust and targeted
community and stakeholder outreach process. Our
team’s approach is based on the twin pillars of
authentic stakeholder engagement combined with
social marketing principles. We hold, that in working
with RCTC, it is the Stantec team’s responsibility to
first and foremost determine the needs, wants and
unique interests of communities surrounding each of
the eight station areas and to deliver solutions that
preserve the best of the communities and enhances
their well-being, while allowing the benefits of TOC
strategies to take root and flourish. Our approach
emphasizes two-way communication: 1) we conduct
analysis and provide information about challenges,
possibilities, opportunities and 2) most importantly, we
listen and provide space for all participants to share
their opinions. Relevant projects that KPA has helped
advance through strategic community relations
include:
• RCTC Strategic Assessment
• Metro East San Fernando Valley Transit Corridor,
which began as an AA followed by EIS/EIR
• Metro East San Fernando Valley Light Rail Project
First-Last Mile Plan
• Metro Transit Supportive Communities Toolkit
• LA County Transit Oriented District Toolkit, which
involved the community East LA as a pilot study
• Metro East San Fernando Valley Transit Corridor,
which began as an AA followed by EIS/EIR
• Metro East San Fernando Valley Light Rail Project
First-Last Mile Plan
• Metro Transit Supportive Communities Toolkit
• LA County Transit Oriented District Toolkit, which
involved the East LA community as a pilot study
Land use map and public realm plan prepared for the Northland Needham Street Master Plan, which successfully
converts an aging suburban strip mall into walkable, transit-supportive development.
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• LA County Lambert Road Station First-Last Mile
Plan (for the proposed L Line)
• LA County Norwalk Blvd Station First Last Mile
Plan (for the proposed L Line)
• RCTC Strategic Assessment
KPA’s diverse team has extensive experience working
with community members from all walks of life, from
elected officials to people whose life experience may
not include civic engagement. We offer bilingual staff
to ensure all public notices and outreach will be
provided in both English and culturally sensitive
Spanish, and other languages as needed. Staff can
provide translation of all aspects of project reports,
meeting materials, social media and presentations.
Our ability to communicate fluidly in Spanish and
English, and visually through compelling graphic
design, will be helpful especially for facilitating
productive Community Advisory Committee (CAC)
meetings and community engagement. Lately, we have
successfully conducted a series of virtual stakeholder
group interviews in Spanish for the SCAG Wilmington
Freight Mitigation Study.
In terms of establishing and facilitating the Technical
Advisory Committee (TAC) and Developers Advisory
Committee (DAC), our team will draw on our
understanding of how issues of land use, funding, and
other policies can influence TOC, ATP and first/last
mile planning. We use advanced facilitation and
mediation skills to develop innovative solutions and
avoid potential blind spots. We blend fresh ideas with
time-tested expertise in consensus building and
conflict resolution to strategically resolve complex,
multi-stakeholder, multi-agency challenges.
Even when in-person meetings are deemed safe, we
expect to continue to provide online meetings to allow
stakeholders to engage on projects in the way that’s
most convenient for them and will encourage high
participation in every TAC, DAC, and CAC meeting.
Stantec has the capability to develop a rich, interactive
platform for virtual open houses, which will
supplement the in-person workshops and stakeholder
meetings that will be held as State and local COVID-19
regulations permit. Stantec’s virtual engagement
platform has been used notably for planning projects
throughout the United States and Canada, including
Lebanon, TN, modeled after in-person meetings
through project boards, interactive surveys, pre-
recorded videos, and other graphically-rich content. As
needed, we will take a hybrid approach that will enable
community members to attend meetings in community
centers with large screens set up for viewing,
especially for those with no computer access in their
homes. We will meet community members where
they’re at, allow for feedback loops at key project
points and provide equitable solutions for public
engagement, including in-person community
workshops when possible.
TASK 3.1 PREPARE A COMMUNITY
ENGAGEMENT PLAN
KPA will develop a Community Engagement Plan
tailored for each of the eight station areas to engage
stakeholders in the planning process. We will begin by
conducting a stakeholder analysis for each of the
transit areas, identifying potential DAC and CAC
members and other key stakeholders as well as
targeted engagement strategies. Outreach and
engagement materials will be developed in English, in
Spanish and other languages as needed. We will
submit a Draft Plan for review and comment, and Final
Plan for staff approval, prior to implementation.
Design workshop for the county of Los Angeles TOD Design Guidelines project in East LA, facilitated by team
member KPA and project manager Adam Maleitzke, prior to joining Stantec.
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3.2 TECHNICAL ADVISORY COMMITTEE (TAC)
Stantec and KPA will assist RCTC to form (1) Technical
Advisory Committee drawn from each of the affected
cities and relevant agencies, including the JPA, to
provide input on land use policies required for a
comprehensive TOC corridor approach. In its advisory
role, the TAC would also receive and consider DAC and
CAC input. For the purposes of this budget, it is
assumed that four (4) TAC meetings will be held.
3.3 DEVELOPER ADVISORY COMMITTEE (DAC)
Stantec and KPA will assist RCTC to form two (2)
Developer Advisory Committees, divided into two
regions, to advise and provide perspectives on current
barriers, proposed policy changes and financial
incentives. We will also assist with organizing
meetings, distributing meeting notifications, assisting
with agendas and presentation. KPA staff will attend
the meetings and provide meeting minutes. For the
purposes of this budget, it is assumed that two (2) of
two DACs meetings will be held, and that they will be
virtual. Assume there will be four (2) meetings total.
3.4 COMMUNITY ADVISORY COMMITTEES
Stantec and KPA will work with RCTC staff to establish
four (4) Community Advisory Committees grouped by
geographic areas to explore issues and opportunities
for the eight station areas. KPA will assist the project
team in recruiting members, including producing
invitation letters/emails, with background info about
the Strategic Plan and its objectives as well as roles
and responsibilities of the CAC. For example, for the
CAC to provide input most successfully we may
suggest that two underlying principles be understood.
The first is that the CAC is not intended to be group
decision-makers who reach consensus, rather they are
a forum to deepen understanding of the issues and to
grasp the context and implications of choices; and
secondly, that the value of technical knowledge be
recognized and respected in the process. We further
suggest that the roles and responsibilities of the CAC
may include: Provide input to staff, technical team, and
the TAC; represent their communities’ interests as
much as possible; provide accurate information to
other stakeholders; seek balance between community
vision and values with technical challenges and
economic constraints. For the purposes of this budget,
it is assumed that there will be three (3) meetings of
each of the four (4) CAC groups for twelve (12)
meetings total.
TASK 3.5 HYBRID OPEN HOUSE
To gather input from the community-at-large, with the
team, Stantec will plan and host one in-person (1)
Open House to gather input from each of the eight
project areas. The Open House will offer break-out
sessions/on-line spaces for each of the eight areas.
Attendees will have the opportunity to learn about the
shared TOC goals, as well as provide input into their
unique communities ‘ challenges and opportunities.
KPA will develop positive, culturally sensitive branding
and key messages to emphasize benefits that matter
to the communities. KPA will take guidance from the
CACs to develop a shared vision and unique aspects
that we can promote in our messaging. As a leave-
behind for those who are not able to attend the live
virtual open house, Stantec will post interactive boards
to our online 3D Vista Platform. One (1) 3D Vista open
house will be posted following the facilitated virtual
open house meeting.
3.6 IN-PERSON DESIGN WORKSHOPS OR”HYBRID”
WORKSHOPS
When safe, with the team, KPA will plan and organize
three (3) in-person design workshops—one for each
Virtual open house using the 3D Vista Platform.
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major section of the corridor—to be held in local
community gathering spaces. It is assumed the
content will be the same at all three meetings. These
meetings can also be held as a “hybrid,” with large
screens set up within a public space, such as local
community center, to provide convenient virtual
workshops while accommodating those who do not
have computer access in their homes. Additionally, up
to three (3) 3D Vista open house platforms will be
developed (see Task 3.5 for more information); one
platform will be developed for each major section of
the corridor. This will allow participants to engage with
the in-person design workshop content on their own.
KPA will work with CAC members and local advocacy
groups to publicize the TOC Strategic Plan and engage
CBOs to increase participation in workshops. KPA
recently established a model of CBO partnership with
two community-based organizations in our landmark
project, the Metro East San Fernando Valley Light Rail
Project, EIS/EIR and First-Last Mile Plan.
3.7 POP-UP EVENTS
Following the first hybrid open house event, Stantec
and KPA will organize and staff two (2) pop-up events
at local festivals, fairs, or other public events as
determined by RCTC and its community partners. Staff
will provide bi-lingual (English/Spanish) translation and
will answer questions about the vision, goals, and
process. Visitors will be invited to complete an online
survey, which will be developed by Stantec and KPA
using SurveyMonkey or a similar service.
3.8 MAILERS + COLLATERAL MATERIALS
KPA will develop distinctive branding, images, tagline,
key messages to support the social marketing aspects
necessary to build community understanding of the
TOC Strategic Plan and why it matters. We will create
bi-lingual mailers and collateral materials, and provide
bi-lingual, English/Spanish text, and other languages
as needed, and graphic design of eight (8) mailers and
two (2) fact sheets, especially to be distributed
electronically. All materials will be submitted for
approval prior to distribution.
3.9 SOCIAL MEDIA, WEBSITE, + PR
KPA will provide draft and final versions of up to six (6)
press releases (6), four (4) op-eds, and up to 50 social
media messages in English and Spanish. As directed,
KPA will work with RCTC’s Public Information Director
to determine distribution protocol. KPA will then
distribute as directed. KPA will contact 30 community-
based organizations and cities to ask for their
assistance in posting the messages to their websites,
social media sites, and other channels of distribution.
KPA will develop a distinctive project webpage,
assumed to link to RCTC’s website, and will provide
content for up to eight (8) pages. KPA will also
purchase advertising for social media posts.
3.10 FINAL OUTREACH SUMMARY
KPA will provide a written summary of all engagement
activities and the community input provided, key
themes and implications, as well as photos of events.
3.99 OPTIONAL TASK: SECOND HYBRID OPEN
HOUSE
Upon authorization to proceed by RCTC, Stantec and
KPA will host a second hybrid open house following
the release of the Preferred TOC Typology. See Task
3.5 for additional information on the activities included
with this optional event.
Task 4—Visioning
4.1 VISION, GOALS, + OBJECTIVES (MEMO)
In collaboration with RCTC and the committees, the
Stantec team will develop a vision statement, goals
and objectives that would apply corridor-wide. As with
all planning strategies a vision statement is meant to
be broad, aspirational and succinct, with goals and
objectives providing actions and key performance
indicators. Goals and Objectives for this project might
include station area specific direction based on unique
parameters.
Development of these important visioning elements
will be formed during the existing conditions and
kickoff conversation phases of the project. The
agreement to the vision, goals and objectives by RCTC
and the committees will be key to overall visioning
process, as they will serve as our guideposts and every
aspect will be evaluated as to how the decisions made
Our design charrettes build community support.
Project manager Adam Maleitzke (here);
Implementation lead, Craig Lewis (top middle)
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are meeting or supporting the vision, goals and
objectives.
4.2 TOC ALTERNATIVES
The Stantec team will develop alternatives for each
station area that are rooted in station profiles, best
practices, and a comprehensive engagement program.
The alternatives will be vetted by RCTC, local
jurisdictions, the advisory committees, and the public
through the virtual and in-person outreach events
described in Task 3. We firmly believe that in order to
catalyze transit-oriented communities along the
corridor, key stakeholders and the community need to
review complete, succinct, graphically rich, and
technically sound alternatives for each station area
that will empower them to envision a new development
paradigm.
For each station area, we will develop up to two (2)
typology alternatives, generally reflecting lower and
higher- housing and job intensity development
scenarios. Key supporting infrastructure will be
identified at a conceptual level to support each vision,
including utility and street upgrades, parking facilities
and mobility hubs, public realm improvements, and
amenities. Each alternative will include a high-level
summary as well as a list of the impacts in order to
evaluate trade-offs and understand preferences. Once
the alternatives have been developed, Stantec will work
with KPA to engage the public through virtual and
in-person open houses, surveys, pop-up events, and
other outreach activities.
4.3 READINESS REVIEW
Based on our experience in the Inland Empire, Stantec
and HR&A understand that urban models of
development may not work in all station areas. Here,
as in other projects, we look to encourage typologies
that support transit ridership and are appropriate to
creating active, energetic environments that reflect
their communities. Financial feasibility analysis will
help identify the market appropriate scale and type of
development, as well as any required development
incentives needed to catalyze this activity.
To help inform the readiness review, HR&A will prepare
“back of the envelope” corridor-wide pro forma
residual land value analyses for up to five prototypical
development concepts, selected in partnership with
city staff and the Project Team. “Residual land value”
is what a developer could theoretically afford to pay
for land or a historic structure and earn a market-
responsive return on investment from development.
The analysis will include: estimated development costs
including hard and soft development costs, developer
profit and financing, key revenue components,
including rents, sale prices and operating expenses.
We will compare residual value estimates to prevailing
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land values for the various land uses to determine
feasibility thresholds at each of the eight (8) station
areas. Understanding that real estate market appetite
and community desires may diverge, HR&A will test a
concise set of development program sensitivities to
establish a common ground and/or set of trade-offs to
achieve a set of financially feasible near-term
development scenarios that achieve community
desires.
4.4 PREFERRED TOC TYPOLOGY +
RECOMMENDATIONS
The final phase of the project will result in a set of
station area vision plans—one unified vision for each
of the eight (8) stations along the 91 and Perris Valley
Metrolink corridors. The vision plans will be combined
into a corridor-wide document. Each individual station
area plan will be largely graphic and will be no more
than 30 pages in length; additional information,
including technical memoranda, will be contained in
the appendix. Each plan will include at least the
following:
• A vision for each station area
• Recommended land uses, mobility strategies,
and first-last mile improvement projects
• Specific recommendations and for city-initiated
zoning changes
• Recommendations and prioritization for
pedestrian safety and other first/last mile
connectivity projects
• Identification of key redevelopment sites and
potential redevelopment strategy for at least one
site in each station area (see Task 4.3—readiness
review).
• Recommendations for other public investments,
such as public space, streetscape, art, and more
• Urban design vision and recommendations to
support transit-oriented development and
placemaking opportunities that help create
vibrant walkable places to live and work
• Goals and specific actions for ensuring housing
affordability
• Specific actions for supporting existing
businesses and adding jobs along the corridor
• Preparation of key conceptual design plans and
street sections for roadways and infrastructure
projects that can be used as the basis for grant
applications
Stantec will also, at a rough order of magnitude (ROM)
level, provide an assessment of each station area plan,
evaluating economic feasibility, ridership potential, job
and population growth, GHG and VMT impacts, and
other key metrics identified by RCTC and its partners.
Task 5—Implementation
5.1 TOC POLICY FRAMEWORK
From our extensive experience with all phases of the
development process, including zoning, permitting and
entitlements, and conceptual design through to
construction of TOD projects, the Stantec team
understands how to craft tailored implementation
strategies that will catalyze context-specific and
market-sensitive solutions throughout the corridor.
For each station area typology developed in Stantec
and HR&A will identify opportunities for and determine
the relative priority of various actions and
considerations that would help corridor cities leverage
the transformative potential of this major transit
infrastructure investment. For stations that currently
contain thriving high value, job-creating industrial uses
strategies will likely focus on opportunities to maintain
these uses while integrating them with other transit-
supportive land uses. For others with already
successful regional destinations, the strategies will
likely focus on opportunities to enhance connectivity
to these destinations, extending the economic benefit
of TOD to a wider geography. This will provide a
framework for RCTC, individual municipalities, and
other relevant stakeholders and community members
to understand recommended implementation actions
for each station area, while maintaining a corridor-wide
perspective on how local actions will relate to corridor-
wide goals.
Stantec will work with RCTC to develop an outline for
the Implementation Plan. At a minimum, we anticipate
the plan will include policies, plans and initiatives,
partnerships, major development opportunities,
phasing, ROM cost estimates (for infrastructure and
public realm projects), and funding and financing
strategies. We anticipate that the following key topics
will be covered in the Implementation Plan, along with
Burlington Great Streets, Burlington VT
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examples of potential recommendations that could be
proposed for each station area:
STRATEGIES BY DISCIPLINE
FISCAL SUSTAINABILITY AND IMPLEMENTATION
• Fiscal sustainability considerations
• Identifying financing strategies including local
fees, value capture, and other public financing
tools
• Governance opportunities and policy
considerations
LAND USE + ECONOMIC DEVELOPMENT
• Affordable housing preservation, protection, and
creation policies
• Affordable housing preservation, protection, and
creation policies
• Equitable economic and workforce development
strategies that mitigate displacement
• Attracting green jobs and industries that could
reduce pollution
• Transit-supportive strategies that reduce the
need for car-ownership
• Model zoning codes and policies to promote
transit-supportive development patterns
• General Plan and Specific Plan updates
PUBLIC REALM AND URBAN DESIGN
• Streetscape improvements and corridor greening
projects
• Parks and open space projects
• Development of design guidelines
INFRASTRUCTURE
• Key roadways to be upgraded
• Wet and dry utility improvements
MOBILITY STRATEGIES
• Improvements to key existing corridors and new
complete street improvement projects to
facilitate pedestrian and bicyclist activity
• Smart Mobility solutions including micro-mobility
(scooter- and bike-share), transportation-network
companies (TNC) and services such as Uber and
Lyft, autonomous personal vehicles and public
shuttles
• The Stantec team has a library of code updates
and parking management best practices that
incent shared parking, right-size parking ratios,
and parking use by time of day. We will use these
tools to create a set of planning-level parking
policy recommendations for the Activity Centers.
Bridge Street Corridor Plan, Dublin, OH
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5.2 UPDATE TO RCTC JOINT DEVELOPMENT
GUIDELINES
Building from precedent research in Task 2.2, Stantec
team member HR&A will utilize Developer Advisory
Committee meetings to conduct preliminary market
sounding, review potential joint development
disposition and partnership strategies, and obtain
candid input. Using this input, HR&A will develop
specific Joint Development Strategy
recommendations related to:
• Requirements related to development program,
parking, and community benefits
• Phasing of development and related
infrastructure components
• Entitlements approach and alignment with local
jurisdiction policies
• Roles and responsibilities of RCTC, private
developer, and other stakeholders
• Funding sources or mechanisms for plan
components
• Disposition strategy and transaction framework
• Developer selection approach
• Key developer selection parameters
• Allocation of responsibility financing, designing,
and construction of the development plan’s
components such as new or relocated transit
facilities, access roadways, or traffic
improvements.
5.3 DRAFT + FINAL TRANSIT ORIENTED
COMMUNITIES STRATEGIC PLAN
We propose an additive approach to this project,
whereby the station area profiles, TOC typologies, best
practices, and other previous work become part of a
concise and compelling TOC Strategic Plan (Plan).
Curated content from past final deliverables will be
rolled up into the final plan, creating great efficiencies
and allowing the Stantec team to develop thoughtful,
comprehensive, and innovative solutions over the
18-month performance period.
We are committed to high-quality graphics and graphic
design principles, and our skilled design team will
present complex information, strategies, and plans in a
way that is informative, visionary, and easy to follow.
We recognize that the Plan will be used by a wide
variety of stakeholders, and we want to ensure that
developers, residents and businesses, and elected and
appointed officials alike are able to implement the plan
over the next several years.
Working with RCTC and the Technical Advisory
Committee, our team will develop an outline and
sample report templates for review and concurrence.
Project branding, including layout, color, fonts, and
graphics, will be carried into the Plan for consistency.
We anticipate that the Plan may be organized into
roughly 7 major sections, which could include:
1. Executive Summary
2. Station Area Profiles
3. Public Engagement Summary
4. Corridor-Wide TOC Vision
5. Station Area TOC Typologies
6. Implementation and Policy Framework Plan
7. Appendices
We will deliver a draft of the Plan to RCTC by month 16,
with ample time for RCTC and its partners to review
and provide comments. These comments will be
diligently tracked by the Stantec team and incorporated
into a Final TOC Strategic Plan.
Graphically-rich summary of proposed street, public realm, and infrastructure projects proposed for the
downtown riverside station area, with complete street and TOD best practices.
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Exhibit B
EXHIBIT "B"
SCHEDULE OF SERVICES
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RCTC TOC STRATEGIC PLAN
Months 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18
TASK 1 PROJECT MANAGEMENT
1.1 Project Management and Quality Assurance
1.2 Data Request Memorandum
1.3 Kickoff Meeting
1.4 Coordination Meetings
TASK 2 EXISTING CONDITIONS
2.1 Station Area Profiles
2.2 Best Practices Report
2.3 RCTC Joint Development Policy Review
TASK 3 PUBLIC ENGAGEMENT
3.1 Prepare a Community Engagement Plan
3.2 Technical Advisory Committee (TAC)
3.3 Developer Advisory Committee (DAC)
3.4 Community Advisory Committees (CAC)
3.5 Hybrid Open House
3.6 Virtual/In Person Design Workshops (3)
3.7 Pop-up Events (2)
3.8 Mailers and Collateral Materials
3.9 Social Media, Website, PR
3.10 Final Outreach Report
3.99 OPTIONAL: Additional Hybrid Open House
TASK 4 VISIONING
4.1 Vision, Goals, and Objectives
4.2 TOC Alternatives
4.3 Readiness Review
4.4 Preferred TOC Typology and Recommendations
TASK 5 IMPLEMENTATION
5.1 TOC Policy Framework
5.2 Update to RCTC Joint Development Guidelines
5.3 Draft and Final TOC Strategic Plan
SCHEDULE
1 2 3 4 5 6
LEGEND Task Duration Other Outreach Event Project kickoff
# Milestone 1-6
Draft deliverable
Final Deliverable 3D Vista Open House
Hybrid Open House
Pop Up Event
4 44
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Exhibit C
EXHIBIT “C”
COMPENSATION AND PAYMENT
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FIRM PROJECT TASKS/ROLE COST
Stantec Project Management 587,792.00
KPA Public Engagement 107,445.00
HR&A Advisors Economic Development 204,773.00
900,010.00
24,664.00
924,674.00$
FISCAL YEAR PROJECT COST
FY 2021/22 Task 1, 2, 3, 4 586,612.79
FY 2022/23 Task 1, 3, 4, 5 313,847.21
900,460.00
24,214.00
924,674.00$
OTHER DIRECT COSTS
TOTAL COSTS
1 Commission authorization pertains to total contract award amount. Compensation adjustments between consultants may occur;
however, the maximum total compensation authorized may not be exceeded.
SUBTOTAL
OTHER DIRECT COSTS
TOTAL COSTS
EXHIBIT "C"
COMPENSATION SUMMARY1
Prime Consultant:
Sub Consultants:
SUBTOTAL
79
Exhibit D
EXHIBIT "D"
FTA REQUIREMENTS
80
Exhibit D
FTA FUNDING REQUIREMENTS (Non-construction/maintenance work)
As used herein, “RCTC” shall have the same meaning as the “Commission.” The term “contract” or
“Contract” shall have the same meaning as the “Agreement.”
1. No Obligation by the Federal Government
a. RCTC and Consultant acknowledge and agree that, notwithstanding any concurrence by the
Federal Government in or approval of the solicitation or award of the underlying 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 the Purchaser, Consultant, or any
other party (whether or not a party to that contract) pertaining to any matter resulting from the
underlying contract.
b. The Consultant agrees to include the above clause in each subcontract financed in whole or in
part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified,
except to identify the subconsultant who will be subject to its provisions.
2. Program Fraud and False or Fraudulent Statements or Related Acts
a. The 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 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the
underlying contract, the 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 underlying contract or the
FTA assisted project for which this contract work is being performed. In addition to other penalties
that may be applicable, the Consultant further 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 the penalties of the Program Fraud Civil Remedies Act of 1986 on the
Consultant to the extent the Federal Government deems appropriate.
b. The 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 a contract
connected with a project that is financed in whole or in part with Federal assistance originally awarded
by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the
penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Consultant, to the extent the Federal
Government deems appropriate.
c. The Consultant agrees to include the above two clauses in each subcontract financed in whole
or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be
modified, except to identify the subconsultant who will be subject to the provisions.
3. Access to Records
The Consultant agrees to the following access to records requirements:
a. To provide RCTC, the FTA Administrator, the Comptroller General of the United States or any
of their authorized representatives access to any books, documents, papers and records of the
Consultant which are directly pertinent to this contract for the purposes of making audits,
examinations, excerpts and transcriptions. Consultant also agrees, pursuant to 49 C. F. R. 633.17 to
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Exhibit D
provide the FTA Administrator or his authorized representatives including any PMO Consultant access
to Consultant's records and construction sites pertaining to a major capital project, defined at 49 U.S.C.
5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C.
5307, 5309 or 5311.
b. To make available in the case of a contract for a capital project or improvement, as defined
above and awarded by other than competitive bidding in accordance with 49 U.S.C. 5325(a), records
related to the contract to RCTC, the Secretary of Transportation and the Comptroller General or any
authorized officer or employee of any of them for the purposes of conducting an audit and inspection.
c. To maintain all books, records, accounts and reports required under this contract for a period of
not less than three years after the date of termination or expiration of this contract, except in the event
of litigation or settlement of claims arising from the performance of this contract, in which case
Consultant agrees to maintain same until RCTC, the FTA Administrator, the Comptroller General, or
any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or
exceptions related thereto. Reference 49 CFR 18.39(i)(11).
d. To permit any of the foregoing parties to reproduce by any means whatsoever or to copy
excerpts and transcriptions as reasonably needed.
4. Federal Changes
The 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 Master Agreement
between RCTC and FTA, as they may be amended or promulgated from time to time during the term
of this contract. Consultant's failure to so comply shall constitute a material breach of this contract.
5. Civil Rights
The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. §
2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202
of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C.
§ 5332 and 49 CFR part 21, the Consultant agrees that it will not discriminate against any employee or
applicant for employment because of race, color, creed,
national origin, sex, age, or disability. In addition, the Consultant agrees to comply with applicable
Federal implementing regulations and other implementing requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity requirements apply
to the underlying contract:
(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights
Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the 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 C.F.R. Parts 60 et seq ., (which implement
Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No.
11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. §
2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal
82
Exhibit D
policies that may in the future affect construction activities undertaken in the course of the Project.
The 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, the
Consultant agrees to comply with any implementing requirements FTA may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967,
as amended, 29 U.S.C. § § 623, Federal transit law at 49 U.S.C. § 5332, the Equal Employment
Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29
C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S.
Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or
Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, the Consultant agrees to refrain
from discrimination against present and prospective employees for reason of age. In addition, the
Consultant agrees to comply with any implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 504 of the Rehabilitation Act of 1973, as amended,
29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq.,
the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at
49 U.S.C. § 5332, the Consultant agrees that it will not discriminate against individuals on the basis of
disability, and that it will comply with the requirements of U.S. Equal Employment Opportunity
Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with
Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In
addition, the Consultant agrees to comply with any implementing requirements FTA may issue.
(3) The Consultant also agrees to include these requirements in each subcontract financed in whole
or in part with Federal assistance provided by FTA, modified only if necessary to identify the
affected parties.
6. FTA Disadvantaged Business Enterprise (DBE) Requirements
A. General DBE Requirements: In accordance with Federal financial assistance agreements with
the U.S. Department of Transportation (U.S. DOT), Commission has adopted a Disadvantaged
Business Enterprise (DBE) Policy and Program, in conformance with Title 49 CFR Part 26,
“Participation by Disadvantaged Business Enterprises in Department of Transportation Programs” (the
“Regulations”). This RFP is subject to these stipulated regulations. In order to ensure that Commission
achieves its overall DBE Program goals and objectives, Commission encourages the participation of
DBEs as defined in 49 CFR 26 in the performance of contracts financed in whole or in part with U.S.
DOT funds.
It is the policy of the Commission to:
1. Ensure nondiscrimination in the award and administration of DOT-assisted contracts;
2. Create a level playing field on which DBE’s can compete fairly for DOT-assisted contracts;
3. Ensure that the DBE program is narrowly tailored in accordance with applicable law;
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Exhibit D
4. Ensure that only firms that fully meet 49 C.F.R. part 26 eligibility standards are permitted to
participate as DBE’s;
5. Help remove barriers to the participation of DBEs in DOT assisted contracts;
6. To promote the use of DBEs in all types of federally assisted contracts and procurement activities;
and
7. Assist in the development of firms that can compete successfully in the marketplace outside the
DBE program.
B. Discrimination: Consultant shall not discriminate on the basis of race, color, national origin, or
sex in the award and performance of subcontracts. Any terms used herein that are defined in 49 CFR
Part 26, or elsewhere in the Regulations, shall have the meaning set forth in the Regulations.
C. Commission’s Race-Neutral DBE Program: A Race-Neutral DBE Program is one that, while
benefiting DBEs, is not solely focused on DBE firms. Therefore, under a Race-Neutral DBE Program,
Commission does not establish numeric race-conscious DBE participation goals on its DOT-assisted
contracts. There is no FTA DBE goal on this Project.
Consultant shall not be required to achieve a specific level of DBE participation as a condition of
contract compliance in the performance of this DOT-assisted contract. However, Consultant
shall adhere to race-neutral DBE participation commitment(s) made at the time of award.
D. Race-Neutral DBE Submissions and Ongoing Reporting Requirements (Post-Award):
At termination of the Contract, the successful Consultant shall complete and submit to Commission a
“DBE Race-Neutral Participation Listing” in the form provided by Commission. In the event DBE(s)
are utilized in the performance of the Agreement, Consultant shall comply with applicable reporting
requirements.
E. Performance of DBE Subconsultants: DBE subconsultants listed by Consultant in its “DBE
Race-Neutral Participation Listing” submitted at the time of proposal shall perform the work and
supply the materials for which they are listed, unless Consultant has received prior written
authorization from Commission to perform the work with other forces or to obtain the materials from
other sources. Consultant shall provide written notification to Commission in a timely manner of any
changes to its anticipated DBE participation. This notice should be provided prior to the
commencement of that portion of the work.
F. DBE Certification Status: If a listed DBE subconsultant is decertified during the life of this
Agreement, the decertified subconsultant shall notify Consultant in writing with the date of
decertification. If a non-DBE subconsultant becomes a certified DBE during the life of this Agreement,
the DBE subconsultant shall notify Consultant in writing with the date of certification. Consultant shall
furnish the written documentation to Commission in a timely manner. Consultant shall include this
requirement in all subcontracts.
G. Consultant’s Assurance Clause Regarding Non-Discrimination: In compliance with State and
Federal anti-discrimination laws, Consultant shall affirm that it will not exclude or discriminate on the
basis of race, color, national origin, or sex in consideration of contract award opportunities. Further,
Consultant shall affirm that they will consider, and utilize subconsultants and vendors, in a manner
consistent with non-discrimination objectives.
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Exhibit D
H. Violations: Failure by the selected Consultant(s) to carry out these requirements shall be a material
breach of the contract to be awarded pursuant to this RFP, which may result in the termination of the
contract or such other remedy as the recipient deems appropriate, which may include, but is not limited
to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the Consultant from future bidding as non-responsible. 49 C.F.R. § 26.13(b).
I. Prompt Payment: Consultant shall pay its subconsultants for satisfactory performance of their
contracts no later than 30 days from receipt of each payment Commission makes to the Consultant. 49
C.F.R. § 26.29(a), unless a shorter period is provided in the contract.
J. Compliance with DBE Requirements Contained in FTA Provisions: Consultant shall comply with all
DBE reporting and other requirements contained in this Agreement.
7. Incorporation of Federal Transit Administration (FTA) Terms
The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT,
whether or not expressly set forth in the preceding contract provisions. All contractual provisions
required by DOT, as set forth in FTA Circular 4220.1F are hereby incorporated by reference. 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 Agreement. The Consultant shall not perform any
act, fail to perform any act, or refuse to comply with any RCTC requests which would cause RCTC to
be in violation of the FTA terms and conditions.
8. Debarment and Suspension.
The Consultant agrees to the following:
(1) It will comply with the following requirements of 2 CFR Part 180, subpart C, as adopted and
supplemented by U.S. DOT regulations at 2 CFR Part 1200.
(2) It will not enter into any “covered transaction” (as that phrase is defined at 2 CFR §§ 180.220 and
1200.220) with any subconsultant whose principal is, suspended, debarred, or otherwise excluded from
participating in covered transactions, except as authorized by— (i) U.S. DOT regulations,
“Nonprocurement Suspension and Debarment,” 2 CFR Part 1200; (ii) U.S. OMB regulatory guidance,
“Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” 2 CFR
Part 180; and (iii) Other applicable federal laws, regulations, or requirements regarding participation
with debarred or suspended recipients or third party participants.
(3) It will review the U.S. GSA “System for Award Management – Lists of Parties Excluded from
Federal Procurement and Nonprocurement Programs,” if required by U.S. DOT regulations, 2 CFR
Part 1200.
9. ADA Access Requirements
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Exhibit D
The Consultant shall comply with all applicable requirements of the Americans with Disabilities Act of
1990 (ADA), 42 USC Section 12101 et seq; Section 504 of the Rehabilitation Act of 1973, as
amended, 29 USC Section 794; 49 USC Section 5301(d).
10. Fly America .
To the extent applicable to the Services, the 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 recipients and sub recipients of Federal funds and their consultants are
required to use U.S. Flag air carriers for 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. The 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. The Consultant agrees to include the requirements of this section in all subcontracts that
may involve international air transportation.
11. Cargo Preference - Use of United States-Flag Vessels
To the extent applicable to the Services, the Consultant agrees:
1. To use privately owned United States-Flag commercial vessels to ship at least 50 percent of
the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers)
involved, whenever shipping any equipment, material, or commodities pursuant to the
underlying contract to the extent such vessels are available at fair and reasonable rates for
United States-Flag commercial vessels;
2. To furnish within 20 working days following the date of loading for shipments originating
within the United States or within 30 working days following the date of leading for
shipments originating outside the United States, a legible copy of a rated, "on-board"
commercial ocean bill-of -lading in English for each shipment of cargo described in the
preceding paragraph to the Division of National Cargo, Office of Market Development,
Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the
Consultant in the case of a subconsultant's bill-of-lading.)
3. To include these requirements in all subcontracts issued pursuant to this contract when the
subcontract may involve the transport of equipment, material, or commodities by ocean
vessel.
11. Buy America – Not applicable.
12. Employment Provisions
To the extent applicable to the Services, Consultant shall comply with the following:
A. Equal Employment Opportunity — Not applicable.
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Exhibit D
B. Copeland “Anti-Kickback” Act (18 U.S.C. 874 and 40 U.S.C. 276c) — Not applicable.
C. Contact Work Hours and Safety Standards Act (40 U.S.C. 327–333) —Not applicable.
D. Release of Retainage
No retainage will be withheld by the RCTC from progress payments due Consultant. Retainage by
Consultant or subconsultants is prohibited, and no retainage will be held by the prime consultant from
progress due subconsultants. Any violation of this provision shall subject the violating Consultant or
subconsultants to the penalties, sanctions, and other remedies specified in Section 7108.5 of the
California Business and Professions Code. This requirement shall not be construed to limit or impair
any contractual, administrative, or judicial remedies, otherwise available to Consultant or
subconsultant in the event of a dispute involving late payment or nonpayment by Consultant or
deficient subconsultant performance, or noncompliance by a subconsultant.
13. Termination for Convenience
RCTC may terminate the Agreement for convenience in accordance with the terms of the Agreement.
After such termination, the Consultant shall submit a final termination settlement proposal to RCTC as
directed. If the Consultant fails to submit a proposal within the time allowed, RCTC may determine, on
the basis of information available, the amount, if any due the Consultant because of the termination and
shall pay the amount determined. After the Consultant’s proposal is received, RCTC and Consultant
shall negotiate a fair and equitable settlement and the contract will be modified to reflect the negotiated
agreement. If agreement cannot be reached, RCTC may issue a final determination and pay the amount
determined. If the Consultant does not agree with this final determination or the determination resulting
from the lack of timely submission of a proposal, the Consultant may appeal under the Disputes clause.
14. Administrative and Contractual Remedies on Breach; Termination for Cause
a. The Consultant may be declared in breach of this Agreement (“Breach”) if the Consultant
fails to make delivery of the supplies or to perform the services within the time specified herein or any
extension thereof; or if the Consultant fails to perform any of the other provisions of the contract, or so
fails to make progress as to endanger performance of this contract in accordance with its terms. In case
of any of the foregoing, RCTC shall notify the Consultant of the Breach, and the Consultant shall have
a period of ten (10) days (or such longer period as RCTC may authorize in writing) after receipt of
notice from RCTC to cure the Breach.
b. RCTC may, by written notice of termination to the Consultant specifying the effective date
thereof, terminate the whole or any part of this contract, in the case of a Breach that is not cured within
the timeframe set forth in (a) above (“Uncured Breach”).
c. If the contract is terminated in whole or in part for an Uncured Breach, RCTC may procure
upon such terms and in such manner as RCTC may deem appropriate, supplies or services similar to
those so terminated, or may complete the services with its own forces. The Consultant shall be liable
to RCTC for any excess costs for such similar supplies or services, and for any other costs incurred by
RCTC as a result of the Uncured Breach. The Consultant shall continue the performance of this
contract to the extent not terminated under the provisions of this clause.
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Exhibit D
d. Except with respect to defaults of Subconsultants, the Consultant shall not be liable for any
excess costs if the failure to perform the contract arises out of causes beyond the control and without
the fault or negligence of the Consultant. If the failure to perform is caused by the default of a
Subconsultant, and if such default arises out of causes beyond the control of both the Consultant and
the Subconsultant, and without the fault or negligence of either of them, the Consultant shall not be
liable for any excess costs for failure to perform, unless the supplies or services to be furnished by the
Subconsultant were obtainable from other sources in sufficient time to permit the Consultant to meet
the required project completion schedule.
e. Payment for completed services or supplies delivered to and accepted by RCTC shall be at the
contract price. RCTC may withhold from amounts otherwise due the Consultant for such completed
services or supplies such sum as RCTC determines to be necessary to protect RCTC against loss
because of outstanding liens of claims of former lien holders, or to reimburse RCTC for any other costs
related to the Uncured Breach.
f. If, after notice of termination of this contract for cause, it is determined for any reason that an
Uncured Breach did not exist, the rights and obligations of the parties shall be the same as if the notice
of termination had been issued pursuant to the provisions for termination for convenience of RCTC.
g. The rights and remedies of RCTC provided in this clause shall not be exclusive and are in
addition to any other rights and remedies provided by law, equity or under this contract including, but
not limited to, the right to specific performance.
h. Notwithstanding the above, RCTC may, without providing an opportunity to cure, terminate the
contract in accordance with the timeframe set forth in Section 17 of the contract, if RCTC determines
such action is in its best interest based on the nature of the Breach. Such actions shall not limit any of
RCTC’s remedies set forth above.
16. Disputes
a. Except as otherwise provided in this Agreement, any dispute concerning a question of fact
arising under this Agreement which is not disposed of by supplemental agreement shall be
decided by RCTC’s Deputy Executive Director, who shall reduce the decision to writing and mail or
otherwise furnish a copy thereof to the Consultant. The decision of the RCTC Deputy Executive
Director shall be final and conclusive unless, within thirty (30) days from the date of receipt of such
copy, Consultant mails or otherwise furnishes to the RCTC Deputy Executive Director a written appeal
addressed to RCTC's Executive Director. The decision of RCTC Executive Director or duly authorized
representative for the determination of such appeals shall be final and conclusive.
b. The provisions of this Paragraph shall not be pleaded in any suit involving a question of fact
arising under this Agreement as limiting judicial review of any such decision to cases where fraud by
such official or his representative or board is alleged, provided, however, that any such decision shall
be final and conclusive unless the same is fraudulent or capricious or arbitrary or so grossly erroneous
as necessarily to imply bad faith or is not supported by substantial evidence. In connection with any
appeal proceeding under this Paragraph, the Consultant shall be afforded an opportunity to be heard
and to offer evidence in support of its appeal.
c. Pending final decision of a dispute hereunder, Consultant shall proceed diligently with the
performance of this Agreement and in accordance with the decision of RCTC's Deputy Executive
Director. This "Disputes" clause does not preclude consideration of questions of law in connection with
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Exhibit D
decisions provided for above. Nothing in this Agreement, however, shall be construed as making final
the decision of any RCTC official or representative on a question of law, which questions shall be
settled in accordance with the laws of the State of California.
17. Lobbying
See the Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure
Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Consultants who apply or bid
for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New
Restrictions on Lobbying.” Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, officer or employee of Congress, or an
employee of a member of Congress in connection with obtaining any Federal contract, grant or any
other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under
the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal
funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such
disclosures are forwarded from tier to tier up to the recipient. The Offeror shall complete and submit
with its bid/proposal the attached Certification Regarding Lobbying, and if applicable, the Standard
Form-LLL, “Disclosure Form to Report Lobbying.”
18. Energy Conservation
The Consultant agrees to 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.
19. Clean Water
a. The Consultant agrees to 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. The
Consultant agrees to 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 the appropriate EPA Regional
Office.
d. The Consultant further agrees that:
(1) It will not use any violating facilities;
(2) It will report the use of facilities placed on or likely to be placed on the U.S. EPA “List of Violating
Facilities;”
(3) It will report violations of use of prohibited facilities to FTA; and
(4) It will comply with the inspection and other requirements of the Clean Air Act, as amended, (42
U.S.C. §§ 7401 – 7671q); and the Federal Water Pollution Control Act as amended, (33 U.S.C. §§
1251-1387).
The Consultant also agrees to include these requirements in each subcontract exceeding $150,000
financed in whole or in part with Federal assistance provided by FTA.
20. Clean Air
a. The Consultant agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Consultant agrees to report
89
Exhibit D
each violation to RCTC and understands and agrees that RCTC will, in turn, report each violation as
required to assure notification to FTA and the appropriate EPA Regional Office.
b. The Consultant further agrees that:
(1) It will not use any violating facilities;
(2) It will report the use of facilities placed on or likely to be placed on the U.S. EPA “List of Violating
Facilities;”
(3) It will report violations of use of prohibited facilities to FTA; and
(4) It will comply with the inspection and other requirements of the Clean Air Act, as amended, (42
U.S.C. §§ 7401 – 7671q); and the Federal Water Pollution Control Act as amended, (33 U.S.C. §§
1251-1387).
c. The Consultant also agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with Federal assistance provided by FTA.
21. Recycled Products
Recovered Materials - The Consultant agrees to comply with all the requirements of Section
6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962),
including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order
12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part
247.
21. SPECIAL PROVISION FOR PROMOTING COVID-19 SAFETY
Section 49. Centers for Disease Control and Prevention Order on Requirements for Persons
to Wear Masks While on Conveyances and at Transportation Hubs.
(a) Compliance with CDC Mask Order. The Centers for Disease Control and Prevention (“CDC”)
Order of January 29, 2021, titled Requirement for Persons to Wear Masks While on Conveyances and
at Transportation Hubs (“CDC Mask Order”), applies to this Agreement. One of the objectives of the
CDC Mask Order is “[m]aintaining a safe and operating transportation system.” Consultant agrees that
it will comply, and will require all subconsultants to comply, with the CDC Mask Order.
(b) Enforcement for non-compliance. Consultant agrees that FTA and RCTC may take enforcement
action for non-compliance with the CDC Mask Order, including: (1) enforcement actions authorized by
49 U.S.C. § 5329(g); (2) referring Consultant to the CDC or other Federal authority for enforcement
action; (3) enforcement actions authorized by 2 CFR §§ 200.339 – .340; and (4) any other enforcement
action authorized by Federal law or regulation.
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Exhibit D
22. Safe Operation of Motor Vehicles
Pursuant to Federal Executive Order No. 13043, “Increasing Seat Belt Use in the United States,” April
16, 1997, 23 U.S.C. Section 402 note, FTA encourages each third party consultant to adopt and
promote on-the-job seat belt use policies and programs for its employees and other personnel that
operate company owned, rented, or personally operated vehicles, and to include this provision in each
third party subcontract involving the project.
a. The Consultant is encouraged to adopt and promote on-the-job seat belt use policies and programs
for its employees and other personnel that operate company-owned vehicles, company-rented vehicles,
or personally operated vehicles. The terms “company-owned” and “company-leased” refer to vehicles
owned or leased either by the Consultant or RCTC.
. The Consultant agrees to adopt and enforce workplace safety policies to decrease crashes
caused by distracted drivers, including policies to ban text messaging while using an electronic device
supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle Contactor owns,
leases, or rents, or a privately-owned vehicle when on official business in connection with the work
performed under this contract.
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Exhibit E
EXHIBIT "E"
DISCLOSURE OF LOBBYING ACTIVITIES
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Local Assistance Procedures Manual EXHBIT 10-Q
Disclosure of Lobbying Activities
Page 1
LPP 13-01 May 8, 2013
EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract
a. bid/offer/application
a. initial
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year ____ quarter _________
f. loan insurance date of last report __________
4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee,
Enter Name and Address of Prime:
Prime Subawardee
Tier _______ , if known
Congressional District, if known Congressional District, if known
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applicable ____________________
8. Federal Action Number, if known: 9. Award Amount, if known:
10. Name and Address of Lobby Entity 11. Individuals Performing Services
(If individual, last name, first name, MI) (including address if different from No. 10)
(last name, first name, MI)
(attach Continuation Sheet(s) if necessary)
12. Amount of Payment (check all that apply) 14. Type of Payment (check all that apply)
$ _____________ actual planned a. retainer
b. one-time fee
13. Form of Payment (check all that apply): c. commission
a. cash d. contingent fee
b. in-kind; specify: nature _______________ e deferred
Value _____________ f. other, specify _________________________
15. Brief Description of Services Performed or to be performed and Date(s) of Service, including
officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12:
(attach Continuation Sheet(s) if necessary)
16. Continuation Sheet(s) attached: Yes No
17. Information requested through this form is authorized by Title
31 U.S.C. Section 1352. This disclosure of lobbying reliance
was placed by the tier above when his transaction was made or
entered into. This disclosure is required pursuant to 31 U.S.C.
1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any
person who fails to file the required disclosure shall be subject
to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Signature: ________________________________________
Print Name: _______________________________________
Title: ____________________________________________
Telephone No.: ____________________ Date: ___________
Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL
Standard Form LLL Rev. 04-28-06
Distribution: Orig- Local Agency Project Files
APPENDIX L - 1
N/A
0 None. Stantec does not
engage in lobbying
activities.
Andrew Irvine, AAILA, LEED AP
Senior Principal
4/27/2021
N/A N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
(303) 575-8603
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Local Assistance Procedures Manual EXHBIT 10-Q
Disclosure of Lobbying Activities
Page 1
LPP 13-01 May 8, 2013
EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352
1.Type of Federal Action:2.Status of Federal Action:3.Report Type:
a. contract a. bid/offer/application a. initial
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year ____ quarter _________
f. loan insurance date of last report __________
4.Name and Address of Reporting Entity 5.If Reporting Entity in No. 4 is Subawardee,
Enter Name and Address of Prime:
Prime Subawardee
Tier _______ , if known
Congressional District, if known Congressional District, if known
6.Federal Department/Agency:7.Federal Program Name/Description:
CFDA Number, if applicable ____________________
8.Federal Action Number, if known:9.Award Amount, if known:
10.Name and Address of Lobby Entity 11.Individuals Performing Services
(If individual, last name, first name, MI) (including address if different from No. 10)
(last name, first name, MI)
(attach Continuation Sheet(s) if necessary)
12.Amount of Payment (check all that apply)14.Type of Payment (check all that apply)
$ _____________ actual planned a. retainer
b. one-time fee
13.Form of Payment (check all that apply):c. commission
a. cash d. contingent fee
b. in-kind; specify: nature _______________e deferred
Value _____________ f. other, specify _________________________
15.Brief Description of Services Performed or to be performed and Date(s) of Service, including
officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12:
(attach Continuation Sheet(s) if necessary)
16.Continuation Sheet(s) attached: Yes No
17.Information requested through this form is authorized by Title
31 U.S.C. Section 1352. This disclosure of lobbying reliance
was placed by the tier above when his transaction was made or
entered into. This disclosure is required pursuant to 31 U.S.C.
1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any
person who fails to file the required disclosure shall be subject
to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Signature: ________________________________________
Print Name: _______________________________________
Title: ____________________________________________
Telephone No.: ____________________ Date: ___________
Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL
Standard Form LLL Rev. 04-28-06
Distribution: Orig- Local Agency Project Files
APPENDIX L - 1
HR&A Advisors, Inc. does not participating in Federal Lobbying activities.
Judith Taylor
Partner, HR&A Advisors, Inc.
310-882-0356 4/14/2021
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AGENDA ITEM 6E
Agenda Item 6E
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: July 14, 2021
TO: Riverside County Transportation Commission
FROM: Western Riverside County Programs and Projects Committee
David Thomas, Interim Toll Program Director
THROUGH: Anne Mayer, Executive Director
SUBJECT: Construction and Maintenance Agreement with BNSF Railway for
Interstate 15/State Route 91 Express Lanes Connector Project
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF
RECOMMENDATION:
This item is for the Commission to:
1) Approve Agreement No. 21-31-098-00 with BNSF Railway (BNSF) for a construction and
maintenance (C&M) agreement, including property acquisition, for the
Interstate 15/State Route 91 Express Lanes Connector Project (15/91 ELC) in the amount
of $1,988,607, plus a contingency amount of $104,470, for a total amount not to exceed
$2,093,077;
2) Authorize the Executive Director, pursuant to legal counsel review, to finalize negotiations
with BNSF and execute the agreement on behalf of the Commission; and
3) Authorize the Executive Director or designee to approve the use of the contingency
amount as may be required by the 15/91 ELC.
BACKGROUND INFORMATION:
The 15/91 ELC will provide tolled express lanes connectors between the existing 91 Express Lanes
and the future 15 Express Lanes to the north of SR-91 (Figure 1: Vicinity Map).
The 15/91 ELC involves adding:
1) A single-lane tolled express lane connector from the eastbound 91 Express Lanes to the
future northbound 15 Express Lanes that would extend in the median of I-15 in the
vicinity of the Hidden Valley Parkway interchange; and
2) A single-lane tolled express lane connector from the future southbound 15 Express
Lanes that would extend from the median of I-15 in the vicinity of the Hidden Valley
Parkway interchange and connect to the westbound 91 Express Lanes.
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Agenda Item 6E
In addition, operational improvements are proposed to eastbound SR-91 consisting of
extending the single-lane of the eastbound 91 Express Lanes and adding one general purpose
lane through the 15/91 interchange.
DISCUSSION:
At the March 11, 2020 meeting, the Commission approved Agreement No. 19-31-074-00 with
Myers-Rados Joint Venture (MRJV) as the design-build contractor to design and construct the
15/91 ELC. Over the past year MRJV has been developing the design plans including new bridge
structures crossing the BNSF right of way in the vicinity of the Porphyry Yard at the
15/91 interchange.
The 15/91 ELC will require a C&M agreement with BNSF to allow the new bridge structures to be
constructed in BNSF’s right of way in the Porphyry Yard area at the I-15/SR-91 interchange as
part of the 15/91 ELC. The C&M agreement will include payment for flagging and plan review
costs by BNSF and the cost for temporary and permanent easements required for the 15/91 ELC.
Staff and BNSF estimated and negotiated costs totaling $1,988,607 for these elements, and staff
proposes a $104,470 contingency amount for a total authorization of $2,093,077. The
Commission would pay actual costs where the values are estimated.
Staff recommends the Commission authorize the Executive Director to finalize negotiations with
BNSF, execute the C&M agreement on behalf of the Commission, and authorize the
Executive Director or designee to approve the use of the contingency amounts as may be
required by the 15/91 ELC.
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Agenda Item 6E
FISCAL IMPACT:
Financial Information
In Fiscal Year Budget: Yes
N/A Year: FY 2021/22
FY 2022/23 Amount: $1,605,000
$488,077
Source of Funds: SB 132 funds and 91 Express Lanes Toll
Revenue Budget Adjustment: No
N/A
GL/Project Accounting No.: 003039 81402 00000 0000 605 31 81402 $1,309,854
003039 81304 00104 0000 605 31 81301 $783,223
Fiscal Procedures Approved: Date: 06/17/2021
Attachment: Agreement 21-31-098-00 (Draft)
Approved by the Western Riverside County Programs and Projects Committee on
June 28, 2021
In Favor: 12 Abstain: 0 No: 0
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WEST PORPHYRY OVERHEAD
CONSTRUCTION and MAINTENANCE AGREEMENT
08-RIV-91 PM 6.93
BNSF Agreement No. BF-XXXXXXX
STATE Contract No. XXXXXX
EA 08-XXXXXX
RCTC Agreement No. 21-31-098-00
STATE Br. No. 56-0446
U.S. D.O.T. No. 026522X
San Bernardino Subdivision
LS 7602
MP 23.43
This Agreement (“Agreement”), is executed to be effective as of ___________________ (“Effective
Date”), by and between BNSF RAILWAY COMPANY, a Delaware corporation ("BNSF"), the STATE
OF CALIFORNIA, acting through the Department of Transportation, hereinafter referred to as
(“STATE”), and the Riverside County Transportation Commission hereinafter referred to as (“RCTC”),
a public entity of the State of California, hereinafter referred to as (“Parties”).
RECITALS:
WHEREAS, BNSF owns and operates a line of railroad in and through the City of Corona, County of
Riverside, State of California, hereinafter referred to as (“Rail Corridor”);
WHEREAS, under STATE Records, the West Porphyry Overhead is also called the Temescal Bridge
and Overhead. For the purpose of this Agreement, these two names are interchangeable and may be
referred to hereinafter as West Porphyry Overhead or Temescal Overhead;
WHEREAS, BNSF’s predecessor in interest, The Atchison, Topeka and Santa Fe Railway Company
and STATE entered into an Agreement dated June 15, 1959, carried in BNSF’s records as BNSF
Secretary’s Contract No. CL-63822, (“Original Agreement”) which provided for STATE’s construction
of the West Porphyry Overhead (Temescal Bridge and Overhead) STATE Br. No. 56-0446, DOT No.
026522X, (“OVERHEAD”) over the Rail Corridor;
WHEREAS, the RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
(“DISTRICT”) was added as a party to the Original Agreement by supplement dated July 23, 1985,
providing for STATE’s widening of the OVERHEAD over the Rail Corridor, the construction of the
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Temescal Flood Control Channel (“CHANNEL”) across the Rail Corridor, and the replacement of
BNSF’s Br. 23.5, (“STRUCTURE”) over the CHANNEL;
WHEREAS, a supplement to the Original Agreement dated July 11, 2014, provided for RCTC’s
widening of the OVERHEAD over the Rail Corridor to allow for the extension of the existing tolled
express lanes on STATE Route 91 between the Riverside/Orange County line and Interstate Highway
I-15 South (“SR-91 Corridor Improvement Project”);
WHEREAS, BNSF and DISTRICT entered into a separate Ownership and Maintenance Agreement
covering the ownership and maintenance responsibilities for the CHANNEL and STRUCTURE;
WHEREAS, BNSF, STATE and DISTRICT entered into a separate Termination Agreement providing
for the cancellation and termination of the Original Agreement, as supplemented, effective upon
completion of the construction of the SR-91 Corridor Improvement Project’s modification of the
OVERHEAD;
This Agreement shall provide for the invoicing of the costs of the railroad work to be performed by
BNSF and the reimbursement to BNSF, by RCTC, of such costs in connection with the modification of
all four of the overpasses which are part of the SR-91 Corridor Improvement Project;
WHEREAS, RCTC and STATE desire to proceed with construction involving the modification of the
OVERHEAD providing for its partial demolition, widening, construction of express lanes, and new ramp
connections to Interstate Highway I-15 North to accommodate the Interstate Highway I-15/SR-91
Express Lane Connector Project (“I-15/SR-91 Express Lane Connector Project”);
WHEREAS, RCTC will fund the cost to design and construct the I-15 Express Lane Connector Project
using a design build contractor (“Contractor”);
WHEREAS, STATE is the owner of STATE Route 91, Interstate Highway I-15 and the STATE Highway
System;
WHEREAS, RCTC and STATE have entered into Cooperative Agreement No. 08-1679 dated
September 21, 2018, permitting RCTC to acquire property on behalf of STATE and to design and
construct the I-15/SR-91 Express Lane Connector Project;
WHEREAS, upon completion and acceptance of the I-15/SR-91 Express Lane Connector Project by
STATE, STATE will thereafter own and maintain all highway improvements made by RCTC under this
Agreement;
WHEREAS, pursuant to this Agreement, RCTC will acquire from BNSF a Temporary Construction
License; and
WHEREAS, pursuant to this Agreement, RCTC will acquire a permanent easement (“Easement”), on
behalf of the STATE, as required for the I-15/SR-91 Express Lane Connector Project .
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NOW, THEREFORE, in consideration of the mutual covenants and agreements of the Parties
contained herein, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as
follows:
ARTICLE I) SCOPE OF WORK
1. The term "Project" as used herein includes any and all work related to the construction of the
proposed I-15/SR-91 Express Lane Connector Project widening of the West Porphyry Overhead (I-15
North) State Br. No. 56-0446 (hereinafter referred to as the "Structure"), more particularly described
on the Exhibit A attached hereto and incorporated herein, including, but not limited to, any and all
changes to telephone, telegraph, signal and electrical lines and appurtenances, temporary and
permanent track work, fencing, grading, alterations to or new construction of drainage facilities,
preliminary and construction engineering and contract preparation, right of way acquisition, construction
management. Additionally, temporary controls during construction must be in compliance with Section
8A.08, "Temporary Traffic Control Zones" of the California Manual of Uniform Traffic Control Devices
(“CAMUTCD”).
ARTICLE II) BNSF OBLIGATIONS
In consideration of the covenants of RCTC and STATE set forth herein and the faithful performance
thereof, BNSF agrees as follows:
1. Upon RCTC payment to BNSF of an administrative fee in the sum of Two Thousand Five
Hundred and No/100 Dollars ($2,500), together with the Temporary Construction License Fee in the
sum of XXXXXXXXXXXXX and No/100 Dollars ($XXX,XXX), BNSF hereby grants to RCTC, its
successors and assigns, upon and subject to the terms and conditions set forth in this Agreement, a
temporary non-exclusive license (hereinafter called, “Temporary Construction License”) to construct
the Project across or upon the portion of BNSF's right-of-way described further on Exhibit A-1, as
described further in the Legal Descriptions, Exhibit G and as shown on Parcel Maps Exhibit G1,
attached to this Agreement, excepting and reserving BNSF’s rights, and the rights of any others who
have obtained, or may obtain, permission or authority from BNSF, to do the following:
(a) Operate, maintain, renew and/or relocate any and all existing railroad track or tracks,
wires, pipelines and other facilities of like character upon, over or under the surface of
said right-of-way for the Rail Corridor;
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(b) Construct, operate, maintain, renew and/or relocate upon said right-of-way, without
limitation, such facilities as the BNSF may from time to time deem appropriate, provided
such facilities do not materially interfere with the RCTC’s construction of the Project;
(c) Otherwise use or operate the right-of-way as BNSF may from time to time deem
appropriate, provided such use or operations does not materially interfere with STATE’s
use of the East Corona Overhead; and
(d) Require RCTC or its contractor to execute a Temporary Construction Crossing
Agreement, for any temporary crossing requested to aid in the construction of this Project.
The term of the Temporary Construction License shall begin on the date that the Contractor
issues a Notice to Commence Construction at the start of flagging services and ends on the earlier of
(i) substantial completion of the Project, or (ii) Thirty (30) months following the Notice to Commence
Construction. The Temporary Construction License and related rights to be given by BNSF to RCTC
shall be without warranty of title of any kind, express or implied, and no covenant of warranty of title will
be implied from the use of any word or words therein contained. The Temporary Construction License
shall be for the construction of the Project and for no other purpose. In the event STATE or RCTC is
evicted by anyone owning, or claiming title to or any interest in said Rail Corridor, BNSF will not be
liable to STATE or RCTC for any damages, losses or any expenses of any nature whatsoever. BNSF
shall not grant similar rights to others, subsequent to the date of this Agreement, that impair or interfere
with the rights granted to RCTC pursuant to the Temporary Construction License.
Upon RCTC payment to BNSF of the additional sum of XXXXXXXXXXX and No/100 Dollars
($XX,XXX), such payment to be made within thirty (30) days of issuing the Notice to Proceed pursuant
to Article III, Section 16 of this Agreement, and provided further that RCTC is in compliance with the
term and conditions of this Agreement, BNSF will grant to State, its successors and assigns, an
easement (hereinafter called, the “Easement”) to enter upon and use that portion of BNSF’s right-of-
way as is necessary to use and maintain the Structure, substantially in the form of Exhibit B attached
to this Agreement. If RCTC fails to pay BNSF within the thirty day time period set forth in the preceding
sentence, BNSF may stop construction of the Project until full payment is received by BNSF.
2. BNSF will furnish all labor, materials, tools, and equipment for railroad work required for the
construction of the Project, such railroad work and the estimated cost thereof being as shown on Exhibit
D attached hereto and made a part hereof. In the event construction on the Project has not commenced
within six (6) months following the Effective Date, BNSF may, in its sole and absolute discretion, revise
the cost estimates set forth in said Exhibit D. In such event, the revised cost estimates will become a
part of this Agreement as though originally set forth herein. Any item of work incidental to the items
listed on Exhibit D not specifically mentioned therein may be included as a part of this Agreement upon
written approval of RCTC, which approval will not be unreasonably withheld. Construction of the Project
must include the following railroad work by BNSF:
a) Procurement of materials, equipment and supplies necessary for the railroad work;
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b) Preliminary engineering, design, and contract preparation;
(c) Furnishing of flagging services during construction of the Project as required and set forth
in further detail on Exhibit C;
(d) Furnishing engineering and inspection as required in connection with the construction of
the Project;
(e) Providing a contract project coordinator, at RCTC’s expense, to serve as a project
manager for the Project;
3. BNSF will do all railroad work set forth in Article II, Section 2 above on an actual cost basis, when
BNSF, in its sole discretion, determines it is required by its labor agreements to perform such work with
its own employees working under applicable collective bargaining agreements.
4. RCTC agrees to reimburse BNSF for work of an emergency nature caused by RCTC or RCTC’s
contractor in connection with the Project which BNSF deems is reasonably necessary for the immediate
restoration of railroad operations, or for the protection of persons or BNSF property. Such work may
be performed by BNSF with notification provided to RCTC as soon as practicable and RCTC agrees to
fully reimburse BNSF for all such emergency work.
5. BNSF may charge RCTC for insurance expenses, including self-insurance expenses, when such
expenses cover the cost of Employer's Liability (including, without limitation, liability under the Federal
Employer's Liability Act) in connection with the construction of the Project. Such charges will be
considered part of the actual cost of the Project, regardless of the nature or amount of ultimate liability
for injury, loss or death to BNSF's employees, if any.
6. During the construction of the Project, BNSF will send RCTC progressive invoices detailing the
costs of the railroad work performed by BNSF under this Agreement. RCTC must reimburse BNSF for
completed force-account work within thirty (30) days of the date of the invoice for such work. Upon
completion of the Project, BNSF will send RCTC a detailed invoice of final costs, segregated as to labor
and materials for each item in the recapitulation shown on Exhibit D. Pursuant to this section and
Article IV, Section 7 herein, RCTC must pay the final invoice within ninety (90) days of the date of the
final invoice. BNSF will assess a finance charge of .033% per day (12% per annum) on any unpaid
sums or other charges due under this Agreement which are past its credit terms. The finance charge
continues to accrue daily until the date payment is received by BNSF, not the date payment is made or
the date postmarked on the payment. Finance charges will be assessed on delinquent sums and other
charges as of the end of the month and will be reduced by amounts in dispute and any unposted
payments received by the month’s end. Finance charges will be noted on invoices sent to RCTC under
this section. For purposes of computing the time limits prescribed by Section 911.2 of the
California Government Code for the presentment of a claim against the RCTC the cause of
action for failure to reimburse BNSF for the costs of the Railroad work performed by it pursuant
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to this Agreement shall be deemed to have accrued one hundred and eighty (180) days after the
date of receipt of the final invoice.
ARTICLE III) RCTC OBLIGATIONS
In consideration of the covenants of STATE and BNSF set forth herein and the faithful performance
thereof, RCTC agrees as follows:
1. RCTC must furnish to BNSF and STATE plans and specifications for the Project. One digital
set of said plans (reduced size 11” x 17”), together with one digital copy of calculations, and one digital
copy of specifications in English Units, must be submitted to BNSF and STATE for approval prior to
commencement of any construction. BNSF will give RCTC final written approval of the plans and
specifications substantially in the form of Exhibit E, attached to this Agreement and made a part hereof.
Upon BNSF’s final written approval of the plans and specifications, said plans and specifications will
become part of this Agreement and are hereby incorporated herein. Any approval of the plans and
specifications by BNSF shall in no way obligate BNSF in any manner with respect to the finished
product design and/or construction. Any approval by BNSF shall mean only that the plans and
specifications meet the subjective standards of BNSF, and such approval by BNSF shall not be deemed
to mean that the plans and specifications or construction is structurally sound and appropriate or that
such plans and specifications meet applicable regulations, laws, statutes or local ordinances and/or
building codes.
2. RCTC must make application to the California Public Utility Commission (“Commission”) for
an order authorizing construction of the Project and will furnish the Commission plans of the proposed
construction, approved by BNSF and STATE, together with a copy of this Agreement.
3. RCTC must obtain all other required permits and approvals for the construction of the project.
4. RCTC must provide for and maintain minimum vertical and horizontal clearances, as required in
Exhibit C and as approved by BNSF as part of the plans and specifications for the Project. Prior to
execution of this Agreement RCTC shall have provided to BNSF exact minimum vertical and horizontal
clearances for the Project, and such Final Clearances must have been previously approved by BNSF
and attached hereto and incorporated herein as Exhibit A (“Final Clearances”). RCTC shall not deviate
from the Final Clearances agreed to prior to this Agreement without the prior written approval of BNSF.
5. RCTC must acquire all rights of way necessary for the construction of the Project.
6. RCTC must make any and all arrangements, in compliance with BNSF’s Utility Accommodation
Manual (http://www.bnsf.com/communities/faqs/pdf/utility.pdf), for the installation or relocation of wire
lines, pipe lines and other facilities owned by private persons, companies, corporations, political
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subdivisions or public utilities other than BNSF which may be necessary for the construction of the
Project..
7. RCTC must construct the Project as shown on the attached Exhibit A and do all work (“RCTC’s
Work”) provided for in the plans and specifications for the Project, except railroad work that will be
performed by BNSF hereunder. RCTC must furnish all labor, materials, tools and equipment for the
performance of RCTC Work. The principal elements of RCTC Work are as follows:
(a) Preliminary and final Engineering;
(b) Design and the construction of the OVERHEAD;
(c) Construction of required retaining walls;
(d) Repairing the scouring of the head of banks by storm water runoff from the highway
surface above at the south abutment for the existing structure and installation of slope
paving;
(e) Providing of suitable drainage, both temporary and permanent, and correct the drainage
that is currently flowing to BNSF’s property so that no highway drainage is directed to
BNSF’s Rail Corridor;
(f) All other necessary grading and paving, including backfill of excavations and restoration
of disturbed vegetation on BNSF’s Rail Corridor;
(g) Application of the DOT No. 026595H and the CPUC No. 002B-22.90-A signage in
conspicuous locations on the EXPRESS LANE OVERHEAD;
(h) Removal of the sleeves for any CID Piles to a depth of five feet below ground surface;
and
(i) Job site cleanup within Project area including removal of all construction materials, all
temporary track embankment not being reused by BNSF, all ballast not reclaimed by
BNSF, concrete debris, surplus soil, refuse, disturbed contaminated soils, asphalt debris,
litter and other waste materials to the satisfaction of BNSF
8. RCTC’s Work must be performed by RCTC or RCTC’s contractor in a manner that will not
endanger or interfere with the safe and timely operations of BNSF and its facilities.
9. RCTC must require its contractor(s) to notify BNSF's Roadmaster at least thirty (30) calendar
days prior to requesting a BNSF flagman in accordance with the requirements of Exhibit C attached
hereto. Additionally, RCTC must require its contractor(s) to notify BNSF’s Manager of Public Projects
thirty (30) calendar days prior to commencing work on BNSF property or near BNSF tracks.
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10. RCTC or its contractor(s) must submit one (1) digital copy of any plans (including one set of
calculations in English Units) for proposed shoring, falsework or cribbing to be used over, under, or
adjacent to BNSF's tracks to BNSF's Project Engineer for approval. The shoring, falsework or cribbing
used by RCTC contractor shall comply with the BNSF Bridge Requirements set forth on Exhibit F and
all applicable requirements promulgated by state and federal agencies, departments, commissions and
other legislative bodies. If necessary, RCTC must submit for approval one (1) copy of a professionally
engineered demolition plan, as set forth in Exhibit H, with applicable calculations to BNSF’s Project
Engineer. The existing East Corona Overhead will not be removed until BNSF approves RCTC’s
demolition plan in writing.
11. RCTC must include the following provisions in any contract with its contractor(s) performing work
on said Project:
(a) The Contractor is placed on notice that fiber optic, communication and other cable
lines and systems (collectively, the “Lines”) owned by various telecommunications
companies may be buried on BNSF’s property or right-of-way. The locations of these
Lines have been included on the plans based on information from the
telecommunications companies. The Contractor will be responsible for contacting
BNSF’s Engineering Representative, Signal Representative and the
telecommunications companies and notifying them of any work that may damage
these Lines or facilities and/or interfere with their service. The Contractor must also
mark all Lines shown on the plans or marked in the field in order to verify their
locations. The Contractor must also use all reasonable methods when working in the
BNSF right-of-way or on BNSF property to determine if any other Lines (fiber optic,
cable, communication or otherwise) may exist.
(b) The Contractor will be responsible for the rearrangement of any facilities or Lines
determined to interfere with the construction. The Contractor must cooperate fully
with any telecommunications company(ies) in performing such rearrangements.
(c) Failure to mark or identify these Lines will be sufficient cause for BNSF’s engineering
representative to stop construction at no cost to the or BNSF until these items are
completed.
(d) In addition to the liability terms contained elsewhere in this Agreement, The Contractor
hereby indemnifies, defends and holds harmless BNSF for, from and against all cost,
liability, and expense whatsoever (including, without limitation, attorney’s fees and
court costs and expenses) arising out of or in any way contributed to by any act or
omission of Provider, its subcontractors, agents and/or employees that cause or in
any way or degree contribute to (1) any damage to or destruction of any Lines by
Provider, and/or its subcontractors, agents and/or employees, on BNSF’s property or
within BNSF’s right-of-way, (2) any injury to or death of any person employed by or on
behalf of any telecommunications company, and/or its contractor, agents and/or
employees, on BNSF’s property or within BNSF’s right-of-way, and/or (3) any claim or
cause of action for alleged loss of profits or revenue by, or loss of service by a
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customer or user of such telecommunication company(ies). THE LIABILITY
ASSUMED BY THE CONTRACTOR WILL NOT BE AFFECTED BY THE FACT, IF
IT IS A FACT, THAT THE DAMAGE, DESTRUCTION, INJURY, DEATH, CAUSE OF
ACTION OR CLAIM WAS OCCASIONED BY OR CONTRIBUTED TO BY THE
NEGLIGENCE OF BNSF, ITS AGENTS, SERVANTS, EMPLOYEES OR
OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE
PROXIMATELY CAUSED BY THE WILLFUL MISCONDUCT OR SOLE
NEGLIGENCE OF BNSF.
12. RCTC must require compliance with the obligations set forth in this agreement, including Exhibit
C and Exhibit C-1, and incorporate in each prime contract for construction of the Project, or the
specifications therefor (i) the provisions set forth in Article III and IV; and (ii) the provisions set forth in
Exhibit C, Exhibit C-l, and Exhibit F attached hereto and by reference made a part hereof.
13. Except as otherwise provided below in this Section 13, all construction work performed
hereunder by RCTC for the Project will be pursuant to a contract or contracts to be let by RCTC, and
all such contracts must include the following:
(a) All work performed under such contract or contracts within the limits of BNSF's right-of-
way must be performed in a good and workmanlike manner in accordance with plans and
specifications approved by BNSF;
(b) Changes or modifications during construction that affect safety or BNSF operations must
be subject to BNSF's approval;
(c) No work will be commenced within BNSF's right-of-way until each of the prime contractors
employed in connection with said work must have (i) executed and delivered to BNSF an
agreement in the form of Exhibit C-l, and (ii) delivered to and secured BNSF's approval
of the required insurance; and
(d) To facilitate scheduling for the Project, RCTC shall have its contractor give BNSF’s
representative 8 weeks advance notice of the proposed times and dates for work
windows. BNSF and RCTC contractor will establish mutually agreeable work windows
for the Project. BNSF has the right at any time to revise or change the work windows,
due to train operations or service obligations. BNSF will not be responsible for any
additional costs and expenses resulting from a change in work windows. Additional costs
and expenses resulting from a change in work windows shall be accounted for in the
contractor’s expenses for the Project.
(e) The plans and specifications for the Project must be in compliance with the Bridge
Requirements set forth on Exhibit F, attached to this Agreement and incorporated herein.
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14. RCTC must advise the appropriate BNSF Manager of Public Projects, in writing, of the
completion date of the Project within thirty (30) days after such completion date. Additionally, RCTC
must notify BNSF's Manager of Public Projects, in writing, of the date on which RCTC and/or its
Contractor will meet with BNSF for the purpose of making final inspection of the Project.
15. TO THE FULLEST EXTENT PERMITTED BY LAW, RCTC HEREBY RELEASES,
INDEMNIFIES, DEFENDS AND HOLDS HARMLESS STATE AND BNSF, ITS AFFILIATED
COMPANIES, PARTNERS, SUCCESSORS, ASSIGNS, LEGAL REPRESENTATIVES, OFFICERS,
DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS FOR, FROM AND AGAINST ANY
AND ALL CLAIMS, LIABILITIES, FINES, PENALTIES, COSTS, DAMAGES, LOSSES, LIENS,
CAUSES OF ACTION, SUITS, DEMANDS, JUDGMENTS AND EXPENSES (INCLUDING, WITHOUT
LIMITATION, COURT COSTS AND ATTORNEYS’ FEES) OF ANY NATURE, KIND OR
DESCRIPTION OF ANY PERSON (INCLUDING, WITHOUT LIMITATION, THE EMPLOYEES OF
THE PARTIES HERETO) OR ENTITY DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING
FROM OR RELATED TO (IN WHOLE OR IN PART) (I) THE USE, OCCUPANCY OR PRESENCE OF
RCTC, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES OR AGENTS IN, ON, OR ABOUT
THE CONSTRUCTION SITE, (II) THE PERFORMANCE, OR FAILURE TO PERFORM BY THE
RCTC, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR AGENTS, ITS WORK OR
ANY OBLIGATION UNDER THIS AGREEMENT, (III) THE SOLE OR CONTRIBUTING ACTS OR
OMISSIONS OF RCTC, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR AGENTS
IN, ON, OR ABOUT THE CONSTRUCTION SITE, (IV) RCTC’S BREACH OF THE TEMPORARY
CONSTRUCTION LICENSE OR EASEMENT GRANTED TO RCTC PURSUANT TO ARTICLE II OF
THIS AGREEMENT, (V) ANY RIGHTS OR INTERESTS GRANTED TO RCTC PURSUANT TO THE
TEMPORARY CONSTRUCTION LICENSE OR EASEMENT DISCUSSED IN ARTICLE II OF THIS
AGREEMENT, (VI) RCTC’S OCCUPATION AND USE OF BNSF’S PROPERTY OR RIGHT-OF-WAY,
INCLUDING, WITHOUT LIMITATION, SUBSEQUENT MAINTENANCE OF THE STRUCTURE BY
RCTC, OR (VII) AN ACT OR OMISSION OF RCTC OR ITS OFFICERS, AGENTS, INVITEES,
EMPLOYEES OR CONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY
OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER. THE LIABILITY
ASSUMED BY RCTC WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE
DAMAGE, DESTRUCTION, INJURY OR DEATH WAS OCCASIONED BY OR CONTRIBUTED TO
BY THE NEGLIGENCE OF BNSF, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE,
EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE WILLFUL
MISCONDUCT OR SOLE NEGLIGENCE OF STATE OR BNSF.
16. RCTC must give BNSF’s Manager of Public Projects written notice to proceed (“Notice to
Proceed”) with the railroad work after receipt of necessary funds for the Project. BNSF will not begin
the railroad work (including, without limitation, procurement of supplies, equipment or materials) until
written notice to proceed is received from RCTC.
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ARTICLE IV - STATE OBLIGATIONS
In consideration of the covenants of BNSF and RCTC herein contained and the faithful performance
thereof, STATE agrees:
1. To permit RCTC to act as the responsible lead to design and construct the Project.
2. Upon completion, STATE will own and maintain, at its sole cost and expense, the
STRUCTURE, the highway approaches, and appurtenances thereto, lighting, drainage and any
access roadway to BNSF gates installed pursuant to this Agreement.
3. State must provide BNSF with any and all necessary permits and maintain roadway traffic
controls, at no cost to BNSF, whenever requested by BNSF to allow BNSF to inspect the Structure.
4. STATE must, at STATE’s sole cost and expense, keep the STRUCTURE painted and free
from graffiti;
5. STATE must maintain the DOT No. 026522X and CPUC No. 002B-22.90-A signage in legible
condition in the conspicuous locations on the STRUCTURE where applied by RCTC during
construction;
6. It is understood by STATE that the right to install utilities for highway purposes is restricted to
the placement of underground utilities beneath BNSF's tracks located a minimum of fifty (50) feet
from abutments, piers, piles, or footings with the exception that upon BNSF’s prior approval BNSF will
permit selected utilities to be installed closer to the abutments, piers, piles, footings. Under no
circumstances will utilities be allowed to hang from the STRUCTURE. All utility crossings within the
limits of BNSF's Rail Corridor will be covered by separate agreements between BNSF and each of
the owners of the utilities.
7. It is expressly understood that the Easement grants the State or RCTC acting on behalf of the
State, the right to install, upgrade, replace, and maintain State-owned utilities on, above or within the
structure so long as the utilities are used exclusively for highway purposes. These utilities do not
require a separate permit or license agreement from BNSF.
