HomeMy Public PortalAbout07 July 12, 2023 CommissionComments are welcomed by the Commission. If you wish to provide comments to the Commission,
please complete and submit a Speaker Card to the Clerk of the Board.
MEETING AGENDA
TIME/DATE: 9:30 a.m. / Wednesday, July 12, 2023
LOCATION: BOARD ROOM
County of Riverside Administrative Center
4080 Lemon Street, First Floor, Riverside
COMMISSIONERS
Chair – Bob Magee
Vice Chair – Lloyd White
Second Vice Chair – Karen Spiegel
Kevin Jeffries, County of Riverside, District 1
Karen Spiegel, County of Riverside, District 2
Chuck Washington, County of Riverside, District 3
V. Manuel Perez, County of Riverside, District 4
Yxstian Gutierrez, County of Riverside, District 5
Sheri Flynn / Rick Minjares, City of Banning
Lloyd White / Julio Martinez, City of Beaumont
Joseph DeConinck / Johnny Rodriguez, City of Blythe
Linda Molina / Wendy Hewitt, City of Calimesa
Jeremy Smith / Jennifer Dain, City of Canyon Lake
Raymond Gregory / Mark Carnevale, City of Cathedral City
Steven Hernandez / Stephanie Virgen, City of Coachella
Wes Speake / Jim Steiner, City of Corona
Scott Matas / Russell Betts, City of Desert Hot Springs
Clint Lorimore / Todd Rigby, City of Eastvale
Linda Krupa / Malcolm Lilienthal, City of Hemet
Dana Reed / Ty Peabody, City of Indian Wells
Waymond Fermon / Oscar Ortiz, City of Indio
Brian Berkson / Armando Carmona, City of Jurupa Valley
Kathleen Fitzpatrick / Deborah McGarrey, City of La Quinta
Bob Magee / Natasha Johnson, City of Lake Elsinore
Bill Zimmerman / Dean Deines, City of Menifee
Ulises Cabrera / Edward Delgado, City of Moreno Valley
Cindy Warren / Ron Holliday, City of Murrieta
Berwin Hanna / Katherine Aleman, City of Norco
Jan Harnik / Kathleen Kelly, City of Palm Desert
Lisa Middleton / To Be Appointed, City of Palm Springs
Michael M. Vargas / Rita Rogers, City of Perris
Meg Marker / Lynn Mallotto, City of Rancho Mirage
Chuck Conder / Patricia Lock Dawson, City of Riverside
Alonso Ledezma / Valerie Vandever, City of San Jacinto
James Stewart / Jessica Alexander, City of Temecula
Joseph Morabito / Ashlee DePhillippo, City of Wildomar
Catalino Pining, Governor’s Appointee Caltrans District 8
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
www.rctc.org
MEETING AGENDA*
*Actions may be taken on any item listed on the agenda
9:30 a.m.
Wednesday, July 12, 2023
Board Room
County of Riverside Administrative Center
4080 Lemon Street, First Floor, Riverside, CA
This meeting is being conducted in person as well as via teleconference. Please visit
https://rivco.org/constituent-speaking-request to complete a speaker slip and receive further
instructions to participate via teleconference. For members of the public wishing to submit written
comments, please email comments to the Clerk of the Board at lmobley@rctc.org prior to
July 11, 2023 and your comments will be made part of the official record of proceedings.
In compliance with the Brown Act and Government Code Section 54957.5, agenda materials distributed 72 hours prior to
the meeting, which are public records relating to open session agenda items, will be available for inspection by members
of the public prior to the meeting at the Commission office, 4080 Lemon Street, Third Floor, Riverside, CA, and on the
Commission’s website, www.rctc.org.
In compliance with the Americans with Disabilities Act, Government Code Section 54954.2, and the Federal Transit
Administration Title VI, please contact the Clerk of the Board at (951) 787-7141 if special assistance is needed to participate
in a Commission meeting, including accessibility and translation services. Assistance is provided free of charge. Notification
of at least 48 hours prior to the meeting time will assist staff in assuring reasonable arrangements can be made to provide
assistance at the meeting.
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENTS – Each individual speaker is limited to speak three (3) continuous minutes or less.
The Commission may, either at the direction of the Chair or by majority vote of the Commission, waive
this three-minute time limitation. Depending on the number of items on the Agenda and the number of
speakers, the Chair may, at his/her discretion, reduce the time of each speaker to two (2) continuous
minutes. In addition, the maximum time for public comment for any individual item or topic is thirty (30)
minutes. Also, the Commission may terminate public comments if such comments become repetitious.
Speakers may not yield their time to others without the consent of the Chair. Any written documents to
be distributed or presented to the Commission shall be submitted to the Clerk of the Board. This policy
applies to Public Comments and comments on Agenda Items.
Under the Brown Act, the Commission should not take action on or discuss matters raised during public
comment portion of the agenda that are not listed on the agenda. Commission members may refer such
matters to staff for factual information or to be placed on the subsequent agenda for consideration.
Riverside County Transportation Commission Meeting Agenda
July 12, 2023
Page 2
5. ADDITIONS / REVISIONS – The Commission may add an item to the Agenda after making a
finding that there is a need to take immediate action on the item and that the item came to the
attention of the Commission subsequent to the posting of the agenda. An action adding an
item to the agenda requires 2/3 vote of the Commission. If there are less than 2/3 of the
Commission members present, adding an item to the agenda requires a unanimous vote. Added
items will be placed for discussion at the end of the agenda.
6. CONSENT CALENDAR – All matters on the Consent Calendar will be approved in a single motion
unless a Commissioner(s) requests separate action on specific item(s). Items pulled from the
Consent Calendar will be placed for discussion at the end of the agenda.
6A. APPROVAL OF MINUTES – JUNE 14, 2023
Page 1
6B. MONTHLY INVESTMENT REPORT
Page 16
Overview
This item is for the Commission to:
1) Receive and file the Monthly Investment Report for the month ended
May 31, 2023.
6C. AGREEMENT FOR FREEWAY SERVICE PATROL TOW TRUCK SERVICE
Page 19
Overview
This item is for the Commission to:
1) Award Agreement No. 23-45-060-00 to Royal Coaches Auto Body and Towing
(Royal Coaches) for Freeway Service Patrol (FSP) tow truck services on Interstate
15, Beat No. 35, for a five-year term, in the amount of $3,150,630, plus a
contingency amount of $157,540 for a total amount not to exceed $3,308,170;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to
execute the agreements on behalf of the Commission; and
3) Authorize the Executive Director, or designee, to approve the use of the
contingency amount as may be required for these services.
Riverside County Transportation Commission Meeting Agenda
July 12, 2023
Page 3
6D. AMENDMENT TO AGREEMENT WITH PARSONS TRANSPORTATION GROUP TO
PROVIDE PLANS, SPECIFICATIONS, AND COST ESTIMATES SERVICES AND
AMENDMENT TO AGREEMENT WITH FALCON ENGINEERING SERVICES TO PROVIDE
CONSTRUCTION MANAGEMENT SERVICES FOR STATE ROUTE 71/STATE ROUTE 91
INTERCHANGE IMPROVEMENT PROJECT
Page 69
Overview
This item is for the Commission to:
1) Approve Agreement No. 11-31-110-17, Amendment No. 17 to Agreement No.
11-31-110-00, with Parsons Transportation Group Inc. (Parsons) for preparation
of plans, specifications, and cost estimates (PS&E) for construction of State
Route 71/State Route 91 Interchange Improvements Project (Project), in the
amount of $991,075, plus a contingency amount of $110,000, for an additional
amount of $1,101,075, and a total amount not to exceed $15,268,100;
2) Approve Agreement No. 21-31-012-01, Amendment No. 1 to Agreement
No. 21-31-012-00, with Falcon Engineering Services Inc. (Falcon) for
construction management (CM) services, materials testing, construction
surveying and public outreach for the Project for an additional amount of
$2,021,453, and a total amount not to exceed $20,221,453;
3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to
execute the agreements on behalf of the Commission; and
4) Authorize the Executive Director or designee to approve the use of the
contingency amount as may be required for the project.
6E. 2023 STATE ROUTE 91 IMPLEMENTATION PLAN
Page 124
Overview
This item is for the Commission to:
1) Approve the 2023 State Route 91 Implementation Plan.
7. FISCAL YEAR 2023/24 TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 (SB 821) CALL FOR
PROJECTS – PROJECT RECOMMENDATIONS
Page 178
Overview
1) Approve the funding recommendations in Attachment 1 for Fiscal Year 2023/24
Transportation Development Act, Article 3, Bicycle and Pedestrian Facilities (SB 821)
program funds;
2) Direct staff to prepare and execute memorandums of understanding (MOUs) with the
local agencies to outline the project schedules and local funding commitments; and
3) Authorize the Executive Director to execute the MOUs with the local agencies, pursuant
to legal counsel review.
Riverside County Transportation Commission Meeting Agenda
July 12, 2023
Page 4
8. AGREEMENT FOR SECURITY GUARD SERVICES AT COMMISSION OWNED COMMUTER RAIL
STATIONS
Page 182
Overview
1) Award Agreement No. 23-24-050-00 to Universal Protection Services, LP (Universal) for
the provision of security services at the Commission owned Commuter Rail stations for
a three-year term, and two one-year options to extend the agreement, in an amount of
$21,450,000, plus a contingency amount of $1,072,500 for a total amount not to exceed
$22,522,500;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute
the agreement, including option years, 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.
9. STATE AND FEDERAL LEGISLATIVE UPDATE
Page 219
Overview
1) Receive and file a state and federal legislative update.
10. PRESENTATION – FREEWAY SERVICE PATROL 30th ANNIVERSARY
Overview
1) This item is to receive a presentation on the 30th Anniversary of the Freeway Service
Patrol.
11. ITEM(S) PULLED FROM CONSENT CALENDAR AGENDA
12. EXECUTIVE DIRECTOR REPORT
13. COMMISSIONER COMMENTS
Overview
This item provides the opportunity for brief announcements or comments on items or matters
of general interest.
14. ADJOURNMENT
The next Commission meeting is scheduled to be held at 9:30 a.m. on Wednesday,
August 9, 2023.
AGENDA ITEM 6A
MINUTES
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
MEETING MINUTES
Wednesday, June 14, 2023
1.CALL TO ORDER
The Riverside County Transportation Commission was called to order by
Chair Bob Magee at 9:30 a.m. in the Board Room at the County of Riverside Administrative
Center, 4080 Lemon Street, First Floor, Riverside, California, 92501. For public comment
visit https://rivco.org/constituent-speaking-request to complete a speaker slip.
2.ROLL CALL
Commissioners/Alternates Present Commissioners Absent
Brian Berkson Meg Marker Steven Hernandez
Russell Betts Linda Molina Lisa Middleton
Ulises Cabrera Joseph Morabito V. Manuel Perez
Chuck Conder Catalino Pining Dana Reed
Joseph DeConinck James Stewart Jeremy Smith
Waymond Fermon Michael M. Vargas Wes Speake
Kathleen Fitzpatrick Cindy Warren Karen Spiegel
Sheri Flynn Chuck Washington
Raymond Gregory Lloyd White
Yxstian Gutierrez Bill Zimmerman
Berwin Hanna
Jan Harnik
Kevin Jeffries*
Linda Krupa
Alonso Ledezma
Clint Lorimore*
Bob Magee
*Arrived after the meeting was called to order.
3.PLEDGE OF ALLEGIANCE
Commissioner Chuck Conder led the Commission in a flag salute.
At this time, Commissioner Clint Lorimore joined the meeting.
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4. PUBLIC COMMENTS
Ivette Macias, Southern California Association of Governments (SCAG) Government
Affairs Officer, stated she is temporarily filling in for her former colleague Arnold San
Miguel. She announced SCAG opened a call for applications for two Regional Early Action
Planning Grant Program (REAP 2.0) the Funding for Lasting Affordability (NOFA) and the
Housing Infill on Public and Private Lands (HIPP). The NOFA has an estimated budget of
$45 million through REAP 2.0 and applications are due by July 31 @ 5:30 p.m. The HIPP
has an estimated budget of $8 million through REAP 2.0 applications are due by July 10
@ 10:00 a.m. SCAG is hosting two Regional Housing Needs Assessment reporting listening
sessions on June 22 and June 27 from 1:00 p.m. – 3:00 p.m. Visit the SCAG website for
additional information.
5. ADDITIONS / REVISIONS
There were no additions or revisions to the agenda.
6. PUBLIC HEARING – PROPOSED FISCAL YEAR 2023/24 BUDGET
Chair Magee announced the public hearing from the May 10 Commission meeting for the
proposed Fiscal Year 2023/24 Budget remains open and called on Sergio Vidal, Chief
Financial Officer, to present the item.
Sergio Vidal presented the proposed FY 2023/24 Budget, highlighting the following areas:
• Budget adjustments
• Budget summary
• Revenues/sources by comparison
• Summary of expenditures, expenses, and uses
• Management services expenditures/uses
At this time, Commissioner Kevin Jeffries joined the meeting.
• Regional Programs expenditures/uses
• Capital Project development and delivery expenditures/uses
• Capital Project highlights
• Toll operations
• Fund balances projected – June 30, 2024
• Debt by type projected – June 30, 2024
• FY 2023/24 Measure A Revenue allocation
• Measure A Administrative costs
• Next steps
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Sergio Vidal thanked Michele Cisneros, Deputy Director of Finance, who was instrumental
in the development of this year’s budget.
Will Kolbow, City of Calimesa City Manager, expressed support for RCTC’s FY 2023/24
Budget as presented and funding for the Regional Arterial Call for Projects which will be
considered later in the agenda; it is essential the funding for those projects be approved
as part of the Commission’s budget. The city of Calimesa (Calimesa) appreciates the
vetting process these projects went through and their endorsement of multiple bodies.
The overall budget represents a strong investment for the entire region, and they are
appreciative of funding for the Pass Area. Calimesa respectively requests that the
Commission adopts the FY 2023/24 Budget as presented.
Chair Magee closed the public hearing. He asked if there were any comments from the
Commissioners.
Commissioner Jeffries moved staff recommendation and Commissioner Chuck
Washington seconded.
M/S/C (Jeffries/Washington) to:
1) Receive input on the proposed Fiscal Year 2023/24 Budget;
2) Approve the salary schedule effective July 13, 2023, located in Appendix
B of the proposed FY 2023/24 Budget;
3) Authorize the expenditure of $523,400 of 91 Express Lanes toll revenues
designated as surplus in accordance with the 2013 Toll Revenue Bonds
Indenture to fund Commission costs related to the development of
agreements specific to the funding, construction, operations,
maintenance, and use of toll revenues for the future direct, tolled
connector linking the SR-241 toll road to the 91 Express Lanes (241/91
Connector);
4) Close the public hearing on the proposed FY 2023/24 Budget on June 14,
2023; and
5) Adopt the proposed FY 2023/24 Budget.
7. CONSENT CALENDAR
Lisa Mobley, Administrative Services Director/Clerk of the Board, stated she had received
communication from Commissioners who may want to recuse from Agenda Item 7I,
“Agreements for On Call Grant Writing Services”.
Commissioner Ysxtian Gutierrez clarified if that is with Townsend, Lisa Mobley replied yes.
Commissioner Gutierrez stated he will recuse himself on Agenda Item 7I.
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Commissioner Cindy Warren stated she will recuse herself on Agenda Item 7I.
Commissioner Ulises Cabrera stated he will recuse himself on Agenda Item 7I.
M/S/C (Gregory/Zimmerman) to approve the following Consent Calendar items.
7A. APPROVAL OF MINUTES – MAY 10, 2023
7B. RECURRING CONTRACTS FOR FISCAL YEAR 2023/24
1) Approve the single-year recurring contracts in an amount not to exceed
$18,880,852 for Fiscal Year 2023/24;
2) Approve the recurring contracts for specialized services in an amount not
to exceed $84,500 in FY 2023/24 and $184,000 in FYs 2024/25 – 2027/28;
and
3) Authorize the Chair or Executive Director, pursuant to legal counsel review,
to execute the agreements on behalf of the Commission.
7C. APPROPRIATIONS LIMIT FISCAL YEAR 2023/24
1) Adopt Resolution No. 23-005 “Resolution of the Riverside County
Transportation Commission Establishing the Annual Appropriations Limit”,
for Fiscal Year 2023/24.
7D. QUARTERLY FINANCIAL STATEMENTS
1) Receive and file the Quarterly Financial Statements for the nine months
ended
March 31, 2023.
7E. QUARTERLY SALES TAX ANALYSIS
1) Receive and file the sales tax analysis for the Quarter 4, 2022 (4Q 2022).
7F. MONTHLY INVESTMENT REPORT
1) Receive and file the Monthly Investment Report for the month ended
April 30, 2023.
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7G. FISCAL YEAR 2023/24 ANNUAL LOCAL TRANSPORTATION FUND PLANNING
ALLOCATIONS TO WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS AND
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
1) Approve an allocation of Local Transportation Fund (LTF) funds for
planning in the amount of $1,278,750 for Western Riverside Council of
Governments (WRCOG) and $697,500 for Coachella Valley Association of
Governments (CVAG) for efforts identified in each agency’s Fiscal Year
2023/24 LTF Program Objectives/Work Plan (Work Plan) that supports
transportation planning programs and functions that are consistent with
regional and subregional plans, programs, and requirements.
7H. FISCAL YEARS 2023/24 – 2027/28 MEASURE A FIVE-YEAR CAPITAL
IMPROVEMENT PLANS FOR THE LOCAL STREETS AND ROADS PROGRAM
1) Approve the Fiscal Years 2023/24 – 2027/28 Measure A Five-Year Capital
Improvement Plans (CIP) for Local Streets and Roads (LSR) as submitted by
the participating agencies.
7I. AGREEMENTS FOR ON-CALL GRANT WRITING SERVICES
1) Award the following agreements to provide on-call grant writing services
for a four-year term, and one, two-year option to extend the agreements,
in an amount not to exceed an aggregate value of $1,416,000;
a) Agreement No. 23-31-055-00 to HNTB;
b) Agreement No. 23-31-072-00 to Mark Thomas & Company, Inc.;
c) Agreement No. 23-31-073-00 to Evan Brooks Associates, Inc.;
d) Agreement No. 23-31-074-00 to WSP USA Inc.;
e) Agreement No. 23-31-075-00 to HDR Engineering, Inc.;
f) Agreement No. 23-31-076-00 to KOA Corporation;
g) Agreement No. 23-31-077-00 to Dewberry Engineers Inc.;
h) Agreement No. 23-31-078-00 to Townsend Public Affairs;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review,
to execute the agreements, including option years, on behalf of the
Commission; and
3) Authorize the Executive Director, or designee, to execute task orders
awarded to the consultants under the terms of the agreements.
