HomeMy Public PortalAbout11 November 10, 2021 Commission
MEETING AGENDA
TIME/DATE: 9:30 a.m. / Wednesday, November 10, 2021
This meeting is being conducted virtually in accordance with AB 361 due to state or local officials
recommending measures to promote social distancing.
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 / Patricia Lock Dawson, 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, November 10, 2021
This meeting is being conducted virtually in accordance with AB 361 due to state or local officials
recommending measures to promote social distancing.
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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 and your comments will
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end of the meeting’s public comment period. 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
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1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
Riverside County Transportation Commission Meeting Agenda
November 10, 2021
Page 2
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 – OCTOBER 13, 2021
Page 1
6B. SINGLE SIGNATURE AUTHORITY REPORT
Page 13
Overview
This item is for the Commission to receive and file the Single Signature Authority report
for the first quarter ended September 30, 2021.
6C. ADOPTION OF RESOLUTION NO. 21-019 TO ADOPT CHAPTER 10 OF THE CALTRANS
LOCAL ASSISTANCE PROCEDURES MANUAL APPLICABLE TO FEDERALLY FUNDED
ARCHITECTURAL AND ENGINEERING SERVICES PROCUREMENT
Page 15
Overview
This item is for the Commission to adopt Resolution No. 21-019, “Resolution of the
Riverside County Transportation Commission Adopting Chapter 10 of the Caltrans Local
Assistance Procedures Manual Applicable to Federally Funded Architectural and
Engineering Services Procurements”.
6D. STATE AND FEDERAL LEGISLATIVE UPDATE
Page 20
Overview
This item is for the Commission to receive and file an update on state and federal
legislation.
Riverside County Transportation Commission Meeting Agenda
November 10, 2021
Page 3
6E. CHANGE ORDER TO AMEND THE INTERSTATE 15 EXPRESS LANES PROJECT TOLL
SERVICES AGREEMENT WITH KAPSCH TRAFFICCOM USA TO PROVIDE MAINTENANCE
SERVICES AND IMAGE REVIEW SERVICES FOR THE 91 EXPRESS LANES ROADSIDE
SYSTEM
Page 25
Overview
This item is for the Commission to:
1) Approve Change Order No. 23 to Agreement No. 16-31-043-00 for the Interstate
15 Express Lanes Project (I-15 ELP) with Kapsch TrafficCom USA Inc. (Kapsch) to
provide five years of maintenance services for the 91 Express Lanes Roadside
System and Image Review Services in an amount not to exceed $3,021,143; and
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to
execute the change order on behalf of the Commission.
6F. AMENDMENT TO THE 91 EXPRESS LANES OPERATOR AGREEMENT
Page 58
Overview
This item is for the Commission to:
1) Approve Agreement No. 13-31-105-06, Amendment No. 6 to the 91 Express
Lanes Operator Agreement No. 13-31-105-00 (commonly referred to as the
ORCOA), among the Orange County Transportation Authority (OCTA), the
Commission, and Cofiroute USA, LLC (Cofiroute), for up to three one-month
optional extension periods for an additional amount of $500,000, and a total
amount not to exceed $36,507,044; and
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to
execute the amendment on behalf of the Commission.
6G. AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES FOR THE
COMMISSION-OWNED COMMUTER RAIL STATIONS AND TOLL FACILITIES
Page 67
Overview
This item is for the Commission to:
1) Award Agreement No. 22-24-007-00 with Tropical Plaza Nursery Inc. (Tropical)
for monthly routine and on-call landscape maintenance services for the
Commission-owned commuter rail stations and toll facilities for a five-year term
in an amount not to exceed of $3,759,000;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to
finalize and execute the agreement on behalf of the Commission; and
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November 10, 2021
Page 4
3) Authorize the Executive Director, or designee, to execute task orders awarded to
the contractor under the terms of the agreement.
7. COACHELLA VALLEY-SAN GORGONIO PASS RAIL CORRIDOR PLANNING STUDY UPDATE AND
AMENDMENT TO HDR ENGINEERING AGREEMENT
Page 136
Overview
This item is for the Commission to:
1) Approve Agreement No. 14-25-072-07, Amendment No. 7 to Agreement
No. 14-25-072-00, with HDR Engineering (HDR) related to the Coachella Valley-San
Gorgonio Pass Rail Corridor Service Planning Study for an additional amount of
$259,000, and a total amount not to exceed $7,175,748;
2) Authorize the Executive Director, pursuant to legal counsel review, to finalize and
execute the agreement on behalf of the Commission;
3) Approve the allocation of $259,000 in State Transit Assistance (STA) Funds from Western
Riverside County’s Commuter Rail Program for the Coachella Valley Rail Program
(Program);
4) Approve adjustments to the Fiscal Year 2021/22 budget in the amounts of $259,000
each to increase STA Fund−Western County Rail transfers out and Coachella Valley Rail
Fund transfers in and professional services expenditures;
5) Amend the Commission’s FY 2021/22 Coachella Valley Rail Short-Range Transit Plan
(SRTP); and
6) Adopt Resolution No. 21-018, “Resolution of the Riverside County Transportation
Commission Approving the Allocation of State Transportation Improvement
Program/Interregional Transportation Improvement Program Funding to Support the
Coachella Valley San Gorgonio Pass Rail Corridor”.
8. CITY OF CORONA FUNDING REQUEST FOR CONSTRUCTION OF MCKINLEY STREET GRADE
SEPARATION PROJECT
Page 149
Overview
This item is for the Commission to:
1) Approve programming up to $12.94 million of 2009 Measure A Western County
Regional Arterial (MARA) funds for the city of Corona’s McKinley Street Grade
Separation project;
2) Approve Agreement No. 22-72-025-00 between the Commission and the city of Corona
(Corona), as the lead agency for the project, for the programming of up to $12.94 million
of MARA for the construction phase of the McKinley Street Grade Separation project;
and
3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to finalize
and execute the agreement.
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9.AB 361 DETERMINATION
Page 179
Overview
This item is for the Commission to:
1)Adopt Resolution No. 21-020, “A Resolution of the Board of Commissioner of the
Riverside County Transportation Commission Authorizing Virtual Board and
Committee Meetings Pursuant to AB 361”; and
2)Discuss and provide direction on whether to continue holding virtual meetings with
the flexibility to revisit the matter on a monthly basis.
10.ITEM(S) PULLED FROM CONSENT CALENDAR AGENDA
11.EXECUTIVE DIRECTOR REPORT
12.COMMISSIONER COMMENTS
Overview
This item provides the opportunity for brief announcements or comments on items or matters
of general interest.
13.ADJOURNMENT
The next Commission meeting is scheduled to be held at 9:30 a.m. on Wednesday,
December 8, 2021.
AGENDA ITEM 6A
MINUTES
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
MEETING MINUTES
Wednesday, October 13, 2021
1. CALL TO ORDER
The Riverside County Transportation Commission was called to order by Chair Jan Harnik at
9:31 a.m., via Zoom Meeting ID 870 4796 9262. This meeting was conducted virtually in
accordance with AB 361 due to state or local officials recommending measures to promote social
distancing.
2. ROLL CALL
Commissioners/Alternates Present Commissioners Absent
Ben J. Benoit Clint Lorimore Steven Hernandez
Brian Berkson Bob Magee Ted Hoffman
Chuck Conder Scott Matas Kyle Pingree
Joseph DeConinck Lisa Middleton Jeremy Smith
Ray Desselle Linda Molina Chuck Washington
Maryann Edwards V. Manuel Perez
Waymond Fermon Dana Reed
Kathleen Fitzpatrick Wes Speake
Raymond Gregory Karen Spiegel
Yxstain Gutierrez Michael M. Vargas
Jan Harnik Scott Vinton
Jeff Hewitt Ted Weill
Kevin Jeffries* Lloyd White
Linda Krupa Bill Zimmerman
Alonso Ledezma*
*Arrived after the meeting was called to order.
3. PLEDGE OF ALLEGIANCE
Commissioner Linda Molina led the Commission in a flag salute.
At this time, Commissioner Bill Zimmerman joined the meeting.
4. PUBLIC COMMENTS
Lisa Mobley, Administrative Services Manager/Clerk of the Board, noted receiving written
notification from Mr. Barney Barnett and Pastor Mabon that they wanted to address the
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Commission today. She stated that Mr. Barnett is on the line, however, Pastor Mabon did
not appear t be on the line.
Chair Harnik provided additional information to Mr. Barnett about making public
comments,
R.A. Barney Barnett, a Highgrove resident, noted he had emailed the Commissioners,
Anne Mayer, Executive Director, the five County Supervisors, the Mayor, all seven
Riverside City Council Members, the County Planning Director, the County Traffic
Supervisor, the Riverside Unified District, the Highgrove MAC Chairman, Senator Roth,
and Congressman Takano the Highgrove Traffic Plan and Page 3 from his Highgrove
Happenings newspaper. He expressed appreciation for the Commissioners reading and
acknowledging it was sent to them. Mr. Barnett expressed concern for rebuilding to
expand Riverside’s Metrolink station since only three and a half miles away is where
Highgrove has had 20 years of support for a Metrolink station owned property that is
owned by RCTC. Highgrove has hundreds of new homes and RCTC currently owns 17
acres right next to the track where the daily Metrolink trains operate, and all the trains
need to do is stop for passengers. Mr. Barnett asked why bring the people to the station
when you can bring the station to the people where they live. RCTC has $5,347,500
invested in vacant property at Highgrove and the Highgrove Traffic Plan will use land that
is not being used for any other purposes. He asked what they would do if this location
was in their district or in their city. Mr. Barnett suggested the RCTC owned property
should be used for transportation purposes that includes a new road through it and a
Metrolink station on it. He stated new housing construction has increased the need to
accommodate the present and future needs of the residents on both sides of the county
line. He requested the Commissioners be a part of this discussion and asked why the
Supervisors have opposed a Metrolink station in Highgrove for over 20 years and
suggested this subject needs to be put on a future agenda. Mr. Barnett provided his
contact information so the Commissioners can contact him.
5. ADDITIONS / REVISIONS
There were no additions or revisions to the agenda.
6. CONSENT CALENDAR
M/S/C (Berkson/Molina) to approve the following Consent Calendar items.
6A. APPROVAL OF MINUTES – SEPTEMBER 15, 2021
6B. QUARTERLY INVESTMENT REPORT
Receive and file the Quarterly Investment Report for the quarter ended
June 30, 2021.
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6C. QUARTERLY FINANCIAL STATEMENTS
1) Receive and file the Quarterly Financial Statements for the 12 months
ended June 30, 2021; and
2) Approve a budget adjustment of $14,593,400 to increase the Measure A
local streets and roads turnback payments to the local jurisdictions
through June 2021.
6D. AGREEMENTS FOR ON-CALL DESIGN ENGINEERING AND ENVIRONMENTAL
SERVICES FOR COMMUTER RAIL AND STATION CAPITAL IMPROVEMENT
PROJECTS
1) Award the following agreements to provide on-call design engineering and
environmental services for the construction of commuter rail and station
capital improvement projects for a three-year term, and one, two-year
option to extend the agreements, in an amount not to exceed an aggregate
value of $10 million;
a) Agreement No. 21-33-127-00 to HDR Engineering, Inc.;
b) Agreement No. 21-33-128-00 to Moffatt and Nichol;
c) Agreement No. 21-33-129-00 to RailPros, Inc.; and
d) Agreement No. 21-33-064-00 to STV Incorporated;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review,
to execute the agreements, including option years, on behalf of the
Commission; and
3) Authorize the Executive Director, or designee, to execute task orders
awarded to the consultants under the terms of the agreements.
6E. CITY OF LAKE ELSINORE REQUEST FOR ADDITIONAL FUNDS FOR CONSTRUCTION
OF INTERSTATE 15/MAIN STREET INTERCHANGE IMPROVEMENT PROJECT
1) Approve additional programming of $2,463,000 of 2009 Measure A
Western County Regional Arterial (MARA) funds for the city of Lake
Elsinore’s (Lake Elsinore) Interstate 15 (I-15)/Main Street Interchange
Improvement Project (Main Street IC);
2) Approve Agreement No. 20-72-089-01, Amendment No. 1 to Agreement
No. 20-72-089-00, between the Commission and Lake Elsinore for the
additional programming of $2,463,000 of MARA for the construction phase
of Main Street IC and a total amount not to exceed $7,946,000;
3) Approve an adjustment to the Fiscal Year (FY) 2021/22 budget to increase
construction expenditures in the amount of $2,463,000; and
4) Authorize the Chair or Executive Director, pursuant to legal counsel review,
to execute the agreement.
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At this time, Commissioner Chuck Conder stated having problems with his computer on
the last item and he wanted to respond to the public comments.
Chair Harnik suggested it would not be appropriate for any response at this time.
Commissioner Conder noted he will bring it up under new business.
7. 2022 STATE TRANSPORTATION IMPROVEMENT PROGRAM ADOPTED FUND ESTIMATE
AND PROJECT RECOMMENDATIONS
Jenny Chan, Planning and Programming Manager, presented the 2022 State
Transportation Improvement Program (STIP), highlight the following areas:
• Past STIP cycles, 2022 STIP Fund Estimate: Target Share, Palo Valley Verde
recommendation, Western County Project recommendations, the Coachella
Valley Project recommendation, and additional STIP recommendations
• 2022 STIP Fund Estimate: Maximum Share; Maximum share recommendations,
Programming table, and next steps
At this time, Commissioner Alonso Ledezma joined the meeting.
Anne Mayer emphasized the comment Jenny Chan had made, which is as staff they do
not typically recommend that they pursue their maximum share because very frequently
there is not enough money available at the state level to program those maximum shares.
They do however believe they are at a very critical point in time with the Coachella Valley-
San Gorgonio Pass Rail Corridor Project, as the Tier 1 environmental document will be
approved in the coming months. She explained it is very important to move forward with
the next phase of the project, which is very expensive, but they believe having the
investments that have been made locally in the Tier 1 document that it is time to put
forward a project seeking state and federal partnership. Therefore, RCTC is
recommending they seek their maximum target share for the STIP programming for part
of the funding for Tier 2. Caltrans has been engaged in the conversation and they are
anxiously awaiting the Department’s publication of their Interregional Transportation
Improvement Program (ITIP) nominations, so the 25 percent share of the STIP that
Caltrans has so that they can see that the $10 million was included in the ITIP. Anne
Mayer stated there is a CTC meeting today and on October 14 so hopefully they will know
that in the next couple of days and as Jenny Chan stated RCTC is pursuing other state and
federal funding and is currently seeking a federal grant. She expressed staff is putting
every effort into seeking full funding for Tier 2 for the next phase of the San Gorgonio-
Coachella Valley Rail and RCTC needs to be as aggressive as possible to seek that funding.
Staff is available for any questions and is seeking their input.
Chair Harnik stated as Anne Mayer was speaking, she noticed the project was referred to
as the Coachella Valley Rail or CV Rail, because the project name is so long. She suggested
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they need to look at that closely when they brand it and come up with a name so it can
be marketed appropriately and keep those seats filled with people. She stated if they can
make that effort to move forward with a branding campaign for that rail it would be in
the best interest for the success of it. Chair Harnik expressed appreciation to RCTC for
making that effort to get the funds to move that forward as there are a lot of people at
this meeting that would be very happy about that. She suggested to coordinate a branding
effort as it would be in everybody’s best interest and certainly that train lines’ best
interest for success.
Commissioner Karen Spiegel expressed appreciation to the team as she has never seen
such a spread of projects throughout the County, as it is evenly disbursed with different
focuses from the east end to the west end and it is exciting some of these projects are
moving forward. She referred to the Temescal Canyon Road Widening and the
I-10/Highland Springs Interchange Projects about the funds that were allocated for FY
2026/27 and had remembered at a Commission meeting that the timeframe is getting
shortened. Commissioner Spiegel asked what happens if they get to the point of needing
that money for the project as they are hopefully getting to construction earlier and the
need of that money for construction on that project and does that mean the project gets
delayed.
Jenny Chan replied no, with the STIP Program there could be an opportunity to advance
any funding into earlier years.
Commissioner Spiegel expressed appreciation for the need of these projects and made
the motion to move staff’s recommendations.
Chair Harnik stated since there is a motion, she asked for a second so they can have
further discussion.
At this time, Commissioner Fitzpatrick seconded the motion.
Commissioner Lisa Middleton fully supports the direction RCTC is going and stated as she
said in the past the San Gorgonio-Coachella Valley Pass Rail Corridor Project is a mouth
full to say although it is descriptive and supports the idea of coming up with branding, so
it is easier to say. Commissioner Middleton explained clearly this identifies just how
broad of reach of a project they are undertaking and expressed appreciation to staff for
an incredible piece of work. There are projects throughout the County that are
desperately needed and this is a real positive step forward.
Commissioner Wes Speake concurred with the Commissioners’ comments and expressed
appreciation as this is such an ambitious list of projects that are all over the County that
will benefit virtually every single one of their constituents. He expressed appreciation
that the Temescal Canyon Road Widening Project is on that list as a two-lane road that
became a two-lane road basically 100 years ago and expressed appreciation to staff for
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getting this project in there as lots of folks have pushed along for that over the many
years. Commissioner Speake stated being excited as Anne Mayer talked in glowing terms
about the San Gorgonio-Coachella Valley Pass Rail Corridor Project and that this project
is being pushed forward and concurred they need to find a catchy phrase for that project,
but he cannot wait to see that project become a reality.
Commissioner Jeff Hewitt stated the I-10/Highland Springs Interchange Project is very
important in the Pass Area as people can go and shop in those two sections on both sides
of it with the cities of Banning and Beaumont. If there is supply hold ups, they can be in
the traffic queuing long enough for those supply hold ups to come back, which will help
there. Commissioner Hewitt explained this rail line will do a lot more than just serve the
San Gorgonio Pass Area and the Coachella Valley, it connects a huge county that has had
a hard time identifying as one county and it brings together the Coachella Valley at the
fingertips to everyone to get on a train to head down there and vice versa. He expressed
appreciation for getting this going, to keep it moving forward, and to staff for doing that.
Commissioner Maryann Edwards stated being impressed by the diversity of the list on
behalf of the city of Temecula and all their commuters who use the I-15/I-215 split and
thanked them for continuing to support the French Valley Parkway. She stated
Congressman Calvert came in with an additional $50 million last year so they are well
underway for Phase 2, and on behalf of Temecula and Commissioner Matt Rahn who
could not be here today thank you very much.
Commissioner Dana Reed stated in talking about the train to not forget that Los Angeles
and Orange Counties are involved as well, and they are major forces in Sacramento. He
suggested they need to recognize the fact that probably most of the traffic will be coming
from Los Angeles and Orange Counties and they need to include those counties if not in
the marketing at least include them in the lobbying effort to make this happen.
Commissioner Reed stated this is their train but it is primarily Los Angeles and Orange
Counties’ visitors that will be using it to spend some money in the Coachella Valley and
the Pass Area so they cannot forget about the other two counties because in terms of
influence they are significantly larger than Riverside County.
Commissioner Waymond Fermon thanked staff for all their hard work and stated it was
very promising to see the Monroe Bridge Project be included as that is a deal breaker for
their community. He stated when they talk about transportation in the city of Indio it is
often about the festivals, but there has been so much growth in residential, business, and
economic development that they want to build the proper infrastructure to support that.
He noted bringing their traffic through midtown is going to be a deal breaker for their
businesses in their city who are trying to recover as the future is unpredictable post
pandemic or working within the pandemic. Commissioner Fermon stated it is promising
that this is still on the radar and hopefully they can get some dirt turned soon as it has
been a project in the works for a while, so it is promising to see this on there along with
the other projects. He explained these transportation and rail projects really support
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their region and as it was noted earlier it connects them with Los Angeles and Orange
Counties because those folks are coming to the Coachella Valley to also spend money and
they want to continue to keep them doing that.
M/S/C (Spiegel/Fitzpatrick) to:
1) Approve programming $27,698,381 of 2022 State Transportation
Improvement Program (STIP) Western Riverside County and Palo Verde
Valley target share funding capacity on the Interstate 10 (I-10)/Highland
Springs Interchange and Temescal Canyon Road Widening projects, and
forward to the California Transportation Commission (CTC);
2) Include programming $7,550,259 of 2022 STIP Coachella Valley target
share funding capacity based on the project recommendation by the
Coachella Valley Association of Governments (CVAG) and forward to the
CTC;
3) Include programming Planning, Programming, and Monitoring (PPM)
funds (2 percent of STIP target share programming capacity) in the
amount of $719,360 in Fiscal Years (FY) 2024/25 through 2026/27;
4) Include programming $15,657,460 of 2022 STIP maximum share funding
capacity on the Coachella Valley-San Gorgonio Pass Rail Corridor Service
project and forward to the CTC;
5) Include programming PPM funds (2 percent of STIP maximum share
programming capacity) in the amount of $319,540 in FY 2027/28;
6) Submit the 2022 STIP submittal to the CTC by the statutory deadline of
December 15, 2021;
7) Forward the Riverside County 2022 STIP project recommendations to the
Southern California Association of Governments (SCAG) to conduct
regional performance measures analysis as required by the CTC STIP
guidelines;
8) Approve a revision to Agreement No. 07-71-028-04, Amendment No. 4 to
Agreement No. 07-71-028-00, with the city of Blythe (Blythe) to trade
$155,094 of Palo Verde Valley STIP funds with Measure A Western
Riverside County Highway funds to facilitate delivery of local arterial
projects for a revised total amount not to exceed $198,391; and
9) Authorize the Executive Director, pursuant to legal counsel review, to
execute the revised Agreement No. 07-71-028-04 on behalf of the
Commission upon CTC adoption of the 2022 STIP in March 2022.
8. STATE AND FEDERAL LEGISLATIVE UPDATE
David Knudsen, Interim External Affairs Director, presented an update for the state and
federal legislative activities.
M/S/C to receive and file an update on state and federal legislation.
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At this time, Lisa Mobley asked Chair Harnik if she could call for public comments again,
as there have been a few people that joined the meeting and she asked if Pastor Monrow
Mabon joined the line as he had indicated he wanted to speak.
Commissioner Ben Benoit stated to press *6 to raise your hand if they are on the phone.
Lisa Mobley replied thank you and stated *6 to raise your hand *9 to unmute and asked
again if Pastor Mabon was on the line.
There was no response from the public.
9. ITEM(S) PULLED FROM CONSENT CALENDAR FOR DISCUSSION
There were no items pulled from the consent calendar.
10. EXECUTIVE DIRECTOR’S REPORT
10A. Anne Mayer announced:
• Provided a detailed update on the Riverside Downtown Station
Improvement Project and noted the draft environmental document will
circulate at the end of 2021 and staff will be encouraging the public to
comment on the proposed station improvements. She shared that RCTC
has repeatedly over several years evaluated the feasibility of a station in
Highgrove to replace improvements at the Downtown Riverside Station
and from an operations cost effectiveness and a ridership perspective a
station in Highgrove is not feasible. Anne Mayer stated the focus is on the
Downtown Riverside Station and there have been concerns raised from
some in the eastside community about the project’s impact on the historic
building called the FMC Complex and the concerns about a proposed new
school being constructed in the area. RCTC team members are reaching
out to neighbors within the project area and stakeholders within the
eastside community to provide project updates and to actively listen to
any concerns. Presentations are scheduled to be given to community
groups over the next several weeks and the presentations will be offered
in both English and Spanish. RCTC will be sensitive to the eastside
community’s concerns and she will update the Commission about the
project in the coming months. Public outreach will continue for the project
in preparation for the public review hearing and public review period,
which is expected in late 2021 or early 2022 and they are working out the
logistics of offering a hybrid approach or in person meetings and virtual
options for the public hearings to reach as many people as possible. She
noted in September they met with the Riverside Community Health
Foundation and Healthy Eating Active Living Zone Collaboration; in
8
Riverside County Transportation Commission Meeting Minutes
October 13, 2021
Page 9
October they will meet with the Center for Community Action and
Environmental Justice, the League of United Latin American Citizens, and
the Downtown Area Neighborhood Alliance; and in November they are
meeting with the City of Riverside Cultural Heritage Board and the Old
Riverside Foundation.
• Provided an updated on the 91 Express Lanes Refinancing and noted that
she had sent out an update to the Commissioners last week. She expressed
appreciation for the team they put together and how Theresia Trevino has
done a phenomenal job with her leadership. The team was really focused
on making sure that RCTC benefited greatly from this bond sale. RCTC has
now paid off its Transportation Infrastructure Finance and Innovation Act
(TIFIA) Loan on the 91 and are freed from the restrictions that were placed
for the TIFIA Loan. She expressed appreciation to the Commissioners for
their trust in the staff and the team to ensure that they were able to meet
the financial goals of the Commission.
• Commissioner Chuck Conder stated that there has been a lot of criticism
the Commission is not preserving the history of the Food Machinery
Corporation Complex, although the Commission has already preserved the
Solo Maxwas, which was one of those buildings. There were a couple of
old Riversiders that told him about the building in question for the
Downtown Station expansion was actually the Royal Citrus Packing House
and noted to Anne Mayer to have their historians go back and look at it.
Anne Mayer explained anytime there is a historical structure component
to a project they are required by law to have exhausted cultural resource
studies and analyses and everything RCTC does is reviewed by the State
Historic Preservation Officer and it is a highly regulated process. RCTC will
be following that process very rigidly and expressed appreciation to
Commissioner Conder for that input and stated the project team is
listening and will conduct some additional research there and make sure
they have the full history of that building in their analyses.
• Vice Chair V. Manual Perez thanked staff for a great job and congratulated
them on the bond sale for the 91 Express Lanes Refinancing. He also
expressed appreciation to Anne Mayer for listening to the concerns of the
community on the east end about the Downtown Station Improvements
regardless of where the situation lands at the end of the day they need to
be open minded, be listening to the community, and for taking his call on
this issue, including others as well.
• Commissioner Spiegel stated to go along with Vice Chair Perez’s
comments, she has been for the last couple years hearing on this issue with
the Downtown Station and Mr. Barnett’s request for a proposed Highgrove
9
Riverside County Transportation Commission Meeting Minutes
October 13, 2021
Page 10
station and are both difficult situations. She noted Mr. Barnett has a
passion for it for over 20 years and has been asking for a Metrolink station
long before she was a Supervisor in this area. She has gone out to
Highgrove with Mr. Barnett and spent time with Anne Mayer, staff, and
everybody involved, and expressed it really is prudent for them to continue
the path that we are on, because RCTC only has limited funds and it would
be challenging to redirect funds for a station that close. She strongly
supports the decision that the Commission has made and stated to Anne
Mayer regarding the Downtown Station it is difficult whenever there is
something historic and people want to preserve as much history.
Commissioner Spiegel thanked Commissioner Conder so they can check on
that information because she was getting the information as the FMC
building, and it makes her feel better it is not the building they thought it
was. She noted also to confirm that issue with the school. It is a high
demand station, and they need to ensure that they allow for their
passengers and their customers. She thanked staff and all those that have
been working on this and their efforts.
• Commissioner Michael Vargas concurred with Commissioner Conder’s
comments and stated they have a lot of historical buildings in the city of
Perris and anytime something can be preserved that is historic in a
community it goes back many decades of families, and it is important that
they preserve it.
• Chair Harnik noted participating in some of the bond meetings about the
91 Express Lanes Refinancing and echoed Anne Mayer’s comments as
Anne Mayer, Theresia Trevino, and the team did an amazing job, was\\ere
so well prepared, they were well informed, the presentations were
excellent, and it was a great experience.
At this time, Chair Harnik asked Lisa Mobley if Pastor Mabon joined the meeting.
Lisa Mobley responded she has not seen anybody else join the meeting and asked if Pastor
Mabon was on the line again. There was no response from anybody.
11. COMMISSIONER COMMENTS
11A. Commissioner Fitzpatrick announced the La Quinta Art Celebration is back starting
November 11-14 from 9:00 a.m. to 4:00 p.m. at the Civic Center Campus. There
will be 200 world famous artists. There is a Veterans’ Day Recognition Celebration
in the city of La Quinta on November 11 at 9:00 a.m. Save the date for the La
Quinta Art Celebration March 3 – 6, 2022.
10
Riverside County Transportation Commission Meeting Minutes
October 13, 2021
Page 11
11B. Commissioner Vinton announced he will be resigning from his city council seat as
of December 21, 2021, after he finishes his mayor’s term as he will be moving out
of state. He expressed it has been his honor to serve with everyone on this
Commission as it is a tremendous Commission.
• Chair Harnik stated she had read about that and the city of Murrieta and
the County of Riverside has benefited from Commissioner Vinton’s service.
She thanked him and hoped he enjoys spending time with his family.
11C. Commissioner Brian Berkson expressed that Commissioner Vinton will be missed.
He also expressed appreciation that Chair Harnik and Commissioner Spiegel
attended the Groundbreaking Ceremony on September 29 for the $130 million
Jurupa Road Grade Separation Project for the worst grade issue in the county. This
project is now on its way and RCTC is the money holder on this project.