8. STATE must keep the STRUCTURE and surrounding areas clean and free from birds,
pigeons, scavengers, vermin, creatures and other animals; and
9. In conformance with and limited to the applicable effect of California Laws insofar as the
indemnity and insurance provisions set forth in any of the preceding sections or any rider,
amendment or addendum hereto, STATE is self-insured. If STATE performs (i) alterations or
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modifications to the STRUCTURE, or (ii) any maintenance or other work on the STRUCTURE with
heavy tools, equipment or machinery at ground surface level, horizontally within 25’-0” of the
centerline of the nearest track, or (iii) any maintenance or other work outside the limits of the deck of
the STRUCTURE vertically above the top of the rail, then STATE shall provide BNSF defense and
indemnification at least equal to the defense, indemnification and insurance provisions contained in
the current Exhibit C-1 at the time alterations or modifications to the STRUCTURE are undertaken, in
accordance with California Government Code section 14662.5. Nothing herein shall be deemed to
insure BNSF against its sole negligence or willful misconduct. Notwithstanding the foregoing, STATE
agrees not to commence such alterations, modifications, maintenance, or other work to the
STRUCTURE with day labor, until such time as (i) BNSF has procured, at STATE’s sole cost and
expense, a Railroad Protective Liability insurance policy naming BNSF as the insured, as required by
the current Exhibit C-1, and (ii) STATE has reimbursed BNSF for the costs to obtain the Railroad
Protective Liability insurance policy.
10. Subject to the restrictions imposed by Article V, Section 11 below, STATE must notify and
obtain prior authorization from BNSF's Manager Public Projects to perform (i) inspection that requires
access to BNSF rights of way, (ii) alterations or modifications to the STRUCTURE, or (iii) any
maintenance or other work on, over or under the STRUCTURE before entering BNSF's Rail Corridor
or for work located a minimum distance of 25’-0” measured horizontally from the centerline of the
nearest track or a greater distance specified by BNSF’s Manager Public Projects and must comply
with the obligations set forth in Exhibit C, Exhibit C-1 and Exhibit F, as the same may be revised from
time to time. In the event any of the work to be done on behalf of STATE upon BNSF's Rail Corridor
is to be done by a contractor, STATE will be responsible for its contractor(s) compliance with such
obligations.
11. PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 14662.5, STATE HEREBY
AGREES TO INDEMNIFY AND HOLD HARMLESS BNSF FROM, AND TO REPAIR OR PAY FOR
ANY DAMAGE PROXIMATELY CAUSED BY REASON OF THE USES AUTHORIZED BY THIS
AGREEMENT AND THE EASEMENTS PERTAINING TO THE STRUCTURE.
ARTICLE (V) JOINT OBLIGATIONS
IN CONSIDERATION of the premises, the parties hereto mutually agree to the following:
1. All work contemplated in this Agreement must be performed in a good and workmanlike manner
and each portion must be promptly commenced by the party obligated hereunder to perform the same
and thereafter diligently prosecuted to conclusion in its logical order and sequence. Furthermore, any
changes or modifications during construction which affect BNSF will be subject to BNSF's approval
prior to the commencement of any such changes or modifications. BNSF will notify RCTC of potential
impacts to Project at the time said impacts are known, subject to the provisions of Article II, Section 5.
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2. The work hereunder must be done in accordance with the Bridge Requirements set forth on
Exhibit F and the detailed plans and specifications approved by BNSF.
3. RCTC must require its contractor(s) to reasonably adhere to the Project's construction schedule
for all Project work. The parties hereto mutually agree that BNSF's failure to complete the railroad work
in accordance with the construction schedule due to inclement weather or unforeseen railroad
emergencies will not constitute a breach of this Agreement by BNSF and will not subject BNSF to any
liability. Regardless of the requirements of the construction schedule, BNSF reserves the right to
reallocate the labor forces assigned to complete the railroad work in the event of an emergency to
provide for the immediate restoration of railroad operations of either (BNSF or its related railroads) or
to protect persons or property on or near any BNSF owned property. BNSF will not be liable for any
additional costs or expenses resulting from any such reallocation of its labor forces. The parties
mutually agree that any reallocation of labor forces by BNSF pursuant to this provision and any direct
or indirect consequences or costs resulting from any such reallocation will not constitute a breach of
this Agreement by BNSF.
4. BNSF will have the right to stop construction work on the Project if any of the following events
take place: (i) RCTC (or any of its contractors) performs the Project work in a manner contrary to the
plans and specifications approved by BNSF; (ii) RCTC (or any of its contractors), in BNSF’s opinion,
prosecutes the Project work in a manner that is hazardous to BNSF property, facilities or the safe and
expeditious movement of railroad traffic; (iii) the insurance described in the attached Exhibit C-1 is
canceled during the course of the Project; or (iv) RCTC fails to pay BNSF for the Temporary
Construction License or the Easement pursuant to Article II, Section 1 of this Agreement. The work
stoppage will continue until all necessary actions are taken by RCTC or its contractor to rectify the
situation to the satisfaction of BNSF’s Division Engineer or until proof of additional insurance has been
delivered to and accepted by BNSF. In the event of a breach of (i) this Agreement, (ii) the Temporary
Construction License, or (iii) the Easement, BNSF may immediately terminate the Temporary
Construction License or the Easement. Any such work stoppage under this provision will not give rise
to any liability on the part of BNSF. BNSF’s right to stop the work is in addition to any other rights BNSF
may have including, but not limited to, actions or suits for damages or lost profits. In the event that
BNSF desires to stop construction work on the Project, BNSF agrees to immediately notify the following
individual in writing:
David Thomas
Toll Program Director
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
4080 Lemon Street, 3rd Floor
Riverside, CA 92502-2208
Office: (951) 778-7958
Fax (951) 787-7920
dthomas@rctc.org
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5. RCTC must supervise and inspect the operations of all RCTC contractors to ensure compliance
with the plans and specifications approved by BNSF, the terms of this Agreement and all safety
requirements of BNSF. If BNSF determines that proper supervision and inspection are not being
performed by RCTC personnel at any time during construction of the Project, BNSF has the right to
stop construction (within or adjacent to its operating right-of-way). Construction of the Project will not
proceed until RCTC corrects the situation to BNSF’s reasonable satisfaction. If BNSF feels the situation
is not being corrected in an expeditious manner, BNSF will immediately notify for appropriate corrective action.
6. Pursuant to this section and Article II, Section 6 herein, RCTC must reimburse BNSF in full for the actual
costs of all work performed by BNSF under this Agreement (including taxes, such as applicable sales and use
taxes, business and occupation taxes, and similar taxes), less BNSF’s Share as set forth in Article IV, Section 6
herein. BNSF’s Share must be paid upon completion of the Project.
7. In any action brought under this Agreement, the prevailing Party shall be entitled to recover its actual
costs and attorney’s fees pursuant to California Civil Code Section 1717, as well as other litigation costs,
including expert witness fees. The prevailing Party shall also be entitled to recover all actual attorneys’ fees
and litigation costs incurred in connection with the enforcement of a judgment arising from such action or
proceeding.
8. All expenses detailed in statements sent to RCTC pursuant to Article II, Section 6 herein will comply with
the terms and provisions of the Title 23 U.S. Code, Title 23 Code of Federal Regulations, and the Federal-Aid
Policy Guide, U.S. Department of Transportation, as amended from time to time, which manual is hereby
incorporated into and made a part of this Agreement by reference. The parties mutually agree that BNSF's
preliminary engineering, design, and contract preparation costs described in Article II, Section 2 herein are part
of the costs of the Project even though such work may have preceded the date of this Agreement.
9. The parties mutually agree that neither construction activities for the Project, nor future maintenance of
the Structure once completed, will be permitted during the fourth quarter of each calendar year. Emergency work
will be permitted only upon prior notification to BNSF's Network Operations Center (telephone number: 800 832-
5452). The parties hereto mutually understand and agree that trains cannot be subjected to delay during this
time period.
10. Subject to the restrictions imposed by Article IV, Section 9 above, the construction of the Project will not
commence until RCTC gives BNSF's Manager of Public Projects thirty (30) days prior written notice of such
commencement. The commencement notice will reference D.O.T. Crossing No. 026595H and must state the
time that construction activities will begin.
11. In addition to the terms and conditions set forth elsewhere in this Agreement, including, but not limited
to, the terms and conditions stated in Exhibit F, BNSF and RCTC agree to the following terms upon completion
of construction of the Project:
(a) BNSF will continue to own and maintain, at its sole cost and expense, its roadbed,
track, railroad drainage, and all other railroad facilities, however, nothing herein
contained shall relieve STATE of any liability it would otherwise have with respect to
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15
damage caused to the STRUCTURE by negligent act or omission of STATE or its
employees;
(b) In the event emergency repairs to the Structure appear necessary due to an earthquake, fire,
flood, damage from vehicular impacts or other emergent situations, BNSF will immediately notify
STATE of the need. Should emergency repairs become necessary, with prior notice to STATE,
or the situation results in any materials causing an infringement upon or violate the minimum
clearances described in Exhibit C, BNSF may remove the materials by any methods that would
not cause damage to or in any way jeopardize the structural integrity of the bridge deck,
superstructure, or substructure. Notification of such action must be communicated to the
STATE’s district bridge maintenance superintendent or his delegate as soon as practically
possible.
(c) It is expressly understood that the Easement grants the State or RCTC acting on behalf
of the State, the right to install, upgrade, replace, and maintain State-owned utilities on,
above or within the structure so long as the utilities are used exclusively for highway
purposes. These utilities do not require a separate permit or license agreement from
BNSF.
12. RCTC must provide one set of as built plans (prepared in English Units) to BNSF and to STATE, as well
as one set of as built CAD drawings of the Structure and identifying the software used for the CAD drawings.
The "as built plans" must comply with the Bridge Requirements set forth on Exhibit F and depict all information
in BNSF engineering stationing and mile post pluses. The "as built plans" must also include plan and profile,
structural bridge drawings and specifications, and drainage plans. All improvements and facilities must be
shown.
13. Subject to the restrictions imposed by Article IV, Section 9 above and in accordance with the requirements
of Article III, Section 9 above, State must notify and obtain prior authorization from BNSF's Manager of Public
Projects before entering BNSF's right-of-way for INSPECTION OR MAINTENANCE purposes, and the BNSF
Manager of Public Projects will determine if flagging is required. If the construction work hereunder is contracted,
State must require its prime contractor(s) to comply with the obligations set forth in Exhibit C and Exhibit C-1, as
the same may be revised from time to time. State will be responsible for its contractor(s) compliance with such
obligations.
14. In the event that BNSF shall deem it necessary or desirable in the future, in the performance of
its duty as a common carrier, to raise or lower the grade or change the alignment of its tracks or to lay
additional track or tracks or to build other facilities in connection with the operation of its railroad, BNSF
shall, at its expense, have full right to make such changes or additions, provided such changes or
additions do not change or alter the Structure herein proposed to be constructed and provided further,
however, that should it become necessary or desirable in the future to change, alter, widen or
reconstruct the Structure to accommodate railroad projects, the cost of such work, including any cost
incidental to alteration of railroad or highway facilities made necessary by the alteration of the Structure
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16
shall be the sole responsibility of BNSF unless BNSF and State mutually agree to divide the cost in
such shares as may be mutually agreed to by them.
15. State may, at State’s sole expense, alter or reconstruct the highway components of the Structure if
necessary or desirable, due to traffic conditions or pedestrian or other recreational traffic, provided, however,
that any such alteration or reconstruction must receive BNSF’s prior written approval as evidenced by either a
supplement to this Agreement, or execution of a new agreement that provides for the termination of this
Agreement. Furthermore, any alteration or reconstruction of the highway components of the Structure will be
covered by a Commission Order.
16. Any books, papers, records and accounts of the parties hereto relating to the work hereunder or the costs
or expenses for labor and material connected with the construction will at all reasonable times be open to
inspection and audit by the agents and authorized representatives of the parties hereto, as well as the State of
California and the Federal Highway Administration, for a period of one (1) year from the date of the final BNSF
invoice under this Agreement.
17. The covenants and provisions of this Agreement are binding upon and inure to the benefit of
the successors and assigns of the parties hereto. Notwithstanding the preceding sentence, neither
party hereto may assign any of its rights or obligations hereunder without the prior written consent of
the other party.
18. In the event construction of the Project does not commence within (3) years of the Effective
Date, this Agreement will become null and void.
19. Neither termination nor expiration of this Agreement will release either party from any liability or
obligation under this Agreement, whether of indemnity or otherwise, resulting from any acts, omissions
or events happening prior to the date of termination or expiration.
20. To the maximum extent possible, each provision of this Agreement will be interpreted in such a
manner as to be effective and valid under applicable law. If any provision of this Agreement is prohibited
by, or held to be invalid under, applicable law, such provision will be ineffective solely to the extent of
such prohibition or invalidity and the remainder of the provision will be enforceable.
21. This Agreement (including exhibits and other documents, manuals, etc. incorporated herein) is
the full and complete agreement between BNSF and RCTC with respect to the subject matter herein
and supersedes any and all other prior agreements between the parties hereto.
22. Any notice provided for herein or concerning this Agreement must be in writing and will be
deemed sufficiently given when sent by certified mail, return receipt requested, to the parties at the
following addresses:
BNSF: Manager of Public Projects
Kate Kalinosky
740 E. Carnegie Drive
San Bernardino, CA 92408
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Email: kate.kalinosky@bnsf.com
RCTC: Michael Blomquist
Toll Program Director
4080 Lemon Street, 3rd Floor
Riverside, CA 92502-2208
Office: (951) 778-1098
Fax (951) 787-7920
Email: mblomquist@rctc.org
STATE: Department of Transportation
Tiaira T. Moering, Chief
Office of Railroads and Utilities Relocation
Division of Right of Way & Land Surveys
1120 N Street
Sacramento, CA 95814-5690
Office: (916) 654-6553
Email: tiaira.moering @dot.ca.gov
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and
attested by its duly qualified and authorized officials as of the day and year first above written.
BNSF RAILWAY COMPANY
By:
Kate Kalinosky
Manager Public Projects
WITNESS:
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18
RCTC’s signature page follows on the next page.
116
19
RCTC
By:
Printed Name:
Title: _____________________
WITNESS:
STATE’s signature page follows on the next page.
117
20
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By:
TIAIRA T. MOERING
Title: Chief, Office of Railroads & Utility Relocations
Division of Right of Way and Land Surveys
APPROVAL TO FORM:
Attorney
RECOMMENDED FOR APPROVAL
TERESA McNAMARA
Railroad Coodinator
Division of Right of Way and Land Surveys
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Summary of Exhibits
EXHIBIT TITLE
A Plans and Profile Sheets of Project
B Easement Deed
C
C-1
Contractor Requirements
Agreement Between BNSF Railway Company and the
Contractor
D BNSF Cost Estimate
E Plans and Specifications Approval Letter
F BNSF Bridge Requirements
G
G-1
Legal Description
Parcel Map
H BNSF’s Instructions for the Preparation of Demolition Plans
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Exhibit A
[Insert drawing of the Project and/or Structure]
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EASEMENT AGREEMENT
FOR EB and WB Temescal Wash Overhead
(Overpass Agreement)
THIS EASEMENT AGREEMENT FOR _________________ ("Easement
Agreement") is made and entered into as of the ____ day of _________ 2021 ("Effective
Date"), by and between BNSF RAILWAY COMPANY, a Delaware corporation
("Grantor"), and RIVERSIDE COUNTY TRANPORTATION COMMISSION, a public
entity ("Grantee").
A. Grantor owns or controls certain real property situated at or near the vicinity
of Corona, County of Riverside, State of California, at Mile Post 23.43, [Project # BF
10012943], as described or depicted on Exhibit "A-1" attached hereto and made a part
hereof (the "Premises").
B. Grantor and Grantee have entered into that certain Overpass Agreement
dated as of ______________________________________ concerning improvements
on or near the Premises (the “Overpass Agreement”).
C. Grantee has requested that Grantor grant to Grantee an easement over the
Premises for the Easement Purpose (as defined below).
D. Grantor has agreed to grant Grantee such easement, subject to the terms
and conditions set forth in this Easement Agreement.
NOW, THEREFORE, for and in consideration of the foregoing recitals which are
incorporated herein, the mutual promises contained herein, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
agree as follows:
Section 1 Granting of Easement.
1.1 Easement Purpose. The "Easement Purpose" shall be for the purposes
set forth in the OVERPASS Agreement. Any improvements to be
constructed in connection with the Easement Purpose are referred to herein
as "Improvements" and shall be constructed, located, configured and
maintained by Grantee in strict accordance with the terms of this Easement
Agreement and the OVERPASS Agreement.
1.2 Grant. Grantor does hereby grant unto Grantee a non-exclusive easement
("Easement") over the Premises for the Easement Purpose and for no other
purpose. The Easement is granted subject to any and all restrictions,
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covenants, easements, licenses, permits, leases and other encumbrances
of whatsoever nature whether or not of record, if any, relating to the
Premises and subject to all with all applicable federal, state and local laws,
regulations, ordinances, restrictions, covenants and court or administrative
decisions and orders, including Environmental Laws (defined below) and
zoning laws (collectively, "Laws"). Grantor may not make any alterations
or improvements or perform any maintenance or repair activities within the
Premises except in accordance with the terms and conditions of the
OVERPASS Agreement.
1.3 Reservations by Grantor. Grantor excepts and reserves the right, to be
exercised by Grantor and any other parties who may obtain written
permission or authority from Grantor:
(a) to install, construct, maintain, renew, repair, replace, use, operate,
change, modify and relocate any existing pipe, power,
communication, cable, or utility lines and appurtenances and other
facilities or structures of like character (collectively, "Lines") upon,
over, under or across the Premises;
(b) to install, construct, maintain, renew, repair, replace, use, operate,
change, modify and relocate any tracks or additional facilities or
structures upon, over, under or across the Premises; and
(c) to use the Premises in any manner as the Grantor in its sole
discretion deems appropriate, provided Grantor uses all
commercially reasonable efforts to avoid material interference with
the use of the Premises by Grantee for the Easement Purpose.
Section 2 Term of Easement. The term of the Easement, unless sooner terminated
under provisions of this Easement Agreement, shall be perpetual. The term of this
Easement, unless sooner terminated under provisions of this Easement Agreement, shall
expire on the date that is ___________________________________ after the Effective
Date.
Section 3 No Warranty of Any Conditions of the Premises. Grantee acknowledges
that Grantor has made no representation whatsoever to Grantee concerning the state or
condition of the Premises, or any personal property located thereon, or the nature or
extent of Grantor's ownership interest in the Premises. Grantee has not relied on any
statement or declaration of Grantor, oral or in writing, as an inducement to entering into
this Easement Agreement, other than as set forth herein. GRANTOR HEREBY
DISCLAIMS ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR
IMPLIED, AS TO THE DESIGN OR CONDITION OF ANY PROPERTY PRESENT ON
OR CONSTITUTING THE PREMISES, ITS MERCHANTABILITY OR FITNESS FOR
ANY PARTICULAR PURPOSE, THE QUALITY OF THE MATERIAL OR
WORKMANSHIP OF ANY SUCH PROPERTY, OR THE CONFORMITY OF ANY SUCH
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PROPERTY TO ITS INTENDED USES. GRANTOR SHALL NOT BE RESPONSIBLE
TO GRANTEE OR ANY OF GRANTEE'S CONTRACTORS FOR ANY DAMAGES
RELATING TO THE DESIGN, CONDITION, QUALITY, SAFETY, MERCHANTABILITY
OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY PROPERTY PRESENT ON
OR CONSTITUTING THE PREMISES, OR THE CONFORMITY OF ANY SUCH
PROPERTY TO ITS INTENDED USES. GRANTEE ACCEPTS ALL RIGHTS GRANTED
UNDER THIS EASEMENT AGREEMENT IN THE PREMISES IN AN "AS IS, WHERE IS"
AND "WITH ALL FAULTS" CONDITION, AND SUBJECT TO ALL LIMITATIONS ON
GRANTOR'S RIGHTS, INTERESTS AND TITLE TO THE PREMISES. Grantee has
inspected or will inspect the Premises, and enters upon Grantor's rail corridor and
property with knowledge of its physical condition and the danger inherent in Grantor's rail
operations on or near the Premises. Grantee acknowledges that this Easement
Agreement does not contain any implied warranties that Grantee or Grantee's Contractors
(as hereinafter defined) can successfully construct or operate the Improvements.
Section 4 Nature of Grantor's Interest in the Premises. GRANTOR DOES NOT
WARRANT ITS TITLE TO THE PREMISES NOR UNDERTAKE TO DEFEND GRANTEE
IN THE PEACEABLE POSSESSION OR USE THEREOF. NO COVENANT OF QUIET
ENJOYMENT IS MADE. In case of the eviction of Grantee by anyone owning or claiming
title to or any interest in the Premises, or by the abandonment by Grantor of the affected
rail corridor, Grantor shall not be liable to refund Grantee any compensation paid
hereunder.
Section 5 Improvements. Grantee shall take, in a timely manner, all actions
necessary and proper to the lawful establishment, construction, operation, and
maintenance of the Improvements, including such actions as may be necessary to obtain
any required permits, approvals or authorizations from applicable governmental
authorities. Any and all cuts and fills, excavations or embankments necessary in the
construction, maintenance, or future alteration of the Improvements shall be made and
maintained in such manner, form and extent as will provide adequate drainage of and
from the adjoining lands and premises of the Grantor; and wherever any such fill or
embankment shall or may obstruct the natural and pre-existing drainage from such lands
and premises of the Grantor, the Grantee shall construct and maintain such culverts or
drains as may be requisite to preserve such natural and pre-existing drainage, and shall
also wherever necessary, construct extensions of existing drains, culverts or ditches
through or along the premises of the Grantor, such extensions to be of adequate sectional
dimensions to preserve the present flowage of drainage or other waters, and of materials
and workmanship equally as good as those now existing. In the event any construction,
repair, maintenance, work or other use of the Premises by Grantee will affect any Lines,
fences, buildings, improvements or other facilities (collectively, "Other Improvements"),
Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments
necessary to such Other Improvements. Grantee must contact the owner(s) of the Other
Improvements notifying them of any work that may damage these Other Improvements
and/or interfere with their service and obtain the owner’s written approval prior to so
affecting the Other Improvements. Grantee must mark all Other Improvements on the
Plans and Specifications and mark such Other Improvements in the field in order to verify
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their locations. Grantee must also use all reasonable methods when working on or near
Grantor property to determine if any Other Improvements (fiber optic, cable,
communication or otherwise) may exist. The Grantee agrees to keep the above-described
premises free and clear from combustible materials and to cut and remove or cause to
be cut and removed at its sole expense all weeds and vegetation on said premises, said
work of cutting and removal to be done at such times and with such frequency as to
comply with Grantee and local laws and regulations and abate any and all hazard of fire.
Section 6 Taxes and Recording Fees. Grantee shall pay when due any taxes,
assessments or other charges (collectively, "Taxes") levied or assessed upon the
Improvements by any governmental or quasi-governmental body or any Taxes levied or
assessed against Grantor or the Premises that are attributable to the Improvements.
Grantee agrees to purchase, affix and cancel any and all documentary stamps in the
amount prescribed by statute, and to pay any and all required transfer taxes, excise taxes
and any and all fees incidental to recordation of the Memorandum of Easement. In the
event of Grantee's failure to do so, if Grantor shall become obligated to do so, Grantee
shall be liable for all costs, expenses and judgments to or against Grantor, including all
of Grantor's legal fees and expenses.
Section 7 Environmental.
7.1 Compliance with Environmental Laws. Grantee shall strictly comply with
all federal, state and local environmental Laws in its use of the Premises, including, but
not limited to, the Resource Conservation and Recovery Act, as amended (RCRA), the
Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, the
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
and the Toxic Substances Control Act (collectively referred to as the "Environmental
Laws"). Grantee shall not maintain a "treatment," "storage," "transfer" or "disposal"
facility, or "underground storage tank," as those terms are defined by Environmental
Laws, on the Premises. Grantee shall not handle, transport, release or suffer the release
of "hazardous waste" or "hazardous substances", as "hazardous waste" and "hazardous
substances" may now or in the future be defined by any Environmental Laws.
7.2 Notice of Release. Grantee shall give Grantor immediate notice to Grantor's
Resource Operations Center at (800) 832-5452 of any release of hazardous substances
on or from the Premises, violation of Environmental Laws, or inspection or inquiry by
governmental authorities charged with enforcing Environmental Laws with respect to
Grantee's use of the Premises. Grantee shall use its best efforts to promptly respond to
any release on or from the Premises. Grantee also shall give Grantor immediate notice
of all measures undertaken on behalf of Grantee to investigate, remediate, respond to or
otherwise cure such release or violation.
7.3 Remediation of Release. In the event that Grantor has notice from Grantee
or otherwise of a release or violation of Environmental Laws which occurred or may occur
during the term of this Easement Agreement, Grantor may require Grantee, at Grantee's
sole risk and expense, to take timely measures to investigate, remediate, respond to or
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otherwise cure such release or violation affecting the Premises. If during the construction
or subsequent maintenance of the Improvements, soils or other materials considered to
be environmentally contaminated are exposed, Grantee will remove and safely dispose
of said contaminated soils. Determination of soils contamination and applicable disposal
procedures thereof, will be made only by an agency having the capacity and authority to
make such a determination.
7.4 Preventative Measures. Grantee shall promptly report to Grantor in writing
any conditions or activities upon the Premises known to Grantee which create a risk of
harm to persons, property or the environment and shall take whatever action is necessary
to prevent injury to persons or property arising out of such conditions or activities;
provided, however, that Grantee's reporting to Grantor shall not relieve Grantee of any
obligation whatsoever imposed on it by this Easement Agreement. Grantee shall
promptly respond to Grantor's request for information regarding said conditions or
activities.
7.5 Evidence of Compliance. Grantee agrees periodically to furnish Grantor
with proof satisfactory to Grantor that Grantee is in compliance with this Section 7.
Should Grantee not comply fully with the above-stated obligations of this Section 7,
notwithstanding anything contained in any other provision hereof, Grantor may, at its
option, terminate this Easement Agreement by serving five (5) days' notice of termination
upon Grantee. Upon termination, Grantee shall remove the Improvements and restore
the Premises as provided in Section 9.
Section 8 Default and Termination.
8.1 Grantor's Performance Rights. If at any time Grantee, or Grantee's
Contractors, fails to properly perform its obligations under this Easement Agreement,
Grantor, in its sole discretion, may: (i) seek specific performance of the unperformed
obligations, or (ii) at Grantee's sole cost, may arrange for the performance of such work
as Grantor deems necessary for the safety of its rail operations, activities and property,
or to avoid or remove any interference with the activities or property of Grantor, or anyone
or anything present on the rail corridor or property with the authority or permission of
Grantor. Grantee shall promptly reimburse Grantor for all costs of work performed on
Grantee's behalf upon receipt of an invoice for such costs. Grantor's failure to perform
any obligations of Grantee or Grantee's Contractors shall not alter the liability allocation
set forth in this Easement Agreement.
8.2 Abandonment. Grantor may, at its option, terminate this Easement
Agreement by serving five (5) days' notice in writing upon Grantee if Grantee should
abandon or cease to use the Premises for the Easement Purpose. Any waiver by Grantor
of any default or defaults shall not constitute a waiver of the right to terminate this
Easement Agreement for any subsequent default or defaults, nor shall any such waiver
in any way affect Grantor's ability to enforce any section of this Easement Agreement.
8.3 Effect of Termination or Expiration. Neither termination nor expiration will
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release Grantee from any liability or obligation under this Easement, whether of indemnity
or otherwise, resulting from any acts, omissions or events happening prior to the date of
termination or expiration, or, if later, the date the Premises are restored as required by
Section 9.
8.4 Non-exclusive Remedies. The remedies set forth in this Section 8 shall be
in addition to, and not in limitation of, any other remedies that Grantor may have under
the OVERPASS Agreement, at law or in equity.
Section 9 Surrender of Premises.
9.1 Removal of Improvements and Restoration. Upon termination of this
Easement Agreement, whether by abandonment of the Easement or by the exercise of
Grantor's termination rights hereunder, Grantee shall, at its sole cost and expense,
immediately perform the following:
(h) remove all or such portion of Grantee's Improvements and all
appurtenances thereto from the Premises, as Grantor directs
at Grantor's sole discretion;
(i) repair and restore any damage to the Premises arising from,
growing out of, or connected with Grantee's use of the
Premises;
(j) remedy any unsafe conditions on the Premises created or
aggravated by Grantee; and
(k) leave the Premises in the condition which existed as of the
Effective Date.
9.2 Limited License for Entry. If this Easement Agreement is terminated,
Grantor may direct Grantee to undertake one or more of the actions set forth above, at
Grantee's sole cost, in which case Grantee shall have a limited license to enter upon the
Premises to the extent necessary to undertake the actions directed by Grantor. The terms
of this limited license include all of Grantee's obligations under this Easement Agreement.
Termination will not release Grantee from any liability or obligation under this Easement
Agreement, whether of indemnity or otherwise, resulting from any acts, omissions or
events happening prior to the date of termination, or, if later, the date when Grantee's
Improvements are removed and the Premises are restored to the condition that existed
as of the Effective Date. If Grantee fails to surrender the Premises to Grantor upon any
termination of the Easement, all liabilities and obligations of Grantee hereunder shall
continue in effect until the Premises are surrendered.
Section 10 Liens. Grantee shall promptly pay and discharge any and all liens arising
out of any construction, alterations or repairs done, suffered or permitted to be done by
Grantee on the Premises or attributable to Taxes that are the responsibility of Grantee
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pursuant to Section 6. Grantor is hereby authorized to post any notices or take any other
action upon or with respect to the Premises that is or may be permitted by Law to prevent
the attachment of any such liens to any portion of the Premises; provided, however, that
failure of Grantor to take any such action shall not relieve Grantee of any obligation or
liability under this Section 10 or any other section of this Easement Agreement.
Section 11 Tax Exchange. Grantor may assign its rights (but not its obligations) under
this Easement Agreement to Goldfinch Exchange Company LLC, an exchange
intermediary, in order for Grantor to effect an exchange under Section 1031 of the Internal
Revenue Code. In such event, Grantor shall provide Grantee with a Notice of
Assignment, attached as Exhibit C, and Grantee shall execute an acknowledgement of
receipt of such notice.
Section 12 Notices. Any notice required or permitted to be given hereunder by one
party to the other shall be delivered in the manner set forth in the OVERPASS
Agreement. Notices to Grantor under this Easement shall be delivered to the following
address: BNSF Railway Company, Real Estate Department, 2500 Lou Menk Drive, Ft.
Worth, TX 76131, Attn: Permits, or such other address as Grantor may from time to time
direct by notice to Grantee.
Section 13 Recordation. It is understood and agreed that this Easement Agreement
shall not be in recordable form and shall not be placed on public record and any such
recording shall be a breach of this Easement Agreement. Grantor and Grantee shall
execute a Memorandum of Easement in the form attached hereto as Exhibit "B-1" (the
"Memorandum of Easement") subject to changes required, if any, to conform such form
to local recording requirements. [IF LEGAL DESCRIPTION IS NOT AVAILABLE USE
THE FOLLOWING IN PLACE OF THE PRIOR SENTENCE: As of the Effective Date, a
legal description of the Premises is not available. Grantee and Grantor shall work
together in good faith to establish the legal description for the Premises. Once Grantor
and Grantee have approved the legal description, Grantor and Grantee shall execute a
Memorandum of Easement in the form attached hereto as Exhibit "B-1" (the
"Memorandum of Easement").] The Memorandum of Easement shall be recorded in
the real estate records in the county where the Premises are located. If a Memorandum
of Easement is not executed by the parties and recorded as described above within
_30___ days of the Effective Date, Grantor shall have the right to terminate this Easement
Agreement upon notice to Grantee.
Section 14 Miscellaneous.
14.1 All questions concerning the interpretation or application of provisions of
this Easement Agreement shall be decided according to the substantive Laws of the State
of California without regard to conflicts of law provisions.
14.2 In the event that Grantee consists of two or more parties, all the covenants
and agreements of Grantee herein contained shall be the joint and several covenants and
agreements of such parties. This instrument and all of the terms, covenants and
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provisions hereof shall inure to the benefit of and be binding upon each of the parties
hereto and their respective legal representatives, successors and assigns and shall run
with and be binding upon the Premises.
14.3 If any action at law or in equity is necessary to enforce or interpret the terms
of this Easement Agreement, the prevailing party or parties shall be entitled to reasonable
attorneys' fees, costs and necessary disbursements in addition to any other relief to which
such party or parties may be entitled.
14.4 If any provision of this Easement Agreement is held to be illegal, invalid or
unenforceable under present or future Laws, such provision will be fully severable and
this Easement Agreement will be construed and enforced as if such illegal, invalid or
unenforceable provision is not a part hereof, and the remaining provisions hereof will
remain in full force and effect. In lieu of any illegal, invalid or unenforceable provision
herein, there will be added automatically as a part of this Easement Agreement a
provision as similar in its terms to such illegal, invalid or unenforceable provision as may
be possible and be legal, valid and enforceable.
14.5 This Easement Agreement is the full and complete agreement between
Grantor and Grantee with respect to all matters relating to Grantee's use of the Premises,
and supersedes any and all other agreements between the parties hereto relating to
Grantee's use of the Premises as described herein. However, nothing herein is intended
to terminate any surviving obligation of Grantee or Grantee's obligation to defend and
hold Grantor harmless in any prior written agreement between the parties.
14.6 Time is of the essence for the performance of this Easement Agreement.
Section 15 Administrative Fee.
15.1 Grantee acknowledges that a material consideration for this agreement,
without which it would not be made, is the agreement between Grantee and Grantor, that
the Grantee shall pay upon return of this Agreement signed by Grantee to Grantor's
Broker a processing fee in the amount of $2,500.00 over and above the agreed upon
Acquisition Price. Said fee shall be made payable to BNSF Railway Company by a
separate check.
[Signature page follows]
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Witness the execution of this Easement Agreement as of the date first set forth above.
GRANTOR:
BNSF RAILWAY COMPANY, a Delaware
corporation
By:
Name:
Title:
GRANTEE:
RIVERSIDE COUNTY TRANSPORTATION
COMMISSION,
a Public Entity
By:
Name: Anne Mayer
Title: Executive Director
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EXHIBIT "A-1"
Premises
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EXHIBIT "B-1"
Memorandum of Easement
THIS MEMORANDUM OF EASEMENT is hereby executed this day of
, 2021, by and between BNSF RAILWAY COMPANY, a Delaware corporation ("Grantor"),
whose address for purposes of this instrument is 2500 Lou Menk Drive, Fort Worth, Texas 76131,
and RIVERSIDE COUNTY TRANSPORTATION COMMISSION, a Public Entity("Grantee"),
whose address for purposes of this instrument is 4080 Lemon Street, 3rd Floor, Riverside, CA
92501, which terms "Grantor" and "Grantee" shall include, wherever the context permits or
requires, singular or plural, and the heirs, legal representatives, successors and assigns of the
respective parties:
WITNESSETH:
WHEREAS, Grantor owns or controls certain real property situated in Riverside County,
California as described on Exhibit "A-1" attached hereto and incorporated herein by reference
(the "Premises');
WHEREAS, Grantor and Grantee entered into an Easement Agreement, dated
(the "Easement Agreement") which set forth, among other things, the terms of an
easement granted by Grantor to Grantee over and across the Premises (the "Easement"); and
WHEREAS, Grantor and Grantee desire to memorialize the terms and conditions of the
Easement Agreement of record.
For valuable consideration the receipt and sufficiency of which are hereby acknowledged,
Grantor does grant unto Grantee and Grantee does hereby accept from Grantor the Easement
over and across the Premises.
The term of the Easement, unless sooner terminated under provisions of the Easement
Agreement, shall be perpetual. Provisions regulating the use and purposes to which the
Easement shall be limited, are set forth in detail in the Easement Agreement and Grantor and
Grantee agree to abide by the terms of the Easement Agreement.
131
All the terms, conditions, provisions and covenants of the Easement Agreement are
incorporated herein by this reference for all purposes as though written out at length herein, and
both the Easement Agreement and this Memorandum of Easement shall be deemed to constitute
a single instrument or document. This Memorandum of Easement is not intended to amend,
modify, supplement, or supersede any of the provisions of the Easement Agreement and, to the
extent there may be any conflict or inconsistency between the Easement Agreement or this
Memorandum of Easement, the Easement Agreement shall control.
[Signature page follows]
132
IN WITNESS WHEREOF, Grantor and Grantee have executed this Memorandum of
Easement to as of the date and year first above written.
GRANTOR:
BNSF RAILWAY COMPANY, a Delaware
corporation
By:
Name:
Title:
GRANTEE:
RIVERSIDE COUNTY TRANSPORTATON
COMMISSION
By:
Name: Anne Mayer
Title: Executive Director
STATE OF _______________ §
§
COUNTY OF _____________ §
This instrument was acknowledged before me on the ___ day of _________________, 20__, by
(name) as
(title) of BNSF RAILWAY COMPANY, a
Delaware corporation.
133
Notary Public
(Seal)
My appointment expires:
STATE OF _______________ §
§
COUNTY OF _____________ §
This instrument was acknowledged before me on the ___ day of _________________, 20__, by
(name) as (title) of
____________________________, a ______________________.
Notary Public
(Seal)
My appointment expires:
134
EXHIBIT "C"
CONTRACTOR REQUIREMENTS
1.01 General:
• 1.01.01 The Contractor must cooperate with BNSF RAILWAY COMPANY, hereinafter
referred to as "Railway" where work is over or under on or adjacent to Railway property and/or
right-of-way, hereafter referred to as "Railway Property", during the construction of
_________________________________________________________________________
_________________________________________________________________________.
• 1.01.02 The Contractor must execute and deliver to the Railway duplicate copies of the
Exhibit “C-1” Agreement, in the form attached hereto, obligating the Contractor to provide and
maintain in full force and effect the insurance called for under Section 3 of said Exhibit “C-1”.
Questions regarding procurement of the Railroad Protective Liability Insurance should be
directed to Rosa Martinez at Marsh, USA, 214-303-8519.
• 1.01.03 The Contractor must plan, schedule and conduct all work activities so as not to
interfere with the movement of any trains on Railway Property.
• 1.01.04 The Contractor's right to enter Railway's Property is subject to the absolute right
of Railway to cause the Contractor's work on Railway's Property to cease if, in the opinion of
Railway, Contractor's activities create a hazard to Railway's Property, employees, and/or
operations. Railway will have the right to stop construction work on the STRUCTURE if any
of the following events take place: (i) Contractor (or any of its subcontractors) performs the
STRUCTURE work in a manner contrary to the plans and specifications approved by Railway;
(ii) Contractor (or any of its subcontractors), in Railway’s opinion, prosecutes the
STRUCTURE work in a manner which is hazardous to Railway property, facilities or the safe
and expeditious movement of railroad traffic; (iii) the insurance described in the attached
Exhibit C-1 is canceled during the course of the STRUCTURE; or (iv) Contractor fails to pay
Railway for the Temporary Construction License or the Easement. The work stoppage will
continue until all necessary actions are taken by Contractor or its subcontractor to rectify the
situation to the satisfaction of Railway’s Division Engineer or until additional insurance has
been delivered to and accepted by Railway. In the event of a breach of (i) this Agreement, (ii)
the Temporary Construction License, or (iii) the Easement, Railway may immediately
terminate the Temporary Construction License or the Easement. Any such work stoppage
under this provision will not give rise to any liability on the part of Railway. Railway’s right to
stop the work is in addition to any other rights Railway may have including, but not limited to,
actions or suits for damages or lost profits. In the event that Railway desires to stop
construction work on the STRUCTURE, Railway agrees to immediately notify the following
individual in writing:
_______________________
_______________________
_______________________
_______________________
135
• 1.01.05 The Contractor is responsible for determining and complying with all Federal, State
and Local Governmental laws and regulations, including, but not limited to environmental laws
and regulations (including but not limited to the Resource Conservation and Recovery Act, as
amended; the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation
Act, CERCLA), and health and safety laws and regulations. The Contractor hereby
indemnifies, defends and holds harmless Railway for, from and against all fines or penalties
imposed or assessed by Federal, State and Local Governmental Agencies against the
Railway which arise out of Contractor's work under this Agreement.
• 1.01.06 The Contractor must notify (Agency) at and Railway's Manager
Public Projects, telephone number ( ) at least thirty (30) calendar days before
commencing any work on Railway Property. Contractor’s notification to Railway must refer to
Railway's file ___________.
• 1.01.07 For any bridge demolition and/or falsework above any tracks or any excavations
located with any part of the excavations located within, whichever is greater, twentyfive (25)
feet of the nearest track or intersecting a slope from the plane of the top of rail on a 2 horizontal
to 1 vertical slope beginning at eleven (11) feet from centerline of the nearest track, both
measured perpendicular to center line of track, the Contractor must furnish the Railway five
sets of working drawings showing details of construction affecting Railway Property and
tracks. The working drawing must include the proposed method of installation and removal of
falsework, shoring or cribbing, not included in the contract plans and two sets of structural
calculations of any falsework, shoring or cribbing. For all excavation and shoring submittal
plans, the current “BNSF-UPRR Guidelines for Temporary Shoring” must be used for
determining the design loading conditions to be used in shoring design, and all calculations
and submittals must be in accordance with the current “BNSF-UPRR Guidelines for
Temporary Shoring”. All submittal drawings and calculations must be stamped by a registered
professional engineer licensed to practice in the state the project is located. All calculations
must take into consideration railway surcharge loading and must be designed to meet
American Railway Engineering and Maintenance of Way Association (previously known as
American Railway Engineering Association) Coopers E80 live loading standard. All drawings
and calculations must be stamped by a registered professional engineer licensed to practice
in the state the project is located. The Contractor must not begin work until notified by the
Railway that plans have been approved. The Contractor will be required to use lifting devices
such as, cranes and/or winches to place or to remove any falsework over Railway's tracks. In
no case will the Contractor be relieved of responsibility for results obtained by the
implementation of said approved plans.
• 1.01.08 Subject to the movement of Railway's trains, Railway will cooperate with the
Contractor such that the work may be handled and performed in an efficient manner. The
Contractor will have no claim whatsoever for any type of damages or for extra or additional
compensation in the event his work is delayed by the Railway.
1.02 Contractor Safety Orientation
• 1.02.01 No employee of the Contractor, its subcontractors, agents or invitees may enter
Railway Property without first having completed Railway’s Engineering Contractor
136
Safety Orientation, found on the web site www.BNSFContractor.com. The Contractor
must ensure that each of its employees, subcontractors, agents or invitees completes
Railway’s Engineering Contractor Safety Orientation through internet sessions before
any work is performed on the STRUCTURE. Additionally, the Contractor must ensure
that each and every one of its employees, subcontractors, agents or invitees
possesses a card certifying completion of the Railway Contractor Safety Orientation
before entering Railway Property. The Contractor is responsible for the cost of the
Railway Contractor Safety Orientation. The Contractor must renew the Railway
Contractor Safety Orientation annually. Further clarification can be found on the web
site or from the Railway’s Representative.
1.03 Railway Requirements
• 1.03.01 The Contractor must take protective measures as are necessary to keep railway
facilities, including track ballast, free of sand, debris, and other foreign objects and materials
resulting from his operations. Any damage to railway facilities resulting from Contractor's
operations will be repaired or replaced by Railway and the cost of such repairs or replacement
must be paid for by the Agency.
• 1.03.02 The Contractor must notify the Railway's Division Engineer
________________________ at (_____)_________________ and provide blasting plans to
the Railway for review seven (7) calendar days prior to conducting any blasting operations
adjacent to or on Railway's Property.
• 1.03.03 The Contractor must abide by the following temporary clearances during
construction:
15’-0” Horizontally from centerline of nearest track
21’-6” Vertically above top of rail
27'-0" Vertically above top of rail for electric wires carrying less than 750 volts
28'-0" Vertically above top of rail for electric wires carrying 750 volts to 15,000
volts
30'-0" Vertically above top of rail for electric wires carrying 15,000 volts to 20,000
volts
34'-0" Vertically above top of rail for electric wires carrying more than 20,000 volts
• 1.03.04 Upon completion of construction, the following clearances shall be maintained:
--’ Horizontally from centerline of nearest track
_-’ Vertically above top of rail
• 1.03.05 Any infringement within State statutory clearances due to the Contractor's
operations must be submitted to the Railway and to the (Agency) and must not be undertaken
until approved in writing by the Railway, and until the (Agency) has obtained any necessary
authorization from the State Regulatory Authority for the infringement. No extra compensation
will be allowed in the event the Contractor's work is delayed pending Railway approval, and/or
the State Regulatory Authority's approval.
• 1.03.06 In the case of impaired vertical clearance above top of rail, Railway will have the
option of installing tell-tales or other protective devices Railway deems necessary for
137
protection of Railway operations. The cost of tell-tales or protective devices will be borne by
the Agency.
• 1.03.07 The details of construction affecting the Railway's Property and tracks not included
in the contract plans must be submitted to the Railway by (Agency) for approval before work
is undertaken and this work must not be undertaken until approved by the Railway.
• 1.03.08 At other than public road crossings, the Contractor must not move any equipment
or materials across Railway's tracks until permission has been obtained from the Railway. The
Contractor must obtain a "Temporary Construction Crossing Agreement" from the Railway
prior to moving his equipment or materials across the Railways tracks. The temporary crossing
must be gated and locked at all times when not required for use by the Contractor. The
temporary crossing for use of the Contractor will be constructed and, at the completion of the
project, removed at the expense of the Contractor.
• 1.03.09 Discharge, release or spill on the Railway Property of any hazardous substances,
oil, petroleum, constituents, pollutants, contaminants, or any hazardous waste is prohibited
and Contractor must immediately notify the Railway's Resource Operations Center at 1(800)
832-5452, of any discharge, release or spills in excess of a reportable quantity. Contractor
must not allow Railway Property to become a treatment, storage or transfer facility as those
terms are defined in the Resource Conservation and Recovery Act or any state analogue.
• 1.03.10 The Contractor upon completion of the work covered by this contract, must
promptly remove from the Railway's Property all of Contractor's tools, equipment, implements
and other materials, whether brought upon said property by said Contractor or any
Subcontractor, employee or agent of Contractor or of any Subcontractor, and must cause
Railway's Property to be left in a condition acceptable to the Railway's representative.
1.04 Contractor Roadway Worker on Track Safety Program and Safety Action
Plan:
• 1.04.01 Each Contractor that will perform work within 25 feet of the centerline of a track
must develop and implement a Roadway Worker Protection/On Track Safety Program and
work with Railway Project Representative to develop an on track safety strategy as described
in the guidelines listed in the on track safety portion of the Safety Orientation. This Program
must provide Roadway Worker protection/on track training for all employees of the Contractor,
its subcontractors, agents or invitees. This training is reinforced at the job site through job
safety briefings. Additionally, each Contractor must develop and implement the Safety Action
Plan, as provided for on the web site www.BNSFContractor.com, which will be made
available to Railway prior to commencement of any work on Railway Property. During the
performance of work, the Contractor must audit its work activities. The Contractor must
designate an on-site Project Supervisor who will serve as the contact person for the Railway
and who will maintain a copy of the Safety Action Plan, safety audits, and Material Safety
Datasheets (MSDS), at the job site.
• 1.04.02 Contractor shall have a background investigation performed on all of its
employees, subcontractors and agents who will be performing any services for Railroad under
this Agreement which are determined by Railroad in its sole discretion a) to be on Railroad’s
property, or b) that require access to Railroad Critical Infrastructure, Railroad Critical
138
Information Systems, Railroad’s Employees, Hazardous Materials on Railroad’s property or
is being transported by or otherwise in the custody of Railroad, or Freight in Transit involving
Railroad.
The required background screening shall at a minimum meet the rail industry background
screening criteria defined by the e-RAILSAFE Program as outlined at www.everifile.com, in
addition to any other applicable regulatory requirements.
Contractor shall obtain written consent from all its employees, subcontractors or agents
screened in compliance with the e-RAILSAFE Program to participate in the Program on their
behalf and to release completed background information to Railroad’s designee. Contractor
shall be subject to periodic audit to ensure compliance.
Contractor subject to the e-RAILSAFE Program hereunder shall not permit any of its
employees, subcontractors or agents to perform services hereunder who are not first
approved under e-RAILSAFE Program standards. Railroad shall have the right to deny entry
onto its premises or access as described in this section above to any of Contractor's
employees, subcontractors or agents who do not display the authorized identification badge
issued by a background screening service meeting the standards set forth in the e-RAILSAFE
Program, or who in Railroad's opinion, which may not be unreasonable, may pose a threat to
the safety or security of Railroad's operations, assets or personnel.
Contractors shall be responsible for ensuring that its employees, subcontractors and agents
are United States citizens or legally working in the United States under a lawful and
appropriate work VISA or other work authorization.
1.05 Railway Flagger Services:
• 1.05.01 The Contractor must give Railway’s Roadmaster (telephone ________) a
minimum of thirty (30) calendar days advance notice when flagging services will be required
so that the Roadmaster can make appropriate arrangements (i.e., bulletin the flagger’s
position). If flagging services are scheduled in advance by the Contractor and it is
subsequently determined by the parties hereto that such services are no longer necessary,
the Contractor must give the Roadmaster five (5) working days advance notice so that
appropriate arrangements can be made to abolish the position pursuant to union
requirements.
• 1.05.02 Unless determined otherwise by Railway’s Project Representative, Railway flagger
will be required and furnished when Contractor’s work activities are located over, under and/or
within twentyfive (25) feet measured horizontally from centerline of the nearest track and when
cranes or similar equipment positioned beyond 25feet from the track centerline could foul the
track in the event of tip over or other catastrophic occurrence, but not limited thereto for the
following conditions:
• 1.05.02a When, upon inspection by Railway’s Representative, other
conditions warrant.
139
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a c t u a l o r e s t i m a t e d f l a g g i n g r a t e s . T H E F L A G G I N G R A T E I N E F F E C T A T
T H E T I M E O F P E R F O R M A N C E B Y T H E C O N T R A C T O R H E R E U N D E R
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t r a i n s a t a t i m e t a b l e s p e e d o f _ _ _ _ _ _ M P H .
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o f t r a i n s a n d e q u i p m e n t c a n o c c u r a t a n y t i m e a n d i n a n y d i r e c t i o n . A l l w o r k p e r f o r m e d b y
c o n t r a c t o r s w i t h i n 2 5 f e e t o f a n y t r a c k m u s t b e i n c o m p l i a n c e w i t h F R A R o a d w a y W o r k e r
P r o t e c t i o n R e g u l a t i o n s .
1 4 0
• 1.06.02 Before beginning any task on Railway Property, a thorough job safety briefing must
be conducted with all personnel involved with the task and repeated when the personnel or
task changes. If the task is within 25 feet of any track, the job briefing must include the
Railway's flagger, as applicable, and include the procedures the Contractor will use to protect
its employees, subcontractors, agents or invitees from moving any equipment adjacent to or
across any Railway track(s).
• 1.06.03 Workers must not work within 25 feet of the centerline of any track without an on
track safety strategy approved by the Railway’s Project Representative. When authority is
provided, every contractor employee must know: (1) who the Railway flagger is, and how to
contact the flagger, (2) limits of the authority, (3) the method of communication to stop and
resume work, and (4) location of the designated places of safety. Persons or equipment
entering flag/work limits that were not previously job briefed, must notify the flagger
immediately, and be given a job briefing when working within 25 feet of the center line of track.
• 1.06.04 When Contractor employees are required to work on the Railway Property after
normal working hours or on weekends, the Railway's representative in charge of the project
must be notified. A minimum of two employees must be present at all times.
• 1.06.05 Any employees, agents or invitees of Contractor or its subcontractors under
suspicion of being under the influence of drugs or alcohol, or in the possession of same, will
be removed from the Railway's Property and subsequently released to the custody of a
representative of Contractor management. Future access to the Railway's Property by that
employee will be denied.
• 1.06.06 Any damage to Railway Property, or any hazard noticed on passing trains must be
reported immediately to the Railway's representative in charge of the project. Any vehicle or
machine which may come in contact with track, signal equipment, or structure (bridge) and
could result in a train derailment must be reported immediately to the Railway representative
in charge of the project and to the Railway's Resource Operations Center at 1(800) 832-5452.
Local emergency numbers are to be obtained from the Railway representative in charge of
the project prior to the start of any work and must be posted at the job site.
• 1.06.07 For safety reasons, all persons are prohibited from having pocket knives, firearms
or other deadly weapons in their possession while working on Railway's Property.
• 1.06.08 All personnel protective equipment (PPE) used on Railway Property must meet
applicable OSHA and ANSI specifications. Current Railway personnel protective equipment
requirements are listed on the web site, www.BNSFContractor.com, however, a partial list
of the requirements include: a) safety glasses with permanently affixed side shields (no yellow
lenses); b) hard hats; c) safety shoe with: hardened toes, above the ankle lace-up and a
defined heel; and d) high visibility retroreflective work wear. The Railway’s representative in
charge of the project is to be contacted regarding local specifications for meeting requirements
relating to hi-visibility work wear. Hearing protection, fall protection, gloves, and respirators
must be worn as required by State and Federal regulations. (NOTE – Should there be a
discrepancy between the information contained on the web site and the information in
this paragraph, the web site will govern.)
• 1.06.09 THE CONTRACTOR MUST NOT PILE OR STORE ANY MATERIALS,
141
MACHINERY OR EQUIPMENT CLOSER THAN 25'0" TO THE CENTER LINE OF THE
NEAREST RAILWAY TRACK. MATERIALS, MACHINERY OR EQUIPMENT MUST NOT
BE STORED OR LEFT WITHIN 250 FEET OF ANY HIGHWAY/RAIL AT GRADE
CROSSINGS OR TEMPORARY CONSTRUCTION CROSSING, WHERE STORAGE OF
THE SAME WILL OBSTRUCT THE VIEW OF A TRAIN APPROACHING THE CROSSING.
PRIOR TO BEGINNING WORK, THE CONTRACTOR MUST ESTABLISH A STORAGE
AREA WITH CONCURRENCE OF THE RAILWAY'S REPRESENTATIVE.
• 1.06.10 Machines or vehicles must not be left unattended with the engine running. Parked
machines or equipment must be in gear with brakes set and if equipped with blade, pan or
bucket, they must be lowered to the ground. All machinery and equipment left unattended on
Railway's Property must be left inoperable and secured against movement. (See internet
Engineering Contractor Safety Orientation program for more detailed specifications)
• 1.06.11 Workers must not create and leave any conditions at the work site that would
interfere with water drainage. Any work performed over water must meet all Federal, State
and Local regulations.
• 1.06.12 All power line wires must be considered dangerous and of high voltage unless
informed to the contrary by proper authority. For all power lines the minimum clearance
between the lines and any part of the equipment or load must be; 200 KV or below - 15 feet;
200 to 350 KV - 20 feet; 350 to 500 KV - 25 feet; 500 to 750 KV - 35 feet; and 750 to 1000
KV - 45 feet. If capacity of the line is not known, a minimum clearance of 45 feet must be
maintained. A person must be designated to observe clearance of the equipment and give a
timely warning for all operations where it is difficult for an operator to maintain the desired
clearance by visual means.
1.07 Excavation:
• 1.07.01 Before excavating, the Contractor must determine whether any underground pipe
lines, electric wires, or cables, including fiber optic cable systems are present and located
within the STRUCTURE work area. The Contractor must determine whether excavation on
Railway’s Property could cause damage to buried cables resulting in delay to Railway traffic
and disruption of service to users. Delays and disruptions to service may cause business
interruptions involving loss of revenue and profits. Before commencing excavation, the
Contractor must contact BNSF’s Field Engineering Representative (______________). All
underground and overhead wires will be considered HIGH VOLTAGE and dangerous until
verified with the company having ownership of the line. It is the Contractor's responsibility
to notify any other companies that have underground utilities in the area and arrange
for the location of all underground utilities before excavating.
• 1.07.02 The Contractor must cease all work and notify the Railway immediately before
continuing excavation in the area if obstructions are encountered which do not appear on
drawings. If the obstruction is a utility and the owner of the utility can be identified, then the
Contractor must also notify the owner immediately. If there is any doubt about the location of
underground cables or lines of any kind, no work must be performed until the exact location
has been determined. There will be no exceptions to these instructions.
• 1.07.03 All excavations must be conducted in compliance with applicable OSHA
142
regulations and, regardless of depth, must be shored where there is any danger to tracks,
structures or personnel.
• 1.07.04 Any excavations, holes or trenches on the Railway's Property must be covered,
guarded and/or protected when not being worked on. When leaving work site areas at night
and over weekends, the areas must be secured and left in a condition that will ensure that
Railway employees and other personnel who may be working or passing through the area are
protected from all hazards. All excavations must be back filled as soon as possible.
1.08 Hazardous Waste, Substances and Material Reporting:
• 1.08.01 If Contractor discovers any hazardous waste, hazardous substance, petroleum or
other deleterious material, including but not limited to any non-containerized commodity or
material, on or adjacent to Railway's Property, in or near any surface water, swamp, wetlands
or waterways, while performing any work under this Agreement, Contractor must immediately:
(a) notify the Railway's Resource Operations Center at 1(800) 832-5452, of such discovery:
(b) take safeguards necessary to protect its employees, subcontractors, agents and/or third
parties: and (c) exercise due care with respect to the release, including the taking of any
appropriate measure to minimize the impact of such release.
1.09 Personal Injury Reporting
• 1.09.01 The Railway is required to report certain injuries as a part of compliance with
Federal Railroad Administration (FRA) reporting requirements. Any personal injury sustained
by an employee of the Contractor, subcontractor or Contractor's invitees while on the
Railway's Property must be reported immediately (by phone mail if unable to contact in
person) to the Railway's representative in charge of the project. The Non-Employee Personal
Injury Data Collection Form contained herein is to be completed and sent by Fax to the
Railway at 1(817) 352-7595 and to the Railway’s Project Representative no later than the
close of shift on the date of the injury.
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NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION
(If injuries are in connection with rail equipment accident/incident, highway rail grade crossing accident or automobile
accident, ensure that appropriate information is obtained, forms completed and that data entry personnel are aware that
injuries relate to that specific event.)
Injured Person Type:
Passenger on train (C) Non-employee (N)
(i.e., emp of another railroad, or, non-BNSF emp involved in vehicle accident, including
company vehicles)
Contractor/safety sensitive (F) Contractor/non-safety sensitive (G)
Volunteer/safety sensitive (H) Volunteer/other non-safety sensitive (I)
Non-trespasser (D) - to include highway users involved in highway rail grade crossing accidents who did not
go around or through gates
Trespasser (E) - to include highway users involved in highway rail grade crossing accidents who went around
or through gates
Non-trespasser (J) - Off railroad property
If train involved, Train ID:
________________________________
Transmit attached information to Accident/Incident Reporting Center by:
Fax 1-817-352-7595 or by Phone 1-800-697-6736 or email to: Accident-Reporting.Center@BNSF.com
Officer Providing Information:
(Name) (Employee No.) (Phone #)
REPORT PREPARED TO COMPLY WITH FEDERAL ACCIDENT REPORTING REQUIREMENTS AND PROTECTED FROM
DISCLOSURE PURSUANT TO 49 U.S.C. 20903 AND 83 U.S.C. 490
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EXHIBIT "C-1"
NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION
INFORMATION REQUIRED TO BE COLLECTED PURSUANT TO FEDERAL REGULATION. IT SHOULD BE USED FOR COMPLIANCE WITH FEDERAL REGULATIONS ONLY AND IT IS NOT
INTENDED TO PRESUME ACCEPTANCE OF RESPONSIBILITY OR LIABILITY.
1. Accident City/St: 2. Date: Time:
County: 3. Temperature: 4. Weather:
(if non BNSF location)
Mile Post / Line Segment:
5. Driver’s License No (and state) or other ID: SSN (required):
6. Name (last, first, mi):
7. Address: City: St: Zip:
8. Date of Birth: and/or Age: Gender:
(if available)
Phone Number: Employer:
9. Injury: 10. Body Part:
(i.e., Laceration, etc.) (i.e., Hand, etc.)
11. Description of Accident (To include location, action, result, etc.):
12. Treatment:
First Aid Only
Required Medical Treatment
Other Medical Treatment
13. Dr. Name: Date:
14. Dr. Address:
Street: City: St: Zip:
15. Hospital Name:
16. Hospital Address:
Street: City: St: Zip:
17. Diagnosis:
REPORT PREPARED TO COMPLY WITH FEDERAL ACCIDENT REPORTING REQUIREMENTS
AND PROTECTED FROM DISCLOSURE PURSUANT TO 49 U.S.C. 20903 AND 83 U.S.C. 490
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Agreement Between
BNSF RAILWAY COMPANY
and the
CONTRACTOR
Railway File: _______________________________
Agency Project: _______________________________
<%Contractor.LegalName%> [Insert contractor’s legal name here](hereinafter called “Contractor”), has
entered into an agreement (hereinafter called “Agreement”) dated ______________, 201_,with BNSF RAILWAY
COMPANY for the performance of certain work in connection with the following project:___________________
Performance of such work will necessarily require Contractor to enter BNSF RAILWAY COMPANY (hereinafter
called "Railway") right of way and property (hereinafter called "Railway Property"). The Agreement provides that
no work will be commenced within Railway Property until the Contractor employed in connection with said work
for BNSF RAILWAY COMPANY (i) executes and delivers to Railway an Agreement in the form hereof, and (ii)
provides insurance of the coverage and limits specified in such Agreement and Section 3 herein. If this
Agreement is executed by a party who is not the Owner, General Partner, President or Vice President of
Contractor, Contractor must furnish evidence to Railway certifying that the signatory is empowered to execute
this Agreement on behalf of Contractor.
Accordingly, in consideration of Railway granting permission to Contractor to enter upon Railway Property and
as an inducement for such entry, Contractor, effective on the date of the Agreement, has agreed and does
hereby agree with Railway as follows:
1) RELEASE OF LIABILITY AND INDEMNITY
Contractor hereby waives, releases, indemnifies, defends and holds harmless Railway for all judgments,
awards, claims, demands, and expenses (including attorneys' fees), for injury or death to all persons,
including Railway's and Contractor's officers and employees, and for loss and damage to property
belonging to any person, arising in any manner from Contractor's or any of Contractor's subcontractors'
acts or omissions or any work performed on or about Railway’s property or right-of-way. THE LIABILITY
ASSUMED BY CONTRACTOR WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE
DESTRUCTION, DAMAGE, DEATH, OR INJURY WAS OCCASIONED BY OR CONTRIBUTED TO BY
THE NEGLIGENCE OF RAILWAY, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE,
EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE WILLFUL
MISCONDUCT OR SOLE NEGLIGENCE OF RAILWAY.
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THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR INCLUDES ANY CLAIMS,
SUITS OR JUDGMENTS BROUGHT AGAINST RAILWAY UNDER THE FEDERAL EMPLOYEE'S
LIABILITY ACT, INCLUDING CLAIMS FOR STRICT LIABILITY UNDER THE SAFETY APPLIANCE
ACT OR THE LOCOMOTIVE INSPECTION ACT, WHENEVER SO CLAIMED.
Contractor further agrees, at its expense, in the name and on behalf of Railway, that it will adjust and
settle all claims made against Railway, and will, at Railway's discretion, appear and defend any suits or
actions of law or in equity brought against Railway on any claim or cause of action arising or growing out
of or in any manner connected with any liability assumed by Contractor under this Agreement for which
Railway is liable or is alleged to be liable. Railway will give notice to Contractor, in writing, of the receipt
or dependency of such claims and thereupon Contractor must proceed to adjust and handle to a
conclusion such claims, and in the event of a suit being brought against Railway, Railway may forward
summons and complaint or other process in connection therewith to Contractor, and Contractor, at
Railway's discretion, must defend, adjust, or settle such suits and protect, indemnify, and save harmless
Railway from and against all damages, judgments, decrees, attorney's fees, costs, and expenses growing
out of or resulting from or incident to any such claims or suits.
In addition to any other provision of this Agreement, in the event that all or any portion of this Article shall
be deemed to be inapplicable for any reason, including without limitation as a result of a decision of an
applicable court, legislative enactment or regulatory order, the parties agree that this Article shall be
interpreted as requiring Contractor to indemnify Railway to the fullest extent permitted by applicable law.
THROUGH THIS AGREEMENT THE PARTIES EXPRESSLY INTEND FOR CONTRACTOR TO
INDEMNIFY RAILWAY FOR RAILWAY’S ACTS OF NEGLIGENCE.
It is mutually understood and agreed that the assumption of liabilities and indemnification provided for in
this Agreement survive any termination of this Agreement.
2) TERM
This Agreement is effective from the date of the Agreement until (i) the completion of the project set forth
herein, and (ii) full and complete payment to Railway of any and all sums or other amounts owing and
due hereunder.
3) INSURANCE
Contractor shall, at its sole cost and expense, procure and maintain during the life of this Agreement the
following insurance coverage:
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A. Commercial General Liability insurance. This insurance shall contain broad form contractual liability
with a combined single limit of a minimum of $5,000,000 each occurrence and an aggregate limit of
at least $10,000,000 but in no event less than the amount otherwise carried by the Contractor.
Coverage must be purchased on a post 2004 ISO occurrence form or equivalent and include
coverage for, but not limit to the following:
♦ Bodily Injury and Property Damage
♦ Personal Injury and Advertising Injury
♦ Fire legal liability
♦ Products and completed operations
This policy shall also contain the following endorsements, which shall be indicated on the certificate
of insurance:
♦ The definition of insured contract shall be amended to remove any exclusion or other limitation
for any work being done within 50 feet of railroad property.
♦ Waver of subrogation in favor of and acceptable to Railway.
♦ Additional insured endorsement in favor of and acceptable to Railway.
♦ Separation of insureds.
♦ The policy shall be primary and non-contributing with respect to any insurance carried by
Railway.
It is agreed that the workers’ compensation and employers’ liability related exclusions in the
Commercial General Liability insurance policy(s) required herein are intended to apply to employees
of the policy holder and shall not apply to Railway employees.
No other endorsements limiting coverage as respects obligations under this Agreement may be
included on the policy with regard to the work being performed under this agreement.
B. Business Automobile Insurance. This insurance shall contain a combined single limit of at least
$1,000,000 per occurrence, and include coverage for, but not limited to the following:
♦ Bodily injury and property damage
♦ Any and all vehicles owned, used or hired
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The policy shall also contain the following endorsements or language, which shall be indicated on the
certificate of insurance:
♦ Waiver of subrogation in favor of and acceptable to Railway.
♦ Additional insured endorsement in favor of and acceptable to Railway.
♦ Separation of insureds.
♦ The policy shall be primary and non-contributing with respect to any insurance carried by
Railway.
C. Workers Compensation and Employers Liability insurance including coverage for, but not limited to:
♦ Contractor’s statutory liability under the worker’s compensation laws of the state(s) in which
the work is to be performed. If optional under State law, the insurance must cover all
employees anyway.
♦ Employers’ Liability (Part B) with limits of at least $500,000 each accident, $500,000 by
disease policy limit, $500,000 by disease each employee.
This policy shall also contain the following endorsements or language, which shall be indicated on
the certificate of insurance:
♦ Waiver of subrogation in favor of and acceptable to Railway.
A. Railroad Protective Liability insurance naming only the Railway as the Insured with coverage of at
least $5,000,000 per occurrence and $10,000,000 in the aggregate. The policy Must be issued on a
standard ISO form CG 00 35 12 04 and include the following:
♦ Endorsed to include the Pollution Exclusion Amendment
♦ Endorsed to include the Limited Seepage and Pollution Endorsement.
♦ Endorsed to remove any exclusion for punitive damages.
♦ No other endorsements restricting coverage may be added.
♦ The original policy must be provided to the Railway prior to performing any work or services
under this Agreement
♦ Definition of “Physical Damage to Property” shall be endorsed to read: “means direct and
accidental loss of or damage to all property owned by any named insured and all property in
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any named insured’ care, custody, and control arising out of the acts or omissions of the
contractor named on the Declarations.
In lieu of providing a Railroad Protective Liability Policy, Licensee may participate (if available) in
Railway’s Blanket Railroad Protective Liability Insurance Policy.
Other Requirements:
Where allowable by law, all policies (applying to coverage listed above) shall contain no exclusion for
punitive damages.
Contractor agrees to waive its right of recovery against Railway for all claims and suits against Railway.
In addition, its insurers, through the terms of the policy or policy endorsement, waive their right of
subrogation against Railway for all claims and suits. Contractor further waives its right of recovery, and
its insurers also waive their right of subrogation against Railway for loss of its owned or leased property
or property under Contractor’s care, custody or control.
Allocated Loss Expense shall be in addition to all policy limits for coverages referenced above.
Contractor is not allowed to self-insure without the prior written consent of Railway. If granted by
Railway, any self-insured retention or other financial responsibility for claims shall be covered directly by
Contractor in lieu of insurance. Any and all Railway liabilities that would otherwise, in accordance with
the provisions of this Agreement, be covered by Contractor’s insurance will be covered as if Contractor
elected not to include a deductible, self-insured retention or other financial responsibility for claims.
Prior to commencing services, Contractor shall furnish to Railway an acceptable certificate(s) of
insurance from an authorized representative evidencing the required coverage(s), endorsements, and
amendments. The certificate should be directed to the following address:
BNSF Railway Company
c/o CertFocus
P.O. Box 140528
Kansas City, MO 64114
Toll Free: 877-576-2378
Fax number: 817-840-7487
Email: BNSF@certfocus.com
www.certfocus.com
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Contractor shall notify Railway in writing at least 30 days prior to any cancellation, non-renewal,
substitution or material alteration.
Any insurance policy shall be written by a reputable insurance company acceptable to Railway or with a
current Best’s Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in
which the service is to be provided.
If coverage is purchased on a “claims made” basis, Contractor hereby agrees to maintain coverage in
force for a minimum of three years after expiration, cancellation or termination of this Agreement.
Annually Contractor agrees to provide evidence of such coverage as required hereunder.
Contractor represents that this Agreement has been thoroughly reviewed by Contractor’s insurance
agent(s)/broker(s), who have been instructed by Contractor to procure the insurance coverage required
by this Agreement.
Not more frequently than once every five years, Railway may reasonably modify the required insurance
coverage to reflect then-current risk management practices in the railroad industry and underwriting
practices in the insurance industry.
If any portion of the operation is to be subcontracted by Contractor, Contractor shall require that the
subcontractor shall provide and maintain insurance coverage(s) as set forth herein, naming Railway as
an additional insured, and shall require that the subcontractor shall release, defend and indemnify
Railway to the same extent and under the same terms and conditions as Contractor is required to
release, defend and indemnify Railway herein.
Failure to provide evidence as required by this section shall entitle, but not require, Railway to terminate
this Agreement immediately. Acceptance of a certificate that does not comply with this section shall not
operate as a waiver of Contractor's obligations hereunder.
The fact that insurance (including, without limitation, self-insurance) is obtained by Contractor shall not
be deemed to release or diminish the liability of Contractor including, without limitation, liability under the
indemnity provisions of this Agreement. Damages recoverable by Railway shall not be limited by the
amount of the required insurance coverage.
In the event of a claim or lawsuit involving Railway arising out of this agreement, Contractor will make
available any required policy covering such claim or lawsuit.
151
These insurance provisions are intended to be a separate and distinct obligation on the part of the
Contractor. Therefore, these provisions shall be enforceable and Contractor shall be bound thereby
regardless of whether or not indemnity provisions are determined to be enforceable in the jurisdiction in
which the work covered hereunder is performed.
For purposes of this section, Railway shall mean “Burlington Northern Santa Fe LLC”, “BNSF Railway
Company” and the subsidiaries, successors, assigns and affiliates of each.
4) SALES AND OTHER TAXES
In the event applicable sales taxes of a state or political subdivision of a state of the United States are
levied or assessed in connection with and directly related to any amounts invoiced by Contractor to
Railway (“Sales Taxes”), Railway shall be responsible for paying only the Sales Taxes that Contractor
separately states on the invoice or other billing documents provided to Railway; provided, however, that
(i) nothing herein shall preclude Railway from claiming whatever Sales Tax exemptions are applicable to
amounts Contractor bills Railway, (ii) Contractor shall be responsible for all sales, use, excise,
consumption, services and other taxes which may accrue on all services, materials, equipment, supplies
or fixtures that Contractor and its subcontractors use or consume in the performance of this Agreement,
(iii) Contractor shall be responsible for Sales Taxes (together with any penalties, fines or interest thereon)
that Contractor fails to separately state on the invoice or other billing documents provided to Railway or
fails to collect at the time of payment by Railway of invoiced amounts (except where Railway claims a
Sales Tax exemption), and (iv) Contractor shall be responsible for Sales Taxes (together with any
penalties, fines or interest thereon) if Contractor fails to issue separate invoices for each state in which
Contractor delivers goods, provides services or, if applicable, transfers intangible rights to Railway.
Upon request, Contractor shall provide Railway satisfactory evidence that all taxes (together with any
penalties, fines or interest thereon) that Contractor is responsible to pay under this Agreement have been
paid. If a written claim is made against Contractor for Sales Taxes with respect to which Railway may be
liable for under this Agreement, Contractor shall promptly notify Railway of such claim and provide
Railway copies of all correspondence received from the taxing authority. Railway shall have the right to
contest, protest, or claim a refund, in Railway’s own name, any Sales Taxes paid by Railway to Contractor
or for which Railway might otherwise be responsible for under this Agreement; provided, however, that if
Railway is not permitted by law to contest any such Sales Tax in its own name, Contractor shall, if
requested by Railway at Railway’s sole cost and expense, contest in Contractor’s own name the validity,
applicability or amount of such Sales Tax and allow Railway to control and conduct such contest.
Railway retains the right to withhold from payments made under this Agreement amounts required to be
withheld under tax laws of any jurisdiction. If Contractor is claiming a withholding exemption or a reduction
in the withholding rate of any jurisdiction on any payments under this Agreement, before any payments
are made (and in each succeeding period or year as required by law), Contractor agrees to furnish to
Railway a properly completed exemption form prescribed by such jurisdiction. Contractor shall be
152
responsible for any taxes, interest or penalties assessed against Railway with respect to withholding
taxes that Railway does not withhold from payments to Contractor.
1) EXHIBIT “C” CONTRACTOR REQUIREMENTS
The Contractor must observe and comply with all provisions, obligations, requirements and limitations
contained in the Agreement, and the Contractor Requirements set forth on Exhibit “C” attached to the
Agreement and this Agreement, including, but not be limited to, payment of all costs incurred for any
damages to Railway roadbed, tracks, and/or appurtenances thereto, resulting from use, occupancy, or
presence of its employees, representatives, or agents or subcontractors on or about the construction site.
Contractor shall execute a Temporary Construction Crossing Agreement or Private Crossing Agreement
(http://www.bnsf.com/communities/faqs/permits-real-estate/), for any temporary crossing requested to
aid in the construction of this STRUCTURE, if approved by BNSF.
2) TRAIN DELAY
Contractor is responsible for and hereby indemnifies and holds harmless Railway (including its affiliated
railway companies, and its tenants) for, from and against all damages arising from any unscheduled delay
to a freight or passenger train which affects Railway's ability to fully utilize its equipment and to meet
customer service and contract obligations. Contractor will be billed, as further provided below, for the
economic losses arising from loss of use of equipment, contractual loss of incentive pay and bonuses
and contractual penalties resulting from train delays, whether caused by Contractor, or subcontractors,
or by the Railway performing work under this Agreement. Railway agrees that it will not perform any act
to unnecessarily cause train delay.
For loss of use of equipment, Contractor will be billed the current freight train hour rate per train as
determined from Railway's records. Any disruption to train traffic may cause delays to multiple trains at
the same time for the same period.
Additionally, the parties acknowledge that passenger, U.S. mail trains and certain other grain, intermodal,
coal and freight trains operate under incentive/penalty contracts between Railway and its customer(s).
Under these arrangements, if Railway does not meet its contract service commitments, Railway may
suffer loss of performance or incentive pay and/or be subject to penalty payments. Contractor is
responsible for any train performance and incentive penalties or other contractual economic losses
actually incurred by Railway which are attributable to a train delay caused by Contractor or its
subcontractors.
The contractual relationship between Railway and its customers is proprietary and confidential. In the
event of a train delay covered by this Agreement, Railway will share information relevant to any train
delay to the extent consistent with Railway confidentiality obligations. The rate then in effect at the time
153
of performance by the Contractor hereunder will be used to calculate the actual costs of train delay
pursuant to this agreement.
Contractor and its subcontractors must give Railway’s representative (___________________) _____
(__) weeks advance notice of the times and dates for proposed work windows. Railway and Contractor
will establish mutually agreeable work windows for the project. Railway has the right at any time to revise
or change the work windows due to train operations or service obligations. Railway will not be responsible
for any additional costs or expenses resulting from a change in work windows. Additional costs or
expenses resulting from a change in work windows shall be accounted for in Contractor’s expenses for
the project.
Contractor and subcontractors must plan, schedule, coordinate and conduct all Contractor's work so as
to not cause any delays to any trains.
154
IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be executed by its duly
authorized officer the day and year first above written.
<%Contractor.LegalName%> BNSF Railway Company
By: ________________________________ By: ________________________________
Printed Name: _______________________ Name: _____________________________
Manager Public Projects
Title: _______________________________
Accepted and effective this ______day of 20__.
Contact Person: ______________________
Address: ___________________________
City: _______________________________
State: _________ Zip: ________________
Fax: _______________________________
Phone: _____________________________
E-mail: _____________________________
155
[Insert Cost Estimate for Railroad Work here]
EXHIBIT D
156
Exhibit E
[Public Projects Manager’s letterhead]
Date: ______________________
Mr./Ms. ______________________
_____________________________[Name of Agency Here]
_____________________________[Address for Agency]
_____________________________
Re: Final Approval of Plans and Specifications dated _________, 20__, drafted by
_____________________ [insert name of architecture or engineering firm here] (hereinafter
called, the “Plans and Specifications”)
Dear _______________:
This letter serves as BNSF RAILWAY COMPANY’s (“BNSF”) final written approval of the Plans and
Specifications covering the construction of __________________________________ [insert description of
the project here]. This final written approval is given to _______________ [insert name of Agency here]
(“Agency”) pursuant to Article III, Section 1 of that certain Underpass Agreement between BNSF and Agency,
dated __________, 20__, which this Exhibit E is attached to and made a part thereof.
If the Plans and Specifications are revised by Agency subsequent to the date set forth above, this letter shall no
longer serve as final written approval of the Plans and Specifications and Agency must resubmit said Plans and
Specifications to BNSF for final written approval.
It is understood that the approvals contained in this letter do not cover, the approvals of plans and specifications
for any falsework, shoring, and demolition that may be subsequently submitted to BNSF by CITY or its contractor
for approval.
BNSF has not reviewed the design details or calculations for structural integrity or engineering accuracy. BNSF
accepts no responsibility for errors or omissions in the design of the project.