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7J. AGREEMENTS FOR ON-CALL CONSTRUCTION MANAGEMENT SERVICES,
MATERIALS TESTING, AND CONSTRUCTION SURVEYING SERVICES FOR THE
CONSTRUCTION OF COMMUTER RAIL STATION CAPITAL IMPROVEMENT
PROJECTS
1) Award the following agreements to provide on-call construction
management services, materials testing, and construction surveying
services (collectively, CM services) for the construction of commuter rail
station capital improvement projects for a three-year term, and one, two-
year option to extend the agreements, in an amount not to exceed an
aggregate value of $8 million;
a) Agreement No. 23-33-047-00 to AECOM Technical Services, Inc.;
b) Agreement No. 23-33-069-00 to Jacobs Project Management Co.;
c) Agreement No. 23-33-070-00 to Kleinfelder Construction Services,
Inc.;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review,
to execute the agreements, including option years, on behalf of the
Commission; and
3) Authorize the Executive Director, or designee, to execute task orders
awarded to the consultants under the terms of the agreements.
7K. QUARTERLY REPORTING OF CONTRACT CHANGE ORDERS FOR CONSTRUCTION
CONTRACTS
1) Receive and file the Quarterly Report of Contract Change Orders for
Construction Contracts for the three months ended March 31, 2023.
7L. QUARTERLY PUBLIC ENGAGEMENT METRICS REPORT, JANUARY – MARCH 2023
1) Receive and file the Quarterly Public Engagement Metrics Report for
January-March 2023.
7M. FISCAL YEAR 2023/24 SHORT RANGE TRANSIT PLAN UPDATES AND TRANSIT
FUNDING ALLOCATIONS
1) Approve the Fiscal Years 2023/24 – FY 2025/26 Draft Short Range Transit
Plans (SRTPs) for the cities of Banning, Beaumont, Corona, and Riverside;
Palo Verde Valley Transit Agency (PVVTA); Riverside Transit Agency (RTA);
SunLine Transit Agency (SunLine); and the Commission’s FY 2023/24 –
2027/28 SRTP for the Rail and Vanpool Programs;
2) Approve FY 2023/24 Transit Operator Funding Allocations of 2009
Measure A, Local Transportation Funds (LTF), State Transit Assistance
(STA), and State of Good Repair (SGR) for Banning, Beaumont, Corona, and
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Riverside; PVVTA; RTA; SunLine; and the Commission’s Rail and Vanpool
Programs aggregating $182,051,156;
3) Adopt Resolution No. 23-006, “Resolution of the Riverside County
Transportation Commission to Allocate Local Transportation Funds and
State Transit Assistance Funds For the Fiscal Year 2023/24”;
4) Approve the Federal Transit Administration (FTA) Sections 5307, 5311,
5337, and 5339 Program of Projects (POP) for Riverside County as detailed
in the respective transit operators’ SRTPs aggregating $101,860,199; and
5) Direct staff to submit the federally funded and regionally significant
projects to the Southern California Association of Governments (SCAG) for
inclusion into the Federal Transportation Improvement Program (FTIP) as
needed for the FTA POP.
7N. FISCAL YEAR 2022/23 LOW CARBON TRANSIT OPERATIONS PROGRAM
RESOLUTION
1) Adopt Resolution No. 23-003 “Authorization for the Execution of the
Certifications and Assurances and Authorized Agent Forms for the Low
Carbon Transit Operations Program for the Riverside County Free Rail Pass
Program in the amount of $1,007,009”.
7O. APPROVAL TO ACQUIRE RIGHT OF WAY FOR THE INTERSTATE 15/STATE ROUTE
91 EXPRESS LANES CONNECTOR PROJECT
1) Authorize the acquisition of one additional parcel consisting of a footing
easement and temporary construction easement (TCE) for the Interstate
15/State Route 91 Express Lanes Connector Project (ELC) in accordance
with the Commission’s Right of Way Policies and Procedures.
Recused on Agenda Item 7I: Cabrera, Gutierrez, and Warren
8. APPROVAL OF METROLINK OPERATING AND CAPITAL SUBSIDIES FOR FISCAL YEAR
2023/24 AND RELATED ACTION ITEMS
Sheldon Peterson, Rail Manager, thanked the Metrolink Board Members who do a
fantastic job at the meetings representing the Commission. He then presented an update
on the annual Metrolink Budget, highlighting the following:
• RCTC and Metrolink
Metrolink is funded by five-county JPA
Celebrated 30-year anniversary
Three RCTC Routes: Riverside Line, Inland Empire – Orange County Line,
and 91/Perris Valley Line
Nine stations in Riverside County
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A map was displayed of the entire Metrolink Regional Rail System
• FY 23 highlights
Maintained service at 90 percent pre-pandemic levels
Free rides for Transit Equity Day and Earth Day
New promotions - $15 summer day pass
Implemented a low-income fare program – ½ off Fares with valid California
EBT Card at ticket machines
• A graphic of the actual vs. forecasted ridership recovery by month
• FY 24 Budget goals
Expanded marketing/$15 Summer Pass, Bike Week, etc.
Student/Youth Free Fare Program
Improve reliability
Continued safety focus – On board trains and at stations, and positive train
control upgrades
Reduce trespasser incidents along the tracks
• Financial impact
Operating subsidy requirement with contingency $29,890,387
o Revenue resource – Local Transportation Fund (LTF) $20,865,967
o FTA Section 5337 - $7,365,769
o LTF Contingency - $1,658,651
Capital Funding Requirement $15,624,704
o FTA 5337 & 5307 Grants (Managed by Metrolink)
Working Capital Request $5,000,000 (New)
Commissioner Cabrera expressed appreciation for the presentation and asked about the
free passes for students and youth if that free fare is only for one trip or if there is a cap
on how many trips that will cover for the individual.
Sheldon Peterson replied it is an unlimited program if they have their student ID so there
is no tracking directly to the individual other than the mobile ticket and there is no limit
and no requirements. They are setting it up compared to other fare programs and just to
be able to have that ticket and to purchase it a zero cost is a good program.
In response to Commissioner Cabrera’s clarification to get the free fare that individual has
to show their student ID, Sheldon Peterson concurred and stated when on the train that
individual shows the conductor a ticket which shows that it is a student ticket, and they
show the conductor their student ID and the conductor will allow them to travel. They
can go on the redline or anything else because they will have a Metrolink ticket instead
of showing their student ID.
Commissioner Chuck Conder asked about ridership recovery and if staff has reached out
to former pass owners and query them as to why they may have not come back.
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Sheldon Peterson replied Metrolink has done a lot of outreach and research on that, but
it seems the issue is working from home and the change in the environment. He explained
that not everyone has to go into work five days a week and if they are only going in two
days a week they can handle driving in two days, which has been a challenge because it
is easier for them to do something other than Metrolink.
Commissioner Brian Berkson noted as a Metrolink Board Member that serves RCTC’s best
interests he wanted to discuss a few things. He explained the struggle they had was with
the projections that were done originally before the Omicron variant but after the
pandemic began, they were at a 20 percent difference between where they were and
where they were expected to be in ridership numbers, which was done all in house by
Metrolink staff. He discussed how about eight months ago Sperry created a new forecast
for Metrolink that starts with this fiscal year’s budget it shows they are inline. The other
issue is prior to the pandemic about 80 percent of the normal ridership, the monthly
passes were all people going to and from work Monday through Friday by taking
Metrolink that changed. They need to find the hot spot of every Metrolink station and
promote those hot spots to try to attract those ridership groups. They need to also pull
in a huge percentage of those types of riders and that is part of the reason these free fare
days were on the weekend to attract a different type of rider. Metrolink studies those
riders they do surveys to find out once they have ridden the train they track to see if they
will ride it again and keep tabs. He noted there is a carve out for potential future service
as there are counties like Los Angeles (LA) that are considering adding additional train
service to their Antelope Valley Line it is not in the Metrolink Budget, but it is an allowable
item so if RCTC wanted to add some mid-day train service from the Riverside Line and the
Commissioners agreed that would be this carve out to allow for that. He expressed
Metrolink is a valuable service for all their residents and fully supports this item.
Commissioner Cindy Warren stated ridership is extremely important for the revenue
service income but as important is security for their riders. She asked if they have law
enforcement on these trains and what are they doing to ensure their riders are safe to
get to and from their destination without any incidents.
Sheldon Peterson replied Metrolink has a contract directly with LA County Sheriffs where
they have a certain number of personnel on board the train or patrolling the right of way,
so they are not guaranteed to be on every train, but they do ride consistently across the
system. In addition, the conductors are on board every train, they have the authority to
issue tickets and kind of keep the peace if something happens. At the Commission-owned
stations RCTC does a great job having 24-hour security and security cameras to try to
address, maintain, and deal with any issues at the stations.
Anne Mayer stated related to safety and security in addition to the Metrolink budget that
was approved there is $20 million in RCTC’s budget for security at the nine Commission-
owned Metrolink stations. RCTC is the only county that owns and operates the rail
stations, so RCTC is going to undertake a security analysis to make sure they are doing
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everything possible at the stations. The subject of security on the trains is going to be a
more frequent conversation as Mr. Peterson mentioned they do pay for the LA Sheriffs to
be on the system and San Bernardino County Transportation Authority are looking at
paying to have San Bernardino County Sheriffs on the trains in San Bernardino County.
This is going to be a more frequent conversation over the next year about how they make
sure the trains are safe while people are on the trains, at the stations, leaving their car,
or making sure they feel safe leaving early in the morning and at night, which is an
important conversation, and one staff will continue to follow up on.
M/S/C (Warren/Harnik) to:
1) Receive and file a report on highlights from the Southern California
Regional Rail Authority’s (SCRRA) services;
2) Approve the Fiscal Year 2023/24 SCRRA operating and capital budget,
which results in an operating subsidy of $28,231,736, with an operating
contingency of $1,658,651, for a not-to-exceed total of $29,890,387, and
a capital subsidy of $15,624,704;
3) Authorize the Executive Director to finalize and execute Memorandum
of Understanding (MOU) No. 23-25-079-00 with SCRRA regarding annual
funding, including subrecipient matters related to pass-through of
federal funding;
4) Authorize the Executive Director, pursuant to legal counsel review, to
enter into a working capital loan agreement with SCRRA for up to
$5,000,000, contingent on the development and subsequent approval of
an associated policy by the SCRRA Board of Directors and concurrence
from all five member agencies;
5) Approve Amendment No. 1 to MOU No. 22-25-090-01 with SCRRA for the
Commission’s FY 2022/23 funding obligation for an additional $448,509
from Local Transportation Funds (LTF) for additional expenses accrued
from FY 2021/22; and
6) Approve changes to the Commission’s amended FY 2022/23 Short Range
Transit Plan (SRTP) to reflect the $448,509 increase.
9. STATE AND FEDERAL LEGISLATIVE UPDATE
Tyler Madary, Legislative Affairs Manager, provided an update on Assembly Bill 1385 by
Assemblymember Eduardo Garcia.
M/S/C to:
1) Receive and file a state and federal legislative update.
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Riverside County Transportation Commission Meeting Minutes
June 14, 2023
Page 11
10. INFRASTRUCTURE INVESTMENT AND JOBS ACT UPDATE
David Knudsen, External Affairs Director, presented an update for the Infrastructure
Investment and Jobs Act (IIJA), highlighting the following:
• IIJA
$1.2 trillion in total funding
5-year reauthorization of surface transportation law (FAST Act)
Provides funding for:
o Surface transportation programs
o New funding for EV infrastructure, rail-highway grade crossings,
safety projects, climate resiliency, and rail and transit capital
projects
o Water, power, and broadband infrastructure
o Large new discretionary funding opportunities
• Major infrastructure components of IIJA with over $567 billion going to
Discretionary and Formula Programs under U.S. DOT’s discretion for Federal Fiscal
Years 2022-2026
• IIJA formula funds vs. discretionary funds
Formula funds
o Majority of highway and transit funds are distributed through
statutory formulas
o Formulas set the amount states (Caltrans) receive each year
o State formula funds can be spent in Riverside County
Discretionary funds
o Eligible applicants apply to U.S. DOT for funding
o Extremely competitive, oversubscribed with no guarantee of award
• IIJA Formula Funding – California
California expects to receive nearly $42 billion in federal formula funds for
transportation programs for federal highways, climate resiliency
programs, emissions reduction, EV charging, airports, transit, bridge, and
highway safety
• IIJA Formula Funding – RCTC
Federal formula funds go to RCTC
California allocates 40 percent of its federal formula funds to regions
Over the first year of the IIJA, formula funds to RCTC have increased 8
percent
Of the $8.4 billion RCTC may see $77.5 million per year over five years
Access to these funds is uncertain
• Discretionary funds summary
$7.5 billion – RAISE Grants – critical freight and passenger rail projects
$5 billion – Mega Grants – large multi-modal projects of regional and
national significance
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Riverside County Transportation Commission Meeting Minutes
June 14, 2023
Page 12
$3.2 billion – INFRA Grants – safety, congestion reduction and freight
movement improvements
$5 billion – CRISI Grants – safety, reliability improvements for passenger
and freight rail
$36 billion – Federal-State Partnership for Intercity Passenger Rail Grants
and expand or establish new intercity rail service
• RCTC discretionary funds summary
RCTC aggressively seeks state and federal discretionary funds
Project selection and applications are decided strategically
Must meet all federal requirements
Reimbursement Award Plan
Shovel-ready Projects
M/S/C to:
1) Receive and file an update on the federal 2021 Infrastructure Investment
and Jobs Act.
11. 2023 WESTERN RIVERSIDE COUNTY REGIONAL ARTERIALS CALL FOR PROJECTS
FUNDING RECOMMENDATIONS
Jillian Guizado, Planning and Programming Director, presented the details for the
Western Riverside County Measure A Regional Arterial (MARA) funding and the
Transportation Uniform Mitigation Fee (TUMF) funding recommendations for 14 MARA
and 6 TUMF projects. She displayed Attachment 1, which is in the agenda packet that
details the projects being recommended for funding. She thanked the staff of the 15
agencies that submitted thoughtful applications for the time and effort they put in and a
special thanks to the agencies in the audience today to support this item.
Savat Khamphou, City of Corona Public Works Director, stated on behalf of the city of
Corona thanked RCTC, Caltrans, and the Commissioners for their consideration of the
partial funding award for their Ontario Avenue Widening and Interstate 15 project. He
expressed with the Commissioners approval these funds will accelerate the long-needed
project into the construction phase. The project will relieve congestion by improving
access for pedestrians and bicycles, significantly reduce traffic delays, it will benefit city,
county, and regional commuters, residents needing to access local businesses, and the I-
15 or the express lanes. The city of Corona will continue to partner with Caltrans and the
County to ensure the project aligns with their adjacent facilities or projects.
Commissioner Joseph Morabito expressed appreciation the city of Wildomar (Wildomar)
has two projects Clinton Keith Road Widening and Bundy Canyon Road Improvement
Segment 2 projects being funded and was assured by their city manager they will not be
doing both projects at the same time. He stated in the last couple of years Wildomar has
12
Riverside County Transportation Commission Meeting Minutes
June 14, 2023
Page 13
had many of their main roads worked on at the same time so hopefully they will get those
projects done separately. He then moved staff recommendation.
Commissioner Linda Molina expressed appreciation on behalf of Calimesa to have funding
approved and she thanked her colleagues, her mayor and city manager who are in the
audience and are excited Calimesa’s project is on the list, that they participated, and did
well in scoring.
M/S/C (Morabito/Warren) to:
1) Approve the funding recommendations in Attachment 1 for 2009
Western Riverside County Measure A Regional Arterial (MARA) and
Transportation Uniform Mitigation Fee (TUMF) Regional Arterial funds;
2) Direct staff to prepare and execute funding agreements with the project
sponsors to outline the project schedule and local funding commitments;
and
3) Authorize the Executive Director to execute the funding agreements with
the project sponsors, pursuant to legal counsel review.
12. ITEM(S) PULLED FROM CONSENT CALENDAR FOR DISCUSSION
There were no items pulled from the Consent Calendar.
13. EXECUTIVE DIRECTOR’S REPORT
Anne Mayer:
• Provided an update on the progress since the February 2-3 Commission Workshop
where the Commission talked about the future of transportation and the
identification needs for funding. Staff is in process of updating RCTC’s Traffic
Relief Plan and will likely be back to the Commission for discussions later this fall.
Staff is also actively in process to look at the State Route 79 Realignment project
to identify ways of reducing the cost of the project, reducing the right of way
impact, and looking at ways of coming up with a feasible segmentation process.
Today in the budget the Commissioners approved some additional funding to
RCTC to complete that feasibility study and it will be coming back to the
Commission this fall. She noted that AB 1385 which is the statutory authority that
would give this Commission flexibility to make funding decisions and
recommendations to the voters in the future. Staff is making progress on all three
of the fronts related to the direction the Commissioners gave at its February
Commission Workshop.
• She presented the competitive grants RCTC received in 2023 and shared some key
awards that were recently received, which are:
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Riverside County Transportation Commission Meeting Minutes
June 14, 2023
Page 14
$15.5 million for the Transit and Intercity Rail Capital Program funding for
double tracking the Perris Valley Line from Moreno Valley to Perris
$44.5 million for the SB 1 Solutions for Congested Corridors for the Mid
County Parkway Package 3 project on Ramona Expressway between Lake
Perris and Warren Road
$3 million for the REAP 2.0 to do a study to look at increasing RCTC’s Core
Capacity related to Transit along I-15, I-215, and the San Jacinto Branch
Line.
• She presented a summary of successful 2023 grants that have been submitted by
member agencies of RCTC, which are:
$15 million to the city of Riverside with Federal Railroad Administration
(FRA) funding for the Third Street Grade Separation
$2.8 million to the city of Banning with FRA funding for the Hargrave Street
Grade Separation
$33.5 million to the city of Beaumont with SB 1 Trade Corridor
Enhancement Program for the SR-60 Potrero Boulevard Interchange
• Funding pursuit led by RCTC are as follows:
$2,005,000 to the city of Coachella with REAP 2.0 funding for the Coachella
Rail Station Feasibility Study and Integrated Land Use and Transit Network
$2,378,635 to the Riverside Transit Agency (RTA) with REAP 2.0 funding for
the RTA GoMicro Microtransit Pilot Program Extension
$2,005,000 to the Coachella Valley Association of Governments (CVAG)
with REAP 2.0 funding for the Vehicle Miles Traveled Study
$1.7 million to CVAG with REAP 2.0 funding for the CV Link Community
Connectors Analysis
14. COMMISSIONER COMMENTS
14A. Commissioner Alonso Ledezma stated when the Commission was talking about
Metrolink he wanted to ask a question and clicked on the Request to Speak button
but it never came on so he will leave that for the next meeting. About eight years
ago he is uncertain what happened during that transaction as the whole thing died
about putting the Metrolink into Hemet and San Jacinto and he requested to
receive more information and maybe reactivate that at a future meeting. He
announced the city of San Jacinto is having an Independence Day Fourth of July
Parade being held in their downtown at Main Street at 9:00 a.m. and everyone is
invited.
14B. Commissioner Berkson noted he sits on the Mobile Source Air Pollution Reduction
Review Committee (MSRC) on behalf of RCTC and was able to speak at and attend
a ribbon cutting last week. In 2021 the MSRC provided a $5 million grant funding
to a company called Snyder as they do semitrucks intermodal from the railroad
yard in the Port of Long Beach out to the Inland Empire to drop off loads of
containers all day/every day. This ribbon cutting was for the largest deployment
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Riverside County Transportation Commission Meeting Minutes
June 14, 2023
Page 15
of all electric fleet of trucks and noted Commissioner Krupa also sits on the MSRC
and is aware of this. There were 50 trucks deployed and are now in service all
electric and the goal here is they have these 50 trucks, and they have 42 additional
trucks they received funding for through some other sources. These trucks can do
225 miles at the worst, up to 270 miles on a charge, and there are 16 new charging
stations. It is a huge reduction in pollutants and emission, this is the wave of the
future, this is the largest deployment, and he provided the rest of the speakers
that attended the ribbon cutting.