• Chair Harnik expressed it was a wonderful groundbreaking and it was great
to see so many people from RCTC there that took their time to be there. It
certainly is creating safe access for that entire community so they can get
all the things they need to make sure that they have the quality of life we
all want to see everybody have.
11D. Commissioner Molina expressed appreciation for that great recommendation on
the branding for the San Gorgonio-Coachella Valley Pass Rail Corridor as it is a
fantastic idea. She stated a few years ago when they were preparing for SB 1, she
headed a local RTA team round meeting, and it was recommended that a PSA
would be great to promote public transportation for all modes of transportation.
She suggested that this might be another opportunity to prepare a PSA for all the
stakeholders including Los Angeles and Orange Counties to show people how to
connect to all parts of Riverside County. She thanked everyone for all the great
work this month and always.
11E. Commissioner Middleton stated the city of Palm Springs is safely returning to their
parades. She announced the LGBTQ Pride Parade will be held on November 7 at
10:00 a.m., the Veterans’ Day Celebration Parade will be held on November 11 at
3:30 p.m., and the Festival of Lights Parade will be held on December 4 at 4:30
p.m.
11F. Commissioner Reed announced there is a tennis tournament in the city of Indian
Wells on October 16-17, 2021.
11
Riverside County Transportation Commission Meeting Minutes
October 13, 2021
Page 12
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)
1 117-112-014,
015 RCTC Exclusive Energy
12B. CONFERENCE WITH LEGAL COUNSEL: ANTICIPATED LITIGATION
Initiation of litigation Pursuant to Paragraph (4) of Subdivision (d) of Section
54956.9:
1 Potential Case
There were no announcements from the closed session.
13. ADJOURNMENT
There being no further business for consideration by the Riverside County Transportation
Commission, Chair Harnik adjourned the meeting at 10:44 a.m. The next Commission
meeting is scheduled to be held at 9:30 a.m., Wednesday, November 10, 2021.
Respectfully submitted,
Lisa Mobley
Administrative Services Manager/
Clerk of the Board
12
AGENDA ITEM 6B
Agenda Item 6B
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: November 10, 2021
TO: Riverside County Transportation Commission
FROM:
Budget and Implementation Committee
Alicia Johnson, Senior Procurement Analyst
Jose Mendoza, Procurement Manager
THROUGH: Anne Mayer, Executive Director
SUBJECT: Single Signature Authority Report
BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION:
This item is for the Commission to receive and file the Single Signature Authority report for the
first quarter ended September 30, 2021.
BACKGROUND INFORMATION:
Certain contracts are executed under single signature authority as permitted in the Commission’s
Procurement Policy Manual adopted in March 2021. The Executive Director is authorized to sign
services contracts that are less than $250,000 individually and in an aggregate amount not to
exceed $2 million in any given fiscal year. Additionally, in accordance with Public Utilities Code
Section 130323(c), the Executive Director is authorized to sign contracts for supplies, equipment,
materials, and construction of all facilities and works under $50,000 individually.
The attached report details all contracts that have been executed for the first quarter ended
September 30, 2021, under the single signature authority granted to the Executive Director.
The unused capacity of single signature authority for services at September 30, 2021 is
$1,832,000.
Attachment: Single Signature Authority Report as of September 30, 2021
Approved by the Budget and Implementation Committee on October 25, 2021
In Favor: 13 Abstain: 0 No: 0
13
CONTRACT #
CONSULTANT DESCRIPTION OF SERVICES ORIGINAL CONTRACT
AMOUNT PAID AMOUNT REMAINING
CONTRACT AMOUNT
AMOUNT AVAILABLE July 1, 2021
$2,000,000.00
18-24-067-00 Ultimate Maintenance Service Janitorial Services for Stations and Toll Facilities 120,000.00 0.00 120,000.00
22-31-016-00 Globic Advisors Information and Tender/Exchange Agent services related to 91 Express Lanes
refinancing
20,000.00 0.00 20,000.00
22-18-010-00 Ralph Andersen & Associates Professional recruitment search for CFO position 28,000.00 0.00 28,000.00
AMOUNT USED 168,000.00
$1,832,000.00
None N/A $- $- $-
Alicia Johnson Theresia Trevino
Prepared by Reviewed by
SINGLE SIGNATURE AUTHORITY
AS OF SEPTEMBER 30, 2021
Note: Shaded area represents new contracts listed in the first quarter.
AMOUNT REMAINING through September 30, 2021
Agreements that fall under Public Utilities Code 130323 (C)
V:\2021\11 November\B&I\6B.AJ.A1.SingleSignQ1
14
AGENDA ITEM 6C
Agenda Item 6C
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: November 10, 2021
TO: Riverside County Transportation Commission
FROM:
Budget and Implementation Committee
Jose Mendoza, Procurement Manager
Matt Wallace, Deputy Director of Financial Administration
THROUGH: Anne Mayer, Executive Director
SUBJECT:
Adoption of Resolution No. 21-019 to Adopt Chapter 10 of the Caltrans Local
Assistance Procedures Manual Applicable to Federally Funded Architectural
and Engineering Services Procurement
BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION:
This item is for the Commission to adopt Resolution No. 21-019, “Resolution of the Riverside
County Transportation Commission Adopting Chapter 10 of the Caltrans Local Assistance
Procedures Manual Applicable to Federally Funded Architectural and Engineering Services
Procurements”.
BACKGROUND INFORMATION:
The Commission receives federal and/or state funding for certain transportation projects and
programs through the California Department of Transportation (Caltrans). As a condition of
federal funding provided through Caltrans, the Commission must comply with the Caltrans Local
Assistance Procedures Manual (LAPM) and other requirements of Caltrans. Chapter 10 of the
Caltrans LAPM includes the requirements for procurement of architectural and engineering
(A&E) services including, but not limited to, allowable selection methods, auditing requirements,
contract terms, federal flow down provisions, and methods of payment.
The Commission has a Procurement Policy Manual, last updated effective March 31, 2021, which
implements the requirements set forth in Chapter 10 of the LAPM. However, Caltrans Division
of Local Assistance (DLA) now requires that local agencies utilizing federal funds provided through
Caltrans formally adopt Chapter 10 of the LAPM, in its entirety.
The attached resolution accomplishes the DLA requirement. It also clarifies that, for A&E
procurements federally funded through Caltrans − in the case of any conflict between Chapter
10 of the LAPM and the existing Procurement Policy Manual, Chapter 10 of the LAPM governs.
Therefore, as required by DLA, staff recommends the approval of Resolution No. 21-019 adopting
Chapter 10 of the LAPM applicable to A&E procurements federally funded through Caltrans, as
the same may, from time to time, be amended by Caltrans.
15
Agenda Item 6C
FISCAL IMPACT:
There is no fiscal impact related to adoption of this resolution.
Attachment: Resolution No. 21-019
Approved by the Budget and Implementation Committee on October 25, 2021
In Favor: 13 Abstain: 0 No: 0
16
RESOLUTION NO. 21-019
RESOLUTION OF THE
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
ADOPTING CHAPTER 10
OF THE CALTRANS LOCAL ASSISTANCE PROCEDURES MANUAL
APPLICABLE TO FEDERALLY FUNDED ARCHITECTURAL AND ENGINEERING SERVICES
PROCUREMENTS
WHEREAS, the Riverside County Transportation Commission (Commission) is authorized
under state law, including Sections 130000 et seq. of the Public Utilities Code, to enter into
binding agreements with public and private parties for a variety of purposes, and also to enact
resolutions and ordinances; and
WHEREAS, the Commission receives federal and/or state funding for certain
transportation projects and programs through the California Department of Transportation
(Caltrans); and
WHEREAS, Chapter 10 of the Caltrans Local Assistance Procedures Manual (LAPM)
addresses the requirements for federally compliant procurements of architectural and
engineering (A&E) services by local agencies; and
WHEREAS, the Commission has adopted a Procurement Policy Manual that addresses
compliance with Chapter 10 of the LAPM, the most current version of which was effective as of
March 31, 2021; and
WHEREAS, Caltrans Division of Local Assistance (DLA) now requires that local agencies
utilizing federal funds provided through Caltrans formally adopt Chapter 10 of the LAPM, in its
entirety; and
WHEREAS, by this Resolution, the Commission wishes to comply with the DLA
requirements and formally adopt Chapter 10 of the LAPM; and
WHEREAS, the Commission desires to clarify that Chapter 10 of the LAPM will apply to
federally funded A&E services procurements subject to Caltrans procurement requirements,
and in the case of any conflict between the Procurement Manual and Chapter 10 of the LAPM,
Chapter 10 of the LAPM shall govern.
NOW, THEREFORE, BE IT RESOLVED by the Riverside County Transportation Commission,
as follows:
Section 1. The Commission hereby adopts Chapter 10 of the LAPM, as the same may
be amended by Caltrans from time to time. Chapter 10 of the LAPM shall apply to all federally
funded A&E procurements subject to Caltrans requirements.
17
Section 2. In the case of any conflict between Chapter 10 of the LAPM and the
Commission’s Procurement Manual, for federally funded A&E procurements subject to Caltrans
requirements, Chapter 10 of the LAPM shall govern.
Section 3. This Resolution shall be effective immediately upon adoption.
APPROVED AND ADOPTED this 10th day of November, 2021.
[Signatures on following page]
18
SIGNATURE PAGE
TO
RESOLUTION NO. 21-019
_____________________________________
Jan C. Harnik, Chair
Riverside County Transportation Commission
ATTEST:
_________________________________
Lisa Mobley, Clerk of the Board
Riverside County Transportation Commission
19
AGENDA ITEM 6D
Agenda Item 6D
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: November 10, 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
Governor Gavin Newsom had until October 10 to sign or veto bills passed by the Legislature on
or before September 10 when the State Legislature concluded the first of their two-year
legislative session. By the close of the legislative session, 836 proposals were sent by state
lawmakers to the Governor. Of those bills, Governor Newsom signed 770 new California laws and
vetoed 66 by the bill deadline.
One of the vetoed bills was AB 1147, authored by Assembly Transportation Committee Chair
Assemblymember Laura Friedman. AB 1147 was one of three bills introduced in the Legislature
this year related to reforming SB 375 (Chapter 728, Statutes of 2008), which directs the California
Air Resources Board to set regional targets for reducing greenhouse gas emissions. In the
Governor's veto message, he acknowledges that although "the bill seeks to improve transparency
to the Sustainable Community Strategies process, it does not require or incentivize regional and
local governments to make land-use decisions that change development and transportation
patterns." AB 1147 would have required each Metropolitan Planning Organization (MPO) to
create a 2035 Target Action Plan, develop a new block grant program to ensure MPOs achieve
their 2035 goals, and would have required local governments to make a good faith effort to take
actions that support their MPO's sustainable communities strategies. These strategies would
likely have included a review of each region's vehicle miles traveled reduction strategies.
The Governor concluded his veto letter with intent to engage the Legislature to pass a
comprehensive transportation package in 2022. The transportation package will likely include
items that the Legislature and the Governor could not finalize an agreement on before the
legislative session concluded on September 10. These policies include the allocation of
$4.2 billion in Proposition 1A (2008) high-speed rail bond funding and all of the new
20
Agenda Item 6D
transportation General Fund spending actions, which were reverted to the General Fund,
consistent with the Budget Act of 2021.
Federal Update
Appropriations and federal debt limit
The House and Senate Appropriations Committees did not complete work on the 12
appropriations bills to fund federal programs prior to September 30, the end of the fiscal year.
However, Congress averted a government shutdown by passing a Continuing Resolution (CR) to
fund the government through December 3, 2021.
In addition, on October 10, the Senate passed legislation to raise the debt ceiling through early
December. The House passed the same legislation on October 12, heading off a financial crisis
with only days to spare ahead of the original October 18 deadline. Failing to raise the debt ceiling
by that date would have left the U.S. government unable to fulfill its financial obligations.
Given these short-term fixes from the CR and the debt limit extension, Congress will again have
to address funding for the federal government and the debt limit prior to December 3 to avoid a
government shutdown and default on the federal debt.
Temporary FAST Act Extension
Since Congress was unable to pass a long-term surface transportation bill, President Biden signed
legislation to extend the Fixing America's Surface Transportation (FAST) Act until
October 31, 2021. The temporary extension gave lawmakers time to continue seeking a
resolution to the impasse over other spending legislation.
While the $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) passed the Senate on
August 10, 2021, it is still awaiting action by the House. The IIJA includes a five-year
reauthorization of surface transportation programs, along with additional funding for highway,
transit, rail, water, energy, and broadband investments. The IIJA provides $550 billion in new
infrastructure funding above existing levels, almost half of which would directly benefit
transportation programs. A majority of the new transportation funding would be directed
towards existing programs, funding above authorized levels by the FAST Act.
Speaker Pelosi has said that she expects the House to act on the IIJA prior to October 31, but
passage of the legislation may remain dependent upon the status of the larger budget
reconciliation package.
Attachments:
1) Legislative Matrix – October 2021
2) Governor Newsom AB 1147 (Friedman) Veto Message – Dated October 8, 2021
21
RIVERSIDE COUNTY TRANSPORTATION COMMISSION - POSITIONS ON STATE AND FEDERAL LEGISLATION – OCTOBER 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.
Signed by the Governor
September 22, 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. Now a
two-year bill.
April 26, 2021
SUPPORT
Staff action based on platform
April 5, 2021
SB 261 (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.
Now a two-year bill.
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.
Ordered Reported by the
House Committee on
Natural Resources
July 14, 2021
SUPPORT
Staff action based on platform
June 11, 2021
ATTACHMENT 1
22
OFFICE OF THE GOVERNOR
OCT O8 2021
To the Members of the California State Assembly:
I am returning Assembly Bill 1147 without my signature.
This bill adds new and modified reporting at the local and regional levels on
compatibility of land use and transportation planning with greenhouse gas
reduction goals and a proposal for a pilot program to create a network of
bicycle highways.
Although the bill seeks to improve transparency to the Sustainable Community
Strategies process, it does not require or incentivize regional and local
governments to make land use decisions that change development and
transportation patterns.
While I share the author's goal to align policies and promote the use of active
transportation modes such as walking and biking, the bill is not necessary
because state agencies are already collaborating on these policies and
updating local requirements.
I proposed $7.6 billion to make key investments in a wide variety of critically
necessary projects including high speed rail, transit connectivity projects in
advance of the 2028 Los Angeles Olympics, active transportation, and a variety
of other rail system improvements. Not only will these projects improve safety
and access for bicyclists and pedestrians, they will significantly reduce
greenhouse gas emissions and are key to meeting our state's climate objectives.
GOVERNOR GAVIN NEWSOM• SACRAMENTO, CA 95814 • (916) 445-2841
ATTACHMENT 2
23
I look forward to re-engaging with the Legislature to finalize and pass a
comprehensive transportation package early next year.
24
AGENDA ITEM 6E
Agenda Item 6E
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: November 10, 2021
TO: Riverside County Transportation Commission
FROM: Western Riverside County Programs and Projects Committee
Reinland Jones, Toll Technology Manager
THROUGH: Anne Mayer, Executive Director
SUBJECT:
Change Order to Amend the Interstate 15 Express Lanes Project Toll Services
Agreement with Kapsch TrafficCom USA to Provide Maintenance Services and
Image Review Services for the 91 Express Lanes Roadside System
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF
RECOMMENDATION:
This item is for the Commission to:
1) Approve Change Order No. 23 to Agreement No. 16-31-043-00 for the Interstate 15
Express Lanes Project (I-15 ELP) with Kapsch TrafficCom USA Inc. (Kapsch) to provide five
years of maintenance services for the 91 Express Lanes Roadside System and Image
Review Services in an amount not to exceed $3,021,143; and
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute
the change order on behalf of the Commission.
BACKGROUND INFORMATION:
In April 2017 Governor Brown signed Senate Bill 132 (SB 132) which appropriated $427 million to
the Riverside County Transportation Efficiency Corridor (RCTEC) for five projects. SB 132
allocated $180 million to the I-15/SR-91 Express Lane Connector (15/91 ELC). The 15/91 ELC will
provide a tolled express lanes connector between the existing 91 Express Lanes and the future
15 Express Lanes to the north of SR-91 (Figure 1: Vicinity Map).
25
Agenda Item 6E
Figure 1: 15/91 Express Lanes Connector Project Vicinity Map
SB 132 also statutorily created a task force to develop recommendations to accelerate project
delivery of the RCTEC projects. On June 27, 2017, Governor Brown signed budget trailer bill
Assembly Bill 115 (AB 115) through which the Commission received additional project delivery
authority to ensure cost-effective and timely delivery of the 15/91 ELC.
At its October 2017 meeting, the Commission approved an overall procurement strategy for the
15/91 ELC to secure all the services and construction needed to deliver the project. The approved
strategy consists of a series of contract amendments, as permitted by AB 115, to existing
91 Project and I-15 ELP contracts with engineering companies, contractors, toll vendors, legal,
and financial advisors.
With the addition of the 15/91 ELC, a customer travelling between the 91 Express Lanes and the
15 Express Lanes will be required to use tolled segments from both express lanes. In order to
provide a seamless customer experience, staff recommended that the same roadside tolling
system be used for the 91 Express Lanes, the 15 Express Lanes and the 15/91 ELC. At its July 2018
meeting, the Commission approved Change Order No. 5 to the I-15 ELP Agreement
No. 16-31-043-00 for Kapsch to replace the roadside tolling system on the 91 Express Lanes which
had been installed and operated by Cofiroute USA LLC (Cofiroute).
26
Agenda Item 6E
At its February 2021 meeting, the Commission approved Change Order No. 7B to allow for Kapsch
to provide maintenance of the 91 Express Lanes roadside tolling system for five years through
February 2026, which was anticipated to be the end date for the Kapsch 15 Express Lanes
maintenance period. The 15 Express Lanes maintenance period began April 14, 2021, with the
opening of the 15 Express Lanes, and is for five years ending April 12, 2026. The delay in the
opening of the 15 Express Lanes created a one and one-half month gap in maintenance for the
91 Express Lanes roadside tolling system.
Change Order No. 7B did not include maintenance for minor roadside equipment currently
maintained by Cofiroute USA (Cofiroute), as the contracted operator for the 91 Express Lanes,
under the OCTA/RCTC/Cofiroute Operating Agreement No. 13-31-105-00. Cofiroute will continue
to provide services for the minor 91 Express Lanes roadside equipment until the termination of
Agreement No. 13-31-105-00 anticipated to be December 31, 2021.
Change Order No. 7B also did not include image processing services for the 91 Express Lanes
which Kapsch has been providing since the roadside tolling system transition from Cofiroute to
Kapsch.
DISCUSSION:
The proposed Change Order No. 23 to the agreement with Kapsch includes the following:
1. One and one-half additional months of roadside tolling system maintenance;
2. Four years and four months of maintenance of additional roadside equipment; and
3. Image processing services for the 91 Express Lanes through April 14, 2026.
One and One-Half Additional Months of Roadside Tolling System Maintenance
The additional one and one-half months of roadside tolling system maintenance will provide for
continued maintenance of the 91 Express Lanes roadside tolling system through the end of the
base operations and maintenance period with Kapsch. The additional period is needed to provide
for operations and maintenance of the 91 Express Lanes and 15 Express Lanes roadside tolling
system through the same period. The cost of the additional one and one-half months is at the
same rate approved by the Commission in Change Order No. 7B and totals $111,392.
Four Years and Four Months of Maintenance of Additional Roadside Equipment
Cofiroute’s initial contract to operate the 91 Express Lanes (the OCTA/RCTC/Cofiroute Operating
Agreement or ORCOA No. 13-31-105-00) requires Cofiroute to provide maintenance of roadside
equipment which was not replaced by Kapsch under Change Order No. 5 through the end of the
ORCOA. The ORCOA will terminate with the transition to the new Cofiroute agreement for
development and installation of a new back office system and provision of express lanes operator
services. The Commission awarded the new agreement to Cofiroute in November 2019. The end
date of the ORCOA is anticipated to occur by December 31, 2021. At that time, the new Cofiroute
27
Agenda Item 6E
agreement does not provide for maintenance of the on-road closed circuit television cameras,
changeable message signs, the communication network, or the toll utility building operations.
As the operator of the roadside tolling system, Kapsch is better suited to provide the
maintenance of these additional items. Kapsch will update the equipment to ensure compatibility
with the roadside tolling system. The Kapsch agreement provides a pre-negotiated hourly rate
for maintenance personnel on which this change order is based. Staff worked with Kapsch to
determine the hours required to perform this additional maintenance and believes the agreed-
upon hours and pre-negotiated rate results in a fair and reasonable price. The costs to update
the equipment is $242,351 and four years and four months of maintenance services is
$1,490,231, for a total amount of $1,732,582.
Two Image Processors
Until the transition of the roadside toll system from Cofiroute to Kapsch, Cofiroute performed
manual image review of the 91 Express Lanes transactions. Kapsch has been performing image
review of the 91 Express Lanes transactions since April 14, 2021. The toll system generates an
image for each transaction on the 91 Express Lanes. Kapsch uses optical character recognition
software to review over 75 percent of the image transactions. The remaining 25 percent are
reviewed by human reviewers employed by Kapsch. The 91 Express Lanes images require two full
time employees to review the images in a timely and accurate manner. Staff evaluated the
number of historical images and the current image processors rate of processing to arrive at the
need for two additional image reviewers. The cost of the two additional image reviewers for the
duration of the operations and maintenance period is $1,177,169.
Summary
In order to provide for complete maintenance of the 91 Express Lanes roadside system and
process image transactions, Change Order No. 23 includes the items listed in the table below.
The amounts listed include the overhead burden and profit mark-up according to the Kapsch
Agreement.
Item Amount
1 ½ months roadside toll system maintenance $ 111,392
4 years and 4 months additional roadside maintenance 1,732,582
2 image processors 1,177,169
Total $ 3,021,143
RECOMMENDATION:
Staff recommends approval of Change Order No. 23 to amend the Toll Services Agreement
between the Commission and Kapsch in an amount not to exceed $3,021,143. Further,
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authorization is requested for the Chair or Executive Director to execute the amendment on
behalf of the Commission.
Financial Information
In Fiscal Year Budget: Yes
N/A Year: FY 2021/22
FY 2022/23+ Amount: $ 657,023
$ 2,364,120
Source of Funds: 91 Express Lanes toll revenues Budget Adjustment: No
N/A
GL/Project Accounting No.: 009199 81041 00000 0000 591 31 81002
Fiscal Procedures Approved: Date: 10/14/2021
Attachment: Draft Change Order No. 23 with Kapsch
Approved by the Western Riverside County Programs and Projects Committee on
October 25, 2021
In Favor: 11 Abstain: 0 No: 0
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Change Response / TSP Change Request
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
I-15 Toll Services Provider Contract
Change Order No. 23
Pursuant to: (check appropriate box)
Written Change Notice No. 8 (RCTC-Kapsch-LTR-0120), dated 6 August 2021,
submitted by RCTC to TSP pursuant to Section 20.4.1 of the Contract
TSP Change Request No._______, dated __________, submitted by TSP to RCTC
pursuant to Section 20.6 of the Contract
Directive Letter No. ________, dated __________, submitted by RCTC to TSP pursuant
to Section 20.3 of the Contract
Reference is made to that certain Toll Services Contract (Contract No. 16-31-043-00) dated 26
January 2017, as amended, by and between Riverside County Transportation Commission
(“RCTC”), a public entity of the State of California (“RCTC”), and Kapsch TrafficCom USA, Inc., a
corporation organized under the laws of Delaware (“TSP”), as amended, together with all Exhibits
and prior amendments (the “Contract”).
This Change Order amends the Contract.
Capitalized terms used, but not defined, in this Change Order have the meanings given in, and
all Section and Exhibit references shall be to the Contract.
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SECTION I – Narrative, Discussion of Additions, Deletions, Modifications to the Requirements
of the Toll Services Contract
A. Evaluation of Change including whether TSP considers any RCTC-Initiated
Change to constitute a Change and the specific provision(s) of this Contract
which permit a Change Order (Section 20.4.3(a)(i)):
N/A – RCTC Initiated Change Order
B. Overview of scope of Change (Section 20.4.3(a)(iii)). For detailed scope of Change,
please complete the Change Response Price Form:
All capitalized terms used in this Change Order #7B and not defined herein have the meanings given to
such terms in the Toll Services Contract dated January 26, 2017 (as amended by this Change Order and
the previous Change Orders), between the Riverside County Transportation Commission (RCTC) and
Kapsch TrafficCom USA, Inc. (TSP) (together the Contract).
Part 1: Work under this Change Order
A. SR-91 Additional 1 ½ months of O & M
1) Due to the delay in the opening of the 15 Express Lanes the O &M period for the 91 Express
Lanes currently ends 1 ½ months before the 15 Express Lanes O & M. To provide for O & M
through April 14, 2026 for both express lanes an additional 1 ½ months of O & M for the 91
Express Lanes is needed. The cost of this additional O & M is as the same rate approved in
change order 7B.
B. Additional Personnel to Support the Addition of the SR-91 Toll Processing into the I-15 Back Office
1) Due to the addition of transactions and images, from the SR-91 RCTC Toll locations, into the
processing flow of the I-15 Host, Image Review, and Back Office Systems additional personnel are
required to handle images review.
2) The Contract originally specified staffing to handle the workload for the I-15 system and did not
anticipate the additional workload generated by the SR-91 Toll locations (created through Change
Orders 5 and 6) being added to the RCTC tolling network.
3) This change order adds 2 Image Reviewers to the Customer Service Center staffing, for the
duration of the ELP O&M period.
B. SR-91 O&M Work
1) This change order no. 23 adds maintenance support for the existing equipment on the SR-91
Express Lanes that was previously under maintenance by Cofiroute USA, Inc.
2) Initial update work will be required on the equipment to be taken into maintenance, and the
initial update will be performed per the schedule in Attachment 4.
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3) The items being added for maintenance as indicated as “NEW” in Change #1 in Attachment 2
(Redlined Technical Provisions).
During the SR-91 O&M Term, TSP will perform the following O&M Work (collectively, the SR-91 O&M
Work):
(a) Maintenance Services to support the RCTC SR-91 Tolling in accordance with
Technical Provisions (TP), Section 16 (the “SR-91 Maintenance Work”).
(b) All other provisions of the Contract apply to this SR-91 O&M Work.
Part 3: Other Material Terms
1) Bonding Requirements
a. As a condition of performing the O&M work on the SR-91, TSP shall provide
and maintain the SR-91 Maintenance Performance Bond (Attachment 3-A)
and the SR-91 Maintenance Payment Bond (Attachment 3-B). RCTC will
release the SR-91 Maintenance Performance Bond upon expiry of the SR-91
O&M Term, provided that no outstanding claims are then pending or
threatened against TSP under the Contract in connection with the SR-91
O&M Work. RCTC will release the SR-91 Maintenance Payment Bond (i) upon
receipt of (A) evidence satisfactory to RCTC that all Persons eligible to file a
claim against the bond have been fully paid and (B) unconditional releases of
Liens and stop notices from all Subcontractors who filed preliminary notice
of a claim against the Bond, or (ii) upon expiration of the statutory period for
Subcontractors to file a claim against the Bond if no Claims have been filed.
Part 4: SR-91 ROW Access
RCTC will provide TSP with access to the SR-91 ROW for the purposes of performing the SR-91 O&M Work,
provided that (i) TSP shall obtain a rider to the existing RCTC encroachment permit providing TSP with
access to the SR-91 Site prior to commencing work on the site and shall comply with the requirements of
such permit, and (ii) TSP shall comply at all times with TSP’s safety and security procedures and all
applicable requirements of this Contract and Technical Provisions.
Part 5: Additional Definitions (Exhibit 1 to the Contract)
All definitions from Change Order 7B still apply.
Part 6: Impacts on Existing Definitions and Contract Provisions
The definition of “Indemnified Parties” is revised to add Orange County Transportation Authority and its
officers, directors, board members, employees, consultants, representatives and agents.
For purposes of the SR-91, the Setting Date, the Effective Date and similar reference dates under the
Contract will be the date of issuance of this Change Order.
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Except as specifically provided otherwise in this Change Order:
1) Defined terms previously applying generally to the ELP Project (such as “Project,” “D&D
Work,” “Toll Services,” “Work,” “Completion Deadlines,” “Total Capital Cost,” etc.): (a) will
retain the same names and the definitions will be revised to include SR-91 (Phase 1, 2, 3, and
4) and ELC; but (b) corresponding ELP Project-specific defined terms will also be created so as
to distinguish from SR-91 and ELC as needed.
2) Provisions in the Contract of general application to the ELP Project (such as TSP’s indemnities,
events of default) will also apply to SR-91 and ELC.
C. Analysis of (impact of the Change on the performance of other aspects of the D&D
Work, O&M Work, RCTC or RCTC’s toll operations (as applicable); (Section
20.4.3(a)(v)):
All impacts of the Change are reflected in Change Order #7B, and this Change Order #23, and
there are no other impacts of the Change on the performance of other aspects of the D&D
Work, O&M Work, RCTC or RCTC’s toll operations.