157
Regards,
___________________________
[Public Projects Manager’s Name]
158
Exhibit F
BNSF Bridge Requirements
BRIDGE DESIGN, PLANS & SPECIFICATIONS:
Except for the design of temporary falsework and shoring, BNSF review of the Structure plans will be limited to the vertical
and horizontal clearances, sight distance for existing train signals, foundation dimensions and drainage characteristics as
they relate to existing and future tracks. BNSF will not review structural design calculations for the permanent Structure
unless a member or members are influenced by railroad live loads.
Temporary falsework and shoring plans and calculations must be reviewed and approved by BNSF prior to beginning
construction. The Agency shall perform an independent review of the design calculations for temporary falsework and
shoring prior to submitting them to BNSF for approval. Temporary construction clearances must be no less than 15 feet
measured horizontally from the centerline of the nearest track and 21 feet-6 inches measured vertically from the top of rail
of the most elevated track to the bottom of lowest temporary falsework member. State regulatory agencies may have more
restrictive requirements for temporary railroad clearances.
For the permanent Structure, the Agency will submit plans showing the least horizontal distance from the centerline of
existing and future tracks to the face of the nearest member of the proposed Structure. The location of the least horizontal
distance must be accurately described such that BNSF can determine where it will occur in both the horizontal and vertical
plane. If the permanent member is within 25 feet of the nearest track (or future track), collision walls shall be incorporated
into the permanent Structure design according to American Railway Engineering and Maintenance Association Manual of
Recommended Practice - Chapter 8 - Article 2.1.5.
For the permanent Structure, the Agency will submit plans showing the least vertical clearance from top of the most elevated
rail of existing and future tracks to the lowest point of the proposed Structure. A profile of the existing top of rail elevation
shall be plotted on the bridge plans. The profile shall extend for 500 feet in each direction of the proposed overpass and a
separate profile shall be plotted for each track. If the existing top of rail profile(s) is not uniform such that a sag exists in
the vicinity of the proposed Structure, the permanent Structure vertical clearance shall be increased sufficiently to
accommodate a raise in the track profile to remove the sag. Prior to beginning construction of the permanent Structure, the
top of rail elevations should be checked and verified that they have not changed from the assumed elevations utilized for
the design of the bridge.
Prior to issuing any invitation to bid on construction of the STRUCTURE, the Agency should conduct a pre-bid meeting
where prospective Contractors have the opportunity to communicate with BNSF personnel regarding site specific train
159
speeds, train density, and general safety requirements for men and equipment working near live tracks. Any invitation to
bid and specifications for the Structure must be submitted to BNSF for review and approval prior to letting of bids for the
STRUCTURE.
BRIDGE CONSTRUCTION:
After awarding the bid, but prior to the Contractor entering BNSF’s right-of –way or property, the Agency should conduct
a pre-construction meeting with BNSF personnel in attendance to reiterate the safety requirements of construction activity
adjacent to live tracks.
During construction, BNSF may require an independent engineering inspector to be present during certain critical activities
of the STRUCTURE, including but not limited to: driving foundation piles, erecting falsework, construction of shoring and
retaining walls, placing concrete, placing soil backfill and compaction processes. The Agency shall reimburse BNSF for all
costs of supplemental inspection services.
Within 90 days of the conclusion of the STRUCTURE and final acceptance by BNSF, the Agency will provide BNSF with
a complete electronic set of the bridge plans labeled “As Built”. Those plans will reflect any and all deviations from the
original plans that occurred during construction. The “As Built” plans will be submitted in Micro Station *.dgn electronic
format (preferred) or AutoCAD *.dwg format. Electronic plans are to be submitted in the original format used for CAD
plan preparation and not converted to another format prior to submission. Actual measured “as constructed” clearances
shall be shown as well as depth, size and location of all foundation components. The plans shall show dimensioned locations
of existing and relocated utilities.
BRIDGE MAINTENANCE:
The Agency will be responsible for maintenance and repair of the Structure including the earth retention components,
embankment slopes, erosion control, surface drainage, fencing, deck drains, landscaping, paint, walkways, handrails,
lighting, and other improvements associated with the STRUCTURE.
Fencing and other pedestrian access controls within BNSF’s right-of-way and incorporated into the STRUCTURE shall be
designed and maintained by the Agency. Trespasser control shall be the responsibility of the Agency. Graffiti removal will
be the responsibility of the Agency.
BRIDGE INSPECTION:
160
The Agency will conduct annual routine structural inspections. In the event of an earthquake, fire, flood, damage from
vehicular impacts or other emergent situations, the Agency will provide an immediate inspection by qualified personnel and
notify BNSF of damage that may affect safe passage of trains. If necessary the Agency will embargo weights or provide
lane closures or other such measures to protect the structural integrity of the Structure such that there can be continuous safe
passage of trains until repairs are made.
BRIDGE ALTERATIONS:
Except as provided otherwise by this Agreement, there will be no alterations made to the Structure that will alter the railroad
vertical or horizontal clearances provided by the original design. Pipelines will be not be added or attached to the Structure
without first submitting plans and calculations to BNSF for review and approval.
161
24
Exhibit G & G1
LEGAL DESCRIPTION
162
Exhibit H
BNSF INSTRUCTIONS FOR PREPARATION OF DEMOLITION PLANS
163
AGENDA ITEM 6F
Agenda Item 6F
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: July 14, 2021
TO: Riverside County Transportation Commission
FROM: Western Riverside County Programs and Projects Committee
Bryce Johnston, Capital Projects Manager
THROUGH: Anne Mayer, Executive Director
SUBJECT:
Agreement for California Highway Patrol Construction Zone Enhancement
Enforcement Program Services During the Construction of the Commission’s
Highway Projects
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF
RECOMMENDATION:
This item is for the Commission to:
1) Approve Agreement No. 21-31-103-00, with the California Highway Patrol (CHP) for
Construction Zone Enhanced Enforcement Program (COZEEP) services used during the
construction of Commission highway projects (Projects), for a total amount not to exceed
$4 million for a five-year term; and
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to finalize and
execute the agreement on behalf of the Commission.
BACKGROUND INFORMATION:
Whenever the Commission’s projects on the state highway system employ significant lane or
shoulder closures, the Commission is required to use COZEEP services supplied by the CHP. These
services provide a constant presence of CHP officers to encourage compliance with the
temporary traffic control devices used during construction. In the past, the Commission typically
entered into a project specific agreement with the CHP to provide these services, which would
cover the duration of the project, with an estimated value determined prior to construction.
CHP COZEEP SERVICES:
RCTC was informed in 2020 by the CHP that due to procedural changes, any new project specific
agreements could be issued for a duration of only three months and a maximum amount of
$50,000. These agreements would require renewal if the services were required beyond the
three-month duration or would exceed the agreement value. This process has resulted in
numerous amendments for the Commission’s Projects. This has resulted in increased paperwork,
staff and legal time, and potential impacts and delays to the project’s planned traffic control
operations and construction.
164
Agenda Item 6F
Commission staff worked with the CHP’s local Beaumont office and Headquarters office in
Sacramento to negotiate a 5-year, countywide COZEEP service agreement, which would
eliminate the 3-month duration, $50,000 agreement limits, and the associated potential to delay
the Commission’s Projects.
Staff reviewed the unit rates listed in the proposed agreement, and they align with the separate
COZEEP agreements the Commission has entered into for previous Projects. Staff estimated the
value of the required services for the next 5 years to be approximately $4 million for all ongoing
and anticipated future Projects.
FISCAL IMPACT:
There are sufficient funds included in the FY 2021/22 budgets for the COZEEP services required
during these years through the various planned Projects. Funds required for future years will be
included in each annual budget under each project requiring these services.
Financial Information
In Fiscal Year Budget: Yes
N/A Year: FY 2021/22
FY 2022/23+ Amount: $ 100,000
$3,900,000
Source of Funds:
Congestion Mitigation Air Quality, Surface
Transportation Block Grant, State
Transportation Improvement Program-
Regional Improvement Program,
State Highway Operations and Protection
Program, and 2009 Measure A Western
County Highway funds
Budget Adjustment: No
N/A
GL/Project Accounting No.: XXXXXX 81304 00000 0000 XXX 31 81301 (various projects/funds)
Fiscal Procedures Approved: Date: 06/17/2021
Attachments: Agreement No. 21-31-103-00 with CHP for COZEEP Services
Approved by the Western Riverside County Programs and Projects Committee on
June 28, 2021
In Favor: 12 Abstain: 0 No: 0
165
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167
168
169
170
171
AGENDA ITEM 6G
Agenda Item 6G
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: July 14, 2021
TO: Riverside County Transportation Commission
FROM:
Western Riverside County Programs and Projects Committee
Michelle McCamish, Senior Management Analyst
Brian Cunanan, Commuter and Motorist Assistance Manager
THROUGH: Anne Mayer, Executive Director
SUBJECT: Agreements for Freeway Service Patrol Tow Truck Service
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF
RECOMMENDATION:
This item is for the Commission to:
1) Approve Agreement No. 21-45-049-00 to Pepe’s Towing Service Inc. (Pepe’s) for Freeway
Service Patrol (FSP) tow truck services on State Route (SR) 91, Beat No. 4, for a five-year
term, in an amount of $1,666,787, plus a contingency amount of $83,340, for a total
amount not to exceed $1,750,127;
2) Approve Agreement No. 21-45-050-00 to Pepe’s for FSP tow truck services on SR-60, Beat
No. 7, for a five-year term, in an amount of $1,666,787, plus a contingency amount of
$83,340, for a total amount not to exceed $1,750,127;
3) Approve Agreement No. 21-45-051-00 to Pepe’s for FSP tow truck services on SR-60, Beat
No. 8, for a five-year term, in an amount of $1,666,787, plus a contingency amount of
$83,340, for a total amount not to exceed $1,750,127;
4) Authorize the Chair or Executive Director, pursuant to legal counsel review, to finalize and
execute the agreements on behalf of the Commission; and
5) Authorize the Executive Director, or designee, to approve the use of the contingency
amount as may be required for these services.
BACKGROUND INFORMATION:
In 1986, the Commission established itself as the Riverside County Service Authority for Freeway
Emergencies (RC SAFE) after the enactment of Senate Bill 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.
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Agenda Item 6G
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
jurisdictions. In addition to funding received from Caltrans, agencies are required to contribute
a 25 percent local match. For the Commission, SAFE revenues are used to meet this match
requirement.
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.
Contracts to provide FSP tow service are competitively bid as needed for each beat. Currently,
the Commission contracts with three tow truck operators to provide service on a total of twelve
beats Monday through Friday during the peak commute hours, 5:30 a.m. to
8:30 a.m. and 2:30 p.m. (12:30 p.m. on Fridays) to 6:30 p.m. Special weekend service on Beat
Nos. 4 and 8, funded by the Mobile Source Air Pollution Reduction Review Committee (MSRC), is
operated on Saturday and Sunday from 10:00 a.m. to 6:00 p.m. In FY 2019/20, FSP performed
49,064 assists.
DISCUSSION:
Staff sought a competitive solution to award tow service contracts to qualified firms for the
following three beats on SR-91 and SR-60 as illustrated on Figure 1.
Beat No. Beat No. Description Number of Tow Trucks
4 SR-91 from Magnolia Ave to
60/91/215 Interchange
2 (+1 backup truck)
7 SR-60 from Milliken St to
Main St
2 (+1 backup truck)
8 SR-60 from Central Ave to I-
215 at Alessandro Blvd to SR-
60 at Theodore St
2 (+1 backup truck)
173
Agenda Item 6G
Figure 1: Beats 4, 7, 8
Procurement Process
Staff determined the weighted factor method of source selection to be the most appropriate for
this procurement, as it allows the Commission to identify the most advantageous proposal with
price and other factors considered. Non-price factors include elements such as qualifications of
firm, personnel, and the ability to respond to the Commission’s needs for FSP tow truck services
on SR-91, Beat No. 4 and SR-60, Beat Nos. 7 and 8, as set forth under the terms of the request
for proposals (RFP) No. 21-45-049-00.
Prior to the release of the RFP, staff conducted electronic outreach, in an effort to increase the
participation of tow operators in the FSP program:
• Email Blasts: Five targeted email blasts were sent to over 130 tow company addresses
that included:
o An Introduction to FSP,
o Facts & Myths about FSP,
o Pricing Facts,
o Positive Changes in the FSP program, and
o RFP Beats Map
Normally, staff would have also conducted in-person meetings, prior to the release of the RFP,
to discuss any questions tow operators might have about the process and provide information
about the FSP program. Staff would have also participated in an informational booth at the 2020
California Tow Truck Association (CTTA) Tow Show, hosted with nine other counties in the state,
to provide information about FSP and stay informed of current topics and issues within the tow
industry. Unfortunately, COVID-19 precluded these outreach efforts. Despite the pandemic, the
electronic outreach efforts did result in several responses received requesting further
information about FSP and the RFP.
174
Agenda Item 6G
Outreach efforts help to spread knowledge and awareness about the FSP program. Although not
all tow operators reached may propose, the outreach effort helps the Commission strengthen its
ongoing relationship with local tow companies and the CTTA for any future RFPs that may be
released.
Staff’s previous outreach efforts and conversations with tow companies also led to changes to
the FSP contract which were included in this RFP:
• Offering a different hourly rate for each year of the contract to address inflation costs;
• Offering an optional disbursement of a mobilization payment to help the tow company
purchase its tow trucks and insurance prior to the start of the contract; and
• Lastly, allowing for a difference in hourly rates when it comes to regular work versus
“extra work”. Extra work is work done outside of regular peak FSP service hours and/or
coverage areas, typically for supplemental FSP service in support of a construction
project.
RFP No. 21-45-049-00 was released on April 8, 2021. The RFP was posted on the Commission’s
PlanetBids website, which is accessible through the Commission’s website. Utilizing PlanetBids,
emails were sent to 41 firms, 19 of which are located in Riverside County. Through the PlanetBids
site, 11 firms downloaded the RFP; three of these firms are located in Riverside County.
A pre-proposal conference was held on April 15, 2021, and was attended by four firms.
Staff responded to all questions submitted by potential proposers prior to the April 29, 2021
clarification deadline date. Three firms – Coastal Pride Towing, Inc. (Riverside); Pepe’s Towing
Service Inc. (Colton); and Royal Coaches Auto Body & Towing (Riverside) – submitted proposals
prior to the 2:00 p.m. submittal deadline on May 18, 2021. Coastal Pride Towing, Inc. Pepe’s
Towing Service Inc., and Royal Coaches Auto Body & Towing submitted proposals for all three
beats. All proposals submitted were responsive and responsible proposals.
An evaluation committee comprised of the CHP Inland Division, Orange County Transportation
Authority, San Bernardino County Transportation Authority, and Commission staff evaluated
each proposal in accordance with the evaluation criteria set forth in the RFP. Based on the
evaluation committee’s assessment of the written proposals and pursuant to the terms of the
RFP, the evaluation committee shortlisted all three firms for each beat. The evaluation
committee conducted interviews of key personnel and reviewed site visit videos on June 3, 2021.
Accordingly, the evaluation committee provided final scoring based on a comprehensive
evaluation of each written proposal and interview. Based on the evaluation committee’s
assessment, the evaluation committee determined Pepe’s Towing Service Inc. to be the most
qualified firm to perform the work outlined in the scope of services for Beat Nos. 4, 7, and 8.
The proposed five-year contract totals and evaluation rankings for all firms are presented in the
following tables:
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Agenda Item 6G
State Route 91 – Beat No. 4
Firm Total Evaluation Ranking
Pepe’s Towing Service Inc. $1,666,787 1
Royal Coaches Auto Body & Towing $1,693,997 2
Coastal Pride Towing, Inc. $1,710,410 3
State Route 60 - Beat No. 7
Firm Total Evaluation Ranking
Pepe’s Towing Service Inc. $1,666,787 1
Royal Coaches Auto Body & Towing $1,693,991 2
Coastal Pride Towing, Inc. $1,710,410 3
State Route 60 - Beat No. 8
Firm Total Evaluation Ranking
Pepe’s Towing Service Inc. $1,666,787 1
Royal Coaches Auto Body & Towing $1,693,991 2
Coastal Pride Towing, Inc. $1,710,410 3
As a result of the evaluation committee’s assessment of the written proposals and interviews,
the evaluation committee recommends contract award for FSP tow truck services for SR-91, Beat
No. 4, and SR-60, Beat Nos. 7 and 8, to Pepe’s Towing Service Inc. for a five-year term, in the
amount of $1,666,787, plus a contingency of $83,340, for a total amount not to exceed
$1,750,127 for Beat No. 4; $1,666,787, plus a contingency of $83,340, for a total amount not to
exceed $1,750,127 for Beat No. 7; $1,666,787, plus a contingency of $83,340, for a total amount
not to exceed $1,750,127 for Beat No. 8.
The Commission’s standard form FSP services agreement will be entered into with the consultant
subject to any changes approved by the Executive Director and pursuant to legal counsel review.
Staff also recommends that the Executive Director, or designee, approve the use of the
contingency amount as may be required for these services. The three new contracts will begin
FSP service in January 2022.
Financial Information
In Fiscal Year Budget: Yes
N/A Year: FY 2021/22
FY 2022/23+ Amount: $502,150
$4,748,231
Source of Funds: State of California, SAFE funds, MSRC
Grant Budget Adjustment: No
N/A
GL/Project Accounting No.: 002173 81014 00000 0000 201 45 81002
Fiscal Procedures Approved: Date: 06/16/2021
Attachments:
1) Draft FSP Agreement No. 21-45-049-00 with Pepe’s Towing Service Inc.
176
Agenda Item 6G
2) Draft FSP Agreement No. 21-45-050-00 with Pepe’s Towing Service Inc.
3) Draft FSP Agreement No. 21-45-051-00 with Pepe’s Towing Service Inc.
4) FSP Outreach Flyers
Approved by the Western Riverside County Programs and Projects Committee on
June 28, 2021
In Favor: 11 Abstain: 1 No: 0
177
Agreement No. 21-45-049-00
RIVERSIDE COUNTY TRANSPORTATION COMMISSION, ACTING AS THE RIVERSIDE
COUNTY SERVICE AUTHORITY FOR FREEWAY EMERGENCIES,
FOR
FREEWAY SERVICE PATROL FOR BEAT # 4 WITHIN RIVERSIDE COUNTY
WITH PEPE’S TOWING SERVICE
1.PARTIES AND DATE.
1.1 This Agreement is made and entered into as of _____day of _________,
2021, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION
(“COMMISSION”) acting as the RIVERSIDE COUNTY SERVICE AUTHORITY FOR
FREEWAY EMERGENCIES (“SAFE”) and PEPE’S TOWING SERVICE, a California
Corporation (referred to herein as “CONTRACTOR”). SAFE and CONTRACTOR are
sometimes individually referred to herein as “Party” and collectively as “Parties”.
1.2 The California Highway Patrol herein referred to as “CHP” and California
Department of Transportation, herein referred to as “Caltrans” are hereby expressly
designated as third-party beneficiaries of CONTRACTOR’s performance under this
Agreement.
2.RECITALS.
2.1 WHEREAS, COMMISSION is a California County Transportation
Commission existing under the authority of Section 130050 et seq. of the
California Public Utilities Code;
2.2 WHEREAS, COMMISSION is authorized, pursuant to Section 2550 et
seq. of the California Streets and Highways Code, to act as SAFE for
purposes of providing a motorist aid system, including provision of
freeway service patrols;
2.3 WHEREAS, SAFE requires the services of a CONTRACTOR to provide
the freeway service patrol professional services as described in the
Scope of Services;
2.4 WHEREAS, SAFE has determined that CONTRACTOR is best qualified
to perform the required services;
2.5 WHEREAS, the CONTRACTOR is able and willing to perform the
required services under the terms and conditions of this Contract;
2.6 WHEREAS, COMMISSION is the short range transportation planning
agency for Riverside County, and programs federal, state, and local
funds. COMMISSION has entered into a Memorandum of Understanding
ATTACHMENT 1
178
with Caltrans and CHP to fund peak period freeway service patrols on
selected freeway segments in Riverside County; and
2.7 WHEREAS, Section 21718 (a) of the California Vehicle Code specifically
authorized CHP to be responsible for freeway service patrols stopping on
freeways for the purpose of rapid removal of impediments to traffic.
Article 3, Section 91, of the Streets and Highways Code, states that
Caltrans has responsibility to improve and maintain the state highways.
Caltrans also has the responsibility for traffic management and removing
impediments from the highways.
NOW, THEREFORE, for the consideration hereinafter stated, SAFE and CONTRACTOR
agree as follows:
3. TERMS.
3.1 General Scope of Services. The purpose of the Freeway Service Patrol
(“FSP”) program is to provide for the rapid removal of disabled vehicles and vehicles involved
in minor accidents from the freeway. Contractor promises and agrees to furnish to SAFE all
labor materials, tools, equipment, services, and incidental and customary work necessary to
fully and adequately provide the FSP 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, and the SOP manual (as defined below).
3.1.1. Contract Oversight. Caltrans and CHP will jointly oversee the
Services. Both agencies will have responsibility for overseeing Service performance and
ensuring that the CONTRACTOR abides by the terms of this Contract. CHP is responsible for
dispatch services to incident locations within the CONTRACTOR’s patrol limits. The
dispatching will be done in accordance with this Contract. A Standard Operating Procedures
(“SOP”) manual will be given to the CONTRACTOR explaining the types of incidents to which
his/her operators may be dispatched.
3.1.2 Beat Descriptions. The FSP will operate on selected freeway
segments referred to herein as “beats”. Each beat has specific turnaround locations and
designated drop locations identified by the CHP. Exhibit “A” shows the specific limits, number
of tow trucks, number of back-up trucks and hours of operation, and holidays for the
CONTRACTOR’s specific beat. SAFE reserves the right to add or delete holidays to the work
schedule, provided that SAFE provides CONTRACTOR seven (7) days advanced notice of
such addition or deletion. Travel time to and from the beat will be at the expense of the
CONTRACTOR.
3.1.3 Change Orders. At any time during the term of this Contract,
SAFE reserves the right to adjust beat specifications to better accommodate demand for the
Services, or availability of funding, at no cost to SAFE. Adjustments may include reduction in
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the hours of Services. SAFE may direct such adjustments during the course of this Contract
through written change orders, signed by SAFE, setting forth any changes to Exhibit “A”.
Changes may include a change of the specified beat(s) to other beats that SAFE determines
better serve the needs of SAFE, as well as changes to schedules and hours for the beats set
forth in Exhibit “A”. If warranted, as determined in SAFE’s sole discretion, and during the
hours of operation of the Services, the CONTRACTOR may be requested to temporarily
reassign his/her FSP operators/trucks to locations outside the assigned beat. Such
reassignments shall be at no cost to SAFE.
3.1.4. The SOP Manual. To promote a safe work environment and for
the maintenance of professionalism, the most current version of the SOP manual shall, at all
times, be followed by the CONTRACTOR and its vehicle operators. The SOP manual, as
such manual may from time to time be amended, is incorporated into this Contract by
reference. CONTRACTOR shall be notified and provided with a copy of any changes to the
SOP manual. Drivers found not to be in compliance with FSP procedures, as set forth in the
SOP manual or this Contract, may be suspended or terminated from the FSP program and
the CONTRACTOR may be fined three (3) times the hourly Contract rate in one (1) minute
increments until a replacement vehicle is provided (Driver and Truck must return to beat
compliant with all FSP requirements), or fined for the entire shift at three (3) times the hourly
rate at the discretion of the FSP Field Supervisors.
3.2 Equipment Requirements. CONTRACTOR shall comply with all
equipment requirements outlined in the attached Exhibit “A”.
3.3 Commencement of Services. The CONTRACTOR shall commence work
upon receipt of a written Notice to Proceed from SAFE.
3.4 Term. The term of this Contract shall be for a period of five (5) years,
from January 4, 2022 to January 3, 2027 unless earlier terminated as provided herein.
SAFE shall also have the right to renew this Contract from one month up to a one (1) year
term after the initial term by providing notice as provided below. SAFE must provide written
notice to CONTRACTOR no less than ninety (90) days prior to the end of the applicable term,
indicating its renewal of the Contract. CONTRACTOR shall complete the Services within the
term of this Contract, and shall meet any other established schedules and deadlines. All
applicable indemnification provisions of this Contract shall remain in effect following the
termination of this Contract. The rates shall be as follows:
SCHEDULE OF HOURLY RATES
Classification Year 1 Year 2 Year 3 Year 4 Year 5
Regular Rate $ 81.75 per
hour
$ 83.75 per
hour
$ 85.56 per
hour
$ 87.23 per
hour
$ 89.10 per
hour
CFSP/Extra Rate $ 89.93 per
hour
$ 92.12 per
hour
$ 94.12 per
hour
$ 95.95 per
hour
$ 98.01 per
hour
3.5 SAFE's Representative. SAFE hereby designates the SAFE Executive
Director or his or her designee, to act as its Representative for the performance of this
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Contract ("SAFE’s Representative"). SAFE’s Representative shall have the authority to act on
behalf of SAFE for all purposes under this Contract. SAFE's Representative shall also review
and give approval, as needed, to the details of CONTRACTOR's work as it progresses.
CONTRACTOR shall not accept direction or orders from any person other than the SAFE’s
Representative or his or her designee.
3.6 CONTRACTOR’S Representative. CONTRACTOR hereby designates
Lorenzo Navarro, Vice President, to act as its representative for the performance of this
Contract ("CONTRACTOR’s Representative"). CONTRACTOR’s Representative shall have
full authority to act on behalf of CONTRACTOR for all purposes under this Contract. The
CONTRACTOR’s Representative shall supervise and direct the Services, using his best skill
and attention, and shall be responsible for all means, methods, techniques, sequences and
procedures and for the satisfactory coordination of all portions of the Services under this
Contract. CONTRACTOR shall work closely and cooperate fully with SAFE's Representative
and any other agencies which may have jurisdiction over or an interest in the Services.
CONTRACTOR's Representative shall be available to the SAFE staff at all reasonable times.
Any substitution in CONTRACTOR's Representative shall be approved in writing by SAFE's
Representative.
3.7 Substitution of Key Personnel. CONTRACTOR has represented to SAFE
that certain key personnel will perform and coordinate the Services under this Contract.
Should one or more of such personnel become unavailable, CONTRACTOR may substitute
other personnel of at least equal competence upon written approval by SAFE’s
Representative. In the event that SAFE’s Representative and CONTRACTOR cannot agree
as to the substitution of the key personnel, SAFE shall be entitled to terminate this Contract
for cause, pursuant to the provisions of Section 3.15. The key personnel for performance of
this Contract are: Manuel Acosta, Owner/CEO; Lorenzo Navarro, General Manager; Pete
Ortiz, Administrative Manager; Fernando Soria, Operations Manager; Laura Acosta,
Office Administrator.
3.7.1 Availability of FSP Manager. Except in the case of unpreventable
circumstances, the FSP Manager must be available at the CONTRACTOR’s office for at least
50% of each Work Day to address time sensitive issues related to this Contract or the
Services, including, but not limited to, FSP administrative responsibilities; SAFE, CHP, and
Caltrans requests; driver matters; and truck maintenance issues. CONTRACTOR shall,
within 24 hours, notify SAFE of each circumstance causing the FSP Manager not to be
available as required herein. As used in this section, the term “Work Day” shall mean and
refer to any day that FSP service is provided, during those hours of operation for Construction
FSP as identified on the attached Exhibit “A-1”.
3.8 Review of Work and Deliverables. All reports, working papers, and
similar work products prepared for submission in the course of providing Services under this
Contract may be required to be submitted to SAFE's Representative in draft form, and SAFE’s
Representative may require revisions of such drafts prior to formal submission and approval.
In the event that SAFE's Representative, in his or her sole discretion, determines the formally
submitted work product to be inadequate, SAFE's Representative may require
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CONTRACTOR to revise and resubmit the work at no cost to SAFE. Upon determination by
SAFE that CONTRACTOR has satisfactorily completed the Services required under this
Contract and within the term set forth in Section 3.4, SAFE shall give CONTRACTOR a
written Notice of Final Completion. Upon receipt of such notice, CONTRACTOR shall incur
no further costs hereunder, unless otherwise specified in the Notice of Completion.
CONTRACTOR may request issuance of a Notice of Final Completion when, in its opinion, it
has satisfactorily completed all Services required under the provisions of this Contract.
3.9 Appearance at Hearings. If and when required by SAFE, CONTRACTOR
shall render assistance at public hearings or other meetings related to the performance of the
Services.
3.10 Standard of Care: Licenses. CONTRACTOR represents and maintains
that it is skilled in the professional calling necessary to perform all Services, duties and
obligations required by this Contract. CONTRACTOR shall perform the Services and duties
in conformance to and consistent with the standards generally recognized as being employed
by professionals in the same discipline in the State of California. CONTRACTOR warrants
that all employees and subcontractors shall have sufficient skill and experience to perform the
Services assigned to them. CONTRACTOR further represents and warrants to SAFE that its
employees and subcontractors have all licenses, permits, qualifications (including medical
certification) and approvals of whatever nature that are legally required to perform the
Services, and that such licenses and approvals shall be maintained throughout the term of
this Contract. CONTRACTOR shall perform, at its own cost and expense and without
reimbursement from SAFE, 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 SAFE for all damages and other liabilities provided for
in the indemnification provisions of this Contract arising from the CONTRACTOR’s errors and
omissions. Any employee of CONTRACTOR or its subcontractors who is determined by
SAFE to be uncooperative, incompetent, a threat to the adequate or timely completion of the
Services, a threat to the safety of persons or property, or any employee who fails or refuses to
perform the Services in a manner acceptable to SAFE, shall be promptly removed from
performing the Services by the CONTRACTOR and shall not be re-employed to perform any
of the Services.
3.11 Opportunity to Cure. SAFE may provide CONTRACTOR an opportunity
to cure, at CONTRACTOR's expense, all errors and omissions which may be disclosed during
performance of the Services. Should CONTRACTOR fail to make such correction in a timely
manner, such correction may be made by SAFE, and the cost thereof charged to
CONTRACTOR.
3.12 Inspection of Work. CONTRACTOR shall allow SAFE's Representative
to inspect or review CONTRACTOR's performance of Services in progress at any time.
SAFE/Caltrans/CHP also reserves the right to audit all paperwork demonstrating that
CONTRACTOR participates in an employee alcohol/drug-testing program and the DMV Pull
Notice Program.
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3.13 Laws and Regulations. CONTRACTOR shall keep itself fully informed of
and in compliance with all local, state and federal laws, rules and regulations in any manner
affecting the performance of the Services, including all Cal/OSHA requirements, and shall
give all notices required by law. CONTRACTOR shall be solely 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 SAFE, CONTRACTOR shall be solely responsible for all costs arising therefrom.
CONTRACTOR shall defend, indemnify and hold SAFE, their officials, directors, officers,
employees and agents free and harmless, pursuant to the indemnification provisions of this
Contract, from any claim or liability arising out of any failure or alleged failure to comply with
such laws, rules or regulations.
3.14 Damage Complaints. Upon receiving a damage complaint from a motorist
assisted by the CONTRACTOR, that the CONTRACTOR damaged their vehicle while lending
assistance, the CONTRACTOR shall notify CHP immediately regarding the nature of the
damage complaint and its disposition. The CONTRACTOR shall reply to the motorist by
telephone within twenty-four (24) hours of receiving the damage complaint notification. If
necessary, the CONTRACTOR shall send either his or her authorized representative or his or
her insurance company representative to inspect the vehicle and complete an incident report
within forty-eight (48) hours after receiving the damage complaint. If the investigation shows
that damage to the vehicle could have been caused by the CONTRACTOR, the
CONTRACTOR shall negotiate in good faith to try and resolve the issue and shall report to
the CHP the result of the negotiations. All complaints shall be resolved within a reasonable
period of time after being received.
3.14.1 Complaint Review Committee. The FSP Technical Advisory
Committee (“FSP TAC”) is composed of voting members from CHP, SAFE and Caltrans.
Voting members of the FSP TAC are hereby designated as the members of the Damage
Complaint Review Committee (“DCRC”). If the DCRC finds that justifiable complaints are not
resolved within a reasonable time frame, it can recommend that payment to the
CONTRACTOR in the amount of the damage claim may be deducted from the
CONTRACTOR’s monthly invoice.
3.15 Termination.
3.15.1 Notice; Reason. SAFE may, by written notice to CONTRACTOR,
terminate this Contract, in whole or in part, including, without limitation, the geographical
territory covered by this Contract, at any time by giving written notice to CONTRACTOR of
such termination, and specifying the effective date thereof (“Notice of Termination”). Such
termination may be for SAFE’s convenience, due to lack of available funding for the Services,
or because of CONTRACTOR's failure to perform its duties and obligations under this
Contract, including, but not limited to, the failure of CONTRACTOR to timely perform Services
pursuant to the Scope of Services described in Section 3, entitled “Terms,” as well as Section
7 of the RFP. CONTRACTOR may not terminate this Contract except for cause.
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3.15.2 Discontinuance of Services. Upon receipt of the written Notice of
Termination, CONTRACTOR shall discontinue all affected Services as directed in the Notice
of Termination, and deliver to SAFE all Documents and Data, as defined in this Contract, as
may have been prepared or accumulated by CONTRACTOR in performance of the Services,
whether completed or in progress.
3.15.3 Effect of Termination For Convenience. If the termination is to be
for the convenience of SAFE, SAFE shall compensate CONTRACTOR for Services fully and
adequately provided through the effective date of termination as provided in the Notice of
Termination. Such payment shall include a pro-rated amount of profit, if applicable, up
through such effective date, but no amount shall be paid for anticipated profit on unperformed
Services past such effective date. CONTRACTOR shall provide documentation deemed
adequate by SAFE's Representative to show the Services actually completed by
CONTRACTOR prior to the effective date of termination. This Contract shall terminate on the
effective date of the Notice of Termination.
3.15.4 Effect of Termination for Cause. If the termination is for cause,
CONTRACTOR shall be compensated for those Services which have been fully and
adequately completed and accepted by SAFE as of the effective date of termination as
provided in the Notice of Termination. In such case, SAFE may take over the work and
prosecute the same to completion by contract or otherwise. Further, CONTRACTOR shall be
liable to SAFE for any reasonable additional costs or damages incurred to revise work for
which SAFE has compensated CONTRACTOR under this Contract, but which SAFE has
determined in its sole discretion needs to be revised, in part or whole. Termination of this
Contract for cause may be considered by SAFE in determining whether to enter into future
contracts with CONTRACTOR.
3.15.5 Cumulative Remedies. The rights and remedies of the Parties
provided in this Section are in addition to any other rights and remedies provided by law or
under this Contract.
3.15.6 Procurement of Similar Services. In the event this Contract is
terminated, in whole or in part, as provided by this Section, SAFE may procure, upon such
terms and in such manner as it deems appropriate, services similar to those terminated.
3.15.7 Waivers. CONTRACTOR, in executing this Contract, recognizes
that the Services may be terminated, in whole or in part, as provided in this Section.
CONTRACTOR shall not be entitled to any damages including, but not limited to, any
compensation for costs incurred to procure vehicles, meet the terms for providing the
Services, or for any other costs or expenses, and shall be deemed to have waived any and all
claims for damages, costs or expenses which may otherwise arise from SAFE's termination of
this Contract, for convenience or cause, as provided in this Section.
3.15.8 Authorization to Terminate. The Executive Director of SAFE shall
have the full authority and discretion to exercise SAFE’s rights under this Section 3.15,
entitled “Termination”.
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3.16 Trend Meetings. CONTRACTOR shall attend, or send a designated
management-level representative, to all trend meetings (i.e., required FSP TAC meeting
which meets every other month). These trend meetings will encompass focused and informal
discussions concerning, but not limited to: scope, Services, schedule, current progress of
Services, relevant cost issues, and future objectives. CONTRACTOR shall be responsible for
having a representative attend all meetings (i.e., FSP TAC meetings) that has the ability to
make management-level decisions on the behalf of the CONTRACTOR. If the
CONTRACTOR cannot have a management-level representative at a meeting,
CONTRACTOR shall notify SAFE and CHP prior to the meeting. Management-level
attendance at these meetings shall be considered part of the CONTRACTOR’s contractual
responsibility. Meetings are scheduled, and CONTRACTOR will be notified of such schedule,
no later than three (3) working days prior to the meeting.
3.17 Fees and Payment.
3.17.1 Amount to be Paid. Subject to the provisions set forth below for
Services satisfactorily performed hereunder, SAFE shall pay the CONTRACTOR on a fixed
unit rate basis a ceiling price NOT TO EXCEED One Million Six Hundred Sixty-Six
Thousand Seven Hundred Eighty-Seven Dollars ($1,666,787).
3.17.2 Maximum Payment is the Ceiling Price. SAFE shall not be
obligated to pay costs which exceed the ceiling price set forth above, except as provided in
Sections 3.15 and 3.17.10. CONTRACTOR agrees to use its best efforts to perform the
services and all obligations under this Contract within such ceiling price.
3.17.3 Hourly Rate; Break and Meal Periods. For its performance of the
Services, the CONTRACTOR shall be paid for labor expended directly in the performance of
the Services at the rates specified below. Payments shall be made monthly in arrears based
on Services provided and allowable incurred expenses. The CONTRACTOR shall not be
entitled to reimbursements for any expenses unless approved in advance in writing.
SCHEDULE OF HOURLY RATES
Classification Year 1 Year 2 Year 3 Year 4 Year 5
Regular Rate $ 81.75 per
hour
$ 83.75 per
hour
$ 85.56 per
hour
$ 87.23 per
hour
$ 89.10 per
hour
CFSP/Extra Rate $ 89.93 per
hour
$ 92.12 per
hour
$ 94.12 per
hour
$ 95.95 per
hour
$ 98.01 per
hour
Hourly rates may be adjusted as set forth in Chapter 9, Violations/Penalties, of the FSP
Standard Operating Procedures (SOP).
A) CONTRACTOR is responsible for compliance with all
California labor laws related to break periods and meal periods including, but not limited
to, compliance with Labor Code section 512. CONTRACTOR shall be solely responsible
for any additional pay to which its drivers may be entitled for CONTRACTOR’s failure to
comply with the California labor law requirements.
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B) During shifts that require drivers to be provided a 30-
minute meal period break pursuant to Labor Code section 512, CONTRACTOR shall
either make arrangements for another certified driver to provide Services during those
breaks or not be compensated for each 30-minute meal period break during which
Services are not provided. In no case shall CONTRACTOR be entitled to bill RCTC for
time during which a driver is taking a meal period break.
3.17.4 Payment Coverage. The compensation herein above specified will
cover and include all applicable labor surcharges such as taxes, insurance and fringe
benefits, as well as indirect costs, overhead, general and administrative expense, and profit.
3.17.5 Cost Principles.
A) CONTRACTOR agrees to comply with 2 CFR, Part 225,
Cost Principles for State and Local Government, and 2 CFR, Part 200, Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards.
B) CONTRACTOR agrees that 1) Contract Cost Principles and
Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq.,
shall be used to determine the allowability of individual cost items, and 2) CONTRACTOR
shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200,
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards.
C) Any costs for which CONTRACTOR has received payment
or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part
225, 48 CFR, Chapter 1, Part 31 or 2 CFR, Part 200, are subject to repayment by
CONTRACTOR to SAFE. Should CONTRACTOR fail to reimburse moneys due SAFE
within 30 days of demand, or within such other period as may be agreed in writing
between the Parties hereto, SAFE is authorized to intercept and withhold future payments
due CONTRACTOR from SAFE or any third-party source, including, but not limited to, the
State Treasurer, the State Controller, and the California Transportation Commission.
3.17.6 Fines. Fines for starting late; leaving early; taking more breaks
than authorized; or being ordered out of service by a CHP, SAFE Representative or
Caltrans supervisor for Contract infractions shall be deducted from the CONTRACTOR’s
monthly invoice at five (5) times the hourly rate, plus the loss of revenue for the down time.
Fines may be further described in the attached Exhibit “A” or Exhibit “B”.
3.17.7 Accounting System. CONTRACTOR and its subcontractors
shall establish and maintain an accounting system and records that properly accumulate
and segregate expenditures by line item for the Services. The accounting system of
CONTRACTOR and its subcontractors shall conform to Generally Accepted Accounting
Principles (GAAP), enable the determination of incurred costs at interim points of
completion, and provide support for reimbursement payment vouchers or invoices.
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3.17.8 Invoices. Invoices for CONTRACTOR’s Services shall be
submitted monthly on forms approved by SAFE. Invoices will be routinely verified by CHP.
To ensure prompt payment, most billing disputes may be resolved within ten (10) working
days of written notice of dispute. However, at SAFE’s discretion, reconciliation of disputed
fines that sum to less than 2% of the months’ Invoice may be corrected on the next month’s
Invoice to ensure prompt payment of the major portion of the invoice. Each Invoice shall
include a cover sheet bearing a certification as to the accuracy of the statement signed by the
CONTRACTOR’s authorized officer. Invoices shall be mailed to SAFE’s Contract
Administrator at the following address:
Riverside County Service Authority for Freeway Emergencies
FSP Program
P.O. Box 12008
Riverside, CA
92502-2208
Attn: Brian Cunanan
3.17.8.1 Payment Schedule. Invoice periods shall be based upon
a calendar month, beginning with the first day of the month. SAFE shall reimburse
CONTRACTOR for Services adequately provided under this Contract within thirty (30) days of
receiving the current period invoice with no errors. If the Invoice is completed incorrectly by
the CONTRACTOR it will delay payment. If SAFE fails to pay any amount owed to
CONTRACTOR under this Contract within thirty (30) days after receipt of the invoice,
CONTRACTOR may give SAFE a notice of failure to pay which shall set forth the invoice(s)
and amount(s) which CONTRACTOR believes are thirty (30) days overdue. SAFE shall pay
any undisputed invoice(s) and amount(s) within thirty (30) days of receipt of a notice of failure
to pay.
3.17.9 Right to Audit. For the purpose of determining compliance with this
Contract and other matters connected with the performance of CONTRACTOR’s contracts
with third parties, CONTRACTOR and its subcontractors 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 CONTRACTOR. SAFE, the State of California acting
through the Department of Transportation or its duly authorized representative, the California
State Auditor, 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 CONTRACTOR shall furnish copies thereof if requested.
3.17.10 Taxes. CONTRACTOR shall pay any sales, use, or other taxes,
if any, attributable to the provision of the Services.
3.17.11 Travel and Subsistence. Payments to CONTRACTOR for travel
and subsistence expenses claimed for reimbursement or applied as local match credit shall
not exceed rates authorized to be paid exempt non-represented State employees under
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current State Department of Personnel Administration (DPA) rules. If the rates invoiced are in
excess of those authorized DPA rates, then CONTRACTOR is responsible for the cost
difference and any overpayments shall be reimbursed to SAFE on demand.
3.17.12 Employment Adverse to the SAFE. CONTRACTOR shall notify
SAFE, and shall obtain SAFE’s written consent, prior to accepting work to assist with or
participate in a third-party lawsuit or other legal or administrative proceeding against SAFE
during the term of this Contract.
3.17.13 Extra Work. At any time during the term of this Contract, SAFE
may request CONTRACTOR to perform Extra Work. “Extra Work” shall mean any work which
is determined by SAFE to be necessary for proper completion of the Services, but which the
Parties did not reasonably anticipate would be necessary at the time of the execution of this
Contract and was not included in the Scope of Services. Extra Work, if any, shall be
reimbursed at the same hourly rate as identified in Section 3.17.3. CONTRACTOR shall not
perform, nor be compensated for Extra Work without obtaining authorization in the form of a
written Extra Work Order issued by SAFE’s Representative. For instance, Construction FSP
services as it relates to construction activity can be considered Extra Work. In the event an
Extra Work Order is not issued and signed by SAFE’s Representative, CONTRACTOR shall
not provide such Extra Work. However, no compensation or reimbursement for Extra Work
shall be paid if it is not authorized by SAFE and if the cumulative total of such Extra Work
under the Contract exceeds $25,000. All Extra Work in a cumulative total in excess of
$25,000 must be approved in advance by amendment to this Contract.
3.17.13.1 Extra Work Cancellation Policy. If a tow operator is
scheduled for Extra Work and they are notified of a cancellation with LESS than a 24 hour
notice – then the tow operator will be reimbursed for three (3) hours of the agreed upon
contract hourly rate. Note: The minimum of the three (3) hours should cover eight hours of
the drivers’ hourly wage. Starting with “Less than a 24 hour cancellation notice” up to the time
the tow operator is on the assigned Extra Work Beat, the “three contract hour cancellation
rate” remains the same. Once the tow operator is on the Extra Work Beat, the cancellation
policy changes.
If a tow operator begins the Extra Work (the truck is on the Beat) and is then notified that
Extra Work has been cancelled, the FSP operator will be paid for the entire shift period up to
a maximum of eight (8) hours. A shift period for this policy is defined as: the time period of
the actual Extra Work shift assigned or for a maximum of eight (8) contract hours, whichever
is less.
The supervising FSP CHP Officer for the Extra Work shift will make the final determination as
to whether or not the tow operator will continue to work the Extra Work shift. Regardless, the
tow operator will be reimbursed for the original shift period or a maximum or eight (8) hours,
whichever is less.
3.17.14 Most Favored Customer. CONTRACTOR agrees that,
throughout the term of this Contract, it shall not enter into any FSP services agreement with
any government agency with whom it has either existing contractual relationship or has no
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contractual relationship that predates this Contract, pursuant to which CONTRACTOR agrees
to charge FSP services fees less than those as indicated in this Contract for substantially the
same level of FSP services contemplated by this Contract. Should SAFE establish that such
lower fees have been agreed to by CONTRACTOR with another government agency,
CONTRACTOR agrees to renegotiate the fees or to refund SAFE an amount equal to the
difference between the fees indicated in this Contract and the fees charged to other
government agency customer.
3.18 Delay in Performance.
3.18.1 Excusable Delays. Neither Party shall be considered in default in
the performance of its obligations to the extent that the performance of any such obligation is
prevented or delayed by an Excusable Delay. Should CONTRACTOR be delayed or
prevented from the timely performance of any act or Services required by the terms of the
Contract by an Excusable Delay, Contractor’s schedule for completion of tasks affected by
such delay may be extended as set forth in Section 3.18.2. But in every case,
CONTRACTOR’s failure to perform must be reasonably beyond the control, and without the
fault or negligence of the CONTRACTOR. Excusable Delays are acts of God or of the public
enemy, acts or omissions of SAFE or other governmental agencies in either their sovereign or
contractual capacities, fires, floods, epidemics, quarantine restrictions, strikes, freight
embargoes or unusually severe weather.
3.18.2 Written Notice. If CONTRACTOR believes it is entitled to an
extension of time due to conditions set forth in subsection 3.18.1, CONTRACTOR shall
provide written notice to the SAFE within seven (7) working days from the time
CONTRACTOR knows, or reasonably should have known, that performance of the Services
will be delayed due to such conditions. Failure of CONTRACTOR to provide such timely
notice shall constitute a waiver by CONTRACTOR of any right to an excusable delay in time
of performance.
3.18.3 Mutual Contract. Performance of any Services under this Contract
may be delayed upon mutual agreement of the Parties. Upon such agreement,
CONTRACTOR's Schedule of Services (as defined in their Proposal) shall be extended as
necessary by SAFE. CONTRACTOR shall take all reasonable steps to minimize delay in
completion, and additional costs, resulting from any such extension.
3.19 Status of CONTRACTOR/Subcontractors.
3.19.1 Independent Contractor. The Services shall be performed by
CONTRACTOR or under its supervision. CONTRACTOR will determine the means, methods
and details of performing the Services subject to the requirements of this Contract. SAFE
retains CONTRACTOR on an independent contractor basis and not as an employee, agent or
representative of the SAFE. CONTRACTOR retains the right to perform similar or different
services for others during the term of this Contract. Any additional personnel performing the
Services under this Contract on behalf of CONTRACTOR shall at all times be under
CONTRACTOR's exclusive direction and control. CONTRACTOR shall pay all wages,
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salaries and other amounts due such personnel in connection with their performance of
Services and as required by law. CONTRACTOR shall be responsible for all reports and
obligations respecting such personnel, including but not limited to, social security taxes,
income tax withholdings, unemployment insurance, disability insurance, and workers'
compensation insurance.
3.19.2 Assignment or Transfer. CONTRACTOR shall not assign,
hypothecate, or transfer, either directly or by operation of law, this Contract or any interest
herein, without the prior written consent of SAFE. 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. Notwithstanding the foregoing, SAFE
may transfer or assign any and all of its rights and obligations under this Contract, including,
without limitation the rights to terminate this Contract, as assigned, pursuant to Section 3.15
hereof.
3.19.3 Subcontracting. CONTRACTOR shall not subcontract any portion
of the work or Services required by this Contract, except as expressly stated herein, including
the Scope of Services, without prior written approval of the SAFE. Subcontracts, if any, shall
contain a provision making them subject to all provisions stipulated in this Contract. SAFE
shall have no liability to any subconsultant(s) for payment for services under this Contract or
other work performed for CONTRACTOR, and any subcontract entered into by
CONTRACTOR pursuant to the conduct of services under this Contract shall duly note that
the responsibility for payment for the technical services or any other work performed shall be
the sole responsibility of CONTRACTOR.
3.20 CONTRACTOR will maintain an inventory of all non-expendable
equipment, defined as having a useful life of at least two years and an acquisition cost of
$500 or more, paid for with funds provided pursuant to this Contract.
3.21 Ownership of Materials and Confidentiality.
3.21.1 Documents & Data; Licensing of Intellectual Property. All plans,
specifications, studies, drawings, estimates, materials, data, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings, spreadsheets, or data magnetically or otherwise recorded on computer diskettes,
prepared by or on behalf of CONTRACTOR under this Contract (“Documents and Data”),
shall be made available to SAFE at all times during this Contract and shall become the
property of SAFE upon the completion of the term of this Contract, except that
CONTRACTOR shall have the right to retain copies of all such Documents and Data for its
records. Should CONTRACTOR, either during or following termination of this Contract, desire
to use any Documents and Data, it shall first obtain the written approval of SAFE. This
Contract creates a no-cost, nonexclusive, and perpetual license for SAFE to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in the Documents and Data which are prepared or caused to be prepared by
CONTRACTOR under this Contract (“Intellectual Property”). CONTRACTOR shall require all
subcontractors to agree in writing that SAFE is granted a no-cost, nonexclusive, and
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perpetual license for any Intellectual Property the subcontractor prepares under this Contract.
CONTRACTOR represents and warrants that CONTRACTOR has the legal right to license
any and all Intellectual Property prepared or caused to be prepared by CONTRACTOR under
this Contract. SAFE shall not be limited in any way in its use of the Intellectual Property at
any time, provided that any such use not within the purposes intended by this Contract shall
be at SAFE's sole risk.
3.21.2 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 Contract shall be held confidential by
CONTRACTOR to the extent permitted by law, including, without limitation, the California
Public Records Act, Government Code section 6250 et seq. Such materials shall not, without
the prior written consent of SAFE, be used by CONTRACTOR for any purposes other than
the performance of the Services as provided herein. Nor shall such materials be disclosed to
any person or entity not connected with the performance of the Services, except as provided
herein. Nothing furnished to CONTRACTOR which is otherwise known to CONTRACTOR or
is generally known, or becomes known, to the related industry shall be deemed confidential.
CONTRACTOR shall not use SAFE's name or insignia, photographs, or any publicity
pertaining to the Services in any magazine, trade paper, newspaper, television or radio
production, or other similar medium without the prior written consent of SAFE.
3.22 Indemnification. CONTRACTOR shall indemnify and hold SAFE,
COMMISSION, CHP, Caltrans and their directors, officials, officers, agents, contractors,
consultants, 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 acts, omissions, or willful misconduct of the CONTRACTOR, its officials, officers,
employees, agents, consultants, and contractors arising out of or in connection with the
performance of the Services or this Contract, including without limitation, the payment of all
consequential damages 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 SAFE,
COMMISSION, CHP, Caltrans or their directors, officials, officers, agents, contractors,
consultants, employees, and volunteers. CONTRACTOR shall pay and satisfy any judgment,
award, or decree that may be rendered against SAFE, COMMISSION, CHP, Caltrans or their
directors, officials, officers, agents, consultants, employees, and volunteers, in any such suit,
action, or other legal proceeding. CONTRACTOR shall reimburse SAFE, COMMISSION,
CHP, Caltrans and their directors, officials, officers, agents, consultants, employees, and
volunteers, for any and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. CONTRACTOR’s obligation to
indemnify shall not be restricted to insurance proceeds, if any, received by the
CONTRACTOR, SAFE, COMMISSION, CHP, Caltrans or their directors, officials, officers,
agents, consultants, employees, and volunteers.
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3.23 Insurance.
3.23.1 Time for Compliance. CONTRACTOR shall not commence work
under this Agreement until it has provided evidence satisfactory to SAFE that it has secured
all insurance required under this section, in a form and with insurance companies acceptable
to SAFE. In addition, CONTRACTOR shall not allow any subcontractor to commence work
on any subcontract until it has secured all insurance required under this section.
3.23.2 Minimum Requirements. CONTRACTOR shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance
of the Agreement by the CONTRACTOR, its agents, representatives, employees or
subcontractors. CONTRACTOR shall also require all of its subcontractors to procure and
maintain the same insurance for the duration of the Agreement. Such insurance shall meet at
least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad
as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001 or exact equivalent); (2)
Automobile Liability: Insurance Services Office Business Auto Coverage (form CA 0001, code
1 (any auto) or exact equivalent); and (3) Workers’ Compensation and Employer’s Liability:
Workers’ Compensation insurance as required by the State of California and Employer’s
Liability Insurance.
(B) Minimum Limits of Insurance. CONTRACTOR shall maintain limits
no less than:
(i) General Liability:
Per occurrence: $2,000,000
Project Specific Aggregate: $4,000,000
Products/Completed Operations: $1,000,000
Personal Injury Limit: $1,000,000
(ii) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage; and
(iii) 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.
3.23.3 On-Hook Insurance. CONTRACTOR shall maintain a policy of
On-Hook Towing Insurance to include the care, custody or control exposure present while
vehicles are being serviced roadside, on-hook, or in a storage yard for not less than one
hundred thousand dollars ($100,000).
3.23.4 Insurance Endorsements. The insurance policies shall contain the
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following provisions, or CONTRACTOR shall provide endorsements on forms approved by
SAFE to add the following provisions to the insurance policies:
(A) General Liability.
(i) Commercial General Liability Insurance must include coverage for
(1) bodily Injury and property damage; (2) personal Injury/advertising Injury; (3)
premises/operations liability; (4) products/completed operations liability; (5) aggregate limits
that apply per Project; (6) explosion, collapse and underground (UCX) exclusion deleted; (7)
contractual liability with respect to this Agreement; (8) broad form property damage; and (9)
independent consultants coverage.
(ii) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one
insured against another; or (3) contain any other exclusion contrary to this Agreement.
(iii) The policy shall give SAFE, COMMISSION, CHP, Caltrans and
their directors, officials, officers, employees, and agents insured status using ISO
endorsement forms 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same
coverage.
(iv) The additional insured coverage under the policy shall be “primary
and non-contributory” and will not seek contribution from SAFE, COMMISSION, CHP, or
Caltrans insurance or self-insurance and shall be at least as broad as CG 20 01 04 13, or
endorsements providing the exact same coverage.
(B) Automobile Liability. The automobile liability policy shall be
endorsed to state that: (1) SAFE, COMMISSION, CHP, Caltrans and their directors, officials,
officers, employees and agents shall be covered as additional insureds with respect to the
ownership, operation, maintenance, use, loading or unloading of any auto owned, leased,
hired or borrowed by the CONTRACTOR or for which the CONTRACTOR is responsible; and
(2) the insurance coverage shall be primary insurance as respects SAFE, COMMISSION,
CHP, Caltrans and their directors, officials, officers, employees and agents, or if excess, shall
stand in an unbroken chain of coverage excess of the CONTRACTOR’s scheduled underlying
coverage. Any insurance or self-insurance maintained by SAFE, COMMISSION, CHP,
Caltrans or their directors, officials, officers, employees and agents shall be excess of the
CONTRACTOR’s insurance and shall not be called upon to contribute with it in any way.
(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.
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(ii) The insurer shall agree to waive all rights of subrogation against
SAFE, 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.
(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
SAFE, 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 and non-contributory basis for the benefit of SAFE, COMMISSION, CHP,
and Caltrans (if agreed to in a written contract or agreement) before SAFE, COMMISSION,
CHP or Caltrans 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 SAFE 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 SAFE 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
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coverage to be maintained by CONTRACTOR, and any approval of said insurance by SAFE,
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.
(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, SAFE has the right but not the duty to obtain the insurance it
deems necessary and any premium paid by SAFE will be promptly reimbursed by
CONTRACTOR or SAFE will withhold amounts sufficient to pay premium from
CONTRACTOR payments. In the alternative, SAFE may cancel this Agreement. SAFE may
require the CONTRACTOR to provide complete copies of all insurance policies in effect for
the duration of the Project.
(viii) Neither SAFE, COMMISSION, CHP, Caltrans nor any of their
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:
3.23.5 Deductibles and Self-Insurance Retentions. Any deductibles or
self-insured retentions must be declared to and approved by SAFE. If SAFE does not
approve the deductibles or self-insured retentions as presented, CONTRACTOR shall
guarantee that, at the option of SAFE, either: (1) the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects SAFE, its directors, officials, officers,
employees and agents; or, (2) the CONTRACTOR shall procure a bond guaranteeing
payment of losses and related investigation costs, claims and administrative and defense
expenses.
3.23.6 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 SAFE.
3.23.7 Verification of Coverage. CONTRACTOR shall furnish SAFE with
original certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to SAFE. 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 SAFE before
work commences. SAFE reserves the right to require complete, certified copies of all
required insurance policies, at any time.
3.23.8 Subcontractor Insurance Requirements. CONTRACTOR shall not
allow any subcontractors to commence work on any subcontract until they have provided
evidence satisfactory to SAFE that they have secured all insurance required under this
section. Policies of commercial general liability insurance provided by such subcontractors or
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subcontractors shall be endorsed to name SAFE, COMMISSION, CHP and Caltrans as
additional insureds using ISO form CG 20 38 04 13 or an endorsement providing the exact
same coverage. If requested by CONTRACTOR, SAFE may approve different scopes or
minimum limits of insurance for particular subcontractors or subcontractors.
3.23.9 Review of Coverage. SAFE retains the right at any time to review
the coverage, form and amount of insurance required herein and may require CONTRACTOR
to obtain additional insurance reasonably sufficient in coverage, form, amount to provide
adequate protection against the kind and extent of risk which exists at the time of change in
insurance required.
3.23.10 Safety. CONTRACTOR shall execute and maintain its work so
as to avoid injury or damage to any person or property. In carrying out its Services, the
CONTRACTOR shall at all times be in compliance with all applicable local, state and federal
laws, rules and regulations, and shall exercise all necessary precautions for the safety of
employees appropriate to the nature of the work and the conditions under which the work is to
be performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and life saving equipment and procedures; (B) instructions in accident
prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall
protection ladders, bridges, gang planks, confined space procedures, trenching and shoring,
equipment and other safety devices, equipment, and wearing apparel as are necessary or
lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper
inspection and maintenance of all safety measures.
3.24 Prohibited Interests.
3.24.1 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 Contract. 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, percentage, brokerage fee, gift, or
other consideration contingent upon or resulting from the award or making of this Contract.
For breach or violation of this warranty, SAFE shall have the right to rescind this Contract
without liability.
3.24.2 Conflict of Interest. For the term of this Contract, no member,
officer or employee of SAFE, during the term of his or her service with SAFE, shall have any
direct interest in this Contract, or obtain any present or anticipated material benefit arising
therefrom.
3.24.3 Conflict of Employment. Employment by the CONTRACTOR of
personnel currently on the payroll of SAFE shall not be permitted in the performance of this
Contract, 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 SAFE payroll within one year prior to the
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date of execution of this Contract, where this employment is caused by, and or dependent
upon, the CONTRACTOR securing this or related Contracts with SAFE, is prohibited.
3.25 Equal Opportunity Employment. CONTRACTOR represents that it is an
equal opportunity employer and it shall not discriminate against any subcontractor, employee,
or applicant for employment because of race, religion, color, national origin, ancestry, sex,
age, disability (including HIV and AIDS), mental disability, medical condition (cancer), marital
status, denial of family and medical care leave, or denial of pregnancy disability leave. Such
non-discrimination shall include, but not be limited to, all activities related to initial
employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or
termination. Employment and Housing Act (Gov. Code Section 12900 et seq.) and the
applicable regulations promulgated thereunder (Cal. Admin. Code, Tit. 2, Section 7285.0 et
seq.): The applicable regulations of the Fair Employment and Housing Commission
implementing Government Code, Sec 12900, set forth in Chapter 5 of Division 4 of Title 2 of
the California Administrative Code, Sec 12900, set forth in Chapter 5 of Division 4 of Title 2 of
the California Administrative Code are incorporated into this Contract by reference and made
a part hereof as if set forth in full. CONTRACTOR shall include the provisions of this Section
in all of CONTRACTOR’s subcontracts with respect to work under this Agreement, unless
exempted by the Regulations. CONTRACTOR shall also comply with all relevant provisions
of SAFE's Minority Business Enterprise program, Affirmative Action Plan, or other related
SAFE programs or guidelines currently in effect or hereinafter enacted.
3.26 Right to Employ Other CONTRACTORs. SAFE reserves the right to
employ other CONTRACTORs in connection with the Services.
3.27 Governing Law. The validity of this Contract and of any of its terms or
provisions, as well as the rights and duties of the parties hereunder, shall be governed by and
construed with the laws of the State of California.
3.28 Venue. The Parties acknowledge and agree that this Contract was
entered into and intended to be performed in Riverside County, California. The Parties agree
that the venue for any action or claim brought by any Party will be the Central District of
Riverside 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 agree to use their best efforts to obtain a change of
venue to the Central District of Riverside County.
3.29 Time of Essence. Time is of the essence for each and every provision of
this Contract.
3.30 Headings. Article and section headings, paragraph captions, or marginal
headings contained in this Contract are for convenience only and shall have no effect in the
construction or interpretation of any provision herein.
3.31 Notices. All notices hereunder and communications regarding
interpretation of the terms of this Contract or changes thereto shall be given to the respective
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Parties at the following addresses, or at such other addresses as the respective Parties may
provide in writing for this purpose:
CONTRACTOR:
Pepe’s Towing Service
2000 W. Key Street
Colton, CA 92324
Attn: Lorenzo Navarro
SAFE:
Riverside County Service Authority
for Freeway Emergencies
FSP Program
P.O. Box 12008
Riverside, CA
92502-2208
Attn: Brian Cunanan
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.
3.32 Electronic Delivery of Agreement. 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 the
Agreement for all purposes.
3.33 Amendment or Modification. No supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing and signed by both
Parties.
3.34 Entire Contract. This Agreement contains the entire Agreement of the
Parties relating to the subject matter hereof and supersedes all prior negotiations, contracts or
understandings.
3.35 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.
3.36 No Waiver. Failure of CONTRACTOR 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.
3.37 Eight-Hour Law. Pursuant to the provisions of the California Labor Code,
eight hours of labor shall constitute a legal day's work, and the time of service of any worker
employed on the work shall be limited and restricted to eight hours during any one calendar
day, and forty hours in any one calendar week, except when payment for overtime is made at
not less than one and one-half the basic rate for all hours worked in excess of eight hours per
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day ("Eight-Hour Law"), unless CONTRACTOR or the Services are not subject to the Eight-
Hour Law. CONTRACTOR shall forfeit to SAFE as a penalty, $50.00 for each worker
employed in the execution of this Agreement by him, or by any sub-consultant under him, for
each calendar day during which such workman is required or permitted to work more than
eight hours in any calendar day and forty hours in any one calendar week without such
compensation for overtime violation of the provisions of the California Labor Code, unless
CONTRACTOR or the Services are not subject to the Eight-Hour Law.
3.38 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 SAFE.
CONTRACTOR shall not respond to any such subpoena or court order until notice to the
SAFE is provided as required herein and shall cooperate with the SAFE in responding to the
subpoena or court order.
3.39 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.
3.40 Counterparts. This Agreement may be signed in one or more counterparts,
any one of which shall be effective as an original document.
3.41 Incorporation of Recitals. The recitals set forth above are true and correct
and are incorporated into this Agreement as though fully set forth herein.
3.42 Conflicting Provisions. In the event that provisions of any attached exhibits
conflict in any way with the provisions set forth in this Agreement, the language, terms and
conditions contained in this Agreement shall control the actions and obligations of the Parties
and the interpretation of the Parties’ understanding concerning the performance of the
Services. In the event the standards set forth in this Agreement conflict with the standards set
forth in any exhibit hereto, the higher standard shall govern.
3.43 Attorneys' Fees and Costs. If any legal action is instituted to enforce or
declare any Party's rights hereunder, each Party, including the prevailing Party, must bear its
own costs and attorneys' fees. This paragraph shall not apply to those costs and attorneys'
fees directly arising from any third party legal action against a Party hereto and payable under
Section 3.21, Indemnification.
3.44 Consent. Whenever consent or approval of any Party is required under
this Contract, that Party shall not unreasonably withhold nor delay such consent or approval.
3.45 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.46 Mobilization Costs Payment. Intentionally Omitted
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[Signatures on following page]
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SIGNATURE PAGE
TO AGREEMENT 21-45-049-00
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first
herein written above.
RIVERSIDE COUNTY
TRANSPORTATION COMMISSION PEPE’S TOWING SERVICE
ACTING AS THE
RIVERSIDE COUNTY SERVICE
AUTHORITY FOR FREEWAY
EMERGENCIES
By: ____________________________ By: _____________________________
Anne Mayer, Executive Director
_____________________________
Name
_____________________________
Title
APPROVED AS TO FORM: Attest:
By: ____________________________ By: ____________________________
Best Best & Krieger LLP,
Counsel to the Riverside County Its: Secretary
Service Authority for
Freeway Emergencies
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EXHIBIT “A”
Scope of Services
202
1.0 GENERAL INFORMATION
1.1 Background & Introduction
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 Freeway
Service Patrol (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 jurisdictions. In addition to funding received from
Caltrans, agencies are required to contribute a 25 percent local match. For the
Commission, SAFE revenues are used to meet this match requirement.
The Commission, acting in its capacity as the 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. Contracts to provide
FSP tow service are competitively bid as needed for each beat.
1.2 Project Description
The purpose of the FSP program is to provide a continuous roving patrol for the rapid
removal of disabled vehicles and those involved in minor accidents from the freeway.
Where traffic conditions permit, safe removal of small debris will be required. Vehicle
operators shall be responsible for clearing the freeway of automobiles, small trucks,
and small debris. When and where conditions warrant, service may be executed on
the freeway shoulders. Where conditions do not warrant, vehicle operators will remove
the vehicles from the freeway to provide service. FSP vehicles shall continuously
patrol their assigned beat, respond to CHP calls for Services, use the designated
turnaround locations, and use the CHP identified designated drop locations.
FSP vehicle operators may be required to perform minor services such as change flat
tires, provide "jump" starts, provide one gallon of gasoline or diesel fuel, temporarily
tape cooling system hoses, and refill radiators in a safe and efficient manner. Vehicle
operators may spend a maximum of ten (10) minutes per disablement in attempting to
mobilize a vehicle. If a disabled vehicle cannot be mobilized within the ten-minute (10)
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time limit, it shall be towed to a designated drop location identified by the CHP. The
motorist can request the FSP vehicle operator to call the CHP Communications Center
to request a CHP rotational tow or other services. FSP vehicle operators shall not be
allowed to tow as an independent contractor from an incident that occurred during the
FSP shift unless called as a rotation tow by CHP after the FSP shift has ended. If
called as a rotation tow after a FSP shift, the vehicle operator must remove all FSP
markings such as vests, uniforms, and magnetic vehicle signage.
There may be some instances where FSP operators may be requested to provide
assistance to CHP officers. FSP operators shall follow the instructions of the CHP
officer at the scene of any incident within the scope of the FSP program.
All FSP services shall be provided at no cost to the motorist. FSP vehicle operators
shall not accept gratuities, perform secondary towing services, recommend secondary
tows, or recommend repair/body shop businesses.
Freeway Service Patrol hours of operation are 5:30 a.m. to 8:30 a.m. and 2:30 p.m. to
6:30 p.m., Monday through Thursday; and 5:30 a.m. to 8:30 a.m. and 12:30 p.m. to
6:30 p.m. on Friday. Contractor vehicles shall be exclusively dedicated to the service
during FSP service hours. All vehicle maintenance activities shall be conducted during
non-service hours.
The FSP operates on selected freeway segments referred to as “Beats”. Each Beat
has specific turnaround locations and designated drop locations identified by the
California Highway Patrol (CHP). The Scope of Services (Section 2.0) hereunder
identifies the specific limits, number of tow trucks, number of back-up trucks, hours of
operation, and tentative holidays on which the cost of each beat shall be based. RCTC
reserves the right to add or delete holidays to the work schedule. Travel time to and
from the Beat will be at the expense of the Contractor.
To be awarded a contract, a Contractor must have a tow facility within close
proximity to the service area, have been in business as a tow service operator
for a minimum of five (5) years, and have a minimum of one (1) full year
experience working under contract/agreement and in good standing within the
last three (3) years with any type of law enforcement agency.
A Contractor with no prior FSP experience shall be considered NEW and may only be
awarded one FSP beat. A Contractor that has been terminated for cause from any
FSP contract within the state shall not be eligible to participate in the Riverside County
FSP program. A NEW Contractor, who remains in good standing, as determined by
FSP management, may be considered for additional beat awards in future
procurements. An existing Contractor that is not in good standing as determined by
information received by the FSP management staff at the time of their proposal may, at
the discretion of FSP management, be limited to the number of beats the Contractor is
awarded, including not being awarded any beats.
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FSP Management Staff reserves the right to limit the number of beats awarded to
one Contractor.
At any time during the contract's term, RCTC reserves the right to adjust Beat
specifications and Beat hours to better accommodate demand for the service, or the
availability of funding. These changes can occur during the course of the contract
through written change orders. If warranted during the service hours of operation, the
Contractor may be requested to temporarily reassign his/her FSP operators/trucks to
locations outside its assigned Beat. Tow Operators may be permitted to do this only
upon CHP and/or RCTC approval. FSP vehicle operators shall follow the instructions
of the CHP officer at the scene of any incident within the scope of the FSP program.
The contract start date for Beats 4, 7 and 8 shall be January 4, 2022. The first
day of FSP service is Tuesday, January 4, 2022. These are 5-year contracts that
expire on January 3, 2027.
If awarded a contract, the Contractor shall have one hundred seventy-three (173)
calendar days for Beat 4, 7 and 8, after the notice of award (notice of award tentatively
expected on or around July 15, 2021), in which to acquire the required equipment and
hire and train vehicle operators. The Contractor shall have the appropriate number of
primary and back-up trucks ready for equipment installation and CHP inspection no
later than December 15, 2021. Any company that cannot meet the above-mentioned
requirements shall not be awarded the contract(s).
2.0 Beat Description/Summary
FSP operates on selected freeway segments referred to as “beats”. Each beat has
specific turnaround locations and designated drop locations identified by the CHP.
The specific limits, number of tow trucks, number of back-up trucks and hours of
operation, including the holiday schedule, are detailed below. SAFE reserves the right
to add or delete holidays to the work schedule, provided that SAFE provides
CONTRACTOR seven (7) days advanced notice of such addition or deletion. Travel
time to and from the beat will be at the expense of the CONTRACTOR.
At any time, SAFE reserves the right to adjust beat specifications to better
accommodate demand for the Services, or availability of funding. These changes can
occur during the course of this Contract through written change orders. If warranted
and during the hours of operation of the Services, the CONTRACTOR may be
requested to temporarily reassign his/her FSP operators/trucks to locations outside the
assigned beat.
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5-yr Contracts: January 4, 2022 to January 3, 2027 _ a
FSP
Beat
#
Beat Description
One-Way
Length in
Miles
# Primary
FSP Trucks
in both AM
and PM
#
Backup
FSP
Trucks
4 SR91 from Magnolia Ave to
60/91/215 Interchange 11.0 2 1
7 SR60 from Milliken St to Main St 11.7 2 1
8
SR60 from Central Ave to I215 at
Alessandro Blvd to SR60 at
Theodore St
12.3 2 1
2.1 Hours of Operation:
Monday through Thursday: 5:30 a.m. to 8:30 a.m., and from 2:30 p.m. to 6:30
p.m.
Friday: 5:30 a.m. to 8:30 a.m., and from 12:30 p.m. to 6:30 p.m.
Each Beat requires at least one backup truck available at all times. RCTC
reserves the right to change Beat hours and operational requirements
during the course of the contract.
a. Total estimated service hours per vehicle/per year: 1,950
b. In addition to the above service hours, at the discretion of RCTC and
CHP, additional service may be requested on certain “high traffic days”
on/or following certain holidays (e.g., July 4th, Labor Day, and Memorial
Day). Contractor will be notified at least one week prior to when this
service is to be provided.
During FSP shifts that require a 30-minute meal period break to be provided pursuant
to Labor Code section 512, the Contractor shall either make arrangements for another
certified FSP driver to provide the contracted FSP coverage during those breaks or not
be compensated for each 30-minute meal period break during which FSP service is not
provided. In no case shall the Contractor be entitled to compensation from RCTC for
time during which its FSP driver is taking a 30-minute meal period break, unless the
Contractor has provided another driver to cover this 30-minute meal period break.
2.2 Holiday Schedule
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Proposer shall submit its cost proposal for provision of the required FSP tow
services five days each week, Monday through Friday, of each year during the
contract term, except for the following ten (10) holidays:
1. Martin Luther King, Jr. Day (Monday)
2. Presidents’ Day (Monday)
3. Memorial Day (Monday)
4. Independence Day (July 4 - varies)
5. Labor Day (Monday)
6. Veterans Day (varies)
7. Thanksgiving Day (Thursday)
8. Day after Thanksgiving (Friday)
9. Christmas Day (December 25 - varies)
10. New Year’s Day (January 1 – varies)
3.0 FSP Management and Representatives
RCTC has entered into a Memorandum of Understanding with the California
Department of Transportation (Caltrans) and CHP, in order to provide peak hour
freeway service patrols on selected freeway segments for traffic mitigation, as well as
air quality improvement within Riverside County. RCTC, Caltrans, and CHP will jointly
oversee the service. RCTC serves as the contract administrator and funding partner;
Caltrans provides oversight; and CHP is responsible for the daily operations and field
supervision of the program.
Authority for FSP derives from (a) Section 21718 (A) of the California Vehicle Code,
which allows FSP trucks supervised by the CHP to stop on freeways for the purpose of
rapid removal of impediments to traffic, and (b) Article 3, Section 91, of the Streets and
Highways Code, which states that Caltrans is responsible for traffic management and
removing impediments from the highways, as well as improving and maintaining the
state highways.
3.1 Standard Operating Procedures
The guidelines and policies of the FSP program, which promote a safe work
environment and maintain a level of professionalism, are contained in the Standard
Operating Procedures (SOP) manual developed by the CHP. The SOP and any
updates to it are incorporated into the contract with RCTC, therefore, the Contractor
and their vehicle operators are responsible to operate and adhere to the most recent
version of the SOP at all times.
Contractor shall be held responsible for maintaining an updated SOP (latest version
issued with the RFP), which is incorporated herein by reference. SOP revisions and
updates shall be unilaterally issued by RCTC or CHP, as deemed necessary by CHP
or the FSP Technical Advisory Committee, and all changes, revisions and updates to
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the SOP, if any, shall supersede all previous or existing SOPs. A copy of the SOP is
included as part of the original RFP package and additional hard or soft copies can be
provided to all interested parties upon request.
Vehicle operators or trucks found not to be in compliance with FSP procedures
defined in the SOP may be penalized, suspended, and/or terminated from the
FSP program and the company may also be assessed liquidated damages
amounts for said violations as described herein. Liquidated damages are
inclusive of other remedies at law and/or those described under the terms of the
contract.
Refer to Proposal Pricing Form for further details on violations and penalties.
4.0 Vehicles
4.1 Tow Truck Requirements
Primary and back-up FSP tow trucks shall be exclusively dedicated to the FSP
program during FSP service hours of operation. They are not required to be exclusive
during non-FSP hours. All vehicle maintenance activities shall be conducted during
non-Service hours. When conducting the Services on a FSP shift, the
CONTRACTOR’s vehicle shall display all FSP markings and the vehicle operator shall
wear a FSP uniform.
The FSP will utilize, at a minimum, Class A tow trucks with a minimum gross vehicle
weight rating of 14,000 pounds, dual wheel chassis, and a four (4) ton recovery
equipment rating. All trucks proposed for use in the FSP Program must be less than
one (1) year old with a maximum of 50,000 miles on the chassis and working parts of
the truck at the onset of the contract, free of any mechanical defects or physical
damage and have a clear (non-salvage) title. Extenuating circumstances dictating
departure from this specification should be at the consensus of the local FSP partners.
The CHP, in conjunction with Caltrans or the regional transportation agency, should
verify the original purchase dates to ensure compliance. Lastly the truck shall have
seating capabilities for five (5) adults.
All FSP tow trucks must be Department of Transportation (DOT) compliant, as well as
California Air Resources Board (CARB) compliant. This includes an engine that has
been certified by CARB, as required by law in the State of California. Any tow truck
that is utilized for the FSP Program must comply with emission standards set forth by
DOT and CARB, as well as all local, state, and federal laws associated with that truck
and as outlined in the RFP.
Each tow truck shall be equipped in accordance with the CHP’s Freeway Service
Patrol Manual and Standard Operating Procedures Manual and, at a minimum, shall
include the following:
a. Equipment & Supplies (Required)
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1. Wheel lift towing equipment, with a minimum lift rating of 3,000 pounds. All
tow equipment shall include proper safety straps.
2. Boom with a minimum static rating of 8,000 pounds.
3. Winch Cable - 8,000 pound rating on the first layer of cable.
4. Wire rope – 100ft., 3/8 inch diameter, 6 x19 or OEM specifications.
5. Two (2) Tow chains 3/8" alloy or OEM specs., J/T hook assembly.
6. Rubber faced push bumper.
7. Mounted spotlight capable of directing a beam both front and rear.
8. Amber warning lights with front and rear directional flashing capability, with
on/off switch in cab.
9. Public address system.
10. Power outlets ("hot boxes"), front and rear mounted, with outlets compatible
to 12-volt booster cables.
11. Heavy duty, 60+ amp battery.
12. Radios with the ability to communicate with the Contractor's base office
(Verizon).
13. Programmable scanners capable of scanning between the 39 and 48 MHz
used by the CHP. Scanners need to be capable of scanning CHP Police
frequencies, and must be mounted for safety concerns.