Chair Magee announced with regard to the Closed Session Agenda Item 15, since Agenda
Item 7O, “Approval to Acquire Right of Way For the Interstate 15/ State Route 91 Express
Lanes Connector Project” was approved the Commissioners do not need to go into closed
session at this time and he adjourned the meeting.
15. CLOSED SESSION
15A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Agency Negotiator: Executive Director or Designee
Item Property Description Buyer(s) Property Owner
1 115-353-014 RCTC Adrian Choy, et al.
14. ADJOURNMENT
There being no further business for consideration by the Riverside County Transportation
Commission, Chair Magee adjourned the meeting at 10:50 a.m. The next Commission
meeting is scheduled to be held at 9:30 a.m. on Wednesday, July 12, 2023.
Respectfully submitted,
Lisa Mobley
Administrative Services Director /
Clerk of the Board
15
AGENDA ITEM 6B
Agenda Item 6B
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: July 12, 2023
TO: Riverside County Transportation Commission
FROM: Megan Kavand, Senior Financial Analyst
Sergio Vidal, Chief Financial Officer
THROUGH: Anne Mayer, Executive Director
SUBJECT: Monthly Investment Report
STAFF RECOMMENDATION:
This item is for the Commission to:
1) Receive and file the Monthly Investment Report for the month ended May 31, 2023.
BACKGROUND INFORMATION:
The Commission’s investment reports have generally reflected investments primarily
concentrated in the Riverside County Pooled Investment Fund as well as investments in mutual
funds for sales tax revenue bonds debt service payments.
As a result of significant project financings such as the State Route 91 Corridor Improvement
Project (91 Project or 91 CIP) and the Interstate 15 Express Lanes Project (I-15 ELP), the
Commission engaged MetLife Investment Management, LLC, formerly Logan Circle Partners, L.P.
(MetLife), as the investment manager for the bond proceeds and other required funds.
Additionally, the Commission engaged Payden & Rygel Investment Management (Payden &
Rygel) to make specific investments for Commission operating funds. The Commission approved
initial agreements with the investment managers in May 2013 following a competitive
procurement and has extended the agreements through the annual recurring contracts process.
MetLife invested the debt proceeds and subsequent other required contributions for the 91
Project and I-15 ELP in separate accounts of the Short-Term Actively Managed Program (STAMP).
The Commission completed the 91 Project financing in 2013, the I-15 ELP and 91 Project
completion financing (2017 Financing) in July 2017 and the 2021 91 Project refinancing
(2021 Financing) in October 2021. Consistent with financing expectations, the Commission
expended all 91 Project debt proceeds and equity contributions, except for the toll revenue
bonds debt service reserve, and subsequent to commencement of operations, established other
required accounts. The Commission continues to expend the 2017 Financing bond proceeds on
the I-15 ELP and funded required reserve accounts.
16
Agenda Item 6B
The monthly investment report for May 2023, as required by state law and Commission policy,
reflects the investment activities resulting from the 91 Project, 2017 Financing, 2021 Financing
and available operating cash. As of May 31, 2023, the Commission’s cash and investments were
comprised of the following:
CASH AND INVESTMENTS PORTFOLIO AMOUNTS 1
Operating $ 838,952,489
Trust 279,308,189
Commission-managed 204,178,186
STAMP for 91 CIP 57,779,948
STAMP for 2017 Financing 31,119,392
Total $ 1,411,338,204
Note: 1 Unreconciled and unaudited
As of May 31, 2023, the Commission’s cash and investments are in compliance with both the
Commission’s investment policy adopted on December 14, 2022, and permitted investments
described in the indenture for the Commission’s sales tax revenue bonds and the master
indentures for the Commission’s toll revenue bonds. Additionally, the Commission has adequate
cash flows for the next six months.
FISCAL IMPACT:
This is an information item. There is no fiscal impact.
Attachment: Investment Portfolio Report
17
Riverside County Transportation Commission
Investment Portfolio Report
Period Ended: May 31, 2023
STATEMENT
BALANCE 1 FINANCIAL
INSTUTION STATEMENTS
RATING
MOODYS /
S&P
COUPON
RATE
PAR
VALUE
PURCHASE
DATE
MATURITY
DATE
YIELD TO
MATURITY
PURCHASE
COST
MARKET
VALUE
UNREALIZED
GAIN (LOSS)
OPERATING FUNDS
City National Bank Deposits 9,481,182 City National Bank Available upon request A3/BBB+N/A N/A
County Treasurer's Pooled Investment Fund 829,471,307 County Treasurer Available upon request
Subtotal Operating Funds 838,952,489
FUNDS HELD IN TRUST
County Treasurer's Pooled Investment Fund:
Local Transportation Fund 279,308,189 County Treasurer Available upon request
Subtotal Funds Held in Trust 279,308,189
COMMISSION MANAGED PORTFOLIO
US Bank Payden & Rygel Operating 54,603,326 US Bank Available upon request
First American Government Obligation Fund 149,574,860 US Bank Available upon request N/A N/A N/A
Subtotal Commission Managed Portfolio 204,178,186
STAMP PORTFOLIO for 91 CIP
2013 Series A & Series B Reserve Fund 12,605,620 US Bank Available upon request
2021 Series B Reserve Fund 37,582,190 US Bank Available upon request
2021 Series C Reserve Fund 7,592,138 US Bank Available upon request
Subtotal STAMP Portfolio - 91 CIP 57,779,948
STAMP PORTFOLIO for 2017 Financing
Sales Tax I15 ELP Project Revenue Fund 15,634,804 US Bank Available upon request
Ramp Up Fund 15,484,588 US Bank Available upon request
Subtotal STAMP Portfolio - 2017 Financing 31,119,392
TOTAL All Cash and Investments 1,411,338,204$
Notes:
1 Unreconciled and unaudited
Available upon request
Available upon request
Available upon request
Available upon request
Available upon request
Available upon request
Available upon request
Available upon request
$-
$100,000,000
$200,000,000
$300,000,000
$400,000,000
$500,000,000
$600,000,000
$700,000,000
$800,000,000
$900,000,000
STAMP Portfolio for 91 CIP Reserve - 0.89%
STAMP Portfolio for 91 CIP Residual Fund - 2.66%
STAMP Portfolio for 91 CIP TIFIA Reserve Fund - 0.54%
STAMP Portfolio for 2017 Financing I15 ELP Project Revenue Fund
- 1.11%
STAMP Portfolio for 2017 Financing Ramp Up Fund - 1.1%
Commission Managed Portfolio - 14.47%
Trust Funds - 19.79%
Operating Funds - 59.44%
Nature of Investments Mutual Funds,
10.60%
County
Pool/Cash,
79.23%
Fixed Income ,
10.17%
18
AGENDA ITEM 6C
Agenda Item 6C
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: July 12, 2023
TO: Riverside County Transportation Commission
FROM:
Western Riverside County Programs and Projects Committee
Hanan Sawalha, Management Analyst
Brian Cunanan, Commuter & Motorist Assistance Manager
THROUGH: Anne Mayer, Executive Director
SUBJECT: Agreement for Freeway Service Patrol Tow Truck Service
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF
RECOMMENDATION:
This item is for the Commission to:
1) Award Agreement No. 23-45-060-00 to Royal Coaches Auto Body and Towing
(Royal Coaches) for Freeway Service Patrol (FSP) tow truck services on Interstate 15, Beat
No. 35, for a five-year term, in the amount of $3,150,630, plus a contingency amount of
$157,540 for a total amount not to exceed $3,308,170;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute
the agreements on behalf of the Commission; and
3) Authorize the Executive Director, or designee, to approve the use of the contingency
amount as may be required for these services.
BACKGROUND INFORMATION:
In 1986, the Commission established itself as the Riverside County Service Authority for Freeway
Emergencies (RC SAFE) after the enactment of SB 1199 in 1985. The purpose of the formation of
SAFEs in California was to provide call box services and, with excess funds, provide additional
motorist aid services. Funding for RC SAFE is derived from a one dollar per vehicle registration
fee on vehicles registered in Riverside County. Initially, these funds were used only for the call
box program. As additional motorist aid services were developed, RC SAFE funds were also used
to provide FSP and traveler information services as part of a comprehensive motorist aid system
in Riverside County.
In 1990, Proposition C was passed to fund transportation improvements and to help reduce
traffic congestion in California. From this, the FSP program was created by the California
Department of Transportation (Caltrans), which developed the corresponding Local Funding
Allocation Plan to distribute funds to participating jurisdictions. In addition to funding received
from Caltrans, agencies are required to contribute a 25 percent local match. For the Commission,
RC SAFE revenues are used to meet this match requirement.
19
Agenda Item 6C
The Commission, acting in its capacity as the RC SAFE, is the principal agency in Riverside County,
in partnership with Caltrans and the California Highway Patrol (CHP), managing the FSP program.
The purpose of the FSP program is to provide a continuously roving tow services patrol along
designated freeway segments (referred to as beats) to relieve freeway congestion and facilitate
the rapid removal of disabled vehicles and those involved in minor accidents on local freeways.
Contracts to provide FSP tow service are competitively bid as needed for each service area.
Currently, the Commission contracts with two tow truck operators to provide service on a total
of twelve beats Monday through Friday during the peak commute hours, 5:30 a.m. to
8:30 a.m. and 2:30 p.m. (12:30 p.m. on Fridays) to 6:30 p.m. In addition, select beats also have
mid-day and weekend service. The Commission contracts with one tow truck operator for
Express Lane FSP services on the State Route 91 and I-15 facilities; a seven-day a week operation.
In Fiscal Year 2021/22, FSP performed a total of 62,796 assists, including 54,217 regular general
purpose lane assists, 6,948 construction assists, and 1,631 express lane assists.
DISCUSSION:
Staff sought a competitive solution to award a tow contract to qualified firms to cover an FSP
service area on I-15.
Contract FSP
Service Area Description of Service Area Number of Tow
Trucks
Beat 35 I-15 from SR-74 to Temecula Parkway/79S 2 primary
(+1 backup truck)
20
Agenda Item 6C
Procurement Process
Outreach was conducted prior to the release of the Request for Proposals (RFP). Flyers
advertising the RFP were distributed to over 150 tow operators by mail and email. RFP No. 23-
45-060-00 was released on April 3, 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 48 firms, 21 of which are located in Riverside County. Through the PlanetBids site, 12
firms downloaded the RFP; two of these firms have facilities in Riverside County. A pre-proposal
conference was held on April 17, 2023. Staff responded to all questions submitted by potential
proposers prior to the April 27, 2023, clarification deadline date. Two firms – Royal Coaches
(Riverside) and Pepe’s (Moreno Valley) – submitted responsive proposals for the Beat 35 contract
service area prior to the 2:00 p.m. submittal deadline on May 15, 2023. Utilizing the evaluation
criteria set forth in the RFP, the proposals were evaluated and scored by an evaluation committee
comprised of the CHP Border Division, San Bernardino County Transportation Authority, and
Commission staff.
The evaluation criteria included qualifications of the firm, staffing/project organization, work
plan, and price. Non-price factors accounted for 70 percent of the total score and price (e.g. tow
rates proposed) accounted for the remaining 30 percent of the score.
A dynamic tow rate approach that adjusts with average diesel fuel prices reported by the United
States Energy Information Administration (EIA) was applied for price. This dynamic tow rate
helps alleviate risks on the operator when fuel rates increase and also adjusts downwards to
more favorable rates for the Commission when fuel prices are lower. As such, the RFP included
a price proposal template asking bidders to submit rates that correspond to ranges of average
diesel fuel prices, as shown below:
Price Proposal Table:
Rate Level #
Average Diesel Fuel
Cost Per Gallon (per
EIA)
1 $0.01 - $2.99
2 $3.00 - $3.99
3 $4.00 - $4.99
4 $5.00 - $5.99
5 $6.00 - $6.99
6 $7.00 - $7.99
7 $8.00 - $8.99
8 $9.00 - $9.99
9 $10.00+
21
Agenda Item 6C
The average of the proposed hourly rates, across the nine rate levels, was used to determine the
bidders’ cost score.
Bidders submitted bids for the Beat No. 35 service area. Bids were evaluated independently by
the evaluation committee. Based on the evaluation committee’s assessment of the written
proposals and pursuant to the terms of the RFP, the evaluation committee shortlisted and invited
two firms, Royal Coaches and Pepe’s, to the interview phase of the evaluation and selection
process for the Beat 35 service area contract. Virtual interviews were conducted on June 1, 2023.
Accordingly, the evaluation committee provided final scoring based on a comprehensive
evaluation of each written proposal and interview. Based on the evaluation committee’s
assessment, the evaluation committee recommends contract award to Royal Coaches for the
Beat 35 service area, as this firm submitted a responsive and responsible proposal and earned
the highest total evaluation score. The contract award details are as follows:
• Royal Coaches: I-15, Beat No. 35 service area for a five-year term, in the amount of
$3,150,630, plus a contingency amount of $157,540, for a total amount not to exceed
$3,308,170
The proposed five-year contract rates and evaluation rankings for all firms are presented in the
following tables:
Interstate 15 – Beat 35
Firm Average Tow Rates:
Years 1-2/ Year 3-4/ Year 5
Evaluation Ranking
Royal Coaches Auto Body and
Towing $146.00/ $153.00/ $159.00 1
Pepe’s Towing $212.92/ $229.95/ $248.35 2
The rates above reflect the average rate across the nine rate levels quoted. The actual hourly
tow rate level applied (1 through 9) will be adjusted for each quarter based on the previous
quarter’s average cost of diesel fuel as reported by the EIA, California No 2 Diesel Retail Prices
(dollars per gallon).
FISCAL IMPACT:
Sufficient funding, consisting of Caltrans and SAFE funds, for towing services will be included in
future fiscal years’ budgets for the newly awarded contract with Royal Coaches which starts in
FY 2023/24.
22
Agenda Item 6C
Financial Information
In Fiscal Year Budget: Yes Year: FY 2023/24
FY 2024/25+ Amount: $471,775
$2,836,395
Source of Funds: State of California, SAFE funds Budget Adjustment: No
GL/Project Accounting No.: 002173 81014 00000 0121 201 45 81002
Fiscal Procedures Approved:
Date: 06/15/2023
Attachments:
1) Draft FSP Agreement No. 23-45-060-00 with Royal Coaches
2) Map of FSP Service Areas
Approved by the Western Riverside County Programs and Projects Committee on
June 26, 2023
In Favor: 8 Abstain: 0 No: 0
23
MODEL CONTRACT
Agreement No. 23-45-060-00
RIVERSIDE COUNTY TRANSPORTATION COMMISSION, ACTING AS THE RIVERSIDE
COUNTY SERVICE AUTHORITY FOR FREEWAY EMERGENCIES,
FOR
FREEWAY SERVICE PATROL FOR BEAT # 35 WITHIN RIVERSIDE COUNTY
WITH ROYAL COACHES AUTO BODY & TOWING
1. PARTIES AND DATE.
1.1 This Agreement is made and entered into as of _____day of _________,
2023, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION
(“COMMISSION”) acting as the RIVERSIDE COUNTY SERVICE AUTHORITY FOR
FREEWAY EMERGENCIES (“SAFE”) and ROYAL COACHES AUTO BODY & TOWING, a
CORPORATION (referred to herein as “CONTRACTOR”). SAFE and CONTRACTOR are
sometimes individually referred to herein as “Party” and collectively as “Parties”.
1.2 The California Highway Patrol herein referred to as “CHP” and California
Department of Transportation, herein referred to as “Caltrans” are hereby expressly designated
as third-party beneficiaries of CONTRACTOR’s performance under this Agreement.
2. RECITALS.
2.1 WHEREAS, COMMISSION is a California County Transportation
Commission existing under the authority of Section 130050 et seq. of the
California Public Utilities Code;
2.2 WHEREAS, COMMISSION is authorized, pursuant to Section 2550 et seq.
of the California Streets and Highways Code, to act as SAFE for purposes
of providing a motorist aid system, including provision of freeway service
patrols;
2.3 WHEREAS, SAFE requires the services of a CONTRACTOR to provide
the freeway service patrol professional services as described in the Scope
of Services;
2.4 WHEREAS, SAFE has determined that CONTRACTOR is best qualified to
perform the required services;
2.5 WHEREAS, the CONTRACTOR is able and willing to perform the required
services under the terms and conditions of this Contract;
2.6 WHEREAS, COMMISSION is the short range transportation planning
agency for Riverside County, and programs federal, state, and local funds.
24
COMMISSION has entered into a Memorandum of Understanding with
Caltrans and CHP to fund peak period freeway service patrols on selected
freeway segments in Riverside County; and
2.7 WHEREAS, Section 21718 (a) of the California Vehicle Code specifically
authorized CHP to be responsible for freeway service patrols stopping on
freeways for the purpose of rapid removal of impediments to traffic. Article
3, Section 91, of the Streets and Highways Code, states that Caltrans has
responsibility to improve and maintain the state highways. Caltrans also
has the responsibility for traffic management and removing impediments
from the highways.
NOW, THEREFORE, for the consideration hereinafter stated, SAFE and CONTRACTOR agree
as follows:
3. TERMS.
3.1 General Scope of Services. The purpose of the Freeway Service Patrol
(“FSP”) program is to provide for the rapid removal of disabled vehicles and vehicles involved
in minor accidents from the freeway. Contractor promises and agrees to furnish to SAFE all
labor materials, tools, equipment, services, and incidental and customary work necessary to
fully and adequately provide the FSP services ("Services"). The Services are more particularly
described in Exhibit "A" attached hereto and incorporated herein by reference. All Services
shall be subject to, and performed in accordance with, this Agreement, the exhibits attached
hereto and incorporated herein by reference, and all applicable local, state, and federal laws,
rules and regulations, and the SOP manual (as defined below).
3.1.1. Contract Oversight. Caltrans and CHP will jointly oversee the
Services. Both agencies will have responsibility for overseeing Service performance and
ensuring that the CONTRACTOR abides by the terms of this Contract. CHP is responsible for
dispatch services to incident locations within the CONTRACTOR’s patrol limits. The
dispatching will be done in accordance with this Contract. A Standard Operating Procedures
(“SOP”) manual will be given to the CONTRACTOR explaining the types of incidents to which
his/her operators may be dispatched.
3.1.2 Beat Descriptions. The FSP will operate on selected freeway
segments referred to herein as “beats”. Each beat has specific turnaround locations and
designated drop locations identified by the CHP. Exhibit “A” shows the specific limits, number
of tow trucks, number of back-up trucks and hours of operation, and holidays for the
CONTRACTOR’s specific beat. SAFE reserves the right to add or delete holidays to the work
schedule, provided that SAFE provides CONTRACTOR seven (7) days advanced notice of
such addition or deletion. Travel time to and from the beat will be at the expense of the
CONTRACTOR.