D. Proposed plan for mitigating impacts of the Change (Section 20.4.2(a)(x)):
N/A
E. Additions / deletions / modifications to the requirements of the Contract including
KPIs (if any) (Section 20.4.3(a)(viii)):
See Redlined Technical Provisions in Attachment 2.
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SECTION II – Cost Impact(s)
A. Summary
Compensation under this Change Order is to be paid (check the applicable boxes below):
n/a 1 $0.00 (“no cost”) Change Order.
as a lump sum payment in the accordance with Attachment 1B – Initial Update to
Support Equipment Maintenance, at the completion of the events shown in the schedule in
Attachment 4
as a series of monthly payments in accordance with Attachment 1A (for the Image
Reviewers) and 1C through 1G – SR-91 O&M – Price Sheet – Monthly Payments in addition
to those shown in Change Order #7B,
as an adjustment to Total O&M Years 1 and 2 Cost or Total O&M Years 3, 4 and 5 Cost
as a Unit Price Change Order for increases or decreases in the Contract Price [not to
exceed] / [in the amount of] __________ dollars ($ __________))
as a Time and Materials Change Order, [not to exceed __________ dollars ($
__________)]
as is set forth below, under Section II(B)([2] / [3]).[select the proper reference]
If more than one box has been checked, also check this box and summarize terms here:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
Documentation supporting the Change Order is attached as Annex[es] __________ [through
__________].
B. Special Considerations
1. Delay and disruption damages for Excusable Delay (Section 20.10). n/a
Compensation available for Change Orders are (only) extra Work Costs and delay Costs directly
attributable to the proposed Change and exclude certain costs and expenses.
• Total extra Work Costs: $__________
• Total delay and disruption damages: $ __________
1 If $0 (i.e., a “no cost” Change Order), leave remainder of Section II blank.
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Discussion (if any):
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
2. Deductive RCTC Changes. n/a
If this Change Order is a deductive change
Net Cost 2 Savings attributable to the deductive change $ __________
Amount due to RCTC attributable to the deductive Change (or which can be used by RCTC,
in its sole discretion, to offset payment to TSP) $ __________
Discussion (if any):
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
2 When both additions and reductions are involved in any one Change Order, the adjustment shall be
determined on the basis of net increase or decrease. TSP Margin will be allowed only for the net increase in labor
Cost in order to establish the amount to be added to the Contract Price. In determining a deductive change order, any
deduction will include the amount of TSP Margin and Audited Overhead which would have been payable on such
amounts by RCTC in accordance with Section 20.
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SECTION III – Completion Deadline Impacts (Applicable to All Change Orders)
The status of the CSC Commencement Deadline is as follows:
Unaffected by this Change Order
Affected by [extending] / [accelerating] the date of the CSC Commencement
Deadline by _________calendar days to __________ calendar days prior to Revenue
Service Commencement.
The status of the Revenue Service Commencement Deadline is as follows:
Unaffected by this Change Order
Affected by [extending] / [accelerating] the date of the Revenue Service Deadline
by _________calendar days to __________ Days after the Package 4 Turnover Date.
The status of the total Float is as follows:
Unaffected by this Change Order
Affected by this Change Order as follows:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
If this Change Order is issued as a result of, or relating to, an Excusable Delay or a shortening
time, TSP’s Critical Path time impact delay analysis is attached as Annex _____ (Section
20.4.3(a)(vi)). n/a
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SECTION IV - (Reviewed and recommended agreed by TSP’s [Project Manager-D&D Work]
or [Project Manager-O&M Work])
By: ___________________________________________
Name: Jim Kirwin
Title: Project Manager
Date: ___________________
Comments:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
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SECTION V - (Reviewed and agreed by TSP)
The undersigned Authorized Representative of TSP hereby certifies, under penalty of perjury, as
follows:
1. Sections I, II and III of this Change Order, including all Worksheets and Annexes, collectively
represent a true, accurate and complete summary of all aspects of this Change Order.
2. The amounts of time and/or compensation set forth in this Change Order (a) are, in each case,
justified as to entitlement and amount, (b) reflect all changes to compensation for and scheduling
of the Project (inclusive of all Subcontractor and Supplier amounts, impacts), (c) is complete,
accurate and current and (d), in each case, the amounts of time, if any, and/or compensation, if
any, agreeable to, and is hereby agreed by, TSP.
3. This Change Order includes all known and anticipated impacts or amounts, direct, indirect and
consequential, which have been and may be incurred, as a result of the event, occurrence or
matter giving rise to this Change Order. This Change Order constitutes a full and complete
settlement of all Losses, Claims, matters, issues and disputes existing as of the effective date of
this Change Order, of whatever nature, kind or character relating to the event, occurrence or
matter giving rise to this Change Order and the performance of any extra Work that this Change
Order documents or relates, including all direct and indirect costs for services, equipment,
manpower, materials, overhead, profit, financing, delay and disruption arising out of, or relating
to, the issues set forth herein. TSP acknowledges that it shall not be entitled to assert any Claim
for relief under the Contract for delay, disruption costs or any other adverse financial or Project
Schedule impacts existing as of the effective date of this Change Order and arising out of, or
relating to, the event, occurrence or matter giving rise to this Change Order or such extra Work.
4. If the foregoing Change Order includes claims of Subcontractors or Suppliers, TSP represents
that authorized representatives of each Subcontractor and Supplier, if any, reviewed such claims,
this Change Order and accept this Change Order as dispositive on the same, subject to separate
Contract between TSP and each such Subcontractor and Supplier, as applicable. Furthermore,
TSP has determined in good faith that such claims are justified as to both entitlement and amount.
5. The cost and pricing data forming the basis for the Change Order is complete, accurate
and current, with specific reference to the California False Claims Act (Government Code section
12650 et. seq.) and the U.S. False Claims Act (31 USC § 3729 et seq.)
6. It is understood and agreed that this Change Order shall not alter or change, in any way,
the force and effect of the Contract, including any previous amendment(s) thereto, except insofar
as the same is expressly altered and amended by this Change Order.
7. This Change Order supersedes all prior commitments, negotiations, correspondence,
conversations, Contracts or understanding applicable to the issues addressed herein. No
deviation from the terms hereof shall be predicated upon any prior representations or Contracts,
whether oral or written, other than the Contract, as amended in accordance with its terms.
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8. This Change Order is binding upon, and shall insure to the benefit of, each of the parties and
their respective heirs, personal representatives, successors and assigns.
IN WITNESS, WHEREOF, TSP, intending to be legally bound, has executed this Change
Order as of the date below.
TSP:
Kapsch TrafficCom USA, Inc.
Date: ___________________
By:
Name: Ray Cooper
Title: Vice President and General Manager,
Western Region Delivery and Operations
The undersigned Guarantor hereby (i) acknowledges and consents to this CHANGE ORDER
NUMBER 5; (ii) reaffirms that certain Guaranty dated as of _25 August, 2020 (the “Guaranty”),
executed by the undersigned; and (iii) agrees that the Guaranty remains in full force and effect
and binding upon the undersigned as of the date hereof.
TSP:
Kapsch TrafficCom AG
Date: ___________________
By: ___________________________
Name: JB Kendrick
Title: President
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SECTION VI - (Reviewed and recommended by RCTC)
By:_______________________________________________
Name: David Thomas
Title: Toll Project Delivery Director
Date: ___________________
Comments:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
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SECTION VII - (Agreed by RCTC’s Authorized Representative)
IN WITNESS WHEREOF, RCTC, intending to be legally bound, has executed this Change
Order as of the date first written above.
Date: ___________________
(the effective date of this Change Order)
RCTC
RIVERSIDE COUNTY TRANSPORTATION
COMMISSION
By: ______________________________
Name: Anne Mayer
Title: Executive Director
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ATTACHMENT 1A
PRICE SHEET – SR-91 ADDITIONAL O & M
YEAR 5 – MARCH 2026 THROUGH APRIL 14, 2026
# Item Description Unit Qty Unit Price Total
1 Labor – Kapsch SR 91 Year 5 –
O&M work
Month 1 $90,649.39 $90,649.39
2 Subcontractors Maintenance
Service
Contracts, Lane
Closures,
Security Services
Lot 1
$9,894.02 $9,894
3 ODCs Technician ODCs
– Vehicle Lease,
Fuel,
Maintenance,
tolls, etc.
Lot 1
$3,912.00 $3,912
4 Materials Spares,
Consumables,
RMA and Repair
Lot 1
$6,936.41 $6,936
Total Additional SR-91 Additional Maintenance Costs $111,391.82
Monthly Cost $74,261.21
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ATTACHMENT 1B
PRICE SHEET – ADDITIONAL IMAGE REVIEWERS
MONTHLY PRICING
# Item Description Unit Qty Unit Price Total
1 Labor –
Kapsch
Year 1 (ELP) - 2
Image Reviewers
Month 12 $19,120.14 $229,441.68
2 Labor –
Kapsch
Year 2 (ELP) - 2
Image Reviewers
Month 12 $19,031.71 $228,380.52
3 Labor –
Kapsch
Year 3 (ELP) – 2
Image Reviewers
Month 12 $19,503.63 $234,043.56
4 Labor –
Kapsch
Year 4 (ELP) – 2
Image Reviewers
Month 12 $19,975.57 $239,706.84
5 Labor –
Kapsch
Year 5 (ELP - 2
Image Reviewers
Month 12 $20,466.38 $245,596.56
Total Additional Image Reviewer Costs $1,177,169.16
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ATTACHMENT 1C
SR-91 O&M – PRICE SHEET
INITIAL UPDATES TO SUPPORT EQUIPMENT MAINTENANCE
NOVEMBER 2021 THROUGH DECEMBER 2021
# Item Description Unit Qty Unit Price Total
1 Labor – Kapsch SR-91 O&M
Work
Lot 1 $172,206 $172,206
2 Subcontractors Maintenance
Service
Contracts, Lane
Closures,
Security Services
Lot 1 $0 $0
3 ODCs Technician ODCs
– Vehicle Lease,
Fuel,
Maintenance,
tolls, etc.
Lot 1 $30,642 $30,642
4 Materials Spares,
Consumables,
RMA and Repair
Lot 1 $39,503 $39,503
Total Initial Update Costs $242,351
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ATTACHMENT 1D
SR-91 O&M – PRICE SHEET – MONTHLY PAYMENTS
JANUARY 2022 THROUGH DECEMBER 2022
# Item Description Unit Qty Unit Price Total
1 Labor – Kapsch SR-91 O&M
Work
Lot 1 $238,227 $238,227
2 Subcontractors Maintenance
Service
Contracts, Lane
Closures,
Security Services
Lot 1 $0 $0
3 ODCs Technician ODCs
– Vehicle Lease,
Fuel,
Maintenance,
tolls, etc.
Lot 1 $104,543 $104,543
4 Materials Spares,
Consumables,
RMA and Repair
Lot 1 $5,549 $5,549
Total O&M Costs – Year 1 $348,319
12 months @ per month $29,026.58
NOTE: MOT Support based on 4 closures per year (outside of Caltrans closures).
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ATTACHMENT 1E
SR-91 O&M – PRICE SHEET – MONTHLY PAYMENTS
JANUARY 2023 THROUGH DECEMBER 2023
# Item Description Unit Qty Unit Price Total
1 Labor – Kapsch SR-91 O&M
Work
Lot 1 $244.164 $244,164
2 Subcontractors Maintenance
Service
Contracts, Lane
Closures,
Security Services
Lot 1 $0 $0
3 ODCs Technician ODCs
– Vehicle Lease,
Fuel,
Maintenance,
tolls, etc.
Lot 1 $103,622 $103,622
4 Materials Spares,
Consumables,
RMA and Repair
Lot 1 $5,549 $5,549
Total O&M Costs – Year 2 $353,335
12 months @ per month $29,444.59
NOTE: MOT Support based on 4 closures per year (outside of Caltrans closures).
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ATTACHMENT 1F
SR-91 O&M – PRICE SHEET – MONTHLY PAYMENTS
JANUARY 2024 THROUGH DECEMBER 2024
# Item Description Unit Qty Unit Price Total
1 Labor – Kapsch SR-91 O&M
Work
Lot 1 $250,267 $250,267
2 Subcontractors Maintenance
Service
Contracts, Lane
Closures,
Security Services
Lot 1 $0 $0
3 ODCs Technician ODCs
– Vehicle Lease,
Fuel,
Maintenance,
tolls, etc.
Lot 1 $76,982 $76,982
4 Materials Spares,
Consumables,
RMA and Repair
Lot 1 $5,549 $5,549
Total O&M Costs – Year 3 $332,798
12 months @ per month $27,733.17
NOTE: MOT Support based on 4 closures per year (outside of Caltrans closures).
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ATTACHMENT 1G
SR-91 O&M – PRICE SHEET – MONTHLY PAYMENTS
JANUARY 2025 THROUGH DECEMBER 2025
# Item Description Unit Qty Unit Price Total
1 Labor – Kapsch SR-91 O&M
Work
Lot 1 $256,542 $256,542
2 Subcontractors Maintenance
Service
Contracts, Lane
Closures,
Security Services
Lot 1 $4,326 $4,326
3 ODCs Technician ODCs
– Vehicle Lease,
Fuel,
Maintenance,
tolls, etc.
Lot 1 $64,059 $64,059
4 Materials Spares,
Consumables,
RMA and Repair
Lot 1 $5,549 $5,549
Total O&M Costs – Year 4 $330,476
12 months @ per month $27,539.67
NOTE: MOT Support based on 4 closures per year (outside of Caltrans closures).
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ATTACHMENT 1H
SR-91 O&M – PRICE SHEET – MONTHLY PAYMENTS
JANUARY 2026 THROUGH APRIL 2026
# Item Description Unit Qty Unit Price Total
1 Labor – Kapsch SR-91 O&M
Work
Lot 1 $98,662 $98,662
2 Subcontractors Maintenance
Service
Contracts, Lane
Closures,
Security Services
Lot 1 $0 $0
3 ODCs Technician ODCs
– Vehicle Lease,
Fuel,
Maintenance,
tolls, etc.
Lot 1 $21,092 $21,092
4 Materials Spares,
Consumables,
RMA and Repair
Lot 1 $5,549 $5,549
Total O&M Costs – Year 5 $125,303
12 months @ per month $31,325.75
NOTE: MOT Support based on 4 closures per year (outside of Caltrans closures).
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ATTACHMENT 1I
SR-91 O&M – SUMMARY
# Item Description Unit Qty Total
1 SR-91 Additional 1 ½
months of O & M
5 years in line with
ELP O&M Contract
Lot 1 $111,392.10
2 Additional Image
Reviewers
5 years in line with
ELP O&M Contract
Lot 1 $1,177,169.16
3 SR91 Initial Update to
Additional Equipment
November 2021 –
January 2022
Lot 1 $242,351
4 SR91 Additional O&M Year 1 Lot 1 $348,319
5 SR91 Additional O&M Year 2 Lot 1 $353,335
6 SR91 Additional O&M Year 3 Lot 1 $332,798
7 SR91 Additional O&M Year 4 Lot 1 $330,476
8 SR91 Additional O&M Year 5 Lot 1 $125,303
TOTAL $3,021,143.26
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ATTACHMENT 2
ADDITIONAL AND REVISED TECHNICAL PROVISIONS
CHANGE #1 – The following provisions are modified in the new Subsection
2.13.7 (originally added in Change Order #5):
“2.13.7 Coordination with SR-91 Operator
RCTC is currently under contract with the SR-91 Operator for the operations and maintenance of the toll
system on SR-91. TSP shall coordinate with the SR-91 Operator in the deployment and transitions of the
ETC on SR91. The TSP shall be responsible for the implementation, operations, coordination and
maintenance of SR-91 ETC per Table 1.
No. Express Lanes TSP SR 91 Operator RCTC NOTE
Toll Collection System
1 Toll Utility Buildings (TUB) X
2 A/C TUB
(See NOTE 1 below)
X
3 Fire Suppression System
(See NOTE 2 below)
X
4 Phone Communications X
5 CCTV TUB Security X
6 Security Access X
7 TUB Cleaning X
8 Toll Gantry Structure
(See NOTE 1 below)
X
9 Equipment Cabinet X
10 Generator & ATS X NEW
11 Septic Tank
(See NOTE 3 below)
X
12 Plumbing and water system
(See NOTE 3 below)
X
13 Utility – power
(See NOTE 1 below)
X
14 Server Racks & Equipment X X (TBD)
15 Pass through communications
(CCTV) – See item 17, 18, and 19 –
see Note 5 below
X NEW
16 High Mast Lighting (within Toll
Zone)
(See NOTE 2 below)
X
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Communication Network
17 Conduit X NEW
18 Fiber X NEW
19 Roadway CCTV X NEW
20 Existing CMS
(See NOTE 4 below)
X NEW
21 Utility connection to CCTV – see
item 17,18, and 19 – see NOTE 5
below
X NEW
Coordination
22 CHP X
23 Freeway Service Patrol X
24 Caltrans Maintenance X
25 Other Agencies X
Table 1 – SR-91 Roles and Responsibilities
NOTE 1: TSP shall be responsible for oversight of the repair of damage, regardless of cause. If required
and upon approval of RCTC, TSP shall be responsible for acquiring and overseeing any third-party
repair. The costs of the third-party repair shall be the responsibility of RCTC. The acquisition of a third-
party and oversight of the repair shall be the responsibility of the TSP at no additional cost to RCTC.
NOTE 2: TSP shall provide oversight when third-party contractors are providing service for RCTC items, in
order to ensure that there will be no damage to the tolling equipment.
NOTE 3: TSP to notify RCTC immediately if an issue has been seen, detected, or reported.
NOTE 4: RCTC currently maintains the maintenance contract with Daktronics that expires in January
2025. TSP is responsible to manage coordination of activities related to this maintenance contract. TSP
shall take over this subcontract upon expiration of the current subcontract period.
NOTE 5: The responsibility split for the network is at the punch panel in the Anaheim Data Center (ADC).
TSP is responsible for the roadway elements from the patch panel. SR-91 Operator is responsible for
the ADC elements from the patch panel.
CHANGE #2 – The following paragraph is added to Subsection 16.6.1:
“16.6.1 Permitted Lane Closures of 91 Express Lanes
Add the following paragraph:
TSP is allowed six (6) off peak Lane Closure hours for the SR-91 Express Lanes per month. The closures
are subject to approval by RCTC and will fall within the off-peak windows set forth in Section 4.7.3, Table
4-1. Closure restrictions for designated holidays and special days are also included in Section 4.7.3. TSP
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Riverside County Transportation Commission
I-15 Express Lanes Project – Toll Services
24
Sensitive
shall pay to RCTC Lane Closure Charges for Permitted Lane Closures of SR-91 Express Lanes outside the 6
hours per month as set forth in Exhibit 22 of the Contract.
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Riverside County Transportation Commission
I-15 Express Lanes Project – Toll Services
25
Sensitive
ATTACHMENT 3-A
SR-91 MAINTENANCE PERFORMANCE BOND
ALREADY PROVIDED IN THE EXECUTED CHANGE ORDER 7B.
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Riverside County Transportation Commission
I-15 Express Lanes Project – Toll Services
26
Sensitive
ATTACHMENT 3-B
SR-91 MAINTENANCE PAYMENT BOND
Already provided in the executed change order 7b.
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Riverside County Transportation Commission
I-15 Express Lanes Project – Toll Services
27
Sensitive
ATTACHMENT 4
EQUIPMENT UPDATE SCHEDULE
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Riverside County Transportation Commission
I-15 Express Lanes Project – Toll Services
28
Sensitive
ATTACHMENT 5
EQUIPMENT LIST AND KPI PRIORITY
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AGENDA ITEM 6F
Agenda Item 6F
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: November 10, 2021
TO: Riverside County Transportation Commission
FROM: Western Riverside County Programs and Projects Committee
Silva Mardrussian, Toll Customer Service Manager
THROUGH: Anne Mayer, Executive Director
SUBJECT: Amendment to the 91 Express Lanes Operator Agreement
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF
RECOMMENDATION:
This item is for the Commission to:
1) Approve Agreement No. 13-31-105-06, Amendment No. 6 to the 91 Express Lanes
Operator Agreement No. 13-31-105-00 (commonly referred to as the ORCOA), among the
Orange County Transportation Authority (OCTA), the Commission, and Cofiroute USA, LLC
(Cofiroute), for up to three one-month optional extension periods for an additional
amount of $500,000, and a total amount not to exceed $36,507,044; and
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute
the amendment on behalf of the Commission.
BACKGROUND INFORMATION:
In May 2013, the Commission approved the ORCOA to facilitate the joint operation of the
91 Express Lanes between the Commission and OCTA using the existing contractor, Cofiroute.
The ORCOA expiration date was June 30, 2021.
On September 11, 2019, the Commission approved Amendment 4 to the ORCOA for six
one-month optional extensions to allow for the implementation of a new back-office system, if
needed. To date, the Commission has exercised five of the one-month options. The ORCOA is set
to expire on December 31, 2021, and has no available extension options.
On November 13, 2019, the Commission approved the award of Agreement No. 19-31-059-00
among OCTA, RCTC and Cofiroute USA, LLC. for Back Office System and Customer Service Center
Operations for the 91 Express Lanes to replace the existing ORCOA.
OCTA, RCTC and Cofiroute have been working on the design and implementation of the new
back-office system since January 2020. Cofiroute provided a schedule with its proposal that
indicated it could complete the work by June 30, 2021. On February 16, 2021, Cofiroute
requested an extension of the guaranteed completion date due to delays caused by the
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Agenda Item 6F
COVID-19 pandemic. OCTA and RCTC reviewed the delay claim, according to the available terms
in the Agreement, and awarded Cofiroute the requested extension to September 29, 2021.
Cofiroute’s current schedule reflects an implementation date of mid-December 2021, which
surpasses the contractual completion date. As a part of the transition to the new back-office
system, OCTA is required to change the format of its roadside transactions, which OCTA expects
to be completed in mid-December. In anticipation that the transition to the new Cofiroute
agreement may not occur before the expiration date of the ORCOA on
December 31, 2021, both OCTA and the Commission are seeking to amend the agreement to
allow for three one-month extension periods to the ORCOA to prevent a lapse in services.
Cofiroute provides all the systems, staffing and services required to operate the 91 Express Lanes
except for the in-lane systems. The work provided under this agreement is necessary to manage
the customer accounts, provide transponders, process toll transactions, process toll evasion
violations, manage the traffic operations center and answer customer calls and inquiries. Without
an extension of the ORCOA, the agencies could put the operation of the 91 Express Lanes at risk.
Cofiroute has agreed to continue performing the work described in the agreement for the same
monthly rate provided for in the ORCOA. To date, this agreement has $859,276 available
contingency to offset the cost of this amendment. A total of $500,000 is being requested should
the full, three-month extension be authorized. Table 1 below provides the monthly calculation
for the maximum amount. Staff determined the amount is fair and reasonable.
Table 1 – Maximum Amount
Month Monthly Payment
January 2022 $ 453,092
February 2022 453,092
March 2022 453,092
Total Amendment Amount 1,359,276
Available Contingency (859,276)
Amendment No. 6 Additional Authorization Amount $ 500,000
A summary of the ORCOA and related amendments is as follows:
Table 2 – ORCOA Amendments
Initial Agreement Authorization $ 34,097,946
Amendment No. 1 – Approved Nov. 2016 (2,900,947)
Amendment No. 2 – Approved Jan. 2017 -
Amendment No. 3 – Approved Mar. 2017 1,629,194
Amendment No. 4 – Approved Sept. 2019 3,180,851
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Agenda Item 6F
Amendment No. 5 – OCTA only -
Amendment No. 6 – Pending Commission Approval 500,000
Total Proposed Agreement Authorization $ 36,507,044
To ensure there is no gap in services for the 91 Express Lanes, staff requests approval of
Amendment No. 6 to extend the agreement for up to three additional months to allow for a
successful transition to the new back-office system for an additional amount of $500,000, and a
total amount not to exceed $36,507,044. The extended agreement cost is included in the FY
2021/22 budget; therefore, a budget adjustment is not required.
Financial Information
In Fiscal Year Budget: Yes Year: FY 2021/22 Amount: $500,000
Source of Funds: Toll Revenues Budget Adjustment: No
GL/Project Accounting No.: 009199 81041 00000 0000 591 31 81002
Fiscal Procedures Approved: Date: 10/15/2021
Attachments: Draft Agreement No. 13-31-105-06
Approved by the Western Riverside County Programs and Projects Committee on
October 25, 2021
In Favor: 11 Abstain: 0 No: 0
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AMENDMENT NO. 6
OCTA AGREEMENT NO. C-3-1529
RCTC AGREEMENT NO. 13-31-105-06
AMONG
ORANGE COUNTY TRANSPORTATION AUTHORITY,
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AND
COFIROUTE USA, LLC
THIS AMENDMENT NO. 6 TO AGREEMENT is entered into this _____ day
of _____________, 2021, by and among the Orange County Transportation Authority,
a public corporation of the State of California (the “AUTHORITY”); the Riverside
County Transportation Commission, a public agency (the “COMMISSION”); and
Cofiroute USA, LLC, a Delaware limited liability company (“CONTRACTOR”). The
AUTHORITY, the COMMISSION and CONTRACTOR are sometimes individually
referred to herein as a “Party” and collectively as the “Parties.” The AUTHORITY
and the COMMISSION are sometimes individually referred to herein as an “Agency”
and collectively as the “Agencies.”
RECITALS
A. The Parties have entered into that certain three party operating
agreement, OCTA Agreement No. C-3-1529, RCTC Agreement No. 13-31-105-00,
dated as of May 24, 2013 (the “Original Agreement”), pursuant to which
AUTHORITY and COMMISSION engaged CONTRACTOR to provide management
and operational services for the 91 Express Lanes, with the mutual intent of the
Agencies of operating said lanes as a single, seamless toll facility from the customer’s
perspective, which Original Agreement was amended on five (5) prior occasions. The
Original Agreement, as previously amended, is referred to herein as the “Operating
Agreement”.
B. As of June 30, 2021, the Agencies had an option to extend the Operating
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Agreement on a monthly basis, for a period of up to six (6) months. The final option
ends on December 31, 2021 (“Expiration Date”).
C. The Parties now desire to amend the Operating Agreement and provide
Agencies with the option to extend the Expiration Date for an additional (3) months,
based on the terms and conditions set forth herein.
NOW THEREFORE, it is mutually understood and agreed by the
AUTHORITY, COMMISSION and CONTRACTOR as follows:
1) The Agencies shall have the option to extend the Expiration Date for
three (3) one (1) month periods (each such monthly extension is referred to
individually as the “Extension Period” and the three (3) one (1) month options are
collectively referred to as the “Extension Periods”).
2) The Agencies may exercise an Extension Period by providing
CONTRACTOR at least ten (10) days written notice prior to the end of the Expiration
Date for the first Extension Period, and for any subsequent Extension Period, ten (10)
days written notice prior to end of an Extension Period.
3) The monthly fee payable to CONTRACTOR by COMMISSION for an
Extension Period shall be Four Hundred Fifty-Three Thousand, Ninety-Two Dollars
($453,092). The monthly fee payable to CONTRACTOR by AUTHORITY for an
Extension Period shall be Four Hundred Fifty-Three Thousand, Ninety-Two Dollars
($453,092).
4) The monthly fee during the Extension Period(s) includes, without
limitation, full and complete payment for (i) performance of all services and
obligations set forth in the Operating Agreement and all exhibits attached thereto; (ii)
all extended software, license, maintenance and escrow agreements and performance
of all services thereunder including, without limitation, all software updates and
upgrades and the replacement of hardware based on the historical replacement
schedule for such hardware; and (iii) the work detailed in the Operating Agreement
Transition Plan, to be developed in accordance with Section I-6 of Exhibit A to the
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Operating Agreement.
5) CONTRACTOR shall be solely responsible for, and shall pay in full
when due, all subcontractors, vendors, suppliers and all other costs incurred by or at
the direction of CONTRACTOR in the performance of CONTRACTOR’s obligations
under this Amendment No. 6, unless expressly stated otherwise in the Operating
Agreement.
6) During the Extension Periods, for CONTRACTOR’s full and complete
performance of its obligations under this Amendment No. 6, CONTRACTOR shall
invoice Agencies and Agencies shall make payment for approved invoices in
accordance with the following provisions. On January 1, 2022, and on January 15,
2022, and on the first and 15th day of each succeeding Extension Period,
CONTRACTOR shall submit separate invoices to the AUTHORITY and the
COMMISSION for 50% of the monthly fee for the applicable Extension Period.. Each
invoice shall include the amount due to CONTRACTOR pursuant to paragraph 3
hereof and shall be in the form set forth in the Operating Agreement. AUTHORITY
and COMMISSION shall pay the amount set forth in their respective invoices
pursuant to the terms of the Operating Agreement.