14. Suitable cab lighting.
15. Trailer hitch capable of handling a 1 7/8-inch ball and 2 inch ball.
16. One (1) 1 7/8-inch ball and one (1) 2 inch ball.
17. Rear work lights. (4)
18. Safety chain D-ring or eyelet mounted on rear of truck.
19. Motorcycle straps. (2)
20. Diesel fuel in plastic jerry cans. (5 gallons)
21. Unleaded gasoline in plastic jerry cans. (5 gallons)
22. Safety chains min. 5ft. min. 5/16” Alloy or OEM Spec. (2)
23. First aid kit (small 5" x 9"). (1)
24. Fire extinguisher aggregate rating of at least 4 B-C units. (1)
25. Pry bar - 36" or longer. (1)
26. Radiator water in plastic container. (5 gallons)
27. 4" x 4" x 48" wooden cross beam. (1)
28. 4" x 4" x 60" wooden cross beam. (1)
29. 24" wide street broom. (1)
30. Square point shovel. (1)
31. Highway flares 360 minutes min.
32. Cones 18" height, reflectorized with tape.
33. Hydraulic Floor Jack: 2-ton AND
34. 2-ton jack stand
35. Wheel chock
36. Four-way lug wrench (1 std.). (1)
37. Four-way lug wrench (1 metric). (1)
38. Rechargeable compressor or refillable air bottle, hoses and fittings
to fit tire valve stems, 100 psi capacity. (1)
39. Flashlight and spare batteries. (1)
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40. Tail lights/brake lights, portable remote with extension cord. (1 set)
41. Booster cables, 25 ft. long minimum, 3-gauge copper wire
with heavy-duty clamps and one end adapted to truck's
power outlets. (1 set)
42. Funnel, multi-purpose, flexible spout. (1)
43. Pop-Up dolly (with tow straps), portable for removing otherwise untowable
vehicles. (1)
44. 5-gallon can with lid filled with clean absorb-all. (1)
45. Empty trash can with lid (5 gallon). (1)
46. Lock out set. (1)
47. Safety glasses.
b. Equipment & Supplies (Recommended)
48. Towing slings rated at 3,000 pounds minimum. RECOMMENDED
49. Sling crossbar spacer blocks. RECOMMENDED (2)
c. Tools (Required)
Each FSP truck will be required to have a toolbox with the following minimum number
of tools/supplies. A tool kit for small equipment items is required. The list may be
supplemented at the Contractor's option and expense.
50. Screwdrivers--
i. Standard-1/8", 3/16", 1/4", 5/16" (1 each, min).
ii. Phillips head - #1 and #2 (1 each, min).
51. Needle nose pliers (1)
52. Adjustable rib joint pliers, 2" min. capacity (1)
53. Crescent wrench - 8" (1)
54. Crescent wrench - 12" (1)
55. 4 lb. hammer (1)
56. Rubber mallet (1)
57. Electrical tape, roll (1)
58. Duct tape, 20-yard roll (1)
59. Tire pressure gauge (1)
60. Mechanic's wire (roll) (1)
61. Bolt cutters (1)
4.2 Tow Truck Appearance
FSP vehicles bearing the FSP title, logo, and vehicle identification number shall be
painted white (includes the hood, fenders, doors, boom, and bed area – the entire truck
is to be painted white). No trim is allowed. Lettering shall be in a blocked bold style
parallel to the ground and shall be no less than 2 inches by 2 inches and no greater
than 4 inches in height. Lettering can only be black in color (no other colors will be
permitted). Letters shall be placed on the lower body of the truck toward the cab.
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Contractor’s name on the boom is prohibited. The overall look of the truck must be
approved by CHP prior to service implementation; therefore, any questions regarding
this policy may be discussed with CHP prior to implementing, as truck compliance with
current state FSP standards is required. No other accessory equipment, signage, or
advertisements (mud flaps, stickers, employment advertisement, and so forth) shall be
mounted or installed without prior CHP approval. This includes, but is not limited to:
bras or window tint.
It shall be the vehicle operator’s responsibility to place detachable FSP markings on
each vehicle during FSP service hours and to remove the detachable markings
immediately upon completion of each shift. RCTC will supply each Contractor with the
appropriate number of detachable markings for each Beat(s). If a marking is lost or
damaged, the Contractor shall be responsible for the cost of the replacement markings.
All FSP markings shall be returned at the termination of the contract. The cost of any
RCTC and/or Caltrans/CHP supplied item and/or equipment not returned shall be
deducted from the Contractor's final payment.
FSP markings, as well as vehicle numbers, shall be required on both sides of all trucks.
The detachable markings (magnetic FSP signage) provided by RCTC, must be placed
on the center of the driver and passenger doors of the vehicle. The vehicle operator
shall be required to keep the title and logos clean, straight, and in readable condition
throughout the FSP shift. The operator is also required to keep the magnetic signage
flat (do not bend in any way), clean, and out of direct sunlight while being stored during
non-FSP operational hours.
4.3 Vehicle Inspections
Prior to commencement of service, the CHP will inspect each vehicle designated for
the FSP to ensure that it meets the vehicle specifications and to ensure that it meets or
exceeds safety requirements. These inspections will occur prior to the start of service.
Succeeding inspections will occur periodically as determined by the CHP.
Documentation of the vehicle identification number and successful completion of the
inspection will be kept on file at the CHP office and Contractor's base office.
Any unsafe, poorly maintained, or improperly equipped vehicle(s) shall be removed
from service, and if discovered to be in such a condition during the shift said vehicle(s)
shall be removed from service or repaired as directed by the CHP, and the Contractor
shall be fined three (3) times the hourly contract rate in one (1) minute
increments for the remainder of that shift, plus the loss of revenue for the down
time. Spare vehicles, also known as “back-ups”, will be required to complete the shifts
of vehicles removed from service. The Contractor will be required to have a spare FSP
vehicle available for service for the duration of each and every FSP shift.
The vehicle operator shall be required to complete a pre-operation shift inspection log
of the vehicle as well as inventory the required equipment prior to the start of each and
every shift. The vehicle operator shall be required to complete a driver log, which is
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used to track the mileage. A shift inspection/inventory log shall be completed by the
vehicle operator prior to the start of each shift and be available for inspection. Any item
missing must be replaced prior to the start of the shift. All equipment stored on top of
the truck shall be secured to the truck.
4.4 Spare/Back-Up Vehicles
The Contractor shall be required to have one FSP Certified Back-Up tow truck
available per Beat during FSP service hours that is in full compliance with the
agreement, unless otherwise authorized by RCTC and CHP in writing. During FSP
service hours, the spare vehicle shall be kept at the Contractor’s yard or staged
adjacent to the assigned beat. The FSP Certified Back-Up tow truck should be used
when a Certified Primary FSP tow truck is unavailable. The FSP Certified Back-Up tow
truck shall meet the same requirements for equipment, set-up, and color as the
Certified Primary FSP tow truck. It shall meet all the vehicle equipment specifications.
Refer to Attachment H for further details on violations and penalties.
4.5 Vehicle Breakdown and Other Missed Service
The spare vehicle must be in service on the Beat within 45 minutes of the time a
permanently dedicated vehicle is taken out of service for any reason. The Contractor
shall not be paid for the time period that the contractually required trucks are not in
service. If a vehicle is not made available within the required 45-minute time
period, the Contractor shall be fined three (3) times the hourly contract rate in
one (1) minute increments for every minute that exceeds the 45 minute
replacement period until a certified FSP compliant spare/back-up vehicle is
provided. If a truck is not ready due to breakdown at the start of a shift, the fine
time will be calculated from the start of the shift until a replacement is placed
into service. If the entire shift is missed, Contractor shall be fined for the entire
shift at three (3) times the hourly rate times the total minutes for the affected
shift.
Vehicle maintenance shall be performed during non-FSP service hours.
In addition, not having a certified FSP “spare or back-up” vehicle operator
available is not an allowable excuse for not having a spare (back-up) vehicle on
the beat within the 45-minute time period. If the Contractor does not have a
dedicated or spare truck on the Beat because a certified FSP vehicle operator is
not available, the Contractor shall be fined three (3) times the hourly contract
rate in one (1) minute increments until a certified FSP replacement vehicle
operator is provided. If the entire shift is missed because a vehicle operator was
not available, the Contractor shall be fined for the entire shift at three (3) times
the hourly rate times the total minutes for the affected shift.
5.0 Communications Equipment and Computers
5.1 Communications Equipment
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Each FSP vehicle shall be equipped with various communication devices that will
enable the vehicle operator to communicate with the CHP Communications Center. All
vehicles shall be equipped with an Automatic Vehicle Location (AVL) system, radios,
and Data Collection Devices (DCD). The AVL system, radio, and DCD equipment shall
be purchased, owned, and supplied by RCTC. RCTC shall select the equipment
installation vendor.
The Contractor shall be responsible for maintaining the security of the vehicle
communication equipment provided by RCTC. The Contractor shall be liable for any
damage to the RCTC-owned communication equipment. The Contractor shall also be
liable for the full replacement value of the communication equipment installed in the
trucks while in the care, custody, and control of the equipment. RCTC will deduct
repair fees as well as the full replacement cost of any RCTC equipment due to
improper use or negligence by the Contractor, from any payment due to the Contractor.
RCTC-supplied vehicle communications equipment shall be returned in full working
condition upon contract termination. The cost of any equipment not returned within a
reasonable time period shall be deducted from the Contractor's final payment.
Programmable scanners capable of scanning between the 39 and 48 MHz used by
CHP shall be supplied by the Contractor and shall be installed (mounted) in all
vehicles.
The Contractor is also required to use Verizon wireless cell phones with push-to-talk-
plus capability, or equivalent, for communications with the CHP Communications
Center and the CHP Field Supervisor. Wireless cell phones shall be purchased and
maintained by the Contractor. The Contractor will also be responsible for all operating
costs as well. In addition, tow operators are not permitted to take pictures, video, or
capture any other images while performing FSP duties during FSP operational hours.
These actions will not be tolerated, and a vehicle operator may be terminated if it is
discovered they are doing so.
In addition, any input of data into the DCD shall not be allowed while the vehicle is
being operated/driven. Use of other devices while driving/operating a vehicle such as
cell phones is prohibited by California State Law.
The FSP vehicles shall be equipped with a public address system. The public address
system shall have the capability for the driver of the disabled vehicle to hear
instructions transmitted from the cab of the FSP vehicle when the FSP vehicle is
directly to the rear of the disabled vehicle.
5.2 Computer Equipment
The Contractor must have and maintain a desktop computer workstation with high-
speed internet access and email to communicate with RCTC staff.
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The Contractor must ensure that the DCD equipment is inspected and cleaned on a
quarterly basis, or more frequently if needed. All DCD equipment should have the
exterior protective case cleaned (protective outside case) and screen protector shall be
inspected for functionality and serviceability. Worn items shall be immediately reported
to RCTC.
All DCD equipment must be kept in a secure location. During non-FSP operational
hours, DCD equipment shall not be left in a tow vehicle or go home with a vehicle
operator or anyone else. All DCD equipment must be in a designated charging area
at the tow operator’s facility during non-FSP operational hours. The DCD equipment
shall always have enough charge to complete each shift. In order to reduce instances
of technology glitches, the DCD equipment shall be turned off/turned on at least once
per week. DCD equipment is to be with the vehicle operator in their FSP truck during
FSP operational hours. Any other location shall not be permitted.
The Contractor shall immediately report any issues with the workstation or the DCD
equipment to the RCTC FSP Program Manager or one of the FSP CHP Officers.
Contractor is directly responsible to ensure their computer workstation is operating and
has internet access at all times – this is a contract requirement.
The Contractor shall provide access to the DCD equipment for RCTC staff, or their
designated designee, at any time during the course of the Contract. In addition, the
Contractor shall also make the workstation available to RCTC, or its designee, 30
calendar days prior to the start of the new service.
The Contractor shall provide an annual inspection report to RCTC indicating the status
of all equipment. RCTC will provide the submittal form. Tow operators should
consider the accurate completion and timely return of this form as part of their contract
requirements.
5.3 Equipment Tampering
Tampering with FSP communication/tracking equipment so that it does not function
properly to RCTC’s specifications, and/or is disconnected or moved (without FSP
Management authorization) from its original installed location is strictly prohibited.
This includes but is not limited to: breaking evidence tape/connection sealer on
equipment connections, cutting wires or cables, moving mounted equipment (speakers,
microphones, antennas, etc.), rerouting any wiring, disconnecting any connectors,
Contractor/subcontractor unintentionally altering equipment or connections to
equipment during vehicle maintenance or repair, or interfering with the operations of
the equipment.
If tampering is suspected, FSP Management may conduct an inspection of the
equipment on the Beat or the vehicle may be sent to a designated location determined
by FSP Management.
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1. If tampering is found while the vehicle is used during FSP operational hours,
the vehicle operator and vehicle will be immediately taken out of service and
the Contractor shall be fined in one (1) minute increments at three (3) times
their hourly rate, until such time that the back-up truck is deployed. Please
note that if tampering is discovered, the penalties (three times the hourly rate
in one minute increments) shall begin immediately upon the discovery of the
tampering. The normal 45-minute back-up truck time allowance will not be
considered “non-penalty” time under these circumstances. The penalties shall
begin immediately upon the tampering being discovered.
2. If the vehicle is suspected to have equipment that has been tampered with, it
may be sent to a designated location determined by FSP Management and
CHP for an inspection. If tampering is found, the Contractor will be
retroactively fined three (3) times the hourly rate in one (1) minute increments
from the time the tampering was first suspected. The penalties will continue
until a certified FSP back-up truck is deployed. The normal 45-minute back-up
truck time allowance will not be considered “non-penalty” under these
circumstances.
Tampering Repairs
If tampering is discovered during FSP operational hours, the vehicle will be taken out of
service and will remain out of service until the repair and the documentation can be
completed by the FSP Program designated technician. FSP Management determines
the designated technician. The transportation, labor, and repair costs will be the
responsibility of the Contractor. Costs incurred to repair and document the equipment
will be deducted from the Contractor monthly invoice.
Tampering Penalties
The Contractor will also be assessed a $250 fine (whether the tampering is discovered
while on the Beat, or if it was suspected and later confirmed) per incidence on their
monthly invoice. If it is determined that the vehicle operator tampered with the
equipment, the vehicle operator will be suspended for a minimum of 30 days for the
initial tampering offense and subject to termination from the FSP Program for any
subsequent tampering violations.
6.0 Contractor Responsibilities
6.1 Appearance at Hearings
If and when required by SAFE, Contractor shall render assistance at public hearings or
other meetings related to the performance of the Services.
6.2 Damage Complaints
Upon receiving a damage complaint from a motorist assisted by the Contractor, that
the Contractor damaged their vehicle while lending assistance, the Contractor shall
notify CHP immediately regarding the nature of the damage complaint and its
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disposition. The Contractor shall reply to the motorist by telephone within twenty-four
(24) hours of receiving the damage complaint notification from CHP. If necessary, the
Contractor shall send either his or her authorized representative or his or her insurance
company representative to inspect the vehicle and complete an incident report within
forty-eight (48) hours after receiving the damage complaint. If the investigation shows
that damage to the vehicle could have been caused by the Contractor, the Contractor
shall negotiate in good faith to try and resolve the issue and shall report to CHP the
result of the negotiations. All complaints shall be resolved within a reasonable time-
period after being received.
6.3 Complaint Review Committee
The FSP Technical Advisory Committee (“FSP TAC”) is composed of voting members
from CHP, SAFE, and Caltrans. Voting members of the FSP TAC are hereby
designated as the members of the Damage Complaint Review Committee (“DCRC”). If
the DCRC finds that justifiable complaints are not resolved within a reasonable
timeframe, it can recommend that payment to the Contractor in the amount of the
damage claim may be deducted from the Contractor monthly invoice.
6.4 Trend Meetings
Contractor shall attend, or send a designated management-level representative, to all
trend meetings (i.e., required FSP TAC meeting which meets every other month).
These trend meetings will encompass focused and informal discussions concerning,
but not limited to: scope, Services, schedule, current progress of Services, relevant
cost issues, and future objectives. Contractor shall be responsible for having a
representative attend all meetings (i.e., FSP TAC meetings) that has the ability to make
management-level decisions on the behalf of the Contractor. If the Contractor cannot
have a management-level representative at a meeting, Contractor shall notify SAFE
and CHP prior to the meeting. Management-level attendance at these meetings shall
be considered part of the Contractor’s contractual responsibility. Meetings are
scheduled, and Contractor will be notified of such schedule, no later than three (3)
working days prior to the meeting.
7.0 Vehicle Operators
7.1 Operator Qualifications and Performance
All potential vehicle operators shall be required to have a safe driving record and, at a
minimum, a valid Class C driver's license. All vehicle operators shall be 18 years of
age or older at the time of background check. Potential vehicle operators shall be
subject to driving record and criminal background checks through the California
Highway Patrol. Potential vehicle operators shall be sufficiently experienced in the
tasks of tow truck operations and proficient with all required Freeway Service Patrol
equipment to provide safe and proper service. Any certified vehicle operator from
other FSP areas will be evaluated on a case-by-case basis. All potential vehicle
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operators must be capable of demonstrating their tow operating abilities prior to formal
CHP training, also known as proficiency testing.
Additionally, the vehicle operators will be required to exercise good, sound judgment in
carrying out their duties. Vehicle operators shall be required to inform the CHP
Communications Center any time they leave the assigned Beat. This includes breaks
and replenishing expendable items, such as: gasoline, fire extinguisher, etc. The
vehicle operator shall be required to immediately notify the CHP Communications
Center upon a tow truck breakdown.
FSP vehicle operators will be responsible for accurately entering the required data into
DCD equipment every shift. Each FSP vehicle operator shall complete an inspection
worksheet prior to the commencement of driving the tow truck and a mileage log prior
to beginning service on the Beat. The FSP vehicle operator shall be required to
complete an assist record for each incident. Each assist record should be accurate.
Contractors or Operators providing false or misleading information to FSP
Management shall be subject to disciplinary action and will be handled on a case-by-
case basis.
FSP vehicle operators shall always complete the required procedures per the SOP
when handling required forms. No duplicate survey numbers should be entered into
the DCD equipment at any time. Vehicle operators are required to complete in their
entirety the Release of Liability form and Damage Release form when applicable.
These completed forms should be handed in to RCTC at a minimum every 60 days. If
it is discovered that a vehicle operator has entered duplicate survey numbers, not
properly completed the release forms, or not turned the release forms in timely, the
Contractor may be subject to penalties as outlined in Proposal Pricing Form.
CHP, Caltrans, and RCTC maintain strict drug and alcohol policies. Contractors shall
have an alcohol and drug program that includes at a minimum, a drug and alcohol free
workplace policy and an employee alcohol/drug-testing program. Any FSP vehicle
operator found working under the influence of drugs or alcohol shall be immediately
removed from the FSP program by the Contractor. The Contractor shall be
responsible for providing a certified replacement vehicle operator for that vehicle.
The Contractor shall be an active participant in the DMV Pull Notice Program.
If a vehicle operator is convicted of a crime involving a stolen vehicle, stolen property,
violence, drugs, or moral turpitude, fraud related to the towing business, or
misdemeanor or felony driving while under the influence of alcohol or a drug, the
Contractor shall permanently remove that vehicle operator from duties under the FSP
program. If a vehicle operator is charged with any of the above crimes, the Contractor
shall immediately suspend that vehicle operator from duties under this program
pending the outcome of the criminal case. If the vehicle operator is not convicted, or is
ultimately convicted of a lesser crime not described above, RCTC retains the right to
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have the Contractor remove that vehicle operator from the duties under the FSP
program.
7.2 Operator Training
At the Contractor’s expense, all company owners, FSP vehicle operators, and back-up
vehicle operators shall be required to present a certificate of completion of a SHRP
2/TIMS training course and to complete the CHP two-day training program which costs
approximately $50.00 per vehicle operator (fee is for the DL64 Tow Truck Driver
Certificate and fingerprinting). Contractors shall pay all FSP operators and back-up
vehicle operators for attending the training. No vehicle operator will be allowed to
begin patrolling without meeting the requirements set forth in the SOP. Any vehicle
operator who is found on patrol not meeting the requirements may be prohibited from
further FSP service and the Contractor’s contract may be terminated immediately.
Mandatory CHP refresher training classes shall be attended. A minimum of four (4)
hours refresher training per year shall be required (at Contractor’s expense).
Contractors shall pay all FSP vehicle operators and back-up vehicle operators
for attending the required training.
Vehicle operators will be required to utilize DCD equipment to input information about
mileage, inspection, and each assist, which will include: location, vehicle make, model,
license number, type of assistance provided, etc. Vehicle operators will be trained on
using DCD equipment to enter data.
7.3 Operator Driving Record and Criminal History Check
As required by California Vehicle Code Section 2340, all applicants and owners are
required to have a driver’s license and criminal history check. Only after a completed
CHP 234F is received and accepted by CHP, a driver’s license and preliminary criminal
history check will be performed. The driver’s license check will consist of confirming
that the applicant has a valid driver’s license and the applicant’s point count is within
standards set forth in this SOP (refer to Chapter 11, Annex A).
The preliminary criminal history check will consist of a preliminary background check to
determine if the applicant meets the criteria for a California Tow Truck Driver Certificate
as outlined in California Public Resources Code Section 5164, California Vehicle Code
Section 13377 and the FSP Contract. In addition, RCTC or the CHP may, in its sole
discretion, require an Employer to replace any vehicle operator or reject a potential
vehicle operator who it determines is not suitable to represent the FSP Program with
the public. If the applicant passes the preliminary criminal history check, the applicant
shall submit to fingerprinting.
Driver’s license and preliminary criminal history checks will be completed by CHP
within ten (10) working days of the acceptance of a CHP 234F.
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7.4 Vehicle Operator Uniform
It shall be the responsibility of the Contractor to provide the vehicle operator with
specified uniforms, black protective toe boots, nameplate, gloves and other equipment.
The equipment includes navy blue coveralls or navy blue shirts and pants. If coveralls
are worn, they shall have a collar with a zip front. Optionally, drivers may wear a
standard navy blue (long-sleeve only) uniform shirt, with a fluorescent orange (must be
only 2.5” wide) trim, with a ½” silver reflective tape down the middle. This allowed
reflective tape must be on both sleeves. All uniforms shall be clean, properly
maintained, and replaced whenever excessively worn.
Sleeves and pant legs shall be moderately tapered to avoid excessive fullness.
A safety vest with reflective stripes shall be worn and supplied by RCTC. RCTC will
supply vests with the FSP logo patches already sewn on per CHP’s required patch
placement locations. A FSP logo patch is not required to be sewn on the navy blue
FSP vehicle operator uniform.
A detachable brass or gold nameplate shall be worn with the first initial of the first
name and full last name. Letters shall not exceed ½” tall. The nameplate shall be
worn above the right chest pocket on the safety vest. The Contractor is responsible for
obtaining FSP CHP approval of the driver nameplates, and the Contractor is
responsible for the purchase and replacement of the FSP vehicle operator nameplate.
All FSP vehicle operators shall wear general duty black work boots with protective
(steel or composite) toe.
During cold weather, a navy blue sweater or sweatshirt may be worn under the uniform
shirt/coveralls. As an option, a navy blue jacket may also be worn, if it meets all the
uniform specifications and is worn under the safety vest. Rain gear, if worn, shall be
waterproofed material and navy blue or yellow in color. Hats, if worn, shall be
baseball-type caps and navy blue in color. An "FSP" logo patch may be sewn on the
hat above the brim. No other logos/names shall be accepted. A beanie may also be
worn which must be navy blue in color and worn only with a jacket or long sleeve shirt
under the vest.
Contractor should refer to the most current SOP to ensure they are following the
most recent requirements. SOP revisions and updates shall be unilaterally issued by
RCTC, as deemed necessary by RCTC management, and all changes, revisions and
updates to the SOP, if any, shall supersede all previous or existing SOPs. A copy of
the SOP is included as part of the original RFP package.
7.5 Local Office
The Contractor shall provide a local office for contract administration purposes.
This office shall be staffed by either the Contractor or a person who has the authority to
conduct business and make decisions on behalf of the Contractor. The office shall
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have business hours coinciding with Contractor's Beat(s) hours of operation. Through
the Proposal document shown in the Contractor Representative Form, the Contractor
shall designate representatives who will be available at the office during hours of
operation to make decisions on behalf of the Contractor. The office shall be established
within close proximity to the Contractor's Beat(s) and the County of Riverside. Also
note in the Scope of Services, Section 4.4, a backup vehicle and a certified FSP
vehicle operator must be available within a 45-minute request of the Beat area.
This requirement may also determine if the local office is close enough to satisfy the
requirements under this section.
The Contractor shall also provide telephone and email through which he/she, or a
responsible representative who has the authority to conduct business and make
decisions on behalf of the Contractor, can be contacted during the non-service hours of
operation for the length of the contract. During non-business hours, an answering
machine provided at the Contractor's expense, shall be available to log calls, take
complaints, etc. An email address that is monitored daily shall be provided for
notification purposes during operational and non-service hours. The Contractor will be
responsible for having a company representative monitor and review messages/notices
on a daily basis.
7.6 Remedies and Liquidated Damages
RCTC has a need to deal contractually with a range of failures by Contractors to meet
contractual standards and requirements short of suspension or termination. Failure to
meet contractual standards and requirements constitute a default under the contract
and is subject to the various remedies provided in the contract, up to and including
termination of the contract.
It is clear that any default that is related to service or contractor’s readiness for service
will either degrade service or lead to the degradation of service. The failure to meet
contractual standards and requirements, therefore, causes damages to the FSP
program and its participants (RCTC, CHP and Caltrans) and to the public being served
by the FSP program. Because of the public service nature of the mission of the FSP,
described generally in the Standard Operating Procedures (SOP), to keep traffic and
commerce flowing on the regional freeways, the damages arising from contractor’s
failure to meet the contractual standards and requirements are impractical or extremely
difficult to ascertain on an individual basis.
The contract has therefore established a series of remedies to attempt to deal with a
range of defaults. The most egregious default will result in suspension or termination.
Lesser defaults will result in the assessment of liquidated damages. These lesser
remedies have been described in the SOP as fines, violations or penalties. This is not
a correct characterization of the intent of the remedies. The remedies arise because
the contractor is in default and the FSP and the public it serves is damaged by that
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default. The remedies are to compensate FSP for its damages and to encourage
compliance with performance requirements of the contract.
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EXHIBIT “B”
Compensation Summary
FIRM PROJECT TASKS/ROLE COST
Prime Consultant:
Pepe’s Towing Service, Inc. FSP Services for Beat No. 4 $1,666,787.00
TOTAL COSTS $1,666,787.00
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Agreement No. 21-45-050-00
RIVERSIDE COUNTY TRANSPORTATION COMMISSION, ACTING AS THE RIVERSIDE
COUNTY SERVICE AUTHORITY FOR FREEWAY EMERGENCIES,
FOR
FREEWAY SERVICE PATROL FOR BEAT # 7 WITHIN RIVERSIDE COUNTY
WITH PEPE’S TOWING SERVICE
1.PARTIES AND DATE.
1.1 This Agreement is made and entered into as of _____day of _________,
2021, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION
(“COMMISSION”) acting as the RIVERSIDE COUNTY SERVICE AUTHORITY FOR
FREEWAY EMERGENCIES (“SAFE”) and PEPE’S TOWING SERVICE, a California
Corporation (referred to herein as “CONTRACTOR”). SAFE and CONTRACTOR are
sometimes individually referred to herein as “Party” and collectively as “Parties”.
1.2 The California Highway Patrol herein referred to as “CHP” and California
Department of Transportation, herein referred to as “Caltrans” are hereby expressly
designated as third-party beneficiaries of CONTRACTOR’s performance under this
Agreement.
2.RECITALS.
2.1 WHEREAS, COMMISSION is a California County Transportation
Commission existing under the authority of Section 130050 et seq. of the
California Public Utilities Code;
2.2 WHEREAS, COMMISSION is authorized, pursuant to Section 2550 et
seq. of the California Streets and Highways Code, to act as SAFE for
purposes of providing a motorist aid system, including provision of
freeway service patrols;
2.3 WHEREAS, SAFE requires the services of a CONTRACTOR to provide
the freeway service patrol professional services as described in the
Scope of Services;
2.4 WHEREAS, SAFE has determined that CONTRACTOR is best qualified
to perform the required services;
2.5 WHEREAS, the CONTRACTOR is able and willing to perform the
required services under the terms and conditions of this Contract;
2.6 WHEREAS, COMMISSION is the short range transportation planning
agency for Riverside County, and programs federal, state, and local
funds. COMMISSION has entered into a Memorandum of Understanding
ATTACHMENT 2
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with Caltrans and CHP to fund peak period freeway service patrols on
selected freeway segments in Riverside County; and
2.7 WHEREAS, Section 21718 (a) of the California Vehicle Code specifically
authorized CHP to be responsible for freeway service patrols stopping on
freeways for the purpose of rapid removal of impediments to traffic.
Article 3, Section 91, of the Streets and Highways Code, states that
Caltrans has responsibility to improve and maintain the state highways.
Caltrans also has the responsibility for traffic management and removing
impediments from the highways.
NOW, THEREFORE, for the consideration hereinafter stated, SAFE and CONTRACTOR
agree as follows:
3. TERMS.
3.1 General Scope of Services. The purpose of the Freeway Service Patrol
(“FSP”) program is to provide for the rapid removal of disabled vehicles and vehicles involved
in minor accidents from the freeway. Contractor promises and agrees to furnish to SAFE all
labor materials, tools, equipment, services, and incidental and customary work necessary to
fully and adequately provide the FSP 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, and the SOP manual (as defined below).
3.1.1. Contract Oversight. Caltrans and CHP will jointly oversee the
Services. Both agencies will have responsibility for overseeing Service performance and
ensuring that the CONTRACTOR abides by the terms of this Contract. CHP is responsible for
dispatch services to incident locations within the CONTRACTOR’s patrol limits. The
dispatching will be done in accordance with this Contract. A Standard Operating Procedures
(“SOP”) manual will be given to the CONTRACTOR explaining the types of incidents to which
his/her operators may be dispatched.
3.1.2 Beat Descriptions. The FSP will operate on selected freeway
segments referred to herein as “beats”. Each beat has specific turnaround locations and
designated drop locations identified by the CHP. Exhibit “A” shows the specific limits, number
of tow trucks, number of back-up trucks and hours of operation, and holidays for the
CONTRACTOR’s specific beat. SAFE reserves the right to add or delete holidays to the work
schedule, provided that SAFE provides CONTRACTOR seven (7) days advanced notice of
such addition or deletion. Travel time to and from the beat will be at the expense of the
CONTRACTOR.
3.1.3 Change Orders. At any time during the term of this Contract,
SAFE reserves the right to adjust beat specifications to better accommodate demand for the
Services, or availability of funding, at no cost to SAFE. Adjustments may include reduction in
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the hours of Services. SAFE may direct such adjustments during the course of this Contract
through written change orders, signed by SAFE, setting forth any changes to Exhibit “A”.
Changes may include a change of the specified beat(s) to other beats that SAFE determines
better serve the needs of SAFE, as well as changes to schedules and hours for the beats set
forth in Exhibit “A”. If warranted, as determined in SAFE’s sole discretion, and during the
hours of operation of the Services, the CONTRACTOR may be requested to temporarily
reassign his/her FSP operators/trucks to locations outside the assigned beat. Such
reassignments shall be at no cost to SAFE.
3.1.4. The SOP Manual. To promote a safe work environment and for
the maintenance of professionalism, the most current version of the SOP manual shall, at all
times, be followed by the CONTRACTOR and its vehicle operators. The SOP manual, as
such manual may from time to time be amended, is incorporated into this Contract by
reference. CONTRACTOR shall be notified and provided with a copy of any changes to the
SOP manual. Drivers found not to be in compliance with FSP procedures, as set forth in the
SOP manual or this Contract, may be suspended or terminated from the FSP program and
the CONTRACTOR may be fined three (3) times the hourly Contract rate in one (1) minute
increments until a replacement vehicle is provided (Driver and Truck must return to beat
compliant with all FSP requirements), or fined for the entire shift at three (3) times the hourly
rate at the discretion of the FSP Field Supervisors.
3.2 Equipment Requirements. CONTRACTOR shall comply with all
equipment requirements outlined in the attached Exhibit “A”.
3.3 Commencement of Services. The CONTRACTOR shall commence work
upon receipt of a written Notice to Proceed from SAFE.
3.4 Term. The term of this Contract shall be for a period of five (5) years,
from January 4, 2022 to January 3, 2027 unless earlier terminated as provided herein.
SAFE shall also have the right to renew this Contract from one month up to a one (1) year
term after the initial term by providing notice as provided below. SAFE must provide written
notice to CONTRACTOR no less than ninety (90) days prior to the end of the applicable term,
indicating its renewal of the Contract. CONTRACTOR shall complete the Services within the
term of this Contract, and shall meet any other established schedules and deadlines. All
applicable indemnification provisions of this Contract shall remain in effect following the
termination of this Contract. The rates shall be as follows:
SCHEDULE OF HOURLY RATES
Classification Year 1 Year 2 Year 3 Year 4 Year 5
Regular Rate $ 81.75 per
hour
$ 83.75 per
hour
$ 85.56 per
hour
$ 87.23 per
hour
$ 89.10 per
hour
CFSP/Extra Rate $ 89.93 per
hour
$ 92.12 per
hour
$ 94.12 per
hour
$ 95.95 per
hour
$ 98.01 per
hour
3.5 SAFE's Representative. SAFE hereby designates the SAFE Executive
Director or his or her designee, to act as its Representative for the performance of this
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Contract ("SAFE’s Representative"). SAFE’s Representative shall have the authority to act on
behalf of SAFE for all purposes under this Contract. SAFE's Representative shall also review
and give approval, as needed, to the details of CONTRACTOR's work as it progresses.
CONTRACTOR shall not accept direction or orders from any person other than the SAFE’s
Representative or his or her designee.
3.6 CONTRACTOR’S Representative. CONTRACTOR hereby designates
Lorenzo Navarro, Vice President, to act as its representative for the performance of this
Contract ("CONTRACTOR’s Representative"). CONTRACTOR’s Representative shall have
full authority to act on behalf of CONTRACTOR for all purposes under this Contract. The
CONTRACTOR’s Representative shall supervise and direct the Services, using his best skill
and attention, and shall be responsible for all means, methods, techniques, sequences and
procedures and for the satisfactory coordination of all portions of the Services under this
Contract. CONTRACTOR shall work closely and cooperate fully with SAFE's Representative
and any other agencies which may have jurisdiction over or an interest in the Services.
CONTRACTOR's Representative shall be available to the SAFE staff at all reasonable times.
Any substitution in CONTRACTOR's Representative shall be approved in writing by SAFE's
Representative.
3.7 Substitution of Key Personnel. CONTRACTOR has represented to SAFE
that certain key personnel will perform and coordinate the Services under this Contract.
Should one or more of such personnel become unavailable, CONTRACTOR may substitute
other personnel of at least equal competence upon written approval by SAFE’s
Representative. In the event that SAFE’s Representative and CONTRACTOR cannot agree
as to the substitution of the key personnel, SAFE shall be entitled to terminate this Contract
for cause, pursuant to the provisions of Section 3.15. The key personnel for performance of
this Contract are: Manuel Acosta, Owner/CEO; Lorenzo Navarro, General Manager; Pete
Ortiz, Administrative Manager; Fernando Soria, Operations Manager; Laura Acosta,
Office Administrator.
3.7.1 Availability of FSP Manager. Except in the case of unpreventable
circumstances, the FSP Manager must be available at the CONTRACTOR’s office for at least
50% of each Work Day to address time sensitive issues related to this Contract or the
Services, including, but not limited to, FSP administrative responsibilities; SAFE, CHP, and
Caltrans requests; driver matters; and truck maintenance issues. CONTRACTOR shall,
within 24 hours, notify SAFE of each circumstance causing the FSP Manager not to be
available as required herein. As used in this section, the term “Work Day” shall mean and
refer to any day that FSP service is provided, during those hours of operation for Construction
FSP as identified on the attached Exhibit “A-1”.
3.8 Review of Work and Deliverables. All reports, working papers, and
similar work products prepared for submission in the course of providing Services under this
Contract may be required to be submitted to SAFE's Representative in draft form, and SAFE’s
Representative may require revisions of such drafts prior to formal submission and approval.
In the event that SAFE's Representative, in his or her sole discretion, determines the formally
submitted work product to be inadequate, SAFE's Representative may require
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CONTRACTOR to revise and resubmit the work at no cost to SAFE. Upon determination by
SAFE that CONTRACTOR has satisfactorily completed the Services required under this
Contract and within the term set forth in Section 3.4, SAFE shall give CONTRACTOR a
written Notice of Final Completion. Upon receipt of such notice, CONTRACTOR shall incur
no further costs hereunder, unless otherwise specified in the Notice of Completion.
CONTRACTOR may request issuance of a Notice of Final Completion when, in its opinion, it
has satisfactorily completed all Services required under the provisions of this Contract.
3.9 Appearance at Hearings. If and when required by SAFE, CONTRACTOR
shall render assistance at public hearings or other meetings related to the performance of the
Services.
3.10 Standard of Care: Licenses. CONTRACTOR represents and maintains
that it is skilled in the professional calling necessary to perform all Services, duties and
obligations required by this Contract. CONTRACTOR shall perform the Services and duties
in conformance to and consistent with the standards generally recognized as being employed
by professionals in the same discipline in the State of California. CONTRACTOR warrants
that all employees and subcontractors shall have sufficient skill and experience to perform the
Services assigned to them. CONTRACTOR further represents and warrants to SAFE that its
employees and subcontractors have all licenses, permits, qualifications (including medical
certification) and approvals of whatever nature that are legally required to perform the
Services, and that such licenses and approvals shall be maintained throughout the term of
this Contract. CONTRACTOR shall perform, at its own cost and expense and without
reimbursement from SAFE, 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 SAFE for all damages and other liabilities provided for
in the indemnification provisions of this Contract arising from the CONTRACTOR’s errors and
omissions. Any employee of CONTRACTOR or its subcontractors who is determined by
SAFE to be uncooperative, incompetent, a threat to the adequate or timely completion of the
Services, a threat to the safety of persons or property, or any employee who fails or refuses to
perform the Services in a manner acceptable to SAFE, shall be promptly removed from
performing the Services by the CONTRACTOR and shall not be re-employed to perform any
of the Services.
3.11 Opportunity to Cure. SAFE may provide CONTRACTOR an opportunity
to cure, at CONTRACTOR's expense, all errors and omissions which may be disclosed during
performance of the Services. Should CONTRACTOR fail to make such correction in a timely
manner, such correction may be made by SAFE, and the cost thereof charged to
CONTRACTOR.
3.12 Inspection of Work. CONTRACTOR shall allow SAFE's Representative
to inspect or review CONTRACTOR's performance of Services in progress at any time.
SAFE/Caltrans/CHP also reserves the right to audit all paperwork demonstrating that
CONTRACTOR participates in an employee alcohol/drug-testing program and the DMV Pull
Notice Program.
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3.13 Laws and Regulations. CONTRACTOR shall keep itself fully informed of
and in compliance with all local, state and federal laws, rules and regulations in any manner
affecting the performance of the Services, including all Cal/OSHA requirements, and shall
give all notices required by law. CONTRACTOR shall be solely 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 SAFE, CONTRACTOR shall be solely responsible for all costs arising therefrom.
CONTRACTOR shall defend, indemnify and hold SAFE, their officials, directors, officers,
employees and agents free and harmless, pursuant to the indemnification provisions of this
Contract, from any claim or liability arising out of any failure or alleged failure to comply with
such laws, rules or regulations.
3.14 Damage Complaints. Upon receiving a damage complaint from a motorist
assisted by the CONTRACTOR, that the CONTRACTOR damaged their vehicle while lending
assistance, the CONTRACTOR shall notify CHP immediately regarding the nature of the
damage complaint and its disposition. The CONTRACTOR shall reply to the motorist by
telephone within twenty-four (24) hours of receiving the damage complaint notification. If
necessary, the CONTRACTOR shall send either his or her authorized representative or his or
her insurance company representative to inspect the vehicle and complete an incident report
within forty-eight (48) hours after receiving the damage complaint. If the investigation shows
that damage to the vehicle could have been caused by the CONTRACTOR, the
CONTRACTOR shall negotiate in good faith to try and resolve the issue and shall report to
the CHP the result of the negotiations. All complaints shall be resolved within a reasonable
period of time after being received.
3.14.1 Complaint Review Committee. The FSP Technical Advisory
Committee (“FSP TAC”) is composed of voting members from CHP, SAFE and Caltrans.
Voting members of the FSP TAC are hereby designated as the members of the Damage
Complaint Review Committee (“DCRC”). If the DCRC finds that justifiable complaints are not
resolved within a reasonable time frame, it can recommend that payment to the
CONTRACTOR in the amount of the damage claim may be deducted from the
CONTRACTOR’s monthly invoice.
3.15 Termination.
3.15.1 Notice; Reason. SAFE may, by written notice to CONTRACTOR,
terminate this Contract, in whole or in part, including, without limitation, the geographical
territory covered by this Contract, at any time by giving written notice to CONTRACTOR of
such termination, and specifying the effective date thereof (“Notice of Termination”). Such
termination may be for SAFE’s convenience, due to lack of available funding for the Services,
or because of CONTRACTOR's failure to perform its duties and obligations under this
Contract, including, but not limited to, the failure of CONTRACTOR to timely perform Services
pursuant to the Scope of Services described in Section 3, entitled “Terms,” as well as Section
7 of the RFP. CONTRACTOR may not terminate this Contract except for cause.
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3.15.2 Discontinuance of Services. Upon receipt of the written Notice of
Termination, CONTRACTOR shall discontinue all affected Services as directed in the Notice
of Termination, and deliver to SAFE all Documents and Data, as defined in this Contract, as
may have been prepared or accumulated by CONTRACTOR in performance of the Services,
whether completed or in progress.
3.15.3 Effect of Termination For Convenience. If the termination is to be
for the convenience of SAFE, SAFE shall compensate CONTRACTOR for Services fully and
adequately provided through the effective date of termination as provided in the Notice of
Termination. Such payment shall include a pro-rated amount of profit, if applicable, up
through such effective date, but no amount shall be paid for anticipated profit on unperformed
Services past such effective date. CONTRACTOR shall provide documentation deemed
adequate by SAFE's Representative to show the Services actually completed by
CONTRACTOR prior to the effective date of termination. This Contract shall terminate on the
effective date of the Notice of Termination.
3.15.4 Effect of Termination for Cause. If the termination is for cause,
CONTRACTOR shall be compensated for those Services which have been fully and
adequately completed and accepted by SAFE as of the effective date of termination as
provided in the Notice of Termination. In such case, SAFE may take over the work and
prosecute the same to completion by contract or otherwise. Further, CONTRACTOR shall be
liable to SAFE for any reasonable additional costs or damages incurred to revise work for
which SAFE has compensated CONTRACTOR under this Contract, but which SAFE has
determined in its sole discretion needs to be revised, in part or whole. Termination of this
Contract for cause may be considered by SAFE in determining whether to enter into future
contracts with CONTRACTOR.
3.15.5 Cumulative Remedies. The rights and remedies of the Parties
provided in this Section are in addition to any other rights and remedies provided by law or
under this Contract.
3.15.6 Procurement of Similar Services. In the event this Contract is
terminated, in whole or in part, as provided by this Section, SAFE may procure, upon such
terms and in such manner as it deems appropriate, services similar to those terminated.
3.15.7 Waivers. CONTRACTOR, in executing this Contract, recognizes
that the Services may be terminated, in whole or in part, as provided in this Section.
CONTRACTOR shall not be entitled to any damages including, but not limited to, any
compensation for costs incurred to procure vehicles, meet the terms for providing the
Services, or for any other costs or expenses, and shall be deemed to have waived any and all
claims for damages, costs or expenses which may otherwise arise from SAFE's termination of
this Contract, for convenience or cause, as provided in this Section.
3.15.8 Authorization to Terminate. The Executive Director of SAFE shall
have the full authority and discretion to exercise SAFE’s rights under this Section 3.15,
entitled “Termination”.
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3.16 Trend Meetings. CONTRACTOR shall attend, or send a designated
management-level representative, to all trend meetings (i.e., required FSP TAC meeting
which meets every other month). These trend meetings will encompass focused and informal
discussions concerning, but not limited to: scope, Services, schedule, current progress of
Services, relevant cost issues, and future objectives. CONTRACTOR shall be responsible for
having a representative attend all meetings (i.e., FSP TAC meetings) that has the ability to
make management-level decisions on the behalf of the CONTRACTOR. If the
CONTRACTOR cannot have a management-level representative at a meeting,
CONTRACTOR shall notify SAFE and CHP prior to the meeting. Management-level
attendance at these meetings shall be considered part of the CONTRACTOR’s contractual
responsibility. Meetings are scheduled, and CONTRACTOR will be notified of such schedule,
no later than three (3) working days prior to the meeting.
3.17 Fees and Payment.
3.17.1 Amount to be Paid. Subject to the provisions set forth below for
Services satisfactorily performed hereunder, SAFE shall pay the CONTRACTOR on a fixed
unit rate basis a ceiling price NOT TO EXCEED One Million Six Hundred Sixty-Six
Thousand Seven Hundred Eighty-Seven Dollars ($1,666,787).
3.17.2 Maximum Payment is the Ceiling Price. SAFE shall not be
obligated to pay costs which exceed the ceiling price set forth above, except as provided in
Sections 3.15 and 3.17.10. CONTRACTOR agrees to use its best efforts to perform the
services and all obligations under this Contract within such ceiling price.
3.17.3 Hourly Rate; Break and Meal Periods. For its performance of the
Services, the CONTRACTOR shall be paid for labor expended directly in the performance of
the Services at the rates specified below. Payments shall be made monthly in arrears based
on Services provided and allowable incurred expenses. The CONTRACTOR shall not be
entitled to reimbursements for any expenses unless approved in advance in writing.
SCHEDULE OF HOURLY RATES
Classification Year 1 Year 2 Year 3 Year 4 Year 5
Regular Rate $ 81.75 per
hour
$ 83.75 per
hour
$ 85.56 per
hour
$ 87.23 per
hour
$ 89.10 per
hour
CFSP/Extra Rate $ 89.93 per
hour
$ 92.12 per
hour
$ 94.12 per
hour
$ 95.95 per
hour
$ 98.01 per
hour
Hourly rates may be adjusted as set forth in Chapter 9, Violations/Penalties, of the FSP
Standard Operating Procedures (SOP).
A) CONTRACTOR is responsible for compliance with all
California labor laws related to break periods and meal periods including, but not limited
to, compliance with Labor Code section 512. CONTRACTOR shall be solely responsible
for any additional pay to which its drivers may be entitled for CONTRACTOR’s failure to
comply with the California labor law requirements.
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B) During shifts that require drivers to be provided a 30-
minute meal period break pursuant to Labor Code section 512, CONTRACTOR shall
either make arrangements for another certified driver to provide Services during those
breaks or not be compensated for each 30-minute meal period break during which
Services are not provided. In no case shall CONTRACTOR be entitled to bill RCTC for
time during which a driver is taking a meal period break.
3.17.4 Payment Coverage. The compensation herein above specified will
cover and include all applicable labor surcharges such as taxes, insurance and fringe
benefits, as well as indirect costs, overhead, general and administrative expense, and profit.
3.17.5 Cost Principles.
A) CONTRACTOR agrees to comply with 2 CFR, Part 225,
Cost Principles for State and Local Government, and 2 CFR, Part 200, Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards.
B) CONTRACTOR agrees that 1) Contract Cost Principles and
Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq.,
shall be used to determine the allowability of individual cost items, and 2) CONTRACTOR
shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200,
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards.
C) Any costs for which CONTRACTOR has received payment
or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part
225, 48 CFR, Chapter 1, Part 31 or 2 CFR, Part 200, are subject to repayment by
CONTRACTOR to SAFE. Should CONTRACTOR fail to reimburse moneys due SAFE
within 30 days of demand, or within such other period as may be agreed in writing
between the Parties hereto, SAFE is authorized to intercept and withhold future payments
due CONTRACTOR from SAFE or any third-party source, including, but not limited to, the
State Treasurer, the State Controller, and the California Transportation Commission.
3.17.6 Fines. Fines for starting late; leaving early; taking more breaks
than authorized; or being ordered out of service by a CHP, SAFE Representative or
Caltrans supervisor for Contract infractions shall be deducted from the CONTRACTOR’s
monthly invoice at five (5) times the hourly rate, plus the loss of revenue for the down time.
Fines may be further described in the attached Exhibit “A” or Exhibit “B”.
3.17.7 Accounting System. CONTRACTOR and its subcontractors
shall establish and maintain an accounting system and records that properly accumulate
and segregate expenditures by line item for the Services. The accounting system of
CONTRACTOR and its subcontractors shall conform to Generally Accepted Accounting
Principles (GAAP), enable the determination of incurred costs at interim points of
completion, and provide support for reimbursement payment vouchers or invoices.
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3.17.8 Invoices. Invoices for CONTRACTOR’s Services shall be
submitted monthly on forms approved by SAFE. Invoices will be routinely verified by CHP.
To ensure prompt payment, most billing disputes may be resolved within ten (10) working
days of written notice of dispute. However, at SAFE’s discretion, reconciliation of disputed
fines that sum to less than 2% of the months’ Invoice may be corrected on the next month’s
Invoice to ensure prompt payment of the major portion of the invoice. Each Invoice shall
include a cover sheet bearing a certification as to the accuracy of the statement signed by the
CONTRACTOR’s authorized officer. Invoices shall be mailed to SAFE’s Contract
Administrator at the following address:
Riverside County Service Authority for Freeway Emergencies
FSP Program
P.O. Box 12008
Riverside, CA
92502-2208
Attn: Brian Cunanan
3.17.8.1 Payment Schedule. Invoice periods shall be based upon
a calendar month, beginning with the first day of the month. SAFE shall reimburse
CONTRACTOR for Services adequately provided under this Contract within thirty (30) days of
receiving the current period invoice with no errors. If the Invoice is completed incorrectly by
the CONTRACTOR it will delay payment. If SAFE fails to pay any amount owed to
CONTRACTOR under this Contract within thirty (30) days after receipt of the invoice,
CONTRACTOR may give SAFE a notice of failure to pay which shall set forth the invoice(s)
and amount(s) which CONTRACTOR believes are thirty (30) days overdue. SAFE shall pay
any undisputed invoice(s) and amount(s) within thirty (30) days of receipt of a notice of failure
to pay.
3.17.9 Right to Audit. For the purpose of determining compliance with this
Contract and other matters connected with the performance of CONTRACTOR’s contracts
with third parties, CONTRACTOR and its subcontractors 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 CONTRACTOR. SAFE, the State of California acting
through the Department of Transportation or its duly authorized representative, the California
State Auditor, 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 CONTRACTOR shall furnish copies thereof if requested.
3.17.10 Taxes. CONTRACTOR shall pay any sales, use, or other taxes,
if any, attributable to the provision of the Services.
3.17.11 Travel and Subsistence. Payments to CONTRACTOR for travel
and subsistence expenses claimed for reimbursement or applied as local match credit shall
not exceed rates authorized to be paid exempt non-represented State employees under
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current State Department of Personnel Administration (DPA) rules. If the rates invoiced are in
excess of those authorized DPA rates, then CONTRACTOR is responsible for the cost
difference and any overpayments shall be reimbursed to SAFE on demand.
3.17.12 Employment Adverse to the SAFE. CONTRACTOR shall notify
SAFE, and shall obtain SAFE’s written consent, prior to accepting work to assist with or
participate in a third-party lawsuit or other legal or administrative proceeding against SAFE
during the term of this Contract.
3.17.13 Extra Work. At any time during the term of this Contract, SAFE
may request CONTRACTOR to perform Extra Work. “Extra Work” shall mean any work which
is determined by SAFE to be necessary for proper completion of the Services, but which the
Parties did not reasonably anticipate would be necessary at the time of the execution of this
Contract and was not included in the Scope of Services. Extra Work, if any, shall be
reimbursed at the same hourly rate as identified in Section 3.17.3. CONTRACTOR shall not
perform, nor be compensated for Extra Work without obtaining authorization in the form of a
written Extra Work Order issued by SAFE’s Representative. For instance, Construction FSP
services as it relates to construction activity can be considered Extra Work. In the event an
Extra Work Order is not issued and signed by SAFE’s Representative, CONTRACTOR shall
not provide such Extra Work. However, no compensation or reimbursement for Extra Work
shall be paid if it is not authorized by SAFE and if the cumulative total of such Extra Work
under the Contract exceeds $25,000. All Extra Work in a cumulative total in excess of
$25,000 must be approved in advance by amendment to this Contract.
3.17.13.1 Extra Work Cancellation Policy. If a tow operator is
scheduled for Extra Work and they are notified of a cancellation with LESS than a 24 hour
notice – then the tow operator will be reimbursed for three (3) hours of the agreed upon
contract hourly rate. Note: The minimum of the three (3) hours should cover eight hours of
the drivers’ hourly wage. Starting with “Less than a 24 hour cancellation notice” up to the time
the tow operator is on the assigned Extra Work Beat, the “three contract hour cancellation
rate” remains the same. Once the tow operator is on the Extra Work Beat, the cancellation
policy changes.
If a tow operator begins the Extra Work (the truck is on the Beat) and is then notified that
Extra Work has been cancelled, the FSP operator will be paid for the entire shift period up to
a maximum of eight (8) hours. A shift period for this policy is defined as: the time period of
the actual Extra Work shift assigned or for a maximum of eight (8) contract hours, whichever
is less.
The supervising FSP CHP Officer for the Extra Work shift will make the final determination as
to whether or not the tow operator will continue to work the Extra Work shift. Regardless, the
tow operator will be reimbursed for the original shift period or a maximum or eight (8) hours,
whichever is less.
3.17.14 Most Favored Customer. CONTRACTOR agrees that,
throughout the term of this Contract, it shall not enter into any FSP services agreement with
any government agency with whom it has either existing contractual relationship or has no
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contractual relationship that predates this Contract, pursuant to which CONTRACTOR agrees
to charge FSP services fees less than those as indicated in this Contract for substantially the
same level of FSP services contemplated by this Contract. Should SAFE establish that such
lower fees have been agreed to by CONTRACTOR with another government agency,
CONTRACTOR agrees to renegotiate the fees or to refund SAFE an amount equal to the
difference between the fees indicated in this Contract and the fees charged to other
government agency customer.
3.18 Delay in Performance.
3.18.1 Excusable Delays. Neither Party shall be considered in default in
the performance of its obligations to the extent that the performance of any such obligation is
prevented or delayed by an Excusable Delay. Should CONTRACTOR be delayed or
prevented from the timely performance of any act or Services required by the terms of the
Contract by an Excusable Delay, Contractor’s schedule for completion of tasks affected by
such delay may be extended as set forth in Section 3.18.2. But in every case,
CONTRACTOR’s failure to perform must be reasonably beyond the control, and without the
fault or negligence of the CONTRACTOR. Excusable Delays are acts of God or of the public
enemy, acts or omissions of SAFE or other governmental agencies in either their sovereign or
contractual capacities, fires, floods, epidemics, quarantine restrictions, strikes, freight
embargoes or unusually severe weather.
3.18.2 Written Notice. If CONTRACTOR believes it is entitled to an
extension of time due to conditions set forth in subsection 3.18.1, CONTRACTOR shall
provide written notice to the SAFE within seven (7) working days from the time
CONTRACTOR knows, or reasonably should have known, that performance of the Services
will be delayed due to such conditions. Failure of CONTRACTOR to provide such timely
notice shall constitute a waiver by CONTRACTOR of any right to an excusable delay in time
of performance.
3.18.3 Mutual Contract. Performance of any Services under this Contract
may be delayed upon mutual agreement of the Parties. Upon such agreement,
CONTRACTOR's Schedule of Services (as defined in their Proposal) shall be extended as
necessary by SAFE. CONTRACTOR shall take all reasonable steps to minimize delay in
completion, and additional costs, resulting from any such extension.
3.19 Status of CONTRACTOR/Subcontractors.
3.19.1 Independent Contractor. The Services shall be performed by
CONTRACTOR or under its supervision. CONTRACTOR will determine the means, methods
and details of performing the Services subject to the requirements of this Contract. SAFE
retains CONTRACTOR on an independent contractor basis and not as an employee, agent or
representative of the SAFE. CONTRACTOR retains the right to perform similar or different
services for others during the term of this Contract. Any additional personnel performing the
Services under this Contract on behalf of CONTRACTOR shall at all times be under
CONTRACTOR's exclusive direction and control. CONTRACTOR shall pay all wages,
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salaries and other amounts due such personnel in connection with their performance of
Services and as required by law. CONTRACTOR shall be responsible for all reports and
obligations respecting such personnel, including but not limited to, social security taxes,
income tax withholdings, unemployment insurance, disability insurance, and workers'
compensation insurance.
3.19.2 Assignment or Transfer. CONTRACTOR shall not assign,
hypothecate, or transfer, either directly or by operation of law, this Contract or any interest
herein, without the prior written consent of SAFE. 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. Notwithstanding the foregoing, SAFE
may transfer or assign any and all of its rights and obligations under this Contract, including,
without limitation the rights to terminate this Contract, as assigned, pursuant to Section 3.15
hereof.
3.19.3 Subcontracting. CONTRACTOR shall not subcontract any portion
of the work or Services required by this Contract, except as expressly stated herein, including
the Scope of Services, without prior written approval of the SAFE. Subcontracts, if any, shall
contain a provision making them subject to all provisions stipulated in this Contract. SAFE
shall have no liability to any subconsultant(s) for payment for services under this Contract or
other work performed for CONTRACTOR, and any subcontract entered into by
CONTRACTOR pursuant to the conduct of services under this Contract shall duly note that
the responsibility for payment for the technical services or any other work performed shall be
the sole responsibility of CONTRACTOR.
3.20 CONTRACTOR will maintain an inventory of all non-expendable
equipment, defined as having a useful life of at least two years and an acquisition cost of
$500 or more, paid for with funds provided pursuant to this Contract.
3.21 Ownership of Materials and Confidentiality.
3.21.1 Documents & Data; Licensing of Intellectual Property. All plans,
specifications, studies, drawings, estimates, materials, data, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings, spreadsheets, or data magnetically or otherwise recorded on computer diskettes,
prepared by or on behalf of CONTRACTOR under this Contract (“Documents and Data”),
shall be made available to SAFE at all times during this Contract and shall become the
property of SAFE upon the completion of the term of this Contract, except that
CONTRACTOR shall have the right to retain copies of all such Documents and Data for its
records. Should CONTRACTOR, either during or following termination of this Contract, desire
to use any Documents and Data, it shall first obtain the written approval of SAFE. This
Contract creates a no-cost, nonexclusive, and perpetual license for SAFE to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in the Documents and Data which are prepared or caused to be prepared by
CONTRACTOR under this Contract (“Intellectual Property”). CONTRACTOR shall require all
subcontractors to agree in writing that SAFE is granted a no-cost, nonexclusive, and
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perpetual license for any Intellectual Property the subcontractor prepares under this Contract.
CONTRACTOR represents and warrants that CONTRACTOR has the legal right to license
any and all Intellectual Property prepared or caused to be prepared by CONTRACTOR under
this Contract. SAFE shall not be limited in any way in its use of the Intellectual Property at
any time, provided that any such use not within the purposes intended by this Contract shall
be at SAFE's sole risk.
3.21.2 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 Contract shall be held confidential by
CONTRACTOR to the extent permitted by law, including, without limitation, the California
Public Records Act, Government Code section 6250 et seq. Such materials shall not, without
the prior written consent of SAFE, be used by CONTRACTOR for any purposes other than
the performance of the Services as provided herein. Nor shall such materials be disclosed to
any person or entity not connected with the performance of the Services, except as provided
herein. Nothing furnished to CONTRACTOR which is otherwise known to CONTRACTOR or
is generally known, or becomes known, to the related industry shall be deemed confidential.
CONTRACTOR shall not use SAFE's name or insignia, photographs, or any publicity
pertaining to the Services in any magazine, trade paper, newspaper, television or radio
production, or other similar medium without the prior written consent of SAFE.
3.22 Indemnification. CONTRACTOR shall indemnify and hold SAFE,
COMMISSION, CHP, Caltrans and their directors, officials, officers, agents, contractors,
consultants, 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 acts, omissions, or willful misconduct of the CONTRACTOR, its officials, officers,
employees, agents, consultants, and contractors arising out of or in connection with the
performance of the Services or this Contract, including without limitation, the payment of all
consequential damages 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 SAFE,
COMMISSION, CHP, Caltrans or their directors, officials, officers, agents, contractors,
consultants, employees, and volunteers. CONTRACTOR shall pay and satisfy any judgment,
award, or decree that may be rendered against SAFE, COMMISSION, CHP, Caltrans or their
directors, officials, officers, agents, consultants, employees, and volunteers, in any such suit,
action, or other legal proceeding. CONTRACTOR shall reimburse SAFE, COMMISSION,
CHP, Caltrans and their directors, officials, officers, agents, consultants, employees, and
volunteers, for any and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. CONTRACTOR’s obligation to
indemnify shall not be restricted to insurance proceeds, if any, received by the
CONTRACTOR, SAFE, COMMISSION, CHP, Caltrans or their directors, officials, officers,
agents, consultants, employees, and volunteers.
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3.23 Insurance.
3.23.1 Time for Compliance. CONTRACTOR shall not commence work
under this Agreement until it has provided evidence satisfactory to SAFE that it has secured
all insurance required under this section, in a form and with insurance companies acceptable
to SAFE. In addition, CONTRACTOR shall not allow any subcontractor to commence work
on any subcontract until it has secured all insurance required under this section.
3.23.2 Minimum Requirements. CONTRACTOR shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance
of the Agreement by the CONTRACTOR, its agents, representatives, employees or
subcontractors. CONTRACTOR shall also require all of its subcontractors to procure and
maintain the same insurance for the duration of the Agreement. Such insurance shall meet at
least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad
as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001 or exact equivalent); (2)
Automobile Liability: Insurance Services Office Business Auto Coverage (form CA 0001, code
1 (any auto) or exact equivalent); and (3) Workers’ Compensation and Employer’s Liability:
Workers’ Compensation insurance as required by the State of California and Employer’s
Liability Insurance.
(B) Minimum Limits of Insurance. CONTRACTOR shall maintain limits
no less than:
(i) General Liability:
Per occurrence: $2,000,000
Project Specific Aggregate: $4,000,000
Products/Completed Operations: $1,000,000
Personal Injury Limit: $1,000,000
(ii) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage; and
(iii) 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.
3.23.3 On-Hook Insurance. CONTRACTOR shall maintain a policy of
On-Hook Towing Insurance to include the care, custody or control exposure present while
vehicles are being serviced roadside, on-hook, or in a storage yard for not less than one
hundred thousand dollars ($100,000).
3.23.4 Insurance Endorsements. The insurance policies shall contain the
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following provisions, or CONTRACTOR shall provide endorsements on forms approved by
SAFE to add the following provisions to the insurance policies:
(A) General Liability.
(i) Commercial General Liability Insurance must include coverage for
(1) bodily Injury and property damage; (2) personal Injury/advertising Injury; (3)
premises/operations liability; (4) products/completed operations liability; (5) aggregate limits
that apply per Project; (6) explosion, collapse and underground (UCX) exclusion deleted; (7)
contractual liability with respect to this Agreement; (8) broad form property damage; and (9)
independent consultants coverage.
(ii) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one
insured against another; or (3) contain any other exclusion contrary to this Agreement.
(iii) The policy shall give SAFE, COMMISSION, CHP, Caltrans and
their directors, officials, officers, employees, and agents insured status using ISO
endorsement forms 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same
coverage.
(iv) The additional insured coverage under the policy shall be “primary
and non-contributory” and will not seek contribution from SAFE, COMMISSION, CHP, or
Caltrans insurance or self-insurance and shall be at least as broad as CG 20 01 04 13, or
endorsements providing the exact same coverage.
(B) Automobile Liability. The automobile liability policy shall be
endorsed to state that: (1) SAFE, COMMISSION, CHP, Caltrans and their directors, officials,
officers, employees and agents shall be covered as additional insureds with respect to the
ownership, operation, maintenance, use, loading or unloading of any auto owned, leased,
hired or borrowed by the CONTRACTOR or for which the CONTRACTOR is responsible; and
(2) the insurance coverage shall be primary insurance as respects SAFE, COMMISSION,
CHP, Caltrans and their directors, officials, officers, employees and agents, or if excess, shall
stand in an unbroken chain of coverage excess of the CONTRACTOR’s scheduled underlying
coverage. Any insurance or self-insurance maintained by SAFE, COMMISSION, CHP,
Caltrans or their directors, officials, officers, employees and agents shall be excess of the
CONTRACTOR’s insurance and shall not be called upon to contribute with it in any way.
(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.
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(ii) The insurer shall agree to waive all rights of subrogation against
SAFE, 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.
(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
SAFE, 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 and non-contributory basis for the benefit of SAFE, COMMISSION, CHP,
and Caltrans (if agreed to in a written contract or agreement) before SAFE, COMMISSION,
CHP or Caltrans 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 SAFE 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 SAFE 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
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coverage to be maintained by CONTRACTOR, and any approval of said insurance by SAFE,
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.
(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, SAFE has the right but not the duty to obtain the insurance it
deems necessary and any premium paid by SAFE will be promptly reimbursed by
CONTRACTOR or SAFE will withhold amounts sufficient to pay premium from
CONTRACTOR payments. In the alternative, SAFE may cancel this Agreement. SAFE may
require the CONTRACTOR to provide complete copies of all insurance policies in effect for
the duration of the Project.
(viii) Neither SAFE, COMMISSION, CHP, Caltrans nor any of their
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:
3.23.5 Deductibles and Self-Insurance Retentions. Any deductibles or
self-insured retentions must be declared to and approved by SAFE. If SAFE does not
approve the deductibles or self-insured retentions as presented, CONTRACTOR shall
guarantee that, at the option of SAFE, either: (1) the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects SAFE, its directors, officials, officers,
employees and agents; or, (2) the CONTRACTOR shall procure a bond guaranteeing
payment of losses and related investigation costs, claims and administrative and defense
expenses.
3.23.6 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 SAFE.
3.23.7 Verification of Coverage. CONTRACTOR shall furnish SAFE with
original certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to SAFE. 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 SAFE before
work commences. SAFE reserves the right to require complete, certified copies of all
required insurance policies, at any time.
3.23.8 Subcontractor Insurance Requirements. CONTRACTOR shall not
allow any subcontractors to commence work on any subcontract until they have provided
evidence satisfactory to SAFE that they have secured all insurance required under this
section. Policies of commercial general liability insurance provided by such subcontractors or
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subcontractors shall be endorsed to name SAFE, COMMISSION, CHP and Caltrans as
additional insureds using ISO form CG 20 38 04 13 or an endorsement providing the exact
same coverage. If requested by CONTRACTOR, SAFE may approve different scopes or
minimum limits of insurance for particular subcontractors or subcontractors.
3.23.9 Review of Coverage. SAFE retains the right at any time to review
the coverage, form and amount of insurance required herein and may require CONTRACTOR
to obtain additional insurance reasonably sufficient in coverage, form, amount to provide
adequate protection against the kind and extent of risk which exists at the time of change in
insurance required.
3.23.10 Safety. CONTRACTOR shall execute and maintain its work so
as to avoid injury or damage to any person or property. In carrying out its Services, the
CONTRACTOR shall at all times be in compliance with all applicable local, state and federal
laws, rules and regulations, and shall exercise all necessary precautions for the safety of
employees appropriate to the nature of the work and the conditions under which the work is to
be performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and life saving equipment and procedures; (B) instructions in accident
prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall
protection ladders, bridges, gang planks, confined space procedures, trenching and shoring,
equipment and other safety devices, equipment, and wearing apparel as are necessary or
lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper
inspection and maintenance of all safety measures.
3.24 Prohibited Interests.
3.24.1 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 Contract. 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, percentage, brokerage fee, gift, or
other consideration contingent upon or resulting from the award or making of this Contract.
For breach or violation of this warranty, SAFE shall have the right to rescind this Contract
without liability.
3.24.2 Conflict of Interest. For the term of this Contract, no member,
officer or employee of SAFE, during the term of his or her service with SAFE, shall have any
direct interest in this Contract, or obtain any present or anticipated material benefit arising
therefrom.
3.24.3 Conflict of Employment. Employment by the CONTRACTOR of
personnel currently on the payroll of SAFE shall not be permitted in the performance of this
Contract, 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 SAFE payroll within one year prior to the
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date of execution of this Contract, where this employment is caused by, and or dependent
upon, the CONTRACTOR securing this or related Contracts with SAFE, is prohibited.
3.25 Equal Opportunity Employment. CONTRACTOR represents that it is an
equal opportunity employer and it shall not discriminate against any subcontractor, employee,
or applicant for employment because of race, religion, color, national origin, ancestry, sex,
age, disability (including HIV and AIDS), mental disability, medical condition (cancer), marital
status, denial of family and medical care leave, or denial of pregnancy disability leave. Such
non-discrimination shall include, but not be limited to, all activities related to initial
employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or
termination. Employment and Housing Act (Gov. Code Section 12900 et seq.) and the
applicable regulations promulgated thereunder (Cal. Admin. Code, Tit. 2, Section 7285.0 et
seq.): The applicable regulations of the Fair Employment and Housing Commission
implementing Government Code, Sec 12900, set forth in Chapter 5 of Division 4 of Title 2 of
the California Administrative Code, Sec 12900, set forth in Chapter 5 of Division 4 of Title 2 of
the California Administrative Code are incorporated into this Contract by reference and made
a part hereof as if set forth in full. CONTRACTOR shall include the provisions of this Section
in all of CONTRACTOR’s subcontracts with respect to work under this Agreement, unless
exempted by the Regulations. CONTRACTOR shall also comply with all relevant provisions
of SAFE's Minority Business Enterprise program, Affirmative Action Plan, or other related
SAFE programs or guidelines currently in effect or hereinafter enacted.
3.26 Right to Employ Other CONTRACTORs. SAFE reserves the right to
employ other CONTRACTORs in connection with the Services.
3.27 Governing Law. The validity of this Contract and of any of its terms or
provisions, as well as the rights and duties of the parties hereunder, shall be governed by and
construed with the laws of the State of California.
3.28 Venue. The Parties acknowledge and agree that this Contract was
entered into and intended to be performed in Riverside County, California. The Parties agree
that the venue for any action or claim brought by any Party will be the Central District of
Riverside 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 agree to use their best efforts to obtain a change of
venue to the Central District of Riverside County.
3.29 Time of Essence. Time is of the essence for each and every provision of
this Contract.
3.30 Headings. Article and section headings, paragraph captions, or marginal
headings contained in this Contract are for convenience only and shall have no effect in the
construction or interpretation of any provision herein.
3.31 Notices. All notices hereunder and communications regarding
interpretation of the terms of this Contract or changes thereto shall be given to the respective
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Parties at the following addresses, or at such other addresses as the respective Parties may
provide in writing for this purpose:
CONTRACTOR:
Pepe’s Towing Service
2000 W. Key Street
Colton, CA 92324
Attn: Lorenzo Navarro
SAFE:
Riverside County Service Authority
for Freeway Emergencies
FSP Program
P.O. Box 12008
Riverside, CA
92502-2208
Attn: Brian Cunanan
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.
3.32 Electronic Delivery of Agreement. 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 the
Agreement for all purposes.
3.33 Amendment or Modification. No supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing and signed by both
Parties.
3.34 Entire Contract. This Agreement contains the entire Agreement of the
Parties relating to the subject matter hereof and supersedes all prior negotiations, contracts or
understandings.
3.35 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.
3.36 No Waiver. Failure of CONTRACTOR 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.
3.37 Eight-Hour Law. Pursuant to the provisions of the California Labor Code,
eight hours of labor shall constitute a legal day's work, and the time of service of any worker
employed on the work shall be limited and restricted to eight hours during any one calendar
day, and forty hours in any one calendar week, except when payment for overtime is made at
not less than one and one-half the basic rate for all hours worked in excess of eight hours per
243
day ("Eight-Hour Law"), unless CONTRACTOR or the Services are not subject to the Eight-
Hour Law. CONTRACTOR shall forfeit to SAFE as a penalty, $50.00 for each worker
employed in the execution of this Agreement by him, or by any sub-consultant under him, for
each calendar day during which such workman is required or permitted to work more than
eight hours in any calendar day and forty hours in any one calendar week without such
compensation for overtime violation of the provisions of the California Labor Code, unless
CONTRACTOR or the Services are not subject to the Eight-Hour Law.
3.38 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 SAFE.
CONTRACTOR shall not respond to any such subpoena or court order until notice to the
SAFE is provided as required herein and shall cooperate with the SAFE in responding to the
subpoena or court order.
3.39 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.
3.40 Counterparts. This Agreement may be signed in one or more counterparts,
any one of which shall be effective as an original document.
3.41 Incorporation of Recitals. The recitals set forth above are true and correct
and are incorporated into this Agreement as though fully set forth herein.
3.42 Conflicting Provisions. In the event that provisions of any attached exhibits
conflict in any way with the provisions set forth in this Agreement, the language, terms and
conditions contained in this Agreement shall control the actions and obligations of the Parties
and the interpretation of the Parties’ understanding concerning the performance of the
Services. In the event the standards set forth in this Agreement conflict with the standards set
forth in any exhibit hereto, the higher standard shall govern.
3.43 Attorneys' Fees and Costs. If any legal action is instituted to enforce or
declare any Party's rights hereunder, each Party, including the prevailing Party, must bear its
own costs and attorneys' fees. This paragraph shall not apply to those costs and attorneys'
fees directly arising from any third party legal action against a Party hereto and payable under
Section 3.21, Indemnification.
3.44 Consent. Whenever consent or approval of any Party is required under
this Contract, that Party shall not unreasonably withhold nor delay such consent or approval.
3.45 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.46 Mobilization Costs Payment. Intentionally Omitted
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[Signatures on following page]
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SIGNATURE PAGE
TO AGREEMENT 21-45-050-00
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first
herein written above.
RIVERSIDE COUNTY
TRANSPORTATION COMMISSION PEPE’S TOWING SERVICE
ACTING AS THE
RIVERSIDE COUNTY SERVICE
AUTHORITY FOR FREEWAY
EMERGENCIES
By: ____________________________ By: _____________________________
Anne Mayer, Executive Director
_____________________________
Name
_____________________________
Title
APPROVED AS TO FORM: Attest:
By: ____________________________ By: ____________________________
Best Best & Krieger LLP,
Counsel to the Riverside County Its: Secretary
Service Authority for
Freeway Emergencies
246
EXHIBIT “A”
Scope of Services
247
1.0 GENERAL INFORMATION
1.1 Background & Introduction
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 Freeway
Service Patrol (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 jurisdictions. In addition to funding received from
Caltrans, agencies are required to contribute a 25 percent local match. For the
Commission, SAFE revenues are used to meet this match requirement.
The Commission, acting in its capacity as the 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. Contracts to provide
FSP tow service are competitively bid as needed for each beat.
1.2 Project Description
The purpose of the FSP program is to provide a continuous roving patrol for the rapid
removal of disabled vehicles and those involved in minor accidents from the freeway.
Where traffic conditions permit, safe removal of small debris will be required. Vehicle
operators shall be responsible for clearing the freeway of automobiles, small trucks,
and small debris. When and where conditions warrant, service may be executed on
the freeway shoulders. Where conditions do not warrant, vehicle operators will remove
the vehicles from the freeway to provide service. FSP vehicles shall continuously
patrol their assigned beat, respond to CHP calls for Services, use the designated
turnaround locations, and use the CHP identified designated drop locations.
FSP vehicle operators may be required to perform minor services such as change flat
tires, provide "jump" starts, provide one gallon of gasoline or diesel fuel, temporarily
tape cooling system hoses, and refill radiators in a safe and efficient manner. Vehicle
operators may spend a maximum of ten (10) minutes per disablement in attempting to
mobilize a vehicle. If a disabled vehicle cannot be mobilized within the ten-minute (10)
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time limit, it shall be towed to a designated drop location identified by the CHP. The
motorist can request the FSP vehicle operator to call the CHP Communications Center
to request a CHP rotational tow or other services. FSP vehicle operators shall not be
allowed to tow as an independent contractor from an incident that occurred during the
FSP shift unless called as a rotation tow by CHP after the FSP shift has ended. If
called as a rotation tow after a FSP shift, the vehicle operator must remove all FSP
markings such as vests, uniforms, and magnetic vehicle signage.
There may be some instances where FSP operators may be requested to provide
assistance to CHP officers. FSP operators shall follow the instructions of the CHP
officer at the scene of any incident within the scope of the FSP program.
All FSP services shall be provided at no cost to the motorist. FSP vehicle operators
shall not accept gratuities, perform secondary towing services, recommend secondary
tows, or recommend repair/body shop businesses.
Freeway Service Patrol hours of operation are 5:30 a.m. to 8:30 a.m. and 2:30 p.m. to
6:30 p.m., Monday through Thursday; and 5:30 a.m. to 8:30 a.m. and 12:30 p.m. to
6:30 p.m. on Friday. Contractor vehicles shall be exclusively dedicated to the service
during FSP service hours. All vehicle maintenance activities shall be conducted during
non-service hours.
The FSP operates on selected freeway segments referred to as “Beats”. Each Beat
has specific turnaround locations and designated drop locations identified by the
California Highway Patrol (CHP). The Scope of Services (Section 2.0) hereunder
identifies the specific limits, number of tow trucks, number of back-up trucks, hours of
operation, and tentative holidays on which the cost of each beat shall be based. RCTC
reserves the right to add or delete holidays to the work schedule. Travel time to and
from the Beat will be at the expense of the Contractor.
To be awarded a contract, a Contractor must have a tow facility within close
proximity to the service area, have been in business as a tow service operator
for a minimum of five (5) years, and have a minimum of one (1) full year
experience working under contract/agreement and in good standing within the
last three (3) years with any type of law enforcement agency.
A Contractor with no prior FSP experience shall be considered NEW and may only be
awarded one FSP beat. A Contractor that has been terminated for cause from any
FSP contract within the state shall not be eligible to participate in the Riverside County
FSP program. A NEW Contractor, who remains in good standing, as determined by
FSP management, may be considered for additional beat awards in future
procurements. An existing Contractor that is not in good standing as determined by
information received by the FSP management staff at the time of their proposal may, at
the discretion of FSP management, be limited to the number of beats the Contractor is
awarded, including not being awarded any beats.
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FSP Management Staff reserves the right to limit the number of beats awarded to
one Contractor.