3.1.3 Change Orders. At any time during the term of this Contract, SAFE
reserves the right to adjust beat specifications to better accommodate demand for the Services,
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or availability of funding, at no cost to SAFE. Adjustments may include reduction in the hours
of Services. SAFE may direct such adjustments during the course of this Contract through
written change orders, signed by SAFE, setting forth any changes to Exhibit “A”. Changes may
include a change of the specified beat(s) to other beats that SAFE determines better serve the
needs of SAFE, as well as changes to schedules and hours for the beats set forth in Exhibit
“A”. If warranted, as determined in SAFE’s sole discretion, and during the hours of operation
of the Services, the CONTRACTOR may be requested to temporarily reassign his/her FSP
operators/trucks to locations outside the assigned beat. Such reassignments shall be at no
cost to SAFE.
3.1.4. The SOP Manual. To promote a safe work environment and for the
maintenance of professionalism, the most current version of the SOP manual shall, at all times,
be followed by the CONTRACTOR and its vehicle operators. The SOP manual, as such manual
may from time to time be amended, is incorporated into this Contract by reference.
CONTRACTOR shall be notified and provided with a copy of any changes to the SOP manual.
Drivers found not to be in compliance with FSP procedures, as set forth in the SOP manual or
this Contract, may be suspended or terminated from the FSP program and the CONTRACTOR
may be fined three (3) times the hourly Contract rate in one (1) minute increments until a
replacement vehicle is provided (Driver and Truck must return to beat compliant with all FSP
requirements), or fined for the entire shift at three (3) times the hourly rate at the discretion of
the FSP Field Supervisors.
3.2 Equipment Requirements. CONTRACTOR shall comply with all equipment
requirements outlined in the attached Exhibit “A”.
3.3 Commencement of Services. The CONTRACTOR shall commence work
upon receipt of a written Notice to Proceed from SAFE.
3.4 Term. The term of this Contract shall be for a period of five (5) years, from
September 1, 2023 to January 31, 2029 unless earlier terminated as provided herein. SAFE
shall also have the right to renew this Contract from one month up to a one (1) year term after
the initial term by providing notice as provided below. SAFE must provide written notice to
CONTRACTOR no less than ninety (90) days prior to the end of the applicable term, indicating
its renewal of the Contract. CONTRACTOR shall complete the Services within the term of this
Contract, and shall meet any other established schedules and deadlines. All applicable
indemnification provisions of this Contract shall remain in effect following the termination of this
Contract. The rates shall be as set forth in Exhibit "C" attached hereto and incorporated herein
by reference.
3.5 SAFE's Representative. SAFE hereby designates the SAFE Executive
Director or his or her designee, to act as its Representative for the performance of this Contract
("SAFE’s Representative"). SAFE’s Representative shall have the authority to act on behalf of
SAFE for all purposes under this Contract. SAFE's Representative shall also review and give
approval, as needed, to the details of CONTRACTOR's work as it progresses. CONTRACTOR
shall not accept direction or orders from any person other than the SAFE’s Representative or
his or her designee.
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3.6 CONTRACTOR’S Representative. CONTRACTOR hereby designates
WILLIAM SALAZAR, PRESIDENT & CEO, to act as its representative for the performance of
this Contract ("CONTRACTOR’s Representative"). CONTRACTOR’s Representative shall
have full authority to act on behalf of CONTRACTOR for all purposes under this Contract. The
CONTRACTOR’s Representative shall supervise and direct the Services, using his best skill
and attention, and shall be responsible for all means, methods, techniques, sequences and
procedures and for the satisfactory coordination of all portions of the Services under this
Contract. CONTRACTOR shall work closely and cooperate fully with SAFE's Representative
and any other agencies which may have jurisdiction over or an interest in the Services.
CONTRACTOR's Representative shall be available to the SAFE staff at all reasonable times.
Any substitution in CONTRACTOR's Representative shall be approved in writing by SAFE's
Representative.
3.7 Substitution of Key Personnel. CONTRACTOR has represented to SAFE
that certain key personnel will perform and coordinate the Services under this Contract. Should
one or more of such personnel become unavailable, CONTRACTOR may substitute other
personnel of at least equal competence upon written approval by SAFE’s Representative. In
the event that SAFE’s Representative and CONTRACTOR cannot agree as to the substitution
of the key personnel, SAFE shall be entitled to terminate this Contract for cause, pursuant to
the provisions of Section 3.15. The key personnel for performance of this Contract are:
WILLIAM SALAZAR, PRESIDENT & CEO.
3.7.1 Availability of FSP Manager. Except in the case of unpreventable
circumstances, the FSP Manager must be available at the CONTRACTOR’s office for at least
50% of each Work Day to address time sensitive issues related to this Contract or the Services,
including, but not limited to, FSP administrative responsibilities; SAFE, CHP, and Caltrans
requests; driver matters; and truck maintenance issues. CONTRACTOR shall, within 24 hours,
notify SAFE of each circumstance causing the FSP Manager not to be available as required
herein. As used in this section, the term “Work Day” shall mean and refer to any day that FSP
service is provided, during those hours of operation for Construction FSP as identified on the
attached Exhibit “A-1”.
3.8 Review of Work and Deliverables. All reports, working papers, and similar
work products prepared for submission in the course of providing Services under this Contract
may be required to be submitted to SAFE's Representative in draft form, and SAFE’s
Representative may require revisions of such drafts prior to formal submission and approval.
In the event that SAFE's Representative, in his or her sole discretion, determines the formally
submitted work product to be inadequate, SAFE's Representative may require CONTRACTOR
to revise and resubmit the work at no cost to SAFE. Upon determination by SAFE that
CONTRACTOR has satisfactorily completed the Services required under this Contract and
within the term set forth in Section 3.4, SAFE shall give CONTRACTOR a written Notice of Final
Completion. Upon receipt of such notice, CONTRACTOR shall incur no further costs
hereunder, unless otherwise specified in the Notice of Completion. CONTRACTOR may
request issuance of a Notice of Final Completion when, in its opinion, it has satisfactorily
completed all Services required under the provisions of this Contract.
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3.9 Appearance at Hearings. If and when required by SAFE, CONTRACTOR
shall render assistance at public hearings or other meetings related to the performance of the
Services.
3.10 Standard of Care: Licenses. CONTRACTOR represents and maintains
that it is skilled in the professional calling necessary to perform all Services, duties and
obligations required by this Contract. CONTRACTOR shall perform the Services and duties in
conformance to and consistent with the standards generally recognized as being employed by
professionals in the same discipline in the State of California. CONTRACTOR warrants that all
employees and subcontractors shall have sufficient skill and experience to perform the Services
assigned to them. CONTRACTOR further represents and warrants to SAFE that its employees
and subcontractors have all licenses, permits, qualifications (including medical certification) and
approvals of whatever nature that are legally required to perform the Services, and that such
licenses and approvals shall be maintained throughout the term of this Contract.
CONTRACTOR shall perform, at its own cost and expense and without reimbursement from
SAFE, any services necessary to correct errors or omissions which are caused by the
CONTRACTOR’s failure to comply with the standard of care provided for herein, and shall be
fully responsible to SAFE for all damages and other liabilities provided for in the indemnification
provisions of this Contract arising from the CONTRACTOR’s errors and omissions. Any
employee of CONTRACTOR or its subcontractors who is determined by SAFE to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Services, a
threat to the safety of persons or property, or any employee who fails or refuses to perform the
Services in a manner acceptable to SAFE, shall be promptly removed from performing the
Services by the CONTRACTOR and shall not be re-employed to perform any of the Services.
3.11 Opportunity to Cure. SAFE may provide CONTRACTOR an opportunity to
cure, at CONTRACTOR's expense, all errors and omissions which may be disclosed during
performance of the Services. Should CONTRACTOR fail to make such correction in a timely
manner, such correction may be made by SAFE, and the cost thereof charged to
CONTRACTOR.
3.12 Inspection of Work. CONTRACTOR shall allow SAFE's Representative to
inspect or review CONTRACTOR's performance of Services in progress at any time.
SAFE/Caltrans/CHP also reserves the right to audit all paperwork demonstrating that
CONTRACTOR participates in an employee alcohol/drug-testing program and the DMV Pull
Notice Program.
3.13 Laws and Regulations. CONTRACTOR shall keep itself fully informed of
and in compliance with all local, state and federal laws, rules and regulations in any manner
affecting the performance of the Services, including all Cal/OSHA requirements, and shall give
all notices required by law. CONTRACTOR shall be solely liable for all violations of such laws
and regulations in connection with Services. If the CONTRACTOR performs any work knowing
it to be contrary to such laws, rules and regulations and without giving written notice to SAFE,
CONTRACTOR shall be solely responsible for all costs arising therefrom. CONTRACTOR shall
defend, indemnify and hold SAFE, their officials, directors, officers, employees and agents free
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and harmless, pursuant to the indemnification provisions of this Contract, from any claim or
liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.13 Damage Complaints; Use of Cameras.
3.14.1 Damage Complaints. Upon receiving a damage complaint from a
motorist assisted by the CONTRACTOR, that the CONTRACTOR damaged their vehicle while
lending assistance, the CONTRACTOR shall notify CHP immediately regarding the nature of
the damage complaint and its disposition. The CONTRACTOR shall reply to the motorist by
telephone within twenty-four (24) hours of receiving the damage complaint notification. If
necessary, the CONTRACTOR shall send either his or her authorized representative or his or
her insurance company representative to inspect the vehicle and complete an incident report
within forty-eight (48) hours after receiving the damage complaint. If the investigation shows
that damage to the vehicle could have been caused by the CONTRACTOR, the CONTRACTOR
shall negotiate in good faith to try and resolve the issue and shall report to the CHP the result
of the negotiations. All complaints shall be resolved within a reasonable period of time after
being received.
3.14.2 Complaint Review Committee. The FSP Technical Advisory
Committee (“FSP TAC”) is composed of voting members from CHP, SAFE and Caltrans. Voting
members of the FSP TAC are hereby designated as the members of the Damage Complaint
Review Committee (“DCRC”). If the DCRC finds that justifiable complaints are not resolved
within a reasonable time frame, it can recommend that payment to the CONTRACTOR in the
amount of the damage claim may be deducted from the CONTRACTOR’s monthly invoice.
3.14.3 Use of Exterior Cameras. If required by CONTRACTOR’s
insurance, CONTRACTOR may install and use exterior cameras in accordance with the
requirements below.
A) Videos recorded during provision of the Services (“Videos”)
are for insurance liability purposes only.
B) Access to Videos shall be limited to CONTRACTOR’s
management personnel, and used only for the purpose stated herein. FSP tow truck drivers
shall not have access to the Videos.
C) CONTRACTOR shall ensure that Videos and any captured
footage will not be distributed or disclosed (other than to CONTACTOR’s insurer, or as required
by law) or posted online.
D) Any subpoena requests and insurance claims shall be
handled by CONTRACTOR’s insurance companies directly. Any motorist requests related to
the Services shall be directed to CONTRACTOR.
E) CONTRACTOR shall only release Videos, other than to
CONTRACTOR’s insurer, pursuant to a protective order in order to protect the privacy of
victims, witnesses, and other persons.
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F) Mounting of Video cameras shall conform to California
Vehicle Code Section 26708.
Cameras installed in conformance with this provision and used only for the purpose described
herein will not violate the SOP, or this Agreement.
3.15 Termination.
3.15.1 Notice; Reason. SAFE may, by written notice to CONTRACTOR,
terminate this Contract, in whole or in part, including, without limitation, the geographical
territory covered by this Contract, at any time by giving written notice to CONTRACTOR of such
termination, and specifying the effective date thereof (“Notice of Termination”). Such
termination may be for SAFE’s convenience, due to lack of available funding for the Services,
or because of CONTRACTOR's failure to perform its duties and obligations under this Contract,
including, but not limited to, the failure of CONTRACTOR to timely perform Services pursuant
to the Scope of Services described in Section 3, entitled “Terms,” as well as Section 7 of the
RFP. CONTRACTOR may not terminate this Contract except for cause.
3.15.2 Discontinuance of Services. Upon receipt of the written Notice of
Termination, CONTRACTOR shall discontinue all affected Services as directed in the Notice of
Termination, and deliver to SAFE all Documents and Data, as defined in this Contract, as may
have been prepared or accumulated by CONTRACTOR in performance of the Services,
whether completed or in progress.
3.15.3 Effect of Termination For Convenience. If the termination is to be for
the convenience of SAFE, SAFE shall compensate CONTRACTOR for Services fully and
adequately provided through the effective date of termination as provided in the Notice of
Termination. Such payment shall include a pro-rated amount of profit, if applicable, up through
such effective date, but no amount shall be paid for anticipated profit on unperformed Services
past such effective date. CONTRACTOR shall provide documentation deemed adequate by
SAFE's Representative to show the Services actually completed by CONTRACTOR prior to the
effective date of termination. This Contract shall terminate on the effective date of the Notice
of Termination.
3.15.4 Effect of Termination for Cause. If the termination is for cause,
CONTRACTOR shall be compensated for those Services which have been fully and adequately
completed and accepted by SAFE as of the effective date of termination as provided in the
Notice of Termination. In such case, SAFE may take over the work and prosecute the same to
completion by contract or otherwise. Further, CONTRACTOR shall be liable to SAFE for any
reasonable additional costs or damages incurred to revise work for which SAFE has
compensated CONTRACTOR under this Contract, but which SAFE has determined in its sole
discretion needs to be revised, in part or whole. Termination of this Contract for cause may be
considered by SAFE in determining whether to enter into future contracts with CONTRACTOR.
3.15.5 Cumulative Remedies. The rights and remedies of the Parties
provided in this Section are in addition to any other rights and remedies provided by law or
under this Contract.
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3.15.6 Procurement of Similar Services. In the event this Contract is
terminated, in whole or in part, as provided by this Section, SAFE may procure, upon such
terms and in such manner as it deems appropriate, services similar to those terminated.
3.15.7 Waivers. CONTRACTOR, in executing this Contract, recognizes
that the Services may be terminated, in whole or in part, as provided in this Section.
CONTRACTOR shall not be entitled to any damages including, but not limited to, any
compensation for costs incurred to procure vehicles, meet the terms for providing the Services,
or for any other costs or expenses, and shall be deemed to have waived any and all claims for
damages, costs or expenses which may otherwise arise from SAFE's termination of this
Contract, for convenience or cause, as provided in this Section.
3.15.8 Authorization to Terminate. The Executive Director of SAFE shall
have the full authority and discretion to exercise SAFE’s rights under this Section 3.15, entitled
“Termination”.
3.16 Trend Meetings. CONTRACTOR shall attend, or send a designated
management-level representative, to all trend meetings (i.e., required FSP TAC meeting which
meets every other month). These trend meetings will encompass focused and informal
discussions concerning, but not limited to: scope, Services, schedule, current progress of
Services, relevant cost issues, and future objectives. CONTRACTOR shall be responsible for
having a representative attend all meetings (i.e., FSP TAC meetings) that has the ability to
make management-level decisions on the behalf of the CONTRACTOR. If the CONTRACTOR
cannot have a management-level representative at a meeting, CONTRACTOR shall notify
SAFE and CHP prior to the meeting. Management-level attendance at these meetings shall be
considered part of the CONTRACTOR’s contractual responsibility. Meetings are scheduled,
and CONTRACTOR will be notified of such schedule, no later than three (3) working days prior
to the meeting.
3.17 Fees and Payment.
3.17.1 Amount to be Paid. Subject to the provisions set forth below for
Services satisfactorily performed hereunder, SAFE shall pay the CONTRACTOR on a fixed unit
rate basis a ceiling price NOT TO EXCEED Three Million, One Hundred Fifty Thousand, Six
Hundred, Thirty DOLLARS ($3,150,630).
3.17.2 Maximum Payment is the Ceiling Price. SAFE shall not be obligated
to pay costs which exceed the ceiling price set forth above, except as provided in Sections 3.15
and 3.17.10. CONTRACTOR agrees to use its best efforts to perform the services and all
obligations under this Contract within such ceiling price.
3.17.3 Hourly Rate; Break and Meal Periods. For its performance of the
Services, the CONTRACTOR shall be paid for labor expended directly in the performance of
the Services at the rates specified below. Payments shall be made monthly in arrears based
on Services provided and allowable incurred expenses. The CONTRACTOR shall not be
entitled to reimbursements for any expenses unless approved in advance in writing.
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SCHEDULE OF HOURLY RATES
Hourly rates are set forth in Exhibit "B" attached hereto and incorporated herein by reference.
Hourly rates may be adjusted as set forth in Chapter 9, Violations/Penalties, of the FSP
Standard Operating Procedures (SOP).
A) CONTRACTOR is responsible for compliance with all
California labor laws related to break periods and meal periods including, but not limited to,
compliance with Labor Code section 512. CONTRACTOR shall be solely responsible for
any additional pay to which its drivers may be entitled for CONTRACTOR’s failure to comply
with the California labor law requirements.
B) During shifts that require drivers to be provided a 30-
minute meal period break pursuant to Labor Code section 512, CONTRACTOR shall either
make arrangements for another certified driver to provide Services during those breaks or
not be compensated for each 30-minute meal period break during which Services are not
provided. In no case shall CONTRACTOR be entitled to bill RCTC for time during which a
driver is taking a meal period break.
3.17.4 Payment Coverage. The compensation herein above specified will
cover and include all applicable labor surcharges such as taxes, insurance and fringe benefits,
as well as indirect costs, overhead, general and administrative expense, and profit.
3.17.5 Cost Principles.
A) CONTRACTOR agrees to comply with 2 CFR, Part 225, Cost
Principles for State and Local Government, and 2 CFR, Part 200, Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards.
B) CONTRACTOR agrees that 1) Contract Cost Principles and
Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq.,
shall be used to determine the allowability of individual cost items, and 2) CONTRACTOR
shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200,
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards.
C) Any costs for which CONTRACTOR has received payment
or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 225,
48 CFR, Chapter 1, Part 31 or 2 CFR, Part 200, are subject to repayment by CONTRACTOR
to SAFE. Should CONTRACTOR fail to reimburse moneys due SAFE within 30 days of
demand, or within such other period as may be agreed in writing between the Parties hereto,
SAFE is authorized to intercept and withhold future payments due CONTRACTOR from
SAFE or any third-party source, including, but not limited to, the State Treasurer, the State
Controller, and the California Transportation Commission.
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3.17.6 Fines. Fines for starting late; leaving early; taking more breaks
than authorized; or being ordered out of service by a CHP, SAFE Representative or Caltrans
supervisor for Contract infractions shall be deducted from the CONTRACTOR’s monthly
invoice at five (5) times the hourly rate, plus the loss of revenue for the down time. Fines
may be further described in the attached Exhibit “A” or Exhibit “B”.
3.17.7 Accounting System. CONTRACTOR and its subcontractors
shall establish and maintain an accounting system and records that properly accumulate
and segregate expenditures by line item for the Services. The accounting system of
CONTRACTOR and its subcontractors shall conform to Generally Accepted Accounting
Principles (GAAP), enable the determination of incurred costs at interim points of
completion, and provide support for reimbursement payment vouchers or invoices.