7) Article 7, Payment, subsection J(7) shall be added to the Operating
Agreement to read as follows:
J(7)(a) AUTHORITY’s maximum cumulative payment obligation,
hereunder, for the Extension Periods, for the period commencing on
January 1, 2022 through March 31, 2022, shall not exceed the amount of
One Million, Three Hundred Fifty-Nine Thousand, Two Hundred
Seventy-Six Dollars ($1,359,276), which shall include all amounts
payable to CONTRACTOR for the services contained in Section 4 of this
Amendment No. 6 for the Extension Periods.
J(7)(b) COMMISION’s maximum cumulative payment obligation,
hereunder, for the Extension Periods, for the period commencing on
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January 1, 2022 through March 31, 2022, shall not exceed the amount of
One Million, Three Hundred Fifty-Nine Thousand, Two Hundred
Seventy-Six Dollars ($1,359,276), which shall include all amounts
payable to CONTRACTOR for the services contained in Section 4 of this
Amendment No. 6 for the Extension Periods.
8) All notices hereunder and communications regarding the interpretation of
the terms of this Amendment, or changes thereto, shall be affected by delivery of said
notices in person or by delivering said notices by recognized overnight mail or courier
service, with delivery receipt requested or by depositing said notices in the U.S. mail,
registered or certified mail, returned receipt requested, postage prepaid and addressed
as follows:
To CONTRACTOR: To AUTHORITY:
Cofiroute USA, LLC Orange County Transportation
Authority
200 Spectrum Center Dr., Suite 1650 550 South Main St.
Irvine, CA 92618 P.O. Box 14184
Orange, CA 92863-1584
ATTN: Richard A. Arcé, CPM,
President and Chief Executive Officer
ATTN: Manager, Contracts and
Procurement
To COMMISSION:
Riverside County Transportation
Commission
4080 Lemon St., 3rd Floor
P.O. Box 12008
Riverside, CA 92502-2208
ATTN: Anne Mayer, Executive
Director
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Notices shall be deemed received when actually received in the office of the
addressee (or by the addressee if personally delivered) or when delivery is refused, as
shown on the receipt of the U.S. Postal Service, private carrier or other person making
the delivery.
9) This instrument may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and
the same instrument.
10) A manually signed copy of this Amendment No. 6 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.
6 for all purposes. This Amendment No. 6 may be signed using an electronic
signature.
11) Except as modified and amended herein, the Operating Agreement shall
remain unchanged and in full force and effect.
[Signatures on following page]
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SIGNATURE PAGE TO AMENDMENT NO. 6 TO
OCTA AGREEMENT NO. C-3-1529
RCTC AGREEMENT NO. 13-31-105-06
AMONG
ORANGE COUNTY TRANSPORTATION AUTHORITY,
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AND COFIROUTE USA, LLC.
RIVERSIDE COUNTY
TRANSPORTATION COMMISSION
ORANGE COUNTY
TRANSPORTATION AUTHORITY
By: ____________________________
By: ____________________________
Its: ____________________________ Its: ____________________________
APPROVED AS TO FORM:
BEST BEST & KRIEGER LLP
By: ____________________________
APPROVED AS TO FORM:
By: ____________________________
Counsel to the Riverside County
Transportation Commission
General Counsel to Orange County
Transportation Authority
COFIROUTE USA, LLC
By: ____________________________
Richard A. Arcé, CPM
President and Chief Executive Officer,
VINCI Highways Mobility Solution, Inc.
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AGENDA ITEM 6G
Agenda Item 6G
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: November 10, 2021
TO: Riverside County Transportation Commission
FROM:
Western Riverside County Programs and Projects Committee
Gary Ratliff, Facilities Administrator
Marlin Feenstra, Project Delivery Director
THROUGH: Anne Mayer, Executive Director
SUBJECT: Agreement for Landscape Maintenance Services for the Commission-Owned
Commuter Rail Stations and Toll Facilities
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF
RECOMMENDATION:
This item is for the Commission to:
1) Award Agreement No. 22-24-007-00 with Tropical Plaza Nursery Inc. (Tropical) for
monthly routine and on-call landscape maintenance services for the Commission-owned
commuter rail stations and toll facilities for a five-year term in an amount not to exceed
of $3,759,000;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to finalize and
execute the agreement on behalf of the Commission; and
3) Authorize the Executive Director, or designee, to execute task orders awarded to the
contractor under the terms of the agreement.
BACKGROUND INFORMATION:
The Commission owns and operates nine commuter rail stations (Riverside-Downtown, Jurupa
Valley-Pedley, Riverside-La Sierra, Corona-West, Corona-North Main, Riverside-Hunter Park,
Moreno Valley-March Field, Perris-Downtown, and Perris-South). Station landscape maintenance
services include routine pruning, weeding, planting, mowing turf, ground cover management,
irrigation repair, and other aesthetic activities. Excellent landscape standards and horticultural
health practices are achieved by the Commission’s continual dedication and support of landscape
maintenance services.
As an established toll operator for the RCTC 91 Express Lanes and the 15 Express Lanes, the
Commission owns three toll facilities, consisting of a storage and maintenance building and two
adjacent office buildings for toll business operations. Of these, the storage and maintenance
building at 120 North Joy Street in Corona requires routine landscape maintenance services and
irrigation repair.
67
Agenda Item 6G
Since 2016, staff has used state grant funds whenever possible to upgrade aging irrigation
systems and landscape infrastructure. The integration of drought tolerant native plantings and
efficient irrigation systems have reduced water usage and maintenance costs. Station landscape
beautification, maintenance and water conservation improvement efforts reflect the
Commission’s commitment to the patrons, environment, and sustainability practices.
In December 2016, the Commission awarded an agreement to Tropical for monthly routine and
on-call landscape maintenance services for a seven-year term. With the implementation of new
landscape infrastructure over the past five years which staff anticipates will lower maintenance
costs, staff pursued a new Request for Proposal (RFP) rather than a contract extension.
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 landscape maintenance services as set
forth under the terms of RFP No. 22-24-007-00.
RFP No. 22-24-007-00 for landscape maintenance services was released by staff on
August 12, 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 77 firms,
20 of which are located in Riverside County. Through the PlanetBids site, 20 firms downloaded
the RFP, and 2 of these firms are located in Riverside County. Staff responded to all questions
submitted by potential proposers prior to the August 26, 2021 clarification deadline date.
Two firms – Mariposa Landscapes Inc. (Irwindale), and Tropical (Villa Park) – submitted
responsive proposals prior to the 2:00 p.m. submittal deadline on September 23, 2021. Utilizing
the evaluation criteria set forth in the RFP, all firms were evaluated and scored by an evaluation
committee comprised of Commission and Bechtel staff.
As a result of the evaluation committee’s assessment of the written proposals, the evaluation
committee recommends contract award to Tropical to provide monthly routine and on-call
landscape maintenance services for a five-year term, as this firm earned the highest total
evaluation score.
Below is a summary of the total price for the proposed monthly routine maintenance bids
submitted with the written proposals, and the total evaluation score rankings following the final
evaluation:
Firm Price Overall Ranking
Tropical Plaza Nursery Inc. $2,641,792 1
Mariposa Landscapes Inc. $2,608,348 2
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Agenda Item 6G
Although Tropical’s pricing for the routine maintenance services is slightly higher, Tropical
provided a superior approach and understanding to address the aesthetic and horticultural
health of the Commission’s landscape investment and demonstrated greater relevant
experience. As a result of readvertising for these services, the Commission will save 15 percent
per month for routine landscape services compared to the current monthly rate. The routine
maintenance services for the toll facility and all nine stations will be funded by toll revenues and
Measure A, respectively. Coronavirus Aid, Relief, and Economic Security (CARES) Act and Federal
Emergency Management Agency (FEMA) funds will be applied when available.
In addition to the routine monthly maintenance, the bid also includes hourly rates for on-call
landscape maintenance services. The recommended agreement authorization includes
$1,117,208 for on-call landscape maintenance services. This will provide about $223,000
annually for landscape rehabilitation and efficiency projects (drought tolerant plantings and
material, irrigation systems to reduce water usage, and other landscape improvements) following
the Commission’s FY 2021 Short Range Transit Plan Five-Year Station Improvement Plan and
funded by available state and federal grants. Task orders will be issued for these projects on an
as-needed basis and per the contracted rates provided in the proposal. This on-call task order
portion of the agreement does not guarantee work to the contractor.
The Commission’s model on-call professional services agreement will be entered into with the
contractor, pursuant to legal counsel review. Staff oversight of the contract and task orders will
maximize the effectiveness of the contractor and minimize costs to the Commission. Staff
recommends authorization for the Chair or Executive Director to finalize and execute the
agreement on behalf of the Commission and for the Executive Director, or designee, to execute
task orders awarded to the contractor under the terms of the agreement.
Financial Information
In Fiscal Year Budget: Yes
N/A Year: FY 2021/22
FY 2022/23+ Amount: $444,000
$3,315,000
Source of Funds:
2009 Measure A Western County Rail,
Toll Revenues, State of Good Repair,
Federal Transit Administration Section
5307 grant, CARES Act, and FEMA funds
Budget Adjustment: No
N/A
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Agenda Item 6G
GL/Project Accounting No.:
244001-73312-00000-0000 265-24-73301
244002-73312-00000-0000 265-24-73301
244003-73312-00000-0000 265-24-73301
244004-73312-00000-0000 265-24-73301
244006-73312-00000-0000 265-24-73301
244010-73312-00000-0000 265-24-73301
244020-73312-00000-0000 265-24-73301
244021-73312-00000-0000 265-24-73301
244022-73312-00000-0000 265-24-73301
244024-73312-00000-0000 265-24-73301
004011-90701-0XXXX-4XXX 265-33-90501
001599-73312-00000-0000 515-31-73301
009199-73312-00000-0000 591-31-73301
Fiscal Procedures Approved: Date: 10/15/2021
Attachment: Draft Agreement No. 22-24-007-00 with Tropical Plaza Nursery, Inc.
Approved by the Western Riverside County Programs and Projects Committee on
October 25, 2021
In Favor: 11 Abstain: 0 No: 0
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Agreement 22-24-007-00
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
ROUTINE AND ON-CALL
LANDSCAPE MAINTENANCE SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this ___ day of _______, _______ by and
between the Riverside County Transportation Commission (“Commission”) and Tropical Plaza
Nursery, Inc., a Corporation, with its principal place of business at 9642 Santiago Blvd., Villa
Park, CA 92861 (“Contractor”). Commission and Contractor are sometimes individually referred
to as “Party” and collectively as “Parties” in this Agreement.
2. RECITALS.
2.1 Commission is the Transportation Commission for the County of Riverside
and organized under the laws of the State of California with the power to contract for services
necessary to achieve its purpose.
2.2 Commission owns and operates nine (9) commuter rail stations, one transit
center, and one toll facility serving Riverside County, the addresses and descriptions of which are
set forth in Exhibit “A”, attached hereto and incorporated herein by reference (“Commuter Rail
Stations and Toll Facility”).
2.3 On or about August 12, 2021, Commission issued a Request for Proposals
No. 22-24-007-00 (“RFP”), pursuant to which Commission sought proposals from contractors to
provide routine and on-call landscape maintenance services for the Commuter Rail Stations and
Toll Facility.
2.4 Contractor desires to perform and assume responsibility for the provision of
certain routine and on-call landscape maintenance services required by Commission on the terms
and conditions set forth in this Agreement and, for the on-call portions of the services, in the task
order(s) to be issued pursuant to this Agreement and executed by the Commission and Contractor
("Task Order").
2.5 The work generally includes the complete landscape maintenance of the
Commuter Rail Stations and Toll Facility including, but not limited to, controlling plant, disease
and pests, irrigation material, maintaining and repairing irrigation systems, removing trash and
debris, and other maintenance required to maintain the Commuter Rail Stations and Toll Facility
in a safe attractive and useable condition. Contractor represents that it is a professional Contractor,
experienced in providing routine and on-call landscape maintenance services to public clients, and
is familiar with the plans of Commission.
1
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2.6 Commission desires to engage Contractor to render routine and on-call
landscape maintenance services for the Commuter Rail Stations and Toll Facility. Routine
landscape maintenance services shall be as set forth in Exhibit “A”, attached hereto and
incorporated herein by reference. On-call landscape maintenance services shall be ordered by
Task Order(s) to be issued pursuant to this Agreement for future projects as set forth herein. The
routine services set forth in Exhibit “A” and each individual project ordered under a Task Order
shall be referred to, herein, collectively, as the “Project”.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to
Commission all labor materials, tools, equipment, services, and incidental and customary work, as
necessary, to fully and adequately provide the routine landscape maintenance services for the
Commuter Rail Stations and Toll Facility as set forth in Exhibit “A” and any on-call landscape
maintenance services for the Commuter Rail Stations and Toll Facility required by Commission,
as shall be set forth in a Task Order, collectively referred to herein as the "Services". On-call
Services shall be more particularly described in the individual Task Orders issued by the
Commission’s Executive Director or designee. No on-call Services shall be performed unless
authorized by a fully executed Task Order. All Services shall be subject to, and performed in
accordance with this Agreement, the relevant Task Order, the exhibits attached hereto and
incorporated herein by reference, and all applicable local, state and federal laws, rules and
regulations.
3.1.2 Term. The term of this Agreement shall be from January 1, 2022 to
December 31, 2026, unless earlier terminated as provided herein. Contractor shall complete the
Services within the term of this Agreement, and shall meet any other established schedules and
deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if
necessary to complete the Services.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; 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
Agreement. Commission retains Contractor on an independent contractor basis and not as an
employee. Contractor 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 Contractor shall also not be employees of Commission and shall at all
times be under Contractor’s exclusive direction and control. Contractor shall pay all wages,
salaries, and other amounts due such personnel in connection with their performance of Services
under this Agreement and as required by law. Contractor shall be responsible for all reports and
obligations respecting such additional personnel, including, but not limited to: social security
taxes, income tax withholding, unemployment insurance, disability insurance, and workers’
compensation insurance.
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3.2.2 Schedule of Services. Contractor shall perform the routine landscape
maintenance Services expeditiously, within the term of this Agreement, and in accordance with
the schedule set forth in Exhibit “B” attached hereto and incorporated herein by reference.
Contractor shall perform any on-call Services in accordance with the schedule that shall be set
forth in the Task Order (collectively, "Schedule of Services"). Contractor shall be required to
commence work on a Task Order within five (5) days of receiving a fully executed Task
Order. Contractor represents that it has the professional and technical personnel required to
perform the Services in conformance with such conditions. In order to facilitate Contractor’s
conformance with each Schedule, the Commission shall respond to Contractor’s submittals in a
timely manner. Upon the Commission’s request, Contractor shall provide a more detailed schedule
of anticipated performance to meet the relevant Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Contractor shall be subject to the approval of Commission.
3.2.4 Commission’s Representative. The Commission hereby designates the
Executive Director or his or her designee, to act as its representative for the performance of this
Agreement (“Commission’s Representative”). Commission’s Representative shall have the power
to act on behalf of the Commission for all purposes under this Agreement. Contractor shall not
accept direction or orders from any person other than the Commission’s Representative or his or
her designee.
3.2.5 Contractor’s Representative. Contractor hereby designates Leslie T. Fields,
or his or her designee, to act as its representative for the performance of this Agreement
(“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent
and act on behalf of the Contractor for all purposes under this Agreement. 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 Agreement.
3.2.6 Coordination of Services. Contractor agrees to work closely with
Commission staff in the performance of Services and shall be available to Commission’s staff,
consultants and other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the State of
California. Contractor represents and maintains that it is skilled in the professional calling
necessary to perform the Services. Contractor warrants that all employees and subcontractors shall
have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor
represents that it, 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. As provided
for in the indemnification provisions of this Agreement, Contractor 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 Contractor’s failure to comply with the standard of
care provided for herein. Any employee of the Contractor or its sub-contractors who is determined
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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 Contractor and shall not be re-employed to perform any of the Services or
to work on the Project.
3.2.8 Period of Performance. Contractor shall perform and complete all Services
under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).
Contractor shall perform the Services in strict accordance with any completion schedule or Project
milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately
in writing to the Contractor. Contractor agrees that if the Services are not completed within the
aforementioned Performance Time and/or pursuant to any such completion schedule or Project
milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged
and agreed that the Commission will suffer damage.
3.2.9 Disputes. Should any dispute arise respecting the true value of any work
done, of any work omitted, or of any extra work which Contractor may be required to do, or
respecting the size of any payment to Contractor during the performance of this Contract,
Contractor shall continue to perform the Work while said dispute is decided by the Commission.
If Contractor disputes the Commission’s decision, Contractor shall have such remedies as may be
provided by law.
3.2.10 Laws and Regulations; Employee/Labor Certifications. 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 Project or the Services, including all
Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for
all violations of such laws and regulations in connection with Services. If the Contractor performs
any work knowing it to be contrary to such laws, rules and regulations and without giving written
notice to the Commission, Contractor shall be solely responsible for all costs arising therefrom.
Commission is a public entity of the State of California subject to, among other rules and
regulations, the Public Utilities Code, Public Contract Code, and Labor Code of the State. It is
stipulated and agreed that all provisions of the law applicable to the public contracts of a county
transportation commissions are a part of this Agreement to the same extent as though set forth
herein and will be complied with. These include but are not limited to the payment of prevailing
wages, the stipulation that eight (8) hours' labor shall constitute a legal day's work and that no
worker shall be permitted to work in excess of eight (8) hours during any one calendar day except
as permitted by law. Contractor shall defend, indemnify and hold Commission, its officials,
officers, employees and agents free and harmless, pursuant to the indemnification provisions of
this Agreement, from any claim or liability arising out of any failure or alleged failure to comply
with such laws, rules or regulations.
3.2.10.1 Employment Eligibility; Contractor. By executing this
Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state
and federal law respecting the employment of undocumented aliens, including, but not limited to,
the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such
requirements and restrictions include, but are not limited to, examination and retention of
documentation confirming the identity and immigration status of each employee of the Contractor.
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Contractor also verifies that it has not committed a violation of any such law within the five (5)
years immediately preceding the date of execution of this Agreement, and shall not violate any
such law at any time during the term of the Agreement. Contractor shall avoid any violation of
any such law during the term of this Agreement by participating in an electronic verification of
work authorization program operated by the United States Department of Homeland Security, by
participating in an equivalent federal work authorization program operated by the United States
Department of Homeland Security to verify information of newly hired employees, or by some
other legally acceptable method. Contractor shall maintain records of each such verification, and
shall make them available to the Commission or its representatives for inspection and copy at any
time during normal business hours. The Commission shall not be responsible for any costs or
expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.10
or any of its sub-sections.
3.2.10.2 Employment Eligibility; Subcontractors, Sub-
subcontractors and consultants. To the same extent and under the same conditions as Contractor,
Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing
any work relating to the Project or this Agreement to make the same verifications and comply with
all requirements and restrictions provided for in Section 3.2.10.1.
3.2.10.3 Employment Eligibility; Failure to Comply. Each person
executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer
of Contractor, and understands that any of the following shall be grounds for the Commission to
terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub-
subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or
3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such
requirements (including in those verifications provided to the Contractor under Section 3.2.10.2);
or (3) failure to immediately remove from the Project any person found not to be in compliance
with such requirements.
3.2.10.4 Labor Certification. By its signature hereunder, Contractor
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.
3.2.10.5 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, handicap,
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. Contractor shall also comply with all relevant provisions of
Commission’s Disadvantaged Business Enterprise program, Affirmative Action Plan or other
related programs or guidelines currently in effect or hereinafter enacted.
3.2.10.6 Air Quality. Contractor must fully comply with
all applicable laws, rules and regulations in furnishing or using equipment and/or providing
services, including, but not limited to, emissions limits and permitting requirements imposed by
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the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB
limits and requirements’ application to "portable equipment", which definition is considered by
CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify
Commission against any fines or penalties imposed by CARB or any other governmental or
regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its
subcontractors, or others for whom Contractor is responsible under its indemnity obligations
provided for in this Agreement.
3.2.10.7 Water Quality.
(A) Management and Compliance. To the extent applicable,
Contractor’s Services must account for, and fully comply with, all local, state and federal laws,
rules and regulations that may impact water quality compliance, including, without limitation, all
applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the
California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws,
rules and regulations of the Environmental Protection Agency and the State Water Resources
Control Board; the Commission’s rules regarding discharges of storm water; and any and all
regulations, policies, or permits issued pursuant to any such authority regulating the discharge of
pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or
surface water in the State.
(B) Liability for Non-Compliance. Failure to comply with the
laws, regulations and policies described in this Section is a violation of law that may subject
Contractor or Commission to penalties, fines, or additional regulatory requirements. Contractor
shall defend, indemnify and hold the Commission, its officials, officers, employees, volunteers
and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from
and against any and all fines, penalties, claims or other regulatory requirements imposed as a result
of Contractor’s non-compliance with the laws, regulations and policies described in this Section,
unless such non-compliance is the result of the sole established negligence, willful misconduct or
active negligence of the Commission, its officials, officers, agents, employees or authorized
volunteers.
(C) Training. In addition to any other standard of care
requirements set forth in this Agreement, Contractor warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to them
without impacting water quality in violation of the laws, regulations and policies described in this
Section. Contractor further warrants that it, its employees and subcontractors will receive adequate
training, as determined by Commission, regarding the requirements of the laws, regulations and
policies described in this Section as they may relate to the Services provided under this Agreement.
Upon request, Commission will provide Contractor with a list of training programs that meet the
requirements of this paragraph.
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3.2.11 Insurance.
3.2.11.1 Time for Compliance. Contractor shall not commence work
under this Agreement until it has provided evidence satisfactory to the Commission that it has
secured all insurance required under this section, in a form and with insurance companies
acceptable to the Commission. In addition, Contractor shall not allow any subcontractor to
commence work on any subcontract until it has secured all insurance required under this section.
3.2.11.2 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: (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; (2)
Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) if
Contractor has an employees, Workers’ Compensation and Employer’s Liability: Workers’
Compensation limits as required by the Labor Code of the State of California. Employer’s
Practices Liability limits of $1,000,000 per accident.
3.2.11.3 Insurance Endorsements. The insurance policies shall
contain the following provisions, or Contractor shall provide endorsements on forms approved by
the Commission to add the following provisions to the insurance policies:
(A) General Liability.
(i) Commercial General Liability Insurance must
include coverage for (1) bodily Injury and property damage; (2) personal Injury/advertising Injury;
(3) premises/operations liability; (4) products/completed operations liability; (5) aggregate limits
that apply per Project; (6) explosion, collapse and underground (UCX) exclusion deleted; (7)
contractual liability with respect to this Agreement; (8) broad form property damage; and (9)
independent contractors coverage.
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(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
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, its 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 the Commission, its 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 the Commission,
its 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.
(ii) The insurer shall agree to waive all rights of
subrogation against the Commission, its directors, officials, officers, employees and agents for
losses paid under the terms of the insurance policy which arise from work performed by the
Contractor.
(D) All Coverages.
(i) Defense costs shall be payable in addition to the
limits set forth hereunder.
(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
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minimum insurance coverage requirements and/or limits set forth herein shall be available to the
Commission, its directors, officials, officers, employees and agents as additional insureds under
said policies. Furthermore, the requirements for coverage and limits shall be (1) the minimum
coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits
of coverage of any insurance policy or proceeds available to the named insured; whichever is
greater.
(iii) The limits of insurance required in this Agreement
may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or
excess insurance shall contain or be endorsed to contain a provision that such coverage shall also
apply on a primary and non-contributory basis for the benefit of the Commission (if agreed to in a
written contract or agreement) before the Commission’s own insurance or self-insurance shall be
called upon to protect it as a named insured. The umbrella/excess policy shall be provided on a
“following form” basis with coverage at least as broad as provided on the underlying policy(ies).
(iv) Contractor shall provide the Commission at least
thirty (30) days prior written notice of cancellation of any policy required by this Agreement,
except that the Contractor shall provide at least ten (10) days prior written notice of cancellation
of any such policy due to non-payment of premium. If any of the required coverage is cancelled
or expires during the term of this Agreement, the Contractor shall deliver renewal certificate(s)
including the General Liability Additional Insured Endorsement to the Commission at least ten
(10) days prior to the effective date of cancellation or expiration.
(v) The retroactive date (if any) of each policy is to be
no later than the effective date of this Agreement. Contractor shall maintain such coverage
continuously for a period of at least three years after the completion of the work under this
Agreement. Contractor shall purchase a one (1) year extended reporting period A) if the retroactive
date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not
renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date
subsequent to the effective date of this Agreement.
(vi) The foregoing requirements as to the types and limits
of insurance coverage to be maintained by Contractor, and any approval of said insurance by the
Commission, is not intended to and shall not in any manner limit or qualify the liabilities and
obligations otherwise assumed by the Contractor pursuant to this Agreement, including but not
limited to, the provisions concerning indemnification.
(vii) If at any time during the life of the Agreement, any
policy of insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, Commission has the right but not the duty to obtain the insurance it
deems necessary and any premium paid by Commission will be promptly reimbursed by
Contractor or Commission will withhold amounts sufficient to pay premium from Contractor
payments. In the alternative, Commission may cancel this Agreement. The Commission may
require the Contractor to provide complete copies of all insurance policies in effect for the duration
of the Project.
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(viii) Neither the Commission nor any of its directors,
officials, officers, employees or agents shall be personally responsible for any liability arising
under or by virtue of this Agreement.
Each insurance policy required by this Agreement shall be
endorsed to state that:
3.2.11.4 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, Contractor 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 Contractor shall procure a bond guaranteeing payment of losses
and related investigation costs, claims and administrative and defense expenses.
3.2.11.5 Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California,
and satisfactory to the Commission.
3.2.11.6 Verification of Coverage. Contractor shall furnish
Commission with original certificates of insurance and endorsements effecting coverage required
by this Agreement on forms satisfactory to the Commission. The certificates and endorsements
for each insurance policy shall be signed by a person authorized by that insurer to bind coverage
on its behalf. All certificates and endorsements must be received and approved by the Commission
before work commences. The Commission reserves the right to require complete, certified copies
of all required insurance policies, at any time.
3.2.11.7 Subcontractor Insurance Requirements. Contractor shall not allow
any subcontractors or subcontractors 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 subcontractors 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 Contractor, the Commission may approve different scopes or minimum limits of
insurance for particular subcontractors or subcontractors.
3.2.12 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
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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.
3.2.13 Accounting Records. Contractor shall maintain complete and accurate
records with respect to all costs and expenses incurred under this Agreement. All such records
shall be clearly identifiable. Contractor shall allow a representative of Commission during normal
business hours to examine, audit, and make transcripts or copies of such records and any other
documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement for a period of three (3) years
from the date of final payment under this Agreement.
3.3 Fees and Payments; Labor Code Requirements.
3.3.1 Compensation. Contractor 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 total compensation to be
provided under this Agreement, including all Task Orders issued pursuant to this Agreement shall
not exceed Three Million Seven Hundred Fifty-Nine Thousand Dollars ($3,759,000). The total
compensation per Task Order shall be set forth in the relevant Task Order, and shall not exceed
said amount without the written approval of the Commissioner’s Executive Director. Extra Work
may be authorized, as described below, and if authorized, will be compensated at the rates and
manner set forth in this Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to Commission a
monthly itemized statement which indicates work completed and hours of Services rendered by
Contractor. The statement shall describe the amount of Services and supplies provided since the
initial commencement date, or since the start of the subsequent billing periods, as appropriate,
through the date of the statement. Commission shall, within 45 days of receiving such statement,
review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any
expenses unless authorized in writing by Commission.
3.3.4 Extra Work. At any time during the term of this Agreement, Commission
may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work
which is determined by Commission to be necessary for the proper completion of the Project, but
which the parties did not reasonably anticipate would be necessary at the execution of this
Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written
authorization from Commission’s Representative.
3.3.5 Prevailing Wages. Contractor is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing
wage rates and the performance of other requirements on “public works” and “maintenance”
projects. Since the Services are being performed as part of an applicable “public works” or
“maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is
$15,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws.
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Commission shall provide Contractor with a copy of the prevailing rates of per diem wages in
effect at the commencement of this Agreement. Contractor 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 Contractor’s
principal place of business and at the project site. Contractor shall defend, indemnify and hold the
Commission, its officials, officers, employees and agents free and harmless from any claim or
liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.3.6 Payroll Records. In accordance with the requirements of California Labor
Code Section 1776, Contractor shall keep accurate payroll records which are either on forms
provided by the Division of Labor Standards Enforcement or which contain the same information
required by such forms. Responsibility for compliance with California Labor Code Section 1776
shall rest solely with Contractor, and Contractor shall make all such records available for
inspection at all reasonable hours.
3.3.7 Registration. Since the Services are being performed as part of an
applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5
and 1771.1, the Contractor and all subcontractors must be registered with the Department of
Industrial Relations. Contractor shall maintain registration for the duration of the Project and
require the same of any subcontractor. This Project may also be subject to compliance monitoring
and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole
responsibility to comply with all applicable registration and labor compliance requirements.
3.3.8 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, Contractor 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
Contractor or any sub-contractor for the employment and training of apprentices. Upon issuance
of this certificate, Contractor and any sub-contractor 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 Contractor.