At any time during the contract's term, RCTC reserves the right to adjust Beat
specifications and Beat hours to better accommodate demand for the service, or the
availability of funding. These changes can occur during the course of the contract
through written change orders. If warranted during the service hours of operation, the
Contractor may be requested to temporarily reassign his/her FSP operators/trucks to
locations outside its assigned Beat. Tow Operators may be permitted to do this only
upon CHP and/or RCTC approval. FSP vehicle operators shall follow the instructions
of the CHP officer at the scene of any incident within the scope of the FSP program.
The contract start date for Beats 4, 7 and 8 shall be January 4, 2022. The first
day of FSP service is Tuesday, January 4, 2022. These are 5-year contracts that
expire on January 3, 2027.
If awarded a contract, the Contractor shall have one hundred seventy-three (173)
calendar days for Beat 4, 7 and 8, after the notice of award (notice of award tentatively
expected on or around July 15, 2021), in which to acquire the required equipment and
hire and train vehicle operators. The Contractor shall have the appropriate number of
primary and back-up trucks ready for equipment installation and CHP inspection no
later than December 15, 2021. Any company that cannot meet the above-mentioned
requirements shall not be awarded the contract(s).
2.0 Beat Description/Summary
FSP operates on selected freeway segments referred to as “beats”. Each beat has
specific turnaround locations and designated drop locations identified by the CHP.
The specific limits, number of tow trucks, number of back-up trucks and hours of
operation, including the holiday schedule, are detailed below. SAFE reserves the right
to add or delete holidays to the work schedule, provided that SAFE provides
CONTRACTOR seven (7) days advanced notice of such addition or deletion. Travel
time to and from the beat will be at the expense of the CONTRACTOR.
At any time, SAFE reserves the right to adjust beat specifications to better
accommodate demand for the Services, or availability of funding. These changes can
occur during the course of this Contract through written change orders. If warranted
and during the hours of operation of the Services, the CONTRACTOR may be
requested to temporarily reassign his/her FSP operators/trucks to locations outside the
assigned beat.
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5-yr Contracts: January 4, 2022 to January 3, 2027 _ a
FSP
Beat
#
Beat Description
One-Way
Length in
Miles
# Primary
FSP Trucks
in both AM
and PM
#
Backup
FSP
Trucks
4 SR91 from Magnolia Ave to
60/91/215 Interchange 11.0 2 1
7 SR60 from Milliken St to Main St 11.7 2 1
8
SR60 from Central Ave to I215 at
Alessandro Blvd to SR60 at
Theodore St
12.3 2 1
2.1 Hours of Operation:
Monday through Thursday: 5:30 a.m. to 8:30 a.m., and from 2:30 p.m. to 6:30
p.m.
Friday: 5:30 a.m. to 8:30 a.m., and from 12:30 p.m. to 6:30 p.m.
Each Beat requires at least one backup truck available at all times. RCTC
reserves the right to change Beat hours and operational requirements
during the course of the contract.
a. Total estimated service hours per vehicle/per year: 1,950
b. In addition to the above service hours, at the discretion of RCTC and
CHP, additional service may be requested on certain “high traffic days”
on/or following certain holidays (e.g., July 4th, Labor Day, and Memorial
Day). Contractor will be notified at least one week prior to when this
service is to be provided.
During FSP shifts that require a 30-minute meal period break to be provided pursuant
to Labor Code section 512, the Contractor shall either make arrangements for another
certified FSP driver to provide the contracted FSP coverage during those breaks or not
be compensated for each 30-minute meal period break during which FSP service is not
provided. In no case shall the Contractor be entitled to compensation from RCTC for
time during which its FSP driver is taking a 30-minute meal period break, unless the
Contractor has provided another driver to cover this 30-minute meal period break.
2.2 Holiday Schedule
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Proposer shall submit its cost proposal for provision of the required FSP tow
services five days each week, Monday through Friday, of each year during the
contract term, except for the following ten (10) holidays:
1. Martin Luther King, Jr. Day (Monday)
2. Presidents’ Day (Monday)
3. Memorial Day (Monday)
4. Independence Day (July 4 - varies)
5. Labor Day (Monday)
6. Veterans Day (varies)
7. Thanksgiving Day (Thursday)
8. Day after Thanksgiving (Friday)
9. Christmas Day (December 25 - varies)
10. New Year’s Day (January 1 – varies)
3.0 FSP Management and Representatives
RCTC has entered into a Memorandum of Understanding with the California
Department of Transportation (Caltrans) and CHP, in order to provide peak hour
freeway service patrols on selected freeway segments for traffic mitigation, as well as
air quality improvement within Riverside County. RCTC, Caltrans, and CHP will jointly
oversee the service. RCTC serves as the contract administrator and funding partner;
Caltrans provides oversight; and CHP is responsible for the daily operations and field
supervision of the program.
Authority for FSP derives from (a) Section 21718 (A) of the California Vehicle Code,
which allows FSP trucks supervised by the CHP to stop on freeways for the purpose of
rapid removal of impediments to traffic, and (b) Article 3, Section 91, of the Streets and
Highways Code, which states that Caltrans is responsible for traffic management and
removing impediments from the highways, as well as improving and maintaining the
state highways.
3.1 Standard Operating Procedures
The guidelines and policies of the FSP program, which promote a safe work
environment and maintain a level of professionalism, are contained in the Standard
Operating Procedures (SOP) manual developed by the CHP. The SOP and any
updates to it are incorporated into the contract with RCTC, therefore, the Contractor
and their vehicle operators are responsible to operate and adhere to the most recent
version of the SOP at all times.
Contractor shall be held responsible for maintaining an updated SOP (latest version
issued with the RFP), which is incorporated herein by reference. SOP revisions and
updates shall be unilaterally issued by RCTC or CHP, as deemed necessary by CHP
or the FSP Technical Advisory Committee, and all changes, revisions and updates to
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the SOP, if any, shall supersede all previous or existing SOPs. A copy of the SOP is
included as part of the original RFP package and additional hard or soft copies can be
provided to all interested parties upon request.
Vehicle operators or trucks found not to be in compliance with FSP procedures
defined in the SOP may be penalized, suspended, and/or terminated from the
FSP program and the company may also be assessed liquidated damages
amounts for said violations as described herein. Liquidated damages are
inclusive of other remedies at law and/or those described under the terms of the
contract.
Refer to Proposal Pricing Form for further details on violations and penalties.
4.0 Vehicles
4.1 Tow Truck Requirements
Primary and back-up FSP tow trucks shall be exclusively dedicated to the FSP
program during FSP service hours of operation. They are not required to be exclusive
during non-FSP hours. All vehicle maintenance activities shall be conducted during
non-Service hours. When conducting the Services on a FSP shift, the
CONTRACTOR’s vehicle shall display all FSP markings and the vehicle operator shall
wear a FSP uniform.
The FSP will utilize, at a minimum, Class A tow trucks with a minimum gross vehicle
weight rating of 14,000 pounds, dual wheel chassis, and a four (4) ton recovery
equipment rating. All trucks proposed for use in the FSP Program must be less than
one (1) year old with a maximum of 50,000 miles on the chassis and working parts of
the truck at the onset of the contract, free of any mechanical defects or physical
damage and have a clear (non-salvage) title. Extenuating circumstances dictating
departure from this specification should be at the consensus of the local FSP partners.
The CHP, in conjunction with Caltrans or the regional transportation agency, should
verify the original purchase dates to ensure compliance. Lastly the truck shall have
seating capabilities for five (5) adults.
All FSP tow trucks must be Department of Transportation (DOT) compliant, as well as
California Air Resources Board (CARB) compliant. This includes an engine that has
been certified by CARB, as required by law in the State of California. Any tow truck
that is utilized for the FSP Program must comply with emission standards set forth by
DOT and CARB, as well as all local, state, and federal laws associated with that truck
and as outlined in the RFP.
Each tow truck shall be equipped in accordance with the CHP’s Freeway Service
Patrol Manual and Standard Operating Procedures Manual and, at a minimum, shall
include the following:
a. Equipment & Supplies (Required)
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1. Wheel lift towing equipment, with a minimum lift rating of 3,000 pounds. All
tow equipment shall include proper safety straps.
2. Boom with a minimum static rating of 8,000 pounds.
3. Winch Cable - 8,000 pound rating on the first layer of cable.
4. Wire rope – 100ft., 3/8 inch diameter, 6 x19 or OEM specifications.
5. Two (2) Tow chains 3/8" alloy or OEM specs., J/T hook assembly.
6. Rubber faced push bumper.
7. Mounted spotlight capable of directing a beam both front and rear.
8. Amber warning lights with front and rear directional flashing capability, with
on/off switch in cab.
9. Public address system.
10. Power outlets ("hot boxes"), front and rear mounted, with outlets compatible
to 12-volt booster cables.
11. Heavy duty, 60+ amp battery.
12. Radios with the ability to communicate with the Contractor's base office
(Verizon).
13. Programmable scanners capable of scanning between the 39 and 48 MHz
used by the CHP. Scanners need to be capable of scanning CHP Police
frequencies, and must be mounted for safety concerns.
14. Suitable cab lighting.
15. Trailer hitch capable of handling a 1 7/8-inch ball and 2 inch ball.
16. One (1) 1 7/8-inch ball and one (1) 2 inch ball.
17. Rear work lights. (4)
18. Safety chain D-ring or eyelet mounted on rear of truck.
19. Motorcycle straps. (2)
20. Diesel fuel in plastic jerry cans. (5 gallons)
21. Unleaded gasoline in plastic jerry cans. (5 gallons)
22. Safety chains min. 5ft. min. 5/16” Alloy or OEM Spec. (2)
23. First aid kit (small 5" x 9"). (1)
24. Fire extinguisher aggregate rating of at least 4 B-C units. (1)
25. Pry bar - 36" or longer. (1)
26. Radiator water in plastic container. (5 gallons)
27. 4" x 4" x 48" wooden cross beam. (1)
28. 4" x 4" x 60" wooden cross beam. (1)
29. 24" wide street broom. (1)
30. Square point shovel. (1)
31. Highway flares 360 minutes min.
32. Cones 18" height, reflectorized with tape.
33. Hydraulic Floor Jack: 2-ton AND
34. 2-ton jack stand
35. Wheel chock
36. Four-way lug wrench (1 std.). (1)
37. Four-way lug wrench (1 metric). (1)
38. Rechargeable compressor or refillable air bottle, hoses and fittings
to fit tire valve stems, 100 psi capacity. (1)
39. Flashlight and spare batteries. (1)
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40. Tail lights/brake lights, portable remote with extension cord. (1 set)
41. Booster cables, 25 ft. long minimum, 3-gauge copper wire
with heavy-duty clamps and one end adapted to truck's
power outlets. (1 set)
42. Funnel, multi-purpose, flexible spout. (1)
43. Pop-Up dolly (with tow straps), portable for removing otherwise untowable
vehicles. (1)
44. 5-gallon can with lid filled with clean absorb-all. (1)
45. Empty trash can with lid (5 gallon). (1)
46. Lock out set. (1)
47. Safety glasses.
b. Equipment & Supplies (Recommended)
48. Towing slings rated at 3,000 pounds minimum. RECOMMENDED
49. Sling crossbar spacer blocks. RECOMMENDED (2)
c. Tools (Required)
Each FSP truck will be required to have a toolbox with the following minimum number
of tools/supplies. A tool kit for small equipment items is required. The list may be
supplemented at the Contractor's option and expense.
50. Screwdrivers--
i. Standard-1/8", 3/16", 1/4", 5/16" (1 each, min).
ii. Phillips head - #1 and #2 (1 each, min).
51. Needle nose pliers (1)
52. Adjustable rib joint pliers, 2" min. capacity (1)
53. Crescent wrench - 8" (1)
54. Crescent wrench - 12" (1)
55. 4 lb. hammer (1)
56. Rubber mallet (1)
57. Electrical tape, roll (1)
58. Duct tape, 20-yard roll (1)
59. Tire pressure gauge (1)
60. Mechanic's wire (roll) (1)
61. Bolt cutters (1)
4.2 Tow Truck Appearance
FSP vehicles bearing the FSP title, logo, and vehicle identification number shall be
painted white (includes the hood, fenders, doors, boom, and bed area – the entire truck
is to be painted white). No trim is allowed. Lettering shall be in a blocked bold style
parallel to the ground and shall be no less than 2 inches by 2 inches and no greater
than 4 inches in height. Lettering can only be black in color (no other colors will be
permitted). Letters shall be placed on the lower body of the truck toward the cab.
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Contractor’s name on the boom is prohibited. The overall look of the truck must be
approved by CHP prior to service implementation; therefore, any questions regarding
this policy may be discussed with CHP prior to implementing, as truck compliance with
current state FSP standards is required. No other accessory equipment, signage, or
advertisements (mud flaps, stickers, employment advertisement, and so forth) shall be
mounted or installed without prior CHP approval. This includes, but is not limited to:
bras or window tint.
It shall be the vehicle operator’s responsibility to place detachable FSP markings on
each vehicle during FSP service hours and to remove the detachable markings
immediately upon completion of each shift. RCTC will supply each Contractor with the
appropriate number of detachable markings for each Beat(s). If a marking is lost or
damaged, the Contractor shall be responsible for the cost of the replacement markings.
All FSP markings shall be returned at the termination of the contract. The cost of any
RCTC and/or Caltrans/CHP supplied item and/or equipment not returned shall be
deducted from the Contractor's final payment.
FSP markings, as well as vehicle numbers, shall be required on both sides of all trucks.
The detachable markings (magnetic FSP signage) provided by RCTC, must be placed
on the center of the driver and passenger doors of the vehicle. The vehicle operator
shall be required to keep the title and logos clean, straight, and in readable condition
throughout the FSP shift. The operator is also required to keep the magnetic signage
flat (do not bend in any way), clean, and out of direct sunlight while being stored during
non-FSP operational hours.
4.3 Vehicle Inspections
Prior to commencement of service, the CHP will inspect each vehicle designated for
the FSP to ensure that it meets the vehicle specifications and to ensure that it meets or
exceeds safety requirements. These inspections will occur prior to the start of service.
Succeeding inspections will occur periodically as determined by the CHP.
Documentation of the vehicle identification number and successful completion of the
inspection will be kept on file at the CHP office and Contractor's base office.
Any unsafe, poorly maintained, or improperly equipped vehicle(s) shall be removed
from service, and if discovered to be in such a condition during the shift said vehicle(s)
shall be removed from service or repaired as directed by the CHP, and the Contractor
shall be fined three (3) times the hourly contract rate in one (1) minute
increments for the remainder of that shift, plus the loss of revenue for the down
time. Spare vehicles, also known as “back-ups”, will be required to complete the shifts
of vehicles removed from service. The Contractor will be required to have a spare FSP
vehicle available for service for the duration of each and every FSP shift.
The vehicle operator shall be required to complete a pre-operation shift inspection log
of the vehicle as well as inventory the required equipment prior to the start of each and
every shift. The vehicle operator shall be required to complete a driver log, which is
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used to track the mileage. A shift inspection/inventory log shall be completed by the
vehicle operator prior to the start of each shift and be available for inspection. Any item
missing must be replaced prior to the start of the shift. All equipment stored on top of
the truck shall be secured to the truck.
4.4 Spare/Back-Up Vehicles
The Contractor shall be required to have one FSP Certified Back-Up tow truck
available per Beat during FSP service hours that is in full compliance with the
agreement, unless otherwise authorized by RCTC and CHP in writing. During FSP
service hours, the spare vehicle shall be kept at the Contractor’s yard or staged
adjacent to the assigned beat. The FSP Certified Back-Up tow truck should be used
when a Certified Primary FSP tow truck is unavailable. The FSP Certified Back-Up tow
truck shall meet the same requirements for equipment, set-up, and color as the
Certified Primary FSP tow truck. It shall meet all the vehicle equipment specifications.
Refer to Attachment H for further details on violations and penalties.
4.5 Vehicle Breakdown and Other Missed Service
The spare vehicle must be in service on the Beat within 45 minutes of the time a
permanently dedicated vehicle is taken out of service for any reason. The Contractor
shall not be paid for the time period that the contractually required trucks are not in
service. If a vehicle is not made available within the required 45-minute time
period, the Contractor shall be fined three (3) times the hourly contract rate in
one (1) minute increments for every minute that exceeds the 45 minute
replacement period until a certified FSP compliant spare/back-up vehicle is
provided. If a truck is not ready due to breakdown at the start of a shift, the fine
time will be calculated from the start of the shift until a replacement is placed
into service. If the entire shift is missed, Contractor shall be fined for the entire
shift at three (3) times the hourly rate times the total minutes for the affected
shift.
Vehicle maintenance shall be performed during non-FSP service hours.
In addition, not having a certified FSP “spare or back-up” vehicle operator
available is not an allowable excuse for not having a spare (back-up) vehicle on
the beat within the 45-minute time period. If the Contractor does not have a
dedicated or spare truck on the Beat because a certified FSP vehicle operator is
not available, the Contractor shall be fined three (3) times the hourly contract
rate in one (1) minute increments until a certified FSP replacement vehicle
operator is provided. If the entire shift is missed because a vehicle operator was
not available, the Contractor shall be fined for the entire shift at three (3) times
the hourly rate times the total minutes for the affected shift.
5.0 Communications Equipment and Computers
5.1 Communications Equipment
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Each FSP vehicle shall be equipped with various communication devices that will
enable the vehicle operator to communicate with the CHP Communications Center. All
vehicles shall be equipped with an Automatic Vehicle Location (AVL) system, radios,
and Data Collection Devices (DCD). The AVL system, radio, and DCD equipment shall
be purchased, owned, and supplied by RCTC. RCTC shall select the equipment
installation vendor.
The Contractor shall be responsible for maintaining the security of the vehicle
communication equipment provided by RCTC. The Contractor shall be liable for any
damage to the RCTC-owned communication equipment. The Contractor shall also be
liable for the full replacement value of the communication equipment installed in the
trucks while in the care, custody, and control of the equipment. RCTC will deduct
repair fees as well as the full replacement cost of any RCTC equipment due to
improper use or negligence by the Contractor, from any payment due to the Contractor.
RCTC-supplied vehicle communications equipment shall be returned in full working
condition upon contract termination. The cost of any equipment not returned within a
reasonable time period shall be deducted from the Contractor's final payment.
Programmable scanners capable of scanning between the 39 and 48 MHz used by
CHP shall be supplied by the Contractor and shall be installed (mounted) in all
vehicles.
The Contractor is also required to use Verizon wireless cell phones with push-to-talk-
plus capability, or equivalent, for communications with the CHP Communications
Center and the CHP Field Supervisor. Wireless cell phones shall be purchased and
maintained by the Contractor. The Contractor will also be responsible for all operating
costs as well. In addition, tow operators are not permitted to take pictures, video, or
capture any other images while performing FSP duties during FSP operational hours.
These actions will not be tolerated, and a vehicle operator may be terminated if it is
discovered they are doing so.
In addition, any input of data into the DCD shall not be allowed while the vehicle is
being operated/driven. Use of other devices while driving/operating a vehicle such as
cell phones is prohibited by California State Law.
The FSP vehicles shall be equipped with a public address system. The public address
system shall have the capability for the driver of the disabled vehicle to hear
instructions transmitted from the cab of the FSP vehicle when the FSP vehicle is
directly to the rear of the disabled vehicle.
5.2 Computer Equipment
The Contractor must have and maintain a desktop computer workstation with high-
speed internet access and email to communicate with RCTC staff.
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The Contractor must ensure that the DCD equipment is inspected and cleaned on a
quarterly basis, or more frequently if needed. All DCD equipment should have the
exterior protective case cleaned (protective outside case) and screen protector shall be
inspected for functionality and serviceability. Worn items shall be immediately reported
to RCTC.
All DCD equipment must be kept in a secure location. During non-FSP operational
hours, DCD equipment shall not be left in a tow vehicle or go home with a vehicle
operator or anyone else. All DCD equipment must be in a designated charging area
at the tow operator’s facility during non-FSP operational hours. The DCD equipment
shall always have enough charge to complete each shift. In order to reduce instances
of technology glitches, the DCD equipment shall be turned off/turned on at least once
per week. DCD equipment is to be with the vehicle operator in their FSP truck during
FSP operational hours. Any other location shall not be permitted.
The Contractor shall immediately report any issues with the workstation or the DCD
equipment to the RCTC FSP Program Manager or one of the FSP CHP Officers.
Contractor is directly responsible to ensure their computer workstation is operating and
has internet access at all times – this is a contract requirement.
The Contractor shall provide access to the DCD equipment for RCTC staff, or their
designated designee, at any time during the course of the Contract. In addition, the
Contractor shall also make the workstation available to RCTC, or its designee, 30
calendar days prior to the start of the new service.
The Contractor shall provide an annual inspection report to RCTC indicating the status
of all equipment. RCTC will provide the submittal form. Tow operators should
consider the accurate completion and timely return of this form as part of their contract
requirements.
5.3 Equipment Tampering
Tampering with FSP communication/tracking equipment so that it does not function
properly to RCTC’s specifications, and/or is disconnected or moved (without FSP
Management authorization) from its original installed location is strictly prohibited.
This includes but is not limited to: breaking evidence tape/connection sealer on
equipment connections, cutting wires or cables, moving mounted equipment (speakers,
microphones, antennas, etc.), rerouting any wiring, disconnecting any connectors,
Contractor/subcontractor unintentionally altering equipment or connections to
equipment during vehicle maintenance or repair, or interfering with the operations of
the equipment.
If tampering is suspected, FSP Management may conduct an inspection of the
equipment on the Beat or the vehicle may be sent to a designated location determined
by FSP Management.
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1. If tampering is found while the vehicle is used during FSP operational hours,
the vehicle operator and vehicle will be immediately taken out of service and
the Contractor shall be fined in one (1) minute increments at three (3) times
their hourly rate, until such time that the back-up truck is deployed. Please
note that if tampering is discovered, the penalties (three times the hourly rate
in one minute increments) shall begin immediately upon the discovery of the
tampering. The normal 45-minute back-up truck time allowance will not be
considered “non-penalty” time under these circumstances. The penalties shall
begin immediately upon the tampering being discovered.
2. If the vehicle is suspected to have equipment that has been tampered with, it
may be sent to a designated location determined by FSP Management and
CHP for an inspection. If tampering is found, the Contractor will be
retroactively fined three (3) times the hourly rate in one (1) minute increments
from the time the tampering was first suspected. The penalties will continue
until a certified FSP back-up truck is deployed. The normal 45-minute back-up
truck time allowance will not be considered “non-penalty” under these
circumstances.
Tampering Repairs
If tampering is discovered during FSP operational hours, the vehicle will be taken out of
service and will remain out of service until the repair and the documentation can be
completed by the FSP Program designated technician. FSP Management determines
the designated technician. The transportation, labor, and repair costs will be the
responsibility of the Contractor. Costs incurred to repair and document the equipment
will be deducted from the Contractor monthly invoice.
Tampering Penalties
The Contractor will also be assessed a $250 fine (whether the tampering is discovered
while on the Beat, or if it was suspected and later confirmed) per incidence on their
monthly invoice. If it is determined that the vehicle operator tampered with the
equipment, the vehicle operator will be suspended for a minimum of 30 days for the
initial tampering offense and subject to termination from the FSP Program for any
subsequent tampering violations.
6.0 Contractor Responsibilities
6.1 Appearance at Hearings
If and when required by SAFE, Contractor shall render assistance at public hearings or
other meetings related to the performance of the Services.
6.2 Damage Complaints
Upon receiving a damage complaint from a motorist assisted by the Contractor, that
the Contractor damaged their vehicle while lending assistance, the Contractor shall
notify CHP immediately regarding the nature of the damage complaint and its
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disposition. The Contractor shall reply to the motorist by telephone within twenty-four
(24) hours of receiving the damage complaint notification from CHP. If necessary, the
Contractor shall send either his or her authorized representative or his or her insurance
company representative to inspect the vehicle and complete an incident report within
forty-eight (48) hours after receiving the damage complaint. If the investigation shows
that damage to the vehicle could have been caused by the Contractor, the Contractor
shall negotiate in good faith to try and resolve the issue and shall report to CHP the
result of the negotiations. All complaints shall be resolved within a reasonable time-
period after being received.
6.3 Complaint Review Committee
The FSP Technical Advisory Committee (“FSP TAC”) is composed of voting members
from CHP, SAFE, and Caltrans. Voting members of the FSP TAC are hereby
designated as the members of the Damage Complaint Review Committee (“DCRC”). If
the DCRC finds that justifiable complaints are not resolved within a reasonable
timeframe, it can recommend that payment to the Contractor in the amount of the
damage claim may be deducted from the Contractor monthly invoice.
6.4 Trend Meetings
Contractor shall attend, or send a designated management-level representative, to all
trend meetings (i.e., required FSP TAC meeting which meets every other month).
These trend meetings will encompass focused and informal discussions concerning,
but not limited to: scope, Services, schedule, current progress of Services, relevant
cost issues, and future objectives. Contractor shall be responsible for having a
representative attend all meetings (i.e., FSP TAC meetings) that has the ability to make
management-level decisions on the behalf of the Contractor. If the Contractor cannot
have a management-level representative at a meeting, Contractor shall notify SAFE
and CHP prior to the meeting. Management-level attendance at these meetings shall
be considered part of the Contractor’s contractual responsibility. Meetings are
scheduled, and Contractor will be notified of such schedule, no later than three (3)
working days prior to the meeting.
7.0 Vehicle Operators
7.1 Operator Qualifications and Performance
All potential vehicle operators shall be required to have a safe driving record and, at a
minimum, a valid Class C driver's license. All vehicle operators shall be 18 years of
age or older at the time of background check. Potential vehicle operators shall be
subject to driving record and criminal background checks through the California
Highway Patrol. Potential vehicle operators shall be sufficiently experienced in the
tasks of tow truck operations and proficient with all required Freeway Service Patrol
equipment to provide safe and proper service. Any certified vehicle operator from
other FSP areas will be evaluated on a case-by-case basis. All potential vehicle
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operators must be capable of demonstrating their tow operating abilities prior to formal
CHP training, also known as proficiency testing.
Additionally, the vehicle operators will be required to exercise good, sound judgment in
carrying out their duties. Vehicle operators shall be required to inform the CHP
Communications Center any time they leave the assigned Beat. This includes breaks
and replenishing expendable items, such as: gasoline, fire extinguisher, etc. The
vehicle operator shall be required to immediately notify the CHP Communications
Center upon a tow truck breakdown.
FSP vehicle operators will be responsible for accurately entering the required data into
DCD equipment every shift. Each FSP vehicle operator shall complete an inspection
worksheet prior to the commencement of driving the tow truck and a mileage log prior
to beginning service on the Beat. The FSP vehicle operator shall be required to
complete an assist record for each incident. Each assist record should be accurate.
Contractors or Operators providing false or misleading information to FSP
Management shall be subject to disciplinary action and will be handled on a case-by-
case basis.
FSP vehicle operators shall always complete the required procedures per the SOP
when handling required forms. No duplicate survey numbers should be entered into
the DCD equipment at any time. Vehicle operators are required to complete in their
entirety the Release of Liability form and Damage Release form when applicable.
These completed forms should be handed in to RCTC at a minimum every 60 days. If
it is discovered that a vehicle operator has entered duplicate survey numbers, not
properly completed the release forms, or not turned the release forms in timely, the
Contractor may be subject to penalties as outlined in Proposal Pricing Form.
CHP, Caltrans, and RCTC maintain strict drug and alcohol policies. Contractors shall
have an alcohol and drug program that includes at a minimum, a drug and alcohol free
workplace policy and an employee alcohol/drug-testing program. Any FSP vehicle
operator found working under the influence of drugs or alcohol shall be immediately
removed from the FSP program by the Contractor. The Contractor shall be
responsible for providing a certified replacement vehicle operator for that vehicle.
The Contractor shall be an active participant in the DMV Pull Notice Program.
If a vehicle operator is convicted of a crime involving a stolen vehicle, stolen property,
violence, drugs, or moral turpitude, fraud related to the towing business, or
misdemeanor or felony driving while under the influence of alcohol or a drug, the
Contractor shall permanently remove that vehicle operator from duties under the FSP
program. If a vehicle operator is charged with any of the above crimes, the Contractor
shall immediately suspend that vehicle operator from duties under this program
pending the outcome of the criminal case. If the vehicle operator is not convicted, or is
ultimately convicted of a lesser crime not described above, RCTC retains the right to
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have the Contractor remove that vehicle operator from the duties under the FSP
program.
7.2 Operator Training
At the Contractor’s expense, all company owners, FSP vehicle operators, and back-up
vehicle operators shall be required to present a certificate of completion of a SHRP
2/TIMS training course and to complete the CHP two-day training program which costs
approximately $50.00 per vehicle operator (fee is for the DL64 Tow Truck Driver
Certificate and fingerprinting). Contractors shall pay all FSP operators and back-up
vehicle operators for attending the training. No vehicle operator will be allowed to
begin patrolling without meeting the requirements set forth in the SOP. Any vehicle
operator who is found on patrol not meeting the requirements may be prohibited from
further FSP service and the Contractor’s contract may be terminated immediately.
Mandatory CHP refresher training classes shall be attended. A minimum of four (4)
hours refresher training per year shall be required (at Contractor’s expense).
Contractors shall pay all FSP vehicle operators and back-up vehicle operators
for attending the required training.
Vehicle operators will be required to utilize DCD equipment to input information about
mileage, inspection, and each assist, which will include: location, vehicle make, model,
license number, type of assistance provided, etc. Vehicle operators will be trained on
using DCD equipment to enter data.
7.3 Operator Driving Record and Criminal History Check
As required by California Vehicle Code Section 2340, all applicants and owners are
required to have a driver’s license and criminal history check. Only after a completed
CHP 234F is received and accepted by CHP, a driver’s license and preliminary criminal
history check will be performed. The driver’s license check will consist of confirming
that the applicant has a valid driver’s license and the applicant’s point count is within
standards set forth in this SOP (refer to Chapter 11, Annex A).
The preliminary criminal history check will consist of a preliminary background check to
determine if the applicant meets the criteria for a California Tow Truck Driver Certificate
as outlined in California Public Resources Code Section 5164, California Vehicle Code
Section 13377 and the FSP Contract. In addition, RCTC or the CHP may, in its sole
discretion, require an Employer to replace any vehicle operator or reject a potential
vehicle operator who it determines is not suitable to represent the FSP Program with
the public. If the applicant passes the preliminary criminal history check, the applicant
shall submit to fingerprinting.
Driver’s license and preliminary criminal history checks will be completed by CHP
within ten (10) working days of the acceptance of a CHP 234F.
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7.4 Vehicle Operator Uniform
It shall be the responsibility of the Contractor to provide the vehicle operator with
specified uniforms, black protective toe boots, nameplate, gloves and other equipment.
The equipment includes navy blue coveralls or navy blue shirts and pants. If coveralls
are worn, they shall have a collar with a zip front. Optionally, drivers may wear a
standard navy blue (long-sleeve only) uniform shirt, with a fluorescent orange (must be
only 2.5” wide) trim, with a ½” silver reflective tape down the middle. This allowed
reflective tape must be on both sleeves. All uniforms shall be clean, properly
maintained, and replaced whenever excessively worn.
Sleeves and pant legs shall be moderately tapered to avoid excessive fullness.
A safety vest with reflective stripes shall be worn and supplied by RCTC. RCTC will
supply vests with the FSP logo patches already sewn on per CHP’s required patch
placement locations. A FSP logo patch is not required to be sewn on the navy blue
FSP vehicle operator uniform.
A detachable brass or gold nameplate shall be worn with the first initial of the first
name and full last name. Letters shall not exceed ½” tall. The nameplate shall be
worn above the right chest pocket on the safety vest. The Contractor is responsible for
obtaining FSP CHP approval of the driver nameplates, and the Contractor is
responsible for the purchase and replacement of the FSP vehicle operator nameplate.
All FSP vehicle operators shall wear general duty black work boots with protective
(steel or composite) toe.
During cold weather, a navy blue sweater or sweatshirt may be worn under the uniform
shirt/coveralls. As an option, a navy blue jacket may also be worn, if it meets all the
uniform specifications and is worn under the safety vest. Rain gear, if worn, shall be
waterproofed material and navy blue or yellow in color. Hats, if worn, shall be
baseball-type caps and navy blue in color. An "FSP" logo patch may be sewn on the
hat above the brim. No other logos/names shall be accepted. A beanie may also be
worn which must be navy blue in color and worn only with a jacket or long sleeve shirt
under the vest.
Contractor should refer to the most current SOP to ensure they are following the
most recent requirements. SOP revisions and updates shall be unilaterally issued by
RCTC, as deemed necessary by RCTC management, and all changes, revisions and
updates to the SOP, if any, shall supersede all previous or existing SOPs. A copy of
the SOP is included as part of the original RFP package.
7.5 Local Office
The Contractor shall provide a local office for contract administration purposes.
This office shall be staffed by either the Contractor or a person who has the authority to
conduct business and make decisions on behalf of the Contractor. The office shall
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have business hours coinciding with Contractor's Beat(s) hours of operation. Through
the Proposal document shown in the Contractor Representative Form, the Contractor
shall designate representatives who will be available at the office during hours of
operation to make decisions on behalf of the Contractor. The office shall be established
within close proximity to the Contractor's Beat(s) and the County of Riverside. Also
note in the Scope of Services, Section 4.4, a backup vehicle and a certified FSP
vehicle operator must be available within a 45-minute request of the Beat area.
This requirement may also determine if the local office is close enough to satisfy the
requirements under this section.
The Contractor shall also provide telephone and email through which he/she, or a
responsible representative who has the authority to conduct business and make
decisions on behalf of the Contractor, can be contacted during the non-service hours of
operation for the length of the contract. During non-business hours, an answering
machine provided at the Contractor's expense, shall be available to log calls, take
complaints, etc. An email address that is monitored daily shall be provided for
notification purposes during operational and non-service hours. The Contractor will be
responsible for having a company representative monitor and review messages/notices
on a daily basis.
7.6 Remedies and Liquidated Damages
RCTC has a need to deal contractually with a range of failures by Contractors to meet
contractual standards and requirements short of suspension or termination. Failure to
meet contractual standards and requirements constitute a default under the contract
and is subject to the various remedies provided in the contract, up to and including
termination of the contract.
It is clear that any default that is related to service or contractor’s readiness for service
will either degrade service or lead to the degradation of service. The failure to meet
contractual standards and requirements, therefore, causes damages to the FSP
program and its participants (RCTC, CHP and Caltrans) and to the public being served
by the FSP program. Because of the public service nature of the mission of the FSP,
described generally in the Standard Operating Procedures (SOP), to keep traffic and
commerce flowing on the regional freeways, the damages arising from contractor’s
failure to meet the contractual standards and requirements are impractical or extremely
difficult to ascertain on an individual basis.
The contract has therefore established a series of remedies to attempt to deal with a
range of defaults. The most egregious default will result in suspension or termination.
Lesser defaults will result in the assessment of liquidated damages. These lesser
remedies have been described in the SOP as fines, violations or penalties. This is not
a correct characterization of the intent of the remedies. The remedies arise because
the contractor is in default and the FSP and the public it serves is damaged by that
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default. The remedies are to compensate FSP for its damages and to encourage
compliance with performance requirements of the contract.
266
EXHIBIT “B”
Compensation Summary
FIRM PROJECT TASKS/ROLE COST
Prime Consultant:
Pepe’s Towing Service, Inc. FSP Services for Beat No. 7 $1,666,787.00
TOTAL COSTS $1,666,787.00
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Agreement No. 21-45-051-00
RIVERSIDE COUNTY TRANSPORTATION COMMISSION, ACTING AS THE RIVERSIDE
COUNTY SERVICE AUTHORITY FOR FREEWAY EMERGENCIES,
FOR
FREEWAY SERVICE PATROL FOR BEAT # 8 WITHIN RIVERSIDE COUNTY
WITH PEPE’S TOWING SERVICE
1.PARTIES AND DATE.
1.1 This Agreement is made and entered into as of _____day of _________,
2021, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION
(“COMMISSION”) acting as the RIVERSIDE COUNTY SERVICE AUTHORITY FOR
FREEWAY EMERGENCIES (“SAFE”) and PEPE’S TOWING SERVICE, a California
Corporation (referred to herein as “CONTRACTOR”). SAFE and CONTRACTOR are
sometimes individually referred to herein as “Party” and collectively as “Parties”.
1.2 The California Highway Patrol herein referred to as “CHP” and California
Department of Transportation, herein referred to as “Caltrans” are hereby expressly
designated as third-party beneficiaries of CONTRACTOR’s performance under this
Agreement.
2.RECITALS.
2.1 WHEREAS, COMMISSION is a California County Transportation
Commission existing under the authority of Section 130050 et seq. of the
California Public Utilities Code;
2.2 WHEREAS, COMMISSION is authorized, pursuant to Section 2550 et
seq. of the California Streets and Highways Code, to act as SAFE for
purposes of providing a motorist aid system, including provision of
freeway service patrols;
2.3 WHEREAS, SAFE requires the services of a CONTRACTOR to provide
the freeway service patrol professional services as described in the
Scope of Services;
2.4 WHEREAS, SAFE has determined that CONTRACTOR is best qualified
to perform the required services;
2.5 WHEREAS, the CONTRACTOR is able and willing to perform the
required services under the terms and conditions of this Contract;
2.6 WHEREAS, COMMISSION is the short range transportation planning
agency for Riverside County, and programs federal, state, and local
funds. COMMISSION has entered into a Memorandum of Understanding
ATTACHMENT 3
268
with Caltrans and CHP to fund peak period freeway service patrols on
selected freeway segments in Riverside County; and
2.7 WHEREAS, Section 21718 (a) of the California Vehicle Code specifically
authorized CHP to be responsible for freeway service patrols stopping on
freeways for the purpose of rapid removal of impediments to traffic.
Article 3, Section 91, of the Streets and Highways Code, states that
Caltrans has responsibility to improve and maintain the state highways.
Caltrans also has the responsibility for traffic management and removing
impediments from the highways.
NOW, THEREFORE, for the consideration hereinafter stated, SAFE and CONTRACTOR
agree as follows:
3. TERMS.
3.1 General Scope of Services. The purpose of the Freeway Service Patrol
(“FSP”) program is to provide for the rapid removal of disabled vehicles and vehicles involved
in minor accidents from the freeway. Contractor promises and agrees to furnish to SAFE all
labor materials, tools, equipment, services, and incidental and customary work necessary to
fully and adequately provide the FSP 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, and the SOP manual (as defined below).
3.1.1. Contract Oversight. Caltrans and CHP will jointly oversee the
Services. Both agencies will have responsibility for overseeing Service performance and
ensuring that the CONTRACTOR abides by the terms of this Contract. CHP is responsible for
dispatch services to incident locations within the CONTRACTOR’s patrol limits. The
dispatching will be done in accordance with this Contract. A Standard Operating Procedures
(“SOP”) manual will be given to the CONTRACTOR explaining the types of incidents to which
his/her operators may be dispatched.
3.1.2 Beat Descriptions. The FSP will operate on selected freeway
segments referred to herein as “beats”. Each beat has specific turnaround locations and
designated drop locations identified by the CHP. Exhibit “A” shows the specific limits, number
of tow trucks, number of back-up trucks and hours of operation, and holidays for the
CONTRACTOR’s specific beat. SAFE reserves the right to add or delete holidays to the work
schedule, provided that SAFE provides CONTRACTOR seven (7) days advanced notice of
such addition or deletion. Travel time to and from the beat will be at the expense of the
CONTRACTOR.
3.1.3 Change Orders. At any time during the term of this Contract,
SAFE reserves the right to adjust beat specifications to better accommodate demand for the
Services, or availability of funding, at no cost to SAFE. Adjustments may include reduction in
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the hours of Services. SAFE may direct such adjustments during the course of this Contract
through written change orders, signed by SAFE, setting forth any changes to Exhibit “A”.
Changes may include a change of the specified beat(s) to other beats that SAFE determines
better serve the needs of SAFE, as well as changes to schedules and hours for the beats set
forth in Exhibit “A”. If warranted, as determined in SAFE’s sole discretion, and during the
hours of operation of the Services, the CONTRACTOR may be requested to temporarily
reassign his/her FSP operators/trucks to locations outside the assigned beat. Such
reassignments shall be at no cost to SAFE.
3.1.4. The SOP Manual. To promote a safe work environment and for
the maintenance of professionalism, the most current version of the SOP manual shall, at all
times, be followed by the CONTRACTOR and its vehicle operators. The SOP manual, as
such manual may from time to time be amended, is incorporated into this Contract by
reference. CONTRACTOR shall be notified and provided with a copy of any changes to the
SOP manual. Drivers found not to be in compliance with FSP procedures, as set forth in the
SOP manual or this Contract, may be suspended or terminated from the FSP program and
the CONTRACTOR may be fined three (3) times the hourly Contract rate in one (1) minute
increments until a replacement vehicle is provided (Driver and Truck must return to beat
compliant with all FSP requirements), or fined for the entire shift at three (3) times the hourly
rate at the discretion of the FSP Field Supervisors.
3.2 Equipment Requirements. CONTRACTOR shall comply with all
equipment requirements outlined in the attached Exhibit “A”.
3.3 Commencement of Services. The CONTRACTOR shall commence work
upon receipt of a written Notice to Proceed from SAFE.
3.4 Term. The term of this Contract shall be for a period of five (5) years,
from January 4, 2022 to January 3, 2027 unless earlier terminated as provided herein.
SAFE shall also have the right to renew this Contract from one month up to a one (1) year
term after the initial term by providing notice as provided below. SAFE must provide written
notice to CONTRACTOR no less than ninety (90) days prior to the end of the applicable term,
indicating its renewal of the Contract. CONTRACTOR shall complete the Services within the
term of this Contract, and shall meet any other established schedules and deadlines. All
applicable indemnification provisions of this Contract shall remain in effect following the
termination of this Contract. The rates shall be as follows:
SCHEDULE OF HOURLY RATES
Classification Year 1 Year 2 Year 3 Year 4 Year 5
Regular Rate $ 81.75 per
hour
$ 83.75 per
hour
$ 85.56 per
hour
$ 87.23 per
hour
$ 89.10 per
hour
CFSP/Extra Rate $ 89.93 per
hour
$ 92.12 per
hour
$ 94.12 per
hour
$ 95.95 per
hour
$ 98.01 per
hour
3.5 SAFE's Representative. SAFE hereby designates the SAFE Executive
Director or his or her designee, to act as its Representative for the performance of this
270
Contract ("SAFE’s Representative"). SAFE’s Representative shall have the authority to act on
behalf of SAFE for all purposes under this Contract. SAFE's Representative shall also review
and give approval, as needed, to the details of CONTRACTOR's work as it progresses.
CONTRACTOR shall not accept direction or orders from any person other than the SAFE’s
Representative or his or her designee.
3.6 CONTRACTOR’S Representative. CONTRACTOR hereby designates
Lorenzo Navarro, Vice President, to act as its representative for the performance of this
Contract ("CONTRACTOR’s Representative"). CONTRACTOR’s Representative shall have
full authority to act on behalf of CONTRACTOR for all purposes under this Contract. The
CONTRACTOR’s Representative shall supervise and direct the Services, using his best skill
and attention, and shall be responsible for all means, methods, techniques, sequences and
procedures and for the satisfactory coordination of all portions of the Services under this
Contract. CONTRACTOR shall work closely and cooperate fully with SAFE's Representative
and any other agencies which may have jurisdiction over or an interest in the Services.
CONTRACTOR's Representative shall be available to the SAFE staff at all reasonable times.
Any substitution in CONTRACTOR's Representative shall be approved in writing by SAFE's
Representative.
3.7 Substitution of Key Personnel. CONTRACTOR has represented to SAFE
that certain key personnel will perform and coordinate the Services under this Contract.
Should one or more of such personnel become unavailable, CONTRACTOR may substitute
other personnel of at least equal competence upon written approval by SAFE’s
Representative. In the event that SAFE’s Representative and CONTRACTOR cannot agree
as to the substitution of the key personnel, SAFE shall be entitled to terminate this Contract
for cause, pursuant to the provisions of Section 3.15. The key personnel for performance of
this Contract are: Manuel Acosta, Owner/CEO; Lorenzo Navarro, General Manager; Pete
Ortiz, Administrative Manager; Fernando Soria, Operations Manager; Laura Acosta,
Office Administrator.
3.7.1 Availability of FSP Manager. Except in the case of unpreventable
circumstances, the FSP Manager must be available at the CONTRACTOR’s office for at least
50% of each Work Day to address time sensitive issues related to this Contract or the
Services, including, but not limited to, FSP administrative responsibilities; SAFE, CHP, and
Caltrans requests; driver matters; and truck maintenance issues. CONTRACTOR shall,
within 24 hours, notify SAFE of each circumstance causing the FSP Manager not to be
available as required herein. As used in this section, the term “Work Day” shall mean and
refer to any day that FSP service is provided, during those hours of operation for Construction
FSP as identified on the attached Exhibit “A-1”.
3.8 Review of Work and Deliverables. All reports, working papers, and
similar work products prepared for submission in the course of providing Services under this
Contract may be required to be submitted to SAFE's Representative in draft form, and SAFE’s
Representative may require revisions of such drafts prior to formal submission and approval.
In the event that SAFE's Representative, in his or her sole discretion, determines the formally
submitted work product to be inadequate, SAFE's Representative may require
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CONTRACTOR to revise and resubmit the work at no cost to SAFE. Upon determination by
SAFE that CONTRACTOR has satisfactorily completed the Services required under this
Contract and within the term set forth in Section 3.4, SAFE shall give CONTRACTOR a
written Notice of Final Completion. Upon receipt of such notice, CONTRACTOR shall incur
no further costs hereunder, unless otherwise specified in the Notice of Completion.
CONTRACTOR may request issuance of a Notice of Final Completion when, in its opinion, it
has satisfactorily completed all Services required under the provisions of this Contract.
3.9 Appearance at Hearings. If and when required by SAFE, CONTRACTOR
shall render assistance at public hearings or other meetings related to the performance of the
Services.
3.10 Standard of Care: Licenses. CONTRACTOR represents and maintains
that it is skilled in the professional calling necessary to perform all Services, duties and
obligations required by this Contract. CONTRACTOR shall perform the Services and duties
in conformance to and consistent with the standards generally recognized as being employed
by professionals in the same discipline in the State of California. CONTRACTOR warrants
that all employees and subcontractors shall have sufficient skill and experience to perform the
Services assigned to them. CONTRACTOR further represents and warrants to SAFE that its
employees and subcontractors have all licenses, permits, qualifications (including medical
certification) and approvals of whatever nature that are legally required to perform the
Services, and that such licenses and approvals shall be maintained throughout the term of
this Contract. CONTRACTOR shall perform, at its own cost and expense and without
reimbursement from SAFE, 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 SAFE for all damages and other liabilities provided for
in the indemnification provisions of this Contract arising from the CONTRACTOR’s errors and
omissions. Any employee of CONTRACTOR or its subcontractors who is determined by
SAFE to be uncooperative, incompetent, a threat to the adequate or timely completion of the
Services, a threat to the safety of persons or property, or any employee who fails or refuses to
perform the Services in a manner acceptable to SAFE, shall be promptly removed from
performing the Services by the CONTRACTOR and shall not be re-employed to perform any
of the Services.
3.11 Opportunity to Cure. SAFE may provide CONTRACTOR an opportunity
to cure, at CONTRACTOR's expense, all errors and omissions which may be disclosed during
performance of the Services. Should CONTRACTOR fail to make such correction in a timely
manner, such correction may be made by SAFE, and the cost thereof charged to
CONTRACTOR.
3.12 Inspection of Work. CONTRACTOR shall allow SAFE's Representative
to inspect or review CONTRACTOR's performance of Services in progress at any time.
SAFE/Caltrans/CHP also reserves the right to audit all paperwork demonstrating that
CONTRACTOR participates in an employee alcohol/drug-testing program and the DMV Pull
Notice Program.
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3.13 Laws and Regulations. CONTRACTOR shall keep itself fully informed of
and in compliance with all local, state and federal laws, rules and regulations in any manner
affecting the performance of the Services, including all Cal/OSHA requirements, and shall
give all notices required by law. CONTRACTOR shall be solely 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 SAFE, CONTRACTOR shall be solely responsible for all costs arising therefrom.
CONTRACTOR shall defend, indemnify and hold SAFE, their officials, directors, officers,
employees and agents free and harmless, pursuant to the indemnification provisions of this
Contract, from any claim or liability arising out of any failure or alleged failure to comply with
such laws, rules or regulations.
3.14 Damage Complaints. Upon receiving a damage complaint from a motorist
assisted by the CONTRACTOR, that the CONTRACTOR damaged their vehicle while lending
assistance, the CONTRACTOR shall notify CHP immediately regarding the nature of the
damage complaint and its disposition. The CONTRACTOR shall reply to the motorist by
telephone within twenty-four (24) hours of receiving the damage complaint notification. If
necessary, the CONTRACTOR shall send either his or her authorized representative or his or
her insurance company representative to inspect the vehicle and complete an incident report
within forty-eight (48) hours after receiving the damage complaint. If the investigation shows
that damage to the vehicle could have been caused by the CONTRACTOR, the
CONTRACTOR shall negotiate in good faith to try and resolve the issue and shall report to
the CHP the result of the negotiations. All complaints shall be resolved within a reasonable
period of time after being received.
3.14.1 Complaint Review Committee. The FSP Technical Advisory
Committee (“FSP TAC”) is composed of voting members from CHP, SAFE and Caltrans.
Voting members of the FSP TAC are hereby designated as the members of the Damage
Complaint Review Committee (“DCRC”). If the DCRC finds that justifiable complaints are not
resolved within a reasonable time frame, it can recommend that payment to the
CONTRACTOR in the amount of the damage claim may be deducted from the
CONTRACTOR’s monthly invoice.
3.15 Termination.
3.15.1 Notice; Reason. SAFE may, by written notice to CONTRACTOR,
terminate this Contract, in whole or in part, including, without limitation, the geographical
territory covered by this Contract, at any time by giving written notice to CONTRACTOR of
such termination, and specifying the effective date thereof (“Notice of Termination”). Such
termination may be for SAFE’s convenience, due to lack of available funding for the Services,
or because of CONTRACTOR's failure to perform its duties and obligations under this
Contract, including, but not limited to, the failure of CONTRACTOR to timely perform Services
pursuant to the Scope of Services described in Section 3, entitled “Terms,” as well as Section
7 of the RFP. CONTRACTOR may not terminate this Contract except for cause.
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3.15.2 Discontinuance of Services. Upon receipt of the written Notice of
Termination, CONTRACTOR shall discontinue all affected Services as directed in the Notice
of Termination, and deliver to SAFE all Documents and Data, as defined in this Contract, as
may have been prepared or accumulated by CONTRACTOR in performance of the Services,
whether completed or in progress.
3.15.3 Effect of Termination For Convenience. If the termination is to be
for the convenience of SAFE, SAFE shall compensate CONTRACTOR for Services fully and
adequately provided through the effective date of termination as provided in the Notice of
Termination. Such payment shall include a pro-rated amount of profit, if applicable, up
through such effective date, but no amount shall be paid for anticipated profit on unperformed
Services past such effective date. CONTRACTOR shall provide documentation deemed
adequate by SAFE's Representative to show the Services actually completed by
CONTRACTOR prior to the effective date of termination. This Contract shall terminate on the
effective date of the Notice of Termination.
3.15.4 Effect of Termination for Cause. If the termination is for cause,
CONTRACTOR shall be compensated for those Services which have been fully and
adequately completed and accepted by SAFE as of the effective date of termination as
provided in the Notice of Termination. In such case, SAFE may take over the work and
prosecute the same to completion by contract or otherwise. Further, CONTRACTOR shall be
liable to SAFE for any reasonable additional costs or damages incurred to revise work for
which SAFE has compensated CONTRACTOR under this Contract, but which SAFE has
determined in its sole discretion needs to be revised, in part or whole. Termination of this
Contract for cause may be considered by SAFE in determining whether to enter into future
contracts with CONTRACTOR.
3.15.5 Cumulative Remedies. The rights and remedies of the Parties
provided in this Section are in addition to any other rights and remedies provided by law or
under this Contract.
3.15.6 Procurement of Similar Services. In the event this Contract is
terminated, in whole or in part, as provided by this Section, SAFE may procure, upon such
terms and in such manner as it deems appropriate, services similar to those terminated.
3.15.7 Waivers. CONTRACTOR, in executing this Contract, recognizes
that the Services may be terminated, in whole or in part, as provided in this Section.
CONTRACTOR shall not be entitled to any damages including, but not limited to, any
compensation for costs incurred to procure vehicles, meet the terms for providing the
Services, or for any other costs or expenses, and shall be deemed to have waived any and all
claims for damages, costs or expenses which may otherwise arise from SAFE's termination of
this Contract, for convenience or cause, as provided in this Section.
3.15.8 Authorization to Terminate. The Executive Director of SAFE shall
have the full authority and discretion to exercise SAFE’s rights under this Section 3.15,
entitled “Termination”.
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3.16 Trend Meetings. CONTRACTOR shall attend, or send a designated
management-level representative, to all trend meetings (i.e., required FSP TAC meeting
which meets every other month). These trend meetings will encompass focused and informal
discussions concerning, but not limited to: scope, Services, schedule, current progress of
Services, relevant cost issues, and future objectives. CONTRACTOR shall be responsible for
having a representative attend all meetings (i.e., FSP TAC meetings) that has the ability to
make management-level decisions on the behalf of the CONTRACTOR. If the
CONTRACTOR cannot have a management-level representative at a meeting,
CONTRACTOR shall notify SAFE and CHP prior to the meeting. Management-level
attendance at these meetings shall be considered part of the CONTRACTOR’s contractual
responsibility. Meetings are scheduled, and CONTRACTOR will be notified of such schedule,
no later than three (3) working days prior to the meeting.
3.17 Fees and Payment.
3.17.1 Amount to be Paid. Subject to the provisions set forth below for
Services satisfactorily performed hereunder, SAFE shall pay the CONTRACTOR on a fixed
unit rate basis a ceiling price NOT TO EXCEED One Million Six Hundred Sixty-Six
Thousand Seven Hundred Eighty-Seven Dollars ($1,666,787).
3.17.2 Maximum Payment is the Ceiling Price. SAFE shall not be
obligated to pay costs which exceed the ceiling price set forth above, except as provided in
Sections 3.15 and 3.17.10. CONTRACTOR agrees to use its best efforts to perform the
services and all obligations under this Contract within such ceiling price.
3.17.3 Hourly Rate; Break and Meal Periods. For its performance of the
Services, the CONTRACTOR shall be paid for labor expended directly in the performance of
the Services at the rates specified below. Payments shall be made monthly in arrears based
on Services provided and allowable incurred expenses. The CONTRACTOR shall not be
entitled to reimbursements for any expenses unless approved in advance in writing.
SCHEDULE OF HOURLY RATES
Classification Year 1 Year 2 Year 3 Year 4 Year 5
Regular Rate $ 81.75 per
hour
$ 83.75 per
hour
$ 85.56 per
hour
$ 87.23 per
hour
$ 89.10 per
hour
CFSP/Extra Rate $ 89.93 per
hour
$ 92.12 per
hour
$ 94.12 per
hour
$ 95.95 per
hour
$ 98.01 per
hour
Hourly rates may be adjusted as set forth in Chapter 9, Violations/Penalties, of the FSP
Standard Operating Procedures (SOP).
A) CONTRACTOR is responsible for compliance with all
California labor laws related to break periods and meal periods including, but not limited
to, compliance with Labor Code section 512. CONTRACTOR shall be solely responsible
for any additional pay to which its drivers may be entitled for CONTRACTOR’s failure to
comply with the California labor law requirements.
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B) During shifts that require drivers to be provided a 30-
minute meal period break pursuant to Labor Code section 512, CONTRACTOR shall
either make arrangements for another certified driver to provide Services during those
breaks or not be compensated for each 30-minute meal period break during which
Services are not provided. In no case shall CONTRACTOR be entitled to bill RCTC for
time during which a driver is taking a meal period break.
3.17.4 Payment Coverage. The compensation herein above specified will
cover and include all applicable labor surcharges such as taxes, insurance and fringe
benefits, as well as indirect costs, overhead, general and administrative expense, and profit.
3.17.5 Cost Principles.
A) CONTRACTOR agrees to comply with 2 CFR, Part 225,
Cost Principles for State and Local Government, and 2 CFR, Part 200, Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards.
B) CONTRACTOR agrees that 1) Contract Cost Principles and
Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq.,
shall be used to determine the allowability of individual cost items, and 2) CONTRACTOR
shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200,
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards.
C) Any costs for which CONTRACTOR has received payment
or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part
225, 48 CFR, Chapter 1, Part 31 or 2 CFR, Part 200, are subject to repayment by
CONTRACTOR to SAFE. Should CONTRACTOR fail to reimburse moneys due SAFE
within 30 days of demand, or within such other period as may be agreed in writing
between the Parties hereto, SAFE is authorized to intercept and withhold future payments
due CONTRACTOR from SAFE or any third-party source, including, but not limited to, the
State Treasurer, the State Controller, and the California Transportation Commission.
3.17.6 Fines. Fines for starting late; leaving early; taking more breaks
than authorized; or being ordered out of service by a CHP, SAFE Representative or
Caltrans supervisor for Contract infractions shall be deducted from the CONTRACTOR’s
monthly invoice at five (5) times the hourly rate, plus the loss of revenue for the down time.
Fines may be further described in the attached Exhibit “A” or Exhibit “B”.
3.17.7 Accounting System. CONTRACTOR and its subcontractors
shall establish and maintain an accounting system and records that properly accumulate
and segregate expenditures by line item for the Services. The accounting system of
CONTRACTOR and its subcontractors shall conform to Generally Accepted Accounting
Principles (GAAP), enable the determination of incurred costs at interim points of
completion, and provide support for reimbursement payment vouchers or invoices.
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3.17.8 Invoices. Invoices for CONTRACTOR’s Services shall be
submitted monthly on forms approved by SAFE. Invoices will be routinely verified by CHP.
To ensure prompt payment, most billing disputes may be resolved within ten (10) working
days of written notice of dispute. However, at SAFE’s discretion, reconciliation of disputed
fines that sum to less than 2% of the months’ Invoice may be corrected on the next month’s
Invoice to ensure prompt payment of the major portion of the invoice. Each Invoice shall
include a cover sheet bearing a certification as to the accuracy of the statement signed by the
CONTRACTOR’s authorized officer. Invoices shall be mailed to SAFE’s Contract
Administrator at the following address:
Riverside County Service Authority for Freeway Emergencies
FSP Program
P.O. Box 12008
Riverside, CA
92502-2208
Attn: Brian Cunanan
3.17.8.1 Payment Schedule. Invoice periods shall be based upon
a calendar month, beginning with the first day of the month. SAFE shall reimburse
CONTRACTOR for Services adequately provided under this Contract within thirty (30) days of
receiving the current period invoice with no errors. If the Invoice is completed incorrectly by
the CONTRACTOR it will delay payment. If SAFE fails to pay any amount owed to
CONTRACTOR under this Contract within thirty (30) days after receipt of the invoice,
CONTRACTOR may give SAFE a notice of failure to pay which shall set forth the invoice(s)
and amount(s) which CONTRACTOR believes are thirty (30) days overdue. SAFE shall pay
any undisputed invoice(s) and amount(s) within thirty (30) days of receipt of a notice of failure
to pay.
3.17.9 Right to Audit. For the purpose of determining compliance with this
Contract and other matters connected with the performance of CONTRACTOR’s contracts
with third parties, CONTRACTOR and its subcontractors 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 CONTRACTOR. SAFE, the State of California acting
through the Department of Transportation or its duly authorized representative, the California
State Auditor, 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 CONTRACTOR shall furnish copies thereof if requested.
3.17.10 Taxes. CONTRACTOR shall pay any sales, use, or other taxes,
if any, attributable to the provision of the Services.
3.17.11 Travel and Subsistence. Payments to CONTRACTOR for travel
and subsistence expenses claimed for reimbursement or applied as local match credit shall
not exceed rates authorized to be paid exempt non-represented State employees under
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current State Department of Personnel Administration (DPA) rules. If the rates invoiced are in
excess of those authorized DPA rates, then CONTRACTOR is responsible for the cost
difference and any overpayments shall be reimbursed to SAFE on demand.
3.17.12 Employment Adverse to the SAFE. CONTRACTOR shall notify
SAFE, and shall obtain SAFE’s written consent, prior to accepting work to assist with or
participate in a third-party lawsuit or other legal or administrative proceeding against SAFE
during the term of this Contract.
3.17.13 Extra Work. At any time during the term of this Contract, SAFE
may request CONTRACTOR to perform Extra Work. “Extra Work” shall mean any work which
is determined by SAFE to be necessary for proper completion of the Services, but which the
Parties did not reasonably anticipate would be necessary at the time of the execution of this
Contract and was not included in the Scope of Services. Extra Work, if any, shall be
reimbursed at the same hourly rate as identified in Section 3.17.3. CONTRACTOR shall not
perform, nor be compensated for Extra Work without obtaining authorization in the form of a
written Extra Work Order issued by SAFE’s Representative. For instance, Construction FSP
services as it relates to construction activity can be considered Extra Work. In the event an
Extra Work Order is not issued and signed by SAFE’s Representative, CONTRACTOR shall
not provide such Extra Work. However, no compensation or reimbursement for Extra Work
shall be paid if it is not authorized by SAFE and if the cumulative total of such Extra Work
under the Contract exceeds $25,000. All Extra Work in a cumulative total in excess of
$25,000 must be approved in advance by amendment to this Contract.
3.17.13.1 Extra Work Cancellation Policy. If a tow operator is
scheduled for Extra Work and they are notified of a cancellation with LESS than a 24 hour
notice – then the tow operator will be reimbursed for three (3) hours of the agreed upon
contract hourly rate. Note: The minimum of the three (3) hours should cover eight hours of
the drivers’ hourly wage. Starting with “Less than a 24 hour cancellation notice” up to the time
the tow operator is on the assigned Extra Work Beat, the “three contract hour cancellation
rate” remains the same. Once the tow operator is on the Extra Work Beat, the cancellation
policy changes.
If a tow operator begins the Extra Work (the truck is on the Beat) and is then notified that
Extra Work has been cancelled, the FSP operator will be paid for the entire shift period up to
a maximum of eight (8) hours. A shift period for this policy is defined as: the time period of
the actual Extra Work shift assigned or for a maximum of eight (8) contract hours, whichever
is less.
The supervising FSP CHP Officer for the Extra Work shift will make the final determination as
to whether or not the tow operator will continue to work the Extra Work shift. Regardless, the
tow operator will be reimbursed for the original shift period or a maximum or eight (8) hours,
whichever is less.
3.17.14 Most Favored Customer. CONTRACTOR agrees that,
throughout the term of this Contract, it shall not enter into any FSP services agreement with
any government agency with whom it has either existing contractual relationship or has no
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contractual relationship that predates this Contract, pursuant to which CONTRACTOR agrees
to charge FSP services fees less than those as indicated in this Contract for substantially the
same level of FSP services contemplated by this Contract. Should SAFE establish that such
lower fees have been agreed to by CONTRACTOR with another government agency,
CONTRACTOR agrees to renegotiate the fees or to refund SAFE an amount equal to the
difference between the fees indicated in this Contract and the fees charged to other
government agency customer.
3.18 Delay in Performance.
3.18.1 Excusable Delays. Neither Party shall be considered in default in
the performance of its obligations to the extent that the performance of any such obligation is
prevented or delayed by an Excusable Delay. Should CONTRACTOR be delayed or
prevented from the timely performance of any act or Services required by the terms of the
Contract by an Excusable Delay, Contractor’s schedule for completion of tasks affected by
such delay may be extended as set forth in Section 3.18.2. But in every case,
CONTRACTOR’s failure to perform must be reasonably beyond the control, and without the
fault or negligence of the CONTRACTOR. Excusable Delays are acts of God or of the public
enemy, acts or omissions of SAFE or other governmental agencies in either their sovereign or
contractual capacities, fires, floods, epidemics, quarantine restrictions, strikes, freight
embargoes or unusually severe weather.
3.18.2 Written Notice. If CONTRACTOR believes it is entitled to an
extension of time due to conditions set forth in subsection 3.18.1, CONTRACTOR shall
provide written notice to the SAFE within seven (7) working days from the time
CONTRACTOR knows, or reasonably should have known, that performance of the Services
will be delayed due to such conditions. Failure of CONTRACTOR to provide such timely
notice shall constitute a waiver by CONTRACTOR of any right to an excusable delay in time
of performance.
3.18.3 Mutual Contract. Performance of any Services under this Contract
may be delayed upon mutual agreement of the Parties. Upon such agreement,
CONTRACTOR's Schedule of Services (as defined in their Proposal) shall be extended as
necessary by SAFE. CONTRACTOR shall take all reasonable steps to minimize delay in
completion, and additional costs, resulting from any such extension.
3.19 Status of CONTRACTOR/Subcontractors.
3.19.1 Independent Contractor. The Services shall be performed by
CONTRACTOR or under its supervision. CONTRACTOR will determine the means, methods
and details of performing the Services subject to the requirements of this Contract. SAFE
retains CONTRACTOR on an independent contractor basis and not as an employee, agent or
representative of the SAFE. CONTRACTOR retains the right to perform similar or different
services for others during the term of this Contract. Any additional personnel performing the
Services under this Contract on behalf of CONTRACTOR shall at all times be under
CONTRACTOR's exclusive direction and control. CONTRACTOR shall pay all wages,
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salaries and other amounts due such personnel in connection with their performance of
Services and as required by law. CONTRACTOR shall be responsible for all reports and
obligations respecting such personnel, including but not limited to, social security taxes,
income tax withholdings, unemployment insurance, disability insurance, and workers'
compensation insurance.
3.19.2 Assignment or Transfer. CONTRACTOR shall not assign,
hypothecate, or transfer, either directly or by operation of law, this Contract or any interest
herein, without the prior written consent of SAFE. 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. Notwithstanding the foregoing, SAFE
may transfer or assign any and all of its rights and obligations under this Contract, including,
without limitation the rights to terminate this Contract, as assigned, pursuant to Section 3.15
hereof.
3.19.3 Subcontracting. CONTRACTOR shall not subcontract any portion
of the work or Services required by this Contract, except as expressly stated herein, including
the Scope of Services, without prior written approval of the SAFE. Subcontracts, if any, shall
contain a provision making them subject to all provisions stipulated in this Contract. SAFE
shall have no liability to any subconsultant(s) for payment for services under this Contract or
other work performed for CONTRACTOR, and any subcontract entered into by
CONTRACTOR pursuant to the conduct of services under this Contract shall duly note that
the responsibility for payment for the technical services or any other work performed shall be
the sole responsibility of CONTRACTOR.
3.20 CONTRACTOR will maintain an inventory of all non-expendable
equipment, defined as having a useful life of at least two years and an acquisition cost of
$500 or more, paid for with funds provided pursuant to this Contract.
3.21 Ownership of Materials and Confidentiality.
3.21.1 Documents & Data; Licensing of Intellectual Property. All plans,
specifications, studies, drawings, estimates, materials, data, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings, spreadsheets, or data magnetically or otherwise recorded on computer diskettes,
prepared by or on behalf of CONTRACTOR under this Contract (“Documents and Data”),
shall be made available to SAFE at all times during this Contract and shall become the
property of SAFE upon the completion of the term of this Contract, except that
CONTRACTOR shall have the right to retain copies of all such Documents and Data for its
records. Should CONTRACTOR, either during or following termination of this Contract, desire
to use any Documents and Data, it shall first obtain the written approval of SAFE. This
Contract creates a no-cost, nonexclusive, and perpetual license for SAFE to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in the Documents and Data which are prepared or caused to be prepared by
CONTRACTOR under this Contract (“Intellectual Property”). CONTRACTOR shall require all
subcontractors to agree in writing that SAFE is granted a no-cost, nonexclusive, and
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perpetual license for any Intellectual Property the subcontractor prepares under this Contract.
CONTRACTOR represents and warrants that CONTRACTOR has the legal right to license
any and all Intellectual Property prepared or caused to be prepared by CONTRACTOR under
this Contract. SAFE shall not be limited in any way in its use of the Intellectual Property at
any time, provided that any such use not within the purposes intended by this Contract shall
be at SAFE's sole risk.
3.21.2 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 Contract shall be held confidential by
CONTRACTOR to the extent permitted by law, including, without limitation, the California
Public Records Act, Government Code section 6250 et seq. Such materials shall not, without
the prior written consent of SAFE, be used by CONTRACTOR for any purposes other than
the performance of the Services as provided herein. Nor shall such materials be disclosed to
any person or entity not connected with the performance of the Services, except as provided
herein. Nothing furnished to CONTRACTOR which is otherwise known to CONTRACTOR or
is generally known, or becomes known, to the related industry shall be deemed confidential.
CONTRACTOR shall not use SAFE's name or insignia, photographs, or any publicity
pertaining to the Services in any magazine, trade paper, newspaper, television or radio
production, or other similar medium without the prior written consent of SAFE.
3.22 Indemnification. CONTRACTOR shall indemnify and hold SAFE,
COMMISSION, CHP, Caltrans and their directors, officials, officers, agents, contractors,
consultants, 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 acts, omissions, or willful misconduct of the CONTRACTOR, its officials, officers,
employees, agents, consultants, and contractors arising out of or in connection with the
performance of the Services or this Contract, including without limitation, the payment of all
consequential damages 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 SAFE,
COMMISSION, CHP, Caltrans or their directors, officials, officers, agents, contractors,
consultants, employees, and volunteers. CONTRACTOR shall pay and satisfy any judgment,
award, or decree that may be rendered against SAFE, COMMISSION, CHP, Caltrans or their
directors, officials, officers, agents, consultants, employees, and volunteers, in any such suit,
action, or other legal proceeding. CONTRACTOR shall reimburse SAFE, COMMISSION,
CHP, Caltrans and their directors, officials, officers, agents, consultants, employees, and
volunteers, for any and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. CONTRACTOR’s obligation to
indemnify shall not be restricted to insurance proceeds, if any, received by the
CONTRACTOR, SAFE, COMMISSION, CHP, Caltrans or their directors, officials, officers,
agents, consultants, employees, and volunteers.
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3.23 Insurance.
3.23.1 Time for Compliance. CONTRACTOR shall not commence work
under this Agreement until it has provided evidence satisfactory to SAFE that it has secured
all insurance required under this section, in a form and with insurance companies acceptable
to SAFE. In addition, CONTRACTOR shall not allow any subcontractor to commence work
on any subcontract until it has secured all insurance required under this section.
3.23.2 Minimum Requirements. CONTRACTOR shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance
of the Agreement by the CONTRACTOR, its agents, representatives, employees or
subcontractors. CONTRACTOR shall also require all of its subcontractors to procure and
maintain the same insurance for the duration of the Agreement. Such insurance shall meet at
least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad
as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001 or exact equivalent); (2)
Automobile Liability: Insurance Services Office Business Auto Coverage (form CA 0001, code
1 (any auto) or exact equivalent); and (3) Workers’ Compensation and Employer’s Liability:
Workers’ Compensation insurance as required by the State of California and Employer’s
Liability Insurance.
(B) Minimum Limits of Insurance. CONTRACTOR shall maintain limits
no less than:
(i) General Liability:
Per occurrence: $2,000,000
Project Specific Aggregate: $4,000,000
Products/Completed Operations: $1,000,000
Personal Injury Limit: $1,000,000
(ii) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage; and
(iii) 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.
3.23.3 On-Hook Insurance. CONTRACTOR shall maintain a policy of
On-Hook Towing Insurance to include the care, custody or control exposure present while
vehicles are being serviced roadside, on-hook, or in a storage yard for not less than one
hundred thousand dollars ($100,000).
3.23.4 Insurance Endorsements. The insurance policies shall contain the
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following provisions, or CONTRACTOR shall provide endorsements on forms approved by
SAFE to add the following provisions to the insurance policies:
(A) General Liability.
(i) Commercial General Liability Insurance must include coverage for
(1) bodily Injury and property damage; (2) personal Injury/advertising Injury; (3)
premises/operations liability; (4) products/completed operations liability; (5) aggregate limits
that apply per Project; (6) explosion, collapse and underground (UCX) exclusion deleted; (7)
contractual liability with respect to this Agreement; (8) broad form property damage; and (9)
independent consultants coverage.
(ii) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one
insured against another; or (3) contain any other exclusion contrary to this Agreement.
(iii) The policy shall give SAFE, COMMISSION, CHP, Caltrans and
their directors, officials, officers, employees, and agents insured status using ISO
endorsement forms 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same
coverage.
(iv) The additional insured coverage under the policy shall be “primary
and non-contributory” and will not seek contribution from SAFE, COMMISSION, CHP, or
Caltrans insurance or self-insurance and shall be at least as broad as CG 20 01 04 13, or
endorsements providing the exact same coverage.
(B) Automobile Liability. The automobile liability policy shall be
endorsed to state that: (1) SAFE, COMMISSION, CHP, Caltrans and their directors, officials,
officers, employees and agents shall be covered as additional insureds with respect to the
ownership, operation, maintenance, use, loading or unloading of any auto owned, leased,
hired or borrowed by the CONTRACTOR or for which the CONTRACTOR is responsible; and
(2) the insurance coverage shall be primary insurance as respects SAFE, COMMISSION,
CHP, Caltrans and their directors, officials, officers, employees and agents, or if excess, shall
stand in an unbroken chain of coverage excess of the CONTRACTOR’s scheduled underlying
coverage. Any insurance or self-insurance maintained by SAFE, COMMISSION, CHP,
Caltrans or their directors, officials, officers, employees and agents shall be excess of the
CONTRACTOR’s insurance and shall not be called upon to contribute with it in any way.
(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.
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(ii) The insurer shall agree to waive all rights of subrogation against
SAFE, 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.
(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
SAFE, 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 and non-contributory basis for the benefit of SAFE, COMMISSION, CHP,
and Caltrans (if agreed to in a written contract or agreement) before SAFE, COMMISSION,
CHP or Caltrans 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 SAFE 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 SAFE 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
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coverage to be maintained by CONTRACTOR, and any approval of said insurance by SAFE,
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.
(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, SAFE has the right but not the duty to obtain the insurance it
deems necessary and any premium paid by SAFE will be promptly reimbursed by
CONTRACTOR or SAFE will withhold amounts sufficient to pay premium from
CONTRACTOR payments. In the alternative, SAFE may cancel this Agreement. SAFE may
require the CONTRACTOR to provide complete copies of all insurance policies in effect for
the duration of the Project.
(viii) Neither SAFE, COMMISSION, CHP, Caltrans nor any of their
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:
3.23.5 Deductibles and Self-Insurance Retentions. Any deductibles or
self-insured retentions must be declared to and approved by SAFE. If SAFE does not
approve the deductibles or self-insured retentions as presented, CONTRACTOR shall
guarantee that, at the option of SAFE, either: (1) the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects SAFE, its directors, officials, officers,
employees and agents; or, (2) the CONTRACTOR shall procure a bond guaranteeing
payment of losses and related investigation costs, claims and administrative and defense
expenses.
3.23.6 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 SAFE.
3.23.7 Verification of Coverage. CONTRACTOR shall furnish SAFE with
original certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to SAFE. 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 SAFE before
work commences. SAFE reserves the right to require complete, certified copies of all
required insurance policies, at any time.
3.23.8 Subcontractor Insurance Requirements. CONTRACTOR shall not
allow any subcontractors to commence work on any subcontract until they have provided
evidence satisfactory to SAFE that they have secured all insurance required under this
section. Policies of commercial general liability insurance provided by such subcontractors or
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subcontractors shall be endorsed to name SAFE, COMMISSION, CHP and Caltrans as
additional insureds using ISO form CG 20 38 04 13 or an endorsement providing the exact
same coverage. If requested by CONTRACTOR, SAFE may approve different scopes or
minimum limits of insurance for particular subcontractors or subcontractors.
3.23.9 Review of Coverage. SAFE retains the right at any time to review
the coverage, form and amount of insurance required herein and may require CONTRACTOR
to obtain additional insurance reasonably sufficient in coverage, form, amount to provide
adequate protection against the kind and extent of risk which exists at the time of change in
insurance required.
3.23.10 Safety. CONTRACTOR shall execute and maintain its work so
as to avoid injury or damage to any person or property. In carrying out its Services, the
CONTRACTOR shall at all times be in compliance with all applicable local, state and federal
laws, rules and regulations, and shall exercise all necessary precautions for the safety of
employees appropriate to the nature of the work and the conditions under which the work is to
be performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and life saving equipment and procedures; (B) instructions in accident
prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall
protection ladders, bridges, gang planks, confined space procedures, trenching and shoring,
equipment and other safety devices, equipment, and wearing apparel as are necessary or
lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper
inspection and maintenance of all safety measures.
3.24 Prohibited Interests.
3.24.1 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 Contract. 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, percentage, brokerage fee, gift, or
other consideration contingent upon or resulting from the award or making of this Contract.
For breach or violation of this warranty, SAFE shall have the right to rescind this Contract
without liability.
3.24.2 Conflict of Interest. For the term of this Contract, no member,
officer or employee of SAFE, during the term of his or her service with SAFE, shall have any
direct interest in this Contract, or obtain any present or anticipated material benefit arising
therefrom.
3.24.3 Conflict of Employment. Employment by the CONTRACTOR of
personnel currently on the payroll of SAFE shall not be permitted in the performance of this
Contract, 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 SAFE payroll within one year prior to the
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date of execution of this Contract, where this employment is caused by, and or dependent
upon, the CONTRACTOR securing this or related Contracts with SAFE, is prohibited.
3.25 Equal Opportunity Employment. CONTRACTOR represents that it is an
equal opportunity employer and it shall not discriminate against any subcontractor, employee,
or applicant for employment because of race, religion, color, national origin, ancestry, sex,
age, disability (including HIV and AIDS), mental disability, medical condition (cancer), marital
status, denial of family and medical care leave, or denial of pregnancy disability leave. Such
non-discrimination shall include, but not be limited to, all activities related to initial
employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or
termination. Employment and Housing Act (Gov. Code Section 12900 et seq.) and the
applicable regulations promulgated thereunder (Cal. Admin. Code, Tit. 2, Section 7285.0 et
seq.): The applicable regulations of the Fair Employment and Housing Commission
implementing Government Code, Sec 12900, set forth in Chapter 5 of Division 4 of Title 2 of
the California Administrative Code, Sec 12900, set forth in Chapter 5 of Division 4 of Title 2 of
the California Administrative Code are incorporated into this Contract by reference and made
a part hereof as if set forth in full. CONTRACTOR shall include the provisions of this Section
in all of CONTRACTOR’s subcontracts with respect to work under this Agreement, unless
exempted by the Regulations. CONTRACTOR shall also comply with all relevant provisions
of SAFE's Minority Business Enterprise program, Affirmative Action Plan, or other related
SAFE programs or guidelines currently in effect or hereinafter enacted.
