HomeMy Public PortalAbout04 April 24, 2023 Western Riverside County Programs and Projects
MEETING AGENDA
Western Riverside County Programs and Projects Committee
Time: 1:30 p.m.
Date: April 24, 2023
Location: BOARD ROOM - County of Riverside Administration Center
4080 Lemon St, First Floor, Riverside, CA 92501
TELECONFERENCE SITE
LARGE CONFERENCE ROOM – French Valley Airport
37600 Sky Canyon Drive, Murrieta, CA 92563
COMMITTEE MEMBERS
Brian Berkson, Chair/Armando Carmona, City of Jurupa Valley
Wes Speake, Vice Chair / Jim Steiner, City of Corona
Sheri Flynn / Rick Minjares, City of Banning
Clint Lorimore / Todd Rigby, City of Eastvale
Linda Krupa / Malcolm Lilienthal, City of Hemet
Bill Zimmerman / Dean Deines, City of Menifee
Berwin Hanna / Katherine Aleman, City of Norco
Michael Vargas / Rita Rogers, City of Perris
Chuck Conder / Patricia Lock Dawson, City of Riverside
Joseph Morabito, / Ashlee DePhillippo, City of Wildomar
Kevin Jeffries, County of Riverside, District I
Karen Spiegel, County of Riverside, District II
STAFF
Anne Mayer, Executive Director
Aaron Hake, Deputy Executive Director
AREAS OF RESPONSIBILITY
Air Quality, Capital Projects, Communications and
Outreach Programs, Intermodal Programs, Motorist
Services, New Corridors, Regional Agencies/Regional
Planning, Regional Transportation Improvement Program
(RTIP), Specific Transit Projects, State Transportation
Improvement Program (STIP)
Transportation Uniform Mitigation Fee (TUMF)
Program, and Provide Policy Direction on
Transportation Programs and Projects related to
Western Riverside County and other areas as
may be prescribed by the Commission.
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE
www.rctc.org
AGENDA*
*Actions may be taken on any item listed on the agenda
1:30 p.m.
Monday, April 24, 2023
BOARD ROOM
County Administrative Center
4080 Lemon Street, First Floor
Riverside, California
TELECONFERENCE SITE
LARGE CONFERENCE ROOM
French Valley Airport
37600 Sky Canyon Drive
Murrieta, California
In compliance with the Brown Act and Government Code Section 54957.5, agenda materials distributed 72
hours prior to the meeting, which are public records relating to open session agenda items, will be available for
inspection by members of the public prior to the meeting at the Commission office, 4080 Lemon Street, Third
Floor, Riverside, CA, and on the Commission’s website, www.rctc.org.
In compliance with the Americans with Disabilities Act, Government Code Section 54954.2, and the Federal
Transit Administration Title VI, please contact the Clerk of the Board at (951) 787-7141 if special assistance is
needed to participate in a Commission meeting, including accessibility and translation services. Assistance is
provided free of charge. Notification of at least 48 hours prior to the meeting time will assist staff in assuring
reasonable arrangements can be made to provide assistance at the meeting.
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
Western Riverside County Programs and Projects Committee
April 24, 2023
Page 2
4. PUBLIC COMMENTS – Each individual speaker is limited to speak three (3) continuous minutes
or less. The Committee may, either at the direction of the Chair or by majority vote of the
Committee, waive this three minute time limitation. Depending on the number of items on the
Agenda and the number of speakers, the Chair may, at his/her discretion, reduce the time of
each speaker to two (2) continuous minutes. Also, the Committee may terminate public
comments if such comments become repetitious. In addition, the maximum time for public
comment for any individual item or topic is thirty (30) minutes. Speakers may not yield their
time to others without the consent of the Chair. Any written documents to be distributed or
presented to the Committee shall be submitted to the Clerk of the Board. This policy applies
to Public Comments and comments on Agenda Items.
Under the Brown Act, the Board should not take action on or discuss matters raised during
public comment portion of the agenda which are not listed on the agenda. Board members
may refer such matters to staff for factual information or to be placed on the subsequent
agenda for consideration.
5. ADDITIONS/REVISIONS (The Committee may add an item to the Agenda after making a
finding that there is a need to take immediate action on the item and that the item came to
the attention of the Committee subsequent to the posting of the agenda. An action adding an
item to the agenda requires 2/3 vote of the Committee. If there are less than 2/3 of the
Committee members present, adding an item to the agenda requires a unanimous vote.
Added items will be placed for discussion at the end of the agenda.)
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 – MARCH 27, 2023
Page 1
7. AGREEMENT FOR COMPLETION OF PROJECT APPROVAL/ENVIRONMENTAL DOCUMENT FOR
THE STATE ROUTE 91 EASTBOUND CORRIDOR OPERATIONS PROJECT
Page 12
Overview
This item is for the Committee to recommend the Commission take the following action(s):
1) Award Agreement No. 23-31-041-00 with Parsons Transportation Group, Inc. (Parsons)
to provide project approval/environmental document (PA/ED) for the State Route 91
Eastbound Corridor Operations Project (ECOP) in the amount of $3,464,514, plus a
contingency amount of $346,451, for a total amount not to exceed $3,810,965;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, execute
the agreement on behalf of the Commission; and
3) Authorize the Executive Director, or designee, to approve contingency work up to the
total not to exceed amount as required for these services.
Western Riverside County Programs and Projects Committee
April 24, 2023
Page 3
8. AGREEMENT FOR ON-CALL RAILWAY FLAGGING SERVICES FOR THE RIVERSIDE COUNTY
TRANSPORTATION COMMISSION’S HIGHWAY AND EXPRESSWAY PROJECTS ENCROACHING
IN BURLINGTON NORTHERN SANTA FE
Page 85
Overview
This item is for the Committee to recommend the Commission take the following action(s):
1) Award Agreement No. 23-31-061-00 to RailPros, Inc., to provide on-call Railway
Flagging Services for Riverside County Transportation Commission’s (RCTC) current
and future highway and/or expressway projects or activities of the Commission within
the right of way owned or operated by Burlington Northern Santa Fe (BNSF), for a
three-year term, and one, two-year option to extend the agreement, in an amount not
to exceed $2,400,000; and
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute
the agreement and optional two-year term on behalf of the Commission.
9. APPROVAL OF VANCLUB VANPOOL PROGRAM SUBSIDY INCREASE AND AMENDMENTS TO
LEASING VENDOR AGREEMENTS
Page 108
Overview
This item is for the Committee to recommend the Commission take the following action(s):
1) Approve VanClub program vanpool subsidy increase from $400 a month per vanpool
to $600 a month per vanpool, effective July 1, 2023;
2) Approve Agreement No. 21-41-021-01, Amendment No. 1 to Agreement
No. 21-41-021-00 with Airport Van Rental (AVR Vanpool) to revise the monthly subsidy
amount to $600, effective July 1, 2023, with no change to the term or agreement
amount;
3) Approve Agreement No. 18-41-038-02, Amendment No. 2 to Agreement
No. 18-41-038-00 with California Vanpool Authority (CalVans) to revise the monthly
subsidy amount to $600, effective July 1, 2023, with no change to the term or
agreement amount;
4) Approve Agreement No. 18-45-063-04, Amendment No. 4 to Agreement
No. 18-45-063-00 with Commute with Enterprise (Enterprise) to revise the monthly
subsidy amount to $600, effective July 1, 2023, with no change to the term or
agreement amount; and
5) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute
the agreements on behalf of the Commission.
Western Riverside County Programs and Projects Committee
April 24, 2023
Page 4
10. AGREEMENT FOR ELEVATOR MAINTENANCE, INSPECTION AND REPAIR SERVICES
Page 121
Overview
This item is for the Committee to recommend the Commission take the following action(s):
1) Approve Agreement No. 23-24-046-00 with Amtech Elevator Services to provide
elevator maintenance, inspection and repair services for a three-year term, and one,
two-year option to extend the agreement, in the amount of $400,000, plus a
contingency amount of $50,000, for a total amount not to exceed $450,000; and
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to finalize
and execute the agreement, on behalf of the Commission.
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 Western Riverside County Programs and Projects Committee meeting is scheduled
to be held at 1:30 p.m., Monday, May 22, 2023.
DETACH AND SUBMIT TO THE CLERK OF THE BOARD
DATE:
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AGENDA ITEM 6A
MINUTES
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE
Monday, March 27, 2023
MINUTES
1.CALL TO ORDER
The meeting of the Western Riverside County Programs and Projects Committee was
called to order by Vice Chair Wes Speake at 1:30 p.m. Teleconference Site: Large
Conference Room, French Valley Airport, 37600 Sky Canyon Drive, Murrieta, CA.
2.ROLL CALL
Members/Alternates Present Members Absent
Katherine Aleman Michael Vargas
Brian Berkson*
Chuck Conder
Sheri Flynn
Kevin Jeffries
Linda Krupa**
Clint Lorimore
Joseph Morabito
Wes Speake
Karen Spiegel
Bill Zimmerman**
*Joined the meeting after it was called to order.
**Joined the meeting at the French Valley teleconference location.
3.PLEDGE OF ALLEGIANCE
Commissioner Karen Spiegel led the Western Riverside County Programs and Projects
Committee in a flag salute.
4.PUBLIC COMMENTS
Arnold San Miguel, Southern California Association of Governments (SCAG), announced
that registration is open for the SCAG Regional Conference and General Assembly being
held on May 4-5, 2023, at the JW Marriot Desert Hot Springs Resort & Spa in Palm
Desert. Also, every four years, SCAG updates its visionary plan for the future of the
region, which is called Connect SoCal. This plan process is underway, and SCAG would
like to hear from everyone. The 2024 update of the plan will consider the needs of their
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diverse population and expected challenges due to climate change. Some of the
workshops that are in the Riverside and San Bernardino County areas include:
April 13 from 9:00 a.m. – 11:00 a.m. and 12:00 p.m. – 2:00 p.m. at the Historic Santa Fe
Depot Tile Room; May 2 from 12:00 p.m. – 3:00 p.m. and 4:00 p.m. – 6:00 p.m. at the
UC Riverside, Palm Desert, Rooms B114 and B117 and then on May 3 at the same
location from 9:00 a.m. – 11:00 a.m.; May 5 from 5:00 p.m. – 8:00 p.m. at the Connect
SoCal pop-up at Temecula Rod Run at Temecula Community Services; and May 8 from
12:00 p.m. – 3:00 p.m. at the Anthony Munoz Community Center in Ontario.
5. ADDITIONS/REVISIONS
There were no additions or revisions to the agenda.
M/S/C (Zimmerman/Lorimore) to approve the minutes as submitted.
6. APPROVAL OF MINUTES – FEBRUARY 27, 2023
7. AGREEMENT WITH THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
FOR THE INTERSTATE 15 CROSS-COUNTY TOLL SEGMENT
David Thomas, Project Delivery Director, noted that Sergio Vidal, Chief Financial Officer,
and Rick Grebner, Project Manager for Parsons, is available for questions also. He then
presented the Interstate 15 Cross-Country Toll Segment with the San Bernardino County
Transportation Authority (SBCTA), highlighting the following areas:
• Background information
o Location: Cantu-Galleano Ranch Road to Foothill Boulevard
o Scope: Two express lanes in each direction plus auxiliary lanes
Eight miles of Express Lanes extension
Two additional toll segments
$318 million Project ($118.7 million SB-1 TCEP Grant)
Ready to list by May 2023
Funding obligated by June 2023
o I-15 Cross-County Toll Segment
Three miles (two miles in Riverside County)
Southern limit: Cantu-Galleano Ranch Road
Northern limit: Jurupa Street
2.2 lane-miles of Commission 15 Express Lanes
Identified as the “Assigned Portion”
At this time, Chair Brian Berkson joined the meeting and took over the meeting as Chair.
• Cooperative agreement
o The Cooperative Agreement establishes cooperation and coordination
procedures and sets forth various responsibilities that will be crucial to
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ultimately provide for seamless operation of the 15 Express Lanes in
San Bernardino and Riverside Counties.
• Other agreements
o Partial Assignment/Assumption Agreement
o Second Supplemental Toll Revenue Indenture and Resolution
• Transportation Infrastructure Finance and Innovation Act (TIFIA) due diligence
review
• A figure of the 15 Express Lanes access improvements near Cantu-Galleano
Ranch Road
• Access improvements near Cantu-Galleano Ranch Road cost summary
• SBCTA reimbursement
Anne Mayer, Executive Director, explained the staff recommendation are the results of
more than three years-worth of negotiations between RCTC and SBCTA. She discussed
the county line issues for this express lane system and trying to figure out how one or
the other agency builds, operates, and maintains an express lane in another county.
The solution will allow for a seamless operation of the I-15 Express Lane, it is a
partnership between the two counties by RCTC agreeing to sublease this section of the
express lanes to SBCTA. It will make the operational and maintenance costs more cost
effective and they are made whole financially with the guaranteed reimbursements of
toll revenue, so there is no financial impact to RCTC. She noted they came up with a
complicated solution, but it is one that will work well for RCTC, SBCTA, and most
importantly for the traveling public.
Commissioner Clint Lorimore expressed appreciation to staff for all the hard work that
has gone into this. He referred to the operations side of it and asked if SBCTA will be
monitoring the tow trucks and the California Highway Patrol crossing the county line.
David Thomas replied yes, everything from Cantu-Galleano Ranch Road north will
become under SBCTA’s operation including the two miles within Riverside County. He
noted per the agreements they will be required to operate in the same fashion RCTC
operates so that it is a seamless and consistent operation.
In response to Commissioner Lorimore’s clarification about the systems as they had
discussed there were different operating systems and communications between them
and those issues were resolved, David Thomas replied SBCTA will have a different toll
service provider, which is TransCore and RCTC has Kapsch, they are different systems.
SBCTA will operate the systems they manage and RCTC will do the same, but to the
customer they should not know the difference between the two systems.
Anne Mayer clarified at the beginning SBCTA was proposing to use different methods of
identification but now they will be using transponders and a similar toll policy as RCTC.
Commissioner Lorimore stated this has been a long time in the works and appreciated
the work that has gone into this.
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Commissioner Karen Spiegel stated when talking about the cross over and the way the
systems work in the tolls, she asked if SBCTA will be using the same type of toll
calculations that RCTC does.
David Thomas replied it is not the same exact method of calculating the toll lanes and he
asked for Rick Grebner to respond.
Rick Grebner replied as David Thomas mentioned the toll policies will be the same
between the two counties, behind the scenes how they operate maybe slightly
different. He noted as Anne Mayer mentioned they will be transponder required and
that is the important part across county lines.
In response to Commissioner Spiegel’s clarification when David Thomas discussed the
changes or improvements if that did not affect the environmental impact report, David
Thomas replied SBCTA is doing an environmental revalidation to incorporate and
address these changes to the document.
Commissioner Spiegel stated related to all the contracts, she understands the
Commission has a great relationship long term with Orange County, if things change in
either one of their counties it will be ironclad there will not be any changes in what is
going on with the toll policies.
David Thomas replied that is correct, they are protected by these agreements.
Commissioner Spiegel stated she wanted to make sure because other things happen
when they are not done properly.
David Thomas replied that legal will make sure of it.
In response to Commissioner Lorimore clarification about the amount of lanes current
versus additional, David Thomas replied it is about an 8-mile extension to the north of
the 15 miles that RCTC has existing.
Anne Mayer clarified there are two lanes in each direction.
In response to Commissioner Lorimore’s question how that relates to the existing lanes
on the freeway now in the area that does not have the tolls quite yet, David Thomas
replied there are multiple lanes in this vicinity. It widens from three to four lanes
between SR-60 and I-10, then narrows back down to three general purpose lanes in
each direction at the northern limit of the project near Foothill Boulevard. The project is
also adding some auxiliary lanes within those limits also with the project.
Anne Mayer clarified with David Thomas about the northbound direction currently for
RCTC’s existing as they have two express lanes northbound that reduce to just one and
then it all merges in with the existing lanes.
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David Thomas replied correct.
Anne Mayer stated and then in the southbound three general purpose lanes going into
one express lane opening into two express lanes.
David Thomas replied correct, one lane opens first and then at Cantu-Galleano a second
lane opens.
Anne Mayer stated with this project there will be two continuous express lanes the
entire way from Cajalco all the way up to the northern limit of the project which is
Foothill Boulevard.
In response to Commissioner Lorimore’s question if they are adding lanes and not losing
general purpose lanes, David Thomas replied they are not losing any general purpose
lanes there are an addition of auxiliary lanes at three locations.
Commissioner Zimmerman clarified if they have some confidence on that TIFIA loan that
the Commission is going to get consent from the U.S. Department of Transportation as it
seems they are cutting it close since they need to have it ready to go by May 2023.
Sergio Vidal replied they have been in constant communication throughout this process
in the last 12 months in terms of reaching that consent, it is currently in its final stages
of review and approval, and they anticipate receiving that prior to the April Commission
meeting.
Chair Berkson stated the offering of the 3+ discount if they have their multi-switchable
transponder, but this section of the toll lanes will not be operated by RCTC. He asked if
RCTC’s discount throughout the County will stretch out to the San Bernardino County
portion.
David Thomas replied that it will be under SBCTA’s toll policy, which will match RCTC’s
toll policy, so this is part one of the requirements of the agreement is that SBCTA will
match RCTC’s same policies.
In response to Chair Berkson’s clarification that a toll customer in Riverside County will
not see something bizarre as they head that last leg in San Bernardino County, David
Thomas replied correct.
Chair Berkson stated many years from now these segments eventually go to Caltrans,
and they get possession of them at some point and asked if all these segments will end
up becoming Caltrans’ property at different stages so many years after they opened.
David Thomas replied SBCTA has their own toll facility agreement with Caltrans with a
50-year lease as well so it will be off by about four years when RCTC’s expire and SBCTA
will have to deal with that when the time comes.
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In response to Commissioner Chuck Conder’s question if all the land has been acquired
to be able to add the extra lanes, David Thomas replied yes and where SBCTA is adding
lanes to the outside for the auxiliary lanes is within Caltrans’ existing right of way and
that is within San Bernardino County.
In response to Commissioner Conder’s question that no land needs to be purchased to
slow anything down for right of way, David Thomas replied not that he is aware of.
M/S/C (Spiegel/Speake) to:
1) Approve Agreement No. 23-31-028-00 with the San Bernardino County
Transportation Authority (SBCTA) detailing project terms during design
and construction phases and operations for the proposed Interstate 15
(I-15) Cross-County Toll Segment (Project);
2) Approve Agreement No. 17-31-002-03 with the California Department
of Transportation and SBCTA detailing the assignment to SBCTA of the
Commission’s rights and obligations to lease, operate, and maintain a
portion of the Commission’s existing 15 Express Lanes Toll Facility;
3) Approve the Second Supplemental Toll Revenue Indenture to the
Master Indenture (I-15 Toll Road) dated July 1, 2017;
4) Adopt Resolution No. 23-001, “Authorizing the Execution and Delivery
of a Supplemental Toll Revenue Indenture in Connection with the Partial
Assignment of a Portion of the I-15 Toll Express Lanes and Taking of All
Other Actions Necessary in Connection Therewith”;
5) Authorize the Chair or Executive Director, pursuant to U.S. Department
of Transportation (DOT) Transportation Infrastructure Finance and
Innovation Act (TIFIA) office consent and Commission bond and legal
counsel review, to execute the agreements and other required financing
related documents on behalf of the Commission;
6) Authorize the Chair or Executive Director, pursuant to U.S. DOT TIFIA
office consent and Commission bond and legal counsel review, to
execute an agreement between SBCTA and SBCTA’s back-office toll
service provider (TSP), and subsequent amendments or new
agreements with any successor back-office TSP, to which the
Commission will be signatory to ensure that revenues are transferred
annually from SBCTA through its back-office TSP to the Commission;
7) Authorize the allocation to SBCTA of approximately $14 million in
federal Congestion Mitigation and Air Quality (CMAQ) funds for design
and construction phase costs for 15 Express Lane access improvements
near Cantu-Galleano Ranch Road for the Project;
8) Authorize the transfer of $310,000 in Measure A (Economic
Development) funds to the 15 Express Lanes to account for construction
impacts related to 15 Express Lanes access improvements near Cantu-
Galleano Ranch Road;
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9) Authorize the allocation of a contingency amount not to exceed
$1 million in federal CMAQ funds for 15 Express Lane access
improvements near Cantu-Galleano Ranch Road; and
10) Authorize the Executive Director, or designee, to approve contingency
work as may be required for the Project.
Anne Mayer expressed appreciation to the Commissioners for their support of these
items and acknowledged Sergio Vidal, David Thomas, Rick Grebner, Jennifer Crosson,
Toll Operations Director, and their teams for not giving up on this. It was difficult to
come up with solutions that would make it work financially, politically, and most
importantly affectively and efficiently for traveling public. This team constantly came
forward with creative ideas they were problem solving and she is proud of the work
they did.
Chair Berkson stated that they do appreciate staff’s time and help on this as there was
definitely not agreement when this first came out between Riverside County and San
Bernardino County. This is the first time another county has come into Riverside County
to do some kind of operations that RCTC is not doing, and he expressed appreciation
that it has finally come together.
8. RIVERSIDE COUNTY TRANSPORTATION COMMISSION FISCAL YEAR 2022/23 SHORT
RANGE TRANSIT PLAN AMENDMENTS
Sheldon Peterson, Rail Manager, presented the Riverside County Transportation
Commission (RCTC) Fiscal Year 2022/23 Short Range Transit Plan (SRTP) amendments,
highlighting the following areas:
• SRTP amendment
o New funding
o Proposition 1B Public Transportation Modernization, Improvement, and
Service Enhancement Account (PTMISEA)
City of Riverside (City) Special Transportation Services
$395,275 plus any interest
o Federal Transit Administration (FTA) Section 5339 Program
$417,631
o SRTP additional total amount
$812,906
• South Perris Parking Lot Project
o New funding will continue the renovations needed at the South Perris
parking lot
o Replace aging asphalt with new reinforced concrete sections
o Current photos of the existing South Perris parking lot
o Photos of the work that has been done on the South Perris parking lot for
the first half of the project using PTIMSEA funds
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In response to Commissioner Zimmerman’s clarification if the $395,000 balance is not
used by June 30th the money goes back to the state, Sheldon Peterson replied correct
and RCTC already has a bid and costs for this project so they will be able to turn it
around extremely quickly.
M/S/C (Speake/Lorimore) to:
1) Approve the reprogramming of a principal amount of $395,275 plus any
interest from the city of Riverside’s (City) Special Transportation Services
Proposition 1B Public Transportation Modernization, Improvement, and
Service Enhancement Account (PTIMSEA) to the Commission’s South Perris
Parking Lot Rehabilitation Project;
2) Approve an allocation of $417,631 from the Federal Transit Administration
(FTA) Section 5339 Program for the South Perris Parking Lot Rehabilitation
Project;
3) Approve the budget amendment and changes to the Commission’s amended
FY 2022/23 Short Range Transit Plan (SRTP) to reflect the above-mentioned
funding revisions;
4) Direct staff to submit the federally funded and regionally significant projects
to the Southern California Association of Governments for inclusion into the
Federal Transportation Improvement Program as needed for the FTA Program
of Projects; and
5) Authorize the Chair or Executive Director, pursuant to legal counsel review, to
execute necessary amended agreements related to these allocations on behalf
of the Commission.
9. MEASURE A SPECIALIZED TRANSIT PROGRAM COVID-19 AND ECONOMIC RELIEF
FUNDING
Lorelle Moe-Luna, Multimodal Services Director, presented the Measure A Specialized
Transit Program COVID-19 and Economic Relief Funding, highlighting the following:
• Measure A Specialized Transit Program
o Competitive call for projects every three years
o Awarded $9.1 million in 2021 for Fiscal Years 2022/23 – 2023/24
o Purpose: Specialized transit for older adults, persons with disabilities,
and/or those that are most vulnerable and truly needy
o Goal: Projects that complement existing public transit services with
expanded or extended services
• An illustration of all the various specialized transit providers that Measure A
benefits
• Specialized Transit challenges
o Decreased ridership
o Driver shortages
o Additional safety protocols
o Increased fuel and wages
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o Higher amounts of thefts
o Supply chain issues
• Friends of Moreno Valley Senior Center Inc.
o Volunteer-based non-profit know as (MoVan)
o Serves seniors 60+ and disabled adults to the Moreno Valley Senior
Center and non-emergency medical appointments within a 20-mile radius
o Awarded $297,585 for operating
o Requesting additional $19,550 for increased driver wages
• Care Connexxus Adult Day Services
o Provides Adult Day Services in Riverside area
o Transports clients who require curb-to-curb with hand-over to caregiver
or door-through-door services
o Awarded $799,132 for operating and $112,500 for capital
o Requesting additional $57,704 for capital due to supply chain issues and
local match waiver of 27 percent and 24 percent for FY 2022/23 and
FY 2023/24, respectively
• Care-A-Van Transit Systems, Inc. (Care-A-Van)
o Provides door-to-door transportation for low-income individuals
primarily in the San Jacinto and Hemet area
o Most trips for medical, educational, and job training
o Awarded $996,884 for operating
o Requesting an additional $50,000 due to increased fuel, catalytic
converter thefts, and insurance
• Exceed dba Valley Resource Center
o Provides services to adults with disabilities who attend employment
programs and skills training
o Awarded $244,860 for operating
o Requesting an additional $99,600 for operating due to catalytic converter
thefts and increased driver wages
• Summary of the total request
o Total request of $226,854
o Considered overall financial impact and value to the community
Lorelle Moe-Luna noted she is joined by representatives by each of these specialized
transit providers in case there are any questions about their services or projects.
In response to Commissioner Karen Spiegel’s clarification if there is a reason why Exceed
did a FY 2023/24 and the other three were all just FY 2022/23, Lorelle Moe-Luna replied
staff did ask the providers how much they will need over the next two years, and these
were the amounts they provided. Some of them are also for capital so that is only
capital expense that can be accrued this year.
Commissioner Katherine Aleman expressed appreciation for the work the staff did in
making sure there were amounts included in the budget to adjust as they go so there is
no need to look for extra funds. She stated as an elected official these are the programs
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that they like to fund they are a lifeline to people and there are volunteers out there
moving people around working with folks that are most in need. She then made the
motion to approve staff recommendation.
M/S/C (Aleman/Spiegel) to:
1) Amend Agreement No. 21-26-096-00 with Friends of Moreno Valley
Senior Center, Inc. for an additional $19,550 of Measure A Specialized
Transit funds to supplement impacts from COVID-19 and economic
conditions;
2) Amend Agreement No. 21-26-077-00 with Care Connexus for an
additional $57,704 of Measure A Specialized Transit funds to
supplement impacts from the COVID-19 pandemic and economic
conditions;
3) Amend Agreement No. 21-26-076-00 with Care-A-Van for an additional
$50,000 of Measure A Specialized Transit funds to supplement impacts
from the COVID-19 pandemic and economic conditions;
4) Amend Agreement No. 21-026-087-00 with EXCEED dba Valley Resource
Center for an additional $99,600 of Measure A Specialized Transit funds
to supplement impacts from the COVID-19 pandemic and economic
conditions; and
5) Authorize Executive Director, or designee, to approve a temporary
waiver of the Measure A Specialized Transit Program match
requirement of 34 percent as needed for all recipients in Fiscal Years
2022/23 and 2023/24.
10. EXECUTIVE DIRECTOR REPORT
There were no comments from the Executive Director.
11. COMMISSIONER COMMENTS
There were no Commissioner comments.
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RCTC WRC Programs and Projects Committee Minutes
March 27, 2023
Page 11
12. ADJOURNMENT
There being no further business for consideration by the Western Riverside County
Programs and Projects Committee, the meeting was at 2:20 p.m.
Respectfully submitted,
Lisa Mobley
Administrative Services Director/
Clerk of the Board
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AGENDA ITEM 7
Agenda Item 7
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: April 24, 2023
TO: Western Riverside County Programs and Projects Committee
FROM: Sri Srirajan, Senior Capital Projects Manager
THROUGH: David Thomas, Toll Project Delivery Director
SUBJECT: Agreement for Completion of Project Approval/Environmental Document for
the State Route 91 Eastbound Corridor Operations Project
STAFF RECOMMENDATION:
This item is for the Committee to recommend the Commission take the following action(s):
1) Award Agreement No. 23-31-041-00 with Parsons Transportation Group, Inc. (Parsons) to
provide project approval/environmental document (PA/ED) for the State Route 91
Eastbound Corridor Operations Project (ECOP) in the amount of $3,464,514, plus a
contingency amount of $346,451, for a total amount not to exceed $3,810,965;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, execute the
agreement on behalf of the Commission; and
3) Authorize the Executive Director, or designee, to approve contingency work up to the
total not to exceed amount as required for these services.
BACKGROUND INFORMATION:
In May 2022, the Commission authorized staff to proceed with the PA/ED and revalidation of the
SR-91 ECOP). The SR-91 ECOP will add a general purpose (GP) lane in the EB direction on SR-91
from SR-241 in Orange County to the SR-71 interchange area in Riverside County (see Exhibit A).
The purpose of the Project is to improve traffic operations and safety along the eastbound SR-91
between SR-241 and SR-71 and complete a component of the SR-91 Corridor Improvement
Project (CIP) Ultimate Project.
The SR-91 CIP (EA 0F540) was approved in 2012. Consistent with the environmental impact
report/environmental impact statement (EIR/EIS), implementation of the SR-91 CIP will be
phased over a 20-year period, beginning with an Initial Phase and culminating with completion
of the Ultimate Project by 2035. Separate phases were anticipated to be identified and
programmed to implement the improvements on SR-91 and Interstate 15 between the Initial
Phase and completion of the Ultimate Project by 2035, as funding becomes available. In
May 2020, Orange County Transportation Authority (OCTA), in coordination with RCTC,
Transportation Corridor Agencies (TCA), Caltrans, and the cities of Anaheim, Yorba Linda, and
Corona initiated the SR-91 ECOP Alternative Analysis study. The purpose of the study was to
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Agenda Item 7
identify feasible alternatives and range of cost for adding the SR-91 eastbound operational lane
from SR-241 to SR-71 as identified in the SR-91 CIP EIR/EIS. The Alternative Analysis study report
was completed in April 2022 and recommends four feasible design variations that range in total
cost from $49 million to $154 million.
Exhibit A
DISCUSSION:
Procurement Process
Pursuant to Government Code 4525 et seq, selection of architect, engineer, and related services
shall be on the basis of demonstrated competence and on professional qualifications necessary
for the satisfactory performance of the services required. Therefore, staff used the qualification
method of selection for the procurement. Evaluation criteria included elements such as firm
experience and stability, quality and experience of key personnel, project understanding and
approach, and the ability to respond to the requirements set forth under the terms of a request
for qualifications (RFQ).
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Agenda Item 7
RFQ No. 23-31-041-00 for the State Route 91 Eastbound Corridor Operations Project was
released by staff on January 5, 2023. The RFQ was posted on the Commission’s Planet Bids
website, which is accessible through the Commission’s website. Through Planet Bids, 56 firms
downloaded the RFQ; 7 of these firms are located in Riverside County. A pre-submittal meeting
was held on January 18, 2023 and was attended by 12 firms. Staff responded to all questions
submitted by potential proposers prior to the January 25, 2023 clarification deadline.
One firm –Parsons– submitted a responsive and responsible statement of qualifications prior to
the 2:00 p.m. submittal deadline on February 9, 2023. Since staff received one proposal for the
RFQ, it reviewed the solicitation specifications for undue restrictiveness and surveyed potential
sources that chose not to submit a proposal. Reasons for not submitting a proposal included not
performing the particular type of services, and not being able to find other firms to team up with
to cover the full scope of work. Staff concluded the requirements listed in the scope of work and
other terms and conditions were not unnecessarily or excessively restrictive, an adequate
opportunity to compete was provided, and factors other than the solicitation were responsible
for the receipt of one proposal for the RFQ.