3.3.9 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
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than one and one-half the basic rate for all hours worked in excess of eight hours per day ("Eight-
Hour Law"), unless Contractor or the Services are not subject to the Eight-Hour Law. Contractor
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-contractor 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.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. Commission may, by written notice to
Contractor, terminate the whole or any part of this Agreement at any time and without cause by
giving written notice to Contractor of such termination, and specifying the effective date thereof,
at least seven (7) days before the effective date of such termination. Upon termination, Contractor
shall be compensated only for those services which have been adequately rendered to Commission,
and Contractor shall be entitled to no further compensation. Contractor may not terminate this
Agreement except for cause.
3.4.2 Effect of Termination. If this Agreement is terminated as provided herein,
Commission may require Contractor to provide all finished or unfinished Documents and Data and
other information of any kind prepared by Contractor in connection with the performance of
Services under this Agreement. Contractor shall be required to provide such document and other
information within fifteen (15) days of the request.
3.4.3 Additional Services. In the event this Agreement is terminated in whole or
in part as provided herein, Commission may procure, upon such terms and in such manner as it
may determine appropriate, services similar to those terminated.
3.5 General Provisions.
3.5.1 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
CONSULTANT: COMMISSION:
Tropical Plaza Nursery, Inc. Riverside County
9642 Santiago Blvd Transportation Commission
Villa Park, CA 92861 4080 Lemon Street, 3rd Floor
Riverside, CA 92501
Attn: Leslie T. Fields 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.
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3.5.2 Indemnification.
3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold the Commission, its officials, officers, employees,
volunteers and agents free and harmless from any and all claims, demands, causes of action, costs,
expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons,
including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged
acts, errors or omissions of Contractor, its officials, officers, employees, subcontractors,
contractors or agents in connection with the performance of the Services, the Project, this
Agreement or any Task Order, including without limitation the payment of all consequential
damages, expert witness fees and attorneys’ fees and other related costs and expenses.
Notwithstanding the foregoing, to the extent Contractor'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 Contractor.
3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with
Counsel of Commission's choosing and at Contractor’s own cost, expense and risk, any and all
claims, suits, actions or other proceedings of every kind covered by Section 3.5.2.1 that may be
brought or instituted against Commission or its officials, officers, employees, volunteers and
agents. Contractor shall pay and satisfy any judgment, award or decree that may be rendered
against Commission or its officials, officers, employees, volunteers and agents as part of any such
claim, suit, action or other proceeding. Contractor shall also reimburse Commission for the cost
of any settlement paid by Commission or its officials, officers, employees, agents or volunteers as
part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment
for Commission’s attorneys’ fees and costs, including expert witness fees. Contractor shall
reimburse Commission and its officials, officers, employees, agents, and/or 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 survive expiration or
termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received
by the Commission, its officials officers, employees, agents, or volunteers.
3.5.3 Governing Law; Government Code Claim Compliance. This Agreement
shall be governed by the laws of the State of California. Venue shall be in Riverside County. In
addition to any and all contract requirements pertaining to notices of and requests for compensation
or payment for extra work, disputed work, claims and/or changed conditions, Contractor must
comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing
any lawsuit against the Commission. Such Government Code claims and any subsequent lawsuit
based upon the Government Code claims shall be limited to those matters that remain unresolved
after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions
have been followed by Contractor. If no such Government Code claim is submitted, or if any
prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor
shall be barred from bringing and maintaining a valid lawsuit against the Commission.
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3.5.4 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.5.5 Commission’s Right to Employ Other Contractors. Commission reserves
right to employ other contractors in connection with this Project.
3.5.6 Successors and Assigns. This Agreement shall be binding on the successors
and assigns of the parties.
3.5.7 Assignment or Transfer. Contractor 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. Subcontracts, if any, shall contain a provision making them
subject to all provisions stipulated in this Agreement.
3.5.8 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any term
referencing time, days or period for performance shall be deemed calendar days and not work days.
All references to Contractor include all personnel, employees, agents, and subcontractors of
Contractor, except as otherwise specified in this Agreement. All references to Commission include
its officials, officers, employees, agents, and volunteers except as otherwise specified in this
Agreement. The captions of the various articles and paragraphs are for convenience and ease of
reference only, and do not define, limit, augment, or describe the scope, content or intent of this
Agreement.
3.5.9 Amendment; Modification. No supplement, modification or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel or otherwise.
3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for
in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed
by the Parties.
3.5.12 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.
3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration
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contingent upon or resulting from the award or making of this Agreement. Contractor further
agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic
Interest with the Commission’s Filing Officer as required under state law in the performance of
the Services. For breach or violation of this warranty, Commission shall have the right to rescind
this Agreement without liability. For the term of this Agreement, no member, officer or employee
of Commission, during the term of his or her service with Commission, shall have any direct
interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.5.15 Authority to Enter Agreement. Contractor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.5.16 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by both
parties.
3.5.18 Federal Provisions. Funding for the Services is provided, in whole or in
part, by the Federal Transportation Administration (“FTA”). Contractor shall also fully and
adequately comply with the provisions included in Exhibit “D” (Federal Requirements) attached
hereto and incorporated herein by reference (“Federal Requirements”). With respect to any
conflict between such Federal Requirements and the terms of this Agreement and/or the provisions
of state law, the more stringent requirement shall control.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE FOR ROUTINE AND ON-CALL LANDSCAPE MAINTENANCE
SERVICES AGREEMENT
BETWEEN THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AND TROPICAL PLAZA NURSERY, INC.
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first
set forth above.
RIVERSIDE COUNTY
TRANSPORTATION COMMISSION
Anne Mayer
Executive Director
Approved as to form:
Best Best & Krieger LLP
General Counsel
CONTRACTOR
Signature
Name
Title
ATTEST:
Signature
Name
Title
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 referenced persons are not the intended signators, evidence of signature authority shall
be provided to RCTC.
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17336.00600\29268990.1
EXHIBIT “A”
SCOPE OF SERVICES
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EXHIBIT A - 1
SCOPE OF SERVICES
I. BACKGROUND
A. Introduction
The Contractor shall provide at his own risk and cost all labor, materials, tools,
equipment, transportation, hauling, dumping, fertilizers, insecticides, chemicals and
incidentals necessary to perform landscape maintenance work as directed herein.
The Contractor shall provide complete landscape maintenance to the below listed
Commission owned properties. The landscape maintenance work shall also include
controlling plant, weed abatement, disease and pests, irrigation material, maintaining
and repairing irrigation systems; removing trash and debris; and other maintenance
required to maintain the work sites in a safe attractive and useable condition. The
Contractor shall maintain all plant material in a safe, attractive and useable
condition.
B. Locations
Location In Service Date Size
Riverside Downtown
4066 Vine Street, Riverside
Pedley/Jurupa Valley
6001 Pedley Road, Jurupa Valley
June 1993 26.5 acres
June 1993 4.5 acres
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Location In Service Date Size
La Sierra
10901 Indiana Avenue, Riverside
West Corona
155 South Auto Center Drive, Corona
North Main Corona
250 East Blaine Street, Corona
Perris‐Downtown
121 South C Street, Perris
Riverside ‐Hunter Park/UCR
1101 Marlborough Avenue, Riverside
June 2016 (bus transit
center opened 2010)
5.5 acres
June 2016 9.35 acres
October 1995 24.69 acres
October 1995 5.49 acres
November 2002 6.72 acres
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Location In Service Date Size
Moreno Valley/March Field
14160 Meridian Parkway, Riverside
Perris‐South
1304 Case Road, Perris
Riverside Downtown Operations Control Center
4344 Vine Street, Riverside
June 2016 14.47 acres
June 2016 40.57 acres
April 2016 3,000 square feet
La Sierra
1091B Indiana Avenue, Riverside
Facility and Maintenance FAM
120 N Joy, Corona, CA 92879
February 2018 5 acres
1 acre
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C. General Description of Work
The maintenance shall include, but not be limited to, the following:
• Pruning shrubbery;
• Mowing and trimming;
• Shaping and training of trees;
• Tree pruning;
• Shrubs and ground cover - Maintenance and Replacement of dead/dying
plants;
• Removing and controlling weeds;
• Controlling plant diseases and pests;
• Irrigation materials;
• Maintaining and repairing irrigation systems;
• Removing trash and debris from planter areas and parking lot;
• Placement and maintenance of Mulch and weed barrier;
• Rodent Control;
• Miscellaneous light construction in landscaping areas (sawcuts, concrete,
removal and/or installation of signage/fencing/railings);
• Other maintenance required to maintain the work sites in a safe, attractive
and useable condition;
• Trash and debris disposal/hauling away.
The Contractor shall maintain all plant material in good condition within accepted
horticultural standards for growth, color, and appearance. A detail description of the
maintenance required is included in the following pages.
II. SCHEDULING OF WORK
A. The Contractor shall accomplish all routine landscape maintenance required under
this Agreement between the hours of 6:00 a.m. and 6:00 p.m. Monday through
Friday. The Facilities Administrator may grant, on an individual basis, permission to
perform maintenance at other hours. No maintenance functions that generate
excess noise, which would cause annoyance to residents of any area, shall be
commenced before 8:00 a.m. The Contractor shall establish a schedule of routine
work to be followed in the performance of this Agreement. A copy of this schedule
shall be provided to and approved by the Commission prior to the performance of
any work required by these specifications, and any changes in scheduling shall be
reported in writing, to the Facilities Administrator.
B. The Contractor shall conduct the work at all times in a manner so as not to interfere
with pedestrian traffic on adjacent sidewalks or vehicular traffic on adjacent streets.
In addition, a special notification listing exact starting dates for renovation, pruning
and other infrequent operations shall be furnished to the Facilities Administrator at
least five (5) working days in advance of performing these activities.
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C. Contractor shall notify the onsite station security when they arrive at the site to start
work and when they finish work.
D. Contractor's Maintenance Supervisor shall meet once a month with the Facilities
Administrator or his/her designated representative to discuss the maintenance
activities, contract status, condition of the Stations, reoccurring maintenance
problems, problem areas, recommendations to minimize maintenance activities,
recommendations to reduce water usage, project costs, and schedule.
E. The Contractor shall provide, on an annual basis, a written schedule detailing the
fertilization periods and dates as required by the routine maintenance for ground
cover, shrub and tree care. Routine Maintenance Sections A, B, and C of this
Scope.
III. WORK FORCE
A. The Contractor is expected to improve upon the appearance of the landscaped
areas.
B. The Contractor shall insure that all work is supervised by Contractor employed
supervisory personnel who are technically qualified and possess management skills.
The supervisory personnel must be able to communicate clearly with the Facilities
Administrator and field staff. The supervisory personnel, who are listed by the
Contractor to accompany the field crews on a regular basis, are expected to perform
the necessary management duties along with various landscape maintenance
activities.
C. The Contractor shall identify an irrigation specialist who will be responsible for
identifying and making the necessary irrigation repairs. The individual proposed shall
be listed by their Prevailing Wage Rate Labor Classification.
D. The Contractor shall insure that all work is performed by fully qualified, experienced
personnel, directly employed by the Contractor.
E. The Contractor shall be responsible for the skills, methods, appearance and action
of Contractor's uniformed employees and for all work done. The Contractor's
employees shall be U.S. Citizens or legal residents.
F. The Contractor shall perform the work provided for in this Agreement under the
direction of the Facilities Administrator or his/her designated representative. The
Facilities Administrator or his/her representative may make inspections at any time
and may request that the Contractor perform additional work or services to bring
Contractor's performance to the level required by the Agreement.
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G. The Contractor shall correct discrepancies and deficiencies in the work as soon as
practical after being notified by the Facilities Administrator, and in accordance with
the terms and requirements of the Agreement.
H. Two (2) three-member mow crews.
I. One (1) full time qualified irrigation specialist that can alternatively function as a mow
crew member.
IV. MATERIALS
A. The Contractor shall submit a list to the Facilities Administrator of all materials that
the Contractor proposes to use in the execution of the Services including a Safety
Data Sheet (SDS). The list shall include the chemical analysis, recommended usage
and any other pertinent data by the manufacturer of the material. The Facilities
Administrator before use of any product shall approve such list. Contractor shall
provide records of all chemical applications and active ingredients used at all
locations.
B. The following shall apply to the material indicated:
1. Fertilizers shall be complete, furnishing the required percentage of nitrogen,
phosphoric acid and potash to keep lawns, trees, shrubs and other plants in a
healthy and vigorous growing condition.
2. Insecticides, fungicides, herbicides and rodenticides shall be of the best quality
obtainable, properly labeled with guaranteed analysis, and brought to the job site
in the manufacture's original container. Contractor shall comply and follow all
label instructions of each chemical.
3. Tree stakes, tree ties and guy wires shall be of materials matching those existing
in the work site or as specified by the Facilities Administrator.
4. Replacement trees, shrubs, ground cover and other plants shall be of a size,
condition and variety specified by the Facilities Administrator.
5. Prior to planting the Facilities Administrator shall review and approve
replacement plant materials.
V. ROUTINE MAINTENANCE
All routine maintenance shall be performed to the satisfaction of the Facilities
Administrator. Routine maintenance shall include but not be limited to the following
services.
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A. GROUND COVER CARE
1. Edging and detailing
a. Ground cover beds shall be maintained within their intended bounds, and
edged or detailed every two (2) weeks.
b. Ground cover shall not be permitted to encroach into lawns, shrubs, adjacent
desirable bare areas, wall fixtures, furniture, etc. All sites shall be cleaned
following each edging/detailing, including streets (when applicable).
2. Fertilization
All ground cover beds shall be fertilized using a complete or approved fertilizer
(such as, 16-6-8 Turf Supreme) four (4) times per year. The rate of application
shall be two (2) pounds of actual nitrogen per 1,000 square feet. The Facilities
Administrator may request proof of application in the form of empty fertilizer bags
at any time.
3. Renovation
All ground cover beds shall be thinned and pruned for the health of the planting
and the appearance of the site, and at such other times when directed by the
Facilities Administrator.
4. Cultivation or Mulch
All bare soil or open areas shall be covered by a minimum of two (2) inches of
mulch. Areas around plants shall be cultivated every two (2) weeks.
5. Replanting
The Contractor shall be responsible for the complete removal and replacement of
ground cover, at Contractor’s own expense, for any ground cover requiring
replacement through normal attrition or due to infestation or to negligence
resulting from Contractor’s failure to provide maintenance in accordance with the
provisions of this agreement.
6. Watering
All ground cover shall be properly irrigated to maintain a healthy condition as
determined by Facilities Administrator.
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B. SHRUB CARE
All shrubs growing in the work areas shall be pruned as required, to maintain
plants in a healthy growing condition and to maintain plant growth within
reasonable bounds to prevent encroachment of passageways, walks, streets,
view of signs or in any manner deemed objectionable by the Facilities
Administrator. Dead or damaged limbs or branches shall be made clean with
sharp pruning tools with no projections or stubs remaining. Pruning shall be
done in a manner to permit plants to grow naturally in accordance with their
normal growth characteristics except box hedging may be required on some
shrubs, as designated by the Facilities Administrator. Shear hedging or severe
pruning of plants, unless authorized by the Facilities Administrator, shall not be
permitted. Should the Contractor shear hedge or severely prune plants and
disfigure or damage the plants, the Contractor shall be responsible to replace
those plants with like kind and size as determined by the Facilities Administrator.
1. Fertilization
All shrubs shall be fertilized using a complete or approved fertilizer (such as, 16,
6, and 8) four (4) times per year. The rate of application shall be two (2) pounds
of actual nitrogen per 1,000 square feet.
2. Watering
All shrubs shall be properly irrigated to maintain a healthy condition.
3. Replanting
The Contractor shall be responsible for the complete removal and replacement of
shrubs, at Contractor’s own expense, for any shrubs requiring replacement
through normal attrition or due to infestation or to negligence resulting from
Contractor’s failure to provide maintenance in accordance with the provisions of
this agreement.
C. TREE CARE
All trees located on the station grounds are included in routine maintenance and
are part of this Agreement.
1. Pruning
a. All trees within the scope of work shall be maintained to keep the natural
integrity and shapes of the trees. This work shall be accomplished in a
manner, which will ensure that each individual tree is pruned.
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b. Regarding Rail Stations all trees should be pruned clear of the Rail right-of-
way.
c. The Contractor shall remove or prevent encroachment where it blocks vision,
CCTV camera view or is considered undesirable by the Facilities
Administrator. Low branches overhanging sidewalks, driveway lanes and
parking areas shall be removed to a height of nine (9) feet above grade.
Young trees needing pruning, training, and shaping to develop caliper and a
strong structural framework shall allow low branching laterals and or
appropriate sucker growth to remain on a continuing basis as needed
according to the Facilities Administrator.
d. Provide palm tree trimming in rail stations on an annual basis.
2. Staking, Tying and Guying
All trees requiring staking shall be securely staked at all times with approved
stakes and rubber cinch ties. Rubber hoses and wire will not be permitted. All
stakes shall be set perpendicular to prevailing winds unless designated otherwise
by the Facilities Administrator. Tree stakes shall also be set a consistent
distance away from the trunk of the tree (minimum six (6) inches) to reduce
abrasion and cell elongation. The tops of all tree stakes shall be removed
approximately three (3) inches above the highest tie to reduce abrasion of main
or lateral branches of the tree.
3. Fertilization
All trees shall be fertilized using a complete or approved fertilizer a minimum of
one (1) time per year.
4. Watering
All trees shall be properly irrigated to maintain a healthy condition as determined
by the Facilities Administrator.
5. Safety Hazard
The Contractor shall bring to the attention of the Facilities Administrator within
twenty-four (24) hours any tree displaying, root heaving or girdling (either by
roots or a foreign material), leaning, broken or hanging limbs, or any other reason
posing a potential safety hazard.
6. Replanting
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The Contractor shall be responsible for the complete removal and replacement of
any and all trees as necessary, as determined by the Facilities Administrator,
including but not limited to, girdling trees with string trimmers or tree ties,
improper planting of new trees, improper pruning techniques which disfigure or
destroy the trees’ natural integrity and shape, or failure to detect and prevent
treatable diseases and insect infestations. Replacement shall be made by the
Contractor in the kind and size of trees determined by the Facilities
Administrator.
D. WEEDS, DISEASE AND PEST CONTROL
1. Weed Control
All areas, including landscaped and hardscape, within the specified scope of
work (including, but not limited to, shrub and ground cover, planters, tree wells,
ornamental bark or rock areas, asphalt or concrete areas) shall be kept free of
weeds at all times. The complete removal of all weed growth shall be
accomplished on a continuing basis. Weeds shall be controlled by hand, weed
barrier, and approved chemical methods. Weeds shall be hauled away.
2. Disease and Pest Control
a. The Contractor shall regularly inspect all landscaped areas for presence of
disease, insect or rodent infestation. The Contractor shall advise the
Facilities Administrator within four (4) days after detection of disease, insect
or rodent infestation, and the action to be taken. Upon approval of the
Facilities Administrator, the Contractor shall implement approved control
measures, following all federal, state, county, and municipal laws, regulations
and ordinances required for the approved work.
b. Approved control measures shall be continued until the disease, insect or
rodent is controlled to the satisfaction of the Facilities Administrator. The
Contractor shall utilize all safeguards necessary during disease, insect or
rodent control operations to ensure safety of the public and the employees of
the Contractor.
E. GENERAL MAINTENANCE AND CLEAN-UP
1. The Contractor shall collect all clippings, trimmings, cuttings, rubbish and debris
at all work sites and dispose of same in a lawful manner at the Contractor’s
expense.
2. All trash and debris shall be removed from all work sites as work is being
performed.
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3. The Contractor shall rake, hand remove, or vacuum leaves that are not absorbed
by planting. This shall be done as often as required to maintain a neat
appearance, or prevent plants from being smothered by seasonal leaf drop.
4. After heavy windstorms, the entire area shall be cleaned of litter, fallen branches,
etc., which are in excess of normal amounts.
5. The Contractor shall keep sidewalks and paved areas in the medians swept and
cleaned of any dirt or soil that might be washed from adjacent slopes or planted
areas.
6. The Contractor shall provide limited construction services necessary to fully
perform necessary landscape related work (sawcuts, concrete, signage, railings,
etc.)
7. The Contractor shall provide limited design oversight and consultation services
as needed and subject to assent by the contractor.
8. The Contractor shall update all as-built drawing and electronic files at least
annually to reflect all new and relocated landscape-related facilities.
9. The Contractor shall remove all leaves that have fallen and or accumulated in the
parking lot curb corners and in the parking lot drain inlets.
F. OTHER REQUIREMENTS
1. Replacement of Plant Material
a. The Contractor shall notify the Facilities Administrator within five (5) business
days of the loss of plant material due to any cause.
b. The Contractor shall remove shrub or ground cover, which is damaged or lost
due to any cause at no cost.
c. The Contractor shall replace, at Contractor’s own expense, any ground cover,
trees, shrubs, or other plant material requiring replacement through normal
attrition or due to infestation or to negligence resulting from Contractor’s
failure to provide maintenance in accordance with the provisions of this
agreement. The size and species of replacement shrubs or ground cover
plants shall be consistent with the original landscape plan. The Facilities
Administrator shall approve any exceptions.
d. It is the intention of the Facilities Administrator to require a high level of
quality in landscape maintenance compatible with standard practice.
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e. In order to ensure maximum healthy growth and overall aesthetic appearance
of planting in the work area, it may be desirable to replace certain plants. The
Facilities Administrator shall determine the necessity or desirability of such
plant replacement.
2. Inspection
The Facilities Administrator or his or her designee shall inspect the work area to
ensure adequacy of maintenance and that methods of performing the work are in
compliance with the contract. However, this shall not be construed to relieve the
Contractor of the duty to provide continuous inspection of the work area. The
Contractor shall correct discrepancies and deficiencies in the work immediately
as determined by the Facilities Administrator.
Contractor shall work with the Facilities Administrator to develop an Inspection
Checklist that will be used by the Facilities Administrator to document
conformance or non-conformance of the Contractors work. This checklist will be
provided to the Contractor to identify areas requiring corrective action.
3. Emergency Service
Twenty-four (24) hours per day, seven (7) days per week, the Contractor shall be
able to receive and respond to the Facilities Administrator or his or her
designee’s call for emergency service. Response time shall be less than two (2)
hours to remove or eliminate a public safety hazard. Contractor shall provide the
Facilities Administrator with a local telephone number where Contractor can be
contacted twenty-our (24) hours per day, seven (7) days per week.
4. New maintenance Areas
Additional routine maintenance may be required as set forth in the contract.
Payment for add-on maintenance shall be based on the square footage of added
area.
G. IRRIGATION SYSTEM MAINTENANCE
1. General Responsibilities
a. Irrigation shall be done by the use of automatic sprinkler systems where
available and operable; however, failure of the existing irrigation system to
provide full and proper coverage shall not relieve the Contractor of the
responsibility to provide adequate irrigation with full and proper coverage to
all areas in the work site.
b. Newly planted-trees, shrubs, and ground cover shall receive special attention
until these plants are established. Adequate water shall be applied to
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promote normal healthy growth. Proper berms or basins shall be maintained
during the establishment period.
c. Any damages to public or private property resulting from excessive irrigation
water or irrigation water runoff shall be charged against the Contractor’s
payment unless immediate repairs are made by the Contractor to the
satisfaction of the Facilities Administrator.
d. The Contractor shall make whatever adjustments necessary to prevent
excessive overspray/runoff into street right-of-ways or other areas not
intended to receive irrigation. If overspray/runoff cannot be controlled by
adjustments to the sprinklers, the contractor shall notify the Facilities
Administrator and recommend a replacement sprinkler which will reduce or
eliminate the overspray/runoff. The Contractor shall replace the sprinkler at
the direction of the Facilities Administrator.
2. Operation of Automatic Irrigation Controllers
Where the operation of automatic irrigation controllers is required, the Contractor
shall:
a. Not duplicate any code key furnished for access and operation of the
controller.
b. Surrender all keys at the end of the Contract period, or at any time deemed
necessary by the Facilities Administrator.
c. Protect the security of the property by keeping controller cabinet and building
doors locked at all times.
d. Not use premises behind locked areas for storage of materials, supplies or
tools, except as approved by the Facilities Administrator.
e. Program normal irrigation between the hours of 10:00 p.m. and 4:00 a.m.
3. Water Conservation
The Contractor shall turn off the irrigation system, if applicable, during periods of
rainfall and times when suspension of irrigation is desirable to conserve water
while remaining within the guidelines of good horticulturally acceptable
maintenance practices. When the Facilities Administrator acknowledges the
necessity to turn on the water once again, all controllers shall be activated within
twenty-four (24) hours. Contractor shall perform all services in a manner which
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conserves the use of water whenever possible to the extent that such
conservation does not interfere with the Contractor’s maintenance obligations.
4. Inspection and Reporting
a. The Contractor shall physically inspect (by manual or semi-automatically
running the Controller) the operation of all systems on a weekly basis. The
Contractor shall maintain all sprinkler systems in such a way as to guarantee
proper coverage and full working capability, and make whatever adjustments
necessary to prevent excessive overspray/runoff into street right-of-ways or
other areas not intended to receive irrigation overspray/runoff.
b. A visual inspection of all irrigated areas shall occur, more often, but not less
than one (1) time per week. All areas receiving marginal coverage shall be
irrigated by a portable irrigation method. The Contractor shall furnish all
hoses, nozzles, sprinklers, etc., necessary to accomplish this supplementary
irrigation. Care shall be exercised to prevent a waste of water, erosion,
and/or detrimental seepage into existing underground improvements or
structures.
c. Contractor shall clean and re-set any spray nozzles that have an erratic
spray. Any dirt/silt and debris shall be removed, cleaned & reset.
d. Any damage to irrigation system components listed below, resulting from
vandalism, vehicle damage, tree roots or old age shall be repaired or
replaced as part of irrigation system maintenance. The replacement irrigation
components shall be new and have the greatest durability and life span
available. If the Contractor is aware of a newer technology, which would result
in a benefit to the project i.e. longer life, increased durability, less overspray,
better coverage, reduced water usage, reduced maintenance, then it should
be proposed to the Facilities Administrator for review and approval prior to
installation:
Irrigation System Components
Sprinklers – all types, pop up, bubbler, impacts etc.
Sprinkler components
Riser Pipes – all components i.e. Elbows, Tees, Reducers, Marlex, Slip
Fix, Nipples, Couplers, adapters, etc.
Lateral Lines
Control wires
Valve Boxes
Hose bibs / quick connects
Controller/Clocks/Timers
Backflow preventer
Valves
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EXHIBIT A - 15
e. Contractor shall provide annual testing and certification for all backflow
preventers.
H. SAFETY
1. Contractor shall execute and maintain its work so as to avoid injury or damage to
any person or property.
2. Contractor shall submit to RCTC their company Safety Plan prior to work.
3. Contractor shall ensure that their employee are provided with and utilize the
proper Personal Protective Equipment (PPE) while performing the work.
4. Contractor shall designate at least one (1) Safety Representative acceptable to
RCTC, provided that acceptance may be withdrawn at any time, who shall be
responsible for ensuring that the Work is performed in accordance with the
requirements set forth in the Contract, the Contractor’s Safety Plan, and all
applicable laws and regulations.
5. Contractor shall have at least one individual on site who is First Aid and CPR
trained. The individual shall be identified and the contractor will provide copies of
their safety training certifications.
6. The Contractor shall post and ensure all employees are aware of the name,
location, phone numbers of local doctors, hospitals, ambulance services, and
emergency services that they contact in the event of an on-site emergency.
7. Contractor shall comply with the requirements of the specifications relating to
safety measures applicable in particular operations or kinds of work.
8. In carrying out its Work, 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 perform.
I. STORM WATER POLLUTION PREVENTATION PROGRAM (SWPPP)
1. Contractor shall ensure that all employees are trained and are aware of the
following Site Specific Storm Water Pollution Prevention Requirements:
a. No discharge of fertilizers, pesticide, and wastes into street or storm drains;
b. No blowing or sweeping debris into street or storm drains;
c. No hosing down of the parking lot;
d. No vehicle washing or maintenance on site;
e. Close dumpster lids at all time;
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EXHIBIT A - 16
f. No disposing of wash water into street or storm drains;
g. Remove all foreign objects (leaves, cans, cigarette butts, paper etc.) from in
front of drainage inlets and gutter areas;
h. Properly dispose all chemical container per label of said chemical used.
2. The Contractor must provide annual refresher training at its own cost on the Site
Specific Storm Water Pollution Prevention Requirements.
3. The Contractor shall document the training on a Site Specific Storm Water
Pollution Prevention Training Log and provide it annually to RCTC.
J. CHEMICALS TO BE USED
1. Contractor shall provide a list of all chemicals that are proposed to be used on
the project for review and approval, prior to use of the chemicals.
2. Contractor shall provide Safety Data Sheets (SDS)/Label for all chemicals that
are to be used on the project.