3.26 Right to Employ Other CONTRACTORs. SAFE reserves the right to
employ other CONTRACTORs in connection with the Services.
3.27 Governing Law. The validity of this Contract and of any of its terms or
provisions, as well as the rights and duties of the parties hereunder, shall be governed by and
construed with the laws of the State of California.
3.28 Venue. The Parties acknowledge and agree that this Contract was
entered into and intended to be performed in Riverside County, California. The Parties agree
that the venue for any action or claim brought by any Party will be the Central District of
Riverside 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 agree to use their best efforts to obtain a change of
venue to the Central District of Riverside County.
3.29 Time of Essence. Time is of the essence for each and every provision of
this Contract.
3.30 Headings. Article and section headings, paragraph captions, or marginal
headings contained in this Contract are for convenience only and shall have no effect in the
construction or interpretation of any provision herein.
3.31 Notices. All notices hereunder and communications regarding
interpretation of the terms of this Contract or changes thereto shall be given to the respective
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Parties at the following addresses, or at such other addresses as the respective Parties may
provide in writing for this purpose:
CONTRACTOR:
Pepe’s Towing Service
2000 W. Key Street
Colton, CA 92324
Attn: Lorenzo Navarro
SAFE:
Riverside County Service Authority
for Freeway Emergencies
FSP Program
P.O. Box 12008
Riverside, CA
92502-2208
Attn: Brian Cunanan
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.
3.32 Electronic Delivery of Agreement. 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 the
Agreement for all purposes.
3.33 Amendment or Modification. No supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing and signed by both
Parties.
3.34 Entire Contract. This Agreement contains the entire Agreement of the
Parties relating to the subject matter hereof and supersedes all prior negotiations, contracts or
understandings.
3.35 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.
3.36 No Waiver. Failure of CONTRACTOR 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.
3.37 Eight-Hour Law. Pursuant to the provisions of the California Labor Code,
eight hours of labor shall constitute a legal day's work, and the time of service of any worker
employed on the work shall be limited and restricted to eight hours during any one calendar
day, and forty hours in any one calendar week, except when payment for overtime is made at
not less than one and one-half the basic rate for all hours worked in excess of eight hours per
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day ("Eight-Hour Law"), unless CONTRACTOR or the Services are not subject to the Eight-
Hour Law. CONTRACTOR shall forfeit to SAFE as a penalty, $50.00 for each worker
employed in the execution of this Agreement by him, or by any sub-consultant under him, for
each calendar day during which such workman is required or permitted to work more than
eight hours in any calendar day and forty hours in any one calendar week without such
compensation for overtime violation of the provisions of the California Labor Code, unless
CONTRACTOR or the Services are not subject to the Eight-Hour Law.
3.38 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 SAFE.
CONTRACTOR shall not respond to any such subpoena or court order until notice to the
SAFE is provided as required herein and shall cooperate with the SAFE in responding to the
subpoena or court order.
3.39 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.
3.40 Counterparts. This Agreement may be signed in one or more counterparts,
any one of which shall be effective as an original document.
3.41 Incorporation of Recitals. The recitals set forth above are true and correct
and are incorporated into this Agreement as though fully set forth herein.
3.42 Conflicting Provisions. In the event that provisions of any attached exhibits
conflict in any way with the provisions set forth in this Agreement, the language, terms and
conditions contained in this Agreement shall control the actions and obligations of the Parties
and the interpretation of the Parties’ understanding concerning the performance of the
Services. In the event the standards set forth in this Agreement conflict with the standards set
forth in any exhibit hereto, the higher standard shall govern.
3.43 Attorneys' Fees and Costs. If any legal action is instituted to enforce or
declare any Party's rights hereunder, each Party, including the prevailing Party, must bear its
own costs and attorneys' fees. This paragraph shall not apply to those costs and attorneys'
fees directly arising from any third party legal action against a Party hereto and payable under
Section 3.21, Indemnification.
3.44 Consent. Whenever consent or approval of any Party is required under
this Contract, that Party shall not unreasonably withhold nor delay such consent or approval.
3.45 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.46 Mobilization Costs Payment. Intentionally Omitted
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[Signatures on following page]
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SIGNATURE PAGE
TO AGREEMENT 21-45-051-00
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first
herein written above.
RIVERSIDE COUNTY
TRANSPORTATION COMMISSION PEPE’S TOWING SERVICE
ACTING AS THE
RIVERSIDE COUNTY SERVICE
AUTHORITY FOR FREEWAY
EMERGENCIES
By: ____________________________ By: _____________________________
Anne Mayer, Executive Director
_____________________________
Name
_____________________________
Title
APPROVED AS TO FORM: Attest:
By: ____________________________ By: ____________________________
Best Best & Krieger LLP,
Counsel to the Riverside County Its: Secretary
Service Authority for
Freeway Emergencies
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EXHIBIT “A”
Scope of Services
292
1.0 GENERAL INFORMATION
1.1 Background & Introduction
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 Freeway
Service Patrol (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 jurisdictions. In addition to funding received from
Caltrans, agencies are required to contribute a 25 percent local match. For the
Commission, SAFE revenues are used to meet this match requirement.
The Commission, acting in its capacity as the 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. Contracts to provide
FSP tow service are competitively bid as needed for each beat.
1.2 Project Description
The purpose of the FSP program is to provide a continuous roving patrol for the rapid
removal of disabled vehicles and those involved in minor accidents from the freeway.
Where traffic conditions permit, safe removal of small debris will be required. Vehicle
operators shall be responsible for clearing the freeway of automobiles, small trucks,
and small debris. When and where conditions warrant, service may be executed on
the freeway shoulders. Where conditions do not warrant, vehicle operators will remove
the vehicles from the freeway to provide service. FSP vehicles shall continuously
patrol their assigned beat, respond to CHP calls for Services, use the designated
turnaround locations, and use the CHP identified designated drop locations.
FSP vehicle operators may be required to perform minor services such as change flat
tires, provide "jump" starts, provide one gallon of gasoline or diesel fuel, temporarily
tape cooling system hoses, and refill radiators in a safe and efficient manner. Vehicle
operators may spend a maximum of ten (10) minutes per disablement in attempting to
mobilize a vehicle. If a disabled vehicle cannot be mobilized within the ten-minute (10)
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time limit, it shall be towed to a designated drop location identified by the CHP. The
motorist can request the FSP vehicle operator to call the CHP Communications Center
to request a CHP rotational tow or other services. FSP vehicle operators shall not be
allowed to tow as an independent contractor from an incident that occurred during the
FSP shift unless called as a rotation tow by CHP after the FSP shift has ended. If
called as a rotation tow after a FSP shift, the vehicle operator must remove all FSP
markings such as vests, uniforms, and magnetic vehicle signage.
There may be some instances where FSP operators may be requested to provide
assistance to CHP officers. FSP operators shall follow the instructions of the CHP
officer at the scene of any incident within the scope of the FSP program.
All FSP services shall be provided at no cost to the motorist. FSP vehicle operators
shall not accept gratuities, perform secondary towing services, recommend secondary
tows, or recommend repair/body shop businesses.
Freeway Service Patrol hours of operation are 5:30 a.m. to 8:30 a.m. and 2:30 p.m. to
6:30 p.m., Monday through Thursday; and 5:30 a.m. to 8:30 a.m. and 12:30 p.m. to
6:30 p.m. on Friday. Contractor vehicles shall be exclusively dedicated to the service
during FSP service hours. All vehicle maintenance activities shall be conducted during
non-service hours.
The FSP operates on selected freeway segments referred to as “Beats”. Each Beat
has specific turnaround locations and designated drop locations identified by the
California Highway Patrol (CHP). The Scope of Services (Section 2.0) hereunder
identifies the specific limits, number of tow trucks, number of back-up trucks, hours of
operation, and tentative holidays on which the cost of each beat shall be based. RCTC
reserves the right to add or delete holidays to the work schedule. Travel time to and
from the Beat will be at the expense of the Contractor.
To be awarded a contract, a Contractor must have a tow facility within close
proximity to the service area, have been in business as a tow service operator
for a minimum of five (5) years, and have a minimum of one (1) full year
experience working under contract/agreement and in good standing within the
last three (3) years with any type of law enforcement agency.
A Contractor with no prior FSP experience shall be considered NEW and may only be
awarded one FSP beat. A Contractor that has been terminated for cause from any
FSP contract within the state shall not be eligible to participate in the Riverside County
FSP program. A NEW Contractor, who remains in good standing, as determined by
FSP management, may be considered for additional beat awards in future
procurements. An existing Contractor that is not in good standing as determined by
information received by the FSP management staff at the time of their proposal may, at
the discretion of FSP management, be limited to the number of beats the Contractor is
awarded, including not being awarded any beats.
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FSP Management Staff reserves the right to limit the number of beats awarded to
one Contractor.
At any time during the contract's term, RCTC reserves the right to adjust Beat
specifications and Beat hours to better accommodate demand for the service, or the
availability of funding. These changes can occur during the course of the contract
through written change orders. If warranted during the service hours of operation, the
Contractor may be requested to temporarily reassign his/her FSP operators/trucks to
locations outside its assigned Beat. Tow Operators may be permitted to do this only
upon CHP and/or RCTC approval. FSP vehicle operators shall follow the instructions
of the CHP officer at the scene of any incident within the scope of the FSP program.
The contract start date for Beats 4, 7 and 8 shall be January 4, 2022. The first
day of FSP service is Tuesday, January 4, 2022. These are 5-year contracts that
expire on January 3, 2027.
If awarded a contract, the Contractor shall have one hundred seventy-three (173)
calendar days for Beat 4, 7 and 8, after the notice of award (notice of award tentatively
expected on or around July 15, 2021), in which to acquire the required equipment and
hire and train vehicle operators. The Contractor shall have the appropriate number of
primary and back-up trucks ready for equipment installation and CHP inspection no
later than December 15, 2021. Any company that cannot meet the above-mentioned
requirements shall not be awarded the contract(s).
2.0 Beat Description/Summary
FSP operates on selected freeway segments referred to as “beats”. Each beat has
specific turnaround locations and designated drop locations identified by the CHP.
The specific limits, number of tow trucks, number of back-up trucks and hours of
operation, including the holiday schedule, are detailed below. SAFE reserves the right
to add or delete holidays to the work schedule, provided that SAFE provides
CONTRACTOR seven (7) days advanced notice of such addition or deletion. Travel
time to and from the beat will be at the expense of the CONTRACTOR.
At any time, SAFE reserves the right to adjust beat specifications to better
accommodate demand for the Services, or availability of funding. These changes can
occur during the course of this Contract through written change orders. If warranted
and during the hours of operation of the Services, the CONTRACTOR may be
requested to temporarily reassign his/her FSP operators/trucks to locations outside the
assigned beat.
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5-yr Contracts: January 4, 2022 to January 3, 2027 _ a
FSP
Beat
#
Beat Description
One-Way
Length in
Miles
# Primary
FSP Trucks
in both AM
and PM
#
Backup
FSP
Trucks
4 SR91 from Magnolia Ave to
60/91/215 Interchange 11.0 2 1
7 SR60 from Milliken St to Main St 11.7 2 1
8
SR60 from Central Ave to I215 at
Alessandro Blvd to SR60 at
Theodore St
12.3 2 1
2.1 Hours of Operation:
Monday through Thursday: 5:30 a.m. to 8:30 a.m., and from 2:30 p.m. to 6:30
p.m.
Friday: 5:30 a.m. to 8:30 a.m., and from 12:30 p.m. to 6:30 p.m.
Each Beat requires at least one backup truck available at all times. RCTC
reserves the right to change Beat hours and operational requirements
during the course of the contract.
a. Total estimated service hours per vehicle/per year: 1,950
b. In addition to the above service hours, at the discretion of RCTC and
CHP, additional service may be requested on certain “high traffic days”
on/or following certain holidays (e.g., July 4th, Labor Day, and Memorial
Day). Contractor will be notified at least one week prior to when this
service is to be provided.
During FSP shifts that require a 30-minute meal period break to be provided pursuant
to Labor Code section 512, the Contractor shall either make arrangements for another
certified FSP driver to provide the contracted FSP coverage during those breaks or not
be compensated for each 30-minute meal period break during which FSP service is not
provided. In no case shall the Contractor be entitled to compensation from RCTC for
time during which its FSP driver is taking a 30-minute meal period break, unless the
Contractor has provided another driver to cover this 30-minute meal period break.
2.2 Holiday Schedule
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Proposer shall submit its cost proposal for provision of the required FSP tow
services five days each week, Monday through Friday, of each year during the
contract term, except for the following ten (10) holidays:
1. Martin Luther King, Jr. Day (Monday)
2. Presidents’ Day (Monday)
3. Memorial Day (Monday)
4. Independence Day (July 4 - varies)
5. Labor Day (Monday)
6. Veterans Day (varies)
7. Thanksgiving Day (Thursday)
8. Day after Thanksgiving (Friday)
9. Christmas Day (December 25 - varies)
10. New Year’s Day (January 1 – varies)
3.0 FSP Management and Representatives
RCTC has entered into a Memorandum of Understanding with the California
Department of Transportation (Caltrans) and CHP, in order to provide peak hour
freeway service patrols on selected freeway segments for traffic mitigation, as well as
air quality improvement within Riverside County. RCTC, Caltrans, and CHP will jointly
oversee the service. RCTC serves as the contract administrator and funding partner;
Caltrans provides oversight; and CHP is responsible for the daily operations and field
supervision of the program.
Authority for FSP derives from (a) Section 21718 (A) of the California Vehicle Code,
which allows FSP trucks supervised by the CHP to stop on freeways for the purpose of
rapid removal of impediments to traffic, and (b) Article 3, Section 91, of the Streets and
Highways Code, which states that Caltrans is responsible for traffic management and
removing impediments from the highways, as well as improving and maintaining the
state highways.
3.1 Standard Operating Procedures
The guidelines and policies of the FSP program, which promote a safe work
environment and maintain a level of professionalism, are contained in the Standard
Operating Procedures (SOP) manual developed by the CHP. The SOP and any
updates to it are incorporated into the contract with RCTC, therefore, the Contractor
and their vehicle operators are responsible to operate and adhere to the most recent
version of the SOP at all times.
Contractor shall be held responsible for maintaining an updated SOP (latest version
issued with the RFP), which is incorporated herein by reference. SOP revisions and
updates shall be unilaterally issued by RCTC or CHP, as deemed necessary by CHP
or the FSP Technical Advisory Committee, and all changes, revisions and updates to
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the SOP, if any, shall supersede all previous or existing SOPs. A copy of the SOP is
included as part of the original RFP package and additional hard or soft copies can be
provided to all interested parties upon request.
Vehicle operators or trucks found not to be in compliance with FSP procedures
defined in the SOP may be penalized, suspended, and/or terminated from the
FSP program and the company may also be assessed liquidated damages
amounts for said violations as described herein. Liquidated damages are
inclusive of other remedies at law and/or those described under the terms of the
contract.
Refer to Proposal Pricing Form for further details on violations and penalties.
4.0 Vehicles
4.1 Tow Truck Requirements
Primary and back-up FSP tow trucks shall be exclusively dedicated to the FSP
program during FSP service hours of operation. They are not required to be exclusive
during non-FSP hours. All vehicle maintenance activities shall be conducted during
non-Service hours. When conducting the Services on a FSP shift, the
CONTRACTOR’s vehicle shall display all FSP markings and the vehicle operator shall
wear a FSP uniform.
The FSP will utilize, at a minimum, Class A tow trucks with a minimum gross vehicle
weight rating of 14,000 pounds, dual wheel chassis, and a four (4) ton recovery
equipment rating. All trucks proposed for use in the FSP Program must be less than
one (1) year old with a maximum of 50,000 miles on the chassis and working parts of
the truck at the onset of the contract, free of any mechanical defects or physical
damage and have a clear (non-salvage) title. Extenuating circumstances dictating
departure from this specification should be at the consensus of the local FSP partners.
The CHP, in conjunction with Caltrans or the regional transportation agency, should
verify the original purchase dates to ensure compliance. Lastly the truck shall have
seating capabilities for five (5) adults.
All FSP tow trucks must be Department of Transportation (DOT) compliant, as well as
California Air Resources Board (CARB) compliant. This includes an engine that has
been certified by CARB, as required by law in the State of California. Any tow truck
that is utilized for the FSP Program must comply with emission standards set forth by
DOT and CARB, as well as all local, state, and federal laws associated with that truck
and as outlined in the RFP.
Each tow truck shall be equipped in accordance with the CHP’s Freeway Service
Patrol Manual and Standard Operating Procedures Manual and, at a minimum, shall
include the following:
a. Equipment & Supplies (Required)
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1. Wheel lift towing equipment, with a minimum lift rating of 3,000 pounds. All
tow equipment shall include proper safety straps.
2. Boom with a minimum static rating of 8,000 pounds.
3. Winch Cable - 8,000 pound rating on the first layer of cable.
4. Wire rope – 100ft., 3/8 inch diameter, 6 x19 or OEM specifications.
5. Two (2) Tow chains 3/8" alloy or OEM specs., J/T hook assembly.
6. Rubber faced push bumper.
7. Mounted spotlight capable of directing a beam both front and rear.
8. Amber warning lights with front and rear directional flashing capability, with
on/off switch in cab.
9. Public address system.
10. Power outlets ("hot boxes"), front and rear mounted, with outlets compatible
to 12-volt booster cables.
11. Heavy duty, 60+ amp battery.
12. Radios with the ability to communicate with the Contractor's base office
(Verizon).
13. Programmable scanners capable of scanning between the 39 and 48 MHz
used by the CHP. Scanners need to be capable of scanning CHP Police
frequencies, and must be mounted for safety concerns.
14. Suitable cab lighting.
15. Trailer hitch capable of handling a 1 7/8-inch ball and 2 inch ball.
16. One (1) 1 7/8-inch ball and one (1) 2 inch ball.
17. Rear work lights. (4)
18. Safety chain D-ring or eyelet mounted on rear of truck.
19. Motorcycle straps. (2)
20. Diesel fuel in plastic jerry cans. (5 gallons)
21. Unleaded gasoline in plastic jerry cans. (5 gallons)
22. Safety chains min. 5ft. min. 5/16” Alloy or OEM Spec. (2)
23. First aid kit (small 5" x 9"). (1)
24. Fire extinguisher aggregate rating of at least 4 B-C units. (1)
25. Pry bar - 36" or longer. (1)
26. Radiator water in plastic container. (5 gallons)
27. 4" x 4" x 48" wooden cross beam. (1)
28. 4" x 4" x 60" wooden cross beam. (1)
29. 24" wide street broom. (1)
30. Square point shovel. (1)
31. Highway flares 360 minutes min.
32. Cones 18" height, reflectorized with tape.
33. Hydraulic Floor Jack: 2-ton AND
34. 2-ton jack stand
35. Wheel chock
36. Four-way lug wrench (1 std.). (1)
37. Four-way lug wrench (1 metric). (1)
38. Rechargeable compressor or refillable air bottle, hoses and fittings
to fit tire valve stems, 100 psi capacity. (1)
39. Flashlight and spare batteries. (1)
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40. Tail lights/brake lights, portable remote with extension cord. (1 set)
41. Booster cables, 25 ft. long minimum, 3-gauge copper wire
with heavy-duty clamps and one end adapted to truck's
power outlets. (1 set)
42. Funnel, multi-purpose, flexible spout. (1)
43. Pop-Up dolly (with tow straps), portable for removing otherwise untowable
vehicles. (1)
44. 5-gallon can with lid filled with clean absorb-all. (1)
45. Empty trash can with lid (5 gallon). (1)
46. Lock out set. (1)
47. Safety glasses.
b. Equipment & Supplies (Recommended)
48. Towing slings rated at 3,000 pounds minimum. RECOMMENDED
49. Sling crossbar spacer blocks. RECOMMENDED (2)
c. Tools (Required)
Each FSP truck will be required to have a toolbox with the following minimum number
of tools/supplies. A tool kit for small equipment items is required. The list may be
supplemented at the Contractor's option and expense.
50. Screwdrivers--
i. Standard-1/8", 3/16", 1/4", 5/16" (1 each, min).
ii. Phillips head - #1 and #2 (1 each, min).
51. Needle nose pliers (1)
52. Adjustable rib joint pliers, 2" min. capacity (1)
53. Crescent wrench - 8" (1)
54. Crescent wrench - 12" (1)
55. 4 lb. hammer (1)
56. Rubber mallet (1)
57. Electrical tape, roll (1)
58. Duct tape, 20-yard roll (1)
59. Tire pressure gauge (1)
60. Mechanic's wire (roll) (1)
61. Bolt cutters (1)
4.2 Tow Truck Appearance
FSP vehicles bearing the FSP title, logo, and vehicle identification number shall be
painted white (includes the hood, fenders, doors, boom, and bed area – the entire truck
is to be painted white). No trim is allowed. Lettering shall be in a blocked bold style
parallel to the ground and shall be no less than 2 inches by 2 inches and no greater
than 4 inches in height. Lettering can only be black in color (no other colors will be
permitted). Letters shall be placed on the lower body of the truck toward the cab.
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Contractor’s name on the boom is prohibited. The overall look of the truck must be
approved by CHP prior to service implementation; therefore, any questions regarding
this policy may be discussed with CHP prior to implementing, as truck compliance with
current state FSP standards is required. No other accessory equipment, signage, or
advertisements (mud flaps, stickers, employment advertisement, and so forth) shall be
mounted or installed without prior CHP approval. This includes, but is not limited to:
bras or window tint.
It shall be the vehicle operator’s responsibility to place detachable FSP markings on
each vehicle during FSP service hours and to remove the detachable markings
immediately upon completion of each shift. RCTC will supply each Contractor with the
appropriate number of detachable markings for each Beat(s). If a marking is lost or
damaged, the Contractor shall be responsible for the cost of the replacement markings.
All FSP markings shall be returned at the termination of the contract. The cost of any
RCTC and/or Caltrans/CHP supplied item and/or equipment not returned shall be
deducted from the Contractor's final payment.
FSP markings, as well as vehicle numbers, shall be required on both sides of all trucks.
The detachable markings (magnetic FSP signage) provided by RCTC, must be placed
on the center of the driver and passenger doors of the vehicle. The vehicle operator
shall be required to keep the title and logos clean, straight, and in readable condition
throughout the FSP shift. The operator is also required to keep the magnetic signage
flat (do not bend in any way), clean, and out of direct sunlight while being stored during
non-FSP operational hours.
4.3 Vehicle Inspections
Prior to commencement of service, the CHP will inspect each vehicle designated for
the FSP to ensure that it meets the vehicle specifications and to ensure that it meets or
exceeds safety requirements. These inspections will occur prior to the start of service.
Succeeding inspections will occur periodically as determined by the CHP.
Documentation of the vehicle identification number and successful completion of the
inspection will be kept on file at the CHP office and Contractor's base office.
Any unsafe, poorly maintained, or improperly equipped vehicle(s) shall be removed
from service, and if discovered to be in such a condition during the shift said vehicle(s)
shall be removed from service or repaired as directed by the CHP, and the Contractor
shall be fined three (3) times the hourly contract rate in one (1) minute
increments for the remainder of that shift, plus the loss of revenue for the down
time. Spare vehicles, also known as “back-ups”, will be required to complete the shifts
of vehicles removed from service. The Contractor will be required to have a spare FSP
vehicle available for service for the duration of each and every FSP shift.
The vehicle operator shall be required to complete a pre-operation shift inspection log
of the vehicle as well as inventory the required equipment prior to the start of each and
every shift. The vehicle operator shall be required to complete a driver log, which is
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used to track the mileage. A shift inspection/inventory log shall be completed by the
vehicle operator prior to the start of each shift and be available for inspection. Any item
missing must be replaced prior to the start of the shift. All equipment stored on top of
the truck shall be secured to the truck.
4.4 Spare/Back-Up Vehicles
The Contractor shall be required to have one FSP Certified Back-Up tow truck
available per Beat during FSP service hours that is in full compliance with the
agreement, unless otherwise authorized by RCTC and CHP in writing. During FSP
service hours, the spare vehicle shall be kept at the Contractor’s yard or staged
adjacent to the assigned beat. The FSP Certified Back-Up tow truck should be used
when a Certified Primary FSP tow truck is unavailable. The FSP Certified Back-Up tow
truck shall meet the same requirements for equipment, set-up, and color as the
Certified Primary FSP tow truck. It shall meet all the vehicle equipment specifications.
Refer to Attachment H for further details on violations and penalties.
4.5 Vehicle Breakdown and Other Missed Service
The spare vehicle must be in service on the Beat within 45 minutes of the time a
permanently dedicated vehicle is taken out of service for any reason. The Contractor
shall not be paid for the time period that the contractually required trucks are not in
service. If a vehicle is not made available within the required 45-minute time
period, the Contractor shall be fined three (3) times the hourly contract rate in
one (1) minute increments for every minute that exceeds the 45 minute
replacement period until a certified FSP compliant spare/back-up vehicle is
provided. If a truck is not ready due to breakdown at the start of a shift, the fine
time will be calculated from the start of the shift until a replacement is placed
into service. If the entire shift is missed, Contractor shall be fined for the entire
shift at three (3) times the hourly rate times the total minutes for the affected
shift.
Vehicle maintenance shall be performed during non-FSP service hours.
In addition, not having a certified FSP “spare or back-up” vehicle operator
available is not an allowable excuse for not having a spare (back-up) vehicle on
the beat within the 45-minute time period. If the Contractor does not have a
dedicated or spare truck on the Beat because a certified FSP vehicle operator is
not available, the Contractor shall be fined three (3) times the hourly contract
rate in one (1) minute increments until a certified FSP replacement vehicle
operator is provided. If the entire shift is missed because a vehicle operator was
not available, the Contractor shall be fined for the entire shift at three (3) times
the hourly rate times the total minutes for the affected shift.
5.0 Communications Equipment and Computers
5.1 Communications Equipment
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Each FSP vehicle shall be equipped with various communication devices that will
enable the vehicle operator to communicate with the CHP Communications Center. All
vehicles shall be equipped with an Automatic Vehicle Location (AVL) system, radios,
and Data Collection Devices (DCD). The AVL system, radio, and DCD equipment shall
be purchased, owned, and supplied by RCTC. RCTC shall select the equipment
installation vendor.
The Contractor shall be responsible for maintaining the security of the vehicle
communication equipment provided by RCTC. The Contractor shall be liable for any
damage to the RCTC-owned communication equipment. The Contractor shall also be
liable for the full replacement value of the communication equipment installed in the
trucks while in the care, custody, and control of the equipment. RCTC will deduct
repair fees as well as the full replacement cost of any RCTC equipment due to
improper use or negligence by the Contractor, from any payment due to the Contractor.
RCTC-supplied vehicle communications equipment shall be returned in full working
condition upon contract termination. The cost of any equipment not returned within a
reasonable time period shall be deducted from the Contractor's final payment.
Programmable scanners capable of scanning between the 39 and 48 MHz used by
CHP shall be supplied by the Contractor and shall be installed (mounted) in all
vehicles.
The Contractor is also required to use Verizon wireless cell phones with push-to-talk-
plus capability, or equivalent, for communications with the CHP Communications
Center and the CHP Field Supervisor. Wireless cell phones shall be purchased and
maintained by the Contractor. The Contractor will also be responsible for all operating
costs as well. In addition, tow operators are not permitted to take pictures, video, or
capture any other images while performing FSP duties during FSP operational hours.
These actions will not be tolerated, and a vehicle operator may be terminated if it is
discovered they are doing so.
In addition, any input of data into the DCD shall not be allowed while the vehicle is
being operated/driven. Use of other devices while driving/operating a vehicle such as
cell phones is prohibited by California State Law.
The FSP vehicles shall be equipped with a public address system. The public address
system shall have the capability for the driver of the disabled vehicle to hear
instructions transmitted from the cab of the FSP vehicle when the FSP vehicle is
directly to the rear of the disabled vehicle.
5.2 Computer Equipment
The Contractor must have and maintain a desktop computer workstation with high-
speed internet access and email to communicate with RCTC staff.
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The Contractor must ensure that the DCD equipment is inspected and cleaned on a
quarterly basis, or more frequently if needed. All DCD equipment should have the
exterior protective case cleaned (protective outside case) and screen protector shall be
inspected for functionality and serviceability. Worn items shall be immediately reported
to RCTC.
All DCD equipment must be kept in a secure location. During non-FSP operational
hours, DCD equipment shall not be left in a tow vehicle or go home with a vehicle
operator or anyone else. All DCD equipment must be in a designated charging area
at the tow operator’s facility during non-FSP operational hours. The DCD equipment
shall always have enough charge to complete each shift. In order to reduce instances
of technology glitches, the DCD equipment shall be turned off/turned on at least once
per week. DCD equipment is to be with the vehicle operator in their FSP truck during
FSP operational hours. Any other location shall not be permitted.
The Contractor shall immediately report any issues with the workstation or the DCD
equipment to the RCTC FSP Program Manager or one of the FSP CHP Officers.
Contractor is directly responsible to ensure their computer workstation is operating and
has internet access at all times – this is a contract requirement.
The Contractor shall provide access to the DCD equipment for RCTC staff, or their
designated designee, at any time during the course of the Contract. In addition, the
Contractor shall also make the workstation available to RCTC, or its designee, 30
calendar days prior to the start of the new service.
The Contractor shall provide an annual inspection report to RCTC indicating the status
of all equipment. RCTC will provide the submittal form. Tow operators should
consider the accurate completion and timely return of this form as part of their contract
requirements.
5.3 Equipment Tampering
Tampering with FSP communication/tracking equipment so that it does not function
properly to RCTC’s specifications, and/or is disconnected or moved (without FSP
Management authorization) from its original installed location is strictly prohibited.
This includes but is not limited to: breaking evidence tape/connection sealer on
equipment connections, cutting wires or cables, moving mounted equipment (speakers,
microphones, antennas, etc.), rerouting any wiring, disconnecting any connectors,
Contractor/subcontractor unintentionally altering equipment or connections to
equipment during vehicle maintenance or repair, or interfering with the operations of
the equipment.
If tampering is suspected, FSP Management may conduct an inspection of the
equipment on the Beat or the vehicle may be sent to a designated location determined
by FSP Management.
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1. If tampering is found while the vehicle is used during FSP operational hours,
the vehicle operator and vehicle will be immediately taken out of service and
the Contractor shall be fined in one (1) minute increments at three (3) times
their hourly rate, until such time that the back-up truck is deployed. Please
note that if tampering is discovered, the penalties (three times the hourly rate
in one minute increments) shall begin immediately upon the discovery of the
tampering. The normal 45-minute back-up truck time allowance will not be
considered “non-penalty” time under these circumstances. The penalties shall
begin immediately upon the tampering being discovered.
2. If the vehicle is suspected to have equipment that has been tampered with, it
may be sent to a designated location determined by FSP Management and
CHP for an inspection. If tampering is found, the Contractor will be
retroactively fined three (3) times the hourly rate in one (1) minute increments
from the time the tampering was first suspected. The penalties will continue
until a certified FSP back-up truck is deployed. The normal 45-minute back-up
truck time allowance will not be considered “non-penalty” under these
circumstances.
Tampering Repairs
If tampering is discovered during FSP operational hours, the vehicle will be taken out of
service and will remain out of service until the repair and the documentation can be
completed by the FSP Program designated technician. FSP Management determines
the designated technician. The transportation, labor, and repair costs will be the
responsibility of the Contractor. Costs incurred to repair and document the equipment
will be deducted from the Contractor monthly invoice.
Tampering Penalties
The Contractor will also be assessed a $250 fine (whether the tampering is discovered
while on the Beat, or if it was suspected and later confirmed) per incidence on their
monthly invoice. If it is determined that the vehicle operator tampered with the
equipment, the vehicle operator will be suspended for a minimum of 30 days for the
initial tampering offense and subject to termination from the FSP Program for any
subsequent tampering violations.
6.0 Contractor Responsibilities
6.1 Appearance at Hearings
If and when required by SAFE, Contractor shall render assistance at public hearings or
other meetings related to the performance of the Services.
6.2 Damage Complaints
Upon receiving a damage complaint from a motorist assisted by the Contractor, that
the Contractor damaged their vehicle while lending assistance, the Contractor shall
notify CHP immediately regarding the nature of the damage complaint and its
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disposition. The Contractor shall reply to the motorist by telephone within twenty-four
(24) hours of receiving the damage complaint notification from CHP. If necessary, the
Contractor shall send either his or her authorized representative or his or her insurance
company representative to inspect the vehicle and complete an incident report within
forty-eight (48) hours after receiving the damage complaint. If the investigation shows
that damage to the vehicle could have been caused by the Contractor, the Contractor
shall negotiate in good faith to try and resolve the issue and shall report to CHP the
result of the negotiations. All complaints shall be resolved within a reasonable time-
period after being received.
6.3 Complaint Review Committee
The FSP Technical Advisory Committee (“FSP TAC”) is composed of voting members
from CHP, SAFE, and Caltrans. Voting members of the FSP TAC are hereby
designated as the members of the Damage Complaint Review Committee (“DCRC”). If
the DCRC finds that justifiable complaints are not resolved within a reasonable
timeframe, it can recommend that payment to the Contractor in the amount of the
damage claim may be deducted from the Contractor monthly invoice.
6.4 Trend Meetings
Contractor shall attend, or send a designated management-level representative, to all
trend meetings (i.e., required FSP TAC meeting which meets every other month).
These trend meetings will encompass focused and informal discussions concerning,
but not limited to: scope, Services, schedule, current progress of Services, relevant
cost issues, and future objectives. Contractor shall be responsible for having a
representative attend all meetings (i.e., FSP TAC meetings) that has the ability to make
management-level decisions on the behalf of the Contractor. If the Contractor cannot
have a management-level representative at a meeting, Contractor shall notify SAFE
and CHP prior to the meeting. Management-level attendance at these meetings shall
be considered part of the Contractor’s contractual responsibility. Meetings are
scheduled, and Contractor will be notified of such schedule, no later than three (3)
working days prior to the meeting.
7.0 Vehicle Operators
7.1 Operator Qualifications and Performance
All potential vehicle operators shall be required to have a safe driving record and, at a
minimum, a valid Class C driver's license. All vehicle operators shall be 18 years of
age or older at the time of background check. Potential vehicle operators shall be
subject to driving record and criminal background checks through the California
Highway Patrol. Potential vehicle operators shall be sufficiently experienced in the
tasks of tow truck operations and proficient with all required Freeway Service Patrol
equipment to provide safe and proper service. Any certified vehicle operator from
other FSP areas will be evaluated on a case-by-case basis. All potential vehicle
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operators must be capable of demonstrating their tow operating abilities prior to formal
CHP training, also known as proficiency testing.
Additionally, the vehicle operators will be required to exercise good, sound judgment in
carrying out their duties. Vehicle operators shall be required to inform the CHP
Communications Center any time they leave the assigned Beat. This includes breaks
and replenishing expendable items, such as: gasoline, fire extinguisher, etc. The
vehicle operator shall be required to immediately notify the CHP Communications
Center upon a tow truck breakdown.
FSP vehicle operators will be responsible for accurately entering the required data into
DCD equipment every shift. Each FSP vehicle operator shall complete an inspection
worksheet prior to the commencement of driving the tow truck and a mileage log prior
to beginning service on the Beat. The FSP vehicle operator shall be required to
complete an assist record for each incident. Each assist record should be accurate.
Contractors or Operators providing false or misleading information to FSP
Management shall be subject to disciplinary action and will be handled on a case-by-
case basis.
FSP vehicle operators shall always complete the required procedures per the SOP
when handling required forms. No duplicate survey numbers should be entered into
the DCD equipment at any time. Vehicle operators are required to complete in their
entirety the Release of Liability form and Damage Release form when applicable.
These completed forms should be handed in to RCTC at a minimum every 60 days. If
it is discovered that a vehicle operator has entered duplicate survey numbers, not
properly completed the release forms, or not turned the release forms in timely, the
Contractor may be subject to penalties as outlined in Proposal Pricing Form.
CHP, Caltrans, and RCTC maintain strict drug and alcohol policies. Contractors shall
have an alcohol and drug program that includes at a minimum, a drug and alcohol free
workplace policy and an employee alcohol/drug-testing program. Any FSP vehicle
operator found working under the influence of drugs or alcohol shall be immediately
removed from the FSP program by the Contractor. The Contractor shall be
responsible for providing a certified replacement vehicle operator for that vehicle.
The Contractor shall be an active participant in the DMV Pull Notice Program.
If a vehicle operator is convicted of a crime involving a stolen vehicle, stolen property,
violence, drugs, or moral turpitude, fraud related to the towing business, or
misdemeanor or felony driving while under the influence of alcohol or a drug, the
Contractor shall permanently remove that vehicle operator from duties under the FSP
program. If a vehicle operator is charged with any of the above crimes, the Contractor
shall immediately suspend that vehicle operator from duties under this program
pending the outcome of the criminal case. If the vehicle operator is not convicted, or is
ultimately convicted of a lesser crime not described above, RCTC retains the right to
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have the Contractor remove that vehicle operator from the duties under the FSP
program.
7.2 Operator Training
At the Contractor’s expense, all company owners, FSP vehicle operators, and back-up
vehicle operators shall be required to present a certificate of completion of a SHRP
2/TIMS training course and to complete the CHP two-day training program which costs
approximately $50.00 per vehicle operator (fee is for the DL64 Tow Truck Driver
Certificate and fingerprinting). Contractors shall pay all FSP operators and back-up
vehicle operators for attending the training. No vehicle operator will be allowed to
begin patrolling without meeting the requirements set forth in the SOP. Any vehicle
operator who is found on patrol not meeting the requirements may be prohibited from
further FSP service and the Contractor’s contract may be terminated immediately.
Mandatory CHP refresher training classes shall be attended. A minimum of four (4)
hours refresher training per year shall be required (at Contractor’s expense).
Contractors shall pay all FSP vehicle operators and back-up vehicle operators
for attending the required training.
Vehicle operators will be required to utilize DCD equipment to input information about
mileage, inspection, and each assist, which will include: location, vehicle make, model,
license number, type of assistance provided, etc. Vehicle operators will be trained on
using DCD equipment to enter data.
7.3 Operator Driving Record and Criminal History Check
As required by California Vehicle Code Section 2340, all applicants and owners are
required to have a driver’s license and criminal history check. Only after a completed
CHP 234F is received and accepted by CHP, a driver’s license and preliminary criminal
history check will be performed. The driver’s license check will consist of confirming
that the applicant has a valid driver’s license and the applicant’s point count is within
standards set forth in this SOP (refer to Chapter 11, Annex A).
The preliminary criminal history check will consist of a preliminary background check to
determine if the applicant meets the criteria for a California Tow Truck Driver Certificate
as outlined in California Public Resources Code Section 5164, California Vehicle Code
Section 13377 and the FSP Contract. In addition, RCTC or the CHP may, in its sole
discretion, require an Employer to replace any vehicle operator or reject a potential
vehicle operator who it determines is not suitable to represent the FSP Program with
the public. If the applicant passes the preliminary criminal history check, the applicant
shall submit to fingerprinting.
Driver’s license and preliminary criminal history checks will be completed by CHP
within ten (10) working days of the acceptance of a CHP 234F.
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7.4 Vehicle Operator Uniform
It shall be the responsibility of the Contractor to provide the vehicle operator with
specified uniforms, black protective toe boots, nameplate, gloves and other equipment.
The equipment includes navy blue coveralls or navy blue shirts and pants. If coveralls
are worn, they shall have a collar with a zip front. Optionally, drivers may wear a
standard navy blue (long-sleeve only) uniform shirt, with a fluorescent orange (must be
only 2.5” wide) trim, with a ½” silver reflective tape down the middle. This allowed
reflective tape must be on both sleeves. All uniforms shall be clean, properly
maintained, and replaced whenever excessively worn.
Sleeves and pant legs shall be moderately tapered to avoid excessive fullness.
A safety vest with reflective stripes shall be worn and supplied by RCTC. RCTC will
supply vests with the FSP logo patches already sewn on per CHP’s required patch
placement locations. A FSP logo patch is not required to be sewn on the navy blue
FSP vehicle operator uniform.
A detachable brass or gold nameplate shall be worn with the first initial of the first
name and full last name. Letters shall not exceed ½” tall. The nameplate shall be
worn above the right chest pocket on the safety vest. The Contractor is responsible for
obtaining FSP CHP approval of the driver nameplates, and the Contractor is
responsible for the purchase and replacement of the FSP vehicle operator nameplate.
All FSP vehicle operators shall wear general duty black work boots with protective
(steel or composite) toe.
During cold weather, a navy blue sweater or sweatshirt may be worn under the uniform
shirt/coveralls. As an option, a navy blue jacket may also be worn, if it meets all the
uniform specifications and is worn under the safety vest. Rain gear, if worn, shall be
waterproofed material and navy blue or yellow in color. Hats, if worn, shall be
baseball-type caps and navy blue in color. An "FSP" logo patch may be sewn on the
hat above the brim. No other logos/names shall be accepted. A beanie may also be
worn which must be navy blue in color and worn only with a jacket or long sleeve shirt
under the vest.
Contractor should refer to the most current SOP to ensure they are following the
most recent requirements. SOP revisions and updates shall be unilaterally issued by
RCTC, as deemed necessary by RCTC management, and all changes, revisions and
updates to the SOP, if any, shall supersede all previous or existing SOPs. A copy of
the SOP is included as part of the original RFP package.
7.5 Local Office
The Contractor shall provide a local office for contract administration purposes.
This office shall be staffed by either the Contractor or a person who has the authority to
conduct business and make decisions on behalf of the Contractor. The office shall
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have business hours coinciding with Contractor's Beat(s) hours of operation. Through
the Proposal document shown in the Contractor Representative Form, the Contractor
shall designate representatives who will be available at the office during hours of
operation to make decisions on behalf of the Contractor. The office shall be established
within close proximity to the Contractor's Beat(s) and the County of Riverside. Also
note in the Scope of Services, Section 4.4, a backup vehicle and a certified FSP
vehicle operator must be available within a 45-minute request of the Beat area.
This requirement may also determine if the local office is close enough to satisfy the
requirements under this section.
The Contractor shall also provide telephone and email through which he/she, or a
responsible representative who has the authority to conduct business and make
decisions on behalf of the Contractor, can be contacted during the non-service hours of
operation for the length of the contract. During non-business hours, an answering
machine provided at the Contractor's expense, shall be available to log calls, take
complaints, etc. An email address that is monitored daily shall be provided for
notification purposes during operational and non-service hours. The Contractor will be
responsible for having a company representative monitor and review messages/notices
on a daily basis.
7.6 Remedies and Liquidated Damages
RCTC has a need to deal contractually with a range of failures by Contractors to meet
contractual standards and requirements short of suspension or termination. Failure to
meet contractual standards and requirements constitute a default under the contract
and is subject to the various remedies provided in the contract, up to and including
termination of the contract.
It is clear that any default that is related to service or contractor’s readiness for service
will either degrade service or lead to the degradation of service. The failure to meet
contractual standards and requirements, therefore, causes damages to the FSP
program and its participants (RCTC, CHP and Caltrans) and to the public being served
by the FSP program. Because of the public service nature of the mission of the FSP,
described generally in the Standard Operating Procedures (SOP), to keep traffic and
commerce flowing on the regional freeways, the damages arising from contractor’s
failure to meet the contractual standards and requirements are impractical or extremely
difficult to ascertain on an individual basis.
The contract has therefore established a series of remedies to attempt to deal with a
range of defaults. The most egregious default will result in suspension or termination.
Lesser defaults will result in the assessment of liquidated damages. These lesser
remedies have been described in the SOP as fines, violations or penalties. This is not
a correct characterization of the intent of the remedies. The remedies arise because
the contractor is in default and the FSP and the public it serves is damaged by that
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default. The remedies are to compensate FSP for its damages and to encourage
compliance with performance requirements of the contract.
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EXHIBIT “B”
Compensation Summary
FIRM PROJECT TASKS/ROLE COST
Prime Consultant:
Pepe’s Towing Service, Inc. FSP Services for Beat No. 8 $1,666,787.00
TOTAL COSTS $1,666,787.00
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Attachment 4: FSP Outreach Flyers
ATTACHMENT 4
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AGENDA ITEM 6H
Agenda Item 6H
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: July 14, 2021
TO: Riverside County Transportation Commission
FROM: David Thomas, Toll Project Delivery Director
THROUGH: Anne Mayer, Executive Director
SUBJECT: 2021 State Route 91 Implementation Plan
STAFF RECOMMENDATION:
This item is for the Commission to approve the 2021 State Route 91 Implementation Plan.
BACKGROUND INFORMATION:
In 2002, AB 1010 authored by former Assemblyman Lou Correa allowed the Orange County
Transportation Authority (OCTA) to purchase the 91 Express Lanes franchise from the California
Private Transportation Company. OCTA completed the purchase agreement in January 2003, at
a cost of $207.5 million. AB 1010 also eliminated the existing non-compete clause in the franchise
agreement that prohibited any capacity-enhancing improvements from being made to SR-91
until the year 2030. The purchase of the 91 Express Lanes and the elimination of the non-
compete clause allowed much needed improvements to be planned and implemented within the
SR-91 corridor. Caltrans Districts 8 and 12, the Commission, and OCTA have been coordinating
these improvements.
In 2008, SB 1316’s passage authorized an extension of OCTA’s tolling authority to 2065 and for
the Commission to impose tolls and fees for 50 years on transportation facilities and to use toll
revenues to construct, operate, and maintain toll facilities on SR-91 in Riverside County. SB 1316
also required the creation of the State Route 91 Advisory Committee with specific responsibilities
composed of board members from the Commission and OCTA.
SB 1316 also required the continuation of annual updates of an implementation plan of SR-91
improvements for the Legislature initially required under AB 1010. Consistent with the
legislation, OCTA and the Commission in consultation with Caltrans completed the 2021 State
Route 91 Implementation Plan (attached). The plan details proposed projects and completion
schedules for transportation improvements to Metrolink, express bus, express lanes, freeways
and interchanges, new east-west highway corridors, and high-speed rail.
SB 1316 grants the Commission the authority to expend tolls and fees on capital costs, operations
and maintenance, repair and rehabilitation, debt financing costs, and administration. Any tolls
and fees generated in excess of the expenditure needs (i.e., surplus) previously listed may be
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Agenda Item 6H
spent on transportation needs within the State Route 91 corridor from the Orange County line to
Interstate 15. These transportation needs include transit capital, transit operations, and State
Highway capital improvements for both toll and non-tolled improvements. As part of its annual
budget approval process, the Commission approved the use of tolls and fees generated from its
91 Express Lanes operations designated as surplus for various projects.
Lastly, staff posted on the Commission’s web site the SR-91 Implementation Plan for public
review and comment on May 11, 2021 for 30 days per SB 1316.
Attachment: 2021 State Route 91 Implementation Plan
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State Route 91
Implementation Plan 2021
Prepared by:
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STATE ROUTE SR IMPLEMENTATION PLAN
KEEPING MOTORISTS MOVING ON THE SR CORRIDOR
Every year since 2003, OCTA, RCTC, and stakeholders have worked
collaboratively to review a program of projects along the SR-91 corridor.
• Provides seamless connectivity between Orange and Riverside Counties
• Increases travel options
• Optimizes vehicle throughput
• Reinvests net 91 Express Lanes revenues on the SR-91 corridor to
improve regional mobility
• Investments to date: $1.9 billion
Orange County
Riverside
County
CO
M
P
LE
T
E
D
E
F
F
O
R
T
S
COST
(MILLIONS)PROJECT COMPLETION
Eastbound Lane Addition (SR-241 to SR-71)
Fifth Lane Addition (SR-55 to SR-241)
Westbound Lane at Tustin Avenue
Green River Road Overcrossing
North Main Street Corona Metrolink Parking Structure
91 Corridor Improvement Project (Initial Phase)
La Sierra Metrolink Parking Improvements
Metrolink Service Improvements
Express Bus Service
$51.2
$85.2
$24.3
$25
$1,407
$6.3
$249
$6
2016
2019
2010
2013
2016
2009
2009
2017
2019
Bi-County
BENEFITS
Orange County
AN
TI
C
I
P
A
T
E
D
P
R
O
J
E
C
T
S
COST
(MILLIONS)PROJECT CURRENT PHASE
SR-91 Improvements (SR-57 to SR-55)
Anaheim Canyon Metrolink Station Improvements
Placentia Metrolink Rail Station
15/91 Express Lanes Connector
SR-71/SR-91 Interchange Improvements
Improvements East of I-15
Construction
Preliminary Engineering
Final Design
$38
TBD
$250
$460
$29.8
$34.8
$270
TBD
Final Design
Final Design
Final Design
Final Design
Final Design
Environmental
Bi-County
Riverside County
Orange County Transportation Authority • 550 S. Main Street Orange, CA 92868
CO
N
C
E
P
T
S
LOCATION COST (MILLIONS)
Elevated 4-Lane Facility (MIS Corridor A) from SR-241 to I-15 (Post-2035) $2,720
Anaheim to Ontario International Airport Maglev High Speed Rail (Post-2035) $2,770 - $3,200
$8,855Irvine-Corona Expressway (ICE) 4-Lane Facility from SR-241/SR-133 to I-15/Cajalco Road (Post-2035)
WB SR-91 to SB SR-55 Connector Improvements (Post-2035) $75 - $150
EB SR-91 Fifth Lane Addition at SR-241 $31
Fairmont Boulevard Improvements $76.8
$43.2
$121
SR-241/SR-91 Tolled Express Lanes Connector
6th General Purpose Lane Addition (SR-241 to SR-71)
SR-91 Corridor Operations Project
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2021 SR-91 IMPLEMENTATION PLAN i
Table of Contents
Table of Contents i
Section 1: 2021 Status Report and Update 1
Section 2: Implementation Plan 13
Orange County Projects 14
Riverside County Projects 18
Bi-County Projects 22
Appendix A - Post-2035 and Conceptual Projects 26
Appendix B - COMPLETED PROJECT EXHIBITS 33
Appendix C - REFERENCES 43
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2021 SR-91 IMPLEMENTATION PLAN 1
SECTION 1: 2021 Status Report and Update
INTRODUCTION
Previous law authorized the California Department of
Transportation (Caltrans) to enter into franchise
agreements with private companies to construct and
operate four demonstration toll road projects in California.
This resulted in the development of the 91 Express Lanes
facility in Orange County. The four-lane, 10-mile toll road
runs along the median of State Route 91 (SR-91) in
northeast Orange County between the Orange/Riverside
County line and State Route 55 (SR-55). Since the 91
Express Lanes carried its first vehicle on December 27,
1995, the facility has saved users tens of millions of hours
of commuting time.
While the 91 Express Lanes facility has improved travel
time along the SR-91 corridor, provisions in the franchise
agreement between Caltrans and the private franchisee,
the California Private Transportation Company (CPTC),
prohibited Caltrans and county transportation agencies
from adding transportation capacity or operational
improvements to the SR-91 corridor through the year 2030
from Interstate 15 (I-15) in Riverside County to the
Orange/Los Angeles Counties border. Consequently, the
public agencies were barred from adding new lanes,
improving interchanges, and adding other improvements
to decrease congestion on the SR-91 freeway.
Recognizing the need to eliminate the non-compete
provision of the franchise agreement, Governor Gray
Davis signed Assembly Bill 1010 (Lou Correa) (AB 1010)
into law in September 2002, paving the way for much-
needed congestion relief for thousands of drivers who use
SR-91 to travel between Riverside and Orange Counties
each day. The bill allowed the Orange County
Transportation Authority (OCTA) to purchase the 91
Express Lanes franchise and eliminate non-compete
clause that prohibited capacity-enhancing improvements
from being made to SR-91. Although the 91 Express
Lanes operate within a 10-mile stretch of Orange County,
between SR-55 and Orange/Riverside county lines the
franchise technically allowed operation of toll lanes into
Riverside County. The purchase agreement for the 91
Express Lanes was completed on January 3, 2003,
placing the road in public hands at a cost of $207.5
million. With the elimination of the non-compete
provision through AB 1010 and the subsequent 91
Express Lanes purchase by OCTA, Orange County and
Riverside County public officials and Caltrans Districts 8
and 12 have been coordinating improvement plans for SR-
91.
Senate Bill 1316 (Lou Correa) (SB 1316) was signed into
law in September 2008 as an update to the provisions of
AB 1010. SB 1316 authorizes OCTA to transfer its rights
and interests in the Riverside County portion of SR-91 toll
lanes by assigning them to the Riverside County
Transportation Commission (RCTC) and authorizes RCTC
to operate tolls for 50 years. In 2017, RCTC opened the
extension of the 91 Express Lanes to traffic into Riverside
County with completion of the initial phase of the SR-91
Corridor Improvement Project (see Appendix B). SB 1316
also requires OCTA and RCTC, in consultation with
Caltrans, to continue to issue an annual SR-91
Implementation Plan (Plan) for SR-91 improvements
between State Route 57 (SR-57) and I-15. The Plans
prior to adoption of SB 1316 included a westerly project
limit of SR-55. The Plan establishes a program of
potential improvements to relieve congestion and improve
operations in the SR-91 corridor.
The 2021 Plan fulfills the requirement to provide the State
Legislature with an annual Implementation Plan for SR-91
improvements and builds on the 2020 Plan. This year’s
update includes concepts that were identified in the 2006
Riverside County – Orange County Major Investment
Study (MIS) as well as other project development efforts,
including the RCTC 10-Year Western County Highway
Delivery Plan that outlines a number of projects such as
the extension of the 91 Express Lanes from the
Orange/Riverside County line to I-15. The projects
included in the 2021 Plan have been infused with various
sources of local, state, and federal funding. The 2021
Plan includes overviews, status summaries, and proposed
costs and schedules for project packages to improve
mobility on SR-91. Also included are conceptual lane
diagrams (as appropriate), and discussions of key
considerations that need to be addressed in the planning
and development of each project. This Plan will provide
OCTA, RCTC, and Caltrans with a framework to
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2021 SR-91 IMPLEMENTATION PLAN 2
implement SR-91 and other related improvements. Future
annual Plan updates will continue to refine the scope,
cost, and schedule of each project included in this version
of the Plan.
91 EXPRESS LANES TOLL POLICY
GOALS
With the completion of the State Route 91 Corridor
Improvement Project’s initial phase in spring 2017, there
are now approximately 18 miles of Express Lanes
between Orange and Riverside counties. OCTA and
RCTC have adopted goals for the 91 Express Lanes to
continue to maintain a safe, reliable, and predictable travel
time for express lane users traversing seamlessly
between the two counties. The goals below take into
consideration the 91 Express Lanes as well as the SR-91
corridor at large. These guiding principles include:
• optimizing vehicle throughput at free flow speeds;
• increasing average vehicle occupancy;
• balancing capacity and demand to serve
customers who pay tolls as well as carpoolers
(3+) who are offered discounted tolls;
• paying debt service and maintaining debt service
coverage;
• generating sufficient revenue to sustain the
financial viability of the 91 Express Lanes; and
• when appropriate, reinvesting net revenues on
the SR-91 corridor to improve regional mobility.
PROJECT ACCOMPLISHMENTS
Much progress has been made since the initial 2003
SR-91 Implementation Plan was approved. The 2021
Plan includes select completed project exhibits as a
historical reference (see Appendix B).
Completed Construction/Improvement Projects
The following improvements have been constructed or
implemented:
❖ Repaved and sealed pavement surfaces, restriped,
and replaced raised channelizers on the 91 Express
Lanes.
❖ On EB SR-91 the roadway was restriped, and the
median barrier was reconstructed. This
project removed the CHP enforcement area and
extended the EB auxiliary lane from SR-71 to the
Serfas Club Drive off-ramp.
❖ The WB auxiliary lane was extended between the
County line and SR-241. This project eliminated the
lane drop at the 91 Express Lanes and extended the
existing auxiliary lane from the County line to SR-241
in the westbound direction. This improvement
minimized the traffic delays at the lane drop area,
resulting in improved vehicle progression.
❖ On WB SR-91 the roadway was restriped to extend
the auxiliary lane between SR-71 and the County line.
This resulted in a new continuous lane between
SR-71 and SR-241.
❖ Safety Improvements were constructed at the Truck
Scales. Existing shoulders were improved, lanes were
re-striped, illumination improved, and signage was
modified into and out of the EB facilities.
❖ Green River Road overcrossing replacement (see
Appendix B).
❖ Metrolink parking structure at the North Main Street
Corona Metrolink Station (see Appendix B).
❖ EB SR-91 lane addition from SR-241 to SR-71 (see
Appendix B).
❖ Additional SR-91 WB and EB travel lane between
SR-55 and SR-241 (see Appendix B).
❖ SR-91 WB bypass lane to Tustin Avenue at SR-55
(see Appendix B).
❖ Metrolink Service Improvements (see Appendix B).
❖ Initial SR-91 Corridor Improvement Project (CIP) (see
Appendix B).
❖ La Sierra Metrolink Parking Improvements (see
Appendix B)
❖ Express Bus Service (see Appendix B)
These projects provide enhanced freeway capacity and/or
improved mobility for one of the most congested segments
of SR-91.
The completed EB SR-91 lane addition project from
SR-241 to SR-71 (see Appendix B) has improved highway
operations. This project reduced travel time by
approximately 20 minutes during its opening year.
The Initial CIP project has provided significant benefits to
drivers on SR-91. This $1.4 billion investment project
included widening SR-91 by one GP lane in each direction
east of SR-71, adding collector-distributor (CD) roads and
direct south connectors at I-15/SR-91, extending the 91
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2021 SR-91 IMPLEMENTATION PLAN 3
Express Lanes to I-15, and providing system/local
interchange improvements. The new lanes and other
improvements save time, offer choice and reliability, boost
safety, enhance access and job creation, promote
ridesharing, reduce pollution and aid the movement of
goods along the region's roadways.
The WB SR-91 Widening Project completed construction
in 2016 from State College Blvd to Interstate 5 (I-5). This
project added one WB general purpose lane and removed
the dedicated exit lane to State College Blvd from the SB
SR-57 to WB SR-91 Connector that contributed to
operational issues due to the short weaving distance.
While this project falls just to the west of the limits for the
Plan study area, it will have an influence on operations
within the Plan area.
In addition, there are two projects that impact future SR-91
widening projects. The first is the $2.8 billion U.S. Army
Corps of Engineers (Corps) Santa Ana River Mainstem
project that provides flood protection from the recently
improved Prado Dam (near SR-71) to the Pacific Ocean.
The project includes many features that have already
been completed, including improvements to Seven Oaks
Dam, 30 miles of levees and modifications to original
project features including raising the Prado Dam
embankment and installation of new, larger capacity outlet
works. The Corps and Orange County Flood Control
District recently amended a cooperative agreement which
would allow the Corps to use federal funds under the
Bipartisan Budget Act to complete select features of the
project.
The other project with a direct impact to SR-91 is the $120
million Santa Ana Regional Interceptor (SARI) sewer trunk
line relocation. The existing SARI line is within the Santa
Ana River floodplain and was in jeopardy of failure due to
scour from the potential increased flood releases by the
aforementioned Corps project. This project was
completed in 2014.
SR-91 project teams have coordinated with the Corps,
Orange County Flood Control District, Caltrans, and other
federal, regional, and local agencies ito accommodate
planned SR-91 improvements adjacent to the Santa Ana
River.
Completed Designs and Reports
There are various project development phase documents
(Feasibility Reports, Studies, PSR, PA/ED, or PS&E) that
are completed, or are in draft form and anticipated to be
approved that identify mobility improvements. These
documents include:
❖ MIS – Final Project Report: Locally Preferred Strategy
Report (January 2006).
❖ Renewed Measure M Transportation Investment Plan
(November 2006).
❖ RCTC 10-Year Western County Highway Delivery
Plan (December 2006).
❖ SR-91/Fairmont Boulevard Feasibility Study
(December 2009).
❖ Corridor System Management Plan (CSMP) Orange
County SR-91 Corridor Final Report (August 2010).
❖ Renewed Measure M Early Action Plan, approved
August 2007 and subsequently renamed as the
Capital Action Plan (April 2011).
❖ PSR-PDS for SR-241/SR-91 Tolled Express Lanes
Connector (January 2012).
❖ Project Report & Environmental Document for 91
Corridor Improvement Project (October 2012)
❖ PSR-PDS on SR-91 between SR-57 and SR-55
(October 2014).
❖ SR-71/SR-91 Interchange Environmental Phase
(2011) and Final Design (2015).
❖ 2020 Next 10 Delivery Plan approved by OCTA
Board, (October 2020).
❖ Project Report & Environmental Document for 15/91
Express Lanes Connector (June 2019)
❖ Project Report & Environmental Document for 91
Corridor Operations Project (April 2020)
❖ Project Report & Environmental Document for
SR-241/SR-91 Tolled Express Lanes Connector (April
2020).
SR-91 CORRIDOR CONDITIONS
Project Limits
The project study limits encompass the segment of SR-91
from west of the junction of SR-57 and SR-91 in the City
of Anaheim in Orange County, to east of the junction of
SR-91 and I-15 in the City of Corona in Riverside County.
The freeway segment is approximately 20.3 miles long
and includes 12.7 miles within Orange County and 7.6
miles within Riverside County.
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2021 SR-91 IMPLEMENTATION PLAN 4
Existing Traffic Conditions Summary
Similar to other parts of the state, traffic conditions on
Orange County roadways including the SR-91 corridor
encountered significant variations in 2020. Due to the
COVID-19 pandemic, the Stay-at-Home Order was
imposed in mid-March of 2020 and this significantly
influenced travel patterns. Daily travel demand on the SR-
91 corridor shifted from an uptrend of 4% in January and
February of 2020 compared to the same months in 2019,
to a reduction of 12% in March and a reduction of 30% in
April, when compared to the respective months in 2019.
From May 2020 through December 2020, the SR-91 traffic
demand changes ranged from 3% to 16% lower than the
same months in 2019 (see Figure 1).
Figure 1
Due to the effects of the COVID-19 pandemic, the 2020
traffic patterns are not deemed as a true reflection of the
typical existing conditions nor as a proper baseline to
forecast the future demand and operations of the SR-91
corridor. Therefore, the 2019 traffic conditions are being
utilized for the 2021 Plan.
Traffic conditions on the SR-91 corridor are expecting
continued changes due to uncertainties related to the
COVID-19 effect. OCTA and RCTC will continue
monitoring the SR-91 traffic pattern changes throughout
the year of 2021. If traffic conditions are showing a trend
of normalization (reverting back to pre-pandemic
conditions), then the traffic analysis will be updated for the
2022 Plan.
A review of the 2019 traffic conditions in the corridor
indicates that the existing capacity of the facility is
inadequate to accommodate current and future peak
demand volumes. Level of Service (LOS) F
prevails in the peak direction during the entire peak
period. The definition of LOS F is a density of more than
45 passenger cars/lane/mile and the worst freeway
operating condition. The results also indicate that there
are several physical conditions that contribute to
unacceptable traffic queues.
During the weekdays, westbound SR-91 experiences
heavier traffic conditions during the morning commute for
travelers leaving Riverside County to employment areas in
Orange and Los Angeles counties. The corridor is
generally congested between the peak period of 6 a.m. to
10 a.m. in the westbound direction and the peak period of
3 p.m. to 7 p.m. in the eastbound direction. Due to the
high demand, congestion in the corridor occurs before and
after the peak periods. The eastbound afternoon
conditions tend to be exacerbated by the lack of receiving
capacity in the Riverside County portion of the SR-91
corridor. Accordingly, RCTC is working closely with
Caltrans District 8 to sponsor improvements that will
provide congestion relief for the eastbound afternoon
condition. Some of these improvements include the 15/91
Express Lane Connector, SR-71/SR-91 Interchange, and
Improvements East of I-15.
The following is a summary of the deficiencies identified
along the SR-91 corridor:
❖ Heavy traffic volumes to/from I-15 converge with the
SR-91 and increase delay during the morning and
evening peak hours.
❖ SR-71 traffic demand as well as physical and
operational constraints for the EB SR-91 to NB SR-71
connector contribute to mainline and EB SR-91
corridor delays.
❖ Traffic entering the WB SR-91 from the Green River
Road and SR-71 on-ramps contribute to mainline
congestion during the AM peak period.
❖ High traffic volumes entering the freeway from
Gypsum Canyon Road, Santa Ana Canyon Road,
Green River Road, Weir Canyon Road, Imperial
Highway and Lakeview Avenue contribute to
congestion on the SR-91 mainline.
❖ One of the two lanes from the Eastern Transportation
Corridor (State Route 241) connector is dropped at
the merge to EB SR-91 causing additional congestion
on the EB SR-91 general purpose lanes.
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2021 SR-91 IMPLEMENTATION PLAN 5
❖ At the NB SR-55 interchange with EB SR-91, a lane
on SR-91 is dropped (as a dedicated exit) at
Lakeview Avenue and a second lane is dropped (as a
dedicated exit) at Imperial Highway creating a weave
condition.
❖ WB SR-91 drops two GP lanes and a 91 Express
Lane to SB SR-55, contributing to mainline
congestion. This drop also occurs on the left-hand
side of SR-91, creating a weaving condition.
❖ WB traffic entering SR-91 at Lakeview Avenue
traveling to SB SR-55 contributes to mainline
congestion by weaving across three lanes on SR-91.
The existing two-lane connector from WB SR-91 to
SB SR-55 traffic volume exceeds operational capacity
causing a queue on the SR-91 mainline.
❖ A lane drop on EB SR-91 at SB SR-241 creates a
chokepoint.
Logical Project Sequencing
As noted, the SR-91 Corridor in Riverside County, in the
EB direction, lacks the receiving capacity during the
afternoon peak period which creates a bottleneck
condition. Due to the high levels of congestion
experienced on this segment of the corridor, there is
sensitivity to any changes that may affect traffic
operations. Without first addressing the congestion in
Riverside County, any performance or capacity enhancing
projects upstream would further exacerbate congested
conditions causing additional delays and queueing.
Therefore, projects that have the potential to impact
demand and/or provide additional capacity in the EB
direction should be considered in a logical sequence to
ensure that there is sufficient receiving capacity in
Riverside County.
In October 2019, a consensus was reached between
OCTA, RCTC, Caltrans, and the TCA that would set the
stage for a series of projects to be implemented in
sequential order to improve the SR-91 corridor. OCTA,
RCTC, TCA, and Caltrans, Districts 8 and 12, as well as
Caltrans Headquarters directors, worked through five
major issues. This framework will enable the streamlining
of the implementation of the SR-241/SR-91 Tolled
Express Lanes Connector project while minimizing
impacts to the 91 corridor. The subject matter of the multi-
agency consensus is outlined below:
1. Setting priorities for SR-91 corridor projects to reduce
construction-related impacts;
2. Allowing completion of the environmental approval
process and updating related programming
documents;
3. Clarifying lead agencies for final design, construction,
and maintenance;
4. Identifying the principal funding agency for final
design, construction, and maintenance; and
5. Designating lead agencies for retaining toll revenue
and toll setting/operational control.
Based on the above framework, the agencies reached
consensus on a 91 Corridor program of projects and
sequencing as outlined below:
❖ 15/91 Express Lanes Connector
❖ SR-91 Corridor Operations Project
❖ SR-71/SR-91 Interchange Improvements*
❖ SR-241/SR-91 Tolled Express Lanes Connector
*Note: SR-241/SR-91 Tolled Express Lanes Connector is
not dependent upon completion of SR-71/SR-91
Interchange Improvements
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2021 SR-91 IMPLEMENTATION PLAN 6
PROJECT SUMMARY
Many of the highway projects and concepts identified in
this 2021 Plan are based on the MIS that was completed
in January 2006. The projects are presented in the
following groups: Orange County Projects, Riverside
County Projects and Bi-County Projects. The stage of
development for each project, such as planning, final
design, construction, or procurement and implementation,
varies as noted in the project summaries. Table 1
summarizes the various planned projects, concept
projects, and completed projects. For details on each
project refer to Section 2 for planned projects and
Appendix B for selected complete projects:
❖ The Orange County projects have a total cost of
approximately $524 million. The projects include the
SR-91 improvements between SR-57 and SR-55,
Anaheim Canyon Metrolink station improvements,
and Placentia Metrolink rail station.
❖ The Riverside County projects have a total cost of
over $391 million. The improvements include: a
15/91 Express Lanes Connector, the SR-71/SR-91
Interchange Improvements, and the SR-91
improvements east of I-15.
❖ The Bi-County projects benefit both Orange and
Riverside Counties. The total cost for the Bi-County
projects exceeds $288 million. The improvements
include: SR-91 Corridor Operations Project, a Sixth
General Purpose Lane Addition (SR-241 to SR-71),
and a SR-241/SR-91 Tolled Express Lanes
Connector.
Traffic Analysis
For the 2021 Plan, the traffic analysis for major SR-91
capacity projects used the Caliper TransModeler software
model and traffic data calibrated to reflect existing traffic
patterns of 2019 as described in the prior section. This
traffic simulation model provides a better depiction of
actual travel delays experienced by motorists compared to
traditional travel demand models. The model can be used
to analyze freeway bottlenecks sometimes neglected in
traditional travel demand models. This approach is
especially important given high SR-91 traffic volumes and
the potential for relatively few vehicles to significantly slow
down traffic. For example, a minor freeway
Table 1 – SR-91 Implementation Plan Projects
Project Summary Cost ($M)
Orange County Projects
SR-91 Improvements between SR-57 and SR-55
Anaheim Canyon Metrolink Station Improvements
Placentia Metrolink Rail Station
460
29.8
34.8
SUBTOTAL 524.6
Riverside County Projects
15/91 Express Lanes Connector 270
SR-71/SR-91 Interchange Improvements 121
SR-91 Improvements East of I-15 TBD
SUBTOTAL 391+
Bi-County Projects
SR-91 Corridor Operations Project
Sixth General Purpose Lane Addition (SR-241 to SR-71)
SR-241/SR-91 Tolled Express Lanes Connector
38
TBD
250
SUBTOTAL 288+
Concept Project Summary Cost ($M)
Conceptual Projects
Elevated 4-Lane Facility (MIS Corridor A) from SR-241 to I-15 2,720
Anaheim to Ontario International Airport Maglev High Speed
Rail
2,770 –
3,200
Irvine-Corona Expressway (ICE) 4-Lane Facility from SR-
241/SR-133 to I-15/Cajalco Road
8,855
Westbound SR-91 to Southbound SR-55 Improvements 75 – 150
Eastbound SR-91 Fifth Lane Addition at SR-241 31
Fairmont Boulevard Improvements 76.8
SUBTOTAL 14,527.8–
15,032.8
Completed Project Summary Since 2006 (Constructed
Year) Cost ($M)
Green River Road Overcrossing Replacement (March 2009) 24.3
North Main Street Corona Metrolink Station Parking Structure
(June 2009)
25
Eastbound Lane Addition from SR-241 to SR-71 (September
2010)
51.2
Widen SR-91 between SR-55 and SR-241 by Adding a 5th GP
Lane in Each Direction (January 2013)
85.2
SR-91 WB Lane at Tustin Avenue (April 2016) 43.2
Metrolink Service Improvements (June 2016) 249
Initial Phase CIP: Widen SR-91 by One GP Lane in Each
Direction East of Green River Rd, CD Roads and I-15/SR-91
Direct South Connector, Extension of Express Lanes to I-15 and
System/Local Interchange Improvements (2017)
1,407
Express Bus Service (2019) 6
La Sierra Metrolink Parking Improvements (2019)
SUBTOTAL
6.3
1,897
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2021 SR-91 IMPLEMENTATION PLAN 7
merging area can cause many vehicles to slow, cascading
delay through the traffic stream, and rapidly decreasing
both speed and volume for major segments of the
freeway. The metrics reported in the Plan include travel
time from the beginning to the end of the study corridor
and vehicle hours of delay experienced on study corridor,
which both focus on operations for vehicles on SR-91. A
third metric includes vehicles served by the system in the
study corridor and takes into consideration vehicles on
ramps and freeways that feed into or are fed by SR-91 in
the study area. The operations analysis quantified travel
time savings for WB morning and EB afternoon conditions
for the following major capacity enhancing projects:
Year 2030
❖ SR-91 Improvements between SR-57 and
SR-55
❖ 15/91 Express Lanes Connector
❖ SR-71/SR-91 Interchange Improvements
❖ SR-91 Corridor Operations Project
❖ SR-241/SR-91 Tolled Express Lanes
Connector
Year 2045
❖ Projects completed in 2030
❖ SR-91 Improvements East of I-15
❖ SR-91 Sixth General Purpose Lane Addition
❖ Fairmont Boulevard Improvements
Westbound Analysis
The WB morning (a.m.) traffic analysis results indicate that
for the year 2030 forecasts, peak hour travel times are
anticipated to improve in Riverside County (by about 6
minutes) and in Orange County (by about 11 minutes). In
addition to decreasing travel time, overall vehicle hours of
delay in the corridor will decrease (by about 20 percent),
while the entire system is serving more vehicles (by about
9 percent). Bottlenecks are anticipated at the Orange-
Riverside County line and at the SR-241
interchange/Gypsum Canyon interchange area. The main
bottlenecks in Riverside County will be relieved due to the
completion of proposed projects. The bottleneck at the
SR-55 interchange will also be relieved. However, with the
additional vehicles traveling downstream, there is
additional congestion at the SR-57 interchange. For the
year 2045, travel times are anticipated to decrease (by
about 16 minutes) in Riverside County, and increase (by
about 23 minutes) in Orange County when compared to
2030. Overall vehicle hours of delay will increase (by
about 68 percent) in the corridor, but the number of
vehicles the system is serving will increase (by about 6
percent). Bottlenecks appear at SR-71 and at SR-57. Due
to the SR-71 Corridor Improvement Project, there is a
large increase of vehicles going to and from SR-71. Travel
time in Orange County shows an increase in 2045 due to
the growth in traffic, projects relieving congestion
upstream allowing more vehicles to travel downstream,
and no additional capacity enhancing projects in Orange
County. OCTA and RCTC are exploring multi-modal
opportunities on, or adjacent to, the SR-91 corridor that
could provide additional congestion relief.
Express Lanes in the westbound direction operate
satisfactorily in all the analysis years.
Eastbound Analysis
The EB evening (p.m.) traffic analysis indicates that for the
year 2030 forecasts, peak hour travel times are
anticipated to decrease (by about 7 minutes) in Riverside
County and increase (by about 11 minutes) in Orange
County. Although the overall travel time through the
corridor will increase slightly, the vehicle hours of delay
will decrease (by about 25 percent) and the number of
vehicles served by the system will increase (by about 12
percent). The major bottleneck still occurs at the county
line. Improvement projects near SR-55 and I-15 should
alleviate congestion in those areas. For the year 2045,
travel times are anticipated to increase (by about 4
minutes) in Riverside County and decrease in Orange
County (by about 18 minutes) when compared to 2030.
Overall vehicle hours of delay will increase (by about 40
percent) but the number of vehicles the system is serving
will be greater (by about 8 percent). The main bottleneck
remains at the county line. However, with the inclusion of
the Sixth General Purpose Lane Addition project, the
congestion at the county line will be reduced. More
vehicles traveling downstream will slightly increase
congestion in Riverside County near I-15.
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2021 SR-91 IMPLEMENTATION PLAN 8
Express Lanes in the eastbound direction operate
satisfactorily in all the analysis years.
Figures 1-1 and 1-2 below summarize the westbound
corridor vehicle hours of delay and systemwide served
vehicles, respectively. Figures 1-3 and 1-4 below
summarize the eastbound corridor vehicle hours of delay
and systemwide served vehicles, respectively.
Figure 1-1 – Westbound SR-91 from I-15 to SR-57 A.M. Peak Period Corridor Vehicle Hours of Delay
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2021 SR-91 IMPLEMENTATION PLAN 9
Figure 1-2 – Westbound SR-91 from I-15 to SR-57 A.M. Peak Period Systemwide Served Vehicles
Figure 1-3 – Eastbound SR-91 from SR-57 to I-15 P.M. Peak Period Corridor Vehicle Hours of Delay
327
2021 SR-91 IMPLEMENTATION PLAN 10
Figure 1-4 – Eastbound SR-91 from SR-57 to I-15 P.M. Peak Period Systemwide Served Vehicles
328
2021 SR-91 IMPLEMENTATION PLAN 11
CONCEPT PROJECT SUMMARY
Many of the highway concept projects identified in this
2021 Plan are long lead time projects and/or projects
without sufficient project development detail to be
advanced into the Project Summary section. These
potential concepts include significant environmental
constraints and right of way requirements in addition to
requiring a significant amount of planning, design, and
future policy and public input. Many of these concept
projects are multi-billion-dollar improvements that will
remain a challenge to implement. Refer to Appendix A for
details on each concept project.
IRVINE CORONA EXPRESSWAY STATUS SUMMARY
The Irvine Corona Expressway (ICE) concept was
conceived as part of the MIS and was established as part
of a suite of projects to support future peak demand
volumes between Riverside and Orange Counties. The
ICE was further evaluated in the 2009 ICE Feasibility
Study for financial and geotechnical feasibility. Seven (7)
primary feasibility issues were considered:
❖ Geologic, hydrogeologic/hydrologic, and
geotechnical conditions.
❖ Corridor concepts (full tunnel and partial
tunnel/partial surface road).
❖ Tunnel configuration.
❖ Tunnel excavation and support methods.
❖ Tunnel systems (e.g., ventilation, emergency fire
system, operation building, toll system, etc.).
❖ Construction considerations.
❖ Construction, Operation & Maintenance (O&M)
costs.
Per the direction of the Riverside-Orange Corridor
Authority Board (ROCA) in 2010, staff has reevaluated the
concept annually, as part of the preparation of this Plan, to
determine if construction costs and tunneling technology
have changed and become less prohibitive.
Planned and constructed tunnel projects were reviewed
for insight into how tunnel construction technology is
changing. Projects such as the Las Vegas
Convention Center (LVCC) Loop and the Ontario
International Airport (ONT) Loop are utilizing innovative
ideas that could deliver transit tunnel projects with faster
construction timelines and at a lower cost. These projects
propose smaller diameter tunnels (12-14 feet) and are
designed to accommodate specialized vehicles with the
intent of eventually incorporating autonomous vehicles.
The Boring Company constructed the 1.7-mile LVCC Loop
dual tunnels for $52.5 million over approximately two
years. The current estimated cost (including all phases
and support) for the 4-mile ONT Loop is $85 million.
The Boring Company plans to develop technology to
construct tunnels faster and at lower cost. To accomplish
this, The Boring Company plans to reduce tunnel
diameters and increase the speed and efficiency of TBMs.