Based on the evaluation criteria set forth in the RFQ, the firm was evaluated and scored by an
evaluation committee comprised of Commission, Caltrans, and Orange County Transportation
Authority staff. Accordingly, the evaluation committee recommends contract award to Parsons
for the PA/ED for the SR-91 ECOP.
Subsequently, staff negotiated the scope of work (including the appropriate level of effort, labor
categories/mix, etc.), cost, and schedule proposal received from Parsons for the PA/ED services
and established a fair and reasonable price. The proposed cost is $3,464,514 which includes the
base cost of $2,782,452 and an optional cost of $682,062. Due to a wide range of alternative
analysis to be performed, there are several optional scope areas included in the agreement. As
part of the federal procurement process for architectural and engineering services, the contract
is subject to a pre-award audit by Caltrans Audits and Investigations Unit. The result of the pre-
award audit may change the proposed cost slightly and is expected to be finalized prior to
Commission approval in May 2023.
RECOMMENDATION:
Staff recommends award of Agreement No. 23-31-041-00 to Parsons for PA/ED for the SR-91
ECOP in the amount of $3,464,514, plus a contingency amount of $346,451, for a total amount
not to exceed $3,810,965. Staff also recommends authorization for the Chair or Executive
Director, pursuant to legal counsel review, to execute the agreement for the Project, and
authorization of the Executive Director, or designee, to approve contingency work up to the total
not to exceed amount as required for these services.
14
Agenda Item 7
FISCAL IMPACT:
Financial Information
In Fiscal Year Budget: N/A Year: FY 2023/24
FY 2024/25+ Amount: $1,500,000
$2,310,965
Source of Funds: STBG, HIP, Local Budget Adjustment: No
GL/Project Accounting No.: 003055 261 81101 00000 0000 261 31 81101
Fiscal Procedures Approved:
Date: 04/14/2023
Attachment: Agreement No. 23-31-041-00 with Parsons
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Agreement No. 23-31-041-00
PROFESSIONAL SERVICES AGREEMENT
WITH FHWA FUNDING/ASSISTANCE
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AGREEMENT WITH
PARSONS TRANSPORTATION GROUP, INC.
FOR THE
COMPLETION OF PROJECT APPROVAL/ENVIRONMENTAL DOCUMENT (PA/ED)
FOR THE STATE ROUTE 91 EASTBOUND CORRIDOR OPERATIONS PROJECT
Parties and Date.
This Agreement is made and entered into this ___ day of _______, 2023, by and
between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("the
Commission") and PARSONS TRANSPORTATION GROUP, INC. ("Consultant"), a
CORPORATION. The Commission and Consultant are sometimes referred to herein
individually as “Party”, and collectively as the “Parties”.
Recitals.
A. On November 8, 1988 the Voters of Riverside County approved Measure A
authorizing the collection of a one-half percent (1/2 %) retail transactions and use tax
(the “tax”) to fund transportation programs and improvements within the County of
Riverside, and adopting the Riverside County Transportation Improvement Plan (the
“Plan”).
B. Pursuant to Public Utility Code Sections 240000 et seq., the Commission is
authorized to allocate the proceeds of the Tax in furtherance of the Plan.
C. On November 5, 2002, the voters of Riverside County approved an extension of
the Measure A tax for an additional thirty (30) years for the continued funding of
transportation and improvements within the County of Riverside.
D. A source of funding for payment for professional services provided under this
Agreement is federal funds administered by the California Department of Transportation
(“Caltrans”) from the United States Department of Transportation pursuant to the
following project/program: Highway Infrastructure Program (HIP), Surface
Transportation Block Grant Program (STBG), and Measure A.
E. Consultant desires to perform and assume responsibility for the provision of
certain professional services required by the Commission on the terms and conditions
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set forth in this Agreement. Consultant represents that it is experienced in providing
Project Approval/Environmental Document (PA/ED) services to public clients, is
licensed in the State of California (if necessary), and is familiar with the plans of the
Commission.
F. The Commission desires to engage Consultant to render such services for the
State Route 91 Eastbound Corridor Operations Project (“Project”), as set forth in this
Agreement.
Terms.
1. General Scope of Services. Consultant shall furnish all technical and
professional services, including labor, material, equipment, transportation, supervision
and expertise, and incidental and customary work necessary to fully and adequately
supply the professional PA/ED services necessary for the Project (“Services”). The
Services are more particularly described in Exhibit “A” attached hereto and incorporated
herein by reference. All Services shall be subject to, and performed in accordance with,
this Agreement, the exhibits attached hereto and incorporated herein by reference, and
all applicable local, state and federal laws, rules and regulations.
2. Commencement of Services. The Consultant shall commence work upon receipt
of a written "Notice to Proceed" or "Limited Notice to Proceed" from Commission.
3. Pre-Award Audit. As a result of the federal funding for this Project, and to the
extent Caltrans procedures apply in connection therewith, issuance of a “Notice to
Proceed” may be contingent upon completion and approval of a pre-award audit. Any
questions raised during the pre-award audit shall be resolved before the Commission
will consider approval of this Agreement. The federal aid provided under this
Agreement is contingent on meeting all Federal requirements and could be withdrawn,
thereby entitling the Commission to terminate this Agreement, if the procedures are not
completed. The Consultant’s files shall be maintained in a manner to facilitate Federal
and State process reviews. In addition, the applicable federal agency, or Caltrans
acting in behalf of a federal agency, may require that prior to performance of any work
for which Federal reimbursement is requested and provided, that said federal agency or
Caltrans must give to Commission an “Authorization to Proceed”.
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4. Caltrans Audit Procedures.
4.1 Consultant and certain subconsultant contracts, including cost proposals
and ICR, are subject to audits or reviews such as, but not limited to, a contract audit, an
incurred cost audit, an Independent Cost Review (ICR) Audit, or a CPA ICR audit work
paper review. If selected for audit or review, this Agreement, Consultant’s cost proposal
and ICR and related work papers, if applicable, will be reviewed to verify compliance
with 48 CFR, Part 31 and other related laws and regulations. In the instances of a CPA
ICR audit work paper review it is Consultant’s responsibility to ensure federal, state, or
local government officials are allowed full access to the CPA’s work papers including
making copies as necessary. This Agreement, Consultant’s cost proposal, and ICR
shall be adjusted by Consultant and approved by the Commission’s contract manager to
conform to the audit or review recommendations. Consultant agrees that individual
terms of costs identified in the audit report shall be incorporated into this Agreement by
this reference if directed by Commission at its sole discretion. Refusal by Consultant to
incorporate audit or review recommendations, or to ensure that the federal, state or
local governments have access to CPA work papers, will be considered a breach of the
Agreement terms and cause for termination of this Agreement and disallowance of prior
reimbursed costs. Additional audit provisions applicable to this Agreement are set forth
in Sections 24 and 25 of this Agreement.
4.2 During Caltrans’ review of the ICR audit work papers created by the
Consultant’s independent CPA (which may include review by the Independent Office of
Audits and Investigations), Caltrans will work with the CPA and/or Consultant toward a
resolution of issues that arise during the review. Each party agrees to use its best
efforts to resolve any audit disputes in a timely manner. If Caltrans identifies significant
issues during the review and is unable to issue a cognizant approval letter, Commission
will reimburse the Consultant at an accepted ICR until a FAR (Federal Acquisition
Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing
Standards); CAS (Cost Accounting Standards), if applicable; in accordance with
procedures and guidelines of the American Association of State Highways and
Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and
guidelines} is received and approved by Caltrans.
Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) – the
accepted rate reimbursed will be ninety percent (90%) of the proposed rate.
b. If the proposed rate is between one hundred fifty percent (150%) and two
hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the
proposed rate.
c. If the proposed rate is greater than two hundred percent (200%) - the
accepted rate will be seventy-five percent (75%) of the proposed rate.
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4.3 If Caltrans is unable to issue a cognizant letter per Section 4.2 above,
Caltrans may require Consultant to submit a revised independent CPA-audited ICR and
audit report within three (3) months of the effective date of the Caltrans’ management
letter. Caltrans will then have up to six (6) months to review the Consultant’s and/or the
independent CPA’s revisions.
4.4 If the Consultant fails to comply with the provisions of this Section 4, or if
Caltrans is still unable to issue a cognizant approval letter after the revised independent
CPA audited ICR is submitted, overhead cost reimbursement will be limited to the
accepted ICR that was established upon initial rejection of the ICR and set forth in
Section 4.2 above for all rendered services. In this event, this accepted ICR will become
the actual and final ICR for reimbursement purposes under this Agreement.
4.5 Consultant may submit to Commission final invoice only when all of the
following items have occurred: (1) Caltrans accepts or adjusts the original or revised
independent CPA audited ICR; (2) all work under this Agreement has been completed
to the satisfaction of Commission; and, (3) Caltrans has issued its final ICR review
letter. The Consultant must submit its final invoice to Commission no later than sixty
(60) calendar days after occurrence of the last of these items. The accepted ICR will
apply to this Agreement, and all other agreements executed between the Commission
and the Consultant, either as a prime or subconsultant, with the same fiscal period ICR.
5. Term.
5.1 This Agreement shall go into effect on the date first set forth above,
contingent upon approval by Commission, and Consultant shall commence work after
notification to proceed by Commission’s Contract Administrator. This Agreement shall
end on June 30, 2027, unless extended by contract amendment.
5.2 Consultant is advised that any recommendation for Agreement award is
not binding on Commission until this Agreement is fully executed and approved by the
Commission.
5.3 This Agreement shall remain in effect until the date set forth above, unless
earlier terminated as provided herein. Consultant shall complete the Services within
the term of this Agreement, and shall meet any other established schedules and
deadlines. All applicable indemnification provisions of this Agreement shall remain in
effect following the termination of this Agreement.
6. Commission’s Contract Administrator. The Commission hereby designates the
Commission’s Executive Director, or his or her designee, to act as its Contract
Administrator for the performance of this Agreement (“Commission’s Contract
Administrator”). Commission’s Contract Administrator shall have the authority to act on
behalf of the Commission for all purposes under this Agreement. Commission’s
Contract Administrator shall also review and give approval, as needed, to the details of
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Consultant’s work as it progresses. Consultant shall not accept direction or orders from
any person other than the Commission’s Contract Administrator or his or her designee.
7. Consultant’s Representative. Consultant hereby designates Nicole DePuy to act
as its Representative for the performance of this Agreement (“Consultant’s
Representative”). Consultant’s Representative shall have full authority to act on behalf
of Consultant for all purposes under this Agreement. The Consultant’s Representative
shall supervise and direct the Services, using his or her professional skill and attention,
and shall be responsible for all means, methods, techniques, sequences and
procedures and for the satisfactory coordination of all portions of the Services under this
Agreement. Consultant shall work closely and cooperate fully with Commission’s
Contract Administrator and any other agencies which may have jurisdiction over, or an
interest in, the Services. Consultant’s Representative shall be available to the
Commission staff at all reasonable times. Any substitution in Consultant’s
Representative shall be approved in writing by Commission’s Contract Administrator.
8. Substitution of Key Personnel. Consultant has represented to the Commission
that certain key personnel will perform and coordinate the Services under this
Agreement. Should one or more of such personnel become unavailable, Consultant
may substitute other personnel of at least equal competence upon written approval by
the Commission. In the event that the Commission and Consultant cannot agree as to
the substitution of the key personnel, the Commission shall be entitled to terminate this
Agreement for cause, pursuant to the provisions herein. The key personnel for
performance of this Agreement are as follows: Nicole DePuy, Mark Firger, Michelle
Cooper, Angela Schnapp, Kevin Castro, Brian Patschull, Jon Hermstad, Jeff Sparks,
Tomo Takahashi, and Rob Malone.
9. Standard of Care; Licenses; Evaluation.
9.1 Consultant represents and maintains that it is skilled in the professional
calling necessary to perform all Services, duties and obligations required by this
Agreement to fully and adequately complete the Project. Consultant shall perform the
Services and duties in conformance to and consistent with the standards generally
recognized as being employed by professionals in the same discipline in the State of
California. Consultant warrants that all employees and subcontractors shall have
sufficient skill and experience to perform the Services assigned to them. Consultant
further represents and warrants to the Commission that its employees and
subcontractors have all licenses, permits, qualifications and approvals of whatever
nature that are legally required to perform the Services, and that such licenses and
approvals shall be maintained throughout the term of this Agreement. Consultant shall
perform, at its own cost and expense and without reimbursement from the Commission,
any services necessary to correct errors or omissions which are caused by the
Consultant’s failure to comply with the standard of care provided for herein, and shall be
fully responsible to the Commission for all damages and other liabilities provided for in
the indemnification provisions of this Agreement arising from the Consultant’s errors
and omissions. Any employee of Consultant or its sub-consultants who is determined
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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 Consultant and shall not be re-
employed to perform any of the Services or to work on the Project.
9.2 Consultant’s performance will be evaluated by Commission. A copy of the
evaluation will be sent to Consultant for comments. The evaluation together with the
comments shall be retained as part of the Agreement record.
10. Independent Contractor. The Services shall be performed by Consultant or
under its supervision. Consultant will determine the means, methods and details of
performing the Services subject to the requirements of this Agreement. Commission
retains Consultant on an independent contractor basis and not as an employee, agent
or representative of the Commission. Consultant retains the right to perform similar or
different services for others during the term of this Agreement. Any additional personnel
performing the Services under this Agreement on behalf of Consultant shall at all times
be under Consultant’s exclusive direction and control. Consultant shall pay all wages,
salaries and other amounts due such personnel in connection with their performance of
Services and as required by law. Consultant shall be responsible for all reports and
obligations respecting such personnel, including but not limited to, social security taxes,
income tax withholdings, unemployment insurance, disability insurance, and workers’
compensation insurance.
11. Schedule of Services. Consultant shall perform the Services expeditiously,
within the term of this Agreement, and in accordance with the Schedule of Services set
forth in Exhibit “B” attached hereto and incorporated herein by reference. Consultant
represents that it has the professional and technical personnel to perform the Services
in conformance with such conditions. In order to facilitate Consultant’s conformance
with the Schedule, the Commission shall respond to Consultant’s submittals in a timely
manner. Upon request of Commission’s Contract Administrator, Consultant shall
provide a more detailed schedule of anticipated performance to meet the Schedule of
Services.
11.1 Modification of the Schedule. Consultant shall regularly report to the
Commission, through correspondence or progress reports, its progress in providing
required Services within the scheduled time periods. Commission shall be promptly
informed of all anticipated delays. In the event that Consultant determines that a
schedule modification is necessary, Consultant shall promptly submit a revised
Schedule of Services for approval by Commission’s Contract Administrator.
11.2 Trend Meetings. Consultant shall conduct trend meetings with the
Commission’s Contract Administrator and other interested parties, as requested by the
Commission, on a bi weekly basis or as may be mutually scheduled by the Parties at a
standard day and time. These trend meetings will encompass focused and informal
discussions concerning scope, schedule, and current progress of Services, relevant
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cost issues, and future Project objectives. Consultant shall be responsible for the
preparation and distribution of meeting agendas to be received by the Commission and
other attendees no later than three (3) working days prior to the meeting.
11.3 Progress Reports. As part of its monthly invoice, Consultant shall submit
a progress report, in a form determined by the Commission, which will indicate the
progress achieved during the previous month in relation to the Schedule of Services.
Submission of such progress report by Consultant shall be a condition precedent to
receipt of payment from the Commission for each monthly invoice submitted.
12. Delay in Performance.
12.1 Excusable Delays. Should Consultant be delayed or prevented from the
timely performance of any act or Services required by the terms of the Agreement by
reason of acts of God or of the public enemy, acts or omissions of the Commission or
other governmental agencies in either their sovereign or contractual capacities, fires,
floods, epidemics, pandemics, quarantine restrictions, strikes, freight embargoes or
unusually severe weather, performance of such act shall be excused for the period of
such delay.
12.2 Written Notice. If Consultant believes it is entitled to an extension of time
due to conditions set forth in subsection 12.1, Consultant shall provide written notice to
the Commission within seven (7) working days from the time Consultant knows, or
reasonably should have known, that performance of the Services will be delayed due to
such conditions. Failure of Consultant to provide such timely notice shall constitute a
waiver by Consultant of any right to an excusable delay in time of performance.
12.3 Mutual Agreement. Performance of any Services under this Agreement
may be delayed upon mutual agreement of the Parties. Upon such agreement,
Consultant’s Schedule of Services shall be extended as necessary by the Commission.
Consultant shall take all reasonable steps to minimize delay in completion, and
additional costs, resulting from any such extension.
13. Preliminary Review of Work. All reports, working papers, and similar work
products prepared for submission in the course of providing Services under this
Agreement shall be submitted to the Commission’s Contract Administrator in draft form,
and the Commission may require revisions of such drafts prior to formal submission and
approval. In the event plans and designs are to be developed as part of the Project,
final detailed plans and designs shall be contingent upon obtaining environmental
clearance as may be required in connection with Federal funding. In the event that
Commission’s Contract Administrator, in his or her sole discretion, determines the
formally submitted work product to be not in accordance with the standard of care
established under this Agreement, Commission’s Contract Administrator may require
Consultant to revise and resubmit the work at no cost to the Commission.
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14. Appearance at Hearings. If and when required by the Commission, Consultant
shall render assistance at public hearings or other meetings related to the Project or
necessary to the performance of the Services. However, Consultant shall not be
required to, and will not, render any decision, interpretation or recommendation
regarding questions of a legal nature or which may be construed as constituting a legal
opinion.
15. Opportunity to Cure; Inspection of Work. Commission may provide Consultant
an opportunity to cure, at Consultant’s expense, all errors and omissions which may be
disclosed during Project implementation. Should Consultant fail to make such
correction in a timely manner, such correction may be made by the Commission, and
the cost thereof charged to Consultant. Consultant shall allow the Commission’s
Contract Administrator, Caltrans and FHWA to inspect or review Consultant’s work in
progress at any reasonable time.
16. Claims Filed by Contractor.
16.1 If claims are filed by the Commission’s contractor for the Project
(“Contractor”) relating to work performed by Consultant’s personnel, and additional
information or assistance from the Consultant’s personnel is required by the
Commission in order to evaluate or defend against such claims; Consultant agrees to
make reasonable efforts to make its personnel available for consultation with the
Commission’s construction contract administration and legal staff and for testimony, if
necessary, at depositions and at trial or arbitration proceedings.
16.2 Consultant’s personnel that the Commission considers essential to assist
in defending against Contractor claims will be made available on reasonable notice from
the Commission. Consultation or testimony will be reimbursed at the same rates,
including travel costs that are being paid for the Consultant’s personnel services under
this Agreement.
16.3 Services of the Consultant’s personnel and other support staff in
connection with Contractor claims will be performed pursuant to a written contract
amendment, if necessary, extending the termination date of this Agreement in order to
finally resolve the claims.
16.4 Nothing contained in this Section shall be construed to in any way limit
Consultant’s indemnification obligations contained in Section 29. In the case of any
conflict between this Section and Section 29, Section 29 shall govern. This Section is
not intended to obligate the Commission to reimburse Consultant for time spent by its
personnel related to Contractor claims for which Consultant is required to indemnify and
defend the Commission pursuant to Section 29 of this Agreement.
17. Final Acceptance. Upon determination by the Commission that Consultant has
satisfactorily completed the Services required under this Agreement and within the term
herein, the Commission shall give Consultant a written Notice of Final Acceptance.
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Upon receipt of such notice, Consultant shall incur no further costs hereunder, unless
otherwise specified in the Notice of Final Acceptance. Consultant may request
issuance of a Notice of Final Acceptance when, in its opinion, it has satisfactorily
completed all Services required under the terms of this Agreement. In the event
copyrights are permitted under this Agreement, then in connection with Federal funding,
it is hereby acknowledged and agreed that the United States Department of
Transportation shall have the royalty-free non-exclusive and irrevocable right to
reproduce, publish, or otherwise use, and to authorize others to use, the work for
governmental purposes.
18. Laws and Regulations. Consultant shall keep itself fully informed of and in
compliance with all local, state and federal laws, rules and regulations in any manner
affecting the performance of the Project or the Services, including all Cal/OSHA
requirements, and shall give all notices required by law. For example, and not by way
of limitation, Consultant shall keep itself fully informed of and in compliance with all
implementing regulations, design standards, specifications, previous commitments that
must be incorporated in the design of the Project, and administrative controls including
those of the United States Department of Transportation. Compliance with Federal
procedures may include completion of the applicable environmental documents and
approved by the United States Department of Transportation. For example, and not by
way of limitation, a signed Categorical Exclusion, Finding of No Significant Impact, or
published Record of Decision may be required to be approved and/or completed by the
United States Department of Transportation. Consultant shall be liable for all violations
of such laws and regulations in connection with Services. If the Consultant performs
any work knowing it to be contrary to such laws, rules and regulations and without
giving written notice to the Commission, Consultant shall be solely responsible for all
costs arising therefrom. Consultant shall defend, indemnify and hold Commission, its
officials, directors, officers, employees and agents free and harmless, pursuant to the
indemnification provisions of this Agreement, from any claim or liability arising out of any
failure or alleged failure to comply with such laws, rules or regulations.
19. Fees and Payment.
19.1 The method of payment for this Agreement will be based on actual cost
plus a fixed fee. Commission shall reimburse Consultant for actual costs (including labor
costs, employee benefits, travel, equipment rental costs, overhead and other direct
costs) incurred by Consultant in performance of the Services. Consultant shall not be
reimbursed for actual costs that exceed the estimated wage rates, employee benefits,
travel, equipment rental, overhead, and other estimated costs set forth in the approved
Consultant cost proposal attached hereto as Exhibit “C” and incorporated herein by
reference (“Cost Proposal”) unless additional reimbursement is provided for by a written
amendment. In no event shall Consultant be reimbursed for overhead costs at a rate
that exceeds Commission’s approved overhead rate set forth in the Cost Proposal. In
the event that Commission determines that a change to the Services from that specified
in the Cost Proposal and this Agreement is required, the contract time or actual costs
reimbursable by Commission shall be adjusted by contract amendment to
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accommodate the changed work. The maximum total cost as specified in Section 19.9
shall not be exceeded, unless authorized by a written amendment.
19.2 The indirect cost rate established for this Agreement is extended through
the duration of this Agreement. Consultant’s agreement to the extension of the 1-year
applicable period shall not be a condition or qualification to be considered for the work
or Agreement award.
19.3 In addition to the allowable incurred costs, Commission shall pay
Consultant a fixed fee of THREE HUNDRED ELEVEN THOUSAND, NINE HUNDRED
DOLLARS ($311,900). The fixed fee is nonadjustable for the term of this Agreement,
except in the event of a significant change in the Scope of Services, and such
adjustment is made by written amendment.
19.4 Reimbursement for transportation and subsistence costs shall not exceed
the rates specified in the approved Cost Proposal. In addition, payments to Consultant
for travel and subsistence expenses claimed for reimbursement or applied as local
match credit shall not exceed rates authorized to be paid exempt non-represented State
employees under current State Department of Personnel Administration (DPA) rules,
unless otherwise authorized by Commission. If the rates invoiced are in excess of
those authorized DPA rates, and Commission has not otherwise approved said rates,
then Consultant is responsible for the cost difference and any overpayments shall be
reimbursed to the Commission on demand.
19.5 When milestone cost estimates are included in the approved Cost
Proposal, Consultant shall obtain prior written approval for a revised milestone cost
estimate from the Contract Administrator before exceeding such cost estimate.
19.6 Progress payments shall be made monthly in arrears based on Services
provided and allowable incurred costs. A pro rata portion of Consultant’s fixed fee shall
be included in the monthly progress payments. If Consultant fails to submit the required
deliverable items according to the schedule set forth in the Scope of Services,
Commission shall have the right to delay payment or terminate this Agreement in
accordance with the provisions of Section 21 Termination.
19.7 No payment shall be made prior to approval of any Services, nor for any
Services performed prior to approval of this Agreement.
19.8 Consultant shall be reimbursed, as promptly as fiscal procedures will
permit upon receipt by Commission’s Contract Administrator of itemized invoices in
triplicate. Invoices shall be submitted no later than 45 calendar days after the
performance of work for which Consultant is billing. Invoices shall detail the work
performed on each milestone and each project as applicable. Invoices shall follow the
format stipulated for the approved Cost Proposal and shall reference this Agreement
number and project title. Final invoice must contain the final cost and all credits due
Commission including any equipment purchased under the Equipment Purchase
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provisions of this Agreement. The final invoice should be submitted within 60 calendar
days after completion of Consultant’s work. Invoices shall be mailed to Commission’s
Contract Administrator at the following address:
Riverside County Transportation Commission
Attention: Accounts Payable
P.O. 12008
Riverside, CA 92502
19.9 The total amount payable by Commission including the fixed fee shall not
exceed THREE MILLION, FOUR HUNDRED SIXTY-FOUR THOUSAND, FIVE
HUNDRED FOURTEEN DOLLARS ($3,464,514).
19.10 Salary increases shall be reimbursable if the new salary is within the
salary range identified in the approved Cost Proposal and is approved by Commission’s
Contract Administrator. For personnel subject to prevailing wage rates as described in
the California Labor Code, all salary increases, which are the direct result of changes in
the prevailing wage rates are reimbursable.
19.11 Consultant shall not be reimbursed for any expenses unless authorized in
writing by the Commission’s Contract Administrator.
19.12 All subcontracts in excess of $25,000 shall contain the above provisions.
20. Disputes.
20.1 Any dispute, other than audit, concerning a question of fact arising under
this Agreement that is not disposed of by mutual agreement of the Parties shall be
decided by a committee consisting of RCTC’s Contract Administrator and the Director of
Capital Projects, who may consider written or verbal information submitted by
Consultant.
20.2 Not later than 30 days after completion of all Services under this
Agreement, Consultant may request review by the Commission’s Executive Director of
unresolved claims or disputes, other than audit. The request for review will be submitted
in writing.
20.3 Neither the pendency of a dispute, nor its consideration by the committee
will excuse Consultant from full and timely performance in accordance with the terms of
this Agreement.
21. Termination; Suspension.
21.1 Commission reserves the right to terminate this Agreement for any or no
reason upon thirty (30) calendar days written notice to Consultant with the reasons for
termination stated in the notice.
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21.2 Commission may terminate this Agreement with Consultant should
Consultant fail to perform the covenants herein contained at the time and in the manner
herein provided. In the event of such termination, Commission may proceed with the
work in any manner deemed proper by Commission. If Commission terminates this
Agreement with Consultant, Commission shall pay Consultant the sum due to
Consultant under this Agreement for Services completed and accepted prior to
termination, unless the cost of completion to Commission exceeds the funds remaining
in this Agreement. In such case, the overage shall be deducted from any sum due
Consultant under this Agreement and the balance, if any, shall be paid to Consultant
upon demand.
21.3 In addition to the above, payment upon termination shall include a
prorated amount of profit, if applicable, but no amount shall be paid for anticipated profit
on unperformed Services. Consultant shall provide documentation deemed adequate by
Commission’s Contract Administrator to show the Services actually completed by
Consultant prior to the effective date of termination. This Agreement shall terminate on
the effective date of the Notice of Termination.
21.4 Discontinuance of Services. Upon receipt of the written Notice of
Termination, Consultant shall discontinue all affected Services as directed in the Notice
or as otherwise provided herein, and deliver to the Commission all Documents and
Data, as defined in this Agreement, as may have been prepared or accumulated by
Consultant in performance of the Services, whether completed or in progress.
21.5 Effect of Termination for Cause. In addition to the above, Consultant shall
be liable to the Commission for any reasonable additional costs incurred by the
Commission to revise work for which the Commission has compensated Consultant
under this Agreement, but which the Commission has determined in its sole discretion
needs to be revised, in part or whole, to complete the Project because it did not meet
the standard of care established herein. Termination of this Agreement for cause may
be considered by the Commission in determining whether to enter into future
agreements with Consultant.
21.6 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.
21.7 Waivers. Consultant, in executing this Agreement, shall be deemed to
have waived any and all claims for damages which may otherwise arise from the
Commission’s termination of this Agreement, for convenience or cause, as provided in
this Section.
21.8 Consultant may not terminate this Agreement except for cause.
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21.9 Suspension. In addition to the termination rights above, Commission may
temporarily suspend this Agreement, at no additional cost to Commission, provided that
Consultant is given written notice of temporary suspension. If Commission gives such
notice of temporary suspension, Consultant shall immediately suspend its activities
under this Agreement. A temporary suspension may be issued concurrent with a notice
of termination.
22. Cost Principles and Administrative Requirements.
22.1 Consultant agrees that the Contract Cost Principles and Procedures, 48
CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be
used to determine the cost allowability of individual items.
22.2 Consultant also agrees to comply with federal procedures in accordance
with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards.
22.3 Any costs for which payment has been made to Consultant that are
determined by subsequent audit to be unallowable under 2 CFR, Part 200 and 48 CFR,
Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to
repayment by Consultant to Commission.
22.4 All subcontracts in excess of $25,000 shall contain the above provisions.
23. Retention of Records/Audit. For the purpose of determining compliance with
Public Contract Code 10115, et seq. and Title 21, California Code of Regulations,
Chapter 21, Section 2500 et seq., when applicable and other matters connected with
the performance of this Agreement pursuant to Government Code 8546.7; Consultant,
subconsultants, and Commission shall maintain and make available for inspection all
books, documents, papers, accounting records, and other evidence pertaining to the
performance of this Agreement, including but not limited to, the costs of administering
this Agreement. All parties shall make such materials available at their respective
offices at all reasonable times during this Agreement period and for three years from the
date of final payment under this Agreement. The state, State Auditor, Commission,
FHWA, or any duly authorized representative of the Federal Government shall have
access to any books, records, and documents of Consultant and it’s certified public
accountants (CPA) work papers that are pertinent to this Agreement and indirect cost
rates (ICR) for audit, examinations, excerpts, and transactions, and copies thereof shall
be furnished if requested. Subcontracts in excess of $25,000 shall contain this
provision.
23.1 Accounting System. Consultant and its subcontractors shall establish
and maintain an accounting system and records that properly accumulate and
segregate expenditures by line item for the Services. The accounting system of
Consultant and its subcontractors shall conform to Generally Accepted Accounting
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Principles (GAAP), enable the determination of incurred costs at interim points of
completion, and provide support for reimbursement payment vouchers or invoices.
24. Audit Review Procedures.
24.1 Any dispute concerning a question of fact arising under an interim or post
audit of this Agreement that is not disposed of by agreement, shall be reviewed by
Commission’s Chief Financial Officer.
24.2 Not later than 30 days after issuance of the final audit report, Consultant
may request a review by Commission’s Chief Financial Officer of unresolved audit
issues. The request for review shall be submitted in writing.
24.3 Neither the pendency of a dispute nor its consideration by Commission
shall excuse Consultant from full and timely performance, in accordance with the terms
of this Agreement.
25. Subcontracting.
25.1 Nothing contained in this Agreement or otherwise, shall create any
contractual relation between Commission and any subconsultant(s), and no subcontract
shall relieve Consultant of its responsibilities and obligations hereunder. Consultant
agrees to be as fully responsible to Commission for the acts and omissions of its
subconsultant(s) and of persons either directly or indirectly employed by any of them as
it is for the acts and omissions of persons directly employed by Consultant.
Consultant’s obligation to pay its subconsultant(s) is an independent obligation from
Commission’s obligation to make payments to the Consultant.
25.2 Consultant shall perform the Services with resources available within its
own organization and no portion of the Services shall be subcontracted without written
authorization by Commission’s Contract Administrator, except that, which is expressly
identified in the approved Cost Proposal.
25.3 Consultant shall pay its subconsultants within fifteen (15) calendar days
from receipt of each payment made to Consultant by Commission.
25.4 Any subcontract in excess of $25,000 entered into as a result of this
Agreement shall contain all the provisions stipulated in this Agreement to be applicable
to subconsultants.
25.5 Any substitution of subconsultant(s) must be approved in writing by
Commission’s Contract Administrator prior to the start of work by the subconsultant(s).