3.17.8 Invoices. Invoices for CONTRACTOR’s Services shall be submitted
monthly on forms approved by SAFE. Invoices will be routinely verified by CHP. To ensure
prompt payment, most billing disputes may be resolved within ten (10) working days of written
notice of dispute. However, at SAFE’s discretion, reconciliation of disputed fines that sum to
less than 2% of the months’ Invoice may be corrected on the next month’s Invoice to ensure
prompt payment of the major portion of the invoice. Each Invoice shall include a cover sheet
bearing a certification as to the accuracy of the statement signed by the CONTRACTOR’s
authorized officer. Invoices shall be mailed to SAFE’s Contract Administrator at the following
address:
Riverside County Service Authority for Freeway Emergencies
FSP Program
P.O. Box 12008
Riverside, CA
92502-2208
Attn: Brian Cunanan
3.17.8.1 Monthly Progress Reports. As part of its Invoice,
CONTRACTOR shall submit a Monthly Progress Report, in a form determined by SAFE, which
will cover the Invoice period and include spreadsheets showing hours expended for each day
of the month per vehicle per beat, and the total for the term of the Contract to date. Submission
of such Monthly Progress Report by CONTRACTOR shall be a condition precedent to receipt
of payment from SAFE for each monthly Invoice submitted.
3.17.8.2 Payment Schedule. Invoice periods shall be based
upon a calendar month, beginning with the first day of the month. SAFE shall reimburse
CONTRACTOR for Services adequately provided under this Contract within thirty (30) days of
receiving the current period invoice with no errors. If the Invoice is completed incorrectly by the
CONTRACTOR it will delay payment. If SAFE fails to pay any amount owed to CONTRACTOR
under this Contract within thirty (30) days after receipt of the invoice, CONTRACTOR may give
SAFE a notice of failure to pay which shall set forth the invoice(s) and amount(s) which
CONTRACTOR believes are thirty (30) days overdue. SAFE shall pay any undisputed
invoice(s) and amount(s) within thirty (30) days of receipt of a notice of failure to pay.
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3.17.9 Right to Audit. For the purpose of determining compliance with this
Contract and other matters connected with the performance of CONTRACTOR’s contracts with
third parties, CONTRACTOR and its subcontractors shall each maintain and make available for
inspection all books, documents, papers, accounting records, and other evidence pertaining to
the performance of such contracts, including, but not limited to, the costs of administering those
various contracts, but excluding Videos. All of the above referenced parties shall make such
materials available at their respective offices at all reasonable times for three years from the
date of final payment of Funds to CONTRACTOR. SAFE, the State of California acting through
the Department of Transportation or its duly authorized representative, the California State
Auditor, or the United States Department of Transportation shall each have access to any
books, records, and documents that are pertinent for audits, examinations, excerpts, and
transactions, and CONTRACTOR shall furnish copies thereof if requested.
3.17.10 Taxes. CONTRACTOR shall pay any sales, use, or other taxes,
if any, attributable to the provision of the Services.
3.17.11 Travel and Subsistence. Payments to CONTRACTOR for travel
and subsistence expenses claimed for reimbursement or applied as local match credit shall not
exceed rates authorized to be paid exempt non-represented State employees under current
State Department of Personnel Administration (DPA) rules. If the rates invoiced are in excess
of those authorized DPA rates, then CONTRACTOR is responsible for the cost difference and
any overpayments shall be reimbursed to SAFE on demand.
3.17.12 Employment Adverse to the SAFE. CONTRACTOR shall notify
SAFE, and shall obtain SAFE’s written consent, prior to accepting work to assist with or
participate in a third-party lawsuit or other legal or administrative proceeding against SAFE
during the term of this Contract.
3.17.13 Extra Work. At any time during the term of this Contract, SAFE
may request CONTRACTOR to perform Extra Work. “Extra Work” shall mean any work which
is determined by SAFE to be necessary for proper completion of the Services, but which the
Parties did not reasonably anticipate would be necessary at the time of the execution of this
Contract and was not included in the Scope of Services. Extra Work, if any, shall be reimbursed
at the same hourly rate as identified in Section 3.17.3. CONTRACTOR shall not perform, nor
be compensated for Extra Work without obtaining authorization in the form of a written Extra
Work Order issued by SAFE’s Representative. For instance, Construction FSP services as it
relates to construction activity can be considered Extra Work. In the event an Extra Work Order
is not issued and signed by SAFE’s Representative, CONTRACTOR shall not provide such
Extra Work. However, no compensation or reimbursement for Extra Work shall be paid if it is
not authorized by SAFE and if the cumulative total of such Extra Work under the Contract
exceeds $25,000. All Extra Work in a cumulative total in excess of $25,000 must be approved
in advance by amendment to this Contract.
3.17.13.1 Extra Work Cancellation Policy. If a tow operator is
scheduled for Extra Work and they are notified of a cancellation with LESS than a 24 hour
notice – then the tow operator will be reimbursed for three (3) hours of the agreed upon
contract hourly rate. Note: The minimum of the three (3) hours should cover eight hours of the
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drivers’ hourly wage. Starting with “Less than a 24 hour cancellation notice” up to the time the
tow operator is on the assigned Extra Work Beat, the “three contract hour cancellation rate”
remains the same. Once the tow operator is on the Extra Work Beat, the cancellation policy
changes.
If a tow operator begins the Extra Work (the truck is on the Beat) and is then notified that Extra
Work has been cancelled, the FSP operator will be paid for the entire shift period up to a
maximum of eight (8) hours. A shift period for this policy is defined as: the time period of the
actual Extra Work shift assigned or for a maximum of eight (8) contract hours, whichever is less.
The supervising FSP CHP Officer for the Extra Work shift will make the final determination as
to whether or not the tow operator will continue to work the Extra Work shift. Regardless, the
tow operator will be reimbursed for the original shift period or a maximum or eight (8) hours,
whichever is less.
3.17.14 Most Favored Customer. CONTRACTOR agrees that, throughout
the term of this Contract, it shall not enter into any FSP services agreement with any
government agency with whom it has either existing contractual relationship or has no
contractual relationship that predates this Contract, pursuant to which CONTRACTOR agrees
to charge FSP services fees less than those as indicated in this Contract for substantially the
same level of FSP services contemplated by this Contract. Should SAFE establish that such
lower fees have been agreed to by CONTRACTOR with another government agency,
CONTRACTOR agrees to renegotiate the fees or to refund SAFE an amount equal to the
difference between the fees indicated in this Contract and the fees charged to other government
agency customer.
3.17.15 Mobilization Costs Payment. Upon issuance of a limited
Notice to Proceed, a mobilization costs payment in the amount of $ ___(amount)____ will be
made to CONTRACTOR to help offset pre-start-date costs (“Mobilization Payment”).
CONTRACTOR shall pay back the Mobilization Payment in twelve (12) equal monthly
installments to be deducted from CONTRACTOR’s monthly invoice.
In the event of early termination, any unpaid portion of the Mobilization Payment will be withheld
from final payment to the CONTRACTOR.
3.18 Delay in Performance.
3.18.1 Excusable Delays. Neither Party shall be considered in default in
the performance of its obligations to the extent that the performance of any such obligation is
prevented or delayed by an Excusable Delay. Should CONTRACTOR be delayed or prevented
from the timely performance of any act or Services required by the terms of the Contract by an
Excusable Delay, Contractor’s schedule for completion of tasks affected by such delay may be
extended as set forth in Section 3.18.2. But in every case, CONTRACTOR’s failure to perform
must be reasonably beyond the control, and without the fault or negligence of the
CONTRACTOR. Excusable Delays are acts of God or of the public enemy, acts or omissions
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of SAFE or other governmental agencies in either their sovereign or contractual capacities,
fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes or unusually severe
weather.
3.18.2 Written Notice. If CONTRACTOR believes it is entitled to an
extension of time due to conditions set forth in subsection 3.18.1, CONTRACTOR shall provide
written notice to the SAFE within seven (7) working days from the time CONTRACTOR knows,
or reasonably should have known, that performance of the Services will be delayed due to such
conditions. Failure of CONTRACTOR to provide such timely notice shall constitute a waiver by
CONTRACTOR of any right to an excusable delay in time of performance.
3.18.3 Mutual Contract. Performance of any Services under this Contract
may be delayed upon mutual agreement of the Parties. Upon such agreement,
CONTRACTOR's Schedule of Services (as defined in their Proposal) shall be extended as
necessary by SAFE. CONTRACTOR shall take all reasonable steps to minimize delay in
completion, and additional costs, resulting from any such extension.
3.19 Status of CONTRACTOR/Subcontractors.
3.19.1 Independent Contractor. The Services shall be performed by
CONTRACTOR or under its supervision. CONTRACTOR will determine the means, methods
and details of performing the Services subject to the requirements of this Contract. SAFE
retains CONTRACTOR on an independent contractor basis and not as an employee, agent or
representative of the SAFE. CONTRACTOR retains the right to perform similar or different
services for others during the term of this Contract. Any additional personnel performing the
Services under this Contract on behalf of CONTRACTOR shall at all times be under
CONTRACTOR's exclusive direction and control. CONTRACTOR shall pay all wages, salaries
and other amounts due such personnel in connection with their performance of Services and
as required by law. CONTRACTOR shall be responsible for all reports and obligations
respecting such personnel, including but not limited to, social security taxes, income tax
withholdings, unemployment insurance, disability insurance, and workers' compensation
insurance.
3.19.2 Assignment or Transfer. CONTRACTOR shall not assign,
hypothecate, or transfer, either directly or by operation of law, this Contract or any interest
herein, without the prior written consent of SAFE. Any attempt to do so shall be null and void,
and any assignees, hypothecates or transferees shall acquire no right or interest by reason of
such attempted assignment, hypothecation or transfer. Notwithstanding the foregoing, SAFE
may transfer or assign any and all of its rights and obligations under this Contract, including,
without limitation the rights to terminate this Contract, as assigned, pursuant to Section 3.15
hereof.
3.19.3 Subcontracting. CONTRACTOR shall not subcontract any portion
of the work or Services required by this Contract, except as expressly stated herein, including
the Scope of Services, without prior written approval of the SAFE. Subcontracts, if any, shall
contain a provision making them subject to all provisions stipulated in this Contract. SAFE shall
36
have no liability to any subconsultant(s) for payment for services under this Contract or other
work performed for CONTRACTOR, and any subcontract entered into by CONTRACTOR
pursuant to the conduct of services under this Contract shall duly note that the responsibility for
payment for the technical services or any other work performed shall be the sole responsibility
of CONTRACTOR.
3.20 CONTRACTOR will maintain an inventory of all non-expendable
equipment, defined as having a useful life of at least two years and an acquisition cost of $500
or more, paid for with funds provided pursuant to this Contract.
3.21 Ownership of Materials and Confidentiality.
3.21.1 Documents & Data; Licensing of Intellectual Property. All plans,
specifications, studies, drawings, estimates, materials, data, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings, spreadsheets, or data magnetically or otherwise recorded on computer diskettes,
prepared by or on behalf of CONTRACTOR under this Contract (“Documents and Data”), shall
be made available to SAFE at all times during this Contract and shall become the property of
SAFE upon the completion of the term of this Contract, except that CONTRACTOR shall have
the right to retain copies of all such Documents and Data for its records. Should
CONTRACTOR, either during or following termination of this Contract, desire to use any
Documents and Data, it shall first obtain the written approval of SAFE. This Contract creates a
no-cost, nonexclusive, and perpetual license for SAFE to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, and other intellectual property embodied in the
Documents and Data which are prepared or caused to be prepared by CONTRACTOR under
this Contract (“Intellectual Property”). CONTRACTOR shall require all subcontractors to agree
in writing that SAFE is granted a no-cost, nonexclusive, and perpetual license for any
Intellectual Property the subcontractor prepares under this Contract. CONTRACTOR
represents and warrants that CONTRACTOR has the legal right to license any and all
Intellectual Property prepared or caused to be prepared by CONTRACTOR under this Contract.
SAFE shall not be limited in any way in its use of the Intellectual Property at any time, provided
that any such use not within the purposes intended by this Contract shall be at SAFE's sole
risk.
3.21.2 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents and Data either created by or provided to CONTRACTOR in
connection with the performance of this Contract shall be held confidential by CONTRACTOR
to the extent permitted by law, including, without limitation, the California Public Records Act,
Government Code section 6250 et seq. Such materials shall not, without the prior written
consent of SAFE, be used by CONTRACTOR for any purposes other than the performance of
the Services as provided herein. Nor shall such materials be disclosed to any person or entity
not connected with the performance of the Services, except as provided herein. Nothing
furnished to CONTRACTOR which is otherwise known to CONTRACTOR or is generally
known, or becomes known, to the related industry shall be deemed confidential.
CONTRACTOR shall not use SAFE's name or insignia, photographs, or any publicity pertaining
37
to the Services in any magazine, trade paper, newspaper, television or radio production, or
other similar medium without the prior written consent of SAFE.
3.22 Indemnification. CONTRACTOR shall indemnify and hold SAFE,
COMMISSION, CHP, Caltrans and their directors, officials, officers, agents, contractors,
consultants, employees, and volunteers free and harmless from any and all claims, demands,
causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or in equity, to
property or persons, including wrongful death, in any manner arising out of, or incident to, any
acts, omissions, or willful misconduct of the CONTRACTOR, its officials, officers, employees,
agents, consultants, and contractors arising out of or in connection with the performance of the
Services or this Contract, including without limitation, the payment of all consequential damages
and other related costs and expenses. CONTRACTOR shall defend, at CONTRACTOR’s own
cost, expense and risk, any and all such aforesaid suits, actions, or other legal proceedings of
every kind that may be brought or instituted against SAFE, COMMISSION, CHP, Caltrans or
their directors, officials, officers, agents, contractors, consultants, employees, and volunteers.
CONTRACTOR shall pay and satisfy any judgment, award, or decree that may be rendered
against SAFE, COMMISSION, CHP, Caltrans or their directors, officials, officers, agents,
consultants, employees, and volunteers, in any such suit, action, or other legal proceeding.
CONTRACTOR shall reimburse SAFE, COMMISSION, CHP, Caltrans and their directors,
officials, officers, agents, consultants, employees, and volunteers, for any and all legal
expenses and costs incurred by each of them in connection therewith or in enforcing the
indemnity herein provided. CONTRACTOR’s obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the CONTRACTOR, SAFE, COMMISSION, CHP,
Caltrans or their directors, officials, officers, agents, consultants, employees, and volunteers.
3.23 Insurance.
3.23.1 Time for Compliance. CONTRACTOR shall not commence work
under this Agreement until it has provided evidence satisfactory to SAFE that it has secured all
insurance required under this section, in a form and with insurance companies acceptable to
SAFE. In addition, CONTRACTOR shall not allow any subcontractor to commence work on
any subcontract until it has secured all insurance required under this section.
3.23.2 Minimum Requirements. CONTRACTOR shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of
the Agreement by the CONTRACTOR, its agents, representatives, employees or
subcontractors. CONTRACTOR shall also require all of its subcontractors to procure and
maintain the same insurance for the duration of the Agreement. Such insurance shall meet at
least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad
as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001 or exact equivalent); (2)
Automobile Liability: Insurance Services Office Business Auto Coverage (form CA 0001, code
38
1 (any auto) or exact equivalent); and (3) Workers’ Compensation and Employer’s Liability:
Workers’ Compensation insurance as required by the State of California and Employer’s
Liability Insurance.
(B) Minimum Limits of Insurance. CONTRACTOR shall maintain limits
no less than:
(i) General Liability:
Per occurrence: $2,000,000
Project Specific Aggregate: $4,000,000
Products/Completed Operations: $1,000,000
Personal Injury Limit: $1,000,000
(ii) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage; and
(iii) Workers’ Compensation and Employer’s Liability: Workers’
Compensation limits as required by the Labor Code of the State of California. Employer’s
Practices Liability limits of $1,000,000 per accident.
3.23.3 On-Hook Insurance & Garage Keepers Liability Coverage.
(A) CONTRACTOR shall maintain a policy of On-Hook Towing
Insurance to include the care, custody or control exposure present while vehicles are being
serviced roadside, on-hook, or in a storage yard for not less than one hundred thousand dollars
($100,000).
(B) CONTRACTOR shall maintain a policy of Garage Keepers Liability
Insurance which shall include coverage for vehicles in the care, custody and control of the
CONTRACTOR with limits of liability not less than $500,000 per occurrence for property
damage.
3.23.4 Insurance Endorsements. The insurance policies shall contain the
following provisions, or CONTRACTOR shall provide endorsements on forms approved by
SAFE to add the following provisions to the insurance policies:
(A) General Liability.
(i) Commercial General Liability Insurance must include coverage for
(1) bodily Injury and property damage; (2) personal Injury/advertising Injury; (3)
premises/operations liability; (4) products/completed operations liability; (5) aggregate limits
that apply per Project; (6) explosion, collapse and underground (UCX) exclusion deleted; (7)
contractual liability with respect to this Agreement; (8) broad form property damage; and (9)
independent consultants coverage.
(ii) The policy shall contain no endorsements or provisions limiting
39
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured
against another; or (3) contain any other exclusion contrary to this Agreement.
(iii) The policy shall give SAFE, COMMISSION, CHP, Caltrans and their
directors, officials, officers, employees, and agents insured status using ISO endorsement
forms 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(iv) The additional insured coverage under the policy shall be “primary
and non-contributory” and will not seek contribution from SAFE, COMMISSION, CHP, or
Caltrans insurance or self-insurance and shall be at least as broad as CG 20 01 04 13, or
endorsements providing the exact same coverage.
(B) Automobile Liability. The automobile liability policy shall be
endorsed to state that: (1) SAFE, COMMISSION, CHP, Caltrans and their directors, officials,
officers, employees and agents shall be covered as additional insureds with respect to the
ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired
or borrowed by the CONTRACTOR or for which the CONTRACTOR is responsible; and (2) the
insurance coverage shall be primary insurance as respects SAFE, COMMISSION, CHP,
Caltrans and their directors, officials, officers, employees and agents, or if excess, shall stand
in an unbroken chain of coverage excess of the CONTRACTOR’s scheduled underlying
coverage. Any insurance or self-insurance maintained by SAFE, COMMISSION, CHP,
Caltrans or their directors, officials, officers, employees and agents shall be excess of the
CONTRACTOR’s insurance and shall not be called upon to contribute with it in any way.
(C) Workers’ Compensation and Employers Liability Coverage.
(i) CONTRACTOR certifies that he/she is aware of the provisions of
Section 3700 of the California Labor Code which requires every employer to be insured against
liability for workers’ compensation or to undertake self-insurance in accordance with the
provisions of that code, and he/she will comply with such provisions before commencing work
under this Agreement.
(ii) The insurer shall agree to waive all rights of subrogation against
SAFE, its directors, officials, officers, employees and agents for losses paid under the terms of
the insurance policy which arise from work performed by the CONTRACTOR.
(D) All Coverages.
(i) Defense costs shall be payable in addition to the limits set forth
hereunder.
(ii) Requirements of specific coverage or limits contained in this section
are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any
coverage normally provided by any insurance. It shall be a requirement under this Agreement
that any available insurance proceeds broader than or in excess of the specified minimum
40
insurance coverage requirements and/or limits set forth herein shall be available to SAFE, its
directors, officials, officers, employees and agents as additional insureds under said policies.
Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and
limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage
of any insurance policy or proceeds available to the named insured; whichever is greater.
(iii) The limits of insurance required in this Agreement may be satisfied
by a combination of primary and umbrella or excess insurance. Any umbrella or excess
insurance shall contain or be endorsed to contain a provision that such coverage shall also
apply on a primary and non-contributory basis for the benefit of SAFE, COMMISSION, CHP,
and Caltrans (if agreed to in a written contract or agreement) before SAFE, COMMISSION,
CHP or Caltrans own insurance or self-insurance shall be called upon to protect it as a named
insured. The umbrella/excess policy shall be provided on a “following form” basis with coverage
at least as broad as provided on the underlying policy(ies).
(iv) CONTRACTOR shall provide SAFE at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
CONTRACTOR shall provide at least ten (10) days prior written notice of cancellation of any
such policy due to non-payment of premium. If any of the required coverage is cancelled or
expires during the term of this Agreement, the CONTRACTOR shall deliver renewal
certificate(s) including the General Liability Additional Insured Endorsement to SAFE at least
ten (10) days prior to the effective date of cancellation or expiration.
(v) The retroactive date (if any) of each policy is to be no later than the
effective date of this Agreement. CONTRACTOR shall maintain such coverage continuously
for a period of at least three years after the completion of the work under this Agreement.
CONTRACTOR shall purchase a one (1) year extended reporting period A) if the retroactive
date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not
renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date
subsequent to the effective date of this Agreement.
(vi) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by CONTRACTOR, and any approval of said insurance by SAFE,
is not intended to and shall not in any manner limit or qualify the liabilities and obligations
otherwise assumed by the CONTRACTOR pursuant to this Agreement, including but not limited
to, the provisions concerning indemnification.
(vii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, SAFE has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by SAFE will be promptly reimbursed by CONTRACTOR or
SAFE will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the
alternative, SAFE may cancel this Agreement. SAFE may require the CONTRACTOR to
provide complete copies of all insurance policies in effect for the duration of the Project.
(viii) Neither SAFE, COMMISSION, CHP, Caltrans nor any of their
41
directors, officials, officers, employees or agents shall be personally responsible for any liability
arising under or by virtue of this Agreement.
Each insurance policy required by this Agreement shall be endorsed to
state that:
3.23.5 Deductibles and Self-Insurance Retentions. Any deductibles or
self-insured retentions must be declared to and approved by SAFE. If SAFE does not approve
the deductibles or self-insured retentions as presented, CONTRACTOR shall guarantee that,
at the option of SAFE, either: (1) the insurer shall reduce or eliminate such deductibles or self-
insured retentions as respects SAFE, its directors, officials, officers, employees and agents; or,
(2) the CONTRACTOR shall procure a bond guaranteeing payment of losses and related
investigation costs, claims and administrative and defense expenses.
3.23.6 Acceptability of Insurers. Insurance is to be placed with insurers
with a current A.M. Best’s rating no less than A: VIII, licensed to do business in California, and
satisfactory to SAFE.
3.23.7 Verification of Coverage. CONTRACTOR shall furnish SAFE with
original certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to SAFE. The certificates and endorsements for each
insurance policy shall be signed by a person authorized by that insurer to bind coverage on its
behalf. All certificates and endorsements must be received and approved by SAFE before work
commences. SAFE reserves the right to require complete, certified copies of all required
insurance policies, at any time.
3.23.8 Subcontractor Insurance Requirements. CONTRACTOR shall not
allow any subcontractors to commence work on any subcontract until they have provided
evidence satisfactory to SAFE that they have secured all insurance required under this section.
Policies of commercial general liability insurance provided by such subcontractors or
subcontractors shall be endorsed to name SAFE, COMMISSION, CHP and Caltrans as
additional insureds using ISO form CG 20 38 04 13 or an endorsement providing the exact
same coverage. If requested by CONTRACTOR, SAFE may approve different scopes or
minimum limits of insurance for particular subcontractors or subcontractors.
3.23.9 Review of Coverage. SAFE retains the right at any time to review
the coverage, form and amount of insurance required herein and may require CONTRACTOR
to obtain additional insurance reasonably sufficient in coverage, form, amount to provide
adequate protection against the kind and extent of risk which exists at the time of change in
insurance required.
3.23.10 Safety. CONTRACTOR shall execute and maintain its work so as
to avoid injury or damage to any person or property. In carrying out its Services, the
CONTRACTOR shall at all times be in compliance with all applicable local, state and federal
laws, rules and regulations, and shall exercise all necessary precautions for the safety of
employees appropriate to the nature of the work and the conditions under which the work is to
42
be performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and life saving equipment and procedures; (B) instructions in accident
prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall
protection ladders, bridges, gang planks, confined space procedures, trenching and shoring,
equipment and other safety devices, equipment, and wearing apparel as are necessary or
lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper
inspection and maintenance of all safety measures.
3.24 Prohibited Interests.
3.24.1 Solicitation. CONTRACTOR maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for CONTRACTOR, to solicit or secure this Contract. Further, CONTRACTOR warrants that it
has not paid nor has it agreed to pay any company or person, other than a bona fide employee
working solely for CONTRACTOR, any fee, percentage, brokerage fee, gift, or other
consideration contingent upon or resulting from the award or making of this Contract. For
breach or violation of this warranty, SAFE shall have the right to rescind this Contract without
liability.
3.24.2 Conflict of Interest. For the term of this Contract, no member, officer
or employee of SAFE, during the term of his or her service with SAFE, shall have any direct
interest in this Contract, or obtain any present or anticipated material benefit arising therefrom.
3.24.3 Conflict of Employment. Employment by the CONTRACTOR of
personnel currently on the payroll of SAFE shall not be permitted in the performance of this
Contract, even though such employment may occur outside of the employee's regular working
hours or on weekends, holidays, or vacation time. Further, the employment by the
CONTRACTOR of personnel who have been on SAFE payroll within one year prior to the date
of execution of this Contract, where this employment is caused by, and or dependent upon, the
CONTRACTOR securing this or related Contracts with SAFE, is prohibited.
3.25 Nondiscrimination; Equal Opportunity Employment. CONTRACTOR shall
not deny any benefits of this Contract 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 CONTRACTOR unlawfully discriminate, harass, or allow harassment
against any subcontractor, 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.
Such non-discrimination shall include, but not be limited to, all activities related
to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff, or termination. Employment and Housing Act (Gov. Code Section 12900 et seq.) and
the applicable regulations promulgated thereunder (Cal. Admin. Code, Tit. 2, Section 7285.0 et
seq.): The applicable regulations of the Fair Employment and Housing Commission
43
implementing Government Code, Sec 12900, set forth in Chapter 5 of Division 4 of Title 2 of
the California Administrative Code, Sec 12900, set forth in Chapter 5 of Division 4 of Title 2 of
the California Administrative Code are incorporated into this Contract by reference and made a
part hereof as if set forth in full. CONTRACTOR shall include the provisions of this Section in
all of CONTRACTOR’s subcontracts with respect to work under this Agreement, unless
exempted by the Regulations. CONTRACTOR shall also comply with all relevant provisions of
SAFE's Minority Business Enterprise program, Affirmative Action Plan, or other related SAFE
programs or guidelines currently in effect or hereinafter enacted.
3.26 Right to Employ Other CONTRACTORs. SAFE reserves the right to
employ other CONTRACTORs in connection with the Services.
3.27 Governing Law. The validity of this Contract and of any of its terms or
provisions, as well as the rights and duties of the parties hereunder, shall be governed by and
construed with the laws of the State of California.
3.28 Venue. The Parties acknowledge and agree that this Contract was entered
into and intended to be performed in Riverside County, California. The Parties agree that the
venue for any action or claim brought by any Party will be the Central District of Riverside
County. Each Party hereby waives any law or rule of court which would allow them to request
or demand a change of venue. If any action or claim concerning this Contract is brought by any
third party, the Parties agree to use their best efforts to obtain a change of venue to the Central
District of Riverside County.
3.29 Time of Essence. Time is of the essence for each and every provision of
this Contract.
3.30 Headings. Article and section headings, paragraph captions, or marginal
headings contained in this Contract are for convenience only and shall have no effect in the
construction or interpretation of any provision herein.
3.31 Notices. All notices hereunder and communications regarding
interpretation of the terms of this Contract or changes thereto shall be given to the respective
Parties at the following addresses, or at such other addresses as the respective Parties may
provide in writing for this purpose:
CONTRACTOR:
Royal Coaches Auto Body &
Towing
14827 Ramona Blvd.
Baldwin Park, CA 91706
Attn: William Salazar__
SAFE:
Riverside County Service Authority
for Freeway Emergencies
FSP Program
P.O. Box 12008
Riverside, CA
92502-2208
Attn: Brian Cunanan
44
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48)
hours after deposit in the U.S. mail, first class postage prepaid, and addressed to the Party at
its applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
3.32 Electronic Delivery of Agreement. A manually signed copy of this
Agreement which is transmitted by facsimile, email or other means of electronic transmission
shall be deemed to have the same legal effect as delivery of an original executed copy of the
Agreement for all purposes.
3.33 Amendment or Modification. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.34 Entire Contract. This Agreement contains the entire Agreement of the
Parties relating to the subject matter hereof and supersedes all prior negotiations, contracts or
understandings.
3.35 Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
3.36 No Waiver. Failure of CONTRACTOR to insist on any one occasion upon
strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a
waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights
or powers hereunder at any one time or more times be deemed a waiver or relinquishment of
such other right or power at any other time or times.
3.37 Eight-Hour Law. Pursuant to the provisions of the California Labor Code,
eight hours of labor shall constitute a legal day's work, and the time of service of any worker
employed on the work shall be limited and restricted to eight hours during any one calendar
day, and forty hours in any one calendar week, except when payment for overtime is made at
not less than one and one-half the basic rate for all hours worked in excess of eight hours per
day ("Eight-Hour Law"), unless CONTRACTOR or the Services are not subject to the Eight-
Hour Law. CONTRACTOR shall forfeit to SAFE as a penalty, $50.00 for each worker employed
in the execution of this Agreement by him, or by any sub-consultant under him, for each
calendar day during which such workman is required or permitted to work more than eight hours
in any calendar day and forty hours in any one calendar week without such compensation for
overtime violation of the provisions of the California Labor Code, unless CONTRACTOR or the
Services are not subject to the Eight-Hour Law.
3.38 Subpoenas or Court Orders. Should CONTRACTOR receive a subpoena or
court order related to this Agreement, the Services or the Project, CONTRACTOR shall
immediately provide written notice of the subpoena or court order to the SAFE. CONTRACTOR
shall not respond to any such subpoena or court order until notice to the SAFE is provided as
required herein and shall cooperate with the SAFE in responding to the subpoena or court
order.
45
3.39 Survival. All rights and obligations hereunder that by their nature are to
continue after any expiration or termination of this Agreement, including, but not limited to, the
indemnification and confidentiality obligations, and the obligations related to receipt of
subpoenas or court orders, shall survive any such expiration or termination.
3.40 Counterparts. This Agreement may be signed in one or more counterparts,
any one of which shall be effective as an original document.
3.41 Incorporation of Recitals. The recitals set forth above are true and correct
and are incorporated into this Agreement as though fully set forth herein.
3.42 Conflicting Provisions. In the event that provisions of any attached exhibits
conflict in any way with the provisions set forth in this Agreement, the language, terms and
conditions contained in this Agreement shall control the actions and obligations of the Parties
and the interpretation of the Parties’ understanding concerning the performance of the Services.
In the event the standards set forth in this Agreement conflict with the standards set forth in any
exhibit hereto, the higher standard shall govern.
3.43 Attorneys' Fees and Costs. If any legal action is instituted to enforce or
declare any Party's rights hereunder, each Party, including the prevailing Party, must bear its
own costs and attorneys' fees. This paragraph shall not apply to those costs and attorneys'
fees directly arising from any third party legal action against a Party hereto and payable under
Section 3.21, Indemnification.
3.44 Consent. Whenever consent or approval of any Party is required under
this Contract, that Party shall not unreasonably withhold nor delay such consent or approval.
3.45 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
[Signatures on following page]
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SIGNATURE PAGE
TO AGREEMENT 23-45-060-00
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first
herein written above.
RIVERSIDE COUNTY
TRANSPORTATION COMMISSION [LEGAL STATUS OF CONTRACTOR]
ACTING AS THE
RIVERSIDE COUNTY SERVICE
AUTHORITY FOR FREEWAY
EMERGENCIES
By: ____________________________ By: _____________________________
RCTC Chair
_____________________________
Name
_____________________________
Title
APPROVED AS TO FORM: Attest:
By: ____________________________ By: ____________________________
Best Best & Krieger LLP,
Counsel to the Riverside County Its: Secretary
Service Authority for
Freeway Emergencies
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EXHIBIT “A”
Scope of Services
48
SCOPE OF SERVICES
1.0 GENERAL INFORMATION
1.1 Background & Introduction
In 1986, the Commission established itself as the Riverside County Service Authority for
Freeway Emergencies (RC SAFE) after the enactment of SB 1199 in 1985. The purpose
of the formation of SAFEs in California was to provide call box services and, with excess
funds, provide additional motorist aid services. Funding for RC SAFE is derived from a
one dollar per vehicle registration fee on vehicles registered in Riverside County. Initially,
these funds were used only for the call box program. As additional motorist aid services
were developed, SAFE funds were also used to provide Freeway Service Patrol (FSP)
and the Inland Empire 511 traveler information services as part of a comprehensive
motorist aid system in Riverside County.
In 1990, Proposition C was passed to fund transportation improvements and to help
reduce traffic congestion in California. From this, the FSP program was created by
Caltrans, which developed the corresponding Local Funding Allocation Plan to distribute
funds to participating jurisdictions. In addition to funding received from Caltrans,
agencies are required to contribute a 25 percent local match. For the Commission, SAFE
revenues are used to meet this match requirement.
The Commission, acting in its capacity as the SAFE, is the principal agency in Riverside
County, in partnership with Caltrans and the California Highway Patrol (CHP), managing
the FSP program. The purpose of the FSP program is to provide a continuously roving
tow services patrol along designated freeway segments (referred to as beats) to relieve
freeway congestion and facilitate the rapid removal of disabled vehicles and those
involved in minor accidents on local freeways. Contracts to provide FSP tow service are
competitively bid as needed for each beat.
1.2 Project Description
The purpose of the FSP program is to provide a continuous roving patrol for the rapid
removal of disabled vehicles and those involved in minor accidents from the freeway.
Where traffic conditions permit, safe removal of small debris will be required. Vehicle
operators shall be responsible for clearing the freeway of automobiles, small trucks, and
small debris. When and where conditions warrant, service may be executed on the
freeway shoulders. Where conditions do not warrant, vehicle operators will remove the
vehicles from the freeway to provide service. FSP vehicles shall continuously patrol their
assigned beat, respond to CHP calls for Services, use the designated turnaround
locations, and use the CHP identified designated drop locations.
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FSP vehicle operators may be required to perform minor services such as change flat
tires, provide "jump" starts, provide one gallon of gasoline or diesel fuel, temporarily tape
cooling system hoses, and refill radiators in a safe and efficient manner. Vehicle
operators may spend a maximum of ten (10) minutes per disablement in attempting to
mobilize a vehicle.
If a disabled vehicle cannot be mobilized within the ten-minute (10) time limit, it shall be
towed to a designated drop location identified by the CHP. The motorist can request the
FSP vehicle operator to call the CHP Communications Center to request a CHP
rotational tow or other services. FSP vehicle operators shall not be allowed to tow as an
independent contractor from an incident that occurred during the FSP shift unless called
as a rotation tow by CHP after the FSP shift has ended. If called as a rotation tow after
a FSP shift, the vehicle operator must remove all FSP markings such as vests, uniforms,
and magnetic vehicle signage.
There may be some instances where FSP operators may be requested to provide
assistance to CHP officers. FSP operators shall follow the instructions of the CHP officer
at the scene of any incident within the scope of the FSP program.
All FSP services shall be provided at no cost to the motorist. FSP vehicle operators shall
not accept gratuities, perform secondary towing services, recommend secondary tows,
or recommend repair/body shop businesses.
Freeway Service Patrol hours of operation are 5:30 a.m. to 8:30 a.m. and 2:30 p.m. to
6:30 p.m., Monday through Thursday; and 5:30 a.m. to 8:30 a.m. and 12:30 p.m. to 6:30
p.m. on Friday. Contractor vehicles shall be exclusively dedicated to the service during
FSP service hours. All vehicle maintenance activities shall be conducted during non-
service hours.
The FSP operates on selected freeway segments referred to as “Beats”. Each Beat has
specific turnaround locations and designated drop locations identified by the California
Highway Patrol (CHP). The Scope of Services (Section 2.0) hereunder identifies the
specific limits, number of tow trucks, number of back-up trucks, hours of operation, and
tentative holidays on which the cost of each beat shall be based. RCTC reserves the
right to add or delete holidays to the work schedule. Travel time to and from the Beat
will be at the expense of the Contractor.
To be awarded a contract, a Contractor must have a tow facility within close
proximity to the service area, have been in business as a tow service operator for
a minimum of five (5) years, and have a minimum of one (1) full year experience
working under contract/agreement and in good standing within the last three (3)
years with any type of law enforcement agency.
A Contractor with no prior FSP experience shall be considered NEW and may only be
awarded one FSP beat. A Contractor that has been terminated for cause from any FSP
contract within the state shall not be eligible to participate in the Riverside County FSP
program. A NEW Contractor, who remains in good standing, as determined by FSP
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management, may be considered for additional beat awards in future procurements. An
existing Contractor that is not in good standing as determined by information received
by the FSP management staff at the time of their proposal may, at the discretion of FSP
management, be limited to the number of beats the Contractor is awarded, including not
being awarded any beats.
FSP Management Staff reserves the right to limit the number of beats awarded to
one Contractor.
At any time during the contract's term, RCTC reserves the right to adjust Beat
specifications and Beat hours to better accommodate demand for the service, or the
availability of funding. These changes can occur during the course of the contract
through written change orders. If warranted during the service hours of operation, the
Contractor may be requested to temporarily reassign his/her FSP operators/trucks to
locations outside its assigned Beat. Tow Operators may be permitted to do this only
upon CHP and/or RCTC approval. FSP vehicle operators shall follow the instructions of
the CHP officer at the scene of any incident within the scope of the FSP program.
The contract start date for 35 shall be February 1, 2024. The first day of FSP service
is Thursday, February 1, 2024. These are 5-year contracts that expire on January
31, 2029.
If awarded a contract, the Contractor shall have one hundred eighty-eight (188) calendar
days for Beat 35, after the notice of award (notice of award tentatively expected on or
around July 12, 2023), in which to acquire the required equipment and hire and train
vehicle operators. The Contractor shall have the appropriate number of primary and
back-up trucks ready for equipment installation and CHP inspection no later than
January 16, 2024. Any company that cannot meet the above-mentioned requirements
shall not be awarded the contract(s).