3. Contractor shall ensure the field crews carry copies of the SDS/Label for all
chemicals they have while on-site.
4. Contractor is encouraged to use Bio-degradable or environmentally friendly
chemicals.
5. Contractor shall ensure that all employees are properly trained in the use and
handling of the approved cleaning products/chemicals.
6. Contractor shall ensure that all employees utilize the proper Personal Protective
Equipment (PPE) as specified by the chemical or the Contractor’s safety plan,
whichever is most stringent.
7. Contract shall follow all label requirements/instructions per chemical.
8. Contractor shall have a qualified person on staff with a Qualified Applicator
Certificate (QAC) in category Q or B applying any chemical.
9. Contractor shall follow all California Department of Pesticide Regulations and
possess a maintenance gardener pest control business license.
OTHER IRRIGATION REPAIRS - Task Order Based Work
Any damage to irrigation system components listed below, resulting from
vandalism, vehicle damage, tree roots or old age shall be brought to the attention
of the Facilities Administrator for disposition. Repair or replacement of these
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EXHIBIT A - 17
items will be based on the unit and labor costs consistent with this Agreement
and as approved through the issuance of a Task Order:
Irrigation System Components shall include:
Main Line
Backflow Preventer
Valves
Irrigation Controllers – Timers/Clocks
Irrigation Controller Cabinet
Electrical Power connection to Controller Cabinet
K. NEW LANDSCAPING-Task Order Based Work
1. Contractor shall replace existing landscaping with drought resistant vegetation
and features upon direction from RCTC.
2. Contractor shall implement all modified landscaping plans upon direction from
RCTC.
3. Contractor shall install modified irrigation systems upon direction from RCTC.
4. Contractor shall be able to modify planting areas and provide hardscape or safe
pedestrian access with sidewalks upon direction from RCTC.
End of Statement of Services
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17336.00600\29268990.1
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17336.00600\29268990.1
EXHIBIT “C”
COMPENSATION
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FISCAL YEAR PROJECT COST
FY 2021/22 Landscape Maintenance Services 444,000.00$
FY 2022/23 Landscape Maintenance Services 679,000.00
FY 2023/24 Landscape Maintenance Services 682,000.00
FY 2024/25 Landscape Maintenance Services 694,000.00
FY 2025/26 Landscape Maintenance Services 733,000.00
FY 2026/27 Landscape Maintenance Services 527,000.00
3,759,000.00$
EXHIBIT "C"
COMPENSATION SUMMARY
TOTAL COSTS
EXHIBIT C - 1
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17336.00600\29268990.1
EXHIBIT “D”
FEDERAL REQUIREMENTS
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SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (SCAQMD)
AND
STATE (CALTRANS)
FUNDING REQUIREMENTS
The following additional funding requirements apply depending on the funding source
identified as applicable for a Task Order.
I. SCAQMD REQUIREMENTS
Non-Discrimination - In the performance of this Contract, CONTRACTOR shall not
discriminate in recruiting, hiring, promotion, demotion, or termination practices on the basis of
race, religious creed, color, national origin, ancestry, sex, age, or physical handicap and shall
comply with the provisions of the California Fair Employment & Housing Act (Government
Code Section 12900, et seq.), the Federal Civil Rights Act of 1964 (P.L. 88-352) and all
amendments thereto, Executive Order No. 11246 (30 Federal Register 12319), and all
administrative rules and regulations issued pursuant to said Acts and Order. CONTRACTOR
shall likewise require each subcontractor to comply with this clause and shall include in each
such subcontract language similar to this clause.
II. CALTRANS REQUIREMENTS
*Section 2 below is also applicable to FTA Funded Task Orders.
1. Invoices & Payments.
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
Payment shall be made for costs incurred by Contractor in performance of the Services. No
advance payment or payment for work not actually performed shall be made under this
Agreement or any Task Order.
2. Cost Principles and Administrative Requirements.
Contractor 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.
Exhibit D - 1
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Contractor 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.
Any costs for which payment has been made to Contractor 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 Contractor to Commission.
All subcontracts in excess of $25,000 shall contain the above provisions.
3. Retention of Records/Audit. For the purpose of determining compliance with 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; Contractor, subcontractors, 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 Government shall have access to any books, records,
and documents of Contractor and it’s certified public accountants (CPA) work papers that are
pertinent to this Agreement for audit, examinations, excerpts, and transactions, and copies
thereof shall be furnished if requested. Subcontracts in excess of $25,000 shall contain this
provision.
4. 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.
5. Travel & Subsistence. Reimbursement for transportation and subsistence costs shall not
exceed the rates specified in the approved Task Order, as may be applicable. In addition, any
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 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 Contractor is
responsible for the cost difference and any overpayments shall be reimbursed to the Commission
on demand.
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6. Equipment Purchase
Prior authorization, in writing, by Commission’s Contract Administrator shall be required
before Contractor enters into any unbudgeted purchase order, or subcontract for supplies,
equipment, or services. Contractor shall provide an evaluation of the necessity or desirability of
incurring such costs.
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.
Any equipment purchased as a result of this Agreement is subject to the following: Contractor
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,
Contractor may either keep the equipment and credit Commission in an amount equal to its fair
market value, or sell such equipment at the best price obtainable at a public or private sale, in
accordance with established Commission procedures; and credit Commission in an amount
equal to the sales price. If Contractor elects to keep the equipment, fair market value shall be
determined at Contractor’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 Contractor. If Contractor 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.
All subcontracts in excess $25,000 shall contain the above provisions.
7. National Labor Relations Board Certification.
In accordance with Public Contract Code Section 10296, and by signing this Agreement,
Contractor certifies under penalty of perjury that no more than one final unappealable finding of
contempt of court by a federal court has been issued against Contractor within the immediately
preceding two-year period, because of Contractor’s failure to comply with an order of a federal
court that orders Contractor to comply with an order of the National Labor Relations Board.
8. Nondiscrimination; Statement of Compliance.
Contractor’s signature affixed herein shall constitute a certification under penalty of perjury
under the laws of the State of California that Contractor has, unless exempt, complied with, the
nondiscrimination program requirements of Government Code Section 12990 and Title 2,
California Administrative Code, Section 8103.
During the performance of this Agreement, Contractor and its subcontractors shall not
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unlawfully discriminate, harass, or allow harassment against any employee or applicant for
employment because of sex, race, color, ancestry, religious creed, national origin, physical
disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age
(over 40), marital status, and denial of family care leave. Contractor and subcontractors shall
insure that the evaluation and treatment of their employees and applicants for employment are
free from such discrimination and harassment. Contractor and subcontractors shall comply with
the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the
applicable regulations promulgated there under (California Code of Regulations, Title 2, Section
7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission
implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title
2 of the California Code of Regulations, are incorporated into this Contract by reference and
made a part hereof as if set forth in full. Contractor and its subcontractors shall give written
notice of their obligations under this clause to labor organizations with which they have a
collective bargaining or other Agreement.
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FTA FUNDING REQUIREMENTS
The following FTA terms will be incorporated into all Task Orders utilizing FTA funds, unless
otherwise determined in writing by RCTC. 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 Contractor 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,
Contractor, or any other party (whether or not a party to that contract) pertaining to any matter
resulting from the underlying contract.
b. The Contractor 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 subcontractor who will be subject to its provisions.
2. Program Fraud and False or Fraudulent Statements or Related Acts
a. The Contractor 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 Contractor 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 Contractor 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 Contractor to the extent the
Federal Government deems appropriate.
b. The Contractor 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
Contractor, to the extent the Federal Government deems appropriate.
c. The Contractor 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 subcontractor who will be subject to the provisions.
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3. Access to Records
The Contractor 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 Contractor which are directly pertinent to this contract for the purposes of making audits,
examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17
to provide the FTA Administrator or his authorized representatives including any PMO
Contractor access to Contractor'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 Contractor 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 Contractor 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. Contractor'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 Contractor agrees that it will not
discriminate against any employee or applicant for employment because of race, color, creed,
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national origin, sex, age, or disability. In addition, the Contractor 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
Contractor 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 policies that may in the future affect construction
activities undertaken in the course of the Project. The Contractor 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 Contractor
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 Contractor agrees to refrain from discrimination against present and prospective
employees for reason of age. In addition, the Contractor 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 Contractor 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 Contractor agrees to comply with any
implementing requirements FTA may issue.
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(3) The Contractor 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;
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
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shall adhere to race-neutral DBE participation commitment(s) made at the time of award of any
Task Order (as defined in the Model Contract).
D. Race-Neutral DBE Submissions and Ongoing Reporting Requirements (Post-Award):
For each Task Order proposal, 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 Task Order, 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 Task Order 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
any Task Order, 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 the Task
Order, 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.
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.
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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 Contractor 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. ADA Access Requirements
The Contractor 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).
9. Fly America
.
The Contractor 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 contractors 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 Contractor 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 Contractor agrees to include the requirements of this section in all
subcontracts that may involve international air transportation.
10. Cargo Preference - Use of United States-Flag Vessels
The Contractor 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 Contractor in the case of a subcontractor's bill-of-lading.)
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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
The following shall apply unless otherwise specified in a Task Order request.
The Contractor agrees to comply with 49 U.S.C. 5323(j) and 49 CFR Part 661, which provide
that Federal funds may not be obligated unless steel, iron, and manufactured products used in
FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA
or the product is subject to a general waiver. General waivers are listed in 49 CFR 661.7.
Separate requirements for rolling stock are set out at 5323(j)(2)(C) and 49 CFR 661.11. Rolling
stock not subject to a general waiver must be manufactured in the United States and have a 60
percent domestic content.
Contractor must submit to RCTC the appropriate Buy America certification with all bids on
FTA-funded contracts (including Task Orders), except those subject to a general waiver. Bids or
offers that are not accompanied by a completed Buy America certification must be rejected as
nonresponsive.
12. Employment Provisions
To the extent applicable to the Services, Consultant shall comply with the following:
A. Equal Employment Opportunity — Consultant must comply with Executive Order 11246 (3
CFR, 1964–1965 Comp., p. 339), “Equal Employment Opportunity,” as amended by Executive
Order 11375 (3 CFR, 1966–1970 Comp., p. 684), “Amending Executive Order 11246 Relating to
Equal Employment Opportunity,” and as supplemented by regulations at 41 CFR chapter 60,
“Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department
of Labor.”
B. Copeland “Anti-Kickback” Act (18 U.S.C. 874 and 40 U.S.C. 276c) — Consultant must
comply with the Copeland “Anti-Kickback” Act (18 U.S.C. 874), as supplemented by
Department of Labor regulations (29 CFR Part 3, “Consultants and Subconsultants on Public
Building or Public Work Financed in Whole or in Part by Loans or Grants from the United
States”). The Act provides that each contractor or subrecipient must be prohibited from inducing,
by any means, any person employed in the construction, completion, or repair of public work, to
give up any part of the compensation to which he is otherwise entitled. The Commission shall
report all suspected or reported violations to the responsible DOE contracting officer.
C. Contact Work Hours and Safety Standards Act (40 U.S.C. 327–333) — Consultant must
comply with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40
U.S.C. 327–333), as supplemented by Department of Labor regulations (29 CFR Part 5). Under
Section 102 of the Act, each Consultant is required to compute the wages of every mechanic and
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laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work
week is permissible provided that the worker is compensated at a rate of not less than 11/2 times
the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of
the Act is applicable to construction work and provides that no laborer or mechanic is required to
work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.
These requirements do not apply to the purchases of supplies or materials or articles ordinarily
available on the open market, or contracts for transportation or transmission of intelligence.
D. Davis-Bacon Act (40 U.S.C. 276a) — Consultant shall comply with the Davis-Bacon Act (40
U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR Part 5).
13. Release of Retainage
No retainage will be withheld by the RCTC from progress payments due Contractor. Retainage
by Contractor 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 Contractor 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 Contractor or subconsultant in the event of a dispute involving late payment or
nonpayment by Contractor or deficient subconsultant performance, or noncompliance by a
subconsultant.
14. Termination for Convenience
RCTC may terminate the Agreement for convenience in accordance with the terms of the
Agreement.
After such termination, the Contractor shall submit a final termination settlement proposal to
RCTC as directed. If the Contractor fails to submit a proposal within the time allowed, RCTC
may determine, on the basis of information available, the amount, if any due the Contractor
because of the termination and shall pay the amount determined. After the Contractor’s proposal
is received, RCTC and Contractor 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 Contractor does not agree
with this final determination or the determination resulting from the lack of timely submission of
a proposal, the Contractor may appeal under the Disputes clause.
15. Administrative and Contractual Remedies on Breach; Termination for Cause
a. The Contractor may be declared in breach of this Agreement (“Breach”) if the Contractor
fails to make delivery of the supplies or to perform the services within the time specified herein
or any extension thereof; or if the Contractor 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 Contractor of the Breach,
and the Contractor 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.
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b. RCTC may, by written notice of termination to the Contractor 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
Contractor 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 Contractor shall
continue the performance of this contract to the extent not terminated under the provisions of this
clause.
d. Except with respect to defaults of Subcontractors, the Contractor 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 Contractor. If the failure to perform is caused by the
default of a Subcontractor, and if such default arises out of causes beyond the control of both the
Contractor and the Subcontractor, and without the fault or negligence of either of them, the
Contractor shall not be liable for any excess costs for failure to perform, unless the supplies or
services to be furnished by the Subcontractor were obtainable from other sources in sufficient
time to permit the Contractor 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 Contractor 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 3.4 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
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decided by RCTC’s Deputy Executive Director, who shall reduce the decision to writing and
mail or otherwise furnish a copy thereof to the Contractor. 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, Contractor 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 Contractor 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, Contractor 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 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.] - Contractors
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 Contractor 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.
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19. Clean Water
a. The Contractor 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
Contractor 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.
b. The Contractor 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 Contractor 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 Contractor 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 Contractor
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.
b. The Contractor 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 Contractor 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 Contractor 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
Exhibit D - 15
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FTA Requirements – Page 12
12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part
247.
21.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 contractor 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 Contractor 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 Contractor or RCTC.
b. The Contractor 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.
Exhibit D - 16
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AGENDA ITEM 7
Agenda Item 7
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: November 10, 2021
TO: Riverside County Transportation Commission
FROM: Budget and Implementation Committee
Sheldon Peterson, Rail Manager
THROUGH: Anne Mayer, Executive Director
SUBJECT: Coachella Valley-San Gorgonio Pass Rail Corridor Planning Study Update and
Amendment to HDR Engineering Agreement
BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION:
This item is for the Commission to:
1) Approve Agreement No. 14-25-072-07, Amendment No. 7 to Agreement
No. 14-25-072-00, with HDR Engineering (HDR) related to the Coachella Valley-San
Gorgonio Pass Rail Corridor Service Planning Study for an additional amount of $259,000,
and a total amount not to exceed $7,175,748;
2) Authorize the Executive Director, pursuant to legal counsel review, to finalize and execute
the agreement on behalf of the Commission;
3) Approve the allocation of $259,000 in State Transit Assistance (STA) Funds from Western
Riverside County’s Commuter Rail Program for the Coachella Valley Rail Program
(Program);
4) Approve adjustments to the Fiscal Year 2021/22 budget in the amounts of $259,000 each
to increase STA Fund−Western County Rail transfers out and Coachella Valley Rail Fund
transfers in and professional services expenditures;
5) Amend the Commission’s FY 2021/22 Coachella Valley Rail Short-Range Transit Plan
(SRTP); and
6) Adopt Resolution No. 21-018, “Resolution of the Riverside County Transportation
Commission Approving the Allocation of State Transportation Improvement
Program/Interregional Transportation Improvement Program Funding to Support the
Coachella Valley San Gorgonio Pass Rail Corridor”.
COACHELLA VALLEY – SAN GORGONIO PASS RAIL CORRIDOR SERVICE BACKGROUND
In October 2013, the Commission approved Resolution No. 13-042, “Resolution of Support to
Establish Daily Intercity Rail Service from Los Angeles to the Coachella Valley Via the Pass Area,”
in which the Commission committed to overseeing preparation of a Service Development Plan
(SDP) in coordination with the Caltrans Division of Rail and Mass Transit and the Federal Railroad
Administration (FRA) as the next step toward establishing daily rail service between Los Angeles
and the Coachella Valley.
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Agenda Item 7
In May 2014, following a competitive procurement process, the Commission awarded a contract
to HDR to prepare a full SDP starting with an Alternatives Analysis (AA), followed by a SDP and
program-level Environmental Impact Statement (EIS)/Environmental Impact Report (EIR).
In July 2016, the AA was completed and accepted by the Commission and FRA with the
recommendation of a preferred route to be carried forward for analysis in a SDP and Tier 1
EIS/EIR. The preferred route, as shown in Figure 1 below, would run from Los Angeles Union
Station, through Fullerton, Riverside, and the San Gorgonio Pass, to Indio or Coachella (Corridor),
operating primarily over tracks owned by the BNSF Railway (BNSF) from Los Angeles to Colton,
and tracks owned by the Union Pacific Railroad (UP) between Colton and Indio or Coachella.
Included in the AA was a market analysis that identified a projected 47 percent increase in travel
over the next 20 years between Los Angeles and Coachella Valley and a projected 23 percent
population increase by 2035 for the four counties comprising the Corridor (Los Angeles, Orange,
Riverside, and San Bernardino). Additionally, the analysis found that Coachella Valley is expected
to double its population and the San Gorgonio Pass Area is projected to increase 134 percent by
2035.
Since the commencement of the EIS/EIR and SDP, public project scoping has been completed, a
comprehensive operational model of the rail corridor has been developed, conceptual
engineering and service operations plan have been completed, technical studies have been
prepared to evaluate the impacts of implementing the service, the Draft Tier 1/Program EIS/EIR
has been prepared and circulated for public review and comment, and the Draft SDP has been
prepared. To date, the Commission has authorized a total of about $6.9 million to conduct the
study.
Figure 1: Proposed Coachella Valley – San Gorgonio Pass Rail Corridor
Project Status
Since the last project update to the Commission in May 2021, the Tier 1/Program Draft EIS/EIR
was circulated for public review and comment from May 19, 2021 through July 6, 2021, and an
extensive outreach program was undertaken to solicit input on the environmental document.
The outreach effort included:
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Agenda Item 7
• Development of a 4-minute video which described how the Program could make it easier
to travel through the congested traffic conditions in the Corridor;
• Development of a media toolkit that included resources for media outlets and other
organizations to share information about the Program on their social media or websites;
the toolkit included the Program video, Program Fact Sheets (in English and Spanish),
Program Frequently Asked Questions (in English and Spanish), and the Program Logo;
• A press release on May 19 that provided background information on the Program,
information about the methods for submitting comments, and a link to the media toolkit;
• Social media and website posts by stakeholder organizations and the news media
included 25 social media posts and 14 newspaper articles and TV segments;
• Twelve display advertisements placed in print and online publications, featuring
announcements about the availability of the Program EIS/EIR along with information
about when the public hearings would be held;
• Email notifications were sent to an extensive database of project stakeholders, interested
agencies and organizations;
• Social media postings that were developed and shared by the project outreach team from
early May through July 6 to provide information about the EIS/EIR release and review, the
project video, the public hearings, and the available methods for providing comments;
• Geographically focused digital advertising campaigns that were implemented to notify
the public about the public comment period and the public hearings; these digital
advertisements were viewed online 999,994 times on electronic devices;
• Briefings and presentations about the EIS/EIR and public comment opportunity that were
made to the Program’s Technical Advisory Committee, elected officials, and nine
stakeholder groups and agencies; and
• Virtual public meetings held on June 22 (Tuesday) and June 26 (Saturday).
A total of 294 comment letters were received during the 45-day public comment period, of which
nine letters were received from public agencies, 15 letters were received from organizations, and
273 letters were received from individuals. Additionally, ten comment letters were received from
individuals after the close of the Draft Tier 1/Program EIS/EIR public comment period (i.e., after
July 6, 2021) for a grand total of 304, as shown in Table 1 below. Although FRA, Caltrans, and
RCTC are not obligated to respond to comment letters received after the close of the formal
comment review period, responses were developed for these late arriving comment letters as a
courtesy. The number of comments received from agencies, organizations, and individuals
indicates significant public interest and effective outreach efforts.
Table 1. Summary of Commenters and Affiliations on the Draft Tier 1/Program EIS/EIR
Agencies Organizations Individuals Total
Number of Comment Letters 9 15 280 304
Number of Comments Contained within
Comment Letters
62 42 ~400 ~504
Percentage of Comment Letters that
Expressed General Support for the Program
78% 73% 82% 82%
Notes: Some comment letters received did not state a preference associated with support or opposition towards
the Program.
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Agenda Item 7
According to the National Environmental Policy Act, federal agencies are required to identify and
formally respond to all substantive public comments. A substantive comment does one or more
of the following:
• Questions, with a reasonable basis, the accuracy of the information and/or analysis in the
Draft Tier 1/Program EIS/EIR;
• Questions, with a reasonable basis, the adequacy of the information and/or analysis in
the Draft Tier 1/Program EIS/EIR;
• Presents reasonable alternatives other than those presented in the Draft Tier 1/Program
EIS/EIR that meet the purpose and need of the proposed action and addresses significant
issues;
• Questions, with a reasonable basis, the merits of an alternative or alternatives;
• Causes changes in or revisions to the proposed action; and
• Questions, with a reasonable basis, the adequacy of the planning process itself.
Many of the comment letters included multiple comments, thus, within the 304 comment letters,
a total of 504 comments were tallied requiring written responses. Many of the comments
received were on the same topic or expressed similar concerns. Rather than repeat the same
response to each of those comments, twelve “Master Responses” were prepared, each of which
addresses broad topic areas and/or comment themes, as shown in Table 2.
Table 2: Summary of Master Responses
Master Response Number Topic
1 Proposed Station Locations
2 Conceptual Nature of Build Alternative Option Components
3 Freight Train Volume Assumptions
4 Noise Quiet Zones
5 Wildlife Corridors
6 Train Trip Frequency
7 Train Trip Duration
8 Program Funding
9 Program Timing
10 Transit Connections
11 Locomotive Technology
12 Environmental Justice
The comments and responses have reached 315 pages are currently being reviewed by FRA and
Caltrans. Upon completion of this review, the final environmental documents will be updated to
include any necessary changes based on public comments. These final documents will then be
provided to FRA and Caltrans for additional review and comments prior to the ultimate Record
139
Agenda Item 7
of Decision. The SDP draft has also been completed and is currently being reviewed by the FRA
and Caltrans prior to being finalized.
To prepare for the Program’s next steps, staff is actively pursuing several state and federal grant
opportunities to secure funding for the Tier 2 environmental phase.
DISCUSSION
In order to complete this phase of the Program, an additional contract amendment with HDR is
needed. The significant number of comments required a substantially greater amount of time
and effort by the HDR team to prepare responses than is expected for a typical Tier 1/Program
environmental document of this sort, and the process required several weeks to prepare
responses and to review and refine the responses with RCTC and its legal team. In addition, the
sheer volume of comments and responses is expected to require the HDR team to expend
additional time and effort to respond to FRA comments and questions after it completes its
review of the draft responses to comments.
Therefore, staff recommends the Commission approve Agreement No. 14-25-072-07 with HDR
(Attachment 1) for additional services in the amount of $259,000, which increases the total
agreement authorization to $7,175,748. Staff also recommends the Commission authorize the
Executive Director, pursuant to legal counsel review, to finalize and execute the agreement on
behalf of the Commission.
FISCAL IMPACT:
To fund the additional work to provide final responses to comments in the Tier 1 environmental
document, staff recommends an allocation of $259,000 in STA Funds from Western Riverside
County’s Commuter Rail Program as part of its contribution to the Program. With proposed stops
in Riverside and the San Gorgonio Pass area, it is appropriate for Western Riverside County to
contribute to the Program. In connection with this allocation, staff also recommends an
amendment to the Commission’s FY 2021/22 Coachella Valley Rail SRTP.
This additional work was not anticipated in the FY 2021/22 budget; therefore, staff recommends
the Commission approve FY 2021/22 budget adjustments of $259,000 each to increase State
Transit Assistance Fund−Western County Rail transfers out and Coachella Valley Rail Fund
transfers in and professional services expenditures.
In addition, it is requested that the Commission adopt Resolution No. 21-018 approving the
allocation of State Transportation Improvement Program/Interregional Transportation
Improvement Program funding to support the Coachella Valley San Gorgonio Pass Corridor. This
resolution is required to secure funding needed for the next phase of the Program moving into
the Tier 2 environmental effort.
140
Agenda Item 7
Financial Information
In Fiscal Year Budget: No Year: FY 2021/22 Amount: $259,000
Source of Funds: State Transit Assistance Budget
Adjustment: Yes
GL/Project Accounting No.:
State Transit Assistance Fund−Western County Rail
002204 97001 00000 0000 241 62 97001 $259,000 (Transfers out)
Coachella Valley Rail Fund
004202 XXX 59001 0000 245 25 59001 $259,000 (Transfers in)
004202 65520 00000 0000 245 25 65520 $259,000 (Expenditures)
Fiscal Procedures Approved: Date: 10/15/2021
Attachments:
1) Draft Amendment 14-25-072-07
2) FY 2021/22 SRTP Table 4 Amendment
3) Resolution No. 21-018
Approved by the Budget and Implementation Committee on October 25, 2021
In Favor: 13 Abstain: 0 No: 0
141
Agreement No. 14-25-072-07
AMENDMENT NO. 7 TO
AGREEMENT WITH PROPOSITION 1B AND
FEDERAL RAILROAD ADMINISTRATION ASSISTANCE
WITH
HDR ENGINEERING, INC.
FOR
FORECASTING SERVICES FOR THE COACHELLA VALLEY-SAN GORGONIO
PASS RAIL CORRIDOR SERVICE DEVELOPMENT PLAN
1.PARTIES AND DATE
This Amendment No. 7 to the Agreement for Forecasting Services is made and
entered into as of _______________ , 2021, by and between the RIVERSIDE COUNTY
TRANSPORTATION COMMISSION ("Commission") and HDR ENGINEERING, INC., a
Nebraska corporation ("Consultant").
2.RECITALS
2.1 The Commission and the Consultant have entered into an agreement
dated June 3, 2014, for the purpose of providing forecasting services for
the Coachella Valley-San Gorgonio Pass Rail Corridor Service
Development Plan (the "Master Agreement").
2.2 The Commission and the Consultant have entered into an Amendment
No. 1 to the Master Agreement, dated October 22, 2015, for the purpose
of amending the Scope of Services to include Phase 2 of the Project, and
adding compensation for the additional Services.
2.3 The Commission and the Consultant have entered into an Amendment
No. 2 to the Master Agreement, dated June 30, 2016, for the purpose of:
(i)extending the term of the Master Agreement, (ii) amending the Scope of
Services, including a new Schedule of Services and providing additional
compensation for Phase 3 and 4 Project activities, and (iii) to include the
Caltrans and FRA provisions required pursuant to the Funding Agreement.
2.4 The Commission and the Consultant have entered into an Amendment
No. 3 to the Master Agreement, dated July 1, 2018, for the purpose of
extending the term and revising the indemnity provision of the Master
Agreement.
l 7336.00009\33392729. l
ATTACHMENT 1
142
2.5 The Commission and the Consultant have entered into an Amendment
No. 4 to the Master Agreement, for the purpose of extending the term of
the Master Agreement.
2.6 The Commission and the Consultant have entered into an Amendment
No. 5 to the Master Agreement, dated November 6, 2020, for the purpose
of amending the Scope of Services, provide additional compensation, and
extend the term of the Master Agreement.
2.7 The Commission and the Consultant have entered into an Amendment
No. 6 to the Master Agreement, dated ___________, 2021, for the
purpose of providing additional compensation.
2.8 The parties now desire to amend the Master Agreement in order to provide
additional compensation.
3. TERMS
3.1 The maximum compensation for Services performed pursuant to this
Amendment No. 7 shall not exceed Two Hundred, Fifty-Nine Thousand
Dollars ($259,000).
3.2 The total contract value of the Master Agreement, as amended by this
Amendment No. 7, shall be Seven Million, One Hundred Seventy-Five
Thousand, Seven Hundred Forty-Eight Dollars ($7,175,748).
3.3 Except as amended by this Amendment No. 7, all provisions of the Master
Agreement, as previously amended by Amendments 1 through 6, including
without limitation the indemnity and insurance provisions, shall remain in
full force and effect and shall govern the actions of the parties under this
Amendment No. 7.
3.4 This Amendment No. 7 may be signed in counterparts, each of which shall
constitute an original.
3.5 A manually signed copy of this Amendment No. 7 which is transmitted by
facsimile, email or other means of electronic transmission shall be
deemed to have the same legal effect as delivery of an original executed
copy of this Amendment No. 7 for all purposes. This Amendment No. 7
may be signed using an electronic signature.
3.6 This Amendment No. 7 shall be governed by the laws of the State of
California. Venue shall be in Riverside County.
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SIGNATURE PAGE
TO
AGREEMENT NO. 14-25-072-07
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first
herein above written.