25.6 Exhibit “C” may also set forth the rates at which each subconsultant shall
bill the Consultant for Services and that are subject to reimbursement by the
Commission to Consultant. Additional Direct Costs, as defined in Exhibit “C” shall be
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the same for both the Consultant and all subconsultants, unless otherwise identified in
Exhibit “C”. The subconsultant rate schedules and cost proposals contained herein are
for accounting purposes only.
26. Equipment Purchase
26.1 Prior authorization, in writing, by Commission’s Contract Administrator
shall be required before Consultant enters into any unbudgeted purchase order, or
subcontract for supplies, equipment, or Consultant services. Consultant shall provide an
evaluation of the necessity or desirability of incurring such costs.
26.2 For purchase of any item, service or consulting work not covered in
Consultant’s Cost Proposal and exceeding $5,000 prior authorization by Commission’s
Contract Administrator is required. Three competitive quotations must be submitted
with the request for such purchase, or the absence of bidding must be adequately
justified.
26.3 Any equipment purchased as a result of this Agreement is subject to the
following:
Consultant shall maintain an inventory of all nonexpendable property. Nonexpendable
property is defined as having a useful life of at least two years and an acquisition cost of
$5,000 or more. If the purchased equipment needs replacement and is sold or traded in,
Commission shall receive a proper refund or credit at the conclusion of this Agreement,
or if this Agreement is terminated, Consultant may either keep the equipment and credit
Commission in an amount equal to its fair market value, or sell such equipment at the
best price obtainable at a public or private sale, in accordance with established
Commission procedures; and credit Commission in an amount equal to the sales price.
If Consultant elects to keep the equipment, fair market value shall be determined at
Consultant’s expense, on the basis of a competent independent appraisal of such
equipment. Appraisals shall be obtained from an appraiser mutually agreeable to
Commission and Consultant. If Consultant determines to sell the equipment, the terms
and conditions of such sale must be approved in advance by Commission. 2 CFR, Part
200 requires a credit to Federal funds when participating equipment with a fair market
value greater than $5,000 is credited to the project.
26.4 All subcontracts in excess $25,000 shall contain the above provisions.
27. Labor Code Requirements.
27.1 Prevailing Wages.
(a) Consultant shall comply with the State of California’s General Prevailing
Wage Rate requirements in accordance with California Labor Code, Section 1770, and
all Federal, State, and local laws and ordinances applicable to the Services.
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(b) Any subcontract entered into as a result of this Agreement, if for more
than $25,000 for public works construction or more than $15,000 for the alteration,
demolition, repair, or maintenance of public works, shall contain all of the provisions of
this Section.
(c) When prevailing wages apply to the Services described in the Scope of
Services, transportation and subsistence costs shall be reimbursed at the minimum
rates set by the Department of Industrial Relations (DIR) as outlined in the applicable
Prevailing Wage Determination. See http://www.dir.ca.gov.
(d) Copies of the prevailing rate of per diem wages in effect at
commencement of this Agreement are on file at the Commission’s offices. Consultant
shall make copies of the prevailing rates of per diem wages for each craft, classification
or type of worker needed to execute the Services available to interested parties upon
request, and shall post copies at the Consultant’s principal place of business and at the
project site. Consultant shall defend, indemnify and hold the Commission, its elected
officials, officers, employees and agents free and harmless from any claims, liabilities,
costs, penalties or interest arising out of any failure or alleged failure to comply with the
Prevailing Wage Laws.
27.2 DIR Registration. If the Services are being performed as part of an applicable
“public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5
and 1771.1, the Consultant and all subconsultants must be registered with the
Department of Industrial Relations. If applicable, Consultant shall maintain registration
for the duration of the Project and require the same of any subconsultants. This Project
may also be subject to compliance monitoring and enforcement by the Department of
Industrial Relations. It shall be Consultant’s sole responsibility to comply with all
applicable registration and labor compliance requirements.
27.3 Eight-Hour Law. Pursuant to the provisions of the California Labor Code, eight
hours of labor shall constitute a legal day’s work, and the time of service of any worker
employed on the work shall be limited and restricted to eight hours during any one
calendar day, and forty hours in any one calendar week, except when payment for
overtime is made at not less than one and one-half the basic rate for all hours worked in
excess of eight hours per day (“Eight-Hour Law”), unless Consultant or the Services are
not subject to the Eight-Hour Law. Consultant shall forfeit to Commission as a penalty,
$50.00 for each worker employed in the execution of this Agreement by him, or by any
sub-consultant under him, for each calendar day during which such workman is required
or permitted to work more than eight hours in any calendar day and forty hours in any
one calendar week without such compensation for overtime violation of the provisions of
the California Labor Code, unless Consultant or the Services are not subject to the
Eight-Hour Law.
27.4 Employment of Apprentices. This Agreement shall not prevent the employment
of properly indentured apprentices in accordance with the California Labor Code, and
no employer or labor union shall refuse to accept otherwise qualified employees as
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indentured apprentices on the work performed hereunder solely on the ground of race,
creed, national origin, ancestry, color or sex. Every qualified apprentice shall be paid
the standard wage paid to apprentices under the regulations of the craft or trade in
which he or she is employed and shall be employed only in the craft or trade to which
he or she is registered.
If California Labor Code Section 1777.5 applies to the Services, Consultant and any
subcontractor hereunder who employs workers in any apprenticeable craft or trade shall
apply to the joint apprenticeship council administering applicable standards for a
certificate approving Consultant or any sub-consultant for the employment and training
of apprentices. Upon issuance of this certificate, Consultant and any sub-consultant
shall employ the number of apprentices provided for therein, as well as contribute to the
fund to administer the apprenticeship program in each craft or trade in the area of the
work hereunder.
The parties expressly understand that the responsibility for compliance with provisions
of this Section and with Sections 1777.5, 1777.6 and 1777.7 of the California Labor
Code in regard to all apprenticeable occupations lies with Consultant
28. Ownership of Materials/Confidentiality.
28.1 Documents & Data. This Agreement creates an exclusive and perpetual
license for Commission to copy, use, modify, reuse, or sub-license any and all
copyrights and designs embodied in plans, specifications, studies, drawings, estimates,
materials, data and other documents or works of authorship fixed in any tangible
medium of expression, including but not limited to, physical drawings or data
magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Consultant under this Agreement (“Documents & Data”).
Consultant shall require all subcontractors to agree in writing that Commission is
granted an exclusive and perpetual license for any Documents & Data the subcontractor
prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to grant the
exclusive and perpetual license for all such Documents & Data. Consultant makes no
such representation and warranty in regard to Documents & Data which were prepared
by design professionals other than Consultant or provided to Consultant by the
Commission.
Commission shall not be limited in any way in its use of the Documents & Data at any
time, provided that any such use not within the purposes intended by this Agreement
shall be at Commission’s sole risk.
28.2 Intellectual Property. In addition, Commission shall have and retain all
right, title and interest (including copyright, patent, trade secret and other proprietary
rights) in all plans, specifications, studies, drawings, estimates, materials, data,
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computer programs or software and source code, enhancements, documents, and any
and all works of authorship fixed in any tangible medium or expression, including but not
limited to, physical drawings or other data magnetically or otherwise recorded on
computer media (“Intellectual Property”) prepared or developed by or on behalf of
Consultant under this Agreement as well as any other such Intellectual Property
prepared or developed by or on behalf of Consultant under this Agreement.
The Commission shall have and retain all right, title and interest in Intellectual Property
developed or modified under this Agreement whether or not paid for wholly or in part by
Commission, whether or not developed in conjunction with Consultant, and whether or
not developed by Consultant. Consultant will execute separate written assignments of
any and all rights to the above referenced Intellectual Property upon request of
Commission.
Consultant shall also be responsible to obtain in writing separate written assignments
from any subcontractors or agents of Consultant of any and all right to the above
referenced Intellectual Property. Should Consultant, either during or following
termination of this Agreement, desire to use any of the above-referenced Intellectual
Property, it shall first obtain the written approval of the Commission.
All materials and documents which were developed or prepared by the Consultant for
general use prior to the execution of this Agreement and which are not the copyright of
any other party or publicly available and any other computer applications, shall continue
to be the property of the Consultant. However, unless otherwise identified and stated
prior to execution of this Agreement, Consultant represents and warrants that it has the
right to grant the exclusive and perpetual license for all such Intellectual Property as
provided herein.
Commission further is granted by Consultant a non-exclusive and perpetual license to
copy, use, modify or sub-license any and all Intellectual Property otherwise owned by
Consultant which is the basis or foundation for any derivative, collective, insurrectional,
or supplemental work created under this Agreement.
28.3 Confidentiality. All ideas, memoranda, specifications, plans, procedures,
drawings, descriptions, computer program data, input record data, written information,
and other Documents and Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by
Consultant. Such materials shall not, without the prior written consent of Commission,
be used by Consultant for any purposes other than the performance of the Services.
Nor shall such materials be disclosed to any person or entity not connected with the
performance of the Services or the Project. Nothing furnished to Consultant which is
otherwise known to Consultant or is generally known, or has become known, to the
related industry shall be deemed confidential. Consultant shall not use Commission’s
name or insignia, photographs of the Project, or any publicity pertaining to the Services
or the Project in any magazine, trade paper, newspaper, television or radio production
or other similar medium without the prior written consent of Commission.
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28.4 Infringement Indemnification. Consultant shall defend, indemnify and hold
the Commission, its directors, officials, officers, employees, volunteers and agents free
and harmless, pursuant to the indemnification provisions of this Agreement, for any
alleged infringement of any patent, copyright, trade secret, trade name, trademark, or
any other proprietary right of any person or entity in consequence of the use on the
Project by Commission of the Documents & Data, including any method, process,
product, or concept specified or depicted.
29. Indemnification. To the fullest extent permitted by law, Consultant shall defend
(with counsel of Commission’s choosing), indemnify and hold Commission, its directors,
officials, officers, employees, consultants, volunteers, and agents free and harmless
from any and all claims, demands, causes of action, costs, expenses, liability, loss,
damage or injury, in law or equity, to property or persons, including wrongful death, in
any manner arising out of or incident to alleged negligent acts, omissions, or willful
misconduct of Consultant, its officials, officers, employees, agents, consultants, and
contractors arising out of or in connection with the performance of the Services, the
Project or this Agreement, including without limitation the payment of consequential
damages, expert witness fees, and attorneys fees and other related costs and
expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any
and all such aforesaid suits, actions or other legal proceedings of every kind that may
be brought or instituted against Commission, its directors, officials, officers, employees,
consultants, agents, or volunteers. Consultant shall pay and satisfy any judgment,
award or decree that may be rendered against Commission or its directors, officials,
officers, employees, consultants, agents, or volunteers, in any such suit, action or other
legal proceeding. Consultant shall reimburse Commission and its directors, officials,
officers, employees, consultants, agents, and/or volunteers, for any and all legal
expenses and costs, including reasonable attorney’s fees, incurred by each of them in
connection therewith or in enforcing the indemnity herein provided. Consultant's
obligation to indemnify shall not be restricted to insurance proceeds, if any, received by
Commission, its directors, officials officers, employees, consultants, agents, or
volunteers.
If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of
Consultant’s performance as a “design professional” (as that term is defined under Civil
Code section 2782.8), then, and only to the extent required by Civil Code section
2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall
be limited to claims that arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a
final adjudication by a court of competent jurisdiction, Consultant’s liability for such
claim, including the cost to defend, shall not exceed the Consultant’s proportionate
percentage of fault.
Consultant’s obligations as set forth in this Section shall survive expiration or
termination of this Agreement.
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30. Insurance.
30.1 Time for Compliance. Consultant shall not commence work under this
Agreement until it has provided evidence satisfactory to the Commission that it has
secured all insurance required under this Section, in a form and with insurance
companies acceptable to the Commission. In addition, Consultant shall not allow any
subcontractor to commence work on any subcontract until it has secured all insurance
required under this Section.
30.2 Minimum Requirements. Consultant shall, at its expense, procure and
maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the
performance of the Agreement by the Consultant, its agents, representatives,
employees or subcontractors. Consultant shall also require all of its subcontractors to
procure and maintain the same insurance for the duration of the Agreement. Such
insurance shall meet at least the following minimum levels of coverage:
(a) Minimum Scope of Insurance. Coverage shall be at least as broad
as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001 or exact equivalent);
(2) Automobile Liability: Insurance Services Office Business Auto Coverage (form CA
0001, code 1 (any auto) or exact equivalent); and (3) Workers’ Compensation and
Employer’s Liability: Workers’ Compensation insurance as required by the State of
California and Employer’s Liability Insurance.
(b) Minimum Limits of Insurance. Consultant shall maintain limits no
less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance or other form
with general aggregate limit is used, either the general aggregate limit shall apply
separately to this Agreement/location or the general aggregate limit shall be twice the
required occurrence limit. Limits may be achieved by any combination of primary and
excess or umbrella liability insurance; (2) Automobile Liability: $2,000,000 per accident
for bodily injury and property damage. Limits may be achieved by any combination of
primary and excess or umbrella liability insurance; and (3) Workers’ Compensation and
Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the
State of California. Employer’s Practices Liability limits of $1,000,000 per accident.
30.3 Professional Liability. Consultant shall procure and maintain, and require
its sub-consultants to procure and maintain, for a period of five (5) years following
completion of the Project, errors and omissions liability insurance appropriate to their
profession. For Consultant, such insurance shall be in an amount not less than
$1,000,000 per claim. This insurance shall be endorsed to include contractual liability
applicable to this Agreement and shall be written on a policy form coverage specifically
designed to protect against acts, errors or omissions of the Consultant. “Covered
Professional Services” as designated in the policy must specifically include work
performed under this Agreement. The policy must “pay on behalf of” the insured and
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must include a provision establishing the insurer’s duty to defend. Subconsultants of
Consultant shall obtain such insurance in an amount not less than $1,000,000 per
claim. Notwithstanding the foregoing, the Commission may consider written requests to
lower or dispense with the errors and omissions liability insurance requirement
contained in this Section for certain subconsultants of Consultant, on a case-by-case
basis, depending on the nature and scope of the Services to be provided by the
subconsultant. Approval of such request shall be in writing, signed by the
Commission’s Contract Administrator.
30.4 Aircraft Liability Insurance. Prior to conducting any Services requiring use
of aircraft, Consultant shall procure and maintain, or cause to be procured and
maintained, aircraft liability insurance or equivalent form, with a single limit as shall be
required by the Commission. Such insurance shall include coverage for owned, hired
and non-owned aircraft and passengers, and shall name, or be endorsed to name, the
Commission, Caltrans and their directors, officials, officers, employees and agents as
additional insureds with respect to the Services or operations performed by or on behalf
of the Consultant.
30.5 Insurance Endorsements. The insurance policies shall contain the
following provisions, or Consultant shall provide endorsements on forms approved by
the Commission to add the following provisions to the insurance policies:
(a) General Liability.
(i) Commercial General Liability Insurance must include
coverage for (1) bodily Injury and property damage; (2) personal Injury/advertising
Injury; (3) premises/operations liability; (4) products/completed operations liability; (5)
aggregate limits that apply per Project; (6) explosion, collapse and underground (UCX)
exclusion deleted; (7) contractual liability with respect to this Agreement; (8) broad form
property damage; and (9) independent consultants coverage.
(ii) The policy shall contain no endorsements or provisions
limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or
suits by one insured against another; or (3) contain any other exclusion contrary to this
Agreement.
(iii) The policy shall give the Commission, its directors, officials,
officers, employees, and agents insured status using ISO endorsement forms 20 10 10
01 and 20 37 10 01, or endorsements providing the exact same coverage.
(iv) The additional insured coverage under the policy shall be
“primary and non-contributory” and will not seek contribution from the Commission’s or
Caltrans’ insurance or self-insurance and shall be at least as broad as CG 20 01 04 13,
or endorsements providing the exact same coverage.
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(b) Automobile Liability. The automobile liability policy shall be
endorsed to state that: (1) the Commission, Caltrans and their directors, officials,
officers, employees and agents shall be covered as additional insureds with respect to
the ownership, operation, maintenance, use, loading or unloading of any auto owned,
leased, hired or borrowed by the Consultant or for which the Consultant is responsible;
and (2) the insurance coverage shall be primary insurance as respects the Commission,
Caltrans and their directors, officials, officers, employees and agents, or if excess, shall
stand in an unbroken chain of coverage excess of the Consultant’s scheduled
underlying coverage. Any insurance or self-insurance maintained by the Commission,
Caltrans and their directors, officials, officers, employees and agents shall be excess of
the Consultant’s insurance and shall not be called upon to contribute with it in any way.
(c) Workers’ Compensation and Employers Liability Coverage.
(i) Consultant certifies that he/she is aware of the provisions of
Section 3700 of the California Labor Code which requires every employer to be insured
against liability for workers’ compensation or to undertake self-insurance in accordance
with the provisions of that code, and he/she will comply with such provisions before
commencing work under this Agreement.
(ii) The insurer shall agree to waive all rights of subrogation
against the Commission, its directors, officials, officers, employees and agents for
losses paid under the terms of the insurance policy which arise from work performed by
the Consultant.
(d) All Coverages.
(i) Defense costs shall be payable in addition to the limits set
forth hereunder.
(ii) Requirements of specific coverage or limits contained in this
Section are not intended as a limitation on coverage, limits, or other requirement, or a
waiver of any coverage normally provided by any insurance. It shall be a requirement
under this Agreement that any available insurance proceeds broader than or in excess
of the specified minimum insurance coverage requirements and/or limits set forth herein
shall be available to the Commission, Caltrans and their directors, officials, officers,
employees and agents as additional insureds under said policies. Furthermore, the
requirements for coverage and limits shall be (1) the minimum coverage and limits
specified in this Agreement; or (2) the broader coverage and maximum limits of
coverage of any insurance policy or proceeds available to the named insured;
whichever is greater.
(iii) The limits of insurance required in this Agreement may be
satisfied by a combination of primary and umbrella or excess insurance. Any umbrella
or excess insurance shall contain or be endorsed to contain a provision that such
coverage shall also apply on a primary and non-contributory basis for the benefit of the
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Commission (if agreed to in a written contract or agreement) before the Commission’s
own insurance or self-insurance shall be called upon to protect it as a named insured.
The umbrella/excess policy shall be provided on a “following form” basis with coverage
at least as broad as provided on the underlying policy(ies).
(iv) Consultant shall provide the Commission at least thirty (30)
days prior written notice of cancellation of any policy required by this Agreement, except
that the Consultant shall provide at least ten (10) days prior written notice of
cancellation of any such policy due to non-payment of premium. If any of the required
coverage is cancelled or expires during the term of this Agreement, the Consultant shall
deliver renewal certificate(s) including the General Liability Additional Insured
Endorsement to the Commission at least ten (10) days prior to the effective date of
cancellation or expiration.
(v) The retroactive date (if any) of each policy is to be no later
than the effective date of this Agreement. Consultant shall maintain such coverage
continuously for a period of at least three years after the completion of the work under
this Agreement. Consultant shall purchase a one (1) year extended reporting period A)
if the retroactive date is advanced past the effective date of this Agreement; B) if the
policy is cancelled or not renewed; or C) if the policy is replaced by another claims-
made policy with a retroactive date subsequent to the effective date of this Agreement.
(vi) The foregoing requirements as to the types and limits of
insurance coverage to be maintained by Consultant, and any approval of said insurance
by the Commission, is not intended to and shall not in any manner limit or qualify the
liabilities and obligations otherwise assumed by the Consultant pursuant to this
Agreement, including but not limited to, the provisions concerning indemnification.
(vii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, Commission has the right but not the duty to obtain the
insurance it deems necessary and any premium paid by Commission will be promptly
reimbursed by Consultant or Commission will withhold amounts sufficient to pay
premium from Consultant payments. In the alternative, Commission may cancel this
Agreement. The Commission may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(viii) Neither the Commission nor any of its directors, officials,
officers, employees or agents shall be personally responsible for any liability arising
under or by virtue of this Agreement.
Each insurance policy required by this Agreement shall be endorsed to state that:
30.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the Commission. If the
Commission does not approve the deductibles or self-insured retentions as presented,
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Consultant shall guarantee that, at the option of the Commission, either: (1) the insurer
shall reduce or eliminate such deductibles or self-insured retentions as respects the
Commission, its directors, officials, officers, employees and agents; or, (2) the
Consultant shall procure a bond guaranteeing payment of losses and related
investigation costs, claims and administrative and defense expenses.
30.7 Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and
satisfactory to the Commission.
30.8 Verification of Coverage. Consultant shall furnish Commission with
original certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the Commission. The certificates and
endorsements for each insurance policy shall be signed by a person authorized by that
insurer to bind coverage on its behalf. All certificates and endorsements must be
received and approved by the Commission before work commences. The Commission
reserves the right to require complete, certified copies of all required insurance policies,
at any time.
30.9 Subconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have
provided evidence satisfactory to the Commission that they have secured all insurance
required under this Section. Policies of commercial general liability insurance provided
by such subcontractors or subconsultants shall be endorsed to name the Commission
as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing
the exact same coverage. If requested by Consultant, the Commission may approve
different scopes or minimum limits of insurance for particular subcontractors or
subconsultants.
30.10 Other Insurance. At its option, the Commission may require such
additional coverage(s), limits and/or the reduction of deductibles or retentions it
considers reasonable and prudent based upon risk factors that may directly or indirectly
impact the Project. In retaining this option Commission does not warrant Consultant’s
insurance program to be adequate. Consultant shall have the right to purchase
insurance in addition to the insurance required in this Section.
31. Safety. Consultant shall execute and maintain its work so as to avoid injury or
damage to any person or property. In carrying out its Services, the Consultant shall at
all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to:
(A) adequate life protection and life saving equipment and procedures; (B) instructions
in accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing
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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.
As between Consultant and the construction contractors only, the construction
contractors shall remain solely responsible for construction safety notwithstanding any
safety obligations of Consultant at the jobsite. The foregoing sentence shall not impact
nor in any way modify or alter Consultant’s indemnity and defense obligations to the
Commission, as set forth in Section 29 of this Agreement, not any of Consultant’s duties
or obligations set forth under this Agreement, including the attached exhibits.
Pursuant to the authority contained in Section 591 of the Vehicle Code, the Commission
has determined that the Project will contain areas that are open to public traffic.
Consultant shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14,
and 15 of the Vehicle Code. Consultant shall take all reasonably necessary precautions
for safe operation of its vehicles and the protection of the traveling public from injury and
damage from such vehicles.
32. Additional Work. Any work or activities that are in addition to, or otherwise
outside of, the Services to be performed pursuant to this Agreement shall only be
performed pursuant to a separate agreement between the parties. Notwithstanding the
foregoing, the Commission’s Executive Director may make a change to the Agreement,
other than a Cardinal Change. For purposes of this Agreement, a Cardinal Change is a
change which is “outside the scope” of the Agreement; in other words, work which
should not be regarded as having been fairly and reasonably within the contemplation of
the parties when the Agreement was entered into. An example of a change which is not
a Cardinal Change would be where, in a contract to construct a building there are many
changes in the materials used, but the size and layout of the building remains the same.
Cardinal Changes are not within the authority of this provision to order, and shall be
processed by the Commission as “sole source” procurements according to applicable
law, including the requirements of FTA Circular 4220.1D, paragraph 9(f).
(a) In addition to the changes authorized above, a modification which is
signed by Consultant and the Commission’s Executive Director, other than a Cardinal
Change, may be made in order to: (1) make a negotiated equitable adjustment to the
Agreement price, delivery schedule and other terms resulting from the issuance of a
Change Order, (2) reflect definitive letter contracts, and (3) reflect other agreements of
the parties modifying the terms of this Agreement (“Bilateral Contract Modification”).
(b) Consultant shall not perform, nor be compensated for any change,
without written authorization from the Commission’s Executive Director as set forth
herein. In the event such a change authorization is not issued and signed by the
Commission’s Executive Director, Consultant shall not provide such change.
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33. Prohibited Interests.
33.1 Solicitation. Consultant maintains and warrants that it has not employed
nor retained any company or person, other than a bona fide employee working solely for
Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has
not paid nor has it agreed to pay any company or person, other than a bona fide
employee working solely for Consultant, any fee, commission, percentage, brokerage
fee, gift or other consideration contingent upon or resulting from the award or making of
this Agreement. For breach or violation of this warranty, the Commission shall have the
right to rescind this Agreement without liability.
33.2 Consultant Conflict of Interest.
(a) Consultant shall disclose any financial, business, or other
relationship with Commission that may have an impact upon the outcome of this
Agreement, or any ensuing Commission construction project. Consultant shall also list
current clients who may have a financial interest in the outcome of this Agreement, or
any ensuing Commission construction project, which will follow.
(b) Consultant hereby certifies that it does not now have, nor shall it
acquire any financial or business interest that would conflict with the performance of
Services under this Agreement. Consultant agrees to advise Commission of any actual,
apparent or potential conflicts of interest that may develop subsequent to the date of
execution of this Agreement. Consultant further agrees to complete any statements of
economic interest if required by either Commission or State law.
(c) Any subcontract in excess of $25,000 entered into as a result of
this Agreement, shall contain all of the provisions of this Article.
(d) Consultant hereby certifies that neither Consultant, nor any firm
affiliated with Consultant will bid on any construction contract, or on any contract to
provide construction inspection for any construction project resulting from this
Agreement. An affiliated firm is one, which is subject to the control of the same persons
through joint-ownership, or otherwise.
(e) Except for subconsultants whose services are limited to providing
surveying or materials testing information, no subconsultant who has provided design
services in connection with this Agreement shall be eligible to bid on any construction
contract, or on any contract to provide construction inspection for any construction
project resulting from this Agreement.
33.3 Commission Conflict of Interest. For the term of this Agreement, no
member, officer or employee of the Commission, during the term of his or her service
with the Commission, shall have any direct interest in this Agreement, or obtain any
present or anticipated material benefit arising therefrom.
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33.4 Conflict of Employment. Employment by the Consultant of personnel
currently on the payroll of the Commission shall not be permitted in the performance of
this Agreement, even though such employment may occur outside of the employee’s
regular working hours or on weekends, holidays or vacation time. Further, the
employment by the Consultant of personnel who have been on the Commission payroll
within one year prior to the date of execution of this Agreement, where this employment
is caused by and or dependent upon the Consultant securing this or related Agreements
with the Commission, is prohibited.
33.5 Covenant Against Contingent Fees. As required in connection with
federal funding, the Consultant warrants that he/she has not employed or retained any
company or person, other than a bona fide employee working for the Consultant, to
solicit or secure this Agreement, and that he/she has not paid or agreed to pay any
company or person, other than a bona fide employee, any fee, commission, percentage,
brokerage fee, gift, or any other consideration, contingent upon or resulting from the
award or formation of this Agreement. For breach or violation of this warranty, the
Commission shall have the right to terminate this Agreement without liability pursuant to
the terms herein, or at its discretion to deduct from the Agreement price or
consideration, or otherwise recover, the full amount of such fee, commission,
percentage, brokerage fee, gift, or contingent fee.
33.6 Rebates, Kickbacks or Other Unlawful Consideration. Consultant
warrants that this Agreement was not obtained or secured through rebates kickbacks or
other unlawful consideration, either promised or paid to any Commission employee. For
breach or violation of this warranty, Commission shall have the right in its discretion; to
terminate this Agreement without liability; to pay only for the value of the work actually
performed; or to deduct from the contract price; or otherwise recover the full amount of
such rebate, kickback or other unlawful consideration.
33.7 Covenant Against Expenditure of Commission, State or Federal Funds for
Lobbying. The Consultant certifies that to the best of his/ her knowledge and belief no
state, federal or local agency appropriated funds have been paid, or will be paid by or
on behalf of the Consultant to any person for the purpose of influencing or attempting to
influence an officer or employee of any state or federal agency; a Member of the State
Legislature or United States Congress; an officer or employee of the Legislature or
Congress; or any employee of a Member of the Legislature or Congress, in connection
with the award of any state or federal contract, grant, loan, or cooperative agreement, or
the extension, continuation, renewal, amendment, or modification of any state or federal
contract, grant, loan, or cooperative agreement.
(a) If any funds other than federal appropriated funds have been paid,
or will be paid to any person for the purpose of influencing or attempting to influence an
officer or employee of any federal agency; a Member of Congress; an officer or
employee of Congress, or an employee of a Member of Congress; in connection with
this Agreement, the Consultant shall complete and submit the attached Exhibit “F”,
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Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with the
attached instructions.
(b) The Consultant’s certification provided in this Section is a material
representation of fact upon which reliance was placed when this Agreement was
entered into, and is a prerequisite for entering into this Agreement pursuant to Section
1352, Title 31, US. Code. Failure to comply with the restrictions on expenditures, or the
disclosure and certification requirements set forth in Section 1352, Title 31, US. Code
may result in a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
(c) The Consultant also agrees by signing this Agreement that he/she
shall require that the language set forth in this Section be included in all Consultant
subcontracts which exceed $100,000, and that all such subcontractors shall certify and
disclose accordingly.
33.8 Employment Adverse to the Commission. Consultant shall notify the
Commission, and shall obtain the Commission’s written consent, prior to accepting work
to assist with or participate in a third-party lawsuit or other legal or administrative
proceeding against the Commission during the term of this Agreement.
34. Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, ancestry,
sex or age. Such non-discrimination shall include, but not be limited to, all activities
related to initial employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination.
35. Right to Employ Other Consultants. Commission reserves the right to employ
other consultants in connection with the Project.
36. Governing Law. This Agreement shall be governed by and construed with the
laws of the State of California. Venue shall be in Riverside County.
37. Disputes; Attorneys’ Fees.
37.1 Prior to either party commencing any legal action under this Agreement,
the Parties agree to try in good faith, to resolve any dispute amicably between them. If a
dispute has not been resolved after forty-five (45) days of good-faith negotiations and as
may be otherwise provided herein, then either Party may seek any other available
remedy to resolve the dispute.
37.2. If either Party commences an action against the other Party, either legal,
administrative or otherwise, arising out of or in connection with this Agreement, the
prevailing Party in such litigation shall be entitled to have and recover from the losing
Party reasonable attorneys’ fees and, all other costs of such actions.
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38. Time of Essence. Time is of the essence for each and every provision of this
Agreement.
39. 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.
39.1 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:
Parsons Transportation Group Riverside County Transportation Commission
3200 E. Guasti Road, Suite 200 4080 Lemon Street, 3rd Floor
Ontario, CA 91761 Riverside, CA 92501
Attn: Nicole DePuy 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.
40. Conflicting Provisions. In the event that provisions of any attached exhibits
conflict in any way with the provisions set forth in this Agreement, the language, terms
and conditions contained in this Agreement shall control the actions and obligations of
the Parties and the interpretation of the Parties’ understanding concerning the
performance of the Services.
41. Amendment or Modification. No supplement, modification, or amendment of this
Agreement shall be binding unless executed in writing and signed by both Parties.
42. Entire Agreement. This Agreement contains the entire agreement of the Parties
relating to the subject matter hereof and supersedes all prior negotiations, agreements
or understandings.
43. 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.
44. Provisions Applicable When Federal Department of Transportation Funds Are
Involved. When funding for the Services provided by this Agreement are provided, in
whole or in part, from the United States Department of Transportation, Consultant shall
also fully and adequately comply with the provisions included in Exhibit “D” (Federal
Department of Transportation Requirements and California Department of
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Transportation (Caltrans) DBE program requirements) attached hereto and incorporated
herein by reference.
45. Survival. All rights and obligations hereunder that by their nature are to continue
after any expiration or termination of this Agreement, including, but not limited to, the
indemnification and confidentiality obligations, shall survive any such expiration or
termination.
46. No Third Party Beneficiaries. There are no intended third party beneficiaries of
any right or obligation assumed by the Parties.
47. Labor Certification. By its signature hereunder, Consultant certifies that it is
aware of the provisions of Section 3700 of the California Labor Code which require
every employer to be insured against liability for Workers’ Compensation or to
undertake self-insurance in accordance with the provisions of that Code, and agrees to
comply with such provisions before commencing the performance of the Services.