2.0 Beat Description/Summary
FSP operates on selected freeway segments referred to as “beats”. Each beat has
specific turnaround locations and designated drop locations identified by the CHP. The
specific limits, number of tow trucks, number of back-up trucks and hours of operation,
including the holiday schedule, are detailed below. SAFE reserves the right to add or
delete holidays to the work schedule, provided that SAFE provides CONTRACTOR
seven (7) days advanced notice of such addition or deletion. Travel time to and from the
beat will be at the expense of the CONTRACTOR.
At any time, SAFE reserves the right to adjust beat specifications to better accommodate
demand for the Services, or availability of funding. These changes can occur during the
course of this Contract through written change orders. If warranted and during the hours
of operation of the Services, the CONTRACTOR may be requested to temporarily
reassign his/her FSP operators/trucks to locations outside the assigned beat.
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FSP
Beat
#
Beat Description
One-Way
Length
in Miles
# Primary
FSP Trucks
in both AM
and PM
#
Backup
FSP
Trucks
35 I-15 from SR-74 to Temecula
Parkway/79S 18.9 2 1
2.1 Hours of Operation:
Monday through Thursday: 5:30 a.m. to 8:30 a.m., and from 2:30 p.m. to 6:30 p.m.
Friday: 5:30 a.m. to 8:30 a.m., and from 12:30 p.m. to 6:30 p.m.
Each Beat requires at least one backup truck available at all times. RCTC
reserves the right to change Beat hours and operational requirements
during the course of the contract.
a. Total estimated service hours per vehicle/per year: 1,950
b. In addition to the above service hours, at the discretion of RCTC and CHP,
additional service may be requested on certain “high traffic days” on/or
following certain holidays (e.g. July 4th, Labor Day, and Memorial Day).
Contractor will be notified at least one week prior to when this service is to
be provided.
During FSP shifts that require a 30-minute meal period break to be provided pursuant to
Labor Code section 512, the Contractor shall either make arrangements for another
certified FSP driver to provide the contracted FSP coverage during those breaks or not
be compensated for each 30-minute meal period break during which FSP service is not
provided. In no case shall the Contractor be entitled to compensation from RCTC for
time during which its FSP driver is taking a 30-minute meal period break, unless the
Contractor has provided another driver to cover this 30-minute meal period break.
2.2 Holiday Schedule
Proposer shall submit its cost proposal for provision of the required FSP tow
services five days each week, Monday through Friday, of each year during the
contract term, except for the following ten (10) holidays:
1. Martin Luther King, Jr. Day (Monday)
2. Presidents’ Day (Monday)
3. Memorial Day (Monday)
4. Independence Day (July 4 - varies)
5. Labor Day (Monday)
6. Veterans Day (varies)
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7. Thanksgiving Day (Thursday)
8. Day after Thanksgiving (Friday)
9. Christmas Day (December 25 - varies)
10. New Year’s Day (January 1 – varies)
3.0 FSP Management and Representatives
RCTC has entered into a Memorandum of Understanding with the California Department
of Transportation (Caltrans) and CHP, in order to provide peak hour freeway service
patrols on selected freeway segments for traffic mitigation, as well as air quality
improvement within Riverside County. RCTC, Caltrans, and CHP will jointly oversee the
service. RCTC serves as the contract administrator and funding partner; Caltrans
provides oversight; and CHP is responsible for the daily operations and field supervision
of the program.
Authority for FSP derives from (a) Section 21718 (A) of the California Vehicle Code,
which allows FSP trucks supervised by the CHP to stop on freeways for the purpose of
rapid removal of impediments to traffic, and (b) Article 3, Section 91, of the Streets and
Highways Code, which states that Caltrans is responsible for traffic management and
removing impediments from the highways, as well as improving and maintaining the
state highways.
3.1 Standard Operating Procedures
The guidelines and policies of the FSP program, which promote a safe work environment
and maintain a level of professionalism, are contained in the Standard Operating
Procedures (SOP) manual developed by the CHP. The SOP and any updates to it are
incorporated into the contract with RCTC, therefore, the Contractor and their vehicle
operators are responsible to operate and adhere to the most recent version of the SOP
at all times.
Contractor shall be held responsible for maintaining an updated SOP (latest version
issued with the RFP), which is incorporated herein by reference. SOP revisions and
updates shall be unilaterally issued by RCTC or CHP, as deemed necessary by CHP or
the FSP Technical Advisory Committee, and all changes, revisions and updates to the
SOP, if any, shall supersede all previous or existing SOPs. A copy of the SOP is included
as part of the original RFP package and additional hard or soft copies can be provided
to all interested parties upon request.
Vehicle operators or trucks found not to be in compliance with FSP procedures
defined in the SOP may be penalized, suspended, and/or terminated from the FSP
program and the company may also be assessed liquidated damages amounts for
said violations as described herein. Liquidated damages are inclusive of other
remedies at law and/or those described under the terms of the contract.
Refer to Proposal Pricing Form for further details on violations and penalties.
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4.0 Vehicles
4.1 Tow Truck Requirements
Primary and back-up FSP tow trucks shall be exclusively dedicated to the FSP program
during FSP service hours of operation. They are not required to be exclusive during non-
FSP hours. All vehicle maintenance activities shall be conducted during non-Service
hours. When conducting the Services on a FSP shift, the CONTRACTOR’s vehicle
shall display all FSP markings and the vehicle operator shall wear a FSP uniform.
The FSP will utilize, at a minimum, Class A tow trucks with a minimum gross vehicle
weight rating of 14,000 pounds, dual wheel chassis, and a four (4) ton recovery
equipment rating. All trucks proposed for use in the FSP Program must be less than one
(1) year old with a maximum of 50,000 miles on the chassis and working parts of the
truck at the onset of the contract, free of any mechanical defects or physical damage and
have a clear (non-salvage) title. Extenuating circumstances dictating departure from this
specification should be at the consensus of the local FSP partners. The CHP, in
conjunction with Caltrans or the regional transportation agency, should verify the original
purchase dates to ensure compliance. Lastly the truck shall have seating capabilities for
five (5) adults.
All FSP tow trucks must be Department of Transportation (DOT) compliant, as well as
California Air Resources Board (CARB) compliant. This includes an engine that has
been certified by CARB, as required by law in the State of California. Any tow truck that
is utilized for the FSP Program must comply with emission standards set forth by DOT
and CARB, as well as all local, state, and federal laws associated with that truck and as
outlined in the RFP.
Each tow truck shall be equipped in accordance with the CHP’s Freeway Service Patrol
Manual and Standard Operating Procedures Manual and, at a minimum, shall include
the following:
a. Equipment & Supplies (Required)
1. Wheel lift towing equipment, with a minimum lift rating of 4,000 pounds, with
wheel lift extended. All tow equipment shall include proper safety straps.
2. Boom with a minimum static rating of 8,000 pounds.
3. Winch Cable - 8,000 pound rating on the first layer of cable.
4. Wire rope – 100ft., 3/8 inch diameter, 6 x19 or OEM specifications.
5. Two (2) Tow chains 3/8" alloy or OEM specs., J/T hook assembly.
6. Rubber faced push bumper.
7. Mounted spotlight capable of directing a beam both front and rear.
8. Amber warning lights with front and rear directional flashing capability, with
on/off switch in cab.
9. Public address system.
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10. Power outlets ("hot boxes"), front and rear mounted, with outlets compatible
to 12-volt booster cables.
11. Heavy duty, 60+ amp battery.
12. Radios with the ability to communicate with the Contractor's base office
(Verizon).
13. Programmable scanners capable of scanning between the 39 and 48 MHz
used by the CHP. Scanners need to be capable of scanning CHP Police
frequencies, and must be mounted for safety concerns.
14. Suitable cab lighting.
15. Trailer hitch capable of handling a 1 7/8-inch ball and 2 inch ball.
16. One (1) 1 7/8-inch ball and one (1) 2 inch ball.
17. Rear work lights. (4)
18. Safety chain D-ring or eyelet mounted on rear of truck.
19. Motorcycle straps. (2)
20. Diesel fuel in plastic jerry cans. (5 gallons)
21. Unleaded gasoline in plastic jerry cans. (5 gallons)
22. Safety chains min. 5ft. min. 5/16” Alloy or OEM Spec. (2)
23. First aid kit (small 5" x 9"). (1)
24. Fire extinguisher aggregate rating of at least 4 B-C units. (1)
25. Pry bar - 36" or longer. (1)
26. Radiator water in plastic container. (5 gallons)
27. 4" x 4" x 48" wooden cross beam. (1)
28. 4" x 4" x 60" wooden cross beam. (1)
29. 24" wide street broom. (1)
30. Square point shovel. (1)
31. Highway flares 360 minutes min.
32. Cones 18" height, reflectorized with tape.
33. Hydraulic Floor Jack: 2-ton AND
34. 2-ton jack stand
35. Wheel chock
36. Four-way lug wrench (1 std.). (1)
37. Four-way lug wrench (1 metric). (1)
38. Rechargeable compressor or refillable air bottle, hoses and (1)
fittings to fit tire valve stems, 100 psi capacity.
39. Flashlight and spare batteries. (1)
40. Flashlight and spare batteries or charger (1)
41. Tail lamps/stop lamps, portable remote with extension cord. (1 set)
42. Booster cables, 25 ft. long minimum, 3-gauge copper wire (1 set)
with heavy-duty clamps and one end adapted to truck's
power outlets.
43. Funnel, multi-purpose, flexible spout. (1)
44. Pop-Up dolly (with tow straps), minimum rating of (1)
3,900 pounds portable for removing otherwise un-towable
vehicles.
45. Dolly steel pry bar (1)
46. 5-gallon can with lid filled with clean absorb-all. (1)
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47. Empty trash can with lid (5 gallon). (1)
48. Lock out set. (1)
49. Safety glasses.
b. Equipment & Supplies (Recommended)
50. Towing slings rated at 3,000 pounds minimum. RECOMMENDED
51. Sling crossbar spacer blocks. RECOMMENDED (2)
c. Tools (Required)
Each FSP truck will be required to have a toolbox with the following minimum number of
tools/supplies. A tool kit for small equipment items is required. The list may be
supplemented at the Contractor's option and expense.
52. Screwdrivers--
i. Standard-1/8", 3/16", 1/4", 5/16" (1 each, min).
ii. Phillips head - #1 and #2 (1 each, min).
53. Needle nose pliers (1)
54. Adjustable rib joint pliers, 2" min. capacity (1)
55. Crescent wrench - 8" (1)
56. Crescent wrench - 12" (1)
57. 4 lb. hammer (1)
58. Rubber mallet (1)
59. Electrical tape, roll (1)
60. Duct tape, 20 yard roll (1)
61. Tire pressure gauge (1)
62. Mechanic's wire (roll) (1)
63. Bolt cutters (1)
4.2 Tow Truck Appearance
FSP vehicles bearing the FSP title, logo, and vehicle identification number shall be
painted white (includes the hood, fenders, doors, boom, and bed area – the entire truck
is to be painted white). No trim is allowed. Lettering shall be in a blocked bold style
parallel to the ground and shall be no less than 2 inches by 2 inches and no greater than
4 inches in height. Lettering can only be black in color (no other colors will be permitted).
Letters shall be placed on the lower body of the truck toward the cab. Contractor’s name
on the boom is prohibited. The overall look of the truck must be approved by CHP prior
to service implementation; therefore, any questions regarding this policy may be
discussed with CHP prior to implementing, as truck compliance with current state FSP
standards is required. No other accessory equipment, signage, or advertisements (mud
flaps, stickers, employment advertisement, and so forth) shall be mounted or installed
without prior CHP approval. This includes, but is not limited to: bras or window tint.
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It shall be the vehicle operator’s responsibility to place detachable FSP markings on each
vehicle during FSP service hours and to remove the detachable markings immediately
upon completion of each shift. RCTC will supply each Contractor with the appropriate
number of detachable markings for each Beat(s). If a marking is lost or damaged, the
Contractor shall be responsible for the cost of the replacement markings. All FSP
markings shall be returned at the termination of the contract. The cost of any RCTC
and/or Caltrans/CHP supplied item and/or equipment not returned shall be deducted
from the Contractor's final payment.
FSP markings, as well as vehicle numbers, shall be required on both sides of all trucks.
The detachable markings (magnetic FSP signage) provided by RCTC, must be placed
on the center of the driver and passenger doors of the vehicle. The vehicle operator
shall be required to keep the title and logos clean, straight, and in readable condition
throughout the FSP shift. The operator is also required to keep the magnetic signage
flat (do not bend in any way), clean, and out of direct sunlight while being stored during
non-FSP operational hours.
4.3 Vehicle Inspections
Prior to commencement of service, the CHP will inspect each vehicle designated for the
FSP to ensure that it meets the vehicle specifications and to ensure that it meets or
exceeds safety requirements. These inspections will occur prior to the start of service.
Succeeding inspections will occur periodically as determined by the CHP.
Documentation of the vehicle identification number and successful completion of the
inspection will be kept on file at the CHP office and Contractor's base office.
Any unsafe, poorly maintained, or improperly equipped vehicle(s) shall be removed from
service, and if discovered to be in such a condition during the shift said vehicle(s) shall
be removed from service or repaired as directed by the CHP, and the Contractor shall
be fined three (3) times the hourly contract rate in one (1) minute increments for
the remainder of that shift, plus the loss of revenue for the down time. Spare
vehicles, also known as “back-ups”, will be required to complete the shifts of vehicles
removed from service. The Contractor will be required to have a spare FSP vehicle
available for service for the duration of each and every FSP shift.
The vehicle operator shall be required to complete a pre-operation shift inspection log of
the vehicle as well as inventory the required equipment prior to the start of each and
every shift. The vehicle operator shall be required to complete a driver log, which is used
to track the mileage. A shift inspection/inventory log shall be completed by the vehicle
operator prior to the start of each shift and be available for inspection. Any item missing
must be replaced prior to the start of the shift. All equipment stored on top of the truck
shall be secured to the truck.
4.4 Spare/Back-Up Vehicles
The Contractor shall be required to have one FSP Certified Back-Up tow truck available
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per Beat during FSP service hours that is in full compliance with the agreement, unless
otherwise authorized by RCTC and CHP in writing. During FSP service hours, the spare
vehicle shall be kept at the Contractor’s yard or staged adjacent to the assigned beat.
The FSP Certified Back-Up tow truck should be used when a Certified Primary FSP tow
truck is unavailable. The FSP Certified Back-Up tow truck shall meet the same
requirements for equipment, set-up, and color as the Certified Primary FSP tow truck. It
shall meet all the vehicle equipment specifications. Refer to Attachment H for further
details on violations and penalties.
4.5 Vehicle Breakdown and Other Missed Service
The spare vehicle must be in service on the Beat within 45 minutes of the time a
permanently dedicated vehicle is taken out of service for any reason. The Contractor
shall not be paid for the time period that the contractually required trucks are not in
service. If a vehicle is not made available within the required 45-minute time
period, the Contractor shall be fined three (3) times the hourly contract rate in one
(1) minute increments for every minute that exceeds the 45 minute replacement
period until a certified FSP compliant spare/back-up vehicle is provided. If a truck
is not ready due to breakdown at the start of a shift, the fine time will be calculated
from the start of the shift until a replacement is placed into service. If the entire
shift is missed, Contractor shall be fined for the entire shift at three (3) times the
hourly rate times the total minutes for the affected shift.
Vehicle maintenance shall be performed during non-FSP service hours. In
addition, not having a certified FSP “spare or back-up” vehicle operator available
is not an allowable excuse for not having a spare (back-up) vehicle on the beat
within the 45-minute time period. If the Contractor does not have a dedicated or
spare truck on the Beat because a certified FSP vehicle operator is not available,
the Contractor shall be fined three (3) times the hourly contract rate in one (1)
minute increments until a certified FSP replacement vehicle operator is provided.
If the entire shift is missed because a vehicle operator was not available, the
Contractor shall be fined for the entire shift at three (3) times the hourly rate times
the total minutes for the affected shift.
5.0 Communications Equipment and Computers
5.1 Communications Equipment
Each FSP vehicle shall be equipped with various communication devices that will enable
the vehicle operator to communicate with the CHP Communications Center. All vehicles
shall be equipped with an Automatic Vehicle Location (AVL) system, radios, and Data
Collection Devices (DCD). The AVL system, radio, and DCD equipment shall be
purchased, owned, and supplied by RCTC. RCTC shall select the equipment installation
vendor.
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The Contractor shall be responsible for maintaining the security of the vehicle
communication equipment provided by RCTC. The Contractor shall be liable for any
damage to the RCTC-owned communication equipment. The Contractor shall also be
liable for the full replacement value of the communication equipment installed in the
trucks while in the care, custody, and control of the equipment. RCTC will deduct repair
fees as well as the full replacement cost of any RCTC equipment due to improper use or
negligence by the Contractor, from any payment due to the Contractor. RCTC-supplied
vehicle communications equipment shall be returned in full working condition upon
contract termination. The cost of any equipment not returned within a reasonable time
period shall be deducted from the Contractor's final payment.
Programmable scanners capable of scanning between the 39 and 48 MHz used by CHP
shall be supplied by the Contractor and shall be installed (mounted) in all vehicles.
The Contractor is also required to use Verizon wireless cell phones with push-to-talk-
plus capability, or equivalent, for communications with the CHP Communications Center
and the CHP Field Supervisor. Wireless cell phones shall be purchased and maintained
by the Contractor. The Contractor will also be responsible for all operating costs as
well. In addition, tow operators are not permitted to take pictures, video, or capture any
other images while performing FSP duties during FSP operational hours. These actions
will not be tolerated and a vehicle operator may be terminated if it is discovered they
are doing so.
In addition, any input of data into the DCD shall not be allowed while the vehicle is being
operated/driven. Use of other devices while driving/operating a vehicle such as cell
phones is prohibited by California State Law.
The FSP vehicles shall be equipped with a public address system. The public address
system shall have the capability for the driver of the disabled vehicle to hear instructions
transmitted from the cab of the FSP vehicle when the FSP vehicle is directly to the rear
of the disabled vehicle.
5.2 Computer Equipment
The Contractor must have and maintain a desktop computer workstation with high-speed
internet access and email to communicate with RCTC staff.
The Contractor must ensure that the DCD equipment is inspected and cleaned on a
quarterly basis, or more frequently if needed. All DCD equipment should have the
exterior protective case cleaned (protective outside case) and screen protector shall be
inspected for functionality and serviceability. Worn items shall be immediately reported
to RCTC.
All DCD equipment must be kept in a secure location. During non-FSP operational
hours, DCD equipment shall not be left in a tow vehicle or go home with a vehicle
operator or anyone else. All DCD equipment must be in a designated charging area
59
at the tow operator’s facility during non-FSP operational hours. The DCD equipment
shall always have enough charge to complete each shift. In order to reduce instances
of technology glitches, the DCD equipment shall be turned off/turned on at least once
per week. DCD equipment is to be with the vehicle operator in their FSP truck during
FSP operational hours. Any other location shall not be permitted.
The Contractor shall immediately report any issues with the workstation or the DCD
equipment to the RCTC FSP Program Manager or one of the FSP CHP Officers.
Contractor is directly responsible to ensure their computer workstation is operating and
has internet access at all times – this is a contract requirement.