RIVERSIDE COUNTY HDR ENGINEERING, INC.
TRANSPORTATION COMMISSION
__________________________
Signature
By:___________________________ __________________________
Anne Mayer, Executive Director Name
__________________________
Title
APPROVED AS TO FORM ATTEST:
By: _______________________ By: ______________________
Best Best & Krieger
General Counsel 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.
144
Original
Project Total Amount of
Funds 5307 RS 5307 RS CARES
OB 5337 LCTOP
PUC99313 LTF MA CR OTHR LCL SGR PUC99313 SGR PUC99314 STA PUC99313 Farebox
Western County Rail
Metrolink Operating Subsidy & Preventative Maintenance1 $21,474,584 $10,300,000 $864,540 $10,310,044
Next Generation Rail Study Phase II $400,000 $400,000
Program Management and Support2 $4,923,600 $2,067,700 $2,855,900
San Jacinto Line Right of Way Maintenance $2,336,300 $2,036,300 $300,000
Station Operations and Security $7,711,500 $2,186,400 $5,230,400 $294,700
Transfer Agreements $150,000 $150,000
Vanpool
RCTC VanClub Operating Expenses $1,210,260 $431,600 $74,700 $30,000 $673,960
Sub-total Operating $38,206,244 $0 $12,918,000 $0 $864,540 $12,927,744 $10,197,300 $624,700 $0 $0 $0 $673,960
Project Total Amount of
Funds 5307 RS 5307 RS CARES
OB 5337 LCTOP
PUC99313 LTF MA CR OTHR LCL SGR PUC99313 SGR PUC99314 STA PUC99313 Farebox
Western County Rail
Rail Stations - Capital Rehabilitation - WC 22-1 $1,500,000 $1,226,421 $273,579
Moreno Valley/March Field Station Ped Bridge - WC - 22-2 $9,300,000 $9,300,000
Riverside Downtown Station Track and Platform3 - WC 22-3 $1,900,000 $1,900,000
RCTC Metrolink Capital Obligation - WC 22-4 $4,292,859 $4,226,859 $66,000
Coachella Valley Rail
CV Rail Environmental/Service Development Plan - CV 22-1 $189,339 $189,339
Sub-total Capital $17,182,198 $9,300,000 $0 $4,226,859 $0 $0 $0 $66,000 $1,226,421 $273,579 $2,089,339 $0
Total Operating & Capital $55,388,442 $9,300,000 $12,918,000 $4,226,859 $864,540 $12,927,744 $10,197,300 $690,700 $1,226,421 $273,579 $2,089,339 $673,960
3 Reflects Western County Rail STA needed for ROW and related consulting.
Table 4.0 - Summary of Funding Request - FY2021/22
RCTC Western County Rail, Coachella Valley Rail, and Vanpool Programs
Operating
Capital
1 Total reflects an estimated full year subsidy with potential need for increases if 30% service reduction is reinstated.
2 Includes Rail program administration, capital support, marketing, rail safety education, professional services, and special
trains. Allocations for salaries and benefits and professional development are subject to change pending the Commission's
final budget approval.
ATTACHMENT 2
145
Amendment 1
Project Total Amount of
Funds 5307 RS 5307 RS CARES
OB 5337 LCTOP
PUC99313 LTF MA CR OTHR LCL SGR PUC99313 SGR PUC99314 STA PUC99313 Farebox
Western County Rail
Metrolink Operating Subsidy & Preventative Maintenance1 $21,474,584 $10,300,000 $864,540 $10,310,044
Next Generation Rail Study Phase II $400,000 $400,000
Program Management and Support2 $4,923,600 $2,067,700 $2,855,900
San Jacinto Line Right of Way Maintenance $2,336,300 $2,036,300 $300,000
Station Operations and Security $7,711,500 $2,186,400 $5,230,400 $294,700
Transfer Agreements $150,000 $150,000
Vanpool
RCTC VanClub Operating Expenses $1,210,260 $431,600 $74,700 $30,000 $673,960
Sub-total Operating $38,206,244 $0 $12,918,000 $0 $864,540 $12,927,744 $10,197,300 $624,700 $0 $0 $0 $673,960
Project Total Amount of
Funds 5307 RS 5307 RS CARES
OB 5337 LCTOP
PUC99313 LTF MA CR OTHR LCL SGR PUC99313 SGR PUC99314 STA PUC99313 Farebox
Western County Rail
Rail Stations - Capital Rehabilitation - WC 22-1 $1,500,000 $1,226,421 $273,579
Moreno Valley/March Field Station Ped Bridge - WC - 22-2 $9,300,000 $9,300,000
Riverside Downtown Station Track and Platform3 - WC 22-3 $1,900,000 $1,900,000
RCTC Metrolink Capital Obligation - WC 22-4 $4,292,859 $4,226,859 $66,000
Coachella Valley Rail
CV Rail Environmental/Service Development Plan - CV 22-14 $448,339 $448,339
Sub-total Capital $17,441,198 $9,300,000 $0 $4,226,859 $0 $0 $0 $66,000 $1,226,421 $273,579 $2,348,339 $0
Total Operating & Capital $55,647,442 $9,300,000 $12,918,000 $4,226,859 $864,540 $12,927,744 $10,197,300 $690,700 $1,226,421 $273,579 $2,348,339 $673,960
1 Total reflects an estimated full year subsidy with potential need for increases if 30% service reduction is reinstated.
2 Includes Rail program administration, capital support, marketing, rail safety education, professional services, and special
trains. Allocations for salaries and benefits and professional development are subject to change pending the Commission's
final budget approval.
Table 4.0 - Summary of Funding Request - FY2021/22
RCTC Western County Rail, Coachella Valley Rail, and Vanpool Programs
Operating
Capital
3 Reflects Western County Rail STA needed for ROW and related consulting.
4 Reflects Western County Rail STA's contribution for CV Rail. $189,339 from Coachella Valley and $259,000 from Western Riverside County Rail.
146
RESOLUTION NO. 21-018
RESOLUTION OF THE
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
APPROVING THE ALLOCATION OF STATE TRANSPORTATION IMPROVEMENT
PROGRAM/INTERREGIONAL TRANSPORTATION IMPROVEMENT PROGRAM FUNDING TO
SUPPORT THE COACHELLA VALLEY SAN GORGONIO PASS RAIL CORRIDOR
WHEREAS, the California Transportation Commission (CTC) is responsible for the programming
of the State Transportation Improvement Program (STIP); and
WHEREAS, the STIP consists of two broad programs; the Regional Transportation Improvement
Program funded from 75 percent of the STIP funding, and the Interregional Transportation
Improvement Program (ITIP) funded from 25 percent of STIP funding; and
WHEREAS, the 75 percent regional program is further subdivided by formula into county shares
to be nominated by regions for projects that improve the regional transportation system within
the region; and
WHEREAS, the Riverside County Transportation Commission is an eligible project sponsor and
may receive and distribute STIP and ITIP funding allocations towards eligible projects; and
WHEREAS, the Riverside County Transportation Commission considers the Coachella Valley San
Gorgonio Pass Rail Corridor project as both eligible and a priority project; and
WHEREAS, a statement has been provided by the Riverside County Transportation Commission
Board of Directors’ legal counsel stating that the Riverside County Transportation Commission
has the financial and institutional ability to implement the Coachella Valley San Gorgonio Pass
Rail Corridor Project through the pursuit and acceptance of grant and loan funding and that the
Riverside County Transportation Commission is empowered to: let a contract; to sue or be sued
by another entity or person; and undertake other responsibilities and duties of the agency; and
WHEREAS, the Coachella Valley San Gorgonio Pass Rail Corridor Project will be available to the
public, or its primary purpose will be to benefit the public and does not benefit a private entity
or individual; and
WHEREAS, the matching funds required for the Coachella Valley San Gorgonio Pass Rail Corridor
Project are available and committed to this project. Committed funds have received necessary
authorizations and the recipient agency has authority to expend the funds. If the project cost
exceeds the state funds available, the applicant agency shall use other funds to cover the cost
increases to complete the project; and
WHEREAS, The Riverside County Transportation Commission shall comply with the Commission's
Hazardous Waste Identification and Clean-up Policy for Rail Right-of-Way, including fully
investigating the project to determine the absence/presence of hazardous wastes; and
ATTACHMENT 3
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WHEREAS, the Riverside County Transportation Commission has also taken reasonable steps to
ensure full due diligence, clean-up of the site (as appropriate), and indemnifies the State of future
clean-up liability or damages, as well as not seeking state funds for clean-up, damage, or liability
costs associated with hazardous wastes; and
WHEREAS, the Riverside County Transportation Commission shall comply with the CTC’s Timely
Use of Fund policies; and
NOW, THEREFORE, BE IT RESOLVED, that the Riverside County Transportation Commission
hereby approves the allocation of STIP and ITIP funds to the Coachella Valley San Gorgonio Pass
Rail Corridor; and
NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of the Riverside County
Transportation Commission as the fund recipient agrees to comply with all conditions and
requirements set forth in the Certification and Assurances document and applicable statutes,
regulations and guidelines, and
NOW, THEREFORE, BE IT RESOLVED, that the Executive Director or designee is hereby authorized
to submit a request for Scheduled Allocation of the STIP and ITIP funds and to execute the related
grant applications, forms and agreements.
APPROVED AND ADOPTED this 10th day of November, 2021.
_____________________________________
Jan C. Harnik, Chair
Riverside County Transportation Commission
ATTEST:
_________________________________
Lisa Mobley, Clerk of the Board
Riverside County Transportation Commission
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Coachella Valley-San Gorgonio Pass
Rail Corridor Service
1)Approve Agreement No.14-25-072-07,Amendment No.7 with HDR
Engineering (HDR)for $259,000 in additional CV Rail Work;
2)Authorize the Executive Director,pursuant to legal counsel review,
to finalize and execute the agreement on behalf of the
Commission;
3)Approve the allocation of $259,000 in State Transit Assistance
(STA)Funds
4)Approve adjustments to the Fiscal Year 2021/22 budget
5)Amend the Commission’s FY 2021/22 Coachella Valley Rail Short-
Range Transit Plan (SRTP);
6)Adopt Resolution No.21-018,“Resolution of the Riverside County
Transportation Commission Approving the Allocation of State
Transportation Improvement Program/Interregional Transportation
Improvement Program Funding to Support the Coachella Valley San
Gorgonio Pass Rail Corridor”
Staff Recommendations
Program Overview –Study Area
Where is the Program Study Area?
Passenger Rail Service Studied
Two round trips per day between Los Angeles and Coachella Valley
Up to six potential stations east of Colton
Where are we in the process?
Project Process
(completed July 2016)
20
1
6
Alternatives
Analysis Cu
r
r
e
n
t
Program-Level
(Tier 1) EIS/EIR
& Service
Development
Plan
Fu
t
u
r
e
Conceptual
Engineering &
Project-Level
(Tier 2)
Environmental
Analyses
Fu
t
u
r
e
Final Design &
Construction &
Operations
Timeline
PROGRAM-LEVEL (TIER 1) DRAFT EIS/EIR
Public comment opportunities: May 21 –July 6, 2021
Virtual Public Hearings on Draft EIS/EIR: June 22 & 26, 2021
Selection of preferred alternative based on analysis and
public comments –(Option 1 to Coachella)
Preparation of Tier 1/Program Final EIS/EIR
Record of Decision: Mid Year 2022
SERVICE DEVELOPMENT PLAN
Draft completed with FRA/Caltrans for Review
Planned completion date: January 2022
Coachella Valley Rail Public Outreach Activities
11 Stakeholder &
Agency Briefings
2 Virtual
Public Hearings
3,226 Page Views
rctc.org/cvrail
504 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
Comment Distribution by Local Cities
Palm Desert , 23
Redlands, 5
Beaumont , 3
Coachella, 3
San Bernardino, 3
Banning , 2
Colton, 1
Palm Springs , 62
Indio, 42
Additional comments beyond
these cities were received.
Summary of Comments
Agencies Organizations Individuals Total
Number of Comment
Letters
9 15 280 304
Number of
Comments
Contained within
Comment Letters
62 42 ~400 ~504
Percentage of Comment
Letters that Expressed
General Support for the
Program
78%73%82%82%
Agencies and Organizations
WE ARE HERE
Master Responses
Number Topic
1 Proposed Station Locations
2 Conceptual Nature of Build Alternative Option
Components
3 Freight Train Volume Assumptions
4 Noise Quiet Zones
5 Wildlife Corridors
6 Train Trip Frequency
7 Train Trip Duration
8 Program Funding
9 Program Timing
10 Transit Connections
11 Locomotive Technology
12 Environmental Justice
Comments Summary
All comments were appreciated and a formal response will be
included in the appendix of the Final Environmental
Documents.
None of the comments received provide new information
that warrants recirculation of the Draft Tier 1/Program EIR/EIS
under CEQA nor preparation of a supplement under NEPA.
A majority of the comments were supportive of the project.
Most issues with environmental concerns were addressed in
the specific sections of the Tier 1 document.
Many environmental concerns and mitigation efforts will
need to be addressed after conceptual engineering is
complete and projects elements are identified in the Tier 2.
Next Steps
Seeking Funding for Tier 2 Effort -$60M
ITIP $10M
STIP $15M
CRISI Grant $20M
SRA $6-10M
Need Letters of Support for CRISI Grant by
Nov 12th
New website link for individual support
http://www.rctc.org/support/
Branding
Staff has started internal discussion on best
approach to address branding as we begin
the Tier 2 process
Questions?
AGENDA ITEM 8
Agenda Item 8
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: November 10, 2021
TO: Riverside County Transportation Commission
FROM: Jillian Guizado, Planning and Programming Director
THROUGH: Anne Mayer, Executive Director
SUBJECT: City of Corona Funding Request for Construction of McKinley Street Grade
Separation Project
STAFF RECOMMENDATION:
This item is for the Commission to:
1) Approve programming up to $12.94 million of 2009 Measure A Western County Regional
Arterial (MARA) funds for the city of Corona’s McKinley Street Grade Separation project;
2) Approve Agreement No. 22-72-025-00 between the Commission and the city of Corona
(Corona), as the lead agency for the project, for the programming of up to $12.94 million
of MARA for the construction phase of the McKinley Street 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 Street
(Corona), Jurupa Road (Jurupa Valley), and Third Street (Riverside). At the time, the McKinley
Street grade separation had minimal funding identified. A few months after the 2017 Companion
Study was completed, the California State Legislature passed Senate Bill (SB) 132, providing
$84,450,000 to deliver the McKinley Street Grade Separation project (see Attachment 1 for
project location map). 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 percent 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 year, California voters approved Proposition 1B, which established a program to
improve trade corridors and included grade separation project funding.
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Agenda Item 8
DISCUSSION:
Since SB 132’s passage in 2017, Corona has been working to deliver the project and secure
additional funding as the cost estimate has been updated. Most notably, Corona sought and
received a $10.3 million state-only funded SB 1 award from the Trade Corridor Enhancement
Program (TCEP) in December 2020. At the time that TCEP funding was pursued, it was believed
the project budget had a net surplus.
In October 2021, Corona opened construction bids for the McKinley Street Grade Separation
project. Once the construction cost became known, Corona developed an updated project cost
estimate which now indicates a funding shortfall between $14,889,692 and $17,940,992. There
is a range due to a minor irregularity in the bid from the apparent lowest responsible/responsive
bidder that is currently being addressed; the higher shortfall amount is based on the next
apparent lowest bid.
On November 1, 2021, Corona submitted a letter (Attachment 2) to the Commission regarding
the shortfall and requested financial assistance to fully fund the project. Corona has identified
$5,000,000 in additional local funds toward the project funding shortfall. 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 up to $12.94 million of available MARA funds to fully fund the McKinley Street
Grade Separation project and entering into Agreement No. 22-72-025-00 to provide funding for
the project on a reimbursement basis.
FISCAL IMPACT:
Corona will prioritize expenditure of the other identified fund sources, as listed in its letter,
including but not limited to SB 132 and TCEP funds. After utilizing all available funds, if additional
funding is needed to complete the project, up to $12.94 million would be paid with available
MARA funds on a reimbursement basis. The Commission will retain any cost savings on the
project.
Financial Information
In Fiscal Year Budget: N/A Year: FY 2022/23 Amount: Up to $12,940,000
Source of Funds: 2009 Measure A Western County
Regional Arterial funds Budget Adjustment: N/A
GL/Project Accounting No.: 663042 81301 00000 0000 266 72 81301
Fiscal Procedures Approved: Date: 11/02/2021
Attachments:
1) Project Location Map
2) November 1, 2021 Letter from Corona
3) Draft Agreement No. 22-72-025-00
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ATTACHMENT 2
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153
154
155
156
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Agreement No. 22-72-025-00
AGREEMENT FOR THE FUNDING OF
MEASURE A REGIONAL ARTERIAL IMPROVEMENTS
WITH THE CITY OF CORONA
1.Parties and Date.
1.1 This Agreement is executed and entered into this day of , 2021, by and
between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION (“RCTC”) and the
CITY OF CORONA (“City”). RCTC and City are sometimes collectively referred to herein as the
“Parties”.
2.Recitals.
2.1 RCTC is a county transportation commission created and existing pursuant to
California Public Utilities Code Sections 130053 and 130053.5.
2.2 On November 5, 2002 the voters of Riverside County approved Measure A
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”).
2.3 The Plan establishes funding for any improved Regional Arterial System to be funded
by a mix of Measure A and Transportation Uniform Mitigation Fees (TUMF) revenues.
2.4 Pursuant to Public Utility Code Sections 240000 et seq., RCTC is authorized to
allocate the proceeds of the Measure A tax in furtherance of the Plan.
2.5 RCTC intends, by this Agreement, to distribute Measure A Regional Arterial
(“MARA”) Funds, subject to the conditions provided herein, and to participate in the joint
development of the Project, as defined herein.
3.Terms.
3.1 Description of Work. This Agreement is intended to distribute MARA Funds to the
City for the McKinley Street Grade Separation project (“the Work”). The Work, including a
timetable and a detailed scope of work, is more fully described in Exhibit “A” attached hereto and,
pursuant to Section 3.15 below, is subject to modification as requested by the City and approved by
RCTC. The Work shall be consistent with the following defined phases as follows:
1)R/W – Right of Way
2)CONS – Construction
ATTACHMENT 3
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2
The Work phases funded pursuant to this Agreement shall be consistent with the City’s Request
Letter submitted to the RCTC (“the Project”). The Project is more fully described in Exhibit “A”
and depicted in Exhibit “B” attached hereto. It is understood and agreed that the City shall expend
MARA Funds only as set forth in this Agreement and only for the Work. To this end, any use of
funds provided pursuant to this Agreement shall be subject to the review and approval of RCTC.
3.2 RCTC Funding Amount. RCTC hereby agrees to distribute to the City, on the terms
and conditions set forth herein, a sum not to exceed Twelve Million Nine Hundred Forty Thousand
Dollars ($12,940,000), to be used exclusively for reimbursing the City for eligible Work expenses as
described herein (“Funding Amount”). The City acknowledges and agrees that the Funding Amount
may be less than the actual cost of the Work, and that RCTC shall not contribute MARA Funds in
excess of the maximum authorized in this section.
3.2.1 Eligible Work Costs. The total Work costs (“Total Work Cost”) may include
the following items: (1) City and/or consultant costs associated with direct Work coordination and
support; (2) right of way costs; (3) construction costs, including change orders to construction
contract approved by the City; and (4) construction management, field inspection and material
testing costs.
3.2.2 Ineligible Work Costs. The Total Work Cost shall not include the following
items which shall be borne solely by the City without reimbursement: (1) City administrative costs;
(2) City costs attributed to the preparation of invoices, billings and payments; (3) any City fees
attributed to the processing of the Work; and (4) expenses for items of work not included within the
scope of work in Exhibit “A”.
3.2.3 Increases in Work Funding. The Funding Amount may, in RCTC’s sole
discretion, be augmented with additional MARA Funds. Any such increase in the Funding Amount
must be approved in writing by RCTC’s Executive Director. No such increased funding shall be
expended to pay for any Work already completed. For purposes of this Agreement, the Work or any
portion thereof shall be deemed complete upon its acceptance by RCTC’s Executive Director.
3.2.4 Cost Savings. In the event that bids for the Work are lower than anticipated,
or there are cost savings for any other reason, the MARA Funds shall be reduced dollar for dollar
proportional to the savings on the Work. The City shall inform RCTC of any cost savings.
3.2.5 No Funding for Temporary Improvements. Only segments or components of
the Work that are intended to form part of or be integrated into the Work may be funded by MARA
Funds. No improvement which is temporary in nature, including but not limited to temporary roads,
curbs, or drainage facilities, shall be funded with MARA Funds except as needed for staged
construction of the Work.
3.3 City’s Funding Obligation to Complete the Work. In the event that the MARA Funds
allocated to the Work represent less than the total cost of the Work, the City shall be responsible for
identifying such additional funds as may be required to complete the Work as described in Exhibit
“A”.
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3.3.1 City’s Obligation to Repay MARA Funds to RCTC. In the event that: (i) the
City, for any reason, determines not to proceed with or complete the Work; or (ii) the Work is not
timely completed, subject to any extension of time granted by RCTC pursuant to Section 3.15; the
City agrees that any MARA Funds that were distributed to the City for the Work shall be repaid in
full to RCTC. The Parties shall enter into good faith negotiations to establish a reasonable
repayment schedule and repayment mechanism which may include, but is not limited to, withholding
of Measure A Local Streets and Roads revenues. The City acknowledges and agrees that RCTC
shall have the right to withhold any Measure A Local Streets and Roads revenues due the City, in an
amount not to exceed the total of the funds distributed to the City, and/or initiate legal action to
compel repayment, if the City fails to repay RCTC within a reasonable time period not to exceed 180
days from receipt of written notification from RCTC that repayment is required.
3.3.2 City’s Local Match Contribution. The City shall utilize the Eighty-Nine
Million Five Hundred Sixty Thousand Two Hundred Seventy-One Dollars ($89,560,271) of
identified right of way and construction phase funding toward the Work, as shown in Exhibit “A”.
These other funds shall be drawn down in full before MARA Funds are invoiced.
3.4 Work Responsibilities of the City. The City shall be responsible for the following
aspects of the Work, in compliance with state and federal law provided that such items are included
in the Project scope of work attached as Exhibit “A”: (i) all aspects of bidding, awarding, and
administration of the contracts for the Work; (ii) all construction management of any construction
activities undertaken in connection with the Work, including survey and material testing; and (iii)
development of a budget for the Work prior to award of any contract for the Work, taking into
consideration available funding, including MARA Funds.
3.5 Term/Notice of Completion. The term of this Agreement shall be from the date first
herein above written until: (i) the date RCTC formally accepts the Work as complete, pursuant to
Section 3.2.3; (ii) termination of this Agreement pursuant to Section 3.9; or (iii) the City has fully
satisfied its obligations under this Agreement, including full repayment of MARA Funds to RCTC
as provided herein. All applicable indemnification provisions of this Agreement shall remain in
effect following the termination of this Agreement.
3.6 Representatives of the Parties. RCTC’s Executive Director, or his or her designee,
shall serve as RCTC’s representative and shall have the authority to act on behalf of RCTC for all
purposes under this Agreement. The City hereby designates Savat Khamphou, Public Works
Director, or his designee, as the City’s representative to RCTC. The City’s representative shall have
the authority to act on behalf of the City for all purposes under this Agreement and shall coordinate
all activities of the Work under the City’s responsibility. The City shall work closely and cooperate
fully with RCTC’s representative and any other agencies which may have jurisdiction over or an
interest in the Work.
3.7 Expenditure of Funds by City Prior to Execution of Agreement. Nothing in this
Agreement shall be construed to prevent or preclude the City from expending funds on the Work
prior to the execution of the Agreement, or from being reimbursed by RCTC for such expenditures.
However, the City understands and acknowledges that any expenditure of funds on the Work prior to
the execution of the Agreement is made at the City’s sole risk, and that some expenditures by the
City may not be eligible for reimbursement under this Agreement.
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3.8 Review of Services. The City shall allow RCTC’s Representative to inspect or
review the progress of the Work at any reasonable time in order to determine whether the terms of
this Agreement are being met.
3.9 Termination. This Agreement may be terminated for cause or convenience as further
specified below.
3.9.1 Termination for Convenience.
3.9.1.1 Notice. Either RCTC or the City may, by written notice to the other
party, terminate this Agreement, in whole or in part, for convenience by giving thirty (30) days'
written notice to the other party of such termination and specifying the effective date thereof.
3.9.1.2 Effect of Termination for Convenience. In the event that the City
terminates this Agreement for convenience, the City shall, within 180 days, repay to RCTC in full all
MARA Funds provided to the City under this Agreement. In the event that RCTC terminates this
Agreement for convenience, RCTC shall, within 90 days, distribute to the City MARA Funds in an
amount equal to the aggregate total of all unpaid invoices which have been received from the City
regarding the Work at the time of the notice of termination; provided, however, that RCTC shall be
entitled to exercise its rights under Section 3.14.2, including but not limited to conducting a review
of the invoices and requesting additional information. This Agreement shall terminate upon receipt
by the non-terminating party of the amounts due it under this Section 3.9.1.2.
3.9.2 Termination for Cause.
3.9.2.1 Notice. Either RCTC or the City may, by written notice to the other
party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the
other party, by giving written notice to the other party of such termination and specifying the
effective date thereof. The written notice shall provide a 30 day period to cure any alleged breach.
During the 30 day cure period, the Parties shall discuss, in good faith, the manner in which the
breach can be cured.
3.9.2.2 Effect of Termination for Cause. In the event that the City terminates
this Agreement in response to RCTC's uncured material breach hereof, RCTC shall, within 90 days,
distribute to the City MARA Funds in an amount equal to the aggregate total of all unpaid invoices
which have been received from the City regarding the Work at the time of the notice of termination.
In the event that RCTC terminates this Agreement in response to the City's uncured material breach
hereof, the City shall, within 180 days, repay to RCTC in full all MARA Funds provided to the City
under this Agreement. Notwithstanding termination of this Agreement by RCTC pursuant to this
Section 3.9.2.2, RCTC shall be entitled to exercise its rights under Section 3.14.2, including but not
limited to conducting a review of the invoices and requesting additional information. This
Agreement shall terminate upon receipt by the terminating party of the amounts due it under this
Section 3.9.2.2.
3.9.3 Cumulative Remedies. The rights and remedies of the Parties provided in this
Section are in addition to any other rights and remedies provided by law or under this Agreement.
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3.10 Prevailing Wages. The City and any other person or entity hired to perform services
on the Work are alerted to the requirements of California Labor Code Sections 1770 et seq., which
would require the payment of prevailing wages were the services or any portion thereof determined
to be a public work, as defined therein. The City shall ensure compliance with these prevailing wage
requirements by any person or entity hired to perform the Work. The City shall defend, indemnify,
and hold harmless RCTC, its officers, employees, consultants, and agents from any claim or liability,
including without limitation attorneys, fees, arising from its failure or alleged failure to comply with
California Labor Code Sections 1770 et seq.
3.11 Progress Reports. RCTC may request the City to provide RCTC with progress
reports concerning the status of the Work.
3.12 Indemnification.
3.12.1 City Responsibilities. In addition to the indemnification required under
Section 3.10, the City agrees to indemnify and hold harmless RCTC, its officers, agents, consultants,
and employees from any and all claims, demands, costs or liability arising from or connected with all
activities governed by this Agreement including all design and construction activities, due to any act
of the City or its subcontractors whatsoever, regardless of fault, including negligent acts, errors or
omissions or willful misconduct, except that caused by the sole negligence of RCTC. The City will
reimburse RCTC for any expenditures, including reasonable attorneys’ fees, incurred by RCTC, in
defending against claims ultimately determined to be due to any act of the City or its subcontractors
whatsoever, regardless of fault, including negligent acts, errors or omissions or willful misconduct,
except that caused by the sole negligence of RCTC.
3.12.2 Effect of Acceptance. The City shall be responsible for the professional
quality, technical accuracy and the coordination of any services provided to complete the Work.
RCTC’s review, acceptance or funding of any services performed by the City or any other person or
entity under this agreement shall not be construed to operate as a waiver of any rights RCTC may
hold under this Agreement or of any cause of action arising out of this Agreement. Further, the City
shall be and remain liable to RCTC, in accordance with appli cable law, for all damages to RCTC
caused by the City’s performance of this Agreement or supervision of any services provided to
complete the Work.
3.13 Insurance. The City shall require, at a minimum, all persons or entities hired to
perform the Work to obtain, and require their subcontractors to obtain, insurance of the types and in
the amounts described below and satisfactory to the City and RCTC. Such insurance shall be
maintained throughout the term of this Agreement, or until completion of the Work, whichever
occurs last.