48. Counterparts. This Agreement may be signed in counterparts, each of which
shall constitute an original.
49. Subpoenas or Court Orders. Should Consultant receive a subpoena or court
order related to this Agreement, the Services or the Project, Consultant shall
immediately provide written notice of the subpoena or court order to the Commission.
Consultant shall not respond to any such subpoena or court order until notice to the
Commission is provided as required herein, and shall cooperate with the Commission in
responding to the subpoena or court order.
50. Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer,
either directly or by operation of law, this Agreement or any interest herein, without the
prior written consent of the Commission. Any attempt to do so shall be null and void,
and any assignees, hypothecates or transferees shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer.
51. Successors and Assigns. This Agreement shall be binding on the successors
and assigns of the parties, and shall not be assigned by Consultant without the prior
written consent of Commission.
52. Incorporation of Recitals. The recitals set forth above are true and correct and
are incorporated into this Agreement as though fully set forth herein.
53. No Waiver. Failure of Commission to insist on any one occasion upon strict
compliance with any of the terms, covenants or conditions hereof shall not be deemed a
waiver of such term, covenant or condition, nor shall any waiver or relinquishment of
any rights or powers hereunder at any one time or more times be deemed a waiver or
relinquishment of such other right or power at any other time or times.
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54. Electronically Transmitted Signatures; Electronic Signatures. A manually signed
copy of this Agreement which is transmitted by facsimile, email or other means of
electronic transmission shall be deemed to have the same legal effect as delivery of an
original executed copy of this Agreement for all purposes. This Agreement may be
signed using an electronic signature.
[Signatures on following page]
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SIGNATURE PAGE
TO
PROFESSIONAL SERVICES AGREEMENT
WITH FHWA FUNDING/ASSISTANCE
IN WITNESS WHEREOF, this Agreement was executed on the date first written
above.
RIVERSIDE COUNTY
TRANSPORTATION COMMISSION
By:
Anne Mayer
Executive Director
Approved as to Form:
By:
Best, Best & Krieger LLP
General Counsel
PARSONS TRANSPORTATION GROUP
By:
Signature
Name
Title
ATTEST:
By:
Its: ___________________________
* A corporation requires the signatures of two corporate officers.
One signature shall be that of the chairman of board, the president or any vice president and the second
signature (on the attest line) shall be that of the secretary, any assistant secretary, the chief financial
officer or any assistant treasurer of such corporation.
If the above persons are not the intended signators, evidence of signature authority shall be provided to
RCTC.
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Model Agreement Exhibit A
EXHIBIT “A” - SCOPE OF SERVICES
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EXHIBIT A (PART 1)
91 ECOP – Scope of Work Page 1 3/24/2023
State Route 91 Eastbound Corridor Operations Project (91 ECOP)
Scope of Work
Background
The Riverside County Transportation Commission (Commission), in cooperation with the Federal Highway
Administration (FHWA) and the California Department of Transportation (Caltrans), is proposing to add a
sixth general purpose (GP) lane in the eastbound (EB) direction from SR-241 in Orange County to SR-71 in
Riverside County. The Project improvements are within the Ultimate SR-91 Corridor Improvement Project
(CIP) footprint. The SR-91 CIP (0F5400) was approved in 2012. As stated in the approved Environmental
Impact Report/Environmental Impact Statement (EIR/EIS), implementation of the SR-91 CIP would be in
phases over a 20-year period, beginning with an Initial Phase and culminating with completion of the
Ultimate Project by 2035, as funding becomes available. This Project is a component of the Ultimate Project
for SR-91 CIP along eastbound SR-91 between SR-241 and SR-71. The purpose of the Project is to improve
traffic operations and safety along eastbound SR-91 between SR-241 and SR-71.
Assumptions
· Alternative Analysis includes up to six (6) alternatives during Phase 2. It is assumed that
concurrence on the preferred alternative will be obtained prior to proceeding with Phase 3.
· Materials Report and Life Cycle Cost Analysis will not be required as part of the PA/ED phase.
· No Supplemental Survey is required for the PA/ED phase.
· No Value Analysis Study will be required.
· No public hearing will be required for the environmental revalidation effort.
· No Supplemental EIR/EIS is required. If the results of the supplemental technical studies indicate
that there are significant or substantial impacts beyond those identified in the SR-91 CIP Final
EIR/EIS, dated August 2012, a Supplemental EIR/EIS would be required, which would require an
amendment to this scope.
· No Section 4(f) impacts.
· No Section 106 or Native American consultations.
· Paleontological Monitoring Plan is not required as part of the PA/ED and will be prepared during
the PS&E phase.
· Jurisdictional Determination Report is not required.
· Focus surveys for plants or animals are not required.
· Utility Potholing is excluded.
Optional Scope of Work
· Air Quality, Climate Change, and Energy Reports
Trigger: Air Quality Report, Air Quality Conformity Analysis, Air Quality Conformity
Findings Checklist, Climate Change analysis, or Energy Report
· Induced Demand Analysis and Report (VMT Analysis and Report)
Trigger: Induced Demand Analysis/VMT Analysis
· Studying up to two (2) additional alternatives during Phase 2, Alternative Analysis.
Trigger: More than 6 alternatives require preliminary evaluation or additional
engineering analysis is required on the alternatives being evaluated.
· Mindeman Landslide Technical Memorandum
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91 ECOP PA/ED – Scope of work Page 2 3/24/2023
A technical memorandum is required to justify avoiding impacts to the Mindeman
Landslide.
· Structures (Full Standard). The optional scope of work includes Structure Preliminary
Geotechnical Design Reports and Advanced Planning Studies for up to three (3) additional
nonstandard retaining walls that may be required if a “full standard” alternative is selected.
Additional nonstandard walls are required beyond the base scope listed under Task
4.1.11.1.
· Slope Stabilization Alternative Analysis
Trigger: Project requires evaluating alternatives to stabilize existing eroding slopes.
· Field Survey of Existing Slopes
Trigger: Project requires field survey of existing slopes to accurately evaluate slope
stabilization measures.
· Materials Report/Life Cycle Cost Analysis
Trigger: Caltrans requires a Materials Report and/or Life Cycle Cost Analysis be prepared
as part of the PA/ED phase.
Scope of Work
1. Project Management
1.1. Coordination and Meetings
Consultant shall direct & coordinate the work of its staff and subconsultants throughout the course of the
Project. Consultant shall serve as the primary contact for the consultant team in communication with
RCTC, Caltrans, OCTA, TCA, Counties, Cities, and other agencies.
Consultant shall coordinate and attend monthly PDT meetings and additional focus meetings. Agendas,
meeting minutes, & an action item list shall be prepared by the Consultant and distributed to the PDT at
each meeting. Consultant shall conduct weekly teleconference with RCTC staff to provide status updates
and shall act as an extension of staff as part of the project management duties and timely delivery of
documents.
1.2. Project Administration
Consultant shall execute and maintain subcontracts with each subconsultant. Consultant will perform
project administration services consisting of monthly invoicing, monitoring progress against budget, and
preparing monthly progress reports.
1.3. Project Schedule
Consultant shall provide a detailed project schedule, indicating milestones, major activities and
deliverables. Consultant shall update and submit the schedule on a monthly basis, to coincide with the
PDT meetings or as required.
1.4. Project Management Plan
Consultant will develop a Project Management Plan which includes a list of deliverables, milestone
submittal schedule, summary of organization responsibilities and contacts, specific scope of work, task
budgets, reporting and invoicing procedures, QA/QC plan, and project filing system. The Project
Management Plan will include a Risk Management Plan.
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91 ECOP PA/ED – Scope of work Page 3 3/24/2023
1.5. Adjacent Project Coordination
Consultant shall prepare an Adjacent Project Coordination matrix and update periodically to track on-
going and planned projects. Consultant shall coordinate with stakeholders and adjacent project owners
to stay up to date on adjacent projects.
1.6. Caltrans Encroachment Permit
Consultant will prepare and submit a Caltrans Encroachment Permit Application to obtain a permit for
PA/ED field activities including site visits, supplemental survey, and environmental surveys. Consultant
will keep this permit active over the course of the PA/ED phase.
Deliverables: Project Management Plan, Project Schedule, Caltrans Encroachment Permit (PA/ED
Phase)
1.7. Resource Agency Coordination
Consultant will coordinate with the various resource agencies regarding the environmental commitment
record mitigation measures as well as anticipated impacts at Coal Canyon Undercrossing.
2. PHASE 1 : Project Definition
2.1. Project Definition
Consultant shall identify the project limits and project study limits, prepare the draft purpose and need,
prepare conceptual exhibits including cross sections for each alternative, and establish independent
utility and logical termini for the project.
2.2. Data Collection
2.2.1. Existing Right of Way Mapping
Consultant will field locate cadastral monuments in the project area to establish the right of way
along the south side of the SR-91 within the project limits and from record information obtained
from RCTC and Caltrans.
2.2.2. Existing Utility Mapping
Consultant will send Letter #1 (As-Built Requests) to utility owners to confirm existing utility base
mapping and perform field visit to review existing utilities in the field. Consultant will update the
existing utility base mapping as needed and prepare existing utility plans for Supplemental Project
Report.
Deliverables: Purpose and Need, Conceptual Exhibits, Existing ROW Mapping, Existing Utility Plans
3. PHASE 2: Alternative Determination
3.1. Alternative Analysis
Consultant will evaluate each viable alternative from the previously prepared Alternative Analysis Report.
Consultant will work closely with RCTC to modify the alternatives as needed. Alternatives include express
lane ingress/egress design, single versus two lane off ramp at Green River Road, and lane/shoulder
widths along SR-91. Up to six (6) alternatives will be evaluated to determine nonstandard features, right-
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91 ECOP PA/ED – Scope of work Page 4 3/24/2023
of-way impacts, utility impacts, impacts to the Mindeman Landslide, bridge and retaining wall impacts,
and cost.
3.2. Alternative Analysis Workshops
Consultant will prepare for and attend four alternative analysis workshops with the various project
stakeholders. Understanding that all stakeholders may not be able to attend both workshops, up to 8
additional smaller working group meetings will be held with the various stakeholders.
3.3. Alternative Determination Technical Memorandum
Consultant will prepare an Alternative Determination Technical Memorandum documenting the
alternatives studied, recommending the preferred alternative, and documenting the justification for each
alternative studied but rejected. The general contents of this Technical Memorandum will include:
· Purpose of the Technical Memorandum
· Project Description
· Background
· Preferred Project Alternative
· Alternatives Studied but Rejected from Further Analysis
o Rough Order of Magnitude Cost Estimate
o Summary of justification including:
Impacts to Mindeman Landslide
Significant Environmental Impacts
Constructability/Feasibility Issues
Utility Impacts
Right-of-way impacts
Major Nonstandard Features (Lane Widths, Shoulder Widths, Sight Distance)
Consultant will coordinate with project stakeholders to obtain concurrence on the preferred alternative
prior to proceeding to Phase 3.
Deliverables: Alternative Analysis Technical Memorandum
4. PHASE 3: Technical Studies – Engineering and Environmental
4.1. Engineering Technical Studies
4.1.1. Supplemental Traffic Analysis
Consultant will utilize information in the following reports:
· 91 CIP Traffic Study Report
· 15/91 ELC Revenue Study
· Traffic volumes and simulation model outputs prepared by RCTC’s traffic consultant
The work limits are assumed to be from the SR-91/SR-241/Gypsum Canyon Rd interchange to the SR-
91/Green River Rd Interchange. The study limits are one interchange beyond the project work limits.
4.1.1.1. Existing Traffic Counts
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Consultant will utilize available traffic counts to the extent possible. Historical traffic data will be
supplemented with additional counts collected by the Project team.
4.1.1.2. Traffic Forecasting / Operations Analysis Methodology Memo
Consultant will prepare a Traffic Forecasting/Traffic Operations Analysis Methodology Memo
documenting the key input assumptions and methodology to be used to produce existing and
future traffic volumes and the procedures and assumptions to be used in the traffic operations
analysis and discuss with RCTC and Caltrans staff for concurrence. The memo will be developed
based on input from RCTC’s traffic consultant to present and document the modeling work and
traffic analysis performed. The memo will identify the basic geometry of the Build Alternative and
the changes to the existing condition that will constitute the No-Build Alternative. After review by
RCTC & Caltrans staff, a Final Technical Memo will be prepared. The memo will be submitted to
RCTC and Caltrans for approval prior to undertaking the forecasting work.
Deliverables: Draft & Final Traffic Forecasting / Traffic Operations Analysis Methodology
Memo
4.1.1.3. Traffic Data for Noise Analysis Memo
Consultant shall develop a Traffic Data for Noise Analysis Memo documenting the traffic volumes,
vehicle composition by lane and speeds to be used for noise studies undertaken for the
Environmental Revalidation of the SR-91 Corridor Improvement Project (CIP). Consultant shall
coordinate with RCTC’s traffic consultant to obtain traffic data and present it in the required
formats. The memo will be submitted to RCTC and Caltrans for approval.
Deliverables: Draft & Final Traffic Data for Noise Analysis Memo
4.1.1.4. Supplemental Traffic Operations Analysis Report (TOAR)
Consultant will prepare a supplemental TOAR containing traffic operations analysis. The
supplemental TOAR will include procedures and assumptions used in the traffic operations and
traffic safety analysis. Available data, reports, and relevant studies will be reviewed in preparation
of the supplemental TOAR. In addition, Project related impacts and mitigation measures shall be
identified. The study will meet the requirements for NEPA and CEQA documentation required for
the project. The results of related studies will be considered and incorporated as appropriate. The
supplemental TOAR will be submitted to RCTC and Caltrans for review and approval.
The TOAR will analyze AM and PM peak hour conditions for the following scenarios:
· Existing (Base Year)
· No Build (ETC Year)
· Build (ETC Year)
· No Build (Design Year)
· Build (Design Year)
The TOAR will include the following analyses:
· Mainline Segment Analysis
· Weaving Segment Analysis
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· Ramp Merge/Diverge Analysis
· Tolled Express Lane (TEL) Segment Analysis
· Intersection Analysis
· Safety Analysis
Deliverables: Draft & Final Supplemental Traffic Operations Analysis Report
4.1.1.5. VMT Exemption Justification Memo
Consultant will prepare a VMT Exemption Justification Memo to document the justification for
not performing induced demand analysis and VMT analysis as part of the revalidation effort.
The justification for this includes that the SR-91 CIP EIR/EIS was adopted prior to the
implementation of SB 743 and the supplemental traffic analysis is not anticipated to
substantially change the initial study’s results.
Deliverables: Draft & Final VMT Exemption Justification Memo
4.1.2. Geometric Approval Drawings/Supplemental Design Standard Decision Document
Consultant will provide preliminary engineering services to clearly define the project and gain
consensus from project stakeholders. This scope includes preparing the Geometric Approval
Drawings for the preferred alternative along with the SDSDD for both Caltrans District 8 and
District 12 and holding the necessary workshops and stakeholder comment resolution meetings to
obtain approval.
Deliverables: Geometric Approval Drawings and Supplemental Design Standard Decision
Document
4.1.3. Storm Water Data Report (SWDR)
Consultant will prepare a Long Form Storm Water Data Report based on the preferred alternative.
During this PA/ED phase, the focus of the report will be to establish applicable permanent and
temporary BMP requirements. It is assumed that the new impervious surface (NIS) will exceed 1
acre and that treatment will be required for the project, and that it will be feasible to implement
such BMPs within the project area. The report will document preliminary treatment BMP sizes,
types, and locations, and complete the associated and required checklists. Proposed Design
Pollution Prevention BMPs will be identified using the corresponding checklist. Proposed
Temporary Construction Site BMPs will also be identified along with the project’s risk level.
Consultant will coordinate with RCTC and Caltrans to obtain concurrence.
Deliverables: Draft and Final SWDR
4.1.4. Conceptual Drainage Study Report
Consultant will prepare a Conceptual Drainage Study Report. The Conceptual Drainage Study Report
will include a preliminary on-site and off-site hydrologic analysis within the project limits for the
selected preferred alternative. Preliminary plans will be included that identify drainage impacts
within the project limits including the relocation or realignment of existing drainage systems and
determine the drainage improvements for on-site and off-site drainage facilities. This will be
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identified in coordination with existing and proposed Post Construction Treatment Best
Management Practices and will be done for the preferred alternative. There are no expected
modifications or encroachments within the regulatory floodway. Caltrans and County drainage
systems will be reviewed and the impacts of the preferred alternative on these facilities will be
studied. Necessary replacements and/or improvements including incorporation of Post
Construction Treatment Best Management Practices will be reflected in the cost estimates.
Consultant will coordinate with other agencies regarding their plans for drainage improvements
affecting the project. Consultant will coordinate with RCTC and Caltrans to obtain concurrence.
Deliverables: Draft and Final Conceptual Drainage Study Report
4.1.5. Right of Way Data Sheet
Consultant shall prepare the Right of Way (ROW) Data Sheet, including the Utility Relocation
Information, for inclusion in the Supplemental Project Report. Consultant will coordinate with RCTC
and Caltrans to obtain concurrence.
Deliverables: Draft and Final ROW Data Sheet
4.1.6. Utility Information Sheet and Conflict Matrix
Consultant shall prepare the Utility Information Sheet and Conflict Matrix for inclusion in the
Supplemental Project Report. Consultant will coordinate with RCTC and Caltrans to obtain
concurrence.
Deliverables: Draft and Final Utility Information Sheet and Conflict Matrix
4.1.7. Cost Estimate for the Preferred Alternative
Consultant shall prepare the standard 11-page cost estimate for the preferred alternative and
coordinate with RCTC and Caltrans to obtain concurrence.
Deliverables: Draft and Final 11-page cost estimate
4.1.8. Transportation Management Plan (TMP) Data Sheet
Consultant will prepare a TMP Data Sheet based on the most recent edition of the Caltrans TMP
Guidelines. The TMP Data Sheet will identify preliminary costs for TMP strategies such as Public
Information, Incident Management, Demand Management, etc. It is assumed that the TMP Data
Sheet will be prepared after the preferred alternative has been selected. Consultant will coordinate
with RCTC and Caltrans to obtain concurrence.
Deliverables: Draft and Final TMP Data Sheet
4.1.9. Staging Concept Plans
Consultant will prepare Stage Construction Concept Exhibits for the proposed improvements. The
Stage Construction Concept Exhibits will identify the work zone and description of work, depict the
proposed traffic control layout and temporary traffic control devices such as delineators, barrier,
barricades, and temporary striping. Other items such as temporary signage, striping details, and
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delineator spacing will not be shown. For the purposes of this proposal, it is assumed that six (6)
major construction stages will be depicted, and that up to two (2) rounds of comments will be
received by the reviewing agency. It is assumed that the Stage Construction Concept Exhibits will be
prepared after the preferred alternative has been selected. Consultant will coordinate with RCTC
and Caltrans to obtain concurrence.
Deliverables: Draft and Final Staging Concept Plans
4.1.10. Overhead Sign Concept Plan
Consultant will prepare an Overhead Sign Concept Plan that covers the extent of the project limits
and any outlying overhead signs impacted by the proposed project. The Overhead Sign Concept
Plan will be limited to showing the overall intended messaging along the corridor to ensure it meets
CAMUTCD requirements. This includes existing and proposed overhead sign panels (including
Express Lane signs), sign structures (i.e. one post, two post, bridge mounted), changeable message
signs, toll gantries, stationing, and existing and proposed striping. The Overhead Sign Concept Plan
will not cover items such as electrical components, overhead sign dimensions, sign structure type,
and roadside signs unless they are directly relevant to conveying the proposed messaging. It is
assumed that the Overhead Sign Concept Plan will be prepared after the preferred alternative has
been selected. Consultant will coordinate with RCTC, Caltrans, and FHWA, if needed, to obtain
concurrence on the Overhead Sign Concept Plan.
Deliverables: Draft and Final Overhead Sign Concept Plan
4.1.11. Geotechnical Services
The scope of work will include a review of proposed plans, site reconnaissance, review of aerial
photographs, review of published geotechnical and seismic maps and other data, and review of
existing subsurface information within the corridor; no subsurface exploration is proposed at this
stage. Geotechnical analysis, reports, and recommendations will be prepared in accordance with the
current Caltrans Geotechnical Manual report guideline modules.
4.1.11.1. Structure Preliminary Geotechnical Report
Consultant will prepare Structure Preliminary Geotechnical Design Reports in support of the
Advanced Planning Studies for the following structures. A separate SPGR will be submitted for
each structure to support APS as required by and in accordance with “Caltrans Geotechnical
Manual, Foundation Reports For Bridges (January 2021)” and “Caltrans Geotechnical Manual,
Foundation Reports For Earth Retaining Systems (ERS) (January 2021).”
· County Line Creek Bridge (Widen)
· Coal Canyon Undercrossing (Widen)
· Retaining Wall No. 538 (Sta 538+00), Cut Wall, Approx. Length = 200 ft
· Retaining Wall No. 560 (Sta 560+00), Cut Wall, Approx. Length = 800 ft
· Retaining Wall No. 582 (Sta 582+00), Fill Wall, Approx. Length = 800 ft
· Retaining Wall No. 609 (Sta 609+00), Cut Wall, Approx. Length = 1200 ft
Deliverables: Structure Preliminary Geotechnical Reports
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4.1.11.2. Preliminary Geotechnical Design Report
Consultant will prepare a single Preliminary Geotechnical Design Report (PGDR) for the roadway
portions of the project. The report will be a paper study (no fieldwork) and provide the
necessary information for the PA/ED stage of the project. The report will be prepared based on
the proposed PA/ED plans, published geologic and seismic data, available as-built drawings and
Log of Test Borings (LOTB) for existing structures, recent subsurface information and
geotechnical reports from the SR-91 CIP D-B. The PGDR will be prepared in accordance with
“Caltrans Geotechnical Manual, Geotechnical Design Reports (February 2021)” for evaluation of
the roadway project alternatives under consideration for project scoping, cost estimating, and
geotechnical design considerations.
Deliverables: Draft & Final Preliminary Geotechnical Design Report
4.1.12. Structure Advanced Planning Studies
It is assumed that an Advanced Planning Study will be required for each nonstandard wall
and bridge widening. Advanced Planning Studies for the following structures are assumed:
· County Line Creek Bridge (Widen)
· Coal Canyon Undercrossing (Widen)
· Retaining Wall No. 538 (Sta 538+00), Cut Wall, Approx. Length = 200 ft
· Retaining Wall No. 560 (Sta 560+00), Cut Wall, Approx. Length = 800 ft
· Retaining Wall No. 582 (Sta 582+00), Fill Wall, Approx. Length = 800 ft
· Retaining Wall No. 609 (Sta 609+00), Cut Wall, Approx. Length = 1200 ft
Deliverables: Structure Advanced Planning Studies
4.1.13. Supplemental Noise Abatement Decision Report (SNADR)
Consultant will prepare Supplemental Noise Abatement Decision Report (SNADR). Consultant will
coordinate with RCTC and Caltrans to obtain concurrence.
Deliverables: Draft and Final SNADR
4.2. Environmental Technical Studies
4.2.1. Initial Site Assessment (ISA) Technical Memorandum
Consultant will prepare ISA Technical Memorandum to update potential impacts from hazardous
materials. A new records search would be required along with a field survey to document site
conditions. Consultant will coordinate with RCTC and Caltrans to obtain concurrence.
Deliverables: Draft and Final ISA Technical Memorandum
4.2.2. Air Quality Conformity Memorandum
Consultant will prepare Air Quality Conformity Memorandum to document that the previous Air
Quality Conformity Determination for the project still stands. This scope of work assumes that the
air quality analysis will follow the same approach used for the SR-91 Corridor Operations Project. A
Technical Memorandum will be prepared to document the approach used to reach the conclusion
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that the previously issued Project Level Conformity Determination for the SR-91 CIP remains valid
for obtaining the Record of Decision for the currently proposed improvements associated with the
Ultimate SR-91 CIP. This methodology was based on the following three triggers for redetermination
of conformity: (1) a significant change in the project’s design concept and scope; (2) 3 years’ lapse
since the most recent major step to advance the project; (3) or initiation of a supplemental
environmental document for air quality purposes.
Deliverables: Air Quality Technical Memorandum
4.2.3. Supplemental Noise Study Report
Consultant will prepare a Noise Study Workplan, perform noise measurements, and prepare the
Supplemental Noise Study Report. Consultant will coordinate with RCTC and Caltrans to obtain
concurrence.
Deliverables: Draft and Final Supplemental Noise Study Report
4.2.4. Natural Resources
Consultant will obtain new species lists, perform field surveys, and prepare a Supplemental Natural
Environment Study. Consultant will coordinate with RCTC and Caltrans to obtain concurrence.
Deliverables: Draft and Final Supplemental Natural Environmental Study
4.2.5. Cultural Resources
Cultural Resources Records Search. Consultant will initiate a cultural records search request from the
Eastern Information Center (EIC) for the portion of the project area within Riverside County and
with the South Central Coastal information Center (SCCIC) for the portion of the project area in
Orange County. The records searches will identify known cultural resources and previous
investigations situated within a 1.0-mile search radius around the preferred alternative. In addition,
the Built Environment Resources Directory (BERD) will be reviewed to identify properties listed on
or determined eligible for listing on the National Register of Historic Places (NRHP) and the
California Register of Historical Resources (CRHR). Historic-age maps and photographs will be
reviewed to determine if there are historic-age (i.e., 50 years old or older) structures or features
within the Project area.
Sacred Lands File Search. Consultant will contact the California Native American Heritage
Commission (NAHC) for a new/updated Sacred Lands File (SLF) search. Current NAHC lead times are
6 to 8 weeks; Consultant will remain in communication with the NAHC and will alert the
Commission and Caltrans if NAHC results cannot be returned within the 6- to 8-week projected
timeline. The NAHC will determine whether any reported Native American sacred lands are located
within or adjacent to the project area. In addition, the NAHC will provide a list of Native American
tribes affiliated with the project area. No new Section 106 or Native American consultations are
anticipated.
Cultural Resources Survey. Consultant will perform an intensive cultural resources survey of
approximately 4.5 linear miles south of the eastbound lanes of SR-91, between the interchanges
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with SR-241 to the west and SR-71 to the east, near Chino, as delineated in the APE map. Fieldwork
will examine the Project area for prehistoric and historic-age archaeological sites and historic-age
built structures or features. Any newly identified archaeological resources and historic-age elements
of the built environment will be mapped and documented in detail. Sufficient information will be
collected to prepare a California Department of Parks and Recreation (DPR) 523 site record for each
identified resource. Any previously recorded resources will be examined with the site constituents
and conditions compared to those originally documented. Any changes or new information will be
documented, and an updated DPR 523 record will be prepared.
Supplemental Archaeological Survey Report. Consultant will prepare an Archaeological Survey
Report (ASR) summarizing the Project description, regulatory context, environmental setting, and
historic, ethnographic, and prehistoric background of the area. The report will describe the methods
and results of the records search, SLF search, and pedestrian survey. Any cultural resources
identified within the survey area will be described in detail with DPR 523 records provided as a
confidential appendix to the report. The report will include recommendations for any further work
that may be required, such as formal evaluation of resources for eligibility to the NRHP and CRHR.
The report will be prepared following the standards specified by Caltrans in the Standard
Environmental Reference (SER), Volume 2: Cultural Resources.
Supplemental Historic Properties Survey Report. Consultant will prepare a Supplemental Historic
Properties Survey Report (SHPSR) summarizing the project description, regulatory context,
environmental setting, and historic, ethnographic, and prehistoric background of the area. The
SHPSR will describe the methods and results of the updated records searches and SLF search and
will summarize results from previous cultural resources investigations within the project area. The
SHPSR will include recommendations for any further work that may be required, such as formal
evaluation of resources for eligibility to the NRHP and CRHR. The report will be prepared following
the standards specified by Caltrans in the Standard Environmental Reference (SER), Volume 2:
Cultural Resources. Consultant will coordinate with RCTC and Caltrans to obtain concurrence.
Deliverables: Supplemental Archaeological Survey Report, Supplemental Historic Properties Survey
Report (SHPSR)
4.2.6. Supplemental Community Impact Assessment Memorandum
Consultant will prepare a Supplemental Community Impact Assessment Memorandum. Consultant
will coordinate with RCTC and Caltrans to obtain concurrence.
Deliverables: Draft and Final Supplemental Community Impact Assessment Memorandum
4.2.7. Paleontological Resources
Consultant will prepare a Paleontological Identification Report/Paleontological Evaluation Report
(PIR/PER) Memorandum. Since the paleontological records search for the SR-91 CIP was completed
more than 10 years ago, supplemental records searches will be requested from the Natural History
Museum of Los Angeles County and the Western Science Center. The qualified paleontologist will
then produce a Memorandum summarizing any updates to the project description, maps, geology,
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paleontological potential, and mitigation recommendations for the project area. The Memorandum
will also state if the information in the adopted SR-91 CIP EIR/EIS and previously approved
revalidations remains valid with regard to paleontological resources. Consultant will coordinate with
RCTC and Caltrans to obtain concurrence.
Deliverables: PIR/PER Memorandum
4.2.8. Energy and Climate Change Memo
Consultant will prepare Energy and Climate Change Memorandum. Consultant will coordinate with
RCTC and Caltrans to obtain concurrence. The memorandum will document that the SR-91 ECOP is
consistent with Caltrans energy climate change requirements.
Deliverables: Energy and Climate Change Memorandum
4.2.9. Focused Bat Survey and Reporting
Most of the structures within the proposed project area that contain bat roosting habitat have been
surveyed within the past few years for other projects, and maternity-season surveys are typically
valid for several years provided there are no changes to site conditions. Consequently, recent data
can be used to analyze potential impacts from the proposed project and avoid any unnecessary
duplication of survey effort. However, the SR-91/SR-241 flyover structures at Gypsum Canyon has not
been surveyed since summer 2017. Given that the Canyon and Canyon 2 fires in fall 2017 may have
affected roosting habitat south of this flyover along the SR-241, and there is a potential for some of
those colonies to have relocated to the SR-241 flyovers, nighttime acoustic and emergence survey
may be conducted at those structures, if requested by RCTC or Caltrans.
After the nighttime acoustic and emergence survey is completed, the bat specialist will analyze all
acoustic data collected and prepare a brief report documenting the survey results. The report will
also include project-specific recommendations to minimize potential adverse effect to bats from the
proposed project for incorporation into the project’s environmental documents.
PHASE 4: Complete PA/ED and Revalidation
5.1 Supplemental Project Report
Consultant will update the 91 CIP Project Report sections that change or require discussion due to the
91 ECOP. Sections that do not change will be documented as ‘no change’ within the Supplemental
Project Report. The 91 CIP approved Project Report contained the following sections: (bold italics
indicates changes are anticipated)
Consultant will prepare SPR Attachments not previously described in Section 4:
· Vicinity Map
· Geometric Plans for the Preferred Alternative (Layouts, Typical Sections, Profiles)
Deliverables: Draft & Final Supplemental Project Report
5.2 Environmental Revalidation and Environmental Commitments Record (ECR)
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The Consultant will prepare a CEQA/NEPA Revalidation/Re-Evaluation Form summarizing the results of
the environmental impacts associated with the 91 ECOP project. For environmental resources resulting
in no change since the previous environmental approval and/or minor change in the environmental
setting and/or effects, a short discussion justifying the validity of the Final EIR/EIS will be prepared in
the Revalidation Form.
Consultant will review 91 CIP ECR to identify the measures applicable to the 91 ECOP and revise if
needed based on the results of the supplemental engineering and environmental technical studies.