Additional initiatives include electrifying and automating
TBMs to increase safety and efficiency.
Two shorter tunnels were constructed in California with
similar lane configurations to the ICE concept. The Devil’s
Slide Tunnel in San Mateo County and the Caldecott
Fourth Bore Tunnel in Contra Costa County both opened
in 2013. These tunnels used a method of drilling and
blasting (known as the New Austrian Tunneling Method),
rather than operating a TBM. Both tunnels were
approximately 1.2 miles long and took six years and three
years to construct, respectively.
Based on recent tunnel projects, the challenges that were
identified in the ICE Feasibility Study were also
experienced by other tunnel construction projects which
provides insight into how tunneling technologies have
changed. The New Austrian Tunneling Method may be a
way to reduce the cost of boring for the ICE tunnel. This
method was discussed in the 2009 ICE Feasibility Study
but was dismissed due to the proposed length of the ICE
tunnel concept. In the future, more investigation would be
required to assess the feasibility of using a boring method
other than a TBM, and to qualitatively assess possible
impacts to the ICE corridor construction cost and duration.
Reducing the bore diameter and proposed cross section
of the ICE corridor concept may be another way to reduce
the cost of the project. More investigation is required to
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2021 SR-91 IMPLEMENTATION PLAN 12
determine how the cross section and bore size could be
reduced. Additionally, there are several regulatory
requirements that would likely need to be considered in
designing the cross section. While it may be difficult to
reduce the highway or rail tunnel cross section, a smaller
diameter could be considered for an alternative design
vehicle. The ONT Loop and LVCC Loop are example
projects where smaller diameter bores were allowable for
autonomous transit use.
The review of recent tunneling projects shows feasibility
for the ICE tunnel concept is slowly improving as tunneling
technology is progressing. Technology has not advanced
to the point where long, wide highway tunnels can be
constructed at a lower cost. However, modern boring
methods have lowered the cost on smaller, shorter
tunnels. If this scales to larger tunnels, then the ICE
corridor could become more feasible.
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2021 SR-91 IMPLEMENTATION PLAN 13
SECTION 2: Implementation Plan
OVERVIEW
The 2021 Plan describes projects, key considerations,
benefits, current status, schedule, and costs (in 2021
dollars, or as noted) for major projects and concepts
through Post-2035. Some of the projects and concepts
identified in this Implementation Plan are based on the
MIS that was completed in January 2006. The projects
are grouped as follows: Orange County Projects,
Riverside County Projects and Bi-County Projects.
The intent of the Implementation Plan is to present a list of
projects and studies along the SR-91 corridor and
highlight coordination between OCTA, RCTC and Caltrans
to improve the corridor.
As part of the project development process, detailed
operational analysis will need to be conducted to evaluate
operational issues associated with each project. The
project development phases are discussed in the status
updates and are defined as follows:
❖ Conceptual Engineering = Pre-Project Study
Report (Pre-PSR) – Conceptual planning and
engineering for project scoping and feasibility prior to
initiating the PSR phase.
❖ Preliminary Engineering = Project Study Report
(PSR) – Conceptual planning and engineering phase
that allows for programming of funds.
❖ Environmental = Project Approval/Environmental
Document (PA/ED) – The detailed concept design
that provides environmental clearance for the project
and programs for final design and right of way
acquisition. The duration for this phase is typically
2-3 years.
❖ Design = Plans, Specifications and Estimates
(PS&E) – Provide detailed design to contractors for
construction bidding and implementation.
❖ Construction = The project has completed
construction and will provide congestion relief to
motorists.
Figure 2-1 – SR-91 Project Study Area from SR-57 to I-15
331
2021 SR-91 IMPLEMENTATION PLAN 14
Orange County Projects
The Orange County set of projects includes three improvements at a total cost of approximately $524.6 million (in 2021
dollars, or as noted). The projects include: SR-91 improvements between SR-57 and SR-55, Anaheim Canyon Metrolink
station improvements, and new Placentia Metrolink rail station. Further details for each of the projects are included in the
following summaries.
Orange County Project Summary Cost ($M)
SR-91 Improvements between SR-57 and SR-55 460
Anaheim Canyon Metrolink Station Improvements 29.8
Placentia Metrolink Rail Station 34.8
SUBTOTAL 524.6
332
SR-91 Improvements between SR-57 and SR-55
2021 SR-91 IMPLEMENTATION PLAN 15
Project Description
The project proposes to add EB capacity between SR-55 and SR-57,
improve the SR-91/SR-57 and SR-91/SR-55 interchanges and local
interchanges. In the SR-91/SR-57 interchange area, improvements
identified in Project Approval/Environmental Document (PA/ED) phase
include splitting the WB SR-91 Connector into separate exits for NB
and SB SR-57 and extending an additional lane on WB SR-91 from the
NB SR-57 to WB SR-91 connector through State College Boulevard
and terminating at the auxiliary lane to Raymond Avenue-East Street.
At the SR-91/SR-55 interchange area, a drop on-ramp from Lakeview
Avenue would be constructed between realigned WB SR-91 lanes for
direct access to SB SR-55, allowing for the exit to SB SR-55 to be
moved further east, with a barrier separating WB SR-91 and SB SR-55
traffic west of the Lakeview Avenue bridge. The 91 Express Lanes will
not be impacted by the project. In order to accommodate the
improvements, the Lakeview, Tustin, Kraemer/Glassell, and La Palma
bridges are proposed to be replaced. The improvements have been
developed in cooperation with local jurisdictions and affected
communities.
Key Considerations
The proposed project improvements on WB and EB SR-91 may require
minor partial right-of-way acquisition and Temporary Construction
Easements (TCEs). In some areas, a non-standard geometric cross-
section is proposed to reduce the right-of-way impacts.
Benefits
The proposed project improvements on WB and EB SR-91 between
SR-57 and SR-55 include, among other features, adding one EB
general purpose lane to achieve lane balancing and interchange
improvements. Project improvements will reduce congestion and delay
and reduce weaving.
Current Status
The project improvements were originally studied in the SR-91
Feasibility Study, which was completed in June 2009. The Project
Study Report was completed in 2014 and the Project
Approval/Environmental Document (PA/ED) was completed in 2020.
This project was then split into three separate segments and the Plans
Specifications and Estimate (PS&E) phase began in 2020 for all three
segments. The proposed improvements are included in the Measure M
program.
Schedule and Cost
Construction is anticipated to be completed in 2027 and the total project
cost is estimated to be approximately $460,000,000.
333
Anaheim Canyon Metrolink Station Improvements
2021 SR-91 IMPLEMENTATION PLAN 16
Project Description
The Anaheim Canyon Metrolink Station Improvement Project will
include the addition of approximately 3,400 linear feet of secondary
track; a second platform; extending the existing platform; improvements
at two at-grade railroad crossings located at Tustin and La Palma; as
well as new shade structures, benches and ticket vending machines.
These project improvements will accommodate planned future train
service and will enhance on time service and safety.
Benefits
The project will enable future Metrolink service expansion, improve train
service efficiency, and foster train ridership growth in the region, which
will contribute to congestion relief on SR-91.
Current Status
OCTA is the lead agency on the project. Funding for the project is
programmed to use Federal Congestion Mitigation and Air Quality
Improvement Program (CMAQ), 5307 Federal Formula, M2 (OC Go),
and City of Anaheim funds.
Schedule and Cost
The plans were completed, and the project was advertised for bid in
October 2020. Construction began in May 2021 and is anticipated to be
completed in October 2022. The total project cost is estimated to be
$29.8 million.
334
Placentia Metrolink Rail Station
2021 SR-91 IMPLEMENTATION PLAN 17
Project Description
The new Placentia Metrolink Station will serve the Metrolink 91/Perris
Valley Line, providing commuter rail service between Perris and Los
Angeles, via Riverside and Orange counties. The project includes
construction of a parking structure, OCTA bus access, an area for
passenger pick-up and drop-off, and two station platforms.
Benefits
The station will meet the current transit demand and foster train
ridership growth in the region, contributing to congestion relief on SR-
91.
Current Statu s
The City of Placentia is the lead on right-of-way and environmental
clearance, and OCTA is the lead agency for design and construction of
the project. Funding for the project is programmed to use 91 Toll
Revenues, M2 (OC Go) and the City of Placentia funds for the
construction phase. State Transportation Improvement Program (STIP),
Public Transportation Modernization, Improvement, and Service
Enhancement Account (PTMISEA), OC Go and City funds are
programmed for the design and right-of-way costs.
Schedule and Cost
Plans are 100 percent complete, however, the construction contract
cannot be advertised until a Construction and Maintenance Agreement
is in place with BNSF Railway, the right-of-way owner. The project will
be advertised for bids once an agreement is in place. The total project
cost is estimated to be $34.8 million.
335
2021 SR-91 IMPLEMENTATION PLAN 18
Riverside County Projects
The Riverside County set of projects includes three improvements: a 15/91 Express Lanes Connector, the SR-71/SR-91
Interchange Improvements, and SR-91 Improvements east of I-15. Projects for implementation in Riverside County are
anticipated to cost in excess of $391 million (in 2021 dollars, or as noted).
Riverside County Project Summary Cost ($M)
15/91 Express Lanes Connector 270
SR-71/SR-91 Interchange Improvements 121
SR-91 Improvements East of I-15 TBD
SUBTOTAL 391+
336
15/91 Express Lanes Connector
2021 SR-91 IMPLEMENTATION PLAN 19
Project Description
The Project Approval and Environmental Document (PA/ED) for the
SR-91 Corridor Improvement Project (CIP), from SR-241 to Pierce
Street, included the addition of a 5th lane in each direction, the addition
of auxiliary lanes at various locations, the addition of collector-
distributor lanes at the I-15/SR-91 interchange, the extension of the 91
Express Lanes from the Orange County line to I-15, the construction of
a SR-91 Express Lanes median direct connector to and from I-15
South, a SR-91 Express Lanes median direct connector to and from I-
15 North (15/91 Express Lanes Connector, the subject project), and the
construction of one Express Lane in each direction from the I-15/SR-91
interchange southerly to I-15/Cajalco Road (now part of RCTC I-15
Express Lanes Project), and easterly to east of McKinley Street. Due to
funding constraints, a Project Phasing Plan was developed to allow an
Initial Phase, with reduced improvements, to move forward as
scheduled, with the remaining ultimate improvements to be completed
later. Subsequently, the proposed 15/91 Express Lanes Connector
improvements (the subject of this project) have been pulled out from the
CIP as a standalone project.
Key Considerations
Coordination among many of the SR-91 freeway projects that overlap
the project limits is critical to successfully delivering these projects on
schedule and within budget. Designing to accommodate future projects
is a recurring theme for each of these projects. Minimizing conflicts in
scope between projects requires direct coordination between each
project team. Additionally, future projects frequently have multiple
alternatives under study, each with differing scope and construction
footprints. Specifically, the project improvements need to continue to be
coordinated with the SR-71/SR-91 interchange, the SR-241/SR-91
Tolled Express Lanes Connector, and RCTC’s I-15 Express Lanes
Project.
Benefits
The 15/91 Express Lanes Connector project will reduce congestion and
operational delays by providing direct median-to-median access
between the SR-91 Express Lanes and I-15 Express Lanes. Traffic
operations will improve by eliminating weaving conflicts and out-of-
direction travel along SR-91 and I-15 by the use of the direct
connectors. The project will provide motorists a choice to use the 15/91
Express Lanes Connector for a fee in exchange for time savings.
Current Status
The 15/91 Express Lanes Connector is currently discussed in the
environmental document for the SR-91 CIP that was completed in
2012. An environmental revalidation was completed in 2019. A Design-
Build contract was awarded in Spring 2020.
Schedule and Cost
Construction is planned to be completed in 2023. The total project cost
is estimated to be $270,000,000.
337
SR-71/SR-91 Interchange Improvements
2021 SR-91 IMPLEMENTATION PLAN 20
Project Description
The current project includes a new two-lane direct connector from
eastbound (EB) SR-91 to northbound (NB) SR-71 and realignment of
the existing Green River Road SR-91 EB on-ramp to provide
connection to NB SR-71 and EB SR-91.
Key Considerations
Project improvements must be coordinated with the following projects:
the SR-91 Sixth GP Lane Addition and the SR-241/SR-91 Tolled
Express Lanes Connector. Close coordination with the U.S. Army
Corps of Engineers, U.S. Fish and Wildlife Service, and California
Department of Fish and Wildlife will also be required as the connector
crosses the Santa Ana River west of the Prado Dam.
Benefits
The project will provide a new direct connector improvement from EB
SR-91 to NB SR-71, replacing the geometric choke point created by the
existing loop connector. The project will also improve traffic operations
and operational efficiency by eliminating or minimizing weaving conflicts
through the use of auxiliary lanes.
Current Status
The environmental phase was completed in 2011 and final design in
2015. An environmental revalidation and update to the final design is
underway.
Schedule and Cost
Construction is planned for completion in 2024. Construction cost is
estimated to be $121,000,000.
338
Improvements East of I-15
2021 SR-91 IMPLEMENTATION PLAN 21
Project Description
The Project Approval and Environmental Document (PA/ED)
for the SR-91 Corridor Improvement Project (CIP), from SR-
241 to Pierce Street, included the addition of a 5th lane in each
direction, the addition of auxiliary lanes at various locations,
the addition of collector-distributor lanes at the I-15/SR-91
interchange, the extension of the 91 Express Lanes from the
Orange County line to I-15, the construction of a SR-91
Express Lanes median direct connector to and from I-15
South, a SR-91 Express Lanes median direct connector to and
from I-15 North, and the construction of one Express Lane in
each direction from the I-15/SR-91 interchange southerly to I-
15/Cajalco Road (now part of RCTC I-15 Express Lanes
Project), and easterly to east of McKinley Street. Due to
funding constraints, a Project Phasing Plan was developed to
allow an Initial Phase, with reduced improvements, to move
forward as scheduled, with the remaining ultimate
improvements to be completed later. The SR-91 improvements
east of I-15, which includes extending an Express Lane east of
McKinley Street and adding a general purpose lane to Pierce
Street in each direction (the subject project), is a component of
the SR-91 CIP that was not constructed with the Initial Phase.
Key Considerations
Coordination among many of the SR-91 freeway projects that
overlap the project limits is critical to successfully delivering
these projects on schedule and within budget. Designing to
accommodate future projects is a recurring theme for each of
these projects. Minimizing conflicts in scope between projects
requires direct coordination between each project team.
Additionally, future projects frequently have multiple
alternatives under study, each with differing scope and
construction footprints. Specifically, the project improvements
need to continue to be coordinated with the SR-71/SR-91
interchange, the SR-241/SR-91 Tolled Express Lanes
Connector, 15/91 Express Lanes Connector, and RCTC’s I-15
Express Lanes Project.
Benefits
The SR-91 Improvements east of I-15 will reduce congestion
and delays by providing additional SR-91 capacity from I-15 to
Pierce Street.
Current Status
Preliminary engineering is complete but may need to be
revisited at a future date. The SR-91 Improvements east of I-
15 is currently discussed in the SR-91 CIP environmental
document for the SR-91 that was completed in 2012.
Schedule and Cost
Anticipated project completion and cost are to be determined.
339
2021 SR-91 IMPLEMENTATION PLAN 22
Bi-County Projects
There are three Bi-County improvement projects that will benefit both Orange and Riverside Counties. These projects include:
SR-91 Corridor Operations Project, a Sixth General Purpose Lane Addition (SR-241 to SR-71), and the SR-241/SR-91 Tolled
Express Lanes Connector. The total cost for the three projects is expected to be more than $288 million (in 2021 dollars, or
as noted).
Bi-County Project Summary Cost ($M)
SR-91 Corridor Operations Project 38
Sixth General Purpose Lane Addition (SR-241 to SR-71) TBD
SR-241/SR-91 Tolled Express Lanes Connector 250
SUBTOTAL 288+
340
SR-91 Corridor Operations Project
2021 SR-91 IMPLEMENTATION PLAN 23
Project Description
The Riverside County portion of the 91 Express Lanes began
operation in March 2017. Throughout the first year of
operation, RCTC made minor operational improvements to
improve the SR-91 corridor travel between State Route 241
(SR-241) and McKinley Street. In November 2018, RCTC
implemented additional striping and signage improvements to
westbound SR-91 at the McKinley entrance to the 91 Express
Lanes as well as the County Line access location to further
enhance efficiency along the westbound SR-91 corridor
between McKinley Street and SR-241. In December 2018, the
RCTC Commission authorized its staff to proceed with a
project to construct an additional westbound lane along SR-91
between Green River Road and SR-241 (the subject of this
project). This new project is now known as the SR-91 Corridor
Operations Project (91 COP).
Key Considerations
The goal of this project is to implement a substantial
operational improvement that is cost effective and timely to
address the peak period bottleneck conditions along
westbound SR-91 near the County Line. Key considerations
include reducing impacts to adjacent land and local streets by
the use of retaining walls and minimizing throw-away costs
with future projects. Specifically, the project improvements
need to be coordinated with the SR-241/SR-91 Tolled Express
Lanes Connector and the SR-91 Sixth GP Lane Addition
projects.
Benefits
The 91 COP will reduce congestion and delays along
westbound SR-91 between McKinley Street and SR-241.
Current Status
This project is within the footprint of the SR-91 Sixth GP Lane
Addition project that was an element of the SR-91 CIP
environmental document approved in 2012. An environmental
revalidation for the 91 COP was completed in Spring 2020.
Construction began in November 2020.
Schedule and Cost
Construction is planned for completion in 2022. The total
project cost is estimated to be $38,000,000.
341
Sixth General Purpose Lane Addition (SR-241 to SR-71)
2021 SR-91 IMPLEMENTATION PLAN 24
Project Description
The Project Approval and Environmental Document (PA/ED)
for the SR-91 Corridor Improvement Project (CIP), from SR-
241 to Pierce Street, included the addition of a 5th lane in each
direction, the addition of auxiliary lanes at various locations,
the addition of collector-distributor lanes at the I-15/SR-91
interchange, the extension of the 91 Express Lanes from the
Orange County line to I-15, the construction of a SR-91
Express Lanes median direct connector to and from I-15
South, a SR-91 Express Lanes median direct connector to and
from I-15 North, and the construction of one Express Lane in
each direction from the I-15/SR-91 interchange southerly to I-
15/Cajalco Road (now part of RCTC I-15 Express Lanes
Project), and easterly to east of McKinley Street. Due to
funding constraints, a Project Phasing Plan was developed to
allow an Initial Phase, with reduced improvements, to move
forward as scheduled, with the remaining ultimate
improvements to be completed later. The SR-91 sixth general
purpose lane in each direction between SR-241 and SR-71
(the subject of this project) is a component of the SR-91 CIP
that was not constructed with the Initial Phase.
Key Considerations
Coordination among many of the SR-91 freeway projects that
overlap the project limits is critical to successfully delivering
these projects on schedule and within budget. Designing to
accommodate future projects is a recurring theme for
each of these projects. Minimizing conflicts in scope between
projects requires direct coordination between each project
team. Additionally, future projects frequently have multiple
alternatives under study, each with differing scope and
construction footprints. Specifically, the project improvements
need to continue to be coordinated with the 91 COP, SR-
71/SR-91 interchange and the SR-241/SR-91 Tolled Express
Lanes Connector.
Benefits
The SR-91 Sixth General Purpose Lane Addition will reduce
congestion and delays by providing additional SR-91 capacity
from SR-241 to SR-71.
Current Status
An Alternatives Analysis (to be completed in 2021) is being
performed to evaluate potential alternatives. Prior preliminary
engineering was completed but may need to be revisited at a
future date. The SR-91 Sixth General Purpose Lane Addition is
currently discussed in the SR-91 CIP environmental document
for the SR-91 that was completed in 2012.
Schedule and Cost
Anticipated project completion and cost are to be determined
342
SR-241/SR-91 Tolled Express Lanes Connector
2021 SR-91 IMPLEMENTATION PLAN 25
Project Description
The SR-241/SR-91 Tolled Express Lanes Connector will
consist of a direct connector between the 241 Toll Road and
91 Express Lanes, carrying northbound 241 Toll Road traffic to
the eastbound 91 Express Lanes and westbound 91 Express
Lanes traffic to the southbound 241 Toll Road.
Key Considerations
The purpose of the project is to implement the build out of the
Eastern Transportation Corridor as approved in 1994 in order
to improve traffic operations on the northbound 241 Toll Road
and the SR-91 general-purpose lanes while also maintaining
reliable travel times and free flow speeds during peak periods
on the 91 Express Lanes which were all key considerations in
Caltrans’ approval of the project. The project will require
widening of SR-91 to accommodate the direct connector and
associated Express Auxiliary Lanes in the median. The
project’s planned construction is aligned with the
implementation of other planned improvements in the area
including the 15/91 Express Lanes Connector, SR-91 Corridor
Operations Project, and SR-71/SR-91 Interchange
Improvements. Coordination will be conducted with local
agencies to ensure the project avoids impacts to planned
bicycle and trail connections on Gypsum Canyon Road per the
City of Anaheim General Plan and OCTA Commuter Bikeways
Strategic Plan.
Benefits
The project will provide connectivity between the 91 Express
Lanes and the 241 Toll Road, which will enhance
operations along the SR-91 general purpose lanes while also
improving traffic operations on the northbound 241 Toll Road.
Current Status
Preliminary engineering concepts for a SR-241/SR-91
Tolled Express Lanes Connector have been developed by
the Foothill/Eastern Transportation Corridor Agency (F/E
TCA) and Caltrans, which were utilized for the
environmental analysis. The 91 Express Lanes Extension
and SR-241 Connector Feasibility Study was completed in
March 2009 and was initiated to evaluate various
alternatives. A Project Study Report was initiated in
January 2011 and was completed in January 2012. The
Draft Environmental Document was circulated for public
review from November 7, 2016, through January 9, 2017.
Caltrans’s approval of the project with the Record of
Decision was completed in March 2020. Final design is in
progress.
Schedule and Cost
Agreements to document roles and responsibilities for
F/ETCA funding, Caltrans construction, and OCTA/RCTC
tolling operation of the project are under development by the
multi-agency team. Final Design is expected to be
completed in 2022. Construction is anticipated to last
approximately 26 months beginning in 2023 with project
opening in 2025. The total cost of the p roject will be
approximately $250,000,000.
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2021 SR-91 IMPLEMENTATION PLAN 26
Appendix A - Post-2035 and Conceptual Projects
Concepts for potential Post-2035 implementation (potentially earlier if funding becomes available) focus on longer-lead time
projects. This multi-billion dollar program may include: an elevated 4-lane facility (MIS Corridor A) from SR-241 to I-15; the
Anaheim to Ontario International Airport Maglev High Speed Rail; the Irvine-Corona Expressway (ICE) 4-lane facility from
SR-241/SR-133 to I-15/Cajalco Road (formerly known as MIS Corridor B), Westbound SR-91 to Southbound SR-55
Connector Improvements, Eastbound SR-91 Fifth Lane Addition at SR-241 and Fairmont Boulevard Improvements. These
potential concepts include significant environmental constraints and right of way requirements in addition to requiring a
significant amount of planning, design, and future policy and public input.
Concept Summary Cost ($M)
Elevated 4-Lane Facility (MIS Corridor A) from SR-241 to I-15 2,720
Anaheim to Ontario International Airport Maglev High Speed Rail 2,770-3,200
Irvine-Corona Expressway (ICE) 4-Lane Facility from SR-241/SR-133 to I-15/Cajalco Road 8,855
Westbound SR-91 to Southbound SR-55 Connector Improvements 75-150
Eastbound SR-91 Fifth Lane Addition at SR-241 31
Fairmont Boulevard Improvements 76.8
SUBTOTAL 14,527.8– 15,032.8
344
Elevated 4-Lane Facility from SR-241 to I-15 (MIS Corridor A)
2021 SR-91 IMPLEMENTATION PLAN 27
Concept Description
The improvements primarily consist of constructing a new 4-lane
elevated expressway near or within the Santa Ana Canyon with
freeway-to-freeway connectors at SR-241 and I-15. The facility
may include managed lanes and potential reversible operations.
Key Considerations
Choice of alignment will be key to determining net capacity
increase. Extensive right-of-way (R/W) will be required to
implement the improvements if the alignment is not in the SR-91
corridor. When median connector projects or HOV/HOT projects
are constructed and this 4-lane elevated facility is proposed
within the median of SR-91 through Corona, then extensive
managed lane closures would be required during construction
(thus temporarily reducing SR-91 capacity during construction).
An alternative could be studied for the median Corridor A viaduct
along with reduced SR-91 geometric standards to minimize R/W
impacts. Also, direct connectors (such as for High Occupancy
Vehicle (HOV) / High Occupancy Toll (HOT) at I-15/SR-91)
to/from the median could be precluded by Maglev columns
located within the same median area. Caltrans and Maglev
highway R/W, maintenance, safety, and operations
considerations would need to be analyzed if shared use with a
Maglev facility were pursued. Additional mitigation costs may be
required for improvements to SR-241 and SR-133 as a result of
additional Corridor traffic volumes. Corridor A as managed lanes,
with the extension of 91 Express Lanes to I-15, this project
concept may affect traffic distribution due to “parallel” tolled
facilities.
Benefits
The concept would provide significant congestion relief by
allowing vehicles to bypass the at-grade freeway lanes and local
arterial interchanges between SR-241 and I-15. Connections are
proposed directly between SR-91, SR-241, and I-15.
Current Status
This concept is identified in the Riverside County - Orange
County Major Investment Study (MIS) as part of the Locally
Preferred Strategy to improve mobility between Riverside County
and Orange County. No project development work is planned at
this time.
Schedule and Cost
Anticipated project completion is post-2035 and construction cost
is estimated to be $2,720,000,000 (2005 dollars).
345
Anaheim to Ontario International Airport Maglev High Speed Rail
2021 SR-91 IMPLEMENTATION PLAN 28
Concept Description
Proposals for a new super-speed train corridor from Anaheim to
Ontario are included in this concept. This concept includes an
alternative that would use SR-91 right-of-way or would be aligned
adjacent to SR-91 right-of-way or could potentially be co-located
with the Major Investment Study (MIS) Corridor A alignment.
Another alignment opportunity is being investigated along SR-57.
Key Considerations
Alternative alignment impacts to SR-91 right-of-way envelope
and/or Santa Ana River are undetermined. The choice of
alignment will potentially impact MIS Corridor A. Right-of-way
(R/W) will be required to implement the improvements. Potential
considerations for co-locating the Magnetic Levitation (Maglev)
train adjacent to Corridor A (and also SR-91) include providing a
two-column structure with a barrier between the trains and
vehicles. Caltrans and Maglev highway R/W, maintenance,
safety, and operations considerations would need to be analyzed
if shared use with a Maglev facility were pursued. See the MIS
Corridor A project for additional considerations. Coordination with
Metrolink improvements will be required.
Benefits
The concept would provide congestion relief by providing a direct
high-speed/high-capacity connection with Ontario International
Airport for Orange County air passengers and business next-day
deliveries. Maglev will make the trip in just 14.5 minutes. Relieves
congestion on SR-91 by providing additional capacity in the
corridor.
Current Status
Since 2012, no progress on this project has occurred. Preliminary
design, engineering and Phases 1 and 2 of a Preliminary
Environmental Impact Statement/Environmental Impact
Statement (PEIS/EIS) are completed. Congress approved $45M
in SAFETEA-LU for the environmental phase of the project.
Construction funding of up to $7 billion was identified through a
loan commitment from the China Export-Import Bank.
Schedule and Cost
Anticipated project completion is to be determined and
construction cost is estimated to be from $2,770,000,000 to
$3,200,000,000 (2012 dollars).
346
Irvine-Corona Expressway (ICE) from SR-241/SR-133 to I-15
2021 SR-91 IMPLEMENTATION PLAN 29
Concept Description
The improvements primarily consist of constructing a highway
and rail facility through the Cleveland National Forest with
freeway-to-freeway connectors at SR-241/SR-133 and I-
15/Cajalco Road. The facility would essentially be a continuation
of SR-133 on the west end of the corridor, to I-15 on the east
end.
Key Considerations
The tunnel concept is technically feasible based on the
geotechnical investigation completed in December 2009. The
initial project phase would be the construction of one 2-lane
highway tunnel and one rail tunnel. The second project phase
would include construction of a second 2-lane highway tunnel.
Additional technical studies and geotechnical borings would be
needed to refine the tunnel alignments and grades. Costs
associated with the Irvine-Corona Expressway (ICE) tunnels are
based on the Feasibility Evaluation Report completed in
December 2009. A financial analysis will be needed for the
construction, operations and toll requirements of the ICE tunnels.
Benefits
The concept would provide significant congestion relief by
providing an alternative route between Orange and Riverside
counties and would allow vehicles to bypass SR-91 between SR-
241 and I-15. The concept would not disrupt SR-91 traffic during
construction and would allow for additional route selection for
incident management, emergency evacuation, and for continuity
of the highway network by linking SR-133 to I-15.
Current Status
On August 27, 2010 the Riverside Orange Corridor Authority
Board took action to defer additional study of the ICE concept
until such time as financial considerations improve and/or
technological advancements warrant reexamination. Review of
the concept shall be done annually through the SR-91
Implementation Plan update to determine if any of the major
assumptions about financial considerations, private sector
interest, or technological advancements have changed to make
the tunnel financially viable. (See “ICE status summary” for
further discussion).
Schedule and Cost
Anticipated project completion is post-2035 and construction cost
is estimated to be $8,855,000,000 (2009 dollars).
347
Westbound SR-91 to Southbound SR-55 Connector Improvements
2021 SR-91 IMPLEMENTATION PLAN 30
Concept Description
The project consists of operational improvements by modifying
the connector to SB SR-55 from WB SR-91. The improvements
would extend to Lakeview Avenue to the east and would include
a new connector from WB SR-91 to SB SR-55 as a potential
right-hand exit.
Key Considerations
Right-of-way impacts, detailed SR-55/SR-91 interchange
improvements, and downstream impacts to SR-55 require further
evaluation in a subsequent phase of project development.
Conceptual design of SR-55/SR-91 would be coordinated with
completed improvements at SR-91 and Tustin Avenue, and with
the SR-91 Environmental Study Improvements from SR-57 to
SR-55. This study is currently being conducted.
Operational enhancements between SR-55 and Lakeview
Avenue will provide some benefit for SR-55/SR-91 by addressing
WB SR-91 weaving issues. In addition, the proposed WB drop-
ramp from Lakeview AV has been designed to accommodate
three WB through lanes on either side in order to reduce
throwaway costs in the future should the SR-91 be shifted to
accommodate a right-hand exit for SB SR-55.
Benefits
Interchange improvements are anticipated to provide congestion
relief for WB SR-91 traffic and potentially improve the connection
from WB SR-91 to SB SR-55.
Current Status
SR-55/SR-91 project information was derived from the Final
Alternatives Evaluation and Refinement Report, December 2005,
by the Riverside County - Orange County Major Investment Study
(MIS). Focused SR-91/SR-55 conceptual engineering needs to
be scheduled. However, initial conceptual engineering was also
studied as part of the SR-91 Feasibility Study Between State
Route 57 and State Route 55 Interchange Areas in June 2009,
and as part of the SR-91 Environmental Study Improvements
from SR-57 to SR-55.
Schedule and Cost
Anticipated project completion is post-2035 and construction cost
is estimated to be from $75,000,000 to $150,000,000 (2014
dollars).
348
Eastbound Fifth Lane Addition at SR-241
2021 SR-91 IMPLEMENTATION PLAN 31
Concept Description
The location of the proposed EB SR-91 fifth general purpose (GP)
lane addition (The Segment) is on EB SR-91 from Weir Canyon
Road to the NB SR-241 Connector. The Segment consists of four
GP lanes and two managed lanes (91 Express Lanes).
Upstream (westerly) from The Segment the EB SR-91 has 5 GP
lanes and the 5th lane drops to the SB SR-241 Connector as some
traffic volume exits to the SB SR-241. Downstream from The
Segment the EB SR-91 gains the 5th lane back as the NB SR-241
Connector merges with SR-91 in a dedicated lane addition. This
5th lane continues beyond the Riverside County line providing
enhanced mobility.
Key Considerations
This segment with four GP lanes might be creating a traffic choke
point due to the decrease of capacity, potentially contributing to
significant traffic delays passing through this segment along with
other traffic issues such as queue jumping, weaving, merging and
operational speed differential. However, additional traffic from NB
SR-241 to EB SR-91 and Gypsum Canyon Rd on-ramp suggest
balancing the number of lanes should be carefully examined. As
such, additional capacity will enhance EB freeway operations along
this Segment.
Benefits
1) Extends the existing 5th EB GP lane easterly and ties it to the
existing 5th lane downstream. This could provide capacity
enhancement and may result in removing an existing choke
point. Significant delay savings is anticipated.
2) Potentially eliminate queue jumping in this area from EB SR-91
as well as Weir Canyon Rd.
3) Potentially reduce speed differential between through lanes,
thus creating a more balanced flow.
4) Potentially provide balanced lane utilization at high traffic
demand area.
Current Status
Additional traffic analysis and study is required to confirm the
benefits to EB SR-91 by the proposed improvements. This location
was identified by Caltrans as a high congestion location in the
County. The concept is intended to improve the choke point that
exists due to the presence of a 4-lane segment between 5-lane
freeway segments.
Schedule and Cost
Total project cost, based on Caltrans’ estimate, is $31.25 million.
Project schedule has not been determined.
349
Fairmont Boulevard Improvements
2021 SR-91 IMPLEMENTATION PLAN 32
Project Description
The project would provide a new interchange with SR-91 at
Fairmont Boulevard. On and off ramps will connect Fairmont
Boulevard from the north to eastbound (EB) and westbound
(WB) SR-91. The proposed interchange does not include a
vehicular Fairmont Boulevard connection to Santa Ana Canyon
Road to the south. A pedestrian/bicycle connection is also
proposed between La Palma Avenue and Santa Ana Canyon
Road. This bridge and pathway will allow for direct Santa Ana
River Trail access from both Anaheim south of SR-91 and from
Yorba Linda.
Key Considerations
Interchange spacing and weaving issues (to SR-55) need to be
evaluated. Widening of SR-91 may be needed to accommodate
interchange ramps. Proximity of the Santa Ana River may
require that the WB ramp junction be located north of the river.
New connection requirements and interchange spacing needs to
be considered. Ramp and bridge placement needs to take
pedestrian/bicycle bridge into account, or incorporate the
pedestrian/bike path into the design beyond the vehicular
access limits of the project.
Benefits
The interchange is expected to relieve congestion at Imperial
Highway (SR-90), Lakeview Avenue, and Weir Canyon Road
Interchanges. Preliminary traffic modeling shows a 10-15%
decrease in volumes at Weir Canyon and SR-90 interchanges
with the interchange alternative.
Current Status
The City of Anaheim completed a conceptual engineering study
in December 2009 for the interchange. Multiple alternatives
have been developed as part of the conceptual engineering
study. Bicycle/pedestrian bridge is currently in initial planning
stages. Project development is pending funding identification.
On July 24, 2017, OCTA staff along with a senior staff member
of WSP presented the findings of a 91 Express Lanes
intermediate access study. The study provided various
alternatives, traffic modeling, and financial impacts of the
additional access. At the conclusion of the discussion, the
OCTA Board of Directors did not authorize additional analysis
for the intermediate access.
Schedule and Cost
Anticipated project completion is post 2035 and construction
cost is estimated to be $76,800,000 (costs from 2009 Feasibility
Study). R/W cost is undetermined. Cost excludes any potential
impact to Santa Ana River.
350
2021 SR-91 IMPLEMENTATION PLAN 33
Appendix B - COMPLETED PROJECT EXHIBITS
The following exhibits represent completed projects from previous Plans since 2006 and are intended to be used as a
reference to illustrate the progress made since the inception of the Plan. Note: some projects listed in the Plan as completed
(see Section 1, Project Accomplishments) are not included herein since there was no exhibit created or necessary for use with
prior Plans (such as for restriping projects, various safety enhancements, minor operational improvements, etc.).
Project Improvements Constructed
Green River Road Overcrossing Replacement March 2009
North Main Street Corona Metrolink Station Parking Structure June 2009
Eastbound Lane Addition from SR-241 to SR-71 September 2010
Widen SR-91 between SR-55 and SR-241 by Adding a 5th GP Lane in Each Direction December 2012
SR-91 WB Lane at Tustin Avenue April 2016
Metrolink Service Improvements June 2016
Initial Phase CIP: Widen SR-91 by One GP Lane in Each Direction East of Green River Rd, CD Roads
and I-15/SR-91 Direct South Connector, Extension of Express Lanes to I-15 and System/Local
Interchange Improvements
July 2017
Express Bus Service 2019
La Sierra Metrolink Parking Improvements February 2019
351
2021 SR-91 IMPLEMENTATION PLAN 34
352
2021 SR-91 IMPLEMENTATION PLAN 35
353
2021 SR-91 IMPLEMENTATION PLAN 36
354
2021 SR-91 IMPLEMENTATION PLAN 37
355
2021 SR-91 IMPLEMENTATION PLAN 38
356
2021 SR-91 IMPLEMENTATION PLAN 39
357
202119 SR-91 IMPLEMENTATION PLAN 40
358
Express Bus Service Improvements
2021 SR-91 IMPLEMENTATION PLAN 41
Project Description
Orange County Transportation Authority (OCTA), working with
the Riverside County Transportation Commission (RCTC) and
the Riverside Transit Agency (RTA), operate Express Bus
service between Riverside and Orange counties. Commuters
lack direct transit connections to some Orange County
employment centers not served by Metrolink. The Express Bus
service provides this connection.
Existing Service
OCTA has operated Route 794 since 2006 from Riverside
County to Hutton Centre and South Coast Metro (shown in
orange above). On Route 794, OCTA removed trips to Corona
in February 2018 based on low ridership. OCTA currently
operates six morning westbound trips and five afternoon
eastbound trips to/from the La Sierra Metrolink Station. Two
new Express Bus routes were implemented by RTA in January
2018 between Riverside County and Orange County including
RTA Route 200 (shown in blue above) from San
Bernardino/Riverside to the Anaheim Resort. The route
provides hourly service on weekdays and 90-120 minute
service on weekends with a fleet of six buses. RTA Route 205
(shown in green above) from Lake Elsinore/Temecula/ Corona
to the Village at Orange includes three AM and three PM
roundtrips with 3 buses.
New Service
The Express Bus Routes have been fully implemented as of
FY19 and there are no planned service additions. Changes to
routes may be made in the future based on available funding
and ridership demand.
Key Considerations
Intercounty Express Bus service is effective between locations
where transit travel times by Express Bus would be more
competitive than Metrolink and connecting rail feeder buses.
Benefits
Express Bus services contribute to congestion relief on SR-91.
Current Status
Since completion of the 91 Express Lanes, RTA more than
doubled its Express Bus service on SR-91. Currently, OCTA
operates 11 bus trips per day on SR-91. RTA now operates 47
trips on weekdays (up from 18 trips that Route 216 provided
weekdays) and 18 trips on weekends (up from 8 trips provided
by Route 216) on SR-91 Express Lanes. Service hours for this
expansion is an extra 21,445 hours per year and is being
served by five new coaches added to the RTA fleet.
Schedule and Cost
The Express Bus Routes have been fully implemented as of
FY19. Ongoing operating costs average $4,892,000 per year
and capital costs average $1,174,000 per year (2019 dollars).
The annual capital cost was increased in 2019 to reflect the
future cost of complying with the new Innovative Clean Transit
regulation.
359
2021 SR-91 IMPLEMENTATION PLAN 42
360
2021 SR-91 IMPLEMENTATION PLAN 43
Appendix C - REFERENCES
The following documents and resources were used in the development of the 2021 Plan. Data was provided by OCTA,
RCTC, Caltrans Districts 8 and 12, Transportation Corridor Agencies (TCA), other agencies, and online resources.
Measure M Next 10 Delivery Plan (Next 10 Plan), November 14, 2016
Riverside Transit Agency, Ten-Year Transit Network Plan, January 22, 2015
PSR-PDS on Route 91 Between SR-57 and SR-55, October 2014
PS&E for “Westbound State Route 91 Auxiliary Lane from the NB SR-55/WB SR-91 Connector to the Tustin Avenue
Interchange”, 2014
PS&E for Initial SR-91 CIP Project, 2014
California Transportation Commission, Corridor Mobility Improvement Account (CMIA), Amended December 2012
M2020 Plan (Measure M), September 2012
PSR-PDS for SR-241/SR-91 Tolled Express Lanes Connector, January 2012
Project Report and Environmental Document (EIR/EIS) for SR-91 CIP from SR-241 to Pierce Street Project, October 2012
PS&E “On State Route 91 Between the SR-91/SR-55 Interchange and the SR-91/SR-241 Interchange in Orange County”,
April 2011
Corridor System Management Plan (CSMP) Orange County SR-91 Corridor Final Report, August 2010
Project Study Report/Project Report “Right of Way Relinquishment on Westbound State Route 91 Between Weir Canyon
Road and Coal Canyon”, May 2010
SR-91/Fairmont Boulevard Feasibility Study, December 2009
Feasibility Evaluation Report for Irvine-Corona Expressway Tunnels, December 2009
Plans, Specifications and Estimates (PS&E) for Eastbound SR-91 lane addition from SR-241 to SR-71, May 2009
PSR “On State Route 91 Between the SR-91/SR-55 Interchange and the SR-91/SR-241 Interchange in Orange County”, April
2009
91 Express Lanes Extension and State Route 241 Connector Feasibility Study, March 2009
PSR/PR “On Gypsum Canyon Road Between the Gypsum Canyon Road/SR-91 Westbound Off-Ramp (PM 16.4) and the
Gypsum Canyon Road/SR-91 Eastbound Direct On-Ramp (PM 16.4)”, June 2008
Orange County Transportation Authority Renewed Measure M Transportation Investment Plan, November 2006
Riverside County-Orange County Major Investment Study (MIS) – Final Project Report: Locally Preferred Strategy Report,
January 2006
California – Nevada Interstate Maglev Project Report, Anaheim-Ontario Segment; California-Nevada Super Speed Train
Commission, American Magline Group, August 2003
Route Concept Reports for SR-91, Caltrans Districts 8 and 12
Various Preliminary Drawings and Cross Sections, Caltrans Districts 8 and 12
361
AGENDA ITEM 7
Agenda Item 7
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: July 14, 2021
TO: Riverside County Transportation Commission
FROM: Budget and Implementation Committee
Jillian Guizado, Planning and Programming Director
THROUGH: Anne Mayer, Executive Director
SUBJECT: 2022 State Transportation Improvement Program Funding Distribution and
Draft Fund Estimate
BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION:
This item is for the Commission to approve the 2022 State Transportation Improvement Program
(STIP) funding distribution among the three geographic areas in Riverside County per the adopted
STIP intracounty Memorandum of Understanding (MOU).
BACKGROUND INFORMATION:
The STIP is a five-year program of projects administered by the California Transportation
Commission (CTC). It is updated every two years outlining the commitment and programming of
transportation funds for the State’s multimodal transportation system, including: highways, rail,
transit, local roads, and bike and pedestrian facilities. In June of every odd year, Caltrans is
required to prepare a draft STIP Fund Estimate (FE) that estimates how much funding will be
available for programming for the next five-year period. The CTC released the 2022 STIP FE at its
June 23, 2021 meeting.
The 2022 STIP will cover Fiscal Years 2022/23 through 2026/27. Each STIP cycle adds on two
years with most of the programming capacity available in the last two years. STIP funds are
allocated into two broad programs – the Regional Improvement Program (RIP) receives
75 percent of the total STIP funds, and the remaining 25 percent is directed to Caltrans for its
Interregional Transportation Improvement Program. The 75 percent RIP funding is further
subdivided by formula into county shares. County shares are available solely for projects
nominated by regional agencies. The 2022 STIP FE also establishes funding levels for the State
Highway Operation and Protection Program, which Caltrans prepares in consultation with the
regions.
STIP Intracounty Formula Distribution
Per the Commission’s STIP intracounty formula distribution approved in 1998 through an MOU
among the Commission, Coachella Valley Association of Governments, and Western Riverside
Council of Governments, STIP funds are allocated to Western County, Coachella Valley, and Palo
362
Agenda Item 7
Verde Valley based on the most recent fiscal year taxable sales by geographic area used for
Measure A allocations. The geographic area percentages of taxable sales applied to the 2014
through 2022 STIPs demonstrates a growing trend in Western County compared to Coachella and
Palo Verde Valleys:
Geographic Area 2014 STIP 2016 STIP 2018 STIP 2020 STIP 2022 STIP
Western County 75.17% 75.76% 77.30% 78.12% 78.14%
Coachella Valley 24.12% 23.54% 22.11% 21.45% 21.42%
Palo Verde Valley 0.71% 0.70% 0.59% 0.43% 0.44%
Per the STIP intracounty distribution formula, each geographic area will receive funding based on
the above percentages. In addition, STIP guidelines allow up to five percent of RIP funding for
planning, programming, and monitoring (PPM) activities. However, the Commission’s policy is to
set aside two percent for PPM activities to fund Project Study Reports, planning, and staff costs
associated with STIP funding and programming. PPM funding is available for Coachella Valley
Association of Governments (CVAG) and Commission activities.
DISCUSSION:
Draft 2020 STIP FE
On June 23, 2021, the CTC adopted the Draft 2022 STIP FE, which identifies county share targets
for each region in the state. Statewide, $727,761,000 of new STIP capacity is available in the
2022 STIP; of this amount, $32,349,000 is identified for Riverside County. The new STIP capacity
is only be available in the last two years of the 2022 STIP cycle, FYs 2025/26 and 2026/27.
The table below reflects how the Riverside County STIP funds should be distributed according to
the STIP intracounty MOU.
Draft 2022 STIP FE – Riverside County Share Target
Total Riverside County Share $ 32,349,000
Less: 2 percent PPM 646,980
Total New Project Programming $ 31,702,020
Western County 78.14 percent $ 24,771,958
Coachella Valley 21.42 percent $ 6,790,573
Palo Verde Valley 0.44 percent $ 139,489
363
Agenda Item 7
2022 STIP Project Selection Process
Western Riverside County
Western Riverside County projects are nominated by staff. Recommendations for current and
new projects for STIP funds will be considered and based on the 2019-29 Measure A Highway
Delivery Plan and other high priority projects approved by the Commission.
Coachella Valley and Palo Verde Valley
CVAG nominates its projects and notifies Commission staff for final concurrence and submittal
to the CTC. Staff will review the programming process and timeline with CVAG staff and present
CVAG’s recommended projects to the Commission for inclusion in the 2022 STIP submittal.
Palo Verde Valley projects are nominated by the city of Blythe (Blythe); however, given the minor
amount of funding typically available and the complexity in processing these funds, the
Commission and Blythe have executed MOUs in past STIP cycles trading Palo Verde Valley STIP
funds with Measure A Western Riverside County Highway funds. Blythe is required to include
the STIP traded funds in its Measure A Local Streets and Roads Capital Improvement Plan. Upon
CTC’s adoption of the 2022 STIP in March 2022, staff will move forward with preparing the 2022
STIP MOU with Blythe if there is funding available.
Status of Current 2020 STIP Programming
The current 2020 STIP projects for Riverside County include the following environmental, right of
way, and construction phases as follows:
2020 STIP – Riverside County
(Approved by CTC in March 2020)
Agency Project Phase FY 2020/21 FY 2021/22 FY 2022/23 FY 2023/24 FY 2024/25 Total STIP
Temecula I-15/French
Valley IC
C $47,600,000 $47,600,000
RCTC 71/91 IC C $66,377,000 66,377,000
Coachella I-10/Ave 50 IC C $2,000,000 2,000,000
CVAG CV Regional
Signal Synch,
Ph 2
C $2,472,000 2,472,000
RCTC/
CVAG
PPM C 1,000,000 900,000 900,000 396,000 3,196,000
Totals $48,600,000 $3,372,000 $67,277,000 $2,396,000 $0 $121,645,000
C = Construction
IC = Interchange
PPM = Planning, Programming, and Monitoring
Temecula’s I-15/French Valley Parkway IC project in FY 2020/21 from the above table is on a
12-month extension due to delays working with Caltrans to revalidate the environmental
document on the project before moving to the right of way phase. The PPM funds were allocated
364
Agenda Item 7
in August 2020. Projects programmed in FY 2021/22 are expected to be allocated as scheduled.
Projects programmed in FYs 2022/23 and 2023/24 will be reviewed for carryover into the 2022
STIP.
The CTC is anticipated to adopt the Final STIP FE at its August 18-19, 2021 meeting. There is a
possibility that the Final FE will differ from the Draft FE; therefore, staff will report any changes
at the September Commission meeting. The 2022 STIP submittal is due to the CTC by
December 15, 2021. CTC adoption of the 2022 STIP is scheduled for March 2022.
FISCAL IMPACT:
There is no fiscal impact to the Commission related to the adoption of the 2022 STIP funding
distribution.
Approved by the Budget and Implementation Committee on June 28, 2021
In Favor: 12 Abstain: 0 No: 0
365
2022 STATE TRANSPORTATION IMPROVEMENT PROGRAM
Intracounty Formula Distribution
Jillian Guizado, Planning and Programming Director
1
2022 STIP
•The draft 2022 STIP Fund Estimate (FE) was released by the
California Transportation Commission (CTC) in June 2021
•The FE identifies the amount of funding for each county (county
share) in the state for Fiscal Years 2022/23 –2026/27
•RCTC programs these funds following the STIP Intracounty
Memorandum of Understanding
2
Past STIP Cycles:
Measure A Taxable Sales
3
Geographic Area 2014 STIP 2016 STIP 2018 STIP 2020 STIP 2022 STIP
Western County 75.17%75.76%77.30%78.12%78.14%
Coachella Valley 24.12%23.54%22.11%21.45%21.42%
Palo Verde Valley 0.71%0.70%0.59%0.43%0.44%
2022 STIP Cycle:
Intracounty Formula Distribution
4
Total Riverside County Share $32,349,000
Less: 2 percent for Planning, Programming & Monitoring 646,980
Total New Project Programming 31,702,020
Western County 78.14%24,771,958
Coachella Valley 21.42%6,790,573
Palo Verde Valley 0.44%139,489
Next Steps
Planning and Programming staff will:
•Contact CVAG to review STIP submittal process and timeline
•Develop project nominations for Western County share
•Present proposed 2022 STIP projects to Commission in September/October
5
Next Steps (cont.)
Planning and Programming staff will:
•Prepare and submit 2022 STIP for Riverside County to CTC by December 15,
2021 deadline
•Initiate Blythe STIP fund trade MOU upon 2022 STIP adoption by CTC in
March 2022
6
Staff Recommendation
•Approve the 2022 STIP funding distribution among the three
geographic areas in Riverside County per the adopted STIP intracounty
MOU.
7
QUESTIONS?
8
AGENDA ITEM 8
Agenda Item 8
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: July 14, 2021
TO: Riverside County Transportation Commission
FROM:
Budget and Implementation Committee
Lorelle Moe-Luna, Multimodal Services Director
Eric DeHate, Transit Manager
THROUGH: Anne Mayer, Executive Director
SUBJECT: Countywide Transit Report: Fiscal Years 2017/18 through 2019/20
BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION:
This item is for the Commission to receive and file the Countywide Transit Report for
Fiscal Year 2017/18 through FY 2019/20.
BACKGROUND INFORMATION:
The Commission as the regional transportation planning agency and county transportation
commission provides funding oversight and administration of multiple transit programs within
Riverside County through various Public Utilities Codes (PUC), ordinances and regulations. Most
of the regulations regarding transportation funding for transit operators in California are
governed by the Transportation Development Act (TDA) of 1971. As required under PUC Section
99244, the Commission is required to regularly monitor and provide recommendations for
productivity and performance improvements of the transit services receiving TDA funding. This
is conducted through the Short Range Transit Plans updates submitted annually, annual audits,
and triennial TDA performance audits.
In addition to complying with the minimum requirements set forth by TDA, the Commission
began the compilation of an annual Countywide Transit Report in 2014 to provide a “state of
transit” overview. The report is a standalone review of transit services based primarily on annual
audited financial data and is inclusive of not only TDA-funded public transit services but also local
Measure A funded programs such as the Specialized Transit Program.
DISCUSSION:
The FYs 2017/18 – 2019/20 Countywide Transit Report (Attachment 1) provides a high-level
picture of the public transit network in Riverside County with factsheets for five modes of
transportation: commuter rail, fixed-route bus, demand response/paratransit bus, specialized
transit, and vanpool. Key performance metrics that are highlighted include the following:
• Farebox Recovery Ratio;
• Passenger Boardings;
366
Agenda Item 8
• Operating Costs;
• Revenue Service Hours;
• Passengers Per Revenue Hour; and
• Other indicators relevant by mode such as train service miles and subsidy per trip.
Additionally, the report provides highlights of major ridership trends, future strategies to meet
demand, and marketing initiatives underway as the transit providers enter the recovery phase to
regain ridership.
How Are We Doing?
The network of nine public transit service providers and 18 human service operators carried
approximately 16.9 million passenger trips in FY 2017/18, 17.2 million passenger trips in
FY 2018/19, and over 14.7 million passenger trips in FY 2019/20. For several years between about
2014 through 2018 transit ridership was declining not only in Riverside County but throughout
the nation. In 2019, ridership was starting to show signs of re-growth upon the implementation
of various marketing initiatives and service enhancements; however, in March 2020, when the
Coronavirus pandemic and stay-at-home orders were issued statewide, ridership again tumbled
drastically in the months to come, up to 80 percent by route in some cases. Farebox recovery
ratios were being met until FY 2018/19, but the pandemic also left farebox recovery ratios short
of the state-required 20 percent for urban areas and 10 percent for rural areas in FY 2019/20.
Annual operating costs for public transit services in FY 2019/20 for the county exceeded
$150 million, with revenues comprised of 50 percent from state, 32 percent from federal, and
18 percent from local funding sources.
Transit operators have prioritized numerous marketing initiatives as the region moves toward a
recovery phase. Enhanced safety and cleaning protocols have remained a top priority to protect
the public and employees. Strategic planning is underway for many transit operators to add back
previously reduced service levels; additional community engagement with major employers and
colleges and university is being conducted; and free ride programs to attract youth, college
students, and veterans have been implemented.
The report gives a glimpse of where these modes of transit are heading. Only a portion of the
impacts of COVID-19 can be captured in the FY 2019/20 numbers as stay-at-home orders were
issued in the last quarter of FY 2019/20 (April-June). A better understanding of the impact of
COVID-19 on transit will likely be gleaned in the next edition of the report which will include final
audited data for FY 2020/21.
FISCAL IMPACT:
This item does not have any budgetary impacts to the Commission.
Attachment: Countywide Transit Report: Fiscal Years 2017/18 - 2019/20
367
Total Operating Costs
Breakdown of Total Operating Costs by Fund Source
$146.9M
Local Funds18%
FederalFunds*32%State Funds 50%
FY 17/18
$157.5MFY 18/19
$155.7M
FY 19/20
Riverside County Facts
7,200 Square Miles
2.5 million Residents
Riverside County Transit Report
FY 2017/18 - FY 2019/2020
5 Modes of Public Transit
Public Transit Ridership Annual Passenger Trips
Rail Fixed-Route Bus
Vanpool Services
Public Demand Response(advance reservation services)
Specialized Transportation
17.1M
1.2%
-4.5%-4.3%-3.0%
1.9%
-19.0%
16.3M 15.6M 15.1M
15.5M
12.5M
FY
19/20
FY
18/19
FY
17/18
FY
16/17
FY
15/16
FY
14/15
*Includes federal stimulus funds
The Countywide Transit Report presents a high-level picture of the public transit
network in Riverside County and the relative efficiency and costs of services.
Riverside County has an extensive network comprised of commuter rail,
fixed-route and demand response bus, specialized transportation services, and
a vanpool services. These services include nine public transit service providers
and 18 community-based service operators.
The last several years has brought great change and opportunities in public
transit. Ridership declines between 2014 and 2018 were occurring in southern
California and throughout the nation. Researchers from UCLA studied trends
and determined that increased car ownership contributed to the lost of public
transit ridership. Transit agencies in the county remained engaged and imple-
mented various initiatives to attract new riders and in 2019 saw promising
results to reverse the trend. Unfortunately, in March 2020, the Coronavirus
pandemic resulted in stay-at-home orders, causing ridership to plummet up to
80% on some services. Transit agencies adapted to public health orders
swiftly, implemented additional safety standards, and modified service levels
as necessary to be cost effective and meet customer demand.
Looking Forward - Recovery Initiatives in Riverside County
Since the initial drop in ridership, transit operators have prioritized safety and
cleaning protocols to protect the public. The focus is now on recovery
initiatives to regain ridership and meet the growing population in Riverside
County.
Marketing initiatives such as free rides for youth and college students, and in
some cities the general public, are underway throughout the county to
welcome back riders and encourage new users.
Strategic plans such as Comprehensive Operational Analyses are being devel-
oped to determine how transit operations can best navigate changing
customer travel patterns while achieving productivity goals.
Zero-emission vehicle planning and implementation will continue to be a
capital priority. Transit operators such as SunLine are paving the way in
research and development, and by 2023 all operators in the county will have
developed zero emission bus roll-out plan
368
3,265,614 passengers
3,170,251 passengers
2,453,579 passengers
FY
17/18
FY
18/19
FY
19/20
$17.7M
$19.7M
$21.3M
FY
17/18
FY
18/19
FY
19/20
769,432
758,136
FY 17/18
809,328 FY 19/20
FY 18/19
Commuter Rail
Riverside Line Riverside to Los Angeles Passenger Boardings
for Lines Transversing Riverside County
Metrolink Operating Subsidy
for Riverside County
Service Miles
Inland Empire-Orange County Line
San Bernardino to Oceanside
91/Perris Valley Line
Perris Valley to Los Angeles via Fullerton
12
Trains on
Weekdays
59
Route
Miles
100
Route
Miles
16
Trains on
Weekdays
4
Trains on
Weekends
84
Route
Miles
15
Trains on
Weekdays
4
Trains on
Weekends
$5.5 million
$5.3 million
$6.5 million
FY
17/18
FY
18/19
FY
19/20
Station Operations & Maintenance Cost
The Commission is a member agency of the Southern California Regional Rail Authority, which provides commuter rail service better known as
Metrolink. Metrolink provides seven commuter lines, three of which serve Riverside County. Metrolink is an effective alternative for commuters
within the southern California region traveling to major employment and destination centers, taking pressure off freeways and reducing congestion.
RCTC owns and maintains all nine Metrolink stations and rail property along the Perris Valley Line in the county. The stations are multimodal transit
centers with regional and local bus connections that also serve as park & ride locations to encourage rideshare. Station rehabilitation projects
continue to be a priority, using more environmentally sustainable methods while maintaining the highest standards of safety and security.
Station Passenger Distribution 369
Fixed-Route Bus Services
13.2 passengers
13.2 passengers
11.2 passengers
Passenger Boardings
Revenue Service Hours Average Passengersper Hour
12,763,91112,592,168
PVVTA
956,603
FY 18/19
10,418,477
FY 19/20
FY 17/18
FY
17/18
FY
18/19
FY
19/20
967,014FY 18/19
930,186
FY 19/20
FY 17/18 1%
2%
Total Operating Costs
$98.6M
$102.8M
$95.9M
FY
18/19
FY
19/20FY
17/18
22.8%
21.7%
FY 17/18
FY 18/19
Farebox Recovery Ratio
23.1%FY 19/20
Riverside County has six operators that provide local, intercity, and express
fixed route bus services. These services provide an environmentally friendly
alternative for residents to travel to work, school, medical appointments, and
other essential tasks.
Transit operators continue to partner with one another and local
jurisdictions to seek new funding opportunities to expand services.
Farebox recovery ratio is a key performance
indicator that is state-mandated. Farebox recovery
minimums vary by operator, generally 20% for
urban areas and 10% for rural areas. Due to
Covid-19, legislation was enacted in 2020 to waive
farebox recovery requirements
Increased Bus Use in 2019 College Pass Programs
370
Public Demand Response Services
2.3 passengers
2.4 passengers
2.2 passengers
One-way Passenger Boardings
Revenue Service Hours Average Passengersper Hour
771,469804,792
343,448
FY 18/19
550,043
FY 19/20
FY 17/18
FY
17/18
FY
18/19
FY
19/20
320,543FY 18/19
248,398
FY 19/20
FY 17/18
5%30%
Total Operating Costs
$26.0M$26.2M
$25.3M
FY
18/19
FY
19/20FY
17/18
11.0%
11.7%
FY 17/18
10.2%FY 19/20
FY 18/19
Farebox Recovery Ratio
Demand response, or paratransit services, in the county are modeled as shared ride
public transportation system with advance reservations, enabling routes and schedules
to be structured to transport multiple passengers to their destinations.
Complementary paratransit service is provided within 3/4 of a mile from a local
fixed-route service. These services are typically provided to seniors and those who qualify
under the Americans with Disabilities Act, and are intended for individuals who are
unable to use the fixed-route bus system.
Public demand response riders are among the most vulnerable users in the
transportation network. It is anticipated that even after Covid-19 restrictions are lifted,
ridership recovery for the senior and disabled population on paratransit services will take
longer than fixed-route services.
Similar to fixed route services, farebox recovery for paratransit service is closely
monitored. The farebox recovery ratio requirement is 10% for demand response services.
Travel training programs such as RTA's Freedom to Go have been successful at teaching
Dial-A-Ride users and others to utilize fixed-route services, enabling passengers to gain
more independence and mobility choices while creating cost savings.
371
Specialized Transit Program
Western Riverside County
$10.29
$9.10
$9.73
FY
17/18
FY
18/19
FY
19/20
19 Specialized Transit Programs
in 5 Categories
Demand response services
Operating assistance for services for individuals who
cannot be served by existing public transit.
Mileage reimbursement programs
reimbursing volunteer drivers per mile for authorized
trips they provide
Bus pass programs
distributing day passes for the county’s fixed-route
bus system to human service agencies to assist with
clients’ urgent transportation needs
Mobility management programs
assisting clients by providing information on how to
use the transportation options that are available to
them
Travel training programs
teaching riders how to plan trips, navigate and use
the public transit fixed-route bus system
Average Subsidy Per Boarding
$2.2M
$2.4M
$2.2M
FY
17/18
FY
18/19
FY
19/20
Measure A Subsidy
for Western Riverside County
214,894passengers
262,174 passengers
225,901 passengers
FY
17/18
FY
18/19
FY
19/20
Passenger Boardings
Inclusive of travel training and bus pass program trips.
A portion of Measure A, the 1⁄2-cent local sales tax revenues are used for specialized transit services. In Western Riverside
County, RCTC awards funding to public and human service providers of transit services for persons with disabilities, low income,
seniors, and veterans through the Specialized Transit Program. These specialized services meet the needs of the most vulnera-
ble population that are either outside of the fixed-route bus and senior and disabled public demand response service areas, or
have specific needs that cannot be met usi ng traditional services. These services expand mobility options for individuals who
cannot drive, have no one to drive them or have difficulty using public transit.
In the Coachella Valley, Measure A transit funds are allocated to SunLine, and are also used to expand transit options and keep
costs low for seniors and the disabled.
372
33 vanpools
68 vanpools
67 vanpools
Revenue Service Hours Average Vanpoolsper Month
2,694*FY 17/18
FY
17/18
FY
18/19
FY
19/20
35,720FY 18/19
33,946
FY 19/20
Total Operating Costs
$1.0M
$1.1M
$293K*
FY
18/19
FY
19/20FY
17/18
70.7%
FY 17/18
76.7% FY 19/20
FY 18/19
Farebox Recovery Ratio
Vanpool
10,692* less trips
128,042 less trips
122,470 less trips
FY
17/18
FY
18/19
FY
19/20
Single Occupancy Vehicle
Trips Eliminated
13,474*passengers
160,360 passengers
153,432 passengers
FY
17/18
FY
18/19
FY
19/20
Passenger Boardings
in Western Riverside County
*FY 17/18 only includes 2 months of information
20.6%*
In May 2018, RCTC initiated a new Vanpool program for Western River-
side County called VanClub. Vanpool programs are highly effective at
reducing traffic and vehicle emissions by reducing the number of
vehicles traveling daily. VanClub was created to support long-distance
commuters, by offering a subsidy of up to $400 per month towards the
cost of the vanpool leases.
They also serve as a public transportation alternative in areas that are
hard to serve by transit and can be an amenity for employers to attract
and retain employees.
373
SAN BERNARDINO CO.
RIVERSIDE CO.
R
I
V
E
R
S
I
D
E
C
O
.
O
R
A
N
G
E
C
O
.
RIVERSIDE CO.
SAN DIEGO CO.
SAN BERNARDINO CO.
RIVERSIDE CO.
Blythe
RIVERSIDE CO.
133
241
1
76
74
405
INTERSTATE
CALIFORNIA
73
74
15
INTERSTATE
CALIFORNIA
10
INTERSTATE
CALIFORNIA
10
INTERSTATE
CALIFORNIA
10
INTERSTATE
CALIFORNIA
10
INTERSTATE
CALIFORNIA
10
INTERSTATE
CALIFORNIA
215
INTERSTATE
CALIFORNIA
215
INTERSTATE
CALIFORNIA
15
INTERSTATE
CALIFORNIA
15
INTERSTATE
CALIFORNIA
215
INTERSTATE
CALIFORNIA
210
60
71
91
91
74
74
79
79
79 243
111
62
60
YuccaValley
Twentynine Palms
RanchoMirage
Palm Springs
PalmDesert
La Quinta
Indio
Desert Hot Springs
Coachella
CathedralCity
Wildomar
Menifee
Eastvale
Temecula
CanyonLake
LakeMatthews
LakePerris
VailLake
NewportBeach
Murrieta
LakeElsinore
LagunaWoods
LagunaNiguel
Irvine
AlisoViejo
SanJacinto
San Bernardino
Perris
MorenoValley
Highland
Hemet
BeaumontBanning
Yorba Linda
Walnut
Upland
Tustin
Santa
Ana
SanDimas
Rialto
RanchoCucamonga
Pomona
Placentia
Ontario
Norco
JurupaValley
LaVerne
Glendora Fontana
DiamondBar
Corona
Claremont
Chino Hills
Brea
Anaheim
Riverside
Calimesa
Diamond ValleyLake Riverside Transit Agency
Corona Cruiser
Banning Transit
Beaumont Transit
Sunline Transit Agency
Palo Verde Valley Transit Agency
Routing reflects pre-covid
services, some routes may
currently be suspended.
Riverside Transit Routes
Los Angeles
Riverside
Western Riverside County Coachella Valley
Palo VerdeValley
San Bernardino
Temecula
Palm Springs
Blythe
Riverside County Transit Routes
YuccaValley
Twentynine Palms
RanchoMirage
Palm Springs
PalmDesert
La Quinta
Indio
Desert Hot Springs
Coachella
CathedralCity
Wildomar
Menifee
Eastvale
Temecula
CanyonLake
LakeMatthews
LakePerris
VailLake
NewportBeach
Murrieta
LakeElsinore
LagunaWoods
LagunaNiguel
Irvine
AlisoViejo
SanJacinto
San Bernardino
Perris
MorenoValley
Highland
Hemet
Beaumont Banning
Yorba Linda
Walnut
Upland
Tustin
Santa
Ana
SanDimas
Rialto
RanchoCucamonga
Pomona
Placentia
Ontario
Norco
JurupaValley
LaVerne
Glendora Fontana
DiamondBar
Corona
Claremont
Chino Hills
Brea
Anaheim
Riverside
Calimesa
Diamond ValleyLake
Corona - West Station
Riverside - La Sierra Station
Riverside - DowntownStation
Riverside - Hunter Park/UCR Station
Moreno Valley/ March FieldStation
Perris - DowntownStation
Perris - SouthStation
Jurupa Valley - Pedley Station
Corona - NorthMain Station
133
241
142
259
71
1
55
66
57
76
30
91
74
74 74
60
90
22
5
INTERSTATE
CALIFORNIA
210
INTERSTATE
CALIFORNIA
10
INTERSTATE
CALIFORNIA
215
INTERSTATE
CALIFORNIA
15
INTERSTATE
CALIFORNIA
10
INTERSTATE
CALIFORNIA
405
INTERSTATE
CALIFORNIA
73
371
111
243
247
74
62
79
79
38
15
INTERSTATE
CALIFORNIA
215
INTERSTATE
CALIFORNIA
60
10
INTERSTATE
CALIFORNIA
91
15
INTERSTATE
CALIFORNIA 60
215
INTERSTATE
CALIFORNIA
79
Riverside Commuter Rail Routes & Stations
374
COUNTYWIDE TRANSIT REPORT:FISCAL YEARS 2017/18 –2019/20
Commission Meeting
July 14, 2021
Lorelle Moe-Luna, Multimodal Services Director
1
Purpose
2
Role as the
RTPA
TDA
Requirements
Performance
Monitoring
State of
Transit
Overview
Service Overview
3
Palo Verde Transit Agency
7,200 square miles 2.5 million residents
How much does it cost?
4
Metrolink
Subsidy,
13%
RCTC
Stations, 4%
Fixed-Route
Bus , 65%
Demand
Response,
17%
Specialized
Transit , 1%
Vanpool, 1%
Average Breakdown of funding by Program
$146.9
$157.5
$155.7
$140.0
$142.0
$144.0
$146.0
$148.0
$150.0
$152.0
$154.0
$156.0
$158.0
$160.0
FY 17/18 FY 18/19 FY 19/20
Total Operating Costs
Riverside County
5
How are we paying for it?
State, 56%
Local, 22%
Federal
Funds, 21%
State,
50%
Local,
18%
Federal
Funds*,
32%
Average Annual Breakdown
Annual Breakdown with
Stimulus Funds
Federal Funds
-FTA Formula Funds
-CMAQ Funds
Local Funds
-Passenger Fares
-Measure A
-MSRC
State
-LTF
-STA
-LCTOP
How is Farebox Recovery?
6
15.0%
16.0%
17.0%
18.0%
19.0%
20.0%
21.0%
22.0%
23.0%
24.0%
25.0%
FY 17/18 FY 18/19 FY 19/20
Fixed-Route Bus Farebox
9.5%
10.0%
10.5%
11.0%
11.5%
12.0%
FY 17/18 FY 18/19 FY 19/20
Demand Response Farebox
0.0%
20.0%
40.0%
60.0%
80.0%
100.0%
FY 17/18 FY 18/19 FY 19/20
VanClub Farebox
Major Trends
7
17,123,081 16,344,935 15,647,898 15,180,657 15,470,713
12,527,798
1.2%
-4.5%-4.3%-3.0%
1.9%
-19.0%
-20.0%
-15.0%
-10.0%
-5.0%
0.0%
5.0%
10.0%
15.0%
20.0%
0
2,000,000
4,000,000
6,000,000
8,000,000
10,000,000
12,000,000
14,000,000
16,000,000
18,000,000
FY 14/15 FY 15/16 FY 16/17 FY 17/18 FY 18/19 FY 19/20
Annual Passenger Boardings and
Percent Change from Prior Year
Looking Ahead
Prioritized safety and cleaning protocols
Marketing initiatives to regain ridership, including free fares for youth and college students
8
Strategic operational planning such as Comprehensive Operational Analyses, Capital Improvement Plans
New regulations are shaping the face of transit to move to zero emissions
QUESTIONS/COMMENTS
9
rctc.org
951.787.7141
info@rctc.org
@theRCTC
10
AGENDA ITEM 9
Agenda Item 9
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: July 14, 2021
TO: Riverside County Transportation Commission
FROM: Budget and Implementation Committee
Brian Cunanan, Commuter & Motorist Assistance Manager
THROUGH: Anne Mayer, Executive Director
SUBJECT: Fiscal Year 2021/22 Commuter Assistance Program Recommendations
BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION:
This item is for the Commission to:
1) Approve Agreement No. 21-41-123-00 among the Riverside County Transportation
Commission (Commission), San Bernardino County Transportation Authority (SBCTA), Los
Angeles County Metropolitan Transportation Authority (LACMTA), Orange County
Transportation Authority (OCTA), and Ventura County Transportation Commission
(VCTC), for a total contract amount of $977,719 for Regional Rideshare Software over a
three-year term, including the Commission’s total share of $186,444 inclusive of $18,000
in contingency;
2) Approve Agreement No. 20-41-090-01, Amendment No. 1 to Agreement
No. 20-41-090-00, with SBCTA for Rideshare Program Implementation, removing
Rideshare and Vanpool Software expenses from the Scope of Work and incorporating
them into Agreement No. 21-41-123-00;
3) Approve Memorandum of Understanding No. 21-41-122-00 between LACMTA, OCTA,
RCTC, SBCTA, and VCTC to merge and consolidate the agencies’ rideshare databases;
4) Adopt Resolution No. 21-013, “Resolution of the Riverside County Transportation
Commission Adopting Amended Guidelines for the Administration of the Measure A
Funded Commuter Incentive Projects as Part of Its Commuter Assistance Program”; and
5) Authorize the Chair or Executive Director, pursuant to legal counsel review, to finalize and
execute the agreements on behalf of the Commission.
BACKGROUND INFORMATION:
While much of the Commission’s work focuses on enhancing transportation infrastructure, there
is significant value in ensuring the transportation systems are used efficiently. To foster more
efficient use of the transportation network, the Commission’s Commuter Assistance Program
(CAP) works to increase the awareness and consideration of all commute options and incentives
available to commuter constituents and to increase consideration for alternative modes of
transportation such as riding a bus or train, carpooling, vanpooling, walking, bicycling, or
teleworking. As such, the Commission implemented the CAP as a specific requirement under the
375
Agenda Item 9
2009 Measure A Western County Public Transit program to address congestion mitigation. In
addition to improving mobility overall, commuter assistance or ridesharing helps improve the
quality of life on the commuter front, helps to lower costs and increase productivity on the
employer front, and has a positive impact on the environment.
Inland Empire Commuter Programs
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.
SBCTA has contracted with the Commission to develop, implement, and manage a CAP for
San Bernardino County since 1993.
Rideshare Program Administration
Administration and outreach for this bi-county effort is coordinated and funded between
Commission and SBCTA staff and ultimately performed through consultant services. In May 2015,
following a competitive bid, the Commission awarded an agreement to WSP for CAP
administration and marketing. In 2018, the contract was amended to include the implementation
and ongoing operation of the Commission’s vanpool program (VanClub). WSP’s program
administration and outreach scope includes:
• Program Outreach – Outreach targeting employers to establish rideshare programs at
worksites throughout Riverside and San Bernardino counties. Marketing campaigns are
provided to employer partners and distributed to their respective employee base. Online
advertising, social media, events, and regional promotions such as Rideshare Week
engage commuters directly.
• Employer Services – Various services to employers in the bi-county area including the
provision of marketing promotions, rideshare survey processing, employer network
meetings, and event support. The program administrator also assists employers with
average vehicle ridership calculations related to the South Coast Air Quality Management
District Rule 2202 requirements for employers with 250 or more employees.
• Rideshare Incentives – Incentives focused on increasing consideration for alternative
commute modes including: (a) $2/Day Rideshare Incentive for new rideshare participants
that try ridesharing to work for a three-month trial period; (b) Rideshare Plus rewards for
consistent rideshare behavior with access to discounts to local and national merchants,
powered by Entertainment; and (c) Rideshare Rewards Spotlight monthly rewards
random drawing to encourage commuters to continue ridesharing and logging their
rideshare miles.
• Guaranteed Ride Home – A guaranteed ride home at no cost to employees who rideshare
to work in the event of an emergency or unexpected overtime by them or the driver of
their rideshare arrangement (maximum two per year).
• Ridematching and Information Services – Commuter and employer access to online tools
and resources, call center (866-RIDESHARE) and chat services during business hours for
376
Agenda Item 9
those interested in assistance with ridematching or transit options and to address general
rideshare questions.
• IE Commuter – The online system and brand launched in FY 2014/15 under which
employer and commuter rideshare services are provided in western Riverside County and
San Bernardino County.
• VanClub – The Commission’s vanpool program subsidizing eligible vanpools destined for
worksites in western Riverside County.
• Telework Employer Assistance – Provision of telework resources and incentives.
This suite of commuter incentives, employer programs, and outreach is designed to reduce the
number of single-occupant vehicle miles related to work commutes and to help improve regional
mobility and air quality. Based purely on IE Commuter rideshare incentive participation alone, it
is estimated that WSP’s efforts to date have translated into approximately 34.9 million miles
reduced and 49.7 million pounds of pollutant emissions reduced.
Rideshare/Vanpool Software and Database
In addition to the administration and outreach elements of the program, another critical
component of the CAP is the web-based system that hosts the commuter database, facilitates
ridematching, and provides a variety of features and tools to commuters, employer partners, and
consultant staff to support rideshare and vanpool program efforts.
In June 2019, the Commission approved the current agreement with SBCTA continuing a bi-
county program and added the first step toward regionalization of the rideshare system and
database. Traditionally, this agreement is a one-way reimbursable agreement with SBCTA
reimbursing the Commission for program administration. The current agreement established a
two-way reimbursable agreement that added reimbursement to SBCTA for rideshare software,
which transitioned the Commission’s and SBCTA’s bi-county Inland Empire (IE) Commuter
rideshare program and the Commission’s vanpool program to the same rideshare software that
LACMTA, OCTA and VCTC utilize, (regional rideshare software).
The Commission and SBCTA fully transitioned the IE Commuter rideshare program and the
Commission’s vanpool program to the regional rideshare software in July 2020, available at
IECommuter.org and VanClub.net, respectively. Now that the regional rideshare agencies
operate on the same software, focus has shifted to merging the regional rideshare agencies’
rideshare databases, also referred to as the “consolidated database”.
DISCUSSION:
The Commission has approved efforts toward regionalization of commuter services elements
that are cost effective and enhance value and service to commuter constituents and employer
partners. The following discussion and recommendations reflect additional steps toward that
end and layers in additional recommendations to help ramp transit back up and consideration
for all alternative modes of transportation.
377
Agenda Item 9
Recommendation for Regional Agreements
The last step toward a consolidated database for the region is to merge the current regional
rideshare databases (Riverside/San Bernardino County and Los Angeles/Orange/Ventura County
databases). As such, staff recommends approval of Agreement No. 21-41-123-00 for Regional
Rideshare Software that will authorize SBCTA to make the regional rideshare software available
to the Commission, LACMTA, OCTA, and VCTC through June 30, 2024. Incorporating the regional
rideshare software and database under one contract will assist in future coordinated efforts and
modifications to the regional rideshare software and database, including jointly procuring future
software and database services, with no interruptions to the consolidated database. The cost for
the Regional Rideshare Software is $977,719 and will be shared among the agencies based on
county population share, similar to how the regional rideshare agencies implement other
activities. Accordingly, the Commission’s cost is $186,444, which includes an $18,000 contingency
amount for Commission-specific or regional modifications and/or enhancements.