3.13.1 Commercial General Liability Insurance. Occurrence version commercial
general liability insurance or equivalent form with a combined single limit of not less than
$2,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply
separately to the Work or be no less than two times the occurrence limit. Such insurance shall:
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3.13.1.1 Name RCTC and City, and their respective officials, officers,
employees, agents, and consultants as insured with respect to performance of the services on the
Work and shall contain no special limitations on the scope of coverage or the protection afforded to
these insured;
3.13.1.2 Be primary with respect to any insurance or self insurance
programs covering RCTC and City, and/or their respective officials, officers, employees, agents, and
consultants; and
3.13.1.3 Contain standard separation of insured provisions.
3.13.2 Business Automobile Liability Insurance. Business automobile liability
insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per
occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles.
3.13.3 Professional Liability Insurance. Errors and omissions liability insurance with
a limit of not less than $1,000,000.00 Professional liability insurance shall only be required of design
or engineering professionals.
3.13.4 Workers’ Compensation Insurance. Workers’ compensation insurance with
statutory limits and employers’ liability insurance with limits of not less than $1,000,000.00 each
accident.
3.14 Procedures for Distribution of MARA Funds to City.
3.14.1 Initial Payment by the City. The City shall be responsible for initial payment
of all the Work costs as they are incurred. Following payment of such Work costs, and after all other
construction fund sources have been expended, the City shall submit invoices to RCTC requesting
reimbursement of eligible Work costs. Each invoice shall be accompanied by detailed contractor
invoices, or other demands for payment addressed to the City, and documents evidencing the City’s
payment of the invoices or demands for payment. The City shall submit invoices not more often
than monthly and not less often than quarterly.
3.14.2 Review and Reimbursement by RCTC. Upon receipt of an invoice from the
City, RCTC may request additional documentation or explanation of the Work costs for which
reimbursement is sought. Undisputed amounts shall be paid by RCTC to the City within thirty (30)
days. In the event that RCTC disputes the eligibility of the City for reimbursement of all or a portion
of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute. If the
meet and confer process is unsuccessful in resolving the dispute, the City may appeal RCTC’s
decision as to the eligibility of one or more invoices to RCTC’s Executive Director. The City may
appeal the decision of the Executive Director to the full RCTC Board, the decision of which shall be
final. Additional details concerning the procedure for the City’s submittal of invoices to RCTC and
RCTC’s consideration and payment of submitted invoices are set forth in Exhibit “C”, attached
hereto.
3.14.3 Funding Amount/Adjustment. If a post Work audit or review indicates that
RCTC has provided reimbursement to the City in an amount in excess of the maximum MARA
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Funds provided for in section 3.2 of this Agreement, or has provided reimbursement of ineligible
Work costs, the City shall reimburse RCTC for the excess or ineligible payments within 30 days of
notification by RCTC.
3.15 Work Amendments. Changes to the characteristics of the Work, including the
deadline for Work completion, and any responsibilities of the City or RCTC may be requested in
writing by the City and are subject to the approval of RCTC’s Representative, which approval will
not be unreasonably withheld, provided that extensions of time for completion of the Work shall be
approved in the sole discretion of RCTC’s Representative. Nothing in this Agreement shall be
construed to require or allow completion of the Work without full compliance with the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; “CEQA”) but the
necessity of compliance with CEQA shall not justify, excuse, or permit a delay in completion of the
Work.
3.16 Conflict of Interest. For the term of this Agreement, no member, officer or employee
of the City or RCTC, during the term of his or her service with the City or RCTC, as the case may
be, shall have any direct interest in this Agreement, or obtain any present or anticipated material
benefit arising therefrom.
3.17 Limited Scope of Duties. RCTC’s and the City’s duties and obligations under this
Agreement are limited to those described herein. RCTC has no obligation with respect to the safety
of any Work performed at a job site. In addition, RCTC shall not be liable for any action of City or
its contractors relating to the condemnation of property undertaken by City or construction related to
the Work.
3.18 Books and Records. Each party shall maintain complete, accurate, and clearly
identifiable records with respect to costs incurred for the Work under this Agreement. They shall
make available for examination by the other party, its authorized agents, officers or employees any
and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or
documents evidencing or related to the expenditures and disbursements charged to the other party
pursuant to this Agreement. Further, each party shall furnish to the other party, its agents or
employees such other evidence or information as they may require with respect to any such expense
or disbursement charged by them. All such information shall be retained by the Parties for at least
three (3) years following termination of this Agreement, and they shall have access to such
information during the three-year period for the purposes of examination or audit.
3.19 Equal Opportunity Employment. The Parties represent that they are equal
opportunity employers and they shall not discriminate against any employee or applicant of
reemployment because of race, religion, color, national origin, ancestry, sex or age. Such non-
discrimination shall include, but not be limited to, all activities related to initial employment,
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
3.20 Governing Law. This Agreement shall be governed by and construed with the laws
of the State of California. Venue shall be in Riverside County.
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3.21 Attorneys’ Fees. If either party commences an action against the other party 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 costs of suit.
3.22 Time of Essence. Time is of the essence for each and every provision of this
Agreement.
3.23 Headings. Article and Section Headings, paragraph captions or marginal headings
contained in this Agreement are for convenience only and shall have no effect in the construction or
interpretation of any provision herein.
3.24 Notification. All notices hereunder and communications regarding interpretation of
the terms of the Agreement or changes thereto shall be provided by the mailing thereof by registered
or certified mail, return receipt requested, postage prepaid and addressed as follows:
CITY OF CORONA RCTC
400 S. Vicentia Avenue Riverside County Transportation Commission
Corona, CA 92882 4080 Lemon, 3rd Floor
Mailing address: P.O. Box 12008
Riverside, CA 92501
ATTN: Public Works Director ATTN: Executive Director
Any notice so given shall be considered served on the other party three (3) days after deposit
in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the party at its
applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred
regardless of the method of service.
3.25 Conflicting Provisions. In the event that provisions of any attached appendices or
exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and
conditions contained in this Agreement shall control the actions and obligations of the Parties and
the interpretation of the Parties’ understanding concerning the performance of the Services.
3.26 Contract Amendment. In the event that the Parties determine that the provisions of
this Agreement should be altered, the Parties may execute a contract amendment to add any
provision to this Agreement, or delete or amend any provision of this Agreement. All such contract
amendments must be in the form of a written instrument signed by the original signatories to this
Agreement, or their successors or designees.
3.27 Entire Agreement. This Agreement constitutes the entire agreement between the
Parties relating to the subject matter hereof and supersedes any previous agreements or
understandings.
3.28 No Waiver. Failure of RCTC 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
165
9
any one time or more times be deemed a waiver or relinquishment of such other right or power at
any other time or times.
3.29 Validity of Agreement. The invalidity in whole or in part of any provision of this
Agreement shall not void or affect the validity of any other provision of this Agreement.
3.30 Independent Contractors. Any person or entities retained by the City or any
contractor shall be retained on an independent contractor basis and shall not be employees of RCTC.
Any personnel performing services on the Work shall at all times be under the exclusive direction
and control of the City or contractor, whichever is applicable. The City or contractor shall pay all
wages, salaries and other amounts due such personnel in connection with their performance of
services on the Work and as required by law. The City or consultant shall be responsible for all
reports and obligations respecting such personnel, including, but not limited to: social security taxes,
income tax withholding, unemployment insurance and workers’ compensation insurance.
3.31 Survival. All rights and obligations hereunder that by their nature are to be performed
after any expiration or termination of this Agreement shall survive any such expiration or
termination.
3.32 No Third Party Beneficiaries. There are no intended third party beneficiaries of any
right or obligation assumed by the Parties.
3.33 Counterparts. This Agreement may be signed in counterparts, each of which shall
constitute an original.
3.34 Electronically Transmitted 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.
[Signatures on following page]
166
10
SIGNATURE PAGE
TO
AGREEMENT FOR THE FUNDING OF
MEASURE A REGIONAL ARTERIAL IMPROVEMENTS
RIVERSIDE COUNTY CITY OF CORONA
TRANSPORTATION COMMISSION
By: By: ________________________
Anne Mayer, Savat Khamphou,
Executive Director Public Works Director
ATTEST:
By: ________________________
(Name), City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: _________________________________ By: _________________________
Best, Best & Krieger (Name, Title)
Counsel to the Riverside County
Transportation Commission
167
Exhibit A
EXHIBIT “A”
SCOPE OF WORK,
FUNDING AND TIMETABLE
SCOPE OF WORK: The McKinley Street Grade Separation Project will build a four-lane bridge
to elevate McKinley Street over the BNSF Railway railroad tracks and Arlington Channel.
The portions of the Project to be funded under this Agreement are the right of way and construction
phases for the Project.
FUNDING:
FUND SOURCE RIGHT OF WAY CONSTRUCTION TOTAL
MARA $2,400,000 $10,540,000 $12,940,000
Local Measure A 2,000,000* 2,000,000
SB 132 25,000,000 36,334,270.57 61,334,270.57
TCEP 10,300,000 10,300,000
CPUC Section 190 5,000,000 5,000,000
WMWD
Reimbursement
1,240,000 1,240,000
HRCSA 2,876,000 2,876,000
City DIF
Streets/Signals
1,000,000 1,000,000
City DIF Drainage 1,000,000 1,000,000
RMRA 500,000 500,000
Gas Tax 500,000* 500,000
BNSF 3,810,000* 3,810,000
TOTAL $27,400,000 $75,100,270 $102,500,270
*Some or all of these funds are anticipated for expenditure on construction management,
program management, and/or legal services beyond the SB 132 statutory expenditure deadline of
June 30, 2023.
TIMETABLE:
PHASE START
DATE
END
DATE
COMMENTS
Right of
Way
01/31/2019 06/01/2024 All possession has been secured and certification per
Caltrans Standards achieved 09/01/2021; however,
parcels may not achieve settlements or final orders of
condemnation until 06/01/2024
Construction 12/06/2021 01/08/2024 520 Working Days
168
Exhibit B
EXHIBIT “B”
PROJECT LOCATION MAP
169
Exhibit C
EXHIBIT “C”
PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES
1. RCTC recommends that the City incorporate Exhibit “C-1” into its contracts with any
subcontractors to establish a standard method for preparation of invoices by contractors to
the City and ultimately to RCTC for reimbursement of City contractor costs.
2. Each month the City shall submit an invoice for eligible Work costs incurred during the
preceding month. The original invoice shall be submitted to RCTC’s Executive Director
with a copy to RCTC’s Project Coordinator. Each invoice shall be accompanied by a cover
letter in a format substantially similar to that of Exhibit “C-2”.
3. Each invoice shall include documentation from each contractor used by the City for the
Work, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also
include a monthly progress report and spreadsheets showing the hours or amounts expended
by each contractor or consultant for the month and for the entire Work to date. A sample
progress report is attached as Exhibits “C-4”. All documentation from the City’s contractors
should be accompanied by a cover letter in a format substantially similar to that of Exhibit
“C-3”.
4. If the City is seeking reimbursement for direct expenses incurred by City staff for eligible
Work costs, the City shall detail the same level of information for its labor and any expenses
in the same level of detail as required of contractors pursuant to Exhibit “C” and its
attachments.
5. Charges for each task and milestone listed in Exhibit “A” shall be listed separately in the
invoice.
6. Each invoice shall include a certification signed by the City Representative or his or her
designee which reads as follows:
“I hereby certify that the hours and salary rates submitted for reimbursement in this invoice
are the actual hours and rates worked and paid to the consultants or contractors listed.
Signed ________________________________
Title __________________________________
Date __________________________________
Invoice No. ____________________________
170
Exhibit C
7. RCTC will pay the City within 30 days after receipt by the Commission of an invoice. If
RCTC disputes any portion of an invoice, payment for that portion will be withheld, without
interest, pending resolution of the dispute, but the uncontested balance will be paid.
8. The final payment under this Agreement will be made only after: (i) the City has obtained a
Release and Certificate of Final Payment from each contractor or consultant used on the
Work; (ii) the City has executed a Release and Certificate of Final Payment; and (iii) the City
has provided copies of each such Release to RCTC.
171
Exhibit “C-1”
EXHIBIT “C-1”
ELEMENTS OF COMPENSATION
For the satisfactory performance and completion of the Work under this Agreement, City will
pay the Consultant compensation as set forth herein. The total compensation for this service shall
not exceed (_____INSERT WRITTEN DOLLAR AMOUNT___) ($___INSERT NUMERICAL
DOLLAR AMOUNT___) without written approval of City’s Engineer (“Total Compensation”).
1. ELEMENTS OF COMPENSATION.
Compensation for the Work will be comprised of the following elements: 1.1 Direct Labor
Costs; 1.2 Fixed Fee; and 1.3 Additional Direct Costs.
1.1 DIRECT LABOR COSTS.
Direct Labor costs shall be paid in an amount equal to the product of the Direct
Salary Costs and the Multiplier which are defined as follows:
1.1.1 DIRECT SALARY COSTS
Direct Salary Costs are the base salaries and wages actually paid to the
Consultant's personnel directly engaged in performance of the Work under
the Agreement. (The range of hourly rates paid to the Consultant's personnel
appears in Section 2 below.)
1.1.2 MULTIPLIER
The Multiplier to be applied to the Direct Salary Costs to determine the
Direct Labor Costs is _________________, and is the sum of the following
components:
1.1.2.1 Direct Salary Costs ____________________
1.1.2.2 Payroll Additives ____________________
The Decimal Ratio of Payroll Additives to Direct Salary Costs. Payroll Additives
include all employee benefits, allowances for vacation, sick leave, and
holidays, and company portion of employee insurance and social and
retirement benefits, all federal and state payroll taxes, premiums for
insurance which are measured by payroll costs, and other contributions and
benefits imposed by applicable laws and regulations.
172
Exhibit “C-1”
1.1.2.3 Overhead Costs ____________________
The Decimal ratio of Allowable Overhead Costs to the Consultant Firm's
Total Direct Salary Costs. Allowable Overhead Costs include general,
administrative and overhead costs of maintaining and operating established
offices, and consistent with established firm policies, and as defined in the
Federal Acquisitions Regulations, Part 31.2.
Total Multiplier ____________________
(sum of 1.1.2.1, 1.1.2.2, and 1.1.2.3)
1.2 FIXED FEE.
1.2.1 A Fixed Fee of _______________ shall be paid to Consultant for Consultant’s
complete and satisfactory performance of this Agreement and all Services required.
The Fixed Fee shall be paid in monthly installments based upon the percentage of the
Services completed at the end of each billing period, as determined in the sole
discretion of the City. Consultant shall not be entitled to and shall forfeit any portion
of the Fixed Fee not earned as provided herein.
1.2.2 A pro-rata share of the Fixed Fee shall be applied to the total Direct Labor Costs
expended for services each month, and shall be included on each monthly invoice.
1.3 ADDITIONAL DIRECT COSTS.
Additional Direct Costs directly identifiable to the performance of the services of this
Agreement shall be reimbursed at the rates below, or at actual invoiced cost.
Rates for identified Additional Direct Costs are as follows:
ITEM REIMBURSEMENT RATE
[___insert charges___]
Per Diem $ /day
Car mileage $ /mile
Travel $ /trip
Computer Charges $ /hour
Photocopies $ /copy
Blueline $ /sheet
LD Telephone $ /call
Fax $ /sheet
Photographs $ /sheet
Travel by air and travel in excess of 100 miles from the Consultant's office nearest to City’s
office must have City’s prior written approval to be reimbursed under this Agreement.
173
Exhibit “C-1”
2. DIRECT SALARY RATES
Direct Salary Rates, which are the range of hourly rates to be used in determining Direct
Salary Costs in Section 1.1.1 above, are given below and are subject to the following:
2.1 Direct Salary Rates shall be applicable to both straight time and overtime work,
unless payment of a premium for overtime work is required by law, regulation or
craft agreement, or is otherwise specified in this Agreement. In such event, the
premium portion of Direct Salary Costs will not be subject to the Multiplier defined
in Paragraph 1.1.2 above.
2.2 Direct Salary Rates shown herein are in effect for one year following the effective
date of the Agreement. Thereafter, they may be adjusted annually to reflect the
Consultant's adjustments to individual compensation. The Consultant shall notify
City in writing prior to a change in the range of rates included herein, and prior to
each subsequent change.
POSITION OR CLASSIFICATION RANGE OF HOURLY RATES
[___sample___]
Principal $ .00 - $ .00/hour
Project Manager $ .00 - $ .00/hour
Sr. Engineer/Planner $ .00 - $ .00/hour
Project Engineer/Planner $ .00 - $ .00/hour
Assoc. Engineer/Planner $ .00 - $ .00/hour
Technician $ .00 - $ .00/hour
Drafter/CADD Operator $ .00 - $ .00/hour
Word Processor $ .00 - $ .00/hour
2.3 The above rates are for the Consultant only. All rates for subconsultants to the
Consultant will be in accordance with the Consultant's cost proposal.
3. INVOICING.
3.1 Each month the Consultant shall submit an invoice for Work performed during the
preceding month. The original invoice shall be submitted to City’s Engineer with
two (2) copies to City’s Project Coordinator.
3.2 Charges shall be billed in accordance with the terms and rates included herein, unless
otherwise agreed in writing by City’s Representative.
3.3 Base Work and Extra Work shall be charged separately, and the charges for each task
and Milestone listed in the Scope of Work, shall be listed separately. The charges for
174
Exhibit “C-1”
each individual assigned by the Consultant under this Agreement shall be listed
separately on an attachment to the invoice.
3.4 A charge of $500 or more for any one item of Additional Direct Costs shall be
accompanied by substantiating documentation satisfactory to City such as invoices,
telephone logs, etc.
3.5 Each copy of each invoice shall be accompanied by a Monthly Progress Report and
spreadsheets showing hours expended by task for each month and total project to
date.
3.6 Each invoice shall indicate payments to DBE subconsultants or supplies by dollar
amount and as a percentage of the total invoice.
3.7 Each invoice shall include a certification signed by the Consultant's Representative
or an officer of the firm which reads as follows:
I hereby certify that the hours and salary rates charged in this invoice
are the actual hours and rates worked and paid to the employees
listed.
Signed _____________________________
Title _____________________________
Date _____________________________
Invoice No. _____________________________
4. PAYMENT
4.1 City shall pay the Consultant within four to six weeks after receipt by City of an
original invoice. Should City contest any portion of an invoice, that portion shall be
held for resolution, without interest, but the uncontested balance shall be paid.
The final payment for Work under this Agreement will be made only after the Consultant has
executed a Release and Certificate of Final Payment.
175
Exhibit “C-2”
EXHIBIT “C-2”
Sample Cover Letter to RCTC
Date
Ms. Anne Mayer
Executive Director
Riverside County Transportation Commission
4080 Lemon Street, 3rd Floor
Riverside, CA 92501
ATTN: Accounts Payable
Re: Project Title - Invoice #__
Enclosed for your review and payment approval is the City of _____________’s invoice for
professional and technical services that was rendered by our contractors in connection with the
_______________ Agreement No. ________ effective (Month/Day/Year). The required support
documentation received from each contractor is included as backup to the invoice.
Invoice period covered is from Month/Date/Year to Month/Date/Year.
Total Authorized Agreement Amount: $0,000,000.00
Total Invoiced to Date: $0,000,000.00
Total Previously Invoiced: $0,000,000.00
Balance Remaining: $0,000,000.00
Amount due this Invoice: $0,000,000.00
===========
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked
and paid to the contractors listed.
By: _____________________________
Name
Title
cc:
176
Exhibit “C-3”
EXHIBIT “C-3”
Sample Letter from Contractor to City/County
Month/Date/Year
______________
______________
______________
Attn: Accounts Payable Invoice #____________
For [type of services] rendered by [contractor name] in connection with [name of project] This is
per agreement No. XX-XX-XXX effective Month/Date/Year.
Invoice period covered is from Month/Date/Year to Month/Date/Year.
Total Base Contract Amount: $000,000.00
Authorized Extra Work (if Applicable) $000,000.00
------------------
TOTAL AUTHORIZED CONTRACT AMOUNT: $000,000.00
Total Invoice to Date: $000,000.00
Total Previously Billed: $000,000.00
Balance Remaining: $000,000.00
Amount Due this Invoice: $000,000.00
==========
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked
and paid to the employees listed,
By: ____________________
Name
Title
177
Exhibit C-4
EXHIBIT C-4
Sample Progress Report
REPORTING PERIOD: Month/Date/Year to Month/Date/Year
PROGRESS REPORT: #1
A. Activities and Work Completed during Current Work Periods
TASK 01 – 100% PS&E SUBMITTAL
1. Responded to Segment 1 comments from Department of Transportation
2. Completed and submitted Segment 1 final PS&E
B. Current/Potential Problems Encountered & Corrective Action
Problems Corrective Action
None None
C. Work Planned Next Period
TASK 01 – 100% PS&E SUBMITTAL
1. Completing and to submit Traffic Signal and Electrical Design plans
2. Responding to review comments
178
AGENDA ITEM 9
Agenda Item 9
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: November 10, 2021
TO: Riverside County Transportation Commission
FROM: Lisa Mobley, Administrative Services Manager/Clerk of the Board
THROUGH: Anne Mayer, Executive Director
SUBJECT: AB 361 Determination
STAFF RECOMMENDATION:
This item is for the Commission to:
1)Adopt Resolution No. 21-020, “A Resolution of the Board of Commissioner of the
Riverside County Transportation Commission Authorizing Virtual Board and
Committee Meetings Pursuant to AB 361”; and
2)Discuss and provide direction on whether to continue holding virtual meetings with the
flexibility to revisit the matter on a monthly basis.
BACKGROUND INFORMATION:
Since the onset of the COVID-19 in early 2020, California government agencies have been able to
continue to discharge their legal responsibilities through the use of virtual teleconferencing
platforms such as Zoom to hold public meetings that enabled agencies to meet and conduct
business, comply with social distancing orders and most importantly, provide access to the
public. In many cases, virtual meetings have actually enhanced public participation, particularly
in larger counties including Riverside County where traveling to a public meeting can be
inconvenient or require traveling a long distance. Both the RCA and RCTC have been meeting on
Zoom since March of 2020, when many Executive Orders were issued by Governor Newsom in
response to the pandemic. One such order altered Brown Act requirements to allow for virtual
meetings.
Although transmission, hospitalization and death rates from COVID-19 have sharply declined
since the original onset of the pandemic and subsequent Delta Variant surge, an air or uncertainty
remains regarding the pandemic and many counties continue to recommend masking inside and
social distancing. Given that environment and a desire to continue allowing for the flexibility of
holding virtual meetings, the Legislature recently approved, and Governor Newsom signed,
Assembly Bill 361 to temporarily allow for virtual meeting under proscribed circumstances.
AB 361
Effective immediately, AB 361 amends the Brown Act to allow local legislative bodies to continue
using teleconferencing and virtual meeting technology in certain circumstances. Under the Bill,
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Agenda Item 9
legislative bodies can continue to meet remotely as long as there is a “proclaimed state of
emergency” and the Commission can make either of the following findings: (a) state or local
officials have imposed or recommended measures to promote social distancing or (b) whether
as a result of the emergency, meeting in person would present imminent risks to the health or
safety of attendees.
The Governor proclaimed a State of Emergency on March 4, 2020 related to the COVID-19
pandemic, which State of Emergency continues to exist to this day. Further, both State and
Riverside County officials continue to recommend the social distancing.
AB 361 requires specific procedural safeguards for the public. To accommodate individuals
during these teleconferences and virtual meetings, a public comment period will be offered
where the public can address the legislative body directly in real time. Additionally, public
comments will be allowed up until the public comment period is closed at the meetings. The
agenda will include information on the manner in which the public may access the meeting and
provide comments remotely. If technical problems arise that result in the public’s access being
disrupted, the legislative body will not take any vote or other official action until the technical
disruption is corrected and public access is restored.
The attached Resolution allows the Board to implement AB 361 by making the findings discussed
above. This findings will be in effect for 30 days or until the Board makes findings that the
conditions listed therein long longer exist, whichever is shorter. The findings can be extended by
the Board upon a finding that conditions supporting the findings included in the Resolution still
exist. The authorization to meet remotely will apply to any Committees that meet during the 30-
day effective period.
AB 361 will allow for virtual meetings during other state-proclaim emergencies, such as
earthquakes or wildfires, where physical attendance may present a risk. AB 361 is scheduled to
sunset January 1, 2024.
STAFF RECOMMENDATION:
Staff recommends the approval of the attached resolution to allow for the flexibility of holding
virtual meetings for the next 30 days as permitted by AB 361. This would apply to all of the
agency’s committee meetings as well as the main Commission meetings. One key benefit of
adopting the resolution is that the matter must be revisited every month and approving the
resolution does not bind the agency to hold a virtual meeting, but merely provides the authority
to do so if it is the direction of the board itself.
Staff recommends a board discussion and direction on whether to conduct virtual meetings
in future months.
Attachment: Resolution No. 21-020
180
RESOLUTION NO. 21-020
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE RIVERSIDE COUNTY
TRANSPORTATION COMMISSION AUTHORIZING VIRTUAL BOARD AND
COMMITTEE MEETINGS PURSUANT TO AB 361
WHEREAS, the Riverside County Transportation Commission (“Commission”) is
committed to preserving and nurturing public access and participation in meetings of the Board
of Commissioners, Executive Committee, Budget and Implementation Committee, and Western
Riverside County Programs and Projects Committee; and
WHEREAS, all meetings of the Commission’s legislative bodies, including its Board of
Commissioners, Executive Committee, Budget and Implementation Committee, and Western
Riverside County Programs and Projects Committee are open and public, as required by the Ralph
M. Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend and
participate in the Authority’s meetings; and
WHEREAS, starting in March 2020, in response to the spread of COVID-19 in the State of
California, the Governor issued a number of executive orders aimed at containing the COVID-19
virus; and
WHEREAS, among other things, these orders waived certain requirements of the Brown
Act to allow legislative bodies to meet virtually; and
WHEREAS, pursuant to the Governor’s executive orders, the Commission has been
holding virtual meetings during the pandemic in the interest of protecting the health and safety
of the public, Commission staff and Commissioners; and
WHEREAS, the Governor’s executive order related to the suspension of certain provisions
of the Brown Act expired on September 30, 2021; and
WHEREAS, on September 16, 2021 the Governor signed AB 361 (in effect as of October 1,
2021 – Government Code Section 54953(e)), which allows legislative bodies to meet virtually
provided there is a state of emergency, and either (1) state or local officials have imposed or
recommended measures to promote social distancing; or (2) the legislative body determines by
majority vote that meeting in person would present imminent risks to the health and safety of
attendees; and
WHEREAS, such conditions now exist in the Commission, specifically, a state of
emergency has been proclaimed related to COVID-19 and state or local officials are
recommending measures to promote social distancing,
181
NOW, THEREFORE, BE IT RESOLVED THAT THE RIVERSIDE COUNTY TRANSPORTATION
COMMISSION DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals. The Recitals set forth above are true and correct and are
incorporated into this Resolution by this reference.
Section 2. Findings. Consistent with the provisions of Government Code Section
54953(e), the Board of Commissioners finds and determines that (1) a state of emergency related
to COVID-19 is currently in effect and (2) state or local officials have recommended measures to
promote social distancing in connection with COVID-19.
Section 3. Remote Teleconference Meetings: Based on the findings and
determinations included herein, the Board of Commissioners authorizes and directs any of its
legislative bodies, including without limitation its Board of Commissioners, Executive Committee,
Budget and Implementation Committee, Western Riverside County Programs and Projects
Committee, Technical Advisory Committee, and Citizens and Specialized Transit Advisory
Committee to conduct remote teleconference meetings under the provisions of Government
Code Section 54953(e) and that such bodies shall provide public access to their meetings as
provided in Section 54953(e).
Section 4. Effective Date of Resolution. This Resolution shall take effect upon
adoption and shall be effective for 30 days unless earlier extended by a majority vote of the Board
of Commissioners in accordance with Section 5 of this Resolution.
Section 5. Extension by Motion. The Board of Commissioners may extend the
application of this Resolution by motion and majority vote by up to 30 days at a time, provided
that it makes all necessary findings consistent with and pursuant to the requirements of Section
54953(e)(3). Any such extension may be made before or after the expiration of the preceding
30 day period.
PASSED AND ADOPTED by the Board of Commissioners of the Riverside County Transportation
Commission this 10th day of November 2021, by the following vote:
APPROVED AND ADOPTED this 10th day of November, 2021.
_____________________________________
Jan C. Harnik, Chair
Riverside County Transportation Commission
ATTEST:
_________________________________
Lisa Mobley, Clerk of the Board
Riverside County Transportation Commission
182
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
ROLL CALL
NOVEMBER 10, 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, Administrative Services Manager/Clerk of the Board
DATE: November 3, 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. 6F - Amendment to the 91 Express Lanes Operator Agreement
Consultant(s): Cofiroute USA, LLC
Tawnya Freund, COO
200 Spectrum Center Drive, Suite 1650
Irvine, CA 92618
Agenda Item No. 6G - Agreement for Landscape Maintenance Services for the Commission-Owned
Commuter Rail Stations and Toll Facilities
Consultant(s): Tropical Plaza Nursery, Inc.
Leslie T. Fields, President
9642 Santiago Boulevard
Villa Park, CA 92861