Deliverable: CEQA/NEPA Revalidation and Environmental Commitments Record
5.3 Notice of Determination (NOD) / Record of Decision (ROD)
Consultant shall prepare a Notice of Determination (NOD) and Record of Decision (ROD) discussing
potential effects of the 91 ECOP. Since the revalidation will not be circulated for public review,
response to comments will not be included in the ROD. The following activities will be conducted by
the Consultant for this effort:
· Prepare NOD/ROD summarizing the results of the supplemental environmental studies
· Draft Statute of Limitations on Claims and submit to Caltrans for review and approval
Deliverables: NOD/ROD; Statute of Limitation on Claims
6 OPTIONAL SCOPE OF WORK
6.1 Air Quality, Climate Change, and Energy Reports
Consultant will prepare an Air Quality Report (AQR), an Air Quality Conformity Analysis (AQCA), an Air
Quality Conformity Findings Checklist, and a Climate Change insert for capacity-increasing projects
using annotated outline templates from the Caltrans website. The AQR will analyze operational mobile
source emissions from vehicles traversing the Project corridor under existing conditions and in the
opening and horizon years with and without the Project using traffic forecast data from the regional
transportation model that is assumed will be provided by RCTC’s traffic consultant. The AQR will
address long-term changes in emissions of ozone precursors, criteria air pollutants, mobile source air
toxics (MSATs), and greenhouse gases (GHGs) using the California Air Resources Board (CARB) EMission
FACtor (EMFAC) model. The AQR will also address temporary, short-term emissions of air pollutants
during construction activities, as well as federal requirements related to Transportation Conformity.
Consultant will evaluate consistency with Regional Conformity by confirming that the Project is
programmed in the most recently approved Southern California Association of Governments (SCAG)
Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) that has obtained approval
of its regional conformity analysis from the Federal Highways Administration (FHWA) and Federal
Transit Administration (FTA), as well as the most recent Federal Transportation Improvement Program
(FTIP). The Project-Level Conformity assessment will involve ensuring that the Project’s proposed
improvements are accurately described in the SCAG RTP/SCS entry with the correct opening year, as
well as addressing a Hot Spots analysis due to Riverside County’s current nonattainment status for the
particulate matter (PM) ambient air quality standards. Consultant will prepare a PM Conformity Hot
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Spot Analysis to be presented to the SCAG Transportation Conformity Working Group (TCWG). The
approach to demonstrating that the Project is not a Project of Air Quality Concern (POAQC) will follow
the same tiering evaluation as the 2020 SR-91 COP, in that the Project is captured within the
conformity analysis corresponding to the 2012 SR-91 CIP EIR/EIS for the Ultimate Project and less than
three (3) years have lapsed since the last major project milestone (SR-91 COP westbound construction).
The TCWG determination will be posted via public notice since the environmental document will not
circulate.
In addition to the AQR, Consultant will prepare a Climate Change insert for the environmental
document developed by Caltrans for capacity-increasing projects. Similar to the AQR, the Climate
Change assessment will disclose annual GHG emissions estimated for existing conditions and the
opening and horizon year of the Project for the Build and No Build Alternatives. The analysis will also
consider the Project’s consistency with the SCAG SCS in accordance with Senate Bill 375 and will
provide an overview of relevant GHG emissions reduction strategies at the regional and local levels. An
adaptation analysis will be included that addresses possible future environmental concerns related to
climate change such as sea level rise, precipitation and flooding, wildfires, and extreme heat. This
scope accounts for responding to two rounds of comments received from Caltrans review.
Consultant will prepare an Energy Report based on methodology provided by Caltrans in Chapter 13 of
the Standard Environmental Reference and using the Energy Analysis Outline (2022). The Energy
Report will determine if implementation of the Project would result in the wasteful, inefficient, or
unnecessary use of energy, or wasteful use of energy resources. The analysis will include estimating
direct energy use during construction activities and long-term changes in energy use (i.e.,
transportation fuels) indirectly resulting from the additional capacity along the Project corridor.
Regarding short-term energy consumption, fuel use will be estimated using the Sacramento
Metropolitan Air Quality Management District (SMAQMD) Road Construction Emissions Model (RCEM)
and the United States Environmental Protection Agency (U.S. EPA) GHG equivalencies formulas. To
address long-term energy consumption, fuel use in the corridor will be estimated using emission
factors from the EMFAC model and traffic data provided by the project team (i.e., vehicle miles
traveled and vehicle speeds). The Energy Report will also include a qualitative discussion of indirect
energy consumption from roadway maintenance, direct energy consumption from lighting, and
consistency with local and State Energy Conservation Plans.
Deliverables: Air Quality Report (AQR), Air Quality Conformity Analysis (AQCA), Air Quality
Conformity Findings Checklist, Climate Change insert, Energy Report
6.2 Induced Demand Analysis Report
Consultant will run the Regional Travel Demand model runs to forecast vehicle miles traveled (VMT).
The induced demand analysis will adhere to the Transportation Analysis Framework (TAF) guidance and
will use VMT measurements based on the 2020 SCAG Activity Based Model benchmarked by the
National Center for Sustainable Transportation (NCST) Calculator. The analysis will compare the VMT
with and without the project to determine if there is a significant impact. If VMT increases occur, the
consultant will evaluate mitigation measures to determine their ability to reduce the project's VMT
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impacts based on Transportation Analysis under CEQA (TAC) guidelines for evaluating transportation-
related projects.
Deliverables: Induced Demand Analysis Report
6.3 Additional Alternative Analysis
Up to two (2) additional alternatives will be evaluated to determine nonstandard features, right-of-way
impacts, utility impacts, impacts to the Mindeman Landslide, bridge and retaining wall impacts, and cost.
Two additional alternatives will be included in the Alternative Determination Technical Memorandum
discussed under Task 3.3.
6.4 Mindeman Landslide Technical Memorandum
Consultant will prepare a technical memorandum addressing the Mindeman Landslide. The technical
memorandum will be a desktop study to justify the avoidance of widening alternatives that would
impact the landslide area.
Deliverables: Mindeman Landslide Technical Memorandum
6.5 Structures (Full Standard)
6.5.1 Structure Preliminary Geotechnical Report (Full Standard)
In addition to the structures listed in 4.1.11.1, Consultant will prepare Structure Preliminary
Geotechnical Design Reports in support of the APS for the following structures. A separate SPGR
will be submitted for each structure to support APS as required by and in accordance with
“Caltrans Geotechnical Manual, Foundation Reports For Bridges (January 2021)” and “Caltrans
Geotechnical Manual, Foundation Reports For Earth Retaining Systems (ERS) (January 2021).”
· Retaining Wall No. 574 (Sta 574+00), Cut Wall, Approx. Length = 600 ft
· Retaining Wall No. 580 (Sta 580+00), Fill Wall, Approx. Length = 170 ft
· Retaining Wall No. 598 (Sta 598+00), Cut Wall, Approx. Length = 860 ft
Deliverables: Structure Preliminary Geotechnical Reports
6.5.2 Structure Advanced Planning Studies (Full Standard)
Additional Structures include:
· Retaining Wall No. 574 (Sta 574+00), Cut Wall, Approx. Length = 600 ft
· Retaining Wall No. 580 (Sta 580+00), Fill Wall, Approx. Length = 170 ft
· Retaining Wall No. 598 (Sta 598+00), Cut Wall, Approx. Length = 860 ft
Deliverables: Structure Advanced Planning Studies
6.6 Slope Stabilization Alternative Analysis
Consultant will evaluate alternatives to stabilize spot locations of eroding slopes along eastbound SR-91.
It is assumed that up to 3 locations will be evaluated. A technical memorandum will be prepared to
document the existing conditions, alternatives for consideration, and cost. Consultant will evaluate
environmental impacts associated with the slope stabilization alternatives. It is assumed that no
subsurface investigation will be required as part of this alternative analysis.
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Deliverables: Slope Stabilization Technical Memorandum
6.7 Field Survey of Existing Slopes
Consultant will perform field survey of existing slopes to support the Slope Stabilization Technical
Memorandum, if necessary. Up to 3 locations are assumed.
Deliverables: Field Survey of Existing Slopes
6.8 Materials Report/Life Cycle Cost Analysis
Consultant shall prepare Materials Report providing pavement section recommendations. A Life Cycle
Cost Analysis will be prepared to determine the preferred pavement type.
Deliverables: Materials Report, Life Cycle Cost Analysis
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Model Agreement Exhibit B
EXHIBIT “B” - SCHEDULE OF SERVICES
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FIGURE C-7: ScheduleFIGURE #-#: 91 ECOP Schedule Summary
91 ECOP SCHEDULE
ID TASK NAME
DURATION START FINISH 2023 2024 2025 2026
May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar
1 91 ECOP PA/ED Phase 723 days Thu 6/1/23 Mon 3/9/26
2 Notice To Proceed (NTP)0 days Thu 6/1/23 Thu 6/1/23
3 Kick-Off Meeting 0 days Wed 6/14/23 Wed 6/14/23
4 Adjacent Project Coordination 505 days Thu 6/15/23 Wed 5/21/25
5 Project Management Plan/Risk Management Plan 60 days Thu 6/1/23 Wed 8/23/23
10 Project Definition (PHASE 1)20 days Thu 6/15/23 Wed 7/12/23
11 Project Description, Purpose & Need, Exhibit 20 days Thu 6/15/23 Wed 7/12/23
16 Data Collection 65 days Thu 6/15/23 Wed 9/13/23
17 Existing Right-of-Way Mapping 30 days Thu 6/15/23 Wed 7/26/23
19 Utility Coordination 65 days Thu 6/15/23 Wed 9/13/23
23 Alternative Determination (PHASE 2)245 days Thu 6/15/23 Wed 5/22/24
24 Alternative Determination Report 150 days Thu 6/15/23 Wed 1/10/24
36 Supplemental Traffic Studies 225 days Thu 7/13/23 Wed 5/22/24
50 Technical Studies - Engineering and Environmental (PHASE 3)295 days Thu 1/11/24 Wed 2/26/25
51 Environmental Technical Studies 272 days Thu 1/11/24 Fri 1/24/25
52 Noise 272 days Thu 1/11/24 Fri 1/24/25
53 Traffic Counts (For Noise Study)65 days Thu 1/11/24 Wed 4/10/24
58 Noise Study Report Workplan 70 days Thu 1/11/24 Wed 4/17/24
66 Field Measurements 5 days Thu 4/18/24 Wed 4/24/24
68 TNM Calibration Model 60 days Thu 4/25/24 Wed 7/17/24
75 Noise Build Model 55 days Thu 7/18/24 Wed 10/2/24
80 Supplemental Noise Study Report 40 days Thu 10/3/24 Wed 11/27/24
85 Supplemental Noise Abatement Decision Report 50 days Mon 11/18/24 24 Fri 1/24/25
90 Air Quality 125 days Thu 1/11/24 Wed 7/3/24
96 Supplemental NES 150 days Thu 1/11/24 Wed 8/7/24
105 Cultural Resources Memo 110 days Thu 1/11/24 Wed 6/12/24
111 Paleontological Resources 90 days Thu 1/11/24 Wed 5/15/24
116 ISA Memo 90 days Thu 1/11/24 Wed 5/15/24
121 Energy and Climate Change Memo 160 days Thu 1/11/24 Wed 8/21/24
128 Community Impact Assessment Memo 90 days Thu 1/11/24 Wed 5/15/24
133 Engineering Technical Studies 295 days Thu 1/11/24 Wed 2/26/25
134 (GAD) Drawings and (DSDD) Document 215 days Thu 1/11/24 Wed 11/6/24
149 Overhead Sign Concept Plan 100 days Thu 4/4/24 Wed 8/21/24
157 ROW Data Sheet 60 days Thu 8/15/24 Wed 11/6/24
165 TMP Data Sheet 70 days Thu 8/15/24 Wed 11/20/24
173 Staging Concept Plans 130 days Thu 7/18/24 Wed 1/15/25
181 Conceptual Drainage Study Report 135 days Thu 7/18/24 Wed 1/22/25
189 Storm Water Data Report (SWDR) 95 days Thu 8/15/24 Wed 12/25/24
197 Preliminary Structures Engineering 140 days Thu 8/15/24 Wed 2/26/25
206 Preliminary Geotechnical Report 75 days Thu 8/15/24 Wed 11/27/24
212 Complete SPR and Revalidation (Phase 4) 348 days Thu 11/7/24 Mon 3/9/26
213 Environmental Revalidation 95 days Thu 12/26/24 Wed 5/7/25
221 Supplemental Project Report (SPR) 140 days Thu 11/7/24 Wed 5/21/25
226 Notice of Determination/Record of Decision (NOD/ROD)205 days Mon 5/26/25 Mon 3/9/26
LEGEND Critical Path Noncritical Path
The Parsons team has the existing data to kickoff
the alternative analysis directly following NTP.
NOD/ROD RCTC Committee and Commission Adoption, and
Statute of Limitations is anticipated to take 9 months. PS&E
phase can be be delivered concurrently, if not sooner.
PA/ED Phase is anticipated to take
2 years from NTP to SPR approval
Critical Path is expected to run through the Supplemental
Noise Analysis and Environmental Revalidation
1
Riverside County Transportation Commission
Completion of Project Approval/Environmental Document for the State Route 91 Eastbound Corridor Operations Project
FIGURE #-#: 91 ECOP Schedule Summary
91 ECOP SCHEDULE
ID TASK NAME
DURATION START FINISH 2023 2024 2025 2026
May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar
1 91 ECOP PA/ED Phase 723 days Thu 6/1/23 Mon 3/9/26
2 Notice To Proceed (NTP)0 days Thu 6/1/23 Thu 6/1/23
3 Kick-Off Meeting 0 days Wed 6/14/23 Wed 6/14/23
4 Adjacent Project Coordination 505 days Thu 6/15/23 Wed 5/21/25
5 Project Management Plan/Risk Management Plan 60 days Thu 6/1/23 Wed 8/23/23
10 Project Definition (PHASE 1)20 days Thu 6/15/23 Wed 7/12/23
11 Project Description, Purpose & Need, Exhibit 20 days Thu 6/15/23 Wed 7/12/23
16 Data Collection 65 days Thu 6/15/23 Wed 9/13/23
17 Existing Right-of-Way Mapping 30 days Thu 6/15/23 Wed 7/26/23
19 Utility Coordination 65 days Thu 6/15/23 Wed 9/13/23
23 Alternative Determination (PHASE 2)245 days Thu 6/15/23 Wed 5/22/24
24 Alternative Determination Report 150 days Thu 6/15/23 Wed 1/10/24
36 Supplemental Traffic Studies 225 days Thu 7/13/23 Wed 5/22/24
50 Technical Studies - Engineering and Environmental (PHASE 3)295 days Thu 1/11/24 Wed 2/26/25
51 Environmental Technical Studies 272 days Thu 1/11/24 Fri 1/24/25
52 Noise 272 days Thu 1/11/24 Fri 1/24/25
53 Traffic Counts (For Noise Study)65 days Thu 1/11/24 Wed 4/10/24
58 Noise Study Report Workplan 70 days Thu 1/11/24 Wed 4/17/24
66 Field Measurements 5 days Thu 4/18/24 Wed 4/24/24
68 TNM Calibration Model 60 days Thu 4/25/24 Wed 7/17/24
75 Noise Build Model 55 days Thu 7/18/24 Wed 10/2/24
80 Supplemental Noise Study Report 40 days Thu 10/3/24 Wed 11/27/24
85 Supplemental Noise Abatement Decision Report 50 days Mon 11/18/24 24 Fri 1/24/25
90 Air Quality 125 days Thu 1/11/24 Wed 7/3/24
96 Supplemental NES 150 days Thu 1/11/24 Wed 8/7/24
105 Cultural Resources Memo 110 days Thu 1/11/24 Wed 6/12/24
111 Paleontological Resources 90 days Thu 1/11/24 Wed 5/15/24
116 ISA Memo 90 days Thu 1/11/24 Wed 5/15/24
121 Energy and Climate Change Memo 160 days Thu 1/11/24 Wed 8/21/24
128 Community Impact Assessment Memo 90 days Thu 1/11/24 Wed 5/15/24
133 Engineering Technical Studies 295 days Thu 1/11/24 Wed 2/26/25
134 (GAD) Drawings and (DSDD) Document 215 days Thu 1/11/24 Wed 11/6/24
149 Overhead Sign Concept Plan 100 days Thu 4/4/24 Wed 8/21/24
157 ROW Data Sheet 60 days Thu 8/15/24 Wed 11/6/24
165 TMP Data Sheet 70 days Thu 8/15/24 Wed 11/20/24
173 Staging Concept Plans 130 days Thu 7/18/24 Wed 1/15/25
181 Conceptual Drainage Study Report 135 days Thu 7/18/24 Wed 1/22/25
189 Storm Water Data Report (SWDR) 95 days Thu 8/15/24 Wed 12/25/24
197 Preliminary Structures Engineering 140 days Thu 8/15/24 Wed 2/26/25
206 Preliminary Geotechnical Report 75 days Thu 8/15/24 Wed 11/27/24
212 Complete SPR and Revalidation (Phase 4) 348 days Thu 11/7/24 Mon 3/9/26
213 Environmental Revalidation 95 days Thu 12/26/24 Wed 5/7/25
221 Supplemental Project Report (SPR) 140 days Thu 11/7/24 Wed 5/21/25
226 Notice of Determination/Record of Decision (NOD/ROD)205 days Mon 5/26/25 Mon 3/9/26
LEGEND Critical Path Noncritical Path
The Parsons team has the existing data to kickoff
the alternative analysis directly following NTP.
NOD/ROD RCTC Committee and Commission Adoption, and
Statute of Limitations is anticipated to take 9 months. PS&E
phase can be be delivered concurrently, if not sooner.
PA/ED Phase is anticipated to take 2 years from NTP to SPR approval
Critical Path is expected to run through the Supplemental
Noise Analysis and Environmental Revalidation
1
Riverside County Transportation Commission
Completion of Project Approval/Environmental Document for the State Route 91 Eastbound Corridor Operations Project
27/28 of 30
Project Approval/Environmental Document
for the State Route 91 Eastbound Corridor Operations Project
54-55Technical Proposal / C. Project Understanding and Approach
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EXHIBIT “C” - COMPENSATION PROVISIONS
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FIRM PROJECT TASKS/ROLE COST
Parsons Transportation Group, Inc.PA/ED for SR-91 Eastbound Corridor Operations 2,361,897$
Psomas Supplemental Survey/ Right-of-Way Mapping 198,110$
Group Delta Consultants, Inc.Geotechnical 273,717$
LSA Associates, Inc.Bat Specialist 5,893$
Bargas Environmental Consulting, LLC Paleontological Studies/Cultural Resources 17,424$
Chen Ryan Associates, Inc. Staging Concept Plans, TMP Data Sheet,
Overhead Sign Concept Plans, Storm Water Data
Report, Conceptual Drainage Study 469,896$
Terry A. Hayes Associates, Inc.Air Quality Suport 71,977$
Vandermost Consulting Services, Inc.Biological Resources 65,600$
3,464,514$ TOTAL COSTS
1 Commission authorization pertains to total contract award amount. Compensation adjustments between consultants may occur;
however, the maximum total compensation authorized may not be exceeded.
EXHIBIT "C"
Prime Consultant:
Sub Consultants:
COMPENSATION SUMMARY1
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Model Agreement Exhibit D
EXHIBIT "D"
FEDERAL DEPARTMENT OF TRANSPORTATION
FHWA AND CALTRANS REQUIREMENTS
1. NONDISCRIMINATION & STATEMENT OF COMPLIANCE.
A. Consultant’s signature affixed herein shall constitute a certification under penalty of
perjury under the laws of the State of California that CONSULTANT has, unless
exempt, complied with, the nondiscrimination program requirements of Government
Code Section 12990 and Title 2, California Administrative Code, Section 8103.
B. During the performance of this Agreement, Consultant and its subconsultants shall
not deny the Agreement’s benefits to any person on the basis of race, religious creed,
color, national origin, ancestry, physical disability, mental disability, medical condition,
genetic information, marital status, sex, gender, gender identity, gender expression,
age, sexual orientation, or military and veteran status, nor shall they unlawfully
discriminate, harass, or allow harassment against any employee or applicant for
employment because of race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, genetic information, marital status, sex,
gender, gender identity, gender expression, age, sexual orientation, or military and
veteran status. Consultant and its subconsultants shall insure that the evaluation and
treatment of their employees and applicants for employment are free from such
discrimination and harassment.
C. Consultant and its subconsultants shall comply with the provisions of the Fair
Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations
promulgated thereunder (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-
11139.5, and any regulations or standards adopted by Commission to implement such
article. The applicable regulations of the Fair Employment and Housing Commission
implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated
into this Agreement by reference and made a part hereof as if set forth in full.
D. Consultant shall permit access by representatives of the Department of Fair
Employment and Housing and the Commission upon reasonable notice at any time
during the normal business hours, but in no case less than twenty-four (24) hours’
notice, to such of its books, records, accounts, and all other sources of information and
its facilities as said Department or Commission shall require to ascertain compliance
with this clause.
E. Consultant and its subconsultants shall give written notice of their obligations
under this clause to labor organizations with which they have a collective bargaining or
other Agreement.
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F. If this Agreement is federally funded, the Consultant shall comply with regulations
relative to Title VI (nondiscrimination in federally-assisted programs of the Department
of Transportation – Title 49 Code of Federal Regulations, Part 21 - Effectuation of Title
VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance
will implement and maintain a policy of nondiscrimination in which no person in the state
of California shall, on the basis of race, color, national origin, religion, sex, age,
disability, be excluded from participation in, denied the benefits of or subject to
discrimination under any program or activity by the recipients of federal assistance or
their assignees and successors in interest.
G. If this Agreement is federally funded, Consultant shall comply with regulations
relative to non-discrimination in federally-assisted programs of the U.S. Department of
Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964).
Specifically, the Consultant shall not participate either directly or indirectly in the
discrimination prohibited by 49 CFR §21.5, including employment practices and the
selection and retention of subconsultants.
H. Consultant and its subconsultants will never exclude any person from participation
in, deny any person the benefits of, or otherwise discriminate against anyone in
connection with the award and performance of any contract covered by 49 CFR 26 on
the basis of race, color, sex, or national origin. In administering the Commission
components of the DBE Program plan, Consultant and its subconsultants will not,
directly, or through contractual or other arrangements, use criteria or methods of
administration that have the effect of defeating or substantially impairing
accomplishment of the objectives of the DBE Program plan with respect to individuals of
a particular race, color, sex, or national origin.
I. Consultant shall include the nondiscrimination and compliance provisions of this
section in all subcontracts to perform work under this Agreement.
2. DEBARMENT AND SUSPENSION CERTIFICATION
CONSULTANT’s signature affixed herein, shall constitute a certification under penalty of
perjury under the laws of the State of California, that CONSULTANT has complied with
Title 2 CFR, Part 180, “OMB Guidelines to Agencies on Government wide Debarment
and Suspension (nonprocurement)”, which certifies that he/she or any person
associated therewith in the capacity of owner, partner, director, officer, or manager, is
not currently under suspension, debarment, voluntary exclusion, or determination of
ineligibility by any federal agency; has not been suspended, debarred, voluntarily
excluded, or determined ineligible by any federal agency within the past three (3) years;
does not have a proposed debarment pending; and has not been indicted, convicted, or
had a civil judgment rendered against it by a court of competent jurisdiction in any
matter involving fraud or official misconduct within the past three (3) years. Any
exceptions to this certification must be disclosed to COMMISSION.
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B. Exceptions will not necessarily result in denial of recommendation for award, but will
be considered in determining CONSULTANT responsibility. Disclosures must indicate to
whom exceptions apply, initiating agency, and dates of action.
C. Exceptions to the Federal Government Excluded Parties List System maintained by
the General Services Administration are to be determined by the Federal highway
Administration.
3. TITLE VI ASSURANCES
During the performance of this Agreement, the consultant, for itself, its assignees and
successors in interest (hereinafter collectively referred to in this section as
CONSULTANT) agrees as follows:
A. Compliance with Regulations: CONSULTANT shall comply with the regulations
relative to nondiscrimination in federally assisted programs of the Department of
Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be
amended from time to time, (hereinafter referred to as the REGULATIONS), which are
herein incorporated by reference and made a part of this agreement.
B. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the
AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin,
religion, age, or disability in the selection and retention of sub-applicants, including
procurements of materials and leases of equipment. CONSULTANT shall not participate
either directly or indirectly in the discrimination prohibited by Section 21.5 of the
Regulations, including employment practices when the agreement covers a program set
forth in Appendix B of the Regulations.
C. Solicitations for Sub-agreements, Including Procurements of Materials and
Equipment: In all solicitations either by competitive bidding or negotiation made by
CONSULTANT for work to be performed under a sub- agreement, including
procurements of materials or leases of equipment, each potential sub-applicant or
supplier shall be notified by CONSULTANT of the CONSULTANT’S obligations under
this Agreement and the Regulations relative to nondiscrimination on the grounds of
race, color, or national origin.
D. Information and Reports: CONSULTANT shall provide all information and reports
required by the Regulations, or directives issued pursuant thereto, and shall permit
access to its books, records, accounts, other sources of information, and its facilities as
may be determined by the recipient or FHWA to be pertinent to ascertain compliance
with such Regulations or directives.
Where any information required of CONSULTANT is in the exclusive possession of
another who fails or refuses to furnish this information, CONSULTANT shall so certify to
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Model Agreement Exhibit D
the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT
has made to obtain the information.
E. Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with
the nondiscrimination provisions of this agreement, the recipient shall impose such
agreement sanctions as it or the FHWA may determine to be appropriate, including, but
not limited to:
i. withholding of payments to CONSULTANT under the Agreement within a reasonable
period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part.
F. Incorporation of Provisions: CONSULTANT shall include the provisions of
paragraphs (1) through (6) in every sub-agreement, including procurements of materials
and leases of equipment, unless exempt by the Regulations, or directives issued
pursuant thereto.
CONSULTANT shall take such action with respect to any sub-agreement or
procurement as the recipient or FHWA may direct as a means of enforcing such
provisions including sanctions for noncompliance, provided, however, that, in the event
CONSULTANT becomes involved in, or is threatened with, litigation with a sub-
applicant or supplier as a result of such direction, CONSULTANT may request the
recipient enter into such litigation to protect the interests of the State, and, in addition,
CONSULTANT may request the United States to enter into such litigation to protect the
interests of the United States.
G. During the performance of this contract, the CONSULTANT agrees to comply with
the following nondiscrimination statutes and authorities, including, but not limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose
property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination
on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 CR Part 27;
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• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as
amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms “programs or activities” to include all of the
programs or activities of the Federal-aid recipients, sub-recipients and contractors,
whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of
the basis of disability in the operation of public entities, public and private transportation
systems, places of public accommodation, and certain testing entities (42 U.S.C. §§
12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R.
parts 37 and 38;
• The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures discrimination against
minority populations by discouraging programs, policies, and activities with
disproportionately high and adverse human health or environmental effects on minority
and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin discrimination
includes discrimination because of Limited English Proficiency (LEP). To ensure
compliance with Title VI, you must take reasonable steps to ensure that LEP persons
have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C.1681 et
seq).
4. PROMPT PAYMENT
Consultant or subconsultant shall pay to any subconsultant, not later than fifteen (15)
days after receipt of each progress payment, unless otherwise agreed to in writing, the
respective amounts allowed Consultant on account of the work performed by the
subconsultants, to the extent of each subconsultant’s interest therein. In the event that
there is a good faith dispute over all or any portion of the amount due on a progress
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payment from Consultant or subconsultant to a subconsultant, Consultant or
subconsultant may withhold no more than 150 percent of the disputed amount. Any
violation of this requirement shall constitute a cause for disciplinary action and shall
subject the Consultant or subconsultant to a penalty, payable to the applicable
subconsultant, of 2 percent of the amount due per month for every month that payment
is not made.
In any action for the collection of funds wrongfully withheld, the prevailing party shall be
entitled to his or her attorney’s fees and costs. The sanctions authorized under this
requirement shall be separate from, and in addition to, all other remedies, either civil,
administrative, or criminal. This clause applies to both DBE and non-DBE
subconsultants.
5. RELEASE OF RETAINAGE
No retainage will be held by the Commission from progress payments due to
Consultant. Consultant and subconsultants are prohibited from holding retainage from
subconsultants. Any delay or postponement of payment may take place only for good
cause and with the Commission’s prior written approval. Any violation of these
provisions shall subject Consultant or the violating subconsultant to the penalties,
sanctions, and other remedies specified in Section 3321 of the California Civil Code.
This requirement shall not be construed to limit or impair any contractual, administrative
or judicial remedies, otherwise available to Consultant or subconsultant in the event of a
dispute involving late payment or nonpayment by Consultant, deficient subconsultant
performance and/or noncompliance by a subconsultant. This clause applies to both
DBE and non-DBE subconsultants.
6. LEGAL REMEDIES
In addition to those contract remedies set forth under relevant provisions of California
law, either Party to this Agreement may, where applicable, seek legal redress for
violations of this Agreement pursuant to the relevant provisions of 49 C.F.R. Parts 23
and 26, to the relevant federal or state statutory provisions governing civil rights
violations, and to the relevant federal and state provisions governing false claims or
“whistleblower” actions, as well as any and all other applicable federal and state
provisions of law.
The Consultant shall include a provision to this effect in each of its agreements with its
subcontractors.
7. DBE PARTICIPATION
Caltrans has developed a statewide DBE program pursuant to 49 C.F.R. Part 26. The
requirements and procedures, as applicable, of the Caltrans DBE program are hereby
incorporated by reference into this Agreement. Even if no DBE participation will be
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reported, Consultant shall complete all DBE forms in compliance with the Caltrans DBE
program, and a final utilization report in the form provided by the Commission.
A. This Agreement is subject to Title 49, Part 26 of the Code of Federal Regulations
entitled “Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs.” Consultants who enter into a federally-
funded agreement will assist the Commission in a good faith effort to achieve
California’s statewide overall DBE goal.
B. This Agreement has established a 22% DBE goal. If a DBE subconsultant is
unable to perform, the Consultant must make a good faith effort to replace him/her with
another DBE subconsultant, if the goal is not otherwise met. A DBE is a firm meeting
the definition of a DBE as specified in 49 CFR.
C. All DBE participation will count toward the Caltrans federally mandated
statewide overall DBE goal. Credit for materials or supplies Consultant purchases from
DBEs counts towards the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE
manufacturer.
• 60 percent counts if the materials or supplies are purchased from a DBE regular
dealer.
• Only fees, commissions, and charges for assistance in the procurement and
delivery of materials or supplies count if obtained from a DBE that is neither a
manufacturer nor regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular
dealer."
D. DBE and other small businesses (SB), as defined in Title 49 CFR, Part 26 are
encouraged to participate in the performance of agreements financed in whole or in part
with federal funds. The Consultant, subrecipient or subconsultant shall not discriminate
on the basis of race, color, national origin, or sex in the performance of this Agreement.
The Consultant shall carry out applicable requirements of 49 CFR, Part 26 in the award
and administration of US DOT- assisted agreements. Failure by the contractor to carry
out these requirements is a material breach of this Agreement, which may result in the
termination of this Agreement or such other remedy as the Commission, Caltrans or the
Department of Transportation deems appropriate.
E. Any subcontract entered into as a result of this Agreement shall contain all of the
provisions of this section.
F. A DBE may be terminated only as further set forth in Section 13 below.
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8. DBE PARTICIPATION GENERAL INFORMATION
It is Consultant's responsibility to be fully informed regarding the requirements of 49
CFR, Part 26, and the Caltrans DBE program. Particular attention is directed to the
following:
A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be
certified through the California Unified Certification Program (CUCP).
B. A certified DBE may participate as a prime contractor, subcontractor, joint
venture partner, as a vendor of material or supplies, or as a trucking company.
C. A DBE joint-venture partner must be responsible for specific contract items of
work or clearly defined portions thereof. Responsibility means actually performing,
managing and supervising the work with its own forces. The DBE joint venture partner
must share in the capital contribution, control, management, risks and profits of the
joint-venture commensurate with its ownership interest.
D. A DBE must perform a commercially useful function, pursuant to 49 CFR 26.55
that is, must be responsible for the execution of a distinct element of the work and must
carry out its responsibility by actually performing, managing and supervising the work,
as more fully described in section 8 below.