The Contractor shall provide access to the DCD equipment for RCTC staff, or their
designated designee, at any time during the course of the Contract. In addition, the
Contractor shall also make the workstation available to RCTC, or its designee, 30
calendar days prior to the start of the new service.
The Contractor shall provide an annual inspection report to RCTC indicating the status
of all equipment. RCTC will provide the submittal form. Tow operators should consider
the accurate completion and timely return of this form as part of their contract
requirements.
5.3 Equipment Tampering
Tampering with FSP communication/tracking equipment so that it does not function
properly to RCTC’s specifications, and/or is disconnected or moved (without FSP
Management authorization) from its original installed location is strictly prohibited. This
includes but is not limited to: breaking evidence tape/connection sealer on equipment
connections, cutting wires or cables, moving mounted equipment (speakers,
microphones, antennas, etc.), rerouting any wiring, disconnecting any connectors,
Contractor/subcontractor unintentionally altering equipment or connections to equipment
during vehicle maintenance or repair, or interfering with the operations of the equipment.
If tampering is suspected, FSP Management may conduct an inspection of the
equipment on the Beat or the vehicle may be sent to a designated location determined
by FSP Management.
1. If tampering is found while the vehicle is used during FSP operational hours, the
vehicle operator and vehicle will be immediately taken out of service and the
Contractor shall be fined in one (1) minute increments at three (3) times their
hourly rate, until such time that the back-up truck is deployed. Please note that
if tampering is discovered, the penalties (three times the hourly rate in one
minute increments) shall begin immediately upon the discovery of the
tampering. The normal 45-minute back-up truck time allowance will not be
considered “non-penalty” time under these circumstances. The penalties shall
begin immediately upon the tampering being discovered.
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2. If the vehicle is suspected to have equipment that has been tampered with, it
may be sent to a designated location determined by FSP Management and CHP
for an inspection. If tampering is found, the Contractor will be retroactively fined
three (3) times the hourly rate in one (1) minute increments from the time the
tampering was first suspected. The penalties will continue until a certified FSP
back-up truck is deployed. The normal 45-minute back-up truck time allowance
will not be considered “non-penalty” under these circumstances.
Tampering Repairs
If tampering is discovered during FSP operational hours, the vehicle will be taken out of
service and will remain out of service until the repair and the documentation can be
completed by the FSP Program designated technician. FSP Management determines
the designated technician. The transportation, labor, and repair costs will be the
responsibility of the Contractor. Costs incurred to repair and document the equipment
will be deducted from the Contractor monthly invoice.
Tampering Penalties
The Contractor will also be assessed a $250 fine (whether the tampering is discovered
while on the Beat, or if it was suspected and later confirmed) per incidence on their
monthly invoice. If it is determined that the vehicle operator tampered with the
equipment, the vehicle operator will be suspended for a minimum of 30 days for the initial
tampering offense and subject to termination from the FSP Program for any subsequent
tampering violations.
6.0 Contractor Responsibilities
6.1 Appearance at Hearings
If and when required by SAFE, Contractor shall render assistance at public hearings or
other meetings related to the performance of the Services.
6.2 Damage Complaints
Upon receiving a damage complaint from a motorist assisted by the Contractor, that the
Contractor damaged their vehicle while lending assistance, the Contractor shall notify
CHP immediately regarding the nature of the damage complaint and its disposition. The
Contractor shall reply to the motorist by telephone within twenty-four (24) hours of
receiving the damage complaint notification from CHP. If necessary, the Contractor shall
send either his or her authorized representative or his or her insurance company
representative to inspect the vehicle and complete an incident report within forty-eight
(48) hours after receiving the damage complaint. If the investigation shows that damage
to the vehicle could have been caused by the Contractor, the Contractor shall negotiate
in good faith to try and resolve the issue and shall report to CHP the result of the
negotiations. All complaints shall be resolved within a reasonable time-period after being
received.
6.3 Complaint Review Committee
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The FSP Technical Advisory Committee (“FSP TAC”) is composed of voting members
from CHP, SAFE, and Caltrans. Voting members of the FSP TAC are hereby designated
as the members of the Damage Complaint Review Committee (“DCRC”). If the DCRC
finds that justifiable complaints are not resolved within a reasonable timeframe, it can
recommend that payment to the Contractor in the amount of the damage claim may be
deducted from the Contractor monthly invoice.
6.4 Trend Meetings
Contractor shall attend, or send a designated management-level representative, to all
trend meetings (i.e. required FSP TAC meeting which meets every other month). These
trend meetings will encompass focused and informal discussions concerning, but not
limited to: scope, Services, schedule, current progress of Services, relevant cost issues,
and future objectives. Contractor shall be responsible for having a representative attend
all meetings (i.e. FSP TAC meetings) that has the ability to make management-level
decisions on the behalf of the Contractor. If the Contractor cannot have a management-
level representative at a meeting, Contractor shall notify SAFE and CHP prior to the
meeting. Management-level attendance at these meetings shall be considered part of
the Contractor’s contractual responsibility. Meetings are scheduled, and Contractor will
be notified of such schedule, no later than three (3) working days prior to the meeting.
7.0 Vehicle Operators
7.1 Operator Qualifications and Performance
All potential vehicle operators shall be required to have a safe driving record and, at a
minimum, a valid Class C driver's license. All vehicle operators shall be 18 years of age
or older at the time of background check. Potential vehicle operators shall be subject to
driving record and criminal background checks through the California Highway Patrol.
Potential vehicle operators shall be sufficiently experienced in the tasks of tow truck
operations and proficient with all required Freeway Service Patrol equipment to provide
safe and proper service. Any certified vehicle operator from other FSP areas will be
evaluated on a case-by-case basis. All potential vehicle operators must be capable of
demonstrating their tow operating abilities prior to formal CHP training, also known as
proficiency testing.
Additionally, the vehicle operators will be required to exercise good, sound judgment in
carrying out their duties. Vehicle operators shall be required to inform the CHP
Communications Center any time they leave the assigned Beat. This includes breaks
and replenishing expendable items, such as: gasoline, fire extinguisher, etc. The vehicle
operator shall be required to immediately notify the CHP Communications Center upon
a tow truck breakdown.
FSP vehicle operators will be responsible for accurately entering the required data into
DCD equipment every shift. Each FSP vehicle operator shall complete an inspection
worksheet prior to the commencement of driving the tow truck and a mileage log prior to
62
beginning service on the Beat. The FSP vehicle operator shall be required to complete
an assist record for each incident. Each assist record should be accurate. Contractors
or Operators providing false or misleading information to FSP Management shall be
subject to disciplinary action and will be handled on a case-by-case basis.
FSP vehicle operators shall always complete the required procedures per the SOP when
handling required forms. No duplicate survey numbers should be entered into the DCD
equipment at any time. Vehicle operators are required to complete in their entirety the
Release of Liability form and Damage Release form when applicable. These completed
forms should be handed in to RCTC at a minimum every 60 days. If it is discovered that
a vehicle operator has entered duplicate survey numbers, not properly completed the
release forms, or not turned the release forms in timely, the Contractor may be subject
to penalties as outlined in Proposal Pricing Form.
CHP, Caltrans, and RCTC maintain strict drug and alcohol policies. Contractors shall
have an alcohol and drug program that includes at a minimum, a drug and alcohol free
workplace policy and an employee alcohol/drug-testing program. Any FSP vehicle
operator found working under the influence of drugs or alcohol shall be immediately
removed from the FSP program by the Contractor. The Contractor shall be responsible
for providing a certified replacement vehicle operator for that vehicle.
The Contractor shall be an active participant in the DMV Pull Notice Program.
If a vehicle operator is convicted of a crime involving a stolen vehicle, stolen property,
violence, drugs, or moral turpitude, fraud related to the towing business, or misdemeanor
or felony driving while under the influence of alcohol or a drug, the Contractor shall
permanently remove that vehicle operator from duties under the FSP program. If a
vehicle operator is charged with any of the above crimes, the Contractor shall
immediately suspend that vehicle operator from duties under this program pending the
outcome of the criminal case. If the vehicle operator is not convicted, or is ultimately
convicted of a lesser crime not described above, RCTC retains the right to have the
Contractor remove that vehicle operator from the duties under the FSP program.
7.2 Operator Training
At the Contractor’s expense, all company owners, FSP vehicle operators, and back-up
vehicle operators shall be required to present a certificate of completion of a SHRP
2/TIMS training course and to complete the CHP two-day training program which costs
approximately $50.00 per vehicle operator (fee is for the DL64 Tow Truck Driver
Certificate and fingerprinting). Contractors shall pay all FSP operators and back-up
vehicle operators for attending the training. No vehicle operator will be allowed to begin
patrolling without meeting the requirements set forth in the SOP. Any vehicle operator
who is found on patrol not meeting the requirements may be prohibited from further FSP
service and the Contractor’s contract may be terminated immediately.
63
Mandatory CHP refresher training classes shall be attended. A minimum of four (4)
hours refresher training per year shall be required (at Contractor’s expense).
Contractors shall pay all FSP vehicle operators and back-up vehicle operators for
attending the required training.
Vehicle operators will be required to utilize DCD equipment to input information about
mileage, inspection, and each assist, which will include: location, vehicle make, model,
license number, type of assistance provided, etc. Vehicle operators will be trained on
using DCD equipment to enter data.
7.3 Operator Driving Record and Criminal History Check
As required by California Vehicle Code Section 2340, all applicants and owners are
required to have a driver’s license and criminal history check. Only after a completed
CHP 234F is received and accepted by CHP, a driver’s license and preliminary criminal
history check will be performed.
The driver’s license check will consist of confirming that the applicant has a valid driver’s
license and the applicant’s point count is within standards set forth in this SOP (refer to
Chapter 11, Annex A).
The preliminary criminal history check will consist of a preliminary background check to
determine if the applicant meets the criteria for a California Tow Truck Driver Certificate
as outlined in California Public Resources Code Section 5164, California Vehicle Code
Section 13377 and the FSP Contract. In addition, RCTC or the CHP may, in its sole
discretion, require an Employer to replace any vehicle operator or reject a potential
vehicle operator who it determines is not suitable to represent the FSP Program with the
public. If the applicant passes the preliminary criminal history check, the applicant shall
submit to fingerprinting.
Driver’s license and preliminary criminal history checks will be completed by CHP within
ten (10) working days of the acceptance of a CHP 234F.
7.4 Vehicle Operator Uniform
It shall be the responsibility of the Contractor to provide the vehicle operator with
specified uniforms, black protective toe boots, nameplate, gloves and other equipment.
The equipment includes navy blue coveralls or navy blue shirts and pants. If coveralls
are worn, they shall have a collar with a zip front. Optionally, drivers may wear a standard
navy blue (long-sleeve only) uniform shirt, with a fluorescent orange (must be only 2.5”
wide) trim, with a ½” silver reflective tape down the middle. This allowed reflective tape
must be on both sleeves. All uniforms shall be clean, properly maintained, and replaced
whenever excessively worn.
Sleeves and pant legs shall be moderately tapered to avoid excessive fullness.
A safety vest with reflective stripes shall be worn and supplied by RCTC. RCTC will
64
supply vests with the FSP logo patches already sewn on per CHP’s required patch
placement locations. A FSP logo patch is not required to be sewn on the navy blue FSP
vehicle operator uniform.
A detachable brass or gold nameplate shall be worn with the first initial of the first name
and full last name. Letters shall not exceed ½” tall. The nameplate shall be worn above
the right chest pocket on the safety vest. The Contractor is responsible for obtaining
FSP CHP approval of the driver nameplates, and the Contractor is responsible for the
purchase and replacement of the FSP vehicle operator nameplate.
All FSP vehicle operators shall wear general duty black work boots with protective (steel
or composite) toe.
During cold weather, a navy blue sweater or sweatshirt may be worn under the uniform
shirt/coveralls. As an option, a navy blue jacket may also be worn, if it meets all the
uniform specifications and is worn under the safety vest. Rain gear, if worn, shall be
waterproofed material and navy blue or yellow in color.
Hats, if worn, shall be baseball-type caps and navy blue in color. An "FSP" logo patch
may be sewn on the hat above the brim. No other logos/names shall be accepted. A
beanie may also be worn which must be navy blue in color and worn only with a jacket
or long sleeve shirt under the vest.
Contractor should refer to the most current SOP to ensure they are following the
most recent requirements. SOP revisions and updates shall be unilaterally issued by
RCTC, as deemed necessary by RCTC management, and all changes, revisions and
updates to the SOP, if any, shall supersede all previous or existing SOPs. A copy of the
SOP is included as part of the original RFP package.
7.5 Local Office
The Contractor shall provide a local office for contract administration purposes. This
office shall be staffed by either the Contractor or a person who has the authority to
conduct business and make decisions on behalf of the Contractor. The office shall have
business hours coinciding with Contractor's Beat(s) hours of operation. Through the
Proposal document shown in the Contractor Representative Form, the Contractor shall
designate representatives who will be available at the office during hours of operation to
make decisions on behalf of the Contractor. The office shall be established within close
proximity to the Contractor's Beat(s) and the County of Riverside. Also note in the Scope
of Services, Section 4.4, a backup vehicle and a certified FSP vehicle operator must
be available within a 45-minute request of the Beat area.
This requirement may also determine if the local office is close enough to satisfy the
requirements under this section.
The Contractor shall also provide telephone and email through which he/she, or a
responsible representative who has the authority to conduct business and make
65
decisions on behalf of the Contractor, can be contacted during the non-service hours of
operation for the length of the contract. During non-business hours, an answering
machine provided at the Contractor's expense, shall be available to log calls, take
complaints, etc. An email address that is monitored daily shall be provided for
notification purposes during operational and non-service hours. The Contractor will be
responsible for having a company representative monitor and review messages/notices
on a daily basis.
7.6 Remedies and Liquidated Damages
RCTC has a need to deal contractually with a range of failures by Contractors to meet
contractual standards and requirements short of suspension or termination. Failure to
meet contractual standards and requirements constitute a default under the contract and
is subject to the various remedies provided in the contract, up to and including
termination of the contract.
It is clear that any default that is related to service or contractor’s readiness for service
will either degrade service or lead to the degradation of service. The failure to meet
contractual standards and requirements, therefore, causes damages to the FSP program
and its participants (RCTC, CHP and Caltrans) and to the public being served by the
FSP program. Because of the public service nature of the mission of the FSP, described
generally in the Standard Operating Procedures (SOP), to keep traffic and commerce
flowing on the regional freeways, the damages arising from contractor’s failure to meet
the contractual standards and requirements are impractical or extremely difficult to
ascertain on an individual basis.
The contract has therefore established a series of remedies to attempt to deal with a
range of defaults. The most egregious default will result in suspension or termination.
Lesser defaults will result in the assessment of liquidated damages. These lesser
remedies have been described in the SOP as fines, violations or penalties. This is not a
correct characterization of the intent of the remedies. The remedies arise because the
contractor is in default and the FSP and the public it serves is damaged by that default.
The remedies are to compensate FSP for its damages and to encourage compliance
with performance requirements of the contract.
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EXHIBIT “B”
Compensation and Payment
Regular Rate
Rate #
Evaluation Criteria
(Average Fuel Cost
Per Gallon)
Year 1 & 2
Rate
Year 3 & 4
Rate
Year 5
Rate
Base Rate $0.00 $ 109.50 $ 114.75 $ 119.25
1 $0.01 - $2.99 $ 142.00 $ 149.00 $ 155.00
2 $3.00 - $3.99 $ 143.00 $ 150.00 $ 156.00
3 $4.00 - $4.99 $ 144.00 $ 151.00 $ 157.00
4 $5.00 - $5.99 $ 145.00 $ 152.00 $ 158.00
5 $6.00 - $6.99 $ 146.00 $ 153.00 $ 159.00
6 $7.00 - $7.99 $ 147.00 $ 154.00 $ 160.00
7 $8.00 - $8.99 $ 148.00 $ 155.00 $ 161.00
8 $9.00 - $9.99 $ 149.00 $ 156.00 $ 162.00
9 $10.00+ $ 150.00 $ 157.00 $ 163.00
Average Rate $ 146.00 $ 153.00 $ 159.00
Rates for Construction FSP / Extra Work Using Existing Vehicles
Rate #
Evaluation Criteria
(Average Fuel Cost
Per Gallon)
Year 1 & 2
Rate
Year 3 & 4
Rate
Year 5
Rate
Base Rate $0.00 $ 120.75 $ 126.75 $ 131.25
1 $0.01 - $2.99 $ 157.00 $ 165.00 $ 171.00
2 $3.00 - $3.99 $ 158.00 $ 166.00 $ 172.00
3 $4.00 - $4.99 $ 159.00 $ 167.00 $ 173.00
4 $5.00 - $5.99 $ 160.00 $ 168.00 $ 174.00
5 $6.00 - $6.99 $ 161.00 $ 169.00 $ 175.00
6 $7.00 - $7.99 $ 162.00 $ 170.00 $ 176.00
7 $8.00 - $8.99 $ 163.00 $ 171.00 $ 177.00
8 $9.00 - $9.99 $ 164.00 $ 172.00 $ 178.00
9 $10.00+ $ 165.00 $ 173.00 $ 179.00
Average Rate $ 161.00 $ 169.00 $ 175.00
67
YuccaValley
Twentynine Palms
RanchoMirage
Palm Springs
LagunaNiguel
Aliso Viejo
LagunaWoods
IrvineNewportBeach
Placentia Yorba Linda
Chino Hills
Anaheim
Santa Ana
Tustin
PalmDesert
La Quinta
Indio
Desert Hot Springs
Coachella
CathedralCity
Wildomar
Canyon Lake
Lake Elsinore
Menifee
Eastvale
Temecula
LakeMathews
LakeElsinore
CanyonLake
LakePerris
VailLake
Murrieta
SanJacinto
Perris
MorenoValley
Hemet
BeaumontBanning
Ontario
Pomona
Upland
Walnut
San DimasLa Verne
Glendora
Claremont
RanchoCucamonga Fontana Rialto
San Bernardino
Highland
Norco
JurupaValley
Corona
Brea
Diamond Bar
Riverside
Calimesa
Diamond ValleyLake
S A N B E R N A R D I N O C O .
R I V E R S I D E C O .
RIV
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OR
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RIVERSIDE CO.
SAN DIEGO CO.
SAN BERNARDINO CO.
RIVERSIDE CO.
133
241
142
259
71
1
55
66
57
76
30
91
74
74 74
60
90
22
5
INTERSTATE
C A L I F O R N I A
210
INTERSTATE
C A L I F O R N I A
10
INTERSTATE
C A L I F O R N I A
215
INTERSTATE
C A L I F O R N I A
15
INTERSTATE
C A L I F O R N I A
10
INTERSTATE
C A L I F O R N I A
405
INTERSTATE
C A L I F O R N I A
73
371
111
243
247
74
62
79
79
38
15
INTERSTATE
C A L I F O R N I A
215
INTERSTATE
C A L I F O R N I A
60
10
INTERSTATE
C A L I F O R N I A
91
15
INTERSTATE
C A L I F O R N I A
60
215
INTERSTATE
C A L I F O R N I A
79
Beat 1
Beat 2
Beat 4
Beat 7
Beat 8
Beat 18
Beat 