Concurrent with approval of the Regional Rideshare Software Agreement, staff also recommends
approval of Amendment No. 1 to Agreement No. 20-41-090-00 between the Commission and
SBCTA for the bi-county commuter assistance program administration and rideshare software.
This amendment removes SBCTA’s provision of that portion of the rideshare software that is now
incorporated in the five-party Regional Rideshare Software Agreement.
Lastly, staff recommends approval of Memorandum of Understanding (MOU) No. 21-41-122-00
among the Commission, SBCTA, VCTC, OCTA and LACMTA to merge and consolidate the agencies’
rideshare databases. This MOU sets forth the data ownership, privacy, confidentiality and
responsibilities of the regional rideshare agencies as users of the regional rideshare consolidated
database.
In addition to providing a more cost-effective framework while enhancing the service to
commuter and employer constituents, the agreements associated with the regional rideshare
program will allow the regional rideshare agencies to be on the same contract terms, share costs
in software modifications as needed and more easily jointly procure software and maintenance
of the regional rideshare consolidated database going forward.
The aforementioned recommendations set the stage for regional consistency of the rideshare
system and database used by thousands of worksites and hundreds of thousands of commuters
throughout the five-county southern California region. The following recommendation seeks to
establish consistency for Commission CAP operated programs, services, and incentives to
employers and commuter constituents throughout the County.
Recommendation for Countywide Commuter Assistance Program in Riverside County
Transportation Demand Management (TDM) efforts to transition SOV drivers to rideshare and/or
telework arrangements has a significant and beneficial impact on mobility by significantly
reducing regional trips, vehicle miles traveled, and emissions emitted. As such, the Commission’s
378
Agenda Item 9
CAP was implemented in Western Riverside County as a specific requirement under Measure A
to help address congestion mitigation related to work commutes. Through the distribution of
commute information and incentives, IE Commuter is a TDM tool of the CAP that supports
increasing awareness and consideration for rideshare and/or telework amongst single occupancy
vehicle (SOV) drivers.
While the Commission does make an effort to work with Coachella Valley employers through the
IE Commuter program, due to differences in Measure A funding streams, the Commission is
currently not able to offer its $2/day Rideshare Incentive to Riverside County commuter
constituents outside of Western Riverside County. This leaves the CAP without a valuable tool in
to help motivate ridesharing arrangements and reduce SOV behavior amongst Coachella Valley
employers or employers with Coachella Valley residents. Another consequence is confusion and
inequity for employers with employees from Riverside County but not eligible for the same
incentive because they live in different geographic areas of the same county. Expanding the
IE Commuter incentive’s eligibility can address this confusion and help stimulate rideshare
activity in eastern Riverside County based on success leveraging the incentive by employers with
eligible commuter employees from western Riverside County and San Bernardino County and
from direct feedback received by IE Commuter consultant staff from Coachella Valley employers.
Staff requested an estimate from WSP to expand the IE Commuter program to support a
concerted effort to engage, recruit, and administer IE Commuter program participation from new
employer partners and commuters in eastern Riverside County. The total estimate of $359,300
is comprised of labor, travel, and incentives. The labor portion of $180,300 supports the addition
of one full-time WSP Employer Services Representative that would focus on eastern Riverside
County, and the incentive portion of $173,000 reflects projected incentive amounts passed
through directly to commuter participants.
Staff recommends revising WSP’s scope of work via an administrative amendment to support an
eastern Riverside County expansion and to update incentive eligibility requirements (addressed
in next section). Based on the balance available in the WSP contract and projected expenses for
FY 2021/22 to support the core CAP, no additional authorization to the contract value is needed
to accommodate the one-year pilot program expansion. Funding to support this demonstration
effort has been allocated from Service Authority for Freeway Emergency (SAFE) funds in the
recently approved FY 2021/22 budget. SAFE funds are traditionally applied to the Commission’s
Motorist Assistance programs such as Freeway Service Patrol, Call Box, and 511 traveler
information services; however, TDM is also an eligible application. Staff will monitor and report
on IE Commuter employer recruitment, incentive participation, resulting trips, miles, and
emissions reduced while exploring sustainable funding options toward a permanent Countywide
CAP program beyond FY 2021/22.
Recommendation for Measure A Resolution
The next 12 months mark a critical window of opportunity as employers and commuters continue
to navigate past the COVID-19 pandemic and an eventual transition back to the worksites (or not)
379
Agenda Item 9
in the new “normal.” For returning employees with a commute, full or part-time at the worksite,
the CAP seeks to maximize consideration and adoption of alternative transportation modes
before they can settle back in to a permanent SOV pattern.
As such, concurrent with approval of recommendations supporting a Countywide CAP in
Riverside County, staff also requests adoption of a Measure A resolution to strengthen the
incentives available in western Riverside County while expanding eligibility to eastern Riverside
County commuter constituents. The resolution is structured such that the expansion may
continue beyond the one-year pilot term should non-Measure A funding options be available and
at the Executive Directors discretion. Below is a summary of the recommendations reflected in
the attached resolution:
• Replace the $2/Day Rideshare Incentive with a new $5/Day Rideshare Incentive: The
purpose of the new incentive is to stimulate consideration for ridesharing by providing a
compelling incentive for commuters to try ridesharing for a minimum of three months.
Staff also recommends establishing a maximum payout of $125 per eligible participant.
Incentives are provided in gift cards (Amazon, Stater Bros, or Target) to the employer
transportation coordinator to distribute to eligible employees. This incentive structure
establishes a more compelling offering while maintaining a cap commensurate with the
current incentive.
• Allow concurrent participation in $5/Day Rideshare Incentive and vanpool subsidy
programs: As currently structured, Riverside County commuters who join or start a new
vanpool that is subsidized (group benefit) are excluded from participating in the startup
rideshare incentive (individual benefit). All forms of transit, including subsidized vanpools,
experienced significant decreases in ridership due to the COVID-19 pandemic. This
recommendation seeks to undo this restriction to assist in new vanpool formation and to
align with the SBCTA’s guidelines which allow for stacking and for consistency within the
IE Commuter program.
• Provide an extra $100 subsidy for eligible VanClub vanpools that are also zero emission:
Commute with Enterprise, an approved VanClub vanpool vendor has added a
zero-emission vanpool option available to participants. Adoption of this vehicle option
helps reduce congestion while also providing the highest emission reduction benefit;
however, zero emission vanpool vehicles are more costly to lease. As such, staff
recommends an incremental incentive to help foster adoption of zero emissions vanpools
for VanClub and for parity with other local vanpool subsidy programs such as SBCTA’s SB
Loop and Sunline’s SolVan programs. Concurrent with the approval of this specific
recommendation, staff will administratively amend the scope of existing VanClub vanpool
vendors to reflect the special subsidy amount for zero emission vanpool vehicles.
• Expand eligibility of all CAP incentives to eastern Riverside County commuter
constituents: Riverside County is the only county with a bifurcated TDM program. The
goal of this recommendation is to demonstrate the potential for a standardized CAP and
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Agenda Item 9
eligibility of incentives across all of Riverside County in FY 2021/22 while exploring funding
options to maintain this countywide CAP going forward. Riverside County commuters are
burdened with some of the longest commutes in the region and have the most to gain
from discovering and converting to an alternative commute to work. Ridesharing as
opposed to driving oneself to work can have a profound impact to an individual’s quality
of life, particularly those with longer commutes. Funding has been identified and included
in the FY 2021/22 budget to support a one-year term for this expansion.
• Expand eligibility (temporary basis only) of the $5/Day program to out of county
participants: In addition to updating the resolution to incentivize commuters originating
from any part of Riverside County, staff recommends expanding eligibility to also include
incentivizing commuters, regardless of their county origin, commuting to worksites in
Riverside County, on a temporary basis in FY 2021/22. The temporary nature of this
“promotion” generates urgency and helps to stimulate a rideshare reset reducing
congestion both in to and out of the county.
The proposed restructuring of the incentives and eligibility with the adoption of the attached
resolution will provide a compelling incentive package to help support CAP goals through
FY 2021/22. Major objectives for the CAP include restarting rideshare/transportation programs
amongst core employer partners, expanding beyond the CAPs traditional target markets to grow
the number of and participation from a broader based of employers and commuters in the
region, and to help ramp up all forms of transit.
FISCAL IMPACT:
All expenses pertaining to the recommendations are reflected in the CAP approved FY 2021/22
budget. Staff does not anticipate requiring any contract cost modifications to the WSP contract
or budget adjustments to support staff recommendations, but staff will report on performance
and reassess during the mid-year budget adjustment process.
Financial Information
In Fiscal Year Budget: Yes
N/A Year: FY 2021/22
FY 2022/23+ Amount: $429,608
$116,136
Source of Funds: 2009 Measure A Western County
Commuter Assistance and SAFE funds Budget Adjustment: No
N/A
GL/Project Accounting No.:
002126 65520 00000 0000 263 41 65520 $132,618
002187 65520 00000 0000 263 41 65520 $53,826
632107 81001 00000 0000 263 41 81001 $186,300
632107 81030 00000 0000 263 41 81002 $173,000
Fiscal Procedures Approved: Date: 06/21/2021
Attachments:
1) Regional Rideshare Software Agreement No. 21-41-123-00 (draft)
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Agenda Item 9
2) Regional Rideshare MOU No. 21-41-122-00 (draft)
3) SBCTA Rideshare Agreement Amendment No. 20-41-090-01 (draft)
4) Measure A Resolution No. 21-013
Approved by the Budget and Implementation Committee on June 28, 2021
In Favor: 12 Abstain: 0 No: 0
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AGREEMENT NO. 21-1002572
REGIONAL RIDESHARE SOFTWARE AGREEMENT
This Agreement for Services (“AGREEMENT”) is entered into between the Los Angeles County
Metropolitan Transportation Authority ("LACMTA"), Orange County Transportation Authority
(“OCTA”), Riverside County Transportation Commission (“RCTC”), San Bernardino County
Transportation Authority (“SBCTA”) and the Ventura County Transportation Commission
(“VCTC”) (each individually a “Party” and collectively the “Parties”) for the Provision of the
Regional Rideshare Software (the “Project").
1.WHEREAS, SBCTA has entered into Contract No. 19-1002203 with Trapeze Software
Group, Inc. (“Trapeze”), whereby Trapeze provides services and licenses software to support
a regional rideshare database (“Regional Rideshare Software”);
2.WHEREAS, the Parties desire to enter into this AGREEMENT for SBCTA’s provision of the
Regional Rideshare Software as part of the effort to continue coordination of regional
rideshare services.
3.WHEREAS, the goal of the Project is to maintain and enhance the Regional Rideshare
Software, which is necessary to encourage commuters to carpool, vanpool, take bus and rail,
telecommute, bike and walk to Southern California worksites;
4.WHEREAS, the Parties under a separate Memorandum of Understanding will consolidate
their rideshare databases into a single, 5-county regional rideshare database (“Consolidated
Database”) to better serve the traveling population of the region;
5.WHEREAS, SBCTA has agreed to perform services necessary to implement the Project on
the terms and conditions contained herein;
NOW, THEREFORE, the Parties to this AGREEMENT agree to the following terms and
conditions:
1.SCOPE OF SERVICES
A.The Parties understand and agree that LACMTA, OCTA, RCTC and VCTC are intended
third-party beneficiaries of the Regional Rideshare and Vanpool Program Online System
Agreement dated September 5, 2019 (Contract No. 19-1002203) as amended between
SBCTA and Trapeze Software Group, Inc. (“Trapeze”). The foregoing referenced
Agreement, attached as Attachment A, is referred to herein as the ‘Software Agreement.’
The Parties agree to comply with Attachment 1, Software License and Maintenance
Agreement, to the Software Agreement. SBCTA and its subcontractors shall furnish all
technical and professional services necessary to fully and adequately perform the tasks
set forth in Exhibit C of the Software Agreement (the “Services”).
B. SBCTA shall perform the Services in accordance with the Budget attached as Attachment
ATTACHMENT 1
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B, which is incorporated herein by reference. A Party(s) may request a modification to
the Regional Rideshare Software as further outlined in Section 10 and SBCTA may
release contingency funds as allocated in the budget provided the Party requesting the
modification provides written approval of such release of contingency, and further
provided the total budget amount is not exceeded.
C. SBCTA understands that some Party(s) may utilize Congestion Mitigation & Air Quality
(“CMAQ”) Funding for this Project and will administer the Project in accordance with
CMAQ Guidelines, as adopted or amended.
2. TERM
A. This AGREEMENT shall commence on July 1, 2021, and terminate on June 30, 2024, or
until otherwise terminated, or unless extended as hereinafter provided by written
amendment, except that all indemnity obligations hereunder shall survive termination of
this AGREEMENT.
B. All eligible Project expenses as outlined in this AGREEMENT shall be reimbursed in
accordance with the terms and conditions of this AGREEMENT unless otherwise agreed to
by the Parties in writing.
C. Should a Party(s) determine there are insufficient Funds available for the Project or wish
to terminate this AGREEMENT for convenience, the terminating Party(s) may terminate
their participation in the AGREEMENT by giving written notice to each Party by April
1st of each year. The termination date will be effective as of July 1st of the same year the
written notice was provided. If a Party terminates its participation in the AGREEMENT
pursuant to this section, the terminating Party(s) will not reimburse SBCTA any costs
incurred after the termination date, except Trapeze Work Orders approved by the
terminating Party(s) prior to the termination notice, for which work has commenced by
Trapeze. The terminating Party(s) share of these costs will be consistent with the
established funding percentages outlined in the AGREEMENT.
3. PAYMENT OF COMPENSATION
LACMTA, OCTA, RCTC and VCTC shall reimburse SBCTA for the amounts set forth
below (the “Funds”) for the Project:
A. LACMTA shall reimburse SBCTA an amount not to exceed FOUR HUNDRED
NINETY-FOUR THOUSAND, ONE HUNDRED FIVE DOLLARS ($494,105) for the
actual costs of the Services provided under this AGREEMENT, subject to the terms and
conditions contained herein.
B. OCTA shall reimburse SBCTA an amount not to exceed ONE HUNDRED THIRTY-
SEVEN THOUSAND, FOUR HUNDRED SIXTY-SIX DOLLARS ($137,466) for the
actual costs of the Services provided under this AGREEMENT, subject to the terms and
conditions contained herein.
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C. RCTC shall reimburse SBCTA ONE HUNDRED EIGHTY SIX THOUSAND, FOUR
HUNDRED FOURTY-FOUR DOLLARS $186,444 for the actual costs of the Services
provided under this AGREEMENT, subject to the terms and conditions contained herein.
D. SBCTA shall be responsible for an amount not to exceed ONE HUNDRED TWENTY
FIVE THOUSAND, TWO HUNDRED NINE DOLLARS ($125,209) for the actual costs
of the Services provided under this AGREEMENT, subject to the terms and conditions
contained herein.
E. VCTC shall reimburse SBCTA an amount not to exceed THIRTY FOUR THOUSAND,
FOUR HUNDRED NINETY-FIVE DOLLARS ($34,495) for the actual costs of the
Services provided under this AGREEMENT, subject to the terms and conditions
contained herein.
F. All costs, if any, associated with the initial implementation of the Consolidated Database
will be at no cost to LACMTA, OCTA and VCTC. RCTC and SBCTA will share the
initial costs associated with the Consolidated Database as outlined in this AGREEMENT.
G. The Parties shall jointly fund the Project and contribute their share of the Project as
outlined in Attachment B.
H. All disbursements of Funds shall be on a reimbursement basis only. Such disbursements
of Funds shall be considered an estimate subject to adjustment based on any Party’s audit
results.
I. Under no circumstances will the total amount of money paid to SBCTA for the Services
exceed the Funds, unless otherwise agreed to by the Party(s) in writing.
4. INVOICING
A. All invoices will be provided to LACMTA, OCTA, RCTC and VCTC on a quarterly
basis for only those quarters in which Services have been rendered. The quarterly invoice
shall include all appropriate documentation (such as contractor invoices, receipts, etc.).
All supporting documents must include a clear justification and explanation of their
relevance to the Project.
B. LACMTA, OCTA, RCTC and VCTC shall make payment to SBCTA within forty-five
(45) calendar days after receipt of SBCTA’s invoice prepared in accordance with
instructions above
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Invoices shall be addressed to:
LACMTA
Accounts Payable
P.O. Box 512296
Los Angeles, CA 90051-0296
AccountsPayable@metro.net
Re: AGREEMENT 21-1002572
OCTA
Accounts Payable
P.O. Box 14184
Orange, CA 92863-1584
vendorinvoices@octa.net
Re: AGREEMENT 21-1002572
RCTC
Accounts Payable
PO BOX 12008
Riverside, CA 92502-2208
ap@rctc.org
Re: AGREEMENT 21-1002572
VCTC
Commuter Services
751 E. Daily Drive #420
Camarillo 93010
cgrasty@goventura.org
Re: AGREEMENT 21-1002572
Payments shall be addressed to:
SBCTA
1170 W. 3rd Street, 2nd Floor
San Bernardino, CA 92410
5. AUDIT REQUIREMENTS/PAYMENT ADJUSTMENTS
A. LACMTA, OCTA, RCTC and VCTC, and/or their designee(s), shall have the right to
conduct audits of the Project, as deemed appropriate. LACMTA, OCTA, RCTC and
VCTC may commence a final audit within six months of receipt of acceptable final
invoice. SBCTA agrees to establish and maintain proper accounting and cash management
records and documents in accordance with Generally Accepted Accounting Principles
(GAAP). SBCTA shall reimburse LACMTA, OCTA, RCTC and VCTC for any
expenditure not in compliance with the Scope of Services and/or not in compliance with
other terms and conditions as defined by this AGREEMENT. SBCTA’s expenditures
submitted to LACMTA, OCTA, RCTC and VCTC for this project shall be in compliance
with 2 CFR Subtitle A, Chapter II Part 225 Cost Principles for State, Local and Indian Tribal
Governments (OMB Circular A87).
B. SBCTA’s records shall include, without limitation, accounting records, written policies
and procedures, contract files, original estimates, correspondence, change order files
(including documentation covering negotiated settlements) and invoices, (all collectively
referred to as “Records”), which Records shall be open to inspection and subject to audit
and reproduction by LACMTA, OCTA, RCTC and VCTC auditors or authorized
representatives to the extent deemed necessary by LACMTA, OCTA, RCTC and VCTC
to adequately permit evaluation of expended costs. These records must be retained by
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SBCTA for three years following final payment under this AGREEMENT.
6. DEFAULT
A Default under this AGREEMENT is defined as failure of a Party(s) to comply with the terms and
conditions contained herein including but not limited to; (i) A Party(s) failsfailure to comply with
the Attachment 1 to the Software Agreement; (ii) A Party(s) authorizes a Trapeze Work Order as
noted in Section 10 without SBCTA participation; (iii) SBCTA authorizes a Trapeze Work Order as
noted in Section 10 prior to obtaining written approval from the Party(s).
A waiver by a Party(s) of one default of another Party(s) shall not be considered to be a waiver of
any subsequent default of the other Party(s), of the same or any other provision, nor be deemed to
waive, amend, or modify this AGREEMENT.
7. REMEDIES:
A. In the event of a Default by a Party(s), the non-Defaulting Party(s) shall provide written
notice of such Default to the Defaulting Party(s) identifying the Default and providing a 30-
day period in which to cure the Default. In the event the Defaulting Party(s) fails to cure the
Default or commit to cure the Default and commence the same within such 30-day period to
the satisfaction of the non-Defaulting Party(s), the following shall apply:
1. If SBCTA is the Defaulting Party: (i) The non-Defaulting Party(s) may terminate
their participation in this AGREEMENT; (ii) the non-Defaulting Party(s) may cease
making disbursements of Funds to SBCTA, except that the non-Defaulting Party(s)
shall reimburse SBCTA for Services provided prior to the event constituting the
Default; and/or (iii) the non-Defaulting Party(s) may recover damages and/or
expenses from SBCTA’s default to the extent allowed by law or in equity.
2. If LACMTA, OCTA, RCTC or VCTC is the Defaulting Party: (i) SBCTA may
cease the provision of the Services; and /or (ii) SBCTA may recover damages and/or
expenses resulting from the Defaulting Party(s)’s to the extent allowed by law or in
equity.
B. The remedies described herein are non-exclusive. The Party(s) shall have the right to
enforce any and all rights and remedies herein or which may be now or hereafter available at
law or in equity.
8. COMMUNICATIONS
A. The Parties shall ensure that all Communication Materials (as defined in 8.B.) contain
recognition of the Parties’ contribution to the Project. The Parties shall ensure that at a
minimum, all Communications Materials shall include (i) the phrase “This project was
partially funded by LACMTA, OCTA, RCTC, SBCTA and VCTC” or alternative
acceptable minimum language as approved in writing by the Parties; and (ii) the Parties’
logos, with the exception of press releases, which do not require the Parties’ logos. Prior to
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use in Communications Materials, each Party verify and approve, in writing, the correct
logo. .
B. For purposes of this AGREEMENT, “Communications Materials” include, but are not
limited to, literature, newsletters, publications, websites, advertisements, brochures, maps,
information materials, video, radio and public service announcements, press releases, press
event advisories, and all other related materials.
C. The Parties shall ensure that any subcontractor, including, without limitation, public
relations, public affairs, and/or marketing firms hired by a Party(s) to produce
Communications Materials related to this Project will comply with the requirements
contained in this Section.
9. OWNERSHIP OF MATERIALS/EQUIPMENT/CONFIDENTIALITY/USE OF DATA
A. Ownership and Use Rights. Ownership and the right to use all documents, Data,
Software or Successor Software (as defined in Section 10), and materials shall be in
accordance with the Software Agreement. This AGREEMENT does not confer upon any
Party any right or interest in any other Party’s collected or owned technical data.
B. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings,
descriptions, computer program data, input record data, written information, and other
materials, either created by or provided to a Party in connection with the performance of
this AGREEMENT shall be held confidential by that Party. No other Party shall use such
materials for any purposes other than the performance of the Services without the prior
written consent of the Party from which the materials were obtained. Nor shall such
materials be disclosed to any person or entity for any purpose other than the performance
of the Services. Nothing furnished to a Party which is otherwise known to another Party
or is generally known, or has become known, to the related industry shall be deemed
confidential. Except as required by Section 8 of this AGREEMENT, the Parties shall not
use any other Party’s name or insignia, photographs of the project, or any publicity
pertaining to the Services in any magazine, trade paper, newspaper, television or radio
production or other similar medium without the prior written consent of that Party.
10. SOFTWARE LICENSING AGREEMENT AND PROVISIONS FOR USE
A. Software Licensing for the Regional Rideshare Software and products required under this
AGREEMENT shall be in accordance with the Software Agreement; in the event of a
conflict between the provisions of this AGREEMENT and the Software Agreement, the
provisions of the Software Agreement shall control. For the purposes of this
AGREEMENT, the below terms are defined as follows:
1. Software: The software programs and products or if the Regional Rideshare Software
is replaced, the successor software programs and products, provided such successor
software at a minimum performs the same functions as the Regional Rideshare Software,
that are licensed to the Parties or to be developed per the Software or Successor Software
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Module Enhancements noted in the paragraph below and delivered by SBCTA or its
subcontractors to the Parties under the AGREEMENT.
2. Software or Successor Software Enhancements: Enhancements or modifications
including but not limited to adding features or modules that are not provided under the
Software Agreement and that are made to Software or the Successor Software modules
by SBCTA or its subcontractors that are funded by a Party(s) or collectively the Parties
hereunder for the Project.
3. Data: The information, whether in hard copy, database, keypunch or other formats,
which is used as input to the Software or Successor Software or which is or has been
generated, collected, analyzed, created, prepared or developed by SBCTA, or its
respective subcontractors for the performance of the Project which is funded hereunder.
B. A Party(s) may request that SBCTA’s subcontractors generate Software or Successor
Software Enhancements using contingency funds identified in the Budget, Attachment B.
The requesting Party(s) may work directly with SBCTA’s subcontractors to develop a
Work Order for the requested modification(s), but the Work Order provided by SBCTA’s
subcontractors shall be approved and signed by SBCTA to ensure there is sufficient
budget for the enhancement(s). The cost share of the Work Order will be determined
based on the number of participating Party(s). If there is only one participating Party, the
cost will be the sole responsibility of that Party. If multiple Party(s) participate, the cost
will be shared by population share of the participating Party(s) or as otherwise agreed by
the participating Party(s). The cost share for each Work Order will be outlined and
attached to the Work Order, along with the written approval of all participating Parties,
including SBCTA.
The following shall apply for the Software or Successor Software and when any
Enhancements (Software or Successor Software) developed for the Project:
1. SBCTA’s subcontractors shall deliver the Software or Successor Software and
Software or Successor Software Enhancements electronically to the Party(s) online
websites. The Party(s) shall hold the Software or Successor Software and Software or
Successor Software Enhancements, and other written or electronic materials provided by
SBCTA’s contractors, in confidence, shall use and disclose them only as expressly
authorized herein or as required by law and only to its employees, consultants, agents or
sublicensees to whom disclosure is necessary for the performance and exercise of its
rights hereunder, and shall take reasonable steps to ensure that unauthorized persons will
have no access to them.
2. The Party(s) shall not sell, license or otherwise transfer any interest in the Data,
Software or Successor Software, Software or Successor Software Enhancements, or other
materials developed for utilization in the Project, without the prior written permission of
each of the Party(s).
11. SUBCONTRACTORS
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SBCTA shall not subcontract any portion of the work required by this Agreement, except as
expressly stated herein, without prior written approval of the Parties. The Parties understand and
agree that Trapeze will be a subcontractor for services under this AGREEMENT, unless the
Software is at some time replaced with Successor Software. If SBCTA desires to extend or enter
a new agreement with Trapeze beyond the terms identified in Section 2 of this AGREEMENT,
written approval is required by the Parties.
12. INDEMNIFICATION
A. No Party, nor any officers, directors, employees or agents thereof are responsible for
any injury, damage or liability occurring or arising by reason of anything done or omitted
to be done by any other Party under or in connection with any work, authority or
jurisdiction delegated to any other Party under this AGREEMENT. It is understood and
agreed that, pursuant to Government Code Section 895.4, that each Party shall fully
defend, indemnify and save harmless all other Parties, and their officers, directors,
employees and agents from all claims, suits or actions of every name, kind and
description brought for or on account of injury (as defined by Government Code Section
810.8) occurring by reason of anything done or omitted to be done by the indemnifying
Party under or in connection with any work, authority or jurisdiction delegated to the
indemnifying Party under this AGREEMENT. This provision shall survive termination of
this contract.
13. INSURANCE
A. Without in any way affecting the indemnity provisions identified in this AGREEMENT,
the Parties shall, at their own sole expense, and prior to the commencement of any work,
procure and maintain in full force, insurance through the entire term of this
AGREEMENT and shall be with at least the limits of liability as identified in this section.
Any Party(s) that are a self -insured public entity for purposes of the liabilities identified
in this section warrants that through its program of self-insurance, it has adequate
coverage or resources to protect against liabilities arising out of the performance of the
terms, conditions or obligations of this AGREEMENT.
1. Professional Liability - Shall be provided in an amount not less than $1,000,000, per
claim and $2,000,000 in the aggregate. The Parties shall secure and maintain this
insurance or “tail” coverage provided throughout the term of this Agreement and for a
minimum of three (3) years after Agreement completion.
2. Workers' Compensation - Worker’s Compensation insurance shall be provided in an
amount and form to meet all applicable requirements of the Labor Code of the State
of California, including Employers Liability with $1,000,000 limits, covering all
persons providing services on behalf of the respective Party and all risks to such
persons under this Agreement.
3. Commercial General Liability - To include coverage for Premises and Operations,
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Contractual Liability, Personal Injury Liability, Products/Completed Operations
Liability, Broad-Form Property Damage and Independent Contractors' Liability, in an
amount of not less than $1,000,000 per occurrence, combined single limit, and
$2,000,000 in the aggregate written on an occurrence form. For products and
completed operations a $2,000,000 aggregate shall be provided.
4. Automobile Liability - To include owned, non-owned and hired automobiles, in an
amount of not less than $1,000,000 per occurrence, combined single limit, and in the
aggregate written on an occurrence form.
5. Network and Privacy Insurance – Each of the parties shall carry Network and Privacy
(Errors and Omissions) insurance in an amount of not less than $1, 000,000 per claim
and $1,000,000 in the annual aggregate, protecting itself and each Party from the
following exposures related to this Agreement:
(i) the theft, dissemination and/or unauthorized disclosure or use of
confidential information and personally identifiable information (not to be
limited to bank information, social security numbers, health information,
credit card account information, and confidential corporate information).
Such insurance shall also include coverage for credit monitoring,
notification expenses and other related costs associated with mitigating a
data security or privacy breach; and
(ii) the introduction of a computer virus into, or otherwise causing damage to, a
computer, computer system, network or similar computer-related property
and the data, software, and programs used herein.
(iii) If such insurance is maintained on an occurrence basis, the Parties shall
maintain such insurance for an additional period of one year following the
end of the applicable Term. If such insurance is maintained on a claims-
made basis, the parties shall maintain such insurance for an additional
period of three years following the end of the applicable Term.
B. Proof of Coverage – SBCTA shall furnish certificates of insurance to the other Parties
and the other Parties shall furnish certificates of insurance to SBCTA evidencing the
insurance coverage required above, prior to the commencement of performance of service
hereunder, and such certificates shall include the other Party as an additional insured on
all insurances except Worker’s Compensation and Professional Liability. The certificates
of insurance must be executed by a duly authorized representative of each insurer,
showing compliance with the insurance requirements set forth in this Article. If the
insurance company elects to cancel or non-renewed coverage for any reason, the
responsible Party will provide 30 days’ notice of such cancellation or nonrenewal to the
other Party. If a Party’s policy is cancelled for nonpayment of premium, the applicable
Party shall provide the other Party ten (10) days’ notice. All certificates of insurance are
to include the contract number and Program Manager’s name.
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14. KEY PERSONNEL AND NOTICES
A. The Parties have designated the following as key personnel for the Project and will
provide written email notice of any key Project staffing changes or other notifications
required in this AGREEMENT.
LACMTA:
Martin Buford
Sr. Manager, Transportation Planning
Shared Mobility & Implementation
BufordM@metro.net
OCTA:
Kristopher Hewkin
Marketing Specialist – Vanpool
khewkin@octa.net
RCTC:
Brian Cunanan
Program Manager,
Commuter & Motorist Assistance
bcunanan@rctc.org
SBCTA:
Nicole Soto
Mobility Analyst, Transit & Rail
nsoto@gosbcta.com
VCTC:
Claire Grasty
Program Manager,
Regional Planning, Rail and TDA Programs
cgrasty@goventura.org
B. 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
email during regular business hours, or (b) the first business day following delivery by
email when not made during regular business hours. Each such notice shall be sent to the
respective Party(s) at the email address indicated above or to any other email address as
the respective Party(s) may designate from time to time by a notice given in accordance
with this Section. A Party shall notify all other Parties of any contact information changes
within five (5) business days of the change.
15. OTHER TERMS AND CONDITIONS
A. This AGREEMENT shall not be amended, nor any provisions or breach hereof waived,
except by written Amendment signed by the Parties.
B. In the event that there is any legal court (e.g., Superior Court of the State of California or
U.S. District Court for the Central District of California) proceeding between the Parties to
enforce or interpret this AGREEMENT, to protect or establish any rights or remedies
hereunder, the prevailing party shall be entitled to its costs and expenses, including
reasonable attorney’s fees.
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C. No Party(s) hereto shall be considered in default in the performance of its obligation
hereunder to the extent that the performance of any such obligation is prevented or delayed
by unforeseen causes including acts of God, acts of a public enemy, pandemics, and
government acts beyond the control and without fault or negligence of the affected party.
Each Party hereto shall give notice promptly to the other Parties of the nature and extent of
any such circumstances claimed to delay, hinder, or prevent performance of any obligations
under this AGREEMENT.
D. SBCTA shall comply with and ensure that work performed under this AGREEMENT is
done in compliance with Generally Accepted Accounting Principles (GAAP), all applicable
provisions of federal, state, and local laws, statutes, ordinances, rules, regulations, and
procedural requirements including Federal Acquisition Regulations (FAR). .
E. SBCTA shall not assign this AGREEMENT, or any part hereof, without prior written
approval of each Party, and any assignment without said consent shall be void and
unenforceable.
F. This AGREEMENT shall be governed by California law. If any provision of this
AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or
unenforceable, the remaining provisions shall nevertheless continue in full force without
being impaired or invalidated in any way.
G. The covenants and agreements of this AGREEMENT shall inure to the benefit of, and shall
be binding upon, each of the Parties and their respective successors and assigns.
H. SBCTA in the performance of the work described in this AGREEMENT is not a contractor
nor an agent or employee of LACMTA, OCTA, RCTC or VCTC. SBCTA attests to no
organizational or personal conflicts of interest and agrees to notify LACMTA, OCTA,
RCTC and VCTC immediately in the event that a conflict, or the appearance thereof, arises.
SBCTA shall not represent itself as an agent or employee of LACMTA, OCTA, RCTC or
VCTC and shall have no powers to bind LACMTA, OCTA, RCTC or VCTC in contract or
otherwise.
I. This AGREEMENT may be executed in counterparts, each of which shall constitute an
original. 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 so long as the
signature complies with Government Code § 16.5 and the Uniform Electronic
Transactions Act, Civil Code §§ 1633.1 et seq.
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12
IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed by their
duly authorized representatives as of the dates indicated below:
LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY
By: _____________________________________________
Phillip A. Washington Date
Chief Executive Officer
APPROVED AS TO FORM:
Rodrigo A. Castro-Silva
County Counsel
By:
Deputy Date
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13
IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed by their
duly authorized representatives as of the dates indicated below:
ORANGE COUNTY TRANSPORTATION AUTHORITY
By: ____________________________________________
Georgia Martinez Date
Department Manager,
Contracts and Procurement
APPROVED AS TO FORM:
By: ____________________________________________
James M. Donich Date
General Counsel
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IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed by their
duly authorized representatives as of the dates indicated below:
RIVERSIDE COUNTY TRANSPORATION COMMISSION
By: ____________________________________________
Anne Mayer Date
Executive Director
APPROVED AS TO FORM:
By: ____________________________________________
Best Best & Krieger, LLP Date
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15
IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed by their
duly authorized representatives as of the dates indicated below:
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
By: _________________________________________________
Frank J. Navarro Date
President, Board of Directors
APPROVED AS TO FORM:
By: _______________________ __________________________
Julianna K. Tillquist Date
General Counsel
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IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed by their
duly authorized representatives as of the dates indicated below:
VENTURA COUNTY TRANSPORTATION COMMISSION
By:
Darren Kettle Date
Executive Director
APPROVED AS TO FORM:
By:
Steven T. Mattas Date
Legal Counsel
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Agreement No. 20-1002371-01 Page 1 of 7
RCTC Agreement No. 20-41-090-01
AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. 20-1002371
BY AND BETWEEN
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND RIVERSIDE COUNTY TRANSPORTATION COMMISSION
FOR
THE PROVISION OF RIDESHARE
PROGRAM IMPLEMENTATION
This Amendment No. 1 to Cooperative Agreement (“Amendment No. 1”) is made and entered into
as of July 1, 2021 by and between the San Bernardino County Transportation Authority (“SBCTA”),
whose address is 1170 W. 3rd Street, 2nd Floor, San Bernardino, California 92410-1715, and Riverside
County Transportation Commission (“RCTC”), located at 4080 Lemon St, Riverside, California 92501.
SBCTA and RCTC are each a “Party” and collectively the “Parties”.
RECITALS:
A.WHEREAS, The Parties entered into a Cooperative Agreement dated July 1, 2020 for the
Provision of Rideshare and Vanpool Program Implementation and Software (“Cooperative
Agreement”); and
B.WHEREAS, The Parties desire to reduce the provision of rideshare and vanpool software from
the Cooperative Agreement, the balance of which will be transferred to a new five (5)-county
regional rideshare software agreement with Los Angeles County Metropolitan Transportation
Authority (LACMTA), Orange County Transportation Authority (OCTA), RCTC, SBCTA and
Ventura County Transportation Commission (VCTC); and
C.WHEREAS, The Parties operate a bi-county Rideshare program (“PROJECT”) which provides
services and support for each Party’s respective Transit and/or Multi-modal programs
(“RIDESHARE AND MULTI-MODAL PROGRAMS ”); and
D.WHEREAS, The Parties desire to add miscellaneous rideshare and multi-modal services
required for maintaining and improving the Parties’ RIDESHARE AND MULTI-MODAL
PROGRAMS to this agreement, which are either costs shared by RCTC and SBCTA or
administered by RCTC on behalf of SBCTA; and
E.WHEREAS, RCTC will engage and has the necessary resources to manage contractors providing
miscellaneous rideshare and multi-modal services (“MISCELLANEOUS SERVICE
CONTRACTORS”).
NOW THEREFORE, in consideration of the above recitals, and the terms and conditions contained
herein, SBCTA and RCTC agree to amend the Cooperative Agreement as follows:
1.Capitalized terms used in the Cooperative Agreement and also set forth in the Recitals to this
Amendment No. 1 shall have the meaning as set forth in this Amendment No. 1. Capitalized terms
not otherwise defined herein shall have the meaning as set forth in the Cooperative Agreement.
2.Attachment 1 – Software License and Maintenance Agreement is deleted in its entirety.
ATTACHMENT 2
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Agreement No. 20-1002371-01 Page 2 of 7
3. Exhibit B – SBCTA SOFTWARE CONTRACTOR is replaced with Exhibit B.1.
4. ARTICLE 2. COMPENSATION, Subsection 2.3.2 is deleted in its entirety and replaced with the
following:
“2.3.2 That RCTC’s total obligation to SBCTA shall not exceed Two Thousand Five Hundred
Dollars ($2,500), for the services rendered through the SOFTWARE CONTRACTOR.”
5. ARTICLE 4. INDEMNIFICATION AND INSURANCE, Subsection 4.2 is deleted in its entirety and
replaced with the following:
“4.2 Without in any way affecting the indemnity provisions identified in this Agreement, RCTC
shall, at their own sole expense, and prior to the commencement of any work, procure and
maintain in full force, insurance through the entire term of this Agreement and shall be written
with at least the following limits of liability:
4.2.1 Professional Liability - Shall be provided in an amount not less than $1,000,000,
per claim and $2,000,000 in the aggregate. RCTC shall secure and maintain this insurance or
“tail” coverage provided throughout the term of this Agreement and for a minimum of three
(3) years after Agreement completion.
4.2.2 Workers' Compensation - Workers’ Compensation insurance shall be provided in
an amount and form to meet all applicable requirements of the Labor Code of the State of
California, including Employers Liability with $1,000,000 limits, covering all persons
providing services on behalf of the respective Party and all risks to such persons under this
Agreement.
4.2.3 Commercial General Liability - To include coverage for Premises and Operations,
Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability,
Broad-Form Property Damage and Independent Contractors' Liability, in an amount of not less
than $1,000,000 per occurrence, combined single limit, and $2,000,000 in the aggregate
written on an occurrence form. For products and completed operations a $2,000,000 aggregate
shall be provided.
4.2.4 Automobile Liability - To include owned, non-owned and hired automobiles, in an
amount of not less than $1,000,000 per occurrence, combined single limit, and in the aggregate
written on an occurrence form.
4.2.5 Network and Privacy Insurance – RCTC shall carry, or shall cause its contractors
to carry, Network and Privacy (Errors and Omissions) insurance in an amount of not less than
$1,000,000 per claim and $1,000,000 in the annual aggregate, protecting itself and the other
Party from the following exposures relating to RCTC or any of their contractors performance
under the Agreement:
(i) the theft, dissemination and/or unauthorized disclosure or use of Confidential
Information and personally identifiable information (not to be limited to bank information,
social security numbers, health information, credit card account information, and
confidential corporate information). Such insurance shall also include coverage for credit
monitoring, notification expenses and other related costs associated with mitigating a data
security or privacy breach; and
(ii) the introduction of a computer virus into, or otherwise causing damage to, a computer,
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Agreement No. 20-1002371-01 Page 3 of 7
computer system, network or similar computer-related property and the data, software, and
programs used herein.
If such insurance is maintained on an occurrence basis, RCTC or their contractors shall
maintain such insurance for an additional period of one year following the end of the
applicable Term. If such insurance is maintained on a claims-made basis, RCTC or their
contractors shall maintain such insurance for an additional period of three years following
the end of the applicable Term.
4.2.6 Proof of Coverage – RCTC shall furnish certificates of insurance to SBCTA
evidencing the insurance coverage required above, prior to the commencement of performance
of services hereunder, and such certificates shall include SBCTA as an additional insured on
all insurances except Workers’ Compensation and Professional Liability. Prior to commencing
any work, RCTC shall furnish SBCTA with a certificate(s) of insurance, executed by a duly
authorized representative of each insurer, showing compliance with the insurance requirements
set forth in this Article. If the insurance company elects to cancel or non-renew coverage for
any reason, RCTC will provide 30 days’ notice of such cancellation or nonrenewal to SBCTA.
If RCTC’s policy is cancelled for nonpayment of premium, RCTC shall provide SBCTA ten
(10) days’ notice. RCTC shall maintain such insurance from the time RCTC commences
performance of services hereunder until the completion of such Services. All certificates of
insurance are to include the contract number and Project Manager’s name.
4.2.7 Additional Insured - All policies, except for Workers’ Compensation and
Professional Liability policies, shall contain endorsements naming SBCTA and its officers,
employees, agents, and volunteers as additional insureds with respect to liabilities arising out
to the performance of Services hereunder. The additional insured endorsements shall not limit
the scope of coverage for SBCTA to vicarious liability but shall allow coverage for SBCTA to
the full extent provided by the policy.
4.2.8 Waiver of Subrogation Rights – RCTC shall require the carriers of the above
required coverages to waive all rights of subrogation against SBCTA, its officers, employees,
agents, volunteers, contractors, and subcontractors. All general auto liability insurance
coverage provided shall not prohibit RCTC or its contractors, employees or agents from
waiving the right of subrogation prior to a loss or claim. RCTC hereby waives all rights of
subrogation against SBCTA.
4.2.9 All policies required to be carried by RCTC herein are to be primary and non-
contributory with any insurance carried or administered by SBCTA.
4.2.10 Certificates/Insurer Rating/Cancellation Notice -
(i) RCTC shall maintain and shall require their contractors to maintain such
insurance from the time the PROJECT commences until the PROJECT is
completed, except as may be otherwise required by this Section.
(ii) RCTC may legally self-insure, but shall require their contractors to place
insurance with insurers having an A.M. Best Company rating of no less than A:VIII
and licensed to do business in California.
(iii) RCTC and their consultants shall replace certificates, policies and
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Agreement No. 20-1002371-01 Page 4 of 7
endorsements for any insurance expiring prior to completion of the PROJECT.”
6. ARTICLE 7. CONFIDENTIAL INFORMATION/NON-DISCLOSURE, Subsections 7.1, 7.2, 7.3 7.4
and 7.5 are deleted in their entirety and replaced with the following:
“7.1 Confidential Information. “Confidential Information” shall include: all data or information
accessible in connection with the PROJECT; all personal information of PROJECT
participants, including but not limited to a participant’s residence address, employment address
or hours of employment used for the purpose of assisting private entities in the establishment
or implementation of carpooling or ridesharing programs and subject to California Penal Code
Section 637.6, as well as names, biographical information, demographic information, use data,
contact information, or similar personal information of participants; and any and all data,
content, materials, documents and/or other information related to the PROJECT designated,
from time to time, in writing by the Parties as Confidential Information.
7.2 Non-Disclosure. Except as required by law, both Parties shall hold the Confidential
Information in confidence, shall take reasonable precaution to protect and keep the
Confidential Information confidential, shall not disclose the Confidential Information to any
person or party not specifically authorized in writing by the affected Party to receive the
Confidential Information, and shall not use the Confidential Information for any purpose other
than as necessary to operate the PROJECT. Further, neither Party shall disclose a participant’s
personal information, including but not limited to a participant’s residence address,
employment address or hours of employment, used for the purpose of assisting private entities
in the establishment or implementation of ridesharing programs, to any other person or use
such information for purposes other than as necessary to operate the PROJECT, without the
prior written consent of the participant, as required by California Penal Code section 637.6.
Parties shall limit access to the Confidential Information only to individuals who are directly
involved in operation of the PROJECT, and shall further ensure that such individuals are
legally bound to maintain the confidentiality of the Confidential Information on substantially
the same terms as set forth herein. The foregoing restrictions on disclosure shall not apply to
Confidential Information which is (a) becomes, through no act or fault of the recipient, publicly
known, b) received by recipient from a third party without a restriction on disclosure or use,
(c) independently developed by recipient without reference to the Confidential Information, or
(d) is required by law, or process of law, to be disclosed.
7.3 Expiration. Immediately upon (a) the expiration or termination of this Agreement, or (b) a
request by a Party, the other Party shall turn over to requesting Party all Confidential
Information of or directly pertaining to the requesting Party, as identified in Article 6.1, and
all documents or media containing any such Confidential Information, and any and all copies
or extracts thereof, except that each Party’s legal counsel may retain one copy of all
Confidential Information in its office solely for archival legal purposes. The foregoing shall
not be interpreted to require the Parties to remove Confidential Information stemming from
PROJECT databases to which each Party may be entitled a copy, nor to cease use of such
information on termination of this Agreement, provided that such use is for operation of the
Rideshare Program.
The Parties recognize that, pursuant to this provision, a Party may request copies of or export
files from PROJECT databases containing Confidential Information of commuters and
employers participating in the PROJECT. The requesting Party shall be solely responsible for
maintaining the confidentiality and security of such data, and shall indemnify the other Party,
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Agreement No. 20-1002371-01 Page 5 of 7
pursuant to Article 6.1 of this Agreement, for any claims arising out of use or retention of such
data.”
7.4 Key Personnel. The Parties shall designate key personnel (“Key Personnel”) requiring access
to the RIDESHARE AND MULTI-MODAL PROGRAMS. Key Personnel shall use
Confidential Information only and strictly for the operation of the PROJECT, and shall not
disclose or share such Confidential Information, whether or not employed or in any way
associated with either Party, who has not been specifically approved in writing to receive such
Confidential Information.
7.5 Non-Disclosure and Confidentiality Agreement. To protect Confidential Information, each
Party shall require each of its Key Personnel to execute a Non-Disclosure and Confidentiality
Agreement substantially in the form of Exhibit D, attached hereto and incorporated by this
reference. Each Party shall provide the other Party a signed Non-Disclosure and
Confidentiality Agreement for each Key Personnel designated below or designated from time-
to-time by SBCTA's or RCTC’s Executive Director or designee, respectively, prior to the
Parties’ disclosure of any log-in information or other Confidential Information to such Key
Personnel. SBCTA and RCTC, respectively, designate the following individuals as Key
Personnel requiring access to the PROJECT:
SBCTA RCTC
Nicole Soto, Mobility Analyst Brian Cunanan, Program Manager
Nancy Strickert, Transit Manager Ariel Alcon Tapia, Sr. Management Analyst
”
MISCELLANEOUS PROVISIONS TO AMENDMENT NO. 1
7. The Recitals set forth above are incorporated herein by this reference.
8. Except as amended by this Amendment No. 1, all other provisions of the Agreement shall remain in
full force and effect.
9. This Amendment No. 1 is effective upon execution by the Parties.
10. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
11. A manually signed copy of this Amendment No. 1 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. 1 for all purposes. This Amendment No. 1 may be
signed using an electronic signature.
-------------------------SIGNATURES ARE ON THE FOLLOWING PAGE-------------------------
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Agreement No. 20-1002371-01 Page 6 of 7
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement below.
SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY
RIVERSIDE COUNTY
TRANSPORTATION COMMISSION
By: By:
Curt Hagman
President, Board of Directors
Anne Mayer,
Executive Officer
Date: Date:
APPROVED AS TO FORM APPROVED AS TO FORM
By: By:
Julianna K. Tillquist
General Counsel Best, Best & Krieger, LLP,
General Counsel
Date: Date:
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Agreement No. 20-1002371-01 Page 7 of 7
Exhibit B-1– SBCTA SOFTWARE CONTRACTOR
405
REGIONAL RIDESHARE CONSOLIDATED DATABASE PROJECT
MEMORANDUM OF UNDERSTANDING NO. 21-1002573
This MOU is entered into between LACMTA, OCTA, RCTC, SBCTA and VCTC for the
Regional Rideshare Consolidated Database Project.
1.WHEREAS, SBCTA has entered into Contract No. 19-1002203 with Trapeze, whereby
Trapeze provides regional rideshare software to support a regional rideshare database.
2.WHEREAS, the Parties have entered into a Regional Rideshare Software Agreement.
3.WHEREAS, the Parties desire to enter into this MOU as part of the effort to merge the
regional rideshare databases allowing for a Consolidated Database and establish the roles and
responsibilities of the Parties for the Project.
4.WHEREAS, SBCTA has agreed to perform services necessary to implement the Project
through its Contract with Trapeze on the terms and conditions contained herein;
NOW, THEREFORE, the parties to this MOU agree to the following terms and procedures:
1.DEFINITIONS
A.Commuter Account Data - Data related to rideshare participants including, but not
limited to, PII
B.Confidential Information - Log-in information and all Software, Data and PII
C.Consolidated Database - 5-county regional rideshare database
D.Employer Data - Data related to employer participants in any Party’s rideshare program
E.ETC - Employer Transportation Coordinator
F.Initial Term - Effective as of the date signed by all Parties through July 31, 2021
G.Key Personnel - Designated by the Parties and authorized to access the Consolidated
Database
H.LACMTA - Los Angeles County Metropolitan Transportation Authority
I.MOU - Memorandum of Understanding
J.OCTA - Orange County Transportation Authority
K.Parties - LACTMA, OCTA, RCTC, SBCTA and VCTC collectively
L.Party - LACTMA, OCTA, RCTC, SBCTA and VCTC individually
M.PII - Personally Identifiable Information of rideshare participants, including names,
phone numbers, home address, employer and work address, email addresses, and any
other information that could be used to identify a person
N.Primary county rideshare service provider for commuters – Assigned by commuter
home destination
O.Primary county rideshare service provider for employers – Assigned by employer
work destination
P.RCTC - Riverside County Transportation Commission
Q.Regional Rideshare Software Agreement - Agreement No. 21-1002572 for SBCTA’s
provision of the regional rideshare software on behalf of LACMTA, OCTA, RCTC and
ATTACHMENT 3
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VCTC.
R. Regional rideshare software - Services and licenses software to support a regional
rideshare database
S. Renewal Term(s) - Additional one year periods following the Initial Term
T. Rideshare service provider - For employers with multiple sites, the location of the
applicable ETC or employer’s headquarters dictate which Party is the rideshare service
provider
U. SBCTA - San Bernardino County Transportation Authority
V. The Project - Implementation and operation of the Consolidated Database
W. Trapeze - Trapeze Software Group, Inc.
X. VCTC - Ventura County Transportation Commission
2. SCOPE OF SERVICES
A. SBCTA shall furnish all technical and professional services, including labor, material,
equipment, transportation, supervision and expertise, necessary to fully and adequately
perform the merger of the two existing rideshare databases. SBCTA will perform the
merger at no cost to LACMTA, VCTC or OCTA. RCTC will share in certain costs
related to the Project, as per the Regional Rideshare Software Agreement related to such
cost sharing.
B. Once, the merger of the databases has been completed, the Parties agree to participate in
quarterly meetings to ensure program continuity and agreed upon software changes and
updates to ensure mutually beneficial upgrades for all Parties. Additional meetings can
be requested by the Parties as needed.
3. TERM
The Agreement shall be effective as of the date signed by all Parties. Upon expiration of the
Initial Term the MOU shall automatically renew for additional Renewal Terms. Any Party may
withdraw from the MOU at any time by providing the other Parties with written notice of such
withdrawal 30 days prior to such withdrawal. Subject to such withdrawal, the Parties shall retain
data as identified in Section 8, Ownership of Materials/Equipment/Confidentiality/Use of Data.
4. DEFAULT
A Default under this MOU is defined as any one or more of the following: (i) A Party fails to
comply with the terms and conditions contained herein; or (ii) A Party fails to perform its
obligations set forth in this MOU.
5. REMEDIES
Any Party that fails to comply with its obligations regarding access to the Consolidated Database, or
use and maintenance of PII and other confidential information, as defined below, following written
notice of such Default, shall be immediately restricted from access to the Consolidated Database
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until the Parties agree on and implement a plan for correction. The Parties shall not unreasonably
withhold approval of such plan.
In the event of a Default by any Party not addressed as set forth above, any non-Defaulting party(s)
shall provide written notice of such Default to the party in Default providing a 30-day period to cure
the Default. In the event the Defaulting party fails to cure the Default, or commit to cure the Default
and commence the same within such 30-day period to the satisfaction of the non-Defaulting
party(s), such non-Defaulting party(s) may terminate their participation in the MOU. The remedies
described herein are non-exclusive. The Parties have the right to enforce any and all rights and
remedies herein or which may be now or hereafter available at law or in equity.
6. INDEMNITY
No Party nor any officer or employee thereof is responsible for any injury, damage or liability
occurring by reason of anything done or omitted to be done by any other Party, or such other Party’s
contractors, sub-contractors, and/or its agents under or in connection with any activity covered by
this MOU. It is understood and agreed that each Party, to the extent permitted by law, will defend,
indemnify, and save harmless all other Parties and all of their respective officers and employees
from all claims, suits, or actions of every name, kind, and description brought forth under, but not
limited to, tortious, contractual, or other theories and assertions of liability occurring by reason of:
(i) the indemnifying Party’s breach of any obligations under this MOU; or (ii) any negligent act,
omission or willful misconduct of the indemnifying Party, or its officers, agents, employees,
contractors or subcontractors in connection with the Project; use or storage of any data accessed
through the Consolidated Database contrary to the provisions of this MOU.
7. SOFTWARE LICENSING AGREEMENT AND PROVISIONS FOR USE
A. Software Licensing for the computer software and products required under this MOU
shall be in accordance with the Regional Rideshare Software Agreement, the provisions
of which shall control over the terms of this MOU. For the purposes of this MOU, the
below terms are defined as follows:
1. Software: The software programs and products developed or to be developed and
delivered to the Parties under the Regional Rideshare Software Agreement.
2. Data: The information, whether in hard copy, database, keypunch or other formats,
which is used as input to the Software or which is or has been generated, collected,
analyzed, created, prepared or developed by Trapeze, or its respective subcontractors
for the performance of the Project, which is used by the Parties for the Project.
B. The following rules shall apply to all Data:
1. The Parties shall hold the Data in confidence, shall use and disclose Data only as
expressly authorized in the Regional Rideshare Software Agreement, herein, and only
to its employees, agents or sub licensees to whom disclosure is necessary or
appropriate for the performance and exercise of its rights hereunder, or as required by
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law, and shall take reasonable steps to ensure that unauthorized persons will have no
access to them.
2. The Parties shall not sell, license or otherwise transfer any interest in the Data or
other materials in some manner developed for utilization in the Program, without the
prior written permission of each Party’s Executive Officer or designee.
C. Notwithstanding the foregoing, rideshare participant data, including PII, may be used
and disclosed without prior written permission for ridesharing and ridematching
purposes in accordance with each respective Party’s rideshare program, and the
requirements herein. Such data and PII is knowingly and voluntarily provided by
participants for purposes of ridesharing and ridematching.
8. OWNERSHIP OF MATERIALS/EQUIPMENT/CONFIDENTIALITY/USE OF DATA
A. Ownership and Use Rights. Ownership and the right to use all documents, Data,
Software and materials shall be in accordance with the Regional Rideshare Software
Agreement.
B. Use of Data. As a user of the Consolidated Database, Data is accessible to the Parties in
electronic media as outlined in the Regional Rideshare Software Agreement. Subject to
the limits below, Data is accessible 24 hours, 7 days a week to all Parties to input, use,
access and manipulate the Data to prepare reports and perform other ridematching
functions contemplated by this MOU, or part of a Party’s rideshare program. If
electronic access to Data is interrupted for a Party(s), Data owned by the Party(s) as
outlined below shall be provided upon availability to the Party(s) but no later than 30
days after a written email request has been made to SBCTA or, at the direction of
SBCTA, to Trapeze. All Data shall be delivered electronically in electronic media
format.
It is the intent of the Parties that Commuter Account Data and Employer Data be
accessible as detailed above, subject to the following:
1. A Party shall have access to and shall have non-exclusive ownership of any:
i. Commuter Account Data for commuters originating in the county of that
Party, regardless of the commuter’s destination.
ii. Commuter Account Data for commuters destined for an employer in the
county of that Party, regardless of the home address of the commuter.
iii. All Employer Data for employers located within the county of that Party.
iv. All Employer Data for employers with commuter accounts originating in
the county of the Party.
Upon expiration or termination of this MOU, each Party shall have the right to retain files
associated with the Party, as detailed above, including PII, on the condition that any Party
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exercising this right shall be solely responsible for maintaining the confidentiality and
security of such PII.
9. SAFEGAURDING PERSONALLY IDENTIFIABLE INFORMATION
A. The Parties acknowledge that the Data may include PII of rideshare participants.
Furthermore, as is customary for this program, participants are not allowed to use their
social security number and/or driver’s license number, in whole or in part, as a personal
identifier. Therefore, the PII in the Consolidated Database is not intended to contain
social security or driver’s license information.
B. The Parties warrant and certify that they, and their third party contractors that administer
or may assist in administering their rideshare programs, will only use PII for the
operation and management of the Project or respective rideshare program, and will not
sell or otherwise provide PII to any person or entity for any other purpose, and that they
will observe security measures meeting reasonable industry standards. The Parties
further warrant that they will comply with all applicable statutes, rules, regulations and
orders of the United States, the State of California and their own respective agencies
relating to the handling and confidentiality of PII and agree to, consistent with Section 6,
Indemnification, indemnify any other Party against any loss, cost, damage or liability by
reason of a Party's, or its third party contractor’s, violation of this provision.
C. Each Party shall immediately notify the other Parties when it discovers that there may
have been a breach in security which has or may have resulted in compromise to the PII.
For purposes of this section, immediately is defined as within two hours of discovery.
10. KEY PERSONNEL
Each Party shall designate in writing Key Personnel authorized to access the Consolidated
Database. Key Personnel shall be granted log-in information to enable access to the
Consolidated Database. Key Personnel shall use Confidential Information only for regional
rideshare purposes and shall not otherwise disclose or share such log-in information, or any other
Confidential Information, with any individual or party not authorized to access the Consolidated
Database. Each Party shall share the name(s) of its Key Personnel with all other Party’s on an
annual basis.
Each Key Personnel shall execute a Non-Disclosure and Confidentiality Agreement, in a form to
be agreed upon by the Parties, prior to accessing the Consolidated Database.
11. ASSIGNING “PRIMARY COUNTY RIDESHARE SERVICE PROVIDER”
A. The Parties agree to utilize a home destination basis for assigning “primary
county rideshare service provider” for commuters.
B. The Parties agree to utilize a work destination basis for assigning “primary county
rideshare service provider” for employers.
C. For employers with multiple sites, the location of the applicable ETC or
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employer’s headquarters shall dictate which Party shall be considered the
“rideshare service provider”.
12. OTHER TERMS AND CONDITIONS
A. This MOU, along with its Attachments, constitutes the entire understanding among
the Parties with respect to the subject matter herein. The MOU shall not be
amended, nor any provisions or breach hereof waived, except in writing signed by
the Parties.
B. In the event that there is any legal court (e.g., Superior Court of the State of
California or the U.S. District Court for the Central District of California)
proceeding between any two or more of the Parties to enforce or interpret this MOU,
to protect or establish any rights or remedies hereunder, the prevailing Party shall be
entitled to its costs and expenses, including reasonable attorney’s fees.
C. No Party hereto shall be considered in default in the performance of its obligations
hereunder to the extent that the performance of any such obligation is prevented or
delayed by unforeseen causes including acts of God, acts of a public enemy, and
government acts beyond the control and without fault or negligence of the affected
Party. Each Party hereto shall give notice promptly to the others of the nature and
extent of any such circumstances claimed to delay, hinder, or prevent performance
of any obligations under this MOU.
D. No Party may assign this MOU, or any part thereof, without prior written approval
of all other Parties, and any assignment without said consent shall be void and
unenforceable.
E. This MOU shall be governed by California law. If any provision of this MOU is
held by a court of competent jurisdiction to be invalid, void, or unenforceable, the
remaining provisions shall nevertheless continue in full force without being impaired
or invalidated in any way.
F. The covenants and agreements of this MOU shall inure to the benefit of, and shall be
binding upon, each of the Parties and their respective successors and assigns.
G. Notice will be given to the Parties at the address specified below, unless otherwise
notified in writing of change of address.
H. All rights and obligations hereunder that by their nature are to continue after any
withdrawal from, expiration or termination of this MOU, including, but not limited
to, the indemnification and confidentiality obligations, shall survive any such
withdrawal, expiration or termination.
I. This MOU may be executed in counterparts, each of which shall constitute an
original. A manually signed copy of this MOU which is transmitted by facsimile,
411
7
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 MOU for all purposes.
This MOU may be signed using an electronic signature, provided such electronic
signature complies with Government Code § 16.5 and the Uniform Electronic
Transactions Act, Civil Code §§ 1633.1 et seq.
412
IN WITNESS WHEREOF, the parties have caused this MOU to be executed by their duly
authorized representatives as of the dates indicated below:
LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY
By: ______________________________________________
Phillip A. Washington Date
Chief Executive Officer
APPROVED AS TO FORM:
Mary C. Wickham
County Counsel
By:
Deputy Date
413
9
IN WITNESS WHEREOF, the parties have caused this MOU to be executed by their duly
authorized representatives as of the dates indicated below:
ORANGE COUNTY TRANSPORTATION AUTHORITY
By: ____________________________________________
Darrell E. Johnson Date
Chief Executive Officer
APPROVED AS TO FORM:
By:
James M. Donich Date
General Counsel
414
10
IN WITNESS WHEREOF, the parties have caused this MOU to be executed by their duly
authorized representatives as of the dates indicated below:
RIVERSIDE COUNTY TRANSPORATION COMMISSION
By: __________________________________________
Anne Mayer Date
Executive Director
APPROVED AS TO FORM:
By:
Best Best & Krieger, LLP Date
415
11
IN WITNESS WHEREOF, the parties have caused this MOU to be executed by their duly
authorized representatives as of the dates indicated below:
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
By: __________________________________________
Raymond W. Wolfe Date
Executive Director
APPROVED AS TO FORM:
By:
Julianna K. Tillquist Date
416
12
IN WITNESS WHEREOF, the parties have caused this MOU to be executed by their duly
authorized representatives as of the dates indicated below:
VENTURA COUNTY TRANSPORTATION COMMISSION
By: ____________________________________________
Darren Kettle Date
Executive Director
APPROVED AS TO FORM:
By:
Steven T. Mattas Date
Legal Counsel
417
RESOLUTION NO. 21-013
RESOLUTION OF THE
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
ADOPTING AMENDED GUIDELINES FOR THE ADMINISTRATION OF THE
MEASURE A FUNDED COMMUTER INCENTIVE PROJECTS
AS PART OF ITS COMMUTER ASSISTANCE PROGRAM
WHEREAS, in 1988 Riverside County residents approved the original Measure A imposing a 1/2
cent sales tax for transportation purposes within the County of Riverside; and
WHEREAS, on November 5, 2002 the voters of Riverside County approved the extension of
Measure A, authorizing the collection of a one-half percent (1/2%) retail transactions and use tax
to fund transportation programs and improvements within the County of Riverside, and adopting
the Riverside County Transportation Improvement Plan (the “Plan”); and
WHEREAS, the Plan provides that a minimum of $50 million in revenues generated under
Measure A are designated for Western Riverside County commuter assistance efforts designed
to encourage single occupant vehicle drivers to carpool, vanpool, buspool, walk, bicycle, telework
or use public transit (bus/train) to and from work to reduce congestion during peak rush hour
periods; and
WHEREAS, the Riverside County Transportation Commission (“Commission”) has established a
Commuter Assistance Program which includes the following commuter incentive subsidies: the
$2/Day Incentive (to be changed to $5/Day Incentive) and the VanClub Program; and
WHEREAS, the Commission also implements drawings, sweepstakes and similar incentives under
the Commuter Assistance Program; and
WHEREAS, the Commission now desires to revise the guidelines established under the original
Measure A, adopted pursuant to Resolution 03-025. This Resolution is intended to supersede, in
its entirety, Resolution 03-025; and
WHEREAS, pursuant to this Resolution, the Commission intends to adopt current guidelines for
the Commuter Incentive Program to help induce ridesharing in the County and to provide a
means for fairly allocating limited Measure A revenues to all eligible participants.
NOW, THEREFORE, the Riverside County Transportation Commission hereby resolves as follows:
Section 1: Capitalized Terms. Capitalized terms used in this Resolution shall have the
meanings as set forth in the Definitions section below.
Section 2: $5/Day Incentive. The following guidelines are hereby established for the
$5/Day Incentive:
ATTACHMENT 4
418
A. A Participating Commuter must be engaged in a Rideshare Arrangement for the purpose
of commuting to a place of employment or a teleworking work center. A Rideshare Arrangement
specifically excludes taking children to school and/or day care situations.
B. Subject to the limitations set forth elsewhere in this Resolution, the $5/Day Incentive,
which shall be capped at $125/month per Participating Commuter, shall be provided as follows:
(1) $5.00 for each day a Participating Commuter carpools in a carpool.
(2) $5.00 for each day a Participating Commuter rides in a vanpool.
(3) $5.00 for each day a Participating Commuter rides a public bus.
(4) $5.00 for each day a Participating Commuter walks or bicycles.
(5) $5.00 for each day a Participating Commuter in a hybrid telework arrangement
teleworks, subject to paragraph C below.
(6) $5.00 for each day a Participating Commuter rides commuter rail.
C. A hybrid telework arrangement means that the Participating Commuter works both
remotely from home and on-premises at the Participating Employer’s work site. If the
Participating Commuter meets the minimum requirement set forth in (I) below, then the
Participating Commuter’s telework days are eligible for the $5/Day Incentive.
D. All Participating Commuters must live in Western Riverside County for incentives
provided under Measure A. If other funding sources are available, the Executive Director may
authorize expansion of the $5/Day Incentive to Participating Commuters in Eastern Riverside
County for such time as funding remains available.
E. All Participating Commuters must be employed by a Participating Employer during
participation in the $5/Day Incentive.
F. A Participating Commuter may not have received, within the six months prior to
enrollment in $5/Day Incentive, any Incentive from $5/Day Incentive or from any Sister Agency
Program. If an applicant received an Incentive from $5/Day Incentive or from any Sister Agency
Program more than six months before submitting an application, the applicant may receive an
Incentive under $5/Day Incentive only if he or she requests an Incentive for a different commute
mode from that for which he or she has already received an Incentive. The limitations in this
section shall not apply or take effect until six (6) months following the Effective Date of this
Resolution.
G. The Participating Commuter may not have been in a Rideshare Arrangement during the
90 days prior to enrollment in the $5/Day Incentive.
H. A Participating Commuter must commute to work on one or more weekdays (i.e.: Monday
through Friday) to qualify. An Incentive will also be paid for qualifying weekend work trips as
419
long as the commuter works on weekend days as part of a regular shift that includes at least one
weekday.
I. A Participating Commuter must carpool, vanpool, use public bus or commuter rail, walk,
or bicycle to a Participating Employer’s work site a minimum of five workdays a month to qualify.
J. Participating Commuters may receive an Incentive under the $5/Day Incentive for no
more than three (3) consecutive months. Any calendar month during which a Participating
Commuter is enrolled in the $5/Day Incentive shall be considered a full month of participation in
the $5/Day Incentive. For example, if a Participating Commuter enrolls in the $5/Day Incentive
on the 15th of a month and carpools for five days in that month, that month will be considered
a full month for purpose of determining the Participating Commuter's participation in the $5/Day
Incentive.
Section 3: VanClub Program. An ongoing subsidy of up to $400 monthly, not to
exceed 50 percent of the lease cost, shall be paid directly to a Commission authorized leasing
company for Vanpools.
A. To qualify the Vanpool must (i) be made up of at least 65% ridership living in western
Riverside and/or San Bernardino Counties; (ii) commute more than 30 miles each day, (iii)
commute 12 or more days each month, and (iv) travel to a workplace in western Riverside
County.
B. Eligible Vanpools using electric powered vehicles (EV) may receive an additional subsidy
of $100 monthly.
Section 4: Other Incentives. Any western Riverside County resident participating in a
Rideshare Arrangement may participate in any Commuter Assistance Program drawings,
sweepstakes or other incentives, provided that the resident meets all qualifications and
requirements of the incentive, as approved by the Executive Director and published on the
Commission’s website. Such incentives may be made available to Eastern Riverside County
residents based on the availability of non-Measure A funding sources.
Section 5: Incentives. Incentives shall be paid in the various forms as detailed
below. In no event shall cash be provided directly to a Participating Commuter.
A The Incentive for a Vanpool shall be paid, as a subsidy, directly to a Commission
authorized Vanpool leasing company.
B. All other Incentives shall be paid in the form of gift certificates, purchased from private
businesses by the Commission, or as discounts or special offers.
Section 6: Definitions. As used in this resolution, the following phrases shall have the
following meanings:
420
A. "Carpool" shall mean two or more persons commuting on a regular basis to and from
work by means of a vehicle with a seating arrangement designed to seat less than seven adults,
including the driver.
B. "Commuter Incentive Program" refers collectively to Rideshare Incentive, including
$5/Day incentive and VanClub.
C. "Incentive" means gift certificates or a cash payment to a Participating Employer or a
Vanpool leasing company provided under this Resolution for the purpose of inducing eligible
commuters to join Rideshare Arrangements or otherwise participate in the Commuter Incentive
Program or other comparable project.
D. "Participating Commuter" means a commuter currently participating in the Commuter
Incentive Program.
E. "Participating Employer" shall mean any employer, which has executed an agreement
with the Commission for participation in the Commuter Incentive Program.
F. "Rideshare Arrangement" shall mean the transportation of two or more working adults
in a motor vehicle or by rail where that transportation is incidental to another purpose of the
driver. The term includes ridesharing arrangements known as carpools, vanpools and buspools
as well as utilizing public bus and commuter rail services. In addition, persons walking or bicycling
or shall also be deemed to be participants in a Rideshare Arrangement. "Buspool" means sixteen
or more persons commuting on a regular basis to and from work by means of a vehicle with a
seating arrangement designed to carry more than fifteen adult passengers.
H. “Sister “Agency” shall mean another public transportation agency within Southern
California.
I. “Vanpool” is defined as five or more persons commuting on a regular basis to and from
work by means of a vehicle with seating arrangements designed to carry seven to fifteen adults,
including the driver.
J. "Western Riverside County" shall have the same meaning as in the Measure A
Expenditure Plan approved by the voters in November 2002.
Section 7: Executive Director Authority. The Executive Director of the Commission is
hereby authorized:
A. To take those steps necessary and proper to implement the Commuter Incentive Program
including, but not limited to, providing promotional materials to Commuter Assistance Program
participants.
421
B. To establish, in her discretion, additional rules and regulations for the Commuter Incentive
Program.
C. To prescribe in writing qualification requirements and incentives for the Commuter Incentive
Program which differ from those established in this Resolution, and to amend or suspend
implementation of the requirements set forth in this Resolution for VanClub, as reasonably
necessary to successfully implement the VanClub program.
Section 8: Resolution No. 03-025. Resolution No. 03-025 is hereby superseded and
repealed.
Section 9: Effective Date. This Resolution shall be effective immediately upon
adoption.
APPROVED AND ADOPTED this 14th day of July, 2021.
_____________________________________
Jan C. Harnik, Chair
Riverside County Transportation Commission
ATTEST:
_________________________________
Lisa Mobley
Clerk of the Board
422
COMMUTER ASSISTANCE
PROGRAM RECOMMENDATIONS
Brian Cunanan, Commuter & Motorist Assistance Manager
External Affairs Department
1
Riverside County Transportation Commission
July 14, 2021
Today's Discussion Items
2
•Commuter Assistance Program Benefits
•Finalize Five-County Regional Rideshare Partnership
–Five-County Regional Rideshare MOU
–Five-County Regional Rideshare Software Agreement
–Amendment to RCTC/SBCTA Agreement
•Promote Rideshare Countywide:Eastern RivCo Pilot Program
•Amend Measure A Administrative Guidelines to Expand
Eligibility and Strengthen Rideshare Incentives
Commuter Assistance Program Benefits
3
•More efficient use of transit
network and infrastructure
investments
•Improved quality of life for
commuter constituents
*million
vehicle miles
traveled reduced
*million
Lbs. of emissions
reduced
Decreased
Traffic
Cleaner
Air
34.9 49.7
* Since FY16 YTD, extrapolated from
IE Commuter incentive participation
CAP Objectives
4
•Single Occupancy Trips
•Vehicle Miles Traveled
•Green House Gas Emissions
•Employer Partners
•Commuter Accounts
•Convert Commuters/
Incentive Participation
Regional Commute Patterns
5
Total Workers Commuting OUT: 269,673 Total Workers Commuting IN: 100,083
Total Workers Who Live & Work in Riverside County: 587,443
Centralized Ridesharing Database
6
Phase I
Staff
Recommendation
Phase 2
Regional Recommendation Agreement
7
•Five-County Regional Rideshare MOU
•Five-County Regional Rideshare Software Agreement
•Amendment to RCTC/SBCTA Agreement
Partner Agencies:
Promote Rideshare Countywide
8
CAP allocation within Measure A
Western County Public Transit
No allocation for Commuter Assistance within
Measure A for Coachella Valley or Palo Verde Valley
Staff
Recommendatio
Countywide CAP Recommendation
9
Adopt Resolution
Amend guidelines for
administration of Measure
A funded CAP and approve
SAFE-funded expansion
pilot for FY22
Amend WSP scope of work
Scope of work will include
eastern County via an
administrative amendment
Secure future funding
Work to establish a
permanent countywide
CAP program
Strengthen Rideshare Incentives to
Promote Participation Countywide
10
•Replace $2/Day Rideshare
Incentive with new $5/Day
incentive ($125 max)
•Temporarily expand
eligibility of $5/Day
program to out-of-county
residents commuting to
Riverside County worksites
Enhance Incentive Eligibility to
Promote Vanpool Participation
11
•Allow concurrent participation in $5/Day Rideshare Incentive and
vanpool subsidy programs
•Provide extra $100 subsidy for eligible VanClub vanpools that are
zero emission; upon approval, amend vendors' scope of work
Staff Recommendations
12
•Approve Agreement No. 21-41-123-00 among the Riverside County Transportation
Commission (Commission), San Bernardino County Transportation Authority, Los Angeles
County Metropolitan Transportation Authority, Orange County Transportation Authority,
and Ventura County Transportation Commission, for a total contract amount of $977,719 for
Regional Rideshare Software over a three-year term, including the Commission’s total share
of $186,444 inclusive of $18,000 in contingency;
•Approve Agreement No. 20-41-090-01, Amendment No. 1 to Agreement No. 20-41-090-00,
with SBCTA for Rideshare Program Implementation, removing Rideshare and Vanpool
Software expenses from the Scope of Work and incorporating them into Agreement No. 21-
41-123-00;
•Approve Memorandum of Understanding No. 21-41-122-00 between LACMTA, OCTA,
RCTC, SBCTA, and VCTC to merge and consolidate the agencies’ rideshare databases;
•Adopt Resolution No. 21-013, “Resolution of the Riverside County Transportation
Commission Adopting Amended Guidelines for the Administration of the Measure A
Funded Commuter Incentive Projects as Part of Its Commuter Assistance Program;and
•Authorize the Chair or Executive Director,pursuant to legal counsel review,to finalize and
execute the agreements on behalf of the Commission.
QUESTIONS, DISCUSSION
13
Coachella Valley Rail Public Outreach Activities
11 Stakeholder &
Agency Briefings
2 Virtual
Public Hearings
3,226 Page Views
rctc.org/cvrail
256 Comments
Received
Notification Efforts –English & Spanish
•9 Email Notices
•2 News Releases
•The Point Blog Posts
•22 Social Media Posts
•Project Website
•Video Campaign
•11 Print/Online Ads
•Geofencing Ads
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
ROLL CALL
JULY 14, 2021
Present Absent
County of Riverside, District I X
County of Riverside, District II X
County of Riverside, District III X
County of Riverside, District IV X
County of Riverside, District V X
City of Banning X
City of Beaumont X
City of Blythe X
City of Calimesa X
City of Canyon Lake X
City of Cathedral City X
City of Coachella X
City of Corona X
City of Desert Hot Springs X
City of Eastvale X
City of Hemet X
City of Indian Wells X
City of Indio X
City of Jurupa Valley X
City of La Quinta X
City of Lake Elsinore X
City of Menifee X
City of Moreno Valley X
City of Murrieta X
City of Norco X
City of Palm Desert X
City of Palm Springs X
City of Perris X
City of Rancho Mirage X
City of Riverside X
City of San Jacinto X
City of Temecula X
City of Wildomar X
Governor’s Appointee, Caltrans District 8 X
TO: Riverside County Transportation Commission
FROM: Lisa Mobley, Clerk of the Board
DATE: July 7, 2021
SUBJECT: G.C. 84308 Compliance – Potential Conflict of Interest
California Government Code 84308 states a Commissioner may not participate in any discussion or
action concerning a contract or amendment if a campaign contribution of more than $250 is
received in the past 12 months or 3 months following the conclusion from a bidder or bidder’s agent.
This prohibition does not apply to the awarding of contracts that are competitively bid. The
Commission’s procurement division asks potential vendors to disclose any contributions made to
the campaigns of any Commissioner as part of their submitted bid packets. As an additional
precaution, those entities are included below in an effort to give Commissioners opportunity to
review their campaign statements for potential conflicts. Please note the entities listed in this
memo are not encompassing of all potential conflicts and are in addition to any personal conflicts
of interest such as those disclosed on Statement of Economic Interests – Form 700 or prohibited
by Government Code Section 1090. Please contact me should you have any questions.
Agenda Item No. 6D – Agreement for Transit-Oriented Communities Strategic Plan
Consultant(s): Stantec Consulting Services, Inc.
Andrew Irvine, Senior Principal
801 S. Figueroa Street, Suite 300
Los Angeles, CA 90017
Agenda Item No. 6G – Agreements for Freeway Service Patrol Tow Truck Service
Consultant(s): Pepe’s Towing Service
Lorenzo Navarro, Vice President
2000 W. Key Street
Colton, CA 92324