E. The Consultant shall list only one subcontractor for each portion of work as
defined in the Consultant's bid/proposal and all DBE subcontractors should be listed in
the Consultant's bid/cost proposal list of subcontractors.
F. A Consultant who is a certified DBE is eligible to claim all of the work in the
Agreement toward the DBE participation except that portion of the work to be performed
by non-DBE subcontractors.
G. Consultant shall notify the Commission’s contract administrator or designated
representative of any changes to its anticipated DBE participation prior to starting the
affected work.
9 . COMMERCIALLY USEFUL FUNCTION
A. A DBE performs a commercially useful function when it is responsible for
execution of the work of the Agreement and is carrying out its responsibilities by actually
performing, managing, and supervising the work involved. To perform a commercially
useful function, the DBE must also be responsible with respect to materials and
supplies used on the Agreement, for negotiating price, determining quality and quantity,
ordering the material, and installing (where applicable) and paying for the material itself.
To determine whether a DBE is performing a commercially useful function, evaluate the
amount of work subcontracted, industry practices; whether the amount the firm is to be
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Model Agreement Exhibit D
paid under the Agreement is commensurate with the work it is actually performing, and
other relevant factors.
B. A DBE does not perform a commercially useful function if its role is limited to that
of an extra participant in a transaction, Agreement, or project through which funds are
passed in order to obtain the appearance of DBE participation. In determining whether a
DBE is such an extra participant, examine similar transactions, particularly those in
which DBEs do not participate.
C. If a DBE does not perform or exercise responsibility for at least thirty percent of
the total cost of its Agreement with its own work force, or the DBE subcontracts a
greater portion of the work of the Agreement than would be expected on the basis of
normal industry practice for the type of work involved, it will be presumed that it is not
performing a commercially useful function.
10. DBE CERTIFICATION AND DE-CERTIFICATION STATUS
If a DBE subcontractor is decertified before completing its work, the decertified
subcontractor shall notify the Contractor in writing with the date of de-certification. If a
subcontractor becomes a certified DBE during the life of the Agreement, the
subcontractor shall notify the Contractor in writing with the date of certification. Any
changes should be reported to the Commission’s Contract Administrator within 30 days.
11. DBE RECORDS
A. The Contractor shall maintain records of materials purchased and/or supplied
from all subcontracts entered into with certified DBEs. The records shall show the name
and business address of each DBE subconsultant, DBE vendor, and DBE trucking
company and the total dollar amount actually paid each business regardless of tier. The
records shall show the date of payment and the total dollar figure paid to all firms. DBE
prime Contractors shall also show the date of work performed by their own forces along
with the corresponding dollar value of the work.
In addition to all other requirements, Consultant shall complete and submit, on a
monthly basis, the Monthly DBE Payment form (Caltrans Exhibit 9-F of Chapter 9 of the
LAPM).
B. Upon completion of the Agreement, a summary of these records shall be
prepared and submitted on the most current version of the form entitled, “Final Report-
Utilization of Disadvantaged Business Enterprises (DBE),” CEM- 2402F (Exhibit 17-F in
Chapter 17 of the LAPM), certified correct by the Contractor or the Contractor’s
authorized representative and shall be furnished to the Commission’s Contract
Administrator with the final invoice. Failure to provide the summary of DBE payments
with the final invoice will result in the Commission withholding $10,000 until the form is
submitted. This amount will be returned to the Contractor when a satisfactory “Final
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Report Utilization of Disadvantaged Business Enterprises (DBE)” is submitted to the
Commission’s Contract Administrator.
a. Prior to the fifteenth of each month, the Contractor shall submit documentation to
the Commission’s Contract Administrator showing the amount paid to DBE trucking
companies. The Contractor shall also obtain and submit documentation to the
Commission’s Contract Administrator showing the amount paid by DBE trucking
companies to all firms, including owner-operators, for the leasing of trucks. If the DBE
leases trucks from a non-DBE, the Contractor may count only the fee or commission the
DBE receives as a result of the lease arrangement.
b. The Contractor shall also submit to the Commission’s Contract Administrator
documentation showing the truck number, name of owner, California Highway Patrol CA
number, and if applicable, the DBE certification number of the truck owner for all trucks
used during that month. This documentation shall be submitted on the Caltrans
”Monthly DBE Trucking Verification,” CEM-2404(F) form provided to the Contractor by
the Commission’s Contract Administrator.
12. REPORTING MATERIAL OR SUPPLIES PURCHASED FROM DBEs
When Reporting DBE Participation, Material or Supplies purchased from DBEs may
count as follows:
A. If the materials or supplies are obtained from a DBE manufacturer, 100 % of the
cost of the materials or supplies will count toward the DBE participation. A DBE
manufacturer is a firm that operates or maintains a factory or establishment that
produces on the premises, the materials, supplies, articles, or equipment required under
the Agreement and of the general character described by the specifications.
B. If the materials or supplies purchased from a DBE regular dealer, count 60 % of
the cost of the materials or supplies toward DBE goals. A DBE regular dealer is a firm
that owns, operates or maintains a store, warehouse, or other establishment in which
the materials, supplies, articles or equipment of the general character described by the
specifications and required under the Agreement, are bought, kept in stock, and
regularly sold or leased to the public in the usual course of business. To be a DBE
regular dealer, the firm must be an established, regular business that engages, as its
principal business and under its own name, in the purchase and sale or lease of the
products in question. A person may be a DBE regular dealer in such bulk items as
petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or
maintaining a place of business provided in this section.
C. If the person both owns and operates distribution equipment for the products, any
supplementing of regular dealers’ own distribution equipment, shall be by a long-term
lease agreement and not an ad hoc or Agreement-by-Agreement basis. Packagers,
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Model Agreement Exhibit D
brokers, manufacturers’ representatives, or other persons who arrange or expedite
transactions are not DBE regular dealers within the meaning of this section.
D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor
a regular dealer, will be limited to the entire amount of fees or commissions charged for
assistance in the procurement of the materials and supplies, or fees or transportation
charges for the delivery of materials or supplies required on the job site, provided the
fees are reasonable and not excessive as compared with fees charged for similar
services.
13. TERMINATION AND SUBSTITUTION OF DBE SUBCONSULTANTS
Consultant shall utilize the specific DBEs listed to perform the work and supply the
materials for which each is listed unless Consultant or DBE subconsultant obtains the
Commission’s written consent. Consultant shall not terminate or substitute a listed DBE
for convenience and perform the work with their own forces or obtain materials from
other sources without authorization from the Commission. Unless the Commission’s
consent is provided, the Consultant shall not be entitled to any payment for work or
material unless it is performed or supplied by the listed DBE on the attached Consultant
Contract DBE Commitment form.
The Commission authorizes a request to use other forces or sources of materials if
Consultant shows any of the following justifications:
1. Listed DBE fails or refuses to execute a written contract based on plans and
specifications for the project.
2. The Commission stipulated that a bond is a condition of executing the
subcontract and the listed DBE fails to meet the Commission’s bond
requirements.
3. Work requires a consultant's license and listed DBE does not have a valid
license under Contractors License Law.
4. Listed DBE fails or refuses to perform the work or furnish the listed materials
(failing or refusing to perform is not an allowable reason to remove a DBE if
the failure or refusal is a result of bad faith or discrimination).
5. Listed DBE's work is unsatisfactory and not in compliance with the contract.
6. Listed DBE is ineligible to work on the project because of suspension or
debarment.
7. Listed DBE becomes bankrupt or insolvent.
8. Listed DBE voluntarily withdraws with written notice from the Agreement.
9. Listed DBE is ineligible to receive credit for the type of work required.
10. Listed DBE owner dies or becomes disabled resulting in the inability to
perform the work on the Contract.
11. The Commission determines other documented good cause.
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Model Agreement Exhibit D
Consultant shall notify the original DBE of the intent to use other forces or material
sources and provide the reasons and provide the DBE with 5 days to respond to the
notice and advise Consultant and the Commission of the reasons why the use of other
forces or sources of materials should not occur.
Consultant’s request to use other forces or material sources must include:
1. One or more of the reasons listed in the preceding paragraph.
2. Notices from Consultant to the DBE regarding the request.
3. Notices from the DBEs to Consultant regarding the request.
If a listed DBE is terminated or substituted, Consultant must make good faith efforts to
find another DBE to substitute for the original DBE. The substitute DBE must perform at
least the same amount of work as the original DBE under the contract to the extent
needed to meet or exceed the DBE goal.
14. DEBARMENT, SUSPENSION AND OTHER INELIGIBILITY AND VOLUNTARY
EXCLUSION
In accordance with 49 CFR Part 29, which by this reference is incorporated herein,
Consultant’s subconsultants completed and submitted the Certificate of subconsultant
Regarding Debarment, Suspension and Other Ineligibility and Voluntary Exclusion as
part of the Consultant’s proposal. If it is later determined that Consultant’s
subconsultants knowingly rendered an erroneous Certificate, the Commission may,
among other remedies, terminate this Agreement.
15. ENVIRONMENTAL COMPLIANCE
A. Compliance with all applicable standards, orders, or requirements issued under
section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water
Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency
regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in
excess of $100,000).
B. Mandatory standards and policies relating to energy efficiency which are contained
in the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Pub. L. 94-163, 89 Stat. 871).
16. NATIONAL LABOR RELATIONS BOARD CERTIFICATION
In accordance with Public Contract Code Section 10296, and by signing this
Agreement, Consultant certifies under penalty of perjury that no more than one final
unappealable finding of contempt of court by a federal court has been issued against
Consultant within the immediately preceding two-year period, because of Consultant’s
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Model Agreement Exhibit D
failure to comply with an order of a federal court that orders Consultant to comply with
an order of the National Labor Relations Board.
17. FUNDING REQUIREMENTS
It is mutually understood between the Parties that this Agreement may have been
written before ascertaining the availability of funds or appropriation of funds, for the
mutual benefit of both Parties, in order to avoid program and fiscal delays that would
occur if the Agreement were executed after that determination was made.
This Agreement is valid and enforceable only if sufficient funds are made available to
Commission for the purpose of this Agreement. In addition, this Agreement is subject to
any additional restrictions, limitations, conditions, or any statute enacted by the
Congress, State Legislature, or Commission governing board that may affect the
provisions, terms, or funding of this Agreement in any manner.
It is mutually agreed that if sufficient funds are not appropriated, this Agreement may be
amended to reflect any reduction in funds.
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Model Agreement Exhibit E
EXHIBIT “E” - CONSULTANT DBE COMMITMENT
Consultant to Complete this Section
1. Local Agency Name: _Riverside County Transportation Commission__
2. Project Location: _Riverside County, CA_________________________
3. Project Description: _Completion of PA/ED for the SR-91 Eastbound Corridor Operations Project__
4. Consultant Name: _Parsons Transportation Group_______________________________________
5. Contract DBE Goal %: __22.5%__
DBE Commitment Information
6. Description of Services to be Provided 7. DBE Firm
Contact Information 8. DBE Cert.
Number 9. DBE %
Paleontological Studies/Cultural Resources Bargas Environmental Consulting 41165 0.5%
Staging Concept Plans, TMP Data Sheet,
Overhead Sign Concept Plans, Storm Water Data
Report, Conceptual Drainage Study
Chen Ryan Associates, Inc. 40083 18%
Air Quality Report Terry A. Hayes Associates Inc. 40312 1%
Biological Resources Vandermost Consulting Services, Inc. 40141 3%
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Model Agreement Exhibit F
EXHIBIT “F” - DISCLOSURE OF LOBBYING ACTIVITIES
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Local Assistance Procedures Manual EXHBIT 10-Q
Disclosure of Lobbying Activities
Page 1
LPP 13-01 May 8, 2013
EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352
1.Type of Federal Action:2.Status of Federal Action:3.Report Type:
a. contract a. bid/offer/application a. initial
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year ____ quarter _________
f. loan insurance date of last report __________
4.Name and Address of Reporting Entity 5.If Reporting Entity in No. 4 is Subawardee,
Enter Name and Address of Prime:
Prime Subawardee
Tier _______ , if known
Congressional District, if known Congressional District, if known
6.Federal Department/Agency:7.Federal Program Name/Description:
CFDA Number, if applicable ____________________
8.Federal Action Number, if known:9.Award Amount, if known:
10.Name and Address of Lobby Entity 11.Individuals Performing Services
(If individual, last name, first name, MI) (including address if different from No. 10)
(last name, first name, MI)
(attach Continuation Sheet(s) if necessary)
12.Amount of Payment (check all that apply)14.Type of Payment (check all that apply)
$ _____________ actual planned a. retainer
b. one-time fee
13.Form of Payment (check all that apply):c. commission
a. cash d. contingent fee
b. in-kind; specify: nature _______________e deferred
Value _____________ f. other, specify _________________________
15.Brief Description of Services Performed or to be performed and Date(s) of Service, including
officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12:
(attach Continuation Sheet(s) if necessary)
16.Continuation Sheet(s) attached: Yes No
17.Information requested through this form is authorized by Title
31 U.S.C. Section 1352. This disclosure of lobbying reliance
was placed by the tier above when his transaction was made or
entered into. This disclosure is required pursuant to 31 U.S.C.
1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any
person who fails to file the required disclosure shall be subject
to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Signature: ________________________________________
Print Name: _______________________________________
Title: ____________________________________________
Telephone No.: ____________________ Date: ___________
Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL
Standard Form LLL Rev. 04-28-06
Distribution: Orig- Local Agency Project Files
Not Applicable
Chris A. Johnson, PE
Vice President,
2/9/2023858.568.8568
EXHIBIT K - 1
Parsons Transportation Group Inc.
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STATE ROUTE 91 EASTBOUND CORRIDOR OPERATIONS PROJECT (91 ECOP)
Agreement for Completion of Project Approval
and Environmental Document (PA/ED)
Western Riverside County Programs and Projects
Committee Meeting
April 24, 2023
Sri Srirajan, Senior Capital Projects Manager 1
2
Background/Project Location
91 ECOP
91 CIP Initial Phase
91 Eastbound Corridor Operations Project
•91 Corridor Improvement Project
•Initial Phase/Future Phases
•91 Implementation Plan
•Alternatives Analysis Study
3
Project Limits/Scope
91 Eastbound Corridor Operations Project
Scope: Adding a sixth general purpose (GP) lane from
the 241/91 eastbound GP connector 91/71 connector
and adding an auxiliary lane and second lane to the EB
91 Green River Road off-ramp.
Total lane length -3.2 miles.
Lead agency for NEPA and CEQA –Caltrans
Traffic modeling and impacts of project alternatives –
RCTC Consultant (Stantec)
491 Eastbound Corridor Operations Project
Procurement Process
•Request for Qualifications (RFQ)released on January 5,2023
•56 Firms downloaded the RFQ -7 firms located in Riverside County
•Pre-Submittal Meeting held on January 18,2023
•One Firm –Parsons -submitted statement of qualifications on February 9,2023
•Reviewed the solicitation process for unduly restrictiveness
•Primary reasons for firms for not submitting a proposal
•Not performing the particular type of services
•Not being able to find other firms to team up with to cover the full scope of work.
•Staff concluded the solicitation process was responsible and adequate opportunity to compete was
provided
•Evaluation committee,comprised of Commission,Caltrans and OCTA evaluated proposal evaluated
the proposal and recommends contract award to Parsons
•Staff negotiated the scope of work,cost,and schedule and established a fair and reasonable price
591 Eastbound Corridor Operations Project
Pre-Award Audit
•Federal procurement process requirement
•Auditing the proposed labor rates, other direct costs, and fixed fee
•May change the proposed cost slightly
Staff Recommendation
6
•Award Agreement No. 23-31-041-00 with Parsons Transportation Group,
Inc.
–Amount of $3,464,514
–Contingency of $346,451
–Total authorized amount of $3,810,965
•Authorize the Chair or Executive Director,pursuant to legal counsel review,
execute the agreement on behalf of the Commission;and
•Authorize the Executive Director,or designee,to approve contingency
work up to the total not to exceed amount as required for these services.
91 Eastbound Corridor Operations Project
Questions
791 Eastbound Corridor Operations Project
AGENDA ITEM 8
Agenda Item 8
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: April 24, 2023
TO: Western Riverside County Programs and Projects Committee
FROM: Bryce Johnston, Senior Capital Projects Manager
THROUGH: Erik Galloway, Project Delivery Director
SUBJECT:
Agreement for On-Call Railway Flagging Services for the Riverside County
Transportation Commission’s Highway and Expressway Projects Encroaching
in Burlington Northern Santa Fe
STAFF RECOMMENDATION:
This item is for the Committee to recommend the Commission take the following action:
1) Award Agreement No. 23-31-061-00 to RailPros, Inc., to provide on-call Railway Flagging
Services for Riverside County Transportation Commission’s (RCTC) current and future
highway and/or expressway projects or activities of the Commission within the right of
way owned or operated by Burlington Northern Santa Fe (BNSF), for a three-year term,
and one, two-year option to extend the agreement, in an amount not to exceed
$2,400,000; and
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute
the agreement and optional two-year term on behalf of the Commission.
BACKGROUND INFORMATION:
When the Commission’s projects encroach into or over the BNSF railroad or operated right of
way, BNSF requires the presence of a BNSF flagger. The BNSF flagger coordinates between BNSF
forces, contractor employees, BNSF dispatchers, and BSNF trains to ensure the construction
crews and operations do not enter the tracks. In addition, flagging services are mandated by
federal law when working within close proximity to active rail lines. The BNSF flagging services
can only be performed by qualified BNSF personnel or by qualified individuals approved by BNSF.
BNSF flagging services and funding are normally included in a construction and maintenance
(BNSF C&M) agreement between BNSF and the Commission.
On August 16, 2022, RCTC learned that BNSF would no longer be providing flagging services with
BNSF personnel as identified in the BNSF C&M agreements. All flagging services would need to
be coordinated through an agreement with an approved third-party company, see Attachment
2. As a result, RCTC would be required to enter into a new agreement with the third-party
flagging company.
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Agenda Item 8
The Commission has an immediate need for the provision of on-call BNSF flagging services for all
highway and expressway projects and maintenance of commuter stations which encroach into
BNSF owned railroad or operated right of way.
RCTC has the following ongoing projects which require flagging on BNSF right of way:
1. State Route 71 / SR-91 Interchange Improvement Project
2. Interstate 15 / SR-91 Express Lane Connector
3. Operation and Maintenance of Commuter Stations at:
• Riverside Downtown
• Riverside La Sierra
• Corona North Main
• Corona West
• Jurupa Valley / Pedley
RCTC anticipates future needs for flagging within BNSF right of way beyond the projects listed
above.
DISCUSSION:
Procurement Process
BNSF identified RailPros Inc. as the only BNSF approved flagging provider in this region, due to
their familiarity and expertise, thus necessitating a sole source agreement. The Commission
anticipates the use of federal funds for this sole source agreement, which requires Caltrans’
approval. Staff has secured Caltrans’ approval through a Public Interest Finding (PIF) for
SR-71/SR-91 Interchange Improvement Project and will obtain a PIF for each project included in
this agreement, see Attachment 3.
FISCAL IMPACT:
Staff recommends approval of Agreement No. 23-31-061-00 between the Commission and
RailPros Inc. in the amount of $2,400,000. This agreement will be funded by the following fund
sources:
• Surface Transportation Block Grant (STBG)
• Congestion Mitigation and Air Quality (CMAQ)
• Other future federal funds
• Measure A for local match
• State SB 132
• 91 surplus toll revenue
• Federal Transit Administration (FTA)
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Agenda Item 8
Each on-call flagging service requests will utilize the most applicable fund source designated to
the project.
Financial Information
In Fiscal Year Budget: Yes Year: FY 2022/23
FY 2023/24+ Amount: $250,000
$2,150,000
Source of Funds: STBG, Measure A, State SB 132, FTA
CMAQ, 91 Surplus Toll Revenue Budget Adjustment: No
GL/Project Accounting No.: XXXXXX 81304 00000 0000 XXX 31 81301 (Various Projects/Funds)
Fiscal Procedures Approved:
Date: 04/14/2023
Attachments:
1) Draft On-Call Flagging Services Agreement No. 23-31-061-00 with RailPros, Inc.
2) BNSF Notification Letter, Dated February 14, 2023
3) Public Interest Finding, Dated February 17, 2023
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Agreement No. 23-31-061
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
ON CALL RAIL FLAGGING SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this ___ day of ___________, 2023 by and
between the Riverside County Transportation Commission (“Commission”) and RailPros, Inc., a
California corporation. 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 requires the provision of on-call railway flagging services for
certain projects or activities of the Commission within twenty-five feet of the centerline of certain
railroad tracks over which Burlington Northern Santa Fe (BNSF) or Union Pacific (UP) operate
(collectively, the “Project”).
2.3 Contractor desires to perform and assume responsibility for the provision of
the on-call railway flagging services required by Commission on the terms and conditions set forth
in this Agreement.
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 on-call railway flagging services (“Services”)
The Services are generally described in Exhibit “A”.
3.1.2 Term. The term of this Agreement shall be from the date first set forth
above to May 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.
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2
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.
3.2.2 Schedule of Services. The Commission’s Representative shall provide
Contractor’s Representative (defined below) with a proposed schedule of activities that will take
place within twenty-five (25) feet from the centerline of tracks for which Commission will require
the Services. The Commission shall provide Contractor with a general description of the proposed
activities to be conducted by the Commission. Contractor shall provide the Services expeditiously,
on all dates and at all times established and agreed upon by the parties for the Services pursuant to
the terms of this Agreement.
In the event of cancellation of scheduled Services the following shall apply: any
day for which Consultant is provided less than 24 hours’ notice of cancellation shall be considered
a billable day for which Consultant shall be entitled to payment in accordance with the terms of
this Agreement. Cancellation must be made in writing to BNSF.Info@railpros.com
3.2.3 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.
3.2.4 Contractor’s Representative. Contractor hereby designates Gary Killion, 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.
3.2.5 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.
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3.2.6 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
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.
3.2.7 Safety. Contractor shall execute and maintain its work so as to avoid injury
or damage to any person or property. In carrying out its Services, the Contractor shall at all times
be in compliance with all applicable local, state and federal laws, rules and regulations, and shall
exercise all necessary precautions for the safety of employees appropriate to the nature of the work
and the conditions under which the work is to be performed. Safety precautions as applicable shall
include, but shall not be limited to: (A) adequate life protection and life saving equipment and
procedures; (B) instructions in accident prevention for all employees and subcontractors, such as
safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are
necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the
proper inspection and maintenance of all safety measures.
3.2.8 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.
3.2.9 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 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
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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.
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: $5,000,000 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. Contractor may meet the specified insurance
requirements set forth in this Agreement for automobile and general liability through excess or
umbrella liability coverage.
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.
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(i) Commercial General Liability Insurance must
include coverage for (1) bodily Injury and property damage; (2) personal Injury/advertising Injury;
(3) premises/operations liability; (4) products/completed operations liability; (5) aggregate limits
that apply per Project; (6) explosion, collapse and underground (UCX) exclusion deleted; (7)
contractual liability with respect to this Agreement; (8) broad form property damage; and (9)
independent contractors coverage.
(ii) The policy shall contain no endorsements or
provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or
suits by one insured against another; or (3) contain any other exclusion contrary to this Agreement.
(iii) The policy shall give the Commission, its directors,
officials, officers, employees, and agents insured status using ISO endorsement forms 20 10 10 01
and 20 37 10 01, or endorsements providing the exact same coverage.
(iv) The additional insured coverage under the policy
shall be “primary 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.
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(D) All Coverages.
(i) Defense costs shall be payable in addition to the
limits set forth hereunder.
(ii) Requirements of specific coverage or limits
contained in this section are not intended as a limitation on coverage, limits, or other requirement,
or a waiver of any coverage normally provided by any insurance. It shall be a requirement under
this Agreement that any available insurance proceeds broader than or in excess of the specified
minimum insurance coverage requirements and/or limits set forth herein shall be available to the
Commission, 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.
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(vii) If at any time during the life of the Agreement, any
policy of insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, Commission has the right but not the duty to obtain the insurance it
deems necessary and any premium paid by Commission will be promptly reimbursed by
Contractor or Commission will withhold amounts sufficient to pay premium from Contractor
payments. In the alternative, Commission may cancel this Agreement. The Commission may
require the Contractor to provide complete copies of all insurance policies in effect for the duration
of the Project.
(viii) Neither the Commission, nor any of its directors,
officials, officers, employees or agents shall be personally responsible for any liability arising
under or by virtue of this Agreement.
Each insurance policy required by this Agreement shall be
endorsed to state that:
3.2.11.4 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.
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3.2.12 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 provided pursuant to this Agreement, at the rates set
forth in Exhibit "A" attached hereto and incorporated herein by reference. The total compensation
provided under this Agreement shall not exceed Two Million, Four Hundred Thousand Dollars
($2,400,000). 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 Task Order commencement date, or since the start of the subsequent billing periods, as
appropriate, through the date of the statement. Commission shall, within 30 days of receiving such
statement, review the statement and pay all approved charges thereon. All invoices not disputed
within fifteen (15) days of receipt shall be deemed approved and payable by Commission. Late
payments of undisputed invoices shall be subject to a 1.5% fee for every thirty (30) days that
payment is delinquent.
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. If the Services are being performed as part of an applicable “public works” or
“maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation
is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws.
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
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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, if applicable, 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.
3.3.7 Registration. If the Services are being performed as part of an applicable
“public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and
1771.1, the 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
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
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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:
Railpros Riverside County
1320 Greenway Drive Transportation Commission
Suite 490 4080 Lemon Street, 3rd Floor
Irving, Texas, 75038 Riverside, CA 92501
Attn: Gary Killion 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. 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 breach of this
Agreement or alleged negligent acts, errors or omissions of Contractor, its officials, officers,
employees, subcontractors, contractors or agents in connection with the performance of the
Services, the Project, or this Agreement, including without limitation the payment of all
consequential damages, expert witness fees and reasonable attorneys’ fees and other related costs
and expenses.
3.5.3 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.5.4 Commission’s Right to Employ Other Contractors. Commission reserves
right to employ other contractors in connection with this Project.
3.5.5 Successors and Assigns. This Agreement shall be binding on the successors
and assigns of the parties.
3.5.6 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.
3.5.7 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.
3.5.8 Amendment; Modification. No supplement, modification or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.9 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.
3.5.10 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
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3.5.11 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.
3.5.12 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
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.
3.5.13 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.
3.5.14 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.
3.5.15 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.5.16 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.
3.5.17 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. This Agreement may be signed using an electronic signature.
[Signatures on following page]
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SIGNATURE PAGE FOR
ON CALL RAIL FLAGGING SERVICES AGREEMENT
BETWEEN THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AND RAILPROS, 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
RAILPROS, INC.
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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EXHIBIT “A”
SCOPE OF SERVICES AND COMPENSATION
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1. SCOPE OF WORK
Provide on-call flagging services to RCTC or its Contractors at the dates, locations and times
requested.
Contractor warrants that (i) Services will be provided in a workmanlike manner, (ii) Contractor
Personnel will have the requisite experience, skills, knowledge, training and education to perform
Services in a professional manner and in accordance with this Agreement.
The Services will be provided in compliance with all governmental laws, regulations, and rules,
and in accordance with Maintenance of Way and Signal Department On-Track-Safety Roadway
Worker Rules and the Operating Rules.
2. SERVICE LOCATION
The scope of work includes flagging service for the following projects which require flagging on
BNSF and Union Pacific Right-of-Way:
1. SR-71 / SR-91 Interchange Improvement Project
2. I-15 / SR-91 Express Lane Connector
3. Operation and Maintenance of Commuter Stations at:
• Riverside Downtown
• Riverside La Sierra
• Corona North Main
• Corona West
• Jurupa Valley / Pedley
Future RCTC projects and/or station within BNSF and Union Pacific Right-of-Way will be part
of this agreement without the need to amend this agreement.
3. COMPENSATIONS
3.1 The rates for each flagger crew are inclusive and include but not limited to vacation
allowance, paid holidays, Railway and unemployment insurance, public liability and
property damage insurance, health and welfare benefits, vehicle, transportation, meals,
lodging, radio, equipment, supervision and other costs incidental to performing flagging
services.
3.2 Services are billed for the Roadway Worker in Charge’s (RWIC’s) time on site, to include
any time setting up and taking down track protection, if applicable.
3.3 Each time a flagger is called, the minimum period for billing will be the eight (8) hour
basic day.
3.4 A minimum 24-hour cancellation notice is required, otherwise it is considered a billable
day and will be compensated per applicable standard 8-hour day.
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3.5 Overtime rate be charged for any hour after the Standard 8-hours day.
3.6 Prevailing Wage Rates
Standard Workday:
Standard 8-hour day………………………. $1,350
Overtime per hour ….…………………….. $170
Nights, Weekends, and Holidays:
Standard 8-hour day……………………. $1700
Overtime per hour rate…………………. $215
3.7 Rates are subject to adjustment based on increases in the applicable state prevailing wage
rate as established by the Department of Industrial Relations
3.8 Non-Prevailing Wage Rates
Standard 8-hour day………………………. $904.16
Overtime………………………………… $135.82
Double-time per hour……………………. $158.62
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Jason L. Sanchez BNSF Railway Company
Manager Engineering 740 E. Carnegie Drive
San Bernardino, CA 92408
909-386-4470
Jason.Sanchez@bnsf.com
February 14, 2023
Mr. Bryce Johnston:
Per our previous discussions during the pre-construction meeting, be advised that BNSF
will not be able to provide flagging services with our own Maintenance of Way
employees for 91/71 Connector Project.
Because of the current labor shortages, BNSF has been unable to keep up with our
maintenance labor needs, therefore, earlier this year the decision was made by our senior
leadership to recall all BNSF employees on flagging positions back to regular BNSF
maintenance duties.
I have been instructed to refer all Contractors/Agencies to contracted flagging services
for all projects going forward. Currently, RailPros is the only BNSF approved provider of
flagging services on BNSF ROW.
Please let me know if you have any questions regarding the new process.
Thank you,
Jason Sanchez
Jason L. Sanchez
BNSF Railway
Manager Engineering
740 E. Carnegie Drive
San Bernardino, CA 92408
909-386-4470
Jason.Sanchez@bnsf.com
ATTACHMENT 2
104
ATTACHMENT 3
105
106
107
AWARD ON-CALL RAILWAY FLAGGING SERVICES
FOR RCTC PROJECTS ENCROACHING IN BURLINGTON NORTHERN
SANTA FE (BNSF)
Western Riverside County Programs and Projects Committee Meeting
April 24, 2023
Bryce Johnston, Senior Capital Projects Manager
1
2
BACKGROUND
August of 2022 -BNSF informed all agencies performing work within BNSF Right of Way,
that BNSF would no longer provide flagging services and agencies would need to provide
the flagging directly.
BNSF has approved RailPros as the only company to provide BNSF flagging services
nationwide.Therefore,agencies are required to contract directly with RailPros for these
required services.
All existing Construction and Maintenance Agreements would need to be amended as
soon as possible to remove BNSF requirements to provide flagging.
On-Call Railway Flagging Services
RAILWAY FLAGGING REQUIREMENTS
3
Unless determined otherwise by Railway’s Project Representative,Railway flagger will be
required and furnished when Contractor’s work activities are located over,under and/or
within twenty-five (25)feet measured horizontally from centerline of the nearest track
and when cranes or similar equipment positioned beyond 25-feet from the track
centerline could foul the track in the event of tip over or other catastrophic occurrence.
Flagging services will be performed by qualified Railway flaggers.
The cost of flagger services provided by the Railway will be borne by Agency.
On-Call Railway Flagging Services
BNSF NOTIFICATION
4
Sole Source Requirement
On-Call Railway Flagging Services
5
SR-71 /SR-91 Interchange Improvement Project
I-15 /SR-91 Express Lane Connector
Operation and Maintenance of Commuter Stations at:
Riverside Downtown
Riverside La Sierra
Corona North Main
Corona West
Jurupa Valley / Pedley
Future Projects
On-Call Railway Flagging ServicesPOTENTIAL PROJECTS/OPERATIONS COVERED BY THIS
AGREEMENT
FUNDING
6
This agreement will be funded by the following fund sources:
Surface Transportation Block Grant (STBG)
Congestion Mitigation and Air Quality
Other future federal funds
Measure A for local match
State SB 132
91 surplus toll revenue
Federal Transit Administration (FTA)
Each on-call flagging service requests will utilize the most applicable fund source
designated to the project.
The Commission anticipates the ability to use of federal funds for this sole source
agreement and secured Caltrans’ approval through a Public Interest Finding (PIF) for SR-
71/SR-91 Interchange Improvement. It is anticipated future projects will need to request
individual PIF approval.
On-Call Railway Flagging Services
STAFF RECOMMENDATIONS
7
Award Agreement No.23-31-061-00 to RailPros,Inc.,to provide on-call Railway
Flagging Services for Riverside County Transportation Commission’s (RCTC)current and
future highway and/or expressway projects or activities of the Commission within the
Right-of-Way owned or operated by Burlington Northern Santa Fe (BNSF),for a three-
year term,and one,two-year option to extend the agreement,in an amount not to
exceed $2,400,000
Authorize the Chair or Executive Director,pursuant to legal counsel review,to execute the
agreement and optional two-year term on behalf of the Commission.
On-Call Railway Flagging Services
QUESTIONS
8
AGENDA ITEM 9
Agenda Item 9
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: April 24, 2023
TO: Western Riverside County Programs and Projects Committee
FROM: Brian Cunanan, Commuter and Motorist Assistance Manager
THROUGH: David Knudsen, External Affairs Director
SUBJECT: Approval of VanClub Vanpool Program Subsidy Increase and Amendments to
Leasing Vendor Agreements
STAFF RECOMMENDATION:
This item is for the Committee to recommend the Commission take the following action(s):
1) Approve VanClub program vanpool subsidy increase from $400 a month per vanpool to
$600 a month per vanpool, effective July 1, 2023;
2) Approve Agreement No. 21-41-021-01, Amendment No. 1 to Agreement No. 21-41-021-00
with Airport Van Rental (AVR Vanpool) to revise the monthly subsidy amount to $600,
effective July 1, 2023, with no change to the term or agreement amount;
3) Approve Agreement No. 18-41-038-02, Amendment No. 2 to Agreement No. 18-41-038-00
with California Vanpool Authority (CalVans) to revise the monthly subsidy amount to $600,
effective July 1, 2023, with no change to the term or agreement amount;
4) Approve Agreement No. 18-45-063-04, Amendment No. 4 to Agreement No. 18-45-063-00
with Commute with Enterprise (Enterprise) to revise the monthly subsidy amount to $600,
effective July 1, 2023, with no change to the term or agreement amount; and
5) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the
agreements on behalf of the Commission.
BACKGROUND INFORMATION:
In May 2018, the Commission expanded its Commuter Assistance Program to launch a vanpool
subsidy program, VanClub, for commuters who travel to a worksites in western Riverside
County. Vanpools help reduce traffic and vehicle emissions by decreasing the number of single
occupant vehicles and are an effective transit mode for long distance commuters whose routes
or schedules are not served by traditional bus or rail transit. VanClub supports long-distance
commuters with a subsidy of up to $400 per month reducing the cost of a vanpool lease. A
similar vanpool subsidy is available to those commuting to eastern Riverside County worksites
through the SunLine Transit Agency.
VanClub is operated through a third-party lease or “purchased transportation” arrangement,
where the Commission competitively procures for third-party vendor(s), who then provide a
leased vehicle to vanpool groups. The lease cost includes the vanpool vehicle, insurance,
maintenance and roadside assistance. Each vanpool is responsible for creating a route and
schedule, enrolling riders, selecting which leasing vendor they will lease their vehicle from and
108
Agenda Item 9
once in a lease arrangement, the group pays their monthly lease directly to the leasing vendor
(minus the RCTC subsidy). The vendor invoices the Commission for the monthly subsidy and is
reimbursed after the Commission receives a detailed report on the vanpool activity for that
month, directly from the vanpool group.
The Commission’s current vanpool contracts are with two types of vendors: private sector
(referred throughout as private leasing vendors) - AVR Vanpool and Enterprise, and a public
transit agency/vendor, CalVans. CalVans vanpools primarily serves the agricultural and post-
secondary educational markets. As a public transit provider, CalVans takes applications directly
from the vanpool groups, leases the vehicles to those groups and reports all program statistics
directly into the National Transit Database (NTD). Whereas for the private leasing vendors, those
vanpool groups apply directly to VanClub.net and the Commission reviews and approves those
applications, oversees those vanpools, reviews monthly reports and inputs data directly into the
NTD.
The benefit to reporting into the NTD is that public agencies realize a minimum of $2 in
additional Federal Transit Administration (FTA) Section 5307 funding for every $1
invested/expended towards the ongoing subsidy program, two years after the reporting year.
Some programs nationwide have claimed up to a 3:1 return in funding. To date, VanClub has
generated approximately $8.1 million in FTA Section 5307 and 5339 to Riverside County.
For both types of purchased transportation arrangements, RCTC establishes the minimum
program requirements and guidelines, based off of FTA requirements. VanClub’s program
guidelines requires that each vanpool:
1. Transports commuters traveling to a worksite or a post-secondary educational
institution;
2. Counts the driver as an unpaid commuter and all participants (including the driver)
are volunteers;
3. Commute each day a minimum of 30 miles round-trip;
4. Commutes to an employer located within Western Riverside County;
5. Commutes at least 12 or more days during a calendar month period;
6. Maintains occupancy requirements, where the ratio of riders to available seats,
including the driver (aka occupancy) must be at least 70 percent when a vanpool
applies to the program and the vanpool must maintain a minimum occupancy rate
of 50 percent or at least four passengers (including the driver); and
7. Permits RCTC to advertise the vanpool and the route to the general public and
accept additional riders to fill empty seats.
In general, vanpool programs tend to have the most productive and cost-effective performance of
any transit mode. Since inception, VanClub has reduced over 397K trips and 14.4 million miles of
travel. The average distance a vanpool travels one-way to work is 45 miles, with an average out of
pocket costs (i.e., “fare” in transit terms) of $5.95 per trip. The Commission investment into the
109
Agenda Item 9
program is minimal, in that the average farebox return since program launch through June 30, 2022
is 70.2 percent.
By March of 2020, the program had 80 active vanpools enrolled. And with the onset of the
COVID-19 Pandemic and given the shelter in place orders implemented at that time, the enrolled
vanpools dropped as non-essential workers disbanded their vanpools to work from home. By July
2020, the active vanpools totaled 30, consisting primarily of essential workers travelling to March
Air Force Base. Like other transit agencies, there were hopes that the program and ridership would
bounce back to pre-pandemic levels by the end of Fiscal Year 2020/21. Unfortunately, a rebound
has taken longer and starting in the fall of 2022, VanClub has started to enroll additional vanpools
as more workers head back to the workplace.
During this period, RCTC gave the vanpools as much flexibility as possible, and relaxed two of the
program’s criteria to accommodate for part-time vanpooling. Additionally, in June 2022 the
Commission approved an extra $100 towards the monthly subsidy for vanpool groups that lease zero
emission vehicles. Since zero emission vehicles are more costly to lease, the Commission added this
additional subsidy to help reduce congestion while also providing the highest emission reduction
benefit possible. Also at this meeting, the Commission also approved to increase the $2 a day three-
month rideshare incentive to $5 per day, temporarily expanding eligibility to out of county
participants commuting to Riverside County worksites and allowing VanClub participants that are
new to vanpooling to take advantage of this three-month incentive (in addition to the monthly
VanClub subsidy). Although VanClub participation has increased since RCTC took these actions, none
of the vanpool groups have yet to lease a zero emission vehicle.
DISCUSSION:
Inflation has significantly increased the cost to participate in a vanpool and diminished the ratio of
support provided by the $400 subsidy amount. The average vanpool lease at program inception was
$937 per month; currently, the average vanpool lease is $1,251, or 34 percent higher than it was five
years ago. In that same timeframe, the average cost of fuel has increased by 26 percent. A vanpool
traveling an average of 90 miles roundtrip four days a week (at 20 miles per gallon) translates to an
estimated $347 per month, in fuel costs alone.
VanClub program participants, past and present, expressed sensitivity to the rising costs of
vanpooling in a survey completed at the end of 2022. When asked how vanpools can best be
supported, increasing the monthly subsidy amount and lowering vanpool lease agreement prices
were the highest ranked options. To help keep vanpool an attractive option for commuters that may
lack transit options or other mobility alternatives, many neighboring programs have or are planning
to increase the monthly subsidy from the traditional $400 per month level.
Monthly
Subsidy
Metro OCTA RCTC SANDAG SBCTA VVTA
$600 $400* $400* $500 $600** $600
*Exploring increase to $600 per month; ** Effective Fiscal Year 2023/24
The $400 a month subsidy was initially established in the mid 1990’s, when the first ongoing vanpool
program in California was implemented in San Diego County. In 2007 both Los Angeles and Orange
110
Agenda Item 9
County jump started their ongoing vanpool programs, offering $400 a month subsidy. Today, these
vanpool subsidy programs operated by Los Angeles County Metropolitan Transportation Authority
and San Diego Association of Governments, offer monthly subsidies of $600 and $500, respectively.
In San Bernardino County, Victor Valley Transit Authority vanpool program offers a monthly subsidy
of $600 and San Bernardino County Transportation Authority is currently at $400 and is increasing
to $600 next fiscal year. Orange County Transportation Authority is exploring a potential increase to
$600 subsidy level for their vanpool program as well.
To keep up with rising costs and foster additional vanpool participation which will help reduce
congestion and improve mobility, as well as generate future FTA Section 5307 for Riverside County
transit programs, Staff recommends increasing the VanClub monthly subsidy from $400 to $600 per
month (and maintaining the additional $100 for EV vanpool vehicles) and amending existing vanpool
leasing vendor contracts to reflect this change.
FISCAL IMPACT
The total value of the revised VanClub subsidy is $515,400.
Financial Information
In Fiscal Year Budget: N/A Year: FY 2023/24 Amount: $515,400
Source of Funds:
Operating: Western County Measure A; FTA
CARES; Mobile Source Air Pollution Reduction
Review Committee; Congestion Mitigation and Air
Quality Funding
Budget
Adjustment:
No
N/A
GL/Project Accounting No.: 002187 81030 00000 0000 263 41 81002
Fiscal Procedures Approved:
Date: 04/14/2023
Attachments:
1) Airport Van Rental Vanpool Agreement No. 21-41-021-01
2) California Vanpool Authority Agreement No. 18-41-038-03
3) Enterprise Agreement No. 18-45-063-04
111
Agreement No. 21-41-021-01
1
AMENDMENT NO. 1 TO
VANPOOL SUBSIDY PROGRAM AGREEMENT
WITH AIRPORT VAN RENTAL 1.PARTIES AND DATEThis Amendment No. 1 to Vanpool Subsidy Program Agreement is entered into as of June30, 2023, by and between the Riverside County Transportation Commission (“Commission”) and Airport Van Rental (“Consultant”). 2.RECITALS2.1 The Commission and Consultant have entered into an agreement dated January 20, 2021, for the purpose of engaging Contractor as a provider of qualified vehicles to be leased under the RCTC Vanpool Subsidy Program by participants, and to provide such other services as detailed therein (the "Master Agreement"). 2.2 The Commission and Consultant now desire to further amend the Master Agreement in order to update the maximum monthly subsidy amount paid to the Contractor to Six Hundred Dollars ($600) per vanpool and provide eligible vanpools using electric powered vehicles (EV) an additional subsidy of One Hundred Dollars ($100) per EV vanpool. 3.TERMS3.1 “Article 3. - Compensation, Section 3.2” shall be updated to provide a maximum monthly subsidy amount of Six Hundred Dollars ($600) per vanpool paid to the Contractor and provide eligible vanpools using electric powered vehicles (EV) an additional subsidy of One Hundred Dollars ($100) per EV vanpool. 3.2 Except as amended by this Amendment No. 1, all provisions of the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the PARTIES under this Amendment No. 1. 3.3 This Amendment No. 1 shall be construed and interpreted according to California law, and any action to enforce the terms of this Amendment or for the breach thereof shall be brought and tried in the County of Riverside. 3.4 A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 4 for all purposes. This Amendment No. 1 may be signed using an electronic signature. 3.5 This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
[Signatures on following page]
ATTACHMENT 1
112
Agreement No. 21-41-021-01
2
SIGNATURE PAGE
TO
AMENDMENT NO. 21-41-021-01
IN WITNESS WHEREOF, the PARTIES hereto have executed this Amendment on the date first herein above written.
RIVERSIDE COUNTY AIRPORT VAN RENTAL
TRANSPORTATION COMMISSION By: _________________________________________________ By: __________________________________________ Anne Mayer Signature Executive Director __________________________________________ Name __________________________________________ Title
APPROVED AS TO FORM: ATTEST: By: _________________________________________________ By: _________________________________________ Best Best & Krieger, LLP Counsel to the Riverside County Transportation Commission 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 the Commission.
113
Agreement No. 18-41-038-03
1
AMENDMENT NO. 3 TO
INTERAGENCY AGREEMENT FOR VANPOOL SERVICES
BY AND BETWEEN
THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION AND
THE CALIFORNIA VANPOOL AUTHORITY 1.PARTIES AND DATEThis Amendment No. 3 to Interagency Agreement for Vanpool Services is made and enteredinto as of June 30, 2023, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION, a county transportation commission established by Public Utilities Code section 130000, et. seq. (hereinafter referred to as “RCTC” or "CLIENT") and the California Vanpool Authority, a joint powers authority established under the Joint Exercise of Powers Act (hereinafter referred to as "CALVANS" or "CONTRACTOR"). CLIENT and CONTRACTOR are each a "PARTY" and collectively the "PARTIES". 2.RECITALS2.1 RCTC and CALVANS have entered into an agreement dated November 9, 2017 for the purpose of encouraging increased vanpool use in Western and Southern Riverside County by providing the provision of vanpool services (“Master Agreement”). 2.2 RCTC and CALVANS have entered into an Amendment No. 1 dated June 30, 2020 for the purpose of extending the term of the Master Agreement to June 30, 2022 for the continued provision of providing vanpool services. 2.3 RCTC and CALVANS have entered into an Amendment No. 2 dated June 30, 2022 for the purpose of extending the term of the Master Agreement to June 30, 2025 for the continued provision of providing vanpool services. 2.4 The PARTIES now desire to further amend the Master Agreement in order to update the maximum monthly subsidy amount paid to the Contractor to Six Hundred Dollars ($600) per vanpool and provide eligible vanpools using electric powered vehicles (EV) an additional subsidy of One Hundred Dollars ($100) per EV vanpool. 3.TERMS3.1 “Section 5 – Compensation” shall be updated to provide a maximum monthly subsidy amount of Six Hundred Dollars ($600) per vanpool paid to the Contractor and provide eligible vanpools using electric powered vehicles (EV) an additional subsidy of One Hundred Dollars ($100) per EV vanpool. 3.2 Except as amended by this Amendment No. 3, all provisions of the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the PARTIES under this Amendment No. 3. 3.3 This Amendment No. 3 shall be construed and interpreted according to California law, and any action to enforce the terms of this Amendment or for the breach thereof shall be brought and tried in the County of Riverside.
ATTACHMENT 2
114
Agreement No. 18-41-038-03
2
3.4 A manually signed copy of this Amendment No. 3 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. 3 for all purposes. This Amendment No. 3 may be signed using an electronic signature. 3.5 This Amendment No. 3 may be signed in counterparts, each of which shall constitute an original. [Signatures on following page]
115
Agreement No. 18-41-038-03
3
SIGNATURE PAGE
TO
AMENDMENT NO. 18-41-038-03
IN WITNESS WHEREOF, the PARTIES hereto have executed this Amendment on the date first herein above written.
RIVERSIDE COUNTY CALIFORNIA VANPOOL AUTHORITY
TRANSPORTATION COMMISSION By: _________________________________________________ By: _________________________________________________ Anne Mayer, Executive Director Georgina Landecho, Executive Director
APPROVED AS TO FORM: By: _________________________________________________ Best Best & Krieger, LLP Counsel to the Riverside County Transportation Commission
116
Agreement No. 18-45-063-04
1
AMENDMENT NO. 4 TO
VANPOOL SUBSIDY PROGRAM AGREEMENT
WITH ENTERPRISE 1.PARTIES AND DATEThis Amendment No. 4 to Vanpool Subsidy Program Agreement is entered into as of June30, 2023, by and between the Riverside County Transportation Commission (“Commission”) and Enterprise Rent-A-Car Company of Los Angeles, LLC, a Delaware limited liability company, DBE Enterprise Rideshare (“Contractor”). 2.RECITALS2.1 The Commission and Contractor have entered into an agreement dated March 7, 2018, for the purpose of engaging Contractor as a provider of qualified vehicles to be leased under the RCTC Vanpool Subsidy Program by participants, and to provide such other services as detailed therein (the "Master Agreement"). 2.2 The Commission and the Consultant have entered into Amendment No. 1 to the Master Agreement, dated March 24, 2021, for the purpose of extending the term for continued qualified vehicle provider services. 2.3 The Commission and the Consultant have entered into Amendment No. 2 to the Master Agreement, dated March 31, 2022, for the purpose of extending the term for continued qualified vehicle provider services and to replace "Exhibit B" of the Master Agreement. 2.4 The Commission and the Consultant have entered into Amendment No. 3 to the Master Agreement, dated March 2, 2023, for the purpose of extending the term for continued qualified vehicle provider services. 2.5 The PARTIES now desire to further amend the Master Agreement in order to replace “Exhibit B” of the Master Agreement. 3.TERMS3.1 “Exhibit B – Vehicle Subsidy” shall be replaced in its entirety with Exhibit B attached to this Amendment No. 4. 3.2 Except as amended by this Amendment No. 4, all provisions of the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the PARTIES under this Amendment No. 4. 3.3 This Amendment No. 4 shall be construed and interpreted according to California law, and any action to enforce the terms of this Amendment or for the breach thereof shall be brought and tried in the County of Riverside. 3.4 A manually signed copy of this Amendment No. 4 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same
ATTACHMENT 3
117
Agreement No. 18-45-063-04
2
legal effect as delivery of an original executed copy of this Amendment No. 4 for all purposes. This Amendment No. 4 may be signed using an electronic signature. 3.5 This Amendment No. 4 may be signed in counterparts, each of which shall constitute an original. [Signatures on following page]
118
Agreement No. 18-45-063-04
3
SIGNATURE PAGE
TO
AMENDMENT NO. 18-45-063-04
IN WITNESS WHEREOF, the PARTIES hereto have executed this Amendment on the date first herein above written.
RIVERSIDE COUNTY ENTERPRISE RENT-A-CAR
TRANSPORTATION COMMISSION COMPANY OF LOS ANGELES, LLC DBE ENTERPRISE RIDESHARE By: _________________________________________________ By: __________________________________________ Anne Mayer, Executive Director Signature __________________________________________ Name __________________________________________ Title
APPROVED AS TO FORM: ATTEST: By: _________________________________________________ By: _________________________________________ Best Best & Krieger, LLP Counsel to the Riverside County Transportation Commission 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 the Commission.
119
Agreement No. 18-45-063-04
4
EXHIBIT "B"
VEHICLE SUBSIDY Fifty percent (50%) of the total lease cost per Vehicle, not to exceed Six Hundred Dollars ($600) per Vehicle. Eligible Vanpools using electric powered vehicles (EV) may receive an additional subsidy of One Hundred Dollars ($100) per Vehicle.
120
VANCLUB SUBSIDY RECOMMENDATION
Brian Cunanan
Commuter & Motorist Assistance Manager
1
Western Riverside County Programs & Projects Committee
April 24, 2023
2
•Sponsored by a public agency
•7 to 15 passenger vehicles
•Routes marketed to and
open to the public
•ADA accessible
FTA Recognizes Vanpool as Transit
Vanpools complement traditional transit modes
3
•Western Riverside County worksite destination
•Five participants to start
•30+ miles roundtrip/day
•Commute 12+ days/month
•Approved vanpool lease providers
•Extra $100 subsidy for EV vehicles
VanClub Provides $400 Monthly Subsidy
4
Highly Productive Transit Mode
397K
Vehicle Trips
Reduced
5.5
Tons Emissions
Reduced
14.5M
Vehicle Miles
Traveled Reduced
~4.7 riders per trip
~44.8 miles per trip
~19.8 days per month
5
Includes:
•Vehicle
•Insurance
•Maintenance
•Roadside assistance
Average FY23 Vanpool Lease = $1,252
6
Average Monthly Lease Increased $315
$-
$200
$400
$600
$800
$1,000
$1,200
$1,400
2018 2023
$1,252
$937
Current $400 Monthly
Subsidy
Proposed $600 Monthly Subsidy
7
Vanpool Monthly “Fare” Increased 59%
Individual fare equals all
out-of-pocket costs including:
•Vehicle lease
•Non-vehicle lease expenses
•Fuel
•Washes
•Tolls
•Misc.
$-
$50
$100
$150
$200
$250
$300
$350
2018 2023
$305
$192
8
Strategies for Increased Vanpool Adoption
•Expand Commuter Assistance to eastern Riverside County
•Engage more small/mid sized businesses
•Merge IE rideshare database with LA/OC rideshare database
•Increase monthly VanClub vanpool subsidy from $400 to $600
9
Staff Recommendation
•Approve VanClub program vanpool subsidy increase from $400 a
month per vanpool to $600 a month per vanpool, effective July 1, 2023;
•Approve amendments to vanpool leasing vendor agreements with
AVR Vanpool, CalVans, and Commute with Enterprise to revise
subsidy to $600 with no change to the term or agreement amount; and
•Authorize the Chair or Executive Director, pursuant to legal counsel
review, to execute the agreements on behalf of the Commission.
QUESTIONS, DISCUSSION
10
AGENDA ITEM 10
Agenda Item 10
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: April 24, 2023
TO: Western Riverside County Programs and Projects Committee
FROM: Gary Ratliff, Facilities Administrator
THROUGH: Erik Galloway, Project Delivery Director
SUBJECT: Agreement for Elevator Maintenance, Inspection and Repair Services
STAFF RECOMMENDATION:
This item is for the Committee to recommend the Commission take the following action(s):
1) Approve Agreement No. 23-24-046-00 with Amtech Elevator Services to provide elevator
maintenance, inspection and repair services for a three-year term, and one, two-year
option to extend the agreement, in the amount of $400,000, plus a contingency amount
of $50,000, for a total amount not to exceed $450,000; and
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to finalize and
execute the agreement, on behalf of the Commission.
BACKGROUND INFORMATION:
The Commission owns nine commuter rail stations in Riverside County. Four of the nine stations
offer elevator services to station patrons. The La Sierra, North Main Corona, Riverside Downtown,
and West Corona stations each have two elevators located near the platform, for a total of eight
elevators. The two elevators located in the North Main Corona station parking structure are not
included as part of this agreement, as they are covered under a separate agreement with
ThyssenKrupp Elevator Corporation, due to issues regarding warranty coverage and certain
proprietary elevator controls.
Over the past four years each of eight elevators have gone through an elevator modernization
process to update each elevator system. Elevator maintenance services are essential to provide
continued assistance and safety for station patrons and to provide reliable and consistent
performance of all elevators, as well as preserving and maintaining Commission property.
On May 11, 2016, the Commission approved an elevator services agreement with an initial three-
year term, and two two-year options for an amount not to exceed $605,000 to cover the eight
elevators at the existing commuter rail stations. Currently, the agreement is in its last option year
and expires June 30, 2023. The new agreement will allow the Commission to maintain and repair
the elevators at the commuter rail stations.
121
Agenda Item 10
The Commission requires the services of a qualified elevator contractor to provide elevator
preventative maintenance service intervals, repair state inspection items and respond to on-call
repair services.
Scheduled monthly maintenance and inspection includes examining, adjusting, cleaning,
lubricating, and testing of the motor, machine, controller, safety devices, and other elevator
components and equipment. Additionally, on-call repair services can be requested by
Commission staff on an as-needed basis for unanticipated repair and emergency situations not
covered under maintenance services.
Under Commission supervision, monthly maintenance services would be conducted at each
station for a fixed price during the term of the agreement, which shall not exceed five years. On-
call repair services would be requested on an as-needed basis, and pricing for that work would
be based on the successful contractor’s proposed fixed labor rates and fixed markup on
equipment and/or materials.
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 elevator maintenance, inspection, and
repair services as set forth under the terms of Request for Proposals (RFP) No. 23-24-046-00.
RFP No. 23-24-046-00 for Elevator Maintenance, Inspection and Repair Services was released by
staff on February 24, 2023. The RFP was posted on the Commission’s PlanetBids website, which
is accessible through the Commission’s website. Utilizing PlanetBids, emails were sent to 303
firms, zero (0) of which are located in Riverside County. Through the PlanetBids site, 10 firms
downloaded the RFP. Staff responded to all questions submitted by potential proposers by
March 16, 2023. Amtech Elevator Services (Cerritos, CA) and AZTech Elevator Company
(Los Angeles, CA) - submitted responsive proposals prior to the 2:00 p.m. submittal deadline on
March 30, 2023. Utilizing the evaluation criteria set forth in the RFP, all firms were evaluated and
scored by an evaluation committee comprised of Commission staff.
As a result of the completion of the evaluation process, the evaluation committee recommends
contract award to Amtech Elevator Services. to provide elevator maintenance, inspection, and
repair services for a three-year term, and one, two-year option to extend the agreement, as this
firm earned the highest total evaluation score. A summary of the proposed costs submitted with
the written proposals and the total evaluation score rankings following the final evaluation are
summarized below:
Firm Price Overall Ranking
Amtech Elevator Services $240,880.00 1
AZTech Elevator Company $352,500.00 2
122
Agenda Item 10
Accordingly, staff recommends the award of an agreement for elevator maintenance, inspection,
and repair services for a three-year term, and one, two-year option to extend the agreement to
Amtech Elevator Services in an amount of $400,00, plus a contingency amount of $50,000, for a
total amount not to exceed $450,000. The Commission’s standard form professional services
agreement will be entered into with Amtech Elevator Services subject to any changes approved
by the Executive Director, pursuant to legal counsel review. Staff also recommends authorization
for the Chair or Executive Director to finalize and execute the agreement.
FISCAL IMPACT:
This project has a budget of $450,000 for up to a five-year period. Funding for this project is
comprised of a Measure A and State of Good Repair (SGR) Grants.
Financial Information
In Fiscal Year Budget: Yes
N/A Year: FY 2023/24
FY2024/25 + Amount: $50,000
$400,000
Source of Funds: 2009 Measure A Western County Rail
Funds/SGR Grant Budget Adjustment: No
N/A
GL/Project Accounting No.:
244001 73301 00000 0000 265 24 73301
244003 73301 00000 0000 265 24 73301
244004 73301 00000 0000 265 24 73301
244006 73301 00000 0000 265 24 73301
004011 90701 (00113,00114,00115,00116) 4141 265 33 90501
Fiscal Procedures Approved:
Date: 04/14/2023
Attachment: Draft Agreement No. 23-24-046-00 with Amtech Elevator Services
123
17336.00000\32845205.2
Agreement No. 23-24-046-00
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AGREEMENT FOR ELEVATOR MAINTENANCE, INSPECTION AND REPAIR
SERVICES WITH [___CONSULTANT___]
1. PARTIES AND DATE.
This Agreement is made and entered into this day of , 2023, by
and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("the Co-
mmission") and [___NAME OF FIRM___] ("Consultant"), a [___LEGAL STATUS OF
CONSULTANT e.g., CORPORATION___].
2. RECITALS.
2.1 Consultant desires to perform and assume responsibility for the
provision of certain professional consulting services required by Commission on the terms
and conditions set forth in this Agreement. Consultant represents that it is a professional
consultant, experienced in providing elevator maintenance, inspection and repair services
to public clients, is licensed in the State of California, and is familiar with the plans of
Commission.
2.2 Commission desires to engage Consultant to render professional
elevator maintenance, inspection and repair services project ("Project") as set forth herein.
2.3 The Project will be funded, in part, with federal funding from the
Federal Transit Administration (“FTA”). Consultant shall comply with all applicable FTA
requirements.
3. TERMS.
3.1 General Scope of Services. Consultant promises and agrees to
furnish to Commission all labor materials, tools, equipment, services, and incidental and
customary work necessary to fully and adequately provide professional consulting services
and advice on various issues affecting the decisions of Commission regarding the Project
and on other programs and matters affecting Commission, hereinafter referred to as
"Services". The Services are more particularly described in Exhibit "A" attached hereto and
incorporated herein by reference. All Services shall be subject to, and performed in
accordance with, this Agreement, the exhibits attached hereto and incorporated herein by
reference, and all applicable local, state, and federal laws, rules and regulations.
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3.2 Term. The term of this Agreement shall be from the date first specified
above to ________________, unless earlier terminated as provided herein. Consultant
shall complete the Services within the term of this Agreement and shall meet any other
established schedules and deadlines.
3.3 Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit "B" attached hereto and incorporated herein by reference.
Consultant represents that it has the professional and technical personnel required to
perform the Services in conformance with such conditions. In order to facilitate
Consultant's conformance with the Schedule, the Commission shall respond to Consultant's
submittals in a timely manner. Upon request of the Commission, Consultant shall provide a
more detailed schedule of anticipated performance to meet the Schedule of Services.
3.4 Independent Contractor; Control and Payment of Subordinates. The
Services shall be performed by Consultant under its supervision. Consultant will determine
the means, method and details of performing the Services subject to the requirements of
this Agreement. Commission retains Consultant on an independent contractor basis and
Consultant is not an employee of Commission. Consultant retains the right to perform
similar or different services for others during the term of this Agreement. Any additional
personnel performing the Services under this Agreement on behalf of Consultant shall not
be employees of Commission and shall at all times be under Consultant's exclusive
direction and control. Consultant shall pay all wages, salaries, and other amounts due
such personnel in connection with their performance of Services under this Agreement and
as required by law. Consultant 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, and workers' compensation insurance.
3.5 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of Commission.
3.6 Substitution of Key Personnel. Consultant has represented to
Commission that certain key personnel will perform and coordinate the Services under this
Agreement. Should one or more of such personnel become unavailable, Consultant may
substitute other personnel of at least equal competence and experience upon written
approval of Commission. In the event that Commission and Consultant cannot agree as to
the substitution of key personnel, Commission shall be entitled to terminate this Agreement
for cause, pursuant to provisions of Section 3.16 of this Agreement. The key personnel for
performance of this Agreement are as follows: __________________________________.
3.7 Commission’s Representative. Commission hereby designates
[___INSERT NAME OR TITLE___], or his or her designee, to act as its representative for
the performance of this Agreement ("Commission’s Representative"). Commission's
representative shall have the power to act on behalf of Commission for all purposes under
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this Agreement. Consultant shall not accept direction from any person other than
Commission's Representative or his or her designee.
3.8 Consultant’s Representative. Consultant hereby designates
[___INSERT NAME OR TITLE___], or his or her designee, to act as its representative for
the performance of this Agreement ("Consultant’s Representative"). Consultant’s
Representative shall have full authority to represent and act on behalf of the Consultant for
all purposes under this Agreement. The Consultant’s Representative shall supervise and
direct the Services, using his or her 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.
3.9 Coordination of Services. Consultant 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.
3.10 Standard of Care; Licenses. Consultant shall perform the Services
under this Agreement in a skillful and competent manner, consistent with the standard
generally recognized as being employed by professionals in the same discipline in the
State of California. Consultant represents and maintains that it is skilled in the professional
calling necessary to perform the Services. Consultant warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned
to them. Finally, Consultant 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. Consultant shall perform, at its own cost and
expense and without reimbursement from Commission, any Services necessary to correct
errors or omissions which are caused by the Consultant’s failure to comply with the
standard of care provided for herein, and shall be fully responsible to the Commission for
all damages and other liabilities provided for in the indemnification provisions of this
Agreement arising from the Consultant’s errors and omissions. Any employee of
Consultant or its sub-consultants who is determined by the Commission to be
uncooperative, incompetent, a threat to the safety of persons or property, or any employee
who fails or refuses to perform the Services in a manner acceptable to the Commission,
shall be promptly removed from the Project by the Consultant and shall not be re-employed
to perform any of the Services or to work on the Project.
3.11 Laws and Regulations. Consultant shall keep itself fully informed of
and in compliance with all local, state and federal laws, rules and regulations in any manner
affecting the performance of the Project or the Services, including all Cal/OSHA
requirements, and shall give all notices required by law. Consultant shall be liable for all
violations of such laws and regulations in connection with Services. If the Consultant
performs any work knowing it to be contrary to such laws, rules and regulations and without
giving written notice to Commission, Consultant shall be solely responsible for all costs
arising therefrom. Consultant shall defend, indemnify and hold Commission, its officials,
directors, officers, employees and agents free and harmless, pursuant to the
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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.
3.12 Insurance.
3.12.1 Time for Compliance. Consultant shall not commence work
under this Agreement until it has provided evidence satisfactory to the Commission that it
has secured all insurance required under this section, in a form and with insurance
companies acceptable to the Commission. In addition, Consultant shall not allow any
subcontractor to commence work on any subcontract until it has secured all insurance
required under this section.
3.12.2 Minimum Requirements. Consultant shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries
to persons or damages to property which may arise from or in connection with the
performance of the Agreement by the Consultant, its agents, representatives, employees or
subcontractors. Consultant shall also require all of its subcontractors to procure and
maintain the same insurance for the duration of the Agreement. Such insurance shall meet
at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least
as broad as the latest version of the following: (1) General Liability: Insurance Services
Office Commercial General Liability coverage (occurrence form CG 0001 or exact
equivalent); (2) Automobile Liability: Insurance Services Office Business Auto Coverage
(form CA 0001, code 1 (any auto) or exact equivalent); and (3) Workers’ Compensation and
Employer’s Liability: Workers’ Compensation insurance as required by the State of
California and Employer’s Liability Insurance.
(B) Minimum Limits of Insurance. Consultant shall maintain
limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability Insurance or other
form with general aggregate limit is used, either the general aggregate limit shall apply
separately to this Agreement/location or the general aggregate limit shall be twice the
required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury
and property damage; and (3) if Consultant 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.
3.12.3 Professional Liability. Reserved.
3.12.4 Insurance Endorsements. The insurance policies shall contain
the following provisions, or Consultant shall provide endorsements on forms approved by
the Commission to add the following provisions to the insurance policies:
(A) General Liability.
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(i) Commercial General Liability Insurance must
include coverage for (1) bodily Injury and property damage; (2) personal Injury/advertising
Injury; (3) premises/operations liability; (4) products/completed operations liability; (5)
aggregate limits that apply per Project; (6) explosion, collapse and underground (UCX)
exclusion deleted; (7) contractual liability with respect to this Agreement; (8) broad form
property damage; and (9) independent consultants coverage.
(ii) The policy shall contain no endorsements or
provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims
or suits by one insured against another; or (3) contain any other exclusion contrary to this
Agreement.
(iii) The policy shall give the Commission, its directors,
officials, officers, employees, and agents insured status using ISO endorsement forms 20
10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(iv) The additional insured coverage under the policy
shall be “primary and non-contributory” and will not seek contribution from the
Commission’s 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 Consultant or for which the Consultant 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 Consultant’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 Consultant’s insurance and shall not be called upon to
contribute with it in any way.
(C) Workers’ Compensation and Employers Liability
Coverage.
(i) Consultant certifies that he/she is aware of the
provisions of Section 3700 of the California Labor Code which requires every employer to
be insured against liability for workers’ compensation or to undertake self-insurance in
accordance with the provisions of that code, and he/she will comply with such provisions
before commencing work under this Agreement.
(ii) The insurer shall agree to waive all rights of
subrogation against the Commission, its directors, officials, officers, employees and agents
for losses paid under the terms of the insurance policy which arise from work performed by
the Consultant.
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(D) All Coverages.
(i) Defense costs shall be payable in addition to the
limits set forth hereunder.
(ii) Requirements of specific coverage or limits
contained in this section are not intended as a limitation on coverage, limits, or other
requirement, or a waiver of any coverage normally provided by any insurance. It shall be a
requirement under this Agreement that any available insurance proceeds broader than or in
excess of the specified minimum insurance coverage requirements and/or limits set forth
herein shall be available to the Commission, 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) Consultant shall provide the Commission at least
thirty (30) days prior written notice of cancellation of any policy required by this Agreement,
except that the Consultant shall provide at least ten (10) days prior written notice of
cancellation of any such policy due to non-payment of premium. If any of the required
coverage is cancelled or expires during the term of this Agreement, the Consultant shall
deliver renewal certificate(s) including the General Liability Additional Insured Endorsement
to the Commission at least ten (10) days prior to the effective date of cancellation or
expiration.
(v) The retroactive date (if any) of each policy is to be
no later than the effective date of this Agreement. Consultant shall maintain such coverage
continuously for a period of at least three years after the completion of the work under this
Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the
retroactive date is advanced past the effective date of this Agreement; B) if the policy is
cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with
a retroactive date subsequent to the effective date of this Agreement.
(vi) The foregoing requirements as to the types and
limits of insurance coverage to be maintained by Consultant, and any approval of said
insurance by the Commission, is not intended to and shall not in any manner limit or qualify
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the liabilities and obligations otherwise assumed by the Consultant pursuant to this
Agreement, including but not limited to, the provisions concerning indemnification.
(vii) If at any time during the life of the Agreement, any
policy of insurance required under this Agreement does not comply with these
specifications or is canceled and not replaced, Commission has the right but not the duty to
obtain the insurance it deems necessary and any premium paid by Commission will be
promptly reimbursed by Consultant or Commission will withhold amounts sufficient to pay
premium from Consultant payments. In the alternative, Commission may cancel this
Agreement. The Commission may require the Consultant to provide complete copies of all
insurance policies in effect for the duration of the Project.
(viii) Neither the Commission nor any of its directors,
officials, officers, employees or agents shall be personally responsible for any liability
arising under or by virtue of this Agreement.
3.12.5 Deductibles and Self-Insurance Retentions. Any deductibles or
self-insured retentions must be declared to and approved by the Commission. If the
Commission does not approve the deductibles or self-insured retentions as presented,
Consultant shall guarantee that, at the option of the Commission, either: (1) the insurer
shall reduce or eliminate such deductibles or self-insured retentions as respects the
Commission, its directors, officials, officers, employees and agents; or, (2) the Consultant
shall procure a bond guaranteeing payment of losses and related investigation costs,
claims and administrative and defense expenses.
3.12.6 Acceptability of Insurers. Insurance is to be placed with insurers
with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California,
and satisfactory to the Commission.
3.12.7 Verification of Coverage. Consultant shall furnish Commission
with original certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the Commission. The certificates and endorsements
for each insurance policy shall be signed by a person authorized by that insurer to bind
coverage on its behalf. All certificates and endorsements must be received and approved
by the Commission before work commences. The Commission reserves the right to require
complete, certified copies of all required insurance policies, at any time.
3.12.8 Subconsultant Insurance Requirements. Consultant shall not
allow any subcontractors or subconsultants to commence work on any subcontract until
they have provided evidence satisfactory to the Commission that they have secured all
insurance required under this section. Policies of commercial general liability insurance
provided by such subcontractors or subconsultants shall be endorsed to name the
Commission as an additional insured using ISO form CG 20 38 04 13 or an endorsement
providing the exact same coverage. If requested by Consultant, the Commission may
approve different scopes or minimum limits of insurance for particular subcontractors or
subconsultants.
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3.13 Safety. Consultant shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Consultant
shall at all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and life saving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing
apparel as are necessary or lawfully required to prevent accidents or injuries; and (C)
adequate facilities for the proper inspection and maintenance of all safety measures.
3.14 Fees and Payment.
3.14.1 Compensation. Consultant shall receive compensation,
including authorized reimbursements, for all Services rendered under this Agreement at the
rates set forth in Exhibit "C" attached hereto. The total compensation shall not exceed
[___INSERT WRITTEN DOLLAR AMOUNT___] ($[___INSERT NUMERICAL DOLLAR
AMOUNT___]) without written approval of Commission's Executive Director (“Total
Compensation”). Additional Work may be authorized, as described below, and if
authorized, will be compensated at the rates and manner set forth in this Agreement.
3.14.2 Payment of Compensation. Consultant shall submit to
Commission a monthly statement which indicates work completed and hours of Services
rendered by Consultant. 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.
3.14.3 Reimbursement for Expenses. Consultant shall not be
reimbursed for any expenses unless authorized in writing by Commission.
3.14.4 Additional Work. Any work or activities that are in addition to, or
otherwise outside of, the Services to be performed pursuant to this Agreement shall only be
performed pursuant to a separate agreement between the parties. Notwithstanding the
foregoing, the Commission’s Executive Director may make a change to the Agreement,
other than a Cardinal Change. For purposes of this Agreement, a Cardinal Change is a
change which is “outside the scope” of the Agreement; in other words, work which should
not be regarded as having been fairly and reasonably within the contemplation of the
parties when the Agreement was entered into. An example of a change which is not a
Cardinal Change would be where, in a contract to construct a building there are many
changes in the materials used, but the size and layout of the building remains the same.
Cardinal Changes are not within the authority of this provision to order, and shall be
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processed by the Commission as “sole source” procurements according to applicable law,
including the requirements of FTA Circular 4220.1D, paragraph 9(f).
(a) In addition to the changes authorized above, a modification
which is signed by Consultant and the Commission’s Executive Director, other than a
Cardinal Change, may be made in order to: (1) make a negotiated equitable adjustment to
the Agreement price, delivery schedule and other terms resulting from the issuance of a
Change Order, (2) reflect definitive letter contracts, and (3) reflect other agreements of the
parties modifying the terms of this Agreement (“Bilateral Contract Modification”).
(b) Consultant shall not perform, nor be compensated for any
change, without written authorization from the Commission’s Executive Director as set forth
herein. In the event such a change authorization is not issued and signed by the
Commission’s Executive Director, Consultant shall not provide such change.
3.15 Financial Provisions; Records Retention; Audit.
3.15.1 Cost Principles and Administrative Requirements.
(a) Consultant agrees that the Contract Cost Principles and
Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et
seq., shall be used to determine the cost allowability of individual items.
(b) Consultant also agrees to comply with federal procedures in
accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards.
(c) Any costs for which payment has been made to CONSULTANT
that are determined by subsequent audit to be unallowable under 2 CFR, Part 200 and 48
CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject
to repayment by Consultant to Commission.
(d) All subcontracts in excess of $25,000 shall contain the above
provisions.
3.15.2 Retention of Records/Audit. For the purpose of determining
compliance with, as applicable, 2 CFR Part 200, Public Contract Code 10115, et seq. and
Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable
and other matters connected with the performance of this Agreement pursuant to
Government Code 8546.7; Consultant, subconsultants, and Commission shall maintain and
make available for inspection all books, documents, papers, accounting records, and other
evidence pertaining to the performance of this Agreement, including but not limited to, the
costs of administering this Agreement. All parties shall make such materials available at
their respective offices at all reasonable times during the Agreement period and for three
years from the date of final payment under this Agreement. The State, State Auditor,
Commission, or any duly authorized representative of the State or Federal Government
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shall have access to any books, records, and documents of Consultant and it’s certified
public accountants (CPA) work papers that are pertinent to this Agreement and, if
applicable, indirect cost rates (ICR) for audit, examinations, excerpts, and transactions, and
copies thereof shall be furnished if requested. Subcontracts in excess of $25,000 shall
contain this provision.
3.15.3 Accounting System. Consultant and its subcontractors shall
establish and maintain an accounting system and records that properly accumulate and
segregate expenditures by line item for the Services. The accounting system of Consultant
and its subcontractors shall conform to Generally Accepted Accounting Principles (GAAP),
enable the determination of incurred costs at interim points of completion, and provide
support for reimbursement payment vouchers or invoices.
3.15.4 Audit Review Procedures.
(a) Any dispute concerning a question of fact arising under an
interim or post audit of this Agreement that is not disposed of by agreement, shall be
reviewed by Commission’s Chief Financial Officer.
(b) Not later than 30 days after issuance of the final audit report,
Consultant may request a review by Commission’s Chief Financial Officer of unresolved
audit issues. The request for review will be submitted in writing.
(c) Neither the pendency of a dispute nor its consideration by
Commission shall excuse Consultant from full and timely performance, in accordance with
the terms of this Agreement.
3.16 Termination of Agreement.
3.16.1 Grounds for Termination. Commission may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without
cause by giving written notice to Consultant of such termination, and specifying the
effective date thereof. Upon termination, Consultant shall be compensated only for those
services which have been fully and adequately rendered to Commission through the
effective date of the termination, and Consultant shall be entitled to no further
compensation. Consultant may not terminate this Agreement except for cause.
3.16.2 Effect of Termination. If this Agreement is terminated as
provided herein, Commission may require Consultant to provide all finished or unfinished
Documents and Data, as defined below, and other information of any kind prepared by
Consultant in connection with the performance of Services under this Agreement.
Consultant shall be required to provide such document and other information within fifteen
(15) days of the request.
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3.16.3 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.
3.17 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:
______________________ Riverside County
______________________ Transportation Commission
______________________ 4080 Lemon Street, 3rd Floor
_____________________ Riverside, CA 92501
Attn: ________________ Attn: Executive Director
Such notice shall be deemed made when personally delivered or when
mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and
addressed to the party at its applicable address. Actual notice shall be deemed adequate
notice on the date actual notice occurred, regardless of the method of service.
3.18 Ownership of Materials/Confidentiality.
3.18.1 Documents & Data. This Agreement creates an exclusive and
perpetual license for Commission to copy, use, modify, reuse, or sub-license any and all
copyrights and designs embodied in plans, specifications, studies, drawings, estimates,
materials, data and other documents or works of authorship fixed in any tangible medium of
expression, including but not limited to, physical drawings or data magnetically or otherwise
recorded on computer diskettes, which are prepared or caused to be prepared by
Consultant under this Agreement (“Documents & Data”).
Consultant shall require all subcontractors to agree in writing that
Commission is granted an exclusive and perpetual license for any Documents & Data the
subcontractor prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right
to grant the exclusive and perpetual license for all such Documents & Data. Consultant
makes no such representation and warranty in regard to Documents & Data which were
prepared by design professionals other than Consultant or provided to Consultant by the
Commission.
Commission shall not be limited in any way in its use of the Documents
& Data at any time, provided that any such use not within the purposes intended by this
Agreement shall be at Commission’s sole risk.
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3.18.2 Intellectual Property. In addition, Commission shall have and
retain all right, title and interest (including copyright, patent, trade secret and other
proprietary rights) in all plans, specifications, studies, drawings, estimates, materials, data,
computer programs or software and source code, enhancements, documents, and any and
all works of authorship fixed in any tangible medium or expression, including but not limited
to, physical drawings or other data magnetically or otherwise recorded on computer media
(“Intellectual Property”) prepared or developed by or on behalf of Consultant under this
Agreement as well as any other such Intellectual Property prepared or developed by or on
behalf of Consultant under this Agreement.
The Commission shall have and retain all right, title and interest in
Intellectual Property developed or modified under this Agreement whether or not paid for
wholly or in part by Commission, whether or not developed in conjunction with Consultant,
and whether or not developed by Consultant. Consultant will execute separate written
assignments of any and all rights to the above referenced Intellectual Property upon
request of Commission.
Consultant shall also be responsible to obtain in writing separate
written assignments from any subcontractors or agents of Consultant of any and all right to
the above referenced Intellectual Property. Should Consultant, either during or following
termination of this Agreement, desire to use any of the above-referenced Intellectual
Property, it shall first obtain the written approval of the Commission.
All materials and documents which were developed or prepared by the
Consultant for general use prior to the execution of this Agreement and which are not the
copyright of any other party or publicly available and any other computer applications, shall
continue to be the property of the Consultant. However, unless otherwise identified and
stated prior to execution of this Agreement, Consultant represents and warrants that it has
the right to grant the exclusive and perpetual license for all such Intellectual Property as
provided herein.
Commission further is granted by Consultant a non-exclusive and
perpetual license to copy, use, modify or sub-license any and all Intellectual Property
otherwise owned by Consultant which is the basis or foundation for any derivative,
collective, insurrectional, or supplemental work created under this Agreement.
3.18.3 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents and Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant.
Such materials shall not, without the prior written consent of Commission, be used by
Consultant for any purposes other than the performance of the Services. Nor shall such
materials be disclosed to any person or entity not connected with the performance of the
Services or the Project. Nothing furnished to Consultant which is otherwise known to
Consultant or is generally known, or has become known, to the related industry shall be
deemed confidential. Consultant shall not use Commission's name or insignia,
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photographs of the Project, or any publicity pertaining to the Services or the Project in any
magazine, trade paper, newspaper, television or radio production or other similar medium
without the prior written consent of Commission.
3.18.4 Infringement Indemnification. Consultant shall defend, indemnify and
hold the Commission, its directors, officials, officers, employees, volunteers and agents free
and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged
infringement of any patent, copyright, trade secret, trade name, trademark, or any other
proprietary right of any person or entity in consequence of the use on the Project by
Commission of the Documents & Data, including any method, process, product, or concept
specified or depicted.
3.19 Equipment Purchase
Prior authorization, in writing, by Commission’s Contract Administrator shall
be required before Consultant enters into any unbudgeted purchase order, or subcontract
for supplies, equipment, or services. Consultant shall provide an evaluation of the necessity
or desirability of incurring such costs.
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: Consultant shall maintain an inventory of all nonexpendable property.
Nonexpendable property is defined as having a useful life of at least two years and an
acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is
sold or traded in, Commission shall receive a proper refund or credit at the conclusion of
this Agreement, or if this Agreement is terminated, Consultant may either keep the
equipment and credit Commission in an amount equal to its fair market value, or sell such
equipment at the best price obtainable at a public or private sale, in accordance with
established Commission procedures; and credit Commission in an amount equal to the
sales price. If Consultant elects to keep the equipment, fair market value shall be
determined at Consultant’s expense, on the basis of a competent independent appraisal of
such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by
Commission and Consultant. If Consultant determines to sell the equipment, the terms and
conditions of such sale must be approved in advance by Commission. 2 CFR, Part 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.
3.20 Attorney's Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this
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Agreement, the prevailing party in such litigation shall be entitled to have and recover from
the losing party reasonable attorney's fees and costs of such actions.
3.21 Indemnification. To the fullest extent permitted by law, Consultant shall
defend (with counsel of Commission’s choosing), indemnify and hold Commission, its
directors, officials, officers, employees, consultants, volunteers, and agents free and
harmless from any and all claims, demands, causes of action, costs, expenses, liability,
loss, damage or injury, in law or equity, to property or persons, including wrongful death, in
any manner arising out of or incident to alleged negligent acts, omissions, or willful
misconduct of Consultant, its officials, officers, employees, agents, consultants, and
contractors arising out of or in connection with the performance of the Services, the Project
or this Agreement, including without limitation the payment of consequential damages,
expert witness fees, and attorneys fees and other related costs and expenses. Consultant
shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits,
actions or other legal proceedings of every kind that may be brought or instituted against
Commission, its directors, officials, officers, employees, consultants, agents, or volunteers.
Consultant shall pay and satisfy any judgment, award or decree that may be rendered
against Commission or its directors, officials, officers, employees, consultants, agents, or
volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse
Commission and its directors, officials, officers, employees, consultants, agents, and/or
volunteers, for any and all legal expenses and costs, including reasonable attorney’s fees,
incurred by each of them in connection therewith or in enforcing the indemnity herein
provided. Consultant's obligation to indemnify shall not be restricted to insurance
proceeds, if any, received by Commission, its directors, officials officers, employees,
consultants, agents, or volunteers.
If Consultant’s obligation to defend, indemnify, and/or hold harmless arises
out of Consultant’s performance as a “design professional” (as that term is defined under
Civil Code section 2782.8), then, and only to the extent required by Civil Code section
2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be
limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or
willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by
a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to
defend, shall not exceed the Consultant’s proportionate percentage of fault.
Consultant’s obligations as set forth in this Section shall survive expiration or
termination of this Agreement.
3.22 Entire Agreement. This Agreement contains the entire Agreement of
the parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be supplemented, amended, or
modified by a writing signed by both parties.
3.23 Governing Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be in Riverside County.
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3.24 Time of Essence. Time is of the essence for each and every provision
of this Agreement.
3.25 Commission's Right to Employ Other Consultants. The Commission
reserves the right to employ other consultants in connection with this Project.
3.26 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties, and shall not be assigned by Consultant without the
prior written consent of Commission.
3.27 Prohibited Interests and Conflicts.
3.27.1 Solicitation. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working
solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that
it has not paid nor has it agreed to pay any company or person, other than a bona fide
employee working solely for Consultant, any fee, commission, percentage, brokerage fee,
gift or other consideration contingent upon or resulting from the award or making of this
Agreement. For breach or violation of this warranty, Commission shall have the right to
rescind this Agreement without liability.
3.27.2 Conflict of Interest. 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.
3.27.3 Conflict of Employment. Employment by the Consultant of
personnel currently on the payroll of the Commission shall not be permitted in the
performance of this Agreement, even though such employment may occur outside of the
employee’s regular working hours or on weekends, holidays or vacation time. Further, the
employment by the Consultant of personnel who have been on the Commission payroll
within one year prior to the date of execution of this Agreement, where this employment is
caused by and or dependent upon the Consultant securing this or related Agreements with
the Commission, is prohibited.
3.27.4 Employment Adverse to the Commission. Consultant shall
notify the Commission, and shall obtain the Commission’s written consent, prior to
accepting work to assist with or participate in a third-party lawsuit or other legal or
administrative proceeding against the Commission during the term of this Agreement.
3.28 Equal Opportunity Employment. Consultant represents that it is an
equal opportunity employer and it shall not discriminate against any employee or applicant
for employment because of race, religion, color, national origin, ancestry, sex or age. Such
non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff or termination. Consultant shall also comply with all relevant provisions of
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Commission's Disadvantaged Business Enterprise program, Affirmative Action Plan or
other related Commission programs or guidelines currently in effect or hereinafter enacted.
3.29 Subcontracting. Consultant shall not subcontract any portion of the
work or Services required by this Agreement, except as expressly stated herein, without
prior written approval of the Commission. Subcontracts, if any, shall contain a provision
making them subject to all provisions stipulated in this Agreement.
3.30 Prevailing Wages. By its execution of this Agreement, Consultant
certified that it is aware of the requirements of California Labor Code Sections 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 certain “public works” and “maintenance” projects. If
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 $1,000 or
more, Consultant agrees to fully comply with such Prevailing Wage Laws. The Commission
shall provide Consultant with a copy of the prevailing rate of per diem wages in effect at the
commencement of this Agreement. Consultant shall make copies of the prevailing rates of
per diem wages for each craft, classification or type of worker needed to execute the
Services available to interested parties upon request, and shall post copies at the
Consultant's principal place of business and at the project site. Consultant shall defend,
indemnify and hold the Commission, its elected officials, officers, employees and agents
free and harmless from any claims, liabilities, costs, penalties or interest arising out of any
failure or alleged failure to comply with the Prevailing Wage Laws.
3.30.1 DIR Registration. If the Services are being performed as part of
an applicable “public works” or “maintenance” project, then pursuant to Labor Code
Sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with
the Department of Industrial Relations. If applicable, Consultant shall maintain registration
for the duration of the Project and require the same of any subconsultants. This Project
may also be subject to compliance monitoring and enforcement by the Department of
Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable
registration and labor compliance requirements.
3.31 Employment of Apprentices. This Agreement shall not prevent the
employment of properly indentured apprentices in accordance with the California Labor
Code, and no employer or labor union shall refuse to accept otherwise qualified employees
as indentured apprentices on the work performed hereunder solely on the ground of race,
creed, national origin, ancestry, color or sex. Every qualified apprentice shall be paid the
standard wage paid to apprentices under the regulations of the craft or trade in which he or
she is employed and shall be employed only in the craft or trade to which he or she is
registered.
If California Labor Code Section 1777.5 applies to the Services, Consultant
and any subcontractor hereunder who employs workers in any apprenticeable craft or trade
shall apply to the joint apprenticeship council administering applicable standards for a
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certificate approving Consultant or any sub-consultant for the employment and training of
apprentices. Upon issuance of this certificate, Consultant and any sub-consultant shall
employ the number of apprentices provided for therein, as well as contribute to the fund to
administer the apprenticeship program in each craft or trade in the area of the work
hereunder.
The parties expressly understand that the responsibility for compliance with
provisions of this Section and with Sections 1777.5, 1777.6 and 1777.7 of the California
Labor Code in regard to all apprenticeable occupations lies with Consultant.
3.32 No Waiver. Failure of Commission to insist on any one occasion upon
strict compliance with any of the terms, covenants or conditions hereof shall not be deemed
a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any
rights or powers hereunder at any one time or more times be deemed a waiver or
relinquishment of such other right or power at any other time or times.
3.33 Eight-Hour Law. Pursuant to the provisions of the California Labor
Code, eight hours of labor shall constitute a legal day's work, and the time of service of any
worker employed on the work shall be limited and restricted to eight hours during any one
calendar day, and forty hours in any one calendar week, except when payment for overtime
is made at not less than one and one-half the basic rate for all hours worked in excess of
eight hours per day ("Eight-Hour Law"), unless Consultant or the Services are not subject to
the Eight-Hour Law. Consultant shall forfeit to Commission as a penalty, $50.00 for each
worker employed in the execution of this Agreement by him, or by any sub-consultant
under him, for each calendar day during which such workman is required or permitted to
work more than eight hours in any calendar day and forty hours in any one calendar week
without such compensation for overtime violation of the provisions of the California Labor
Code, unless Consultant or the Services are not subject to the Eight-Hour Law.
3.34 Subpoenas or Court Orders. Should Consultant receive a subpoena or
court order related to this Agreement, the Services or the Project, Consultant shall
immediately provide written notice of the subpoena or court order to the Commission.
Consultant shall not respond to any such subpoena or court order until notice to the
Commission is provided as required herein, and shall cooperate with the Commission in
responding to the subpoena or court order.
3.35 Survival. All rights and obligations hereunder that by their nature are to
continue after any expiration or termination of this Agreement, including, but not limited to,
the indemnification and confidentiality obligations, and the obligations related to receipt of
subpoenas or court orders, shall survive any such expiration or termination.
3.36 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.37 Labor Certification. By its signature hereunder, Consultant certifies
that it is aware of the provisions of Section 3700 of the California Labor Code which require
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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.
3.38 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.39 Incorporation of Recitals. The recitals set forth above are true and
correct and are incorporated into this Agreement as though fully set forth herein.
3.40 Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the
remaining provisions shall continue in full force and effect.
3.41 Provisions Applicable When Federal Funds Are Involved. Since
funding for the Services is provided, in whole or in part, from the FTA, Consultant shall fully
and adequately comply with the provisions included in Exhibit “D” (FTA Requirements)
attached hereto and incorporated herein by reference.
3.42 Conflicting Provisions. In the event that provisions of any attached
exhibits conflict in any way with the provisions set forth in this Agreement, the language,
terms and conditions contained in this Agreement shall control the actions and obligations
of the Parties and the interpretation of the Parties’ understanding concerning the
performance of the Services, except for any FTA Requirements, which shall govern, unless
otherwise approved by the Commission.
3.43 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.
3.44 Assignment or Transfer. Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein, without
the prior written consent of the Commission. Any attempt to do so shall be null and void,
and any assignees, hypothecates or transferees shall acquire no right or interest by reason
of such attempted assignment, hypothecation or transfer.
3.45 Authority to Enter Agreement. Consultant 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.
3.46 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.
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3.47 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. This Agreement may be signed
using an electronic signature.
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SIGNATURE PAGE
TO
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AGREEMENT FOR ELEVATOR MAINTENANCE, INSPECTION AND REPAIR
SERVICES WITH [___CONSULTANT___]
IN WITNESS WHEREOF, this Agreement was executed on the date first
written above.
RIVERSIDE COUNTY CONSULTANT
TRANSPORTATION COMMISSION [INSERT NAME OF CONSULTANT]
By: __________________________ By: ____________________________
[INSERT NAME] Signature
[INSERT RCTC SIGNATOR]
___________________________
Name
____________________________
Title
Approved as to Form: Attest:
By: ____________________________ By: ________________________
Best Best & Krieger LLP
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.
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Exhibits
Exhibits A, B and D to be inserted from RFP
Exhibit C to be inserted from successful proposal
144
ELEVATOR MAINTENANCE, INSPECTION
AND REPAIR SERVICE AGREEMENT
Western Riverside County Programs and Projects Committee –April 24, 2023
Gary L. Ratliff, Facilities Administrator 1
STATIONS
2
•Riverside Downtown
•La Sierra
•Corona-North Main
•Corona-West
ELEVATOR MODERNIZATION PROJECT
3
•Ensure Maximum Reliability
•Minimize Elevator
Shutdowns
•Ensure Safety
•Reduce Risk of Injury to
Passengers
•Reduce Liability Exposure
•Increase Patron Satisfaction
ELEVATOR SERVICES
4
•Testing and Inspection
•Maintenance Service
Intervals
•Repairs
•Emergency
PROCUREMENT 5-YEAR AGREEMENT
5
Procurement Selection Based on:
1)Experience
2)Qualifications
3)Understanding and Approach
4)Cost
Firm Price Overall Ranking
Amtech Elevator Services 240,880.00 1
AZTech Elevator Company 352,500.00 2
RECOMMENDATIONS
6
Cost Break Down:
•$240,880 Routine Services
•$159,120 Repair, Emergency Call-outs
•$50,000 Contingency
Evaluation committee recommends awarding the contract to
Amtech Elevator Services in the amount of $400,000 plus a
contingency of $50,000,for a total of $450,000 dollars covering a
five-year period
Requested Actions
7
1)Approve Agreement No.23-24-046-00 with Amtech Elevator
Services to provide elevator maintenance,inspection and repair
services for a three-year term,and one,two-year option to extend
the agreement,in the amount of $400,000,plus a contingency
amount of $50,000,for a total amount not to exceed $450,000;and
2)Authorize the Chair or Executive Director,pursuant to legal counsel
review,to finalize and execute the agreement,on behalf of the
Commission.
QUESTIONS
8
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE
COMMISSIONER SIGN-IN SHEET
APRIL 24, 2023
NAME AGENCY E_MAIL ADDRESS
Wes Speake City of Corona
Clint Lorimore City of Eastvale
Linda Krupa City of Hemet
Brian Berkson City of Jurupa Valley
Bill Zimmerman City of Menifee
Berwin Hanna City of Norco
Michael Vargas City of Perris
Chuck Conder City of Riverside
Joseph Morabito City of Wildomar
Karen Spiegel District II
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS
COMMITTEE
ROLL CALL
APRIL 24, 2023
Present Absent
County of Riverside, District I X
County of Riverside, District II X
City of Banning X
City of Corona X
City of Eastvale X
City of Hemet X
City of Jurupa Valley X
City of Menifee X
City of Norco X
City of Perris X
City of Riverside X
City of Wildomar X
TO: Riverside County Transportation Commission
FROM: Lisa Mobley, Clerk of the Board
DATE: April 19, 2023
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. 7 - Agreement for Completion of Project Approval/Environmental Document for
the State Route 91 Eastbound Corridor Operations Project
Consultant(s): Parsons Transportation Group, Inc.
Chris Johnson, PE, Vice President
3200 E Guasti Road, Suite 200
Ontario, CA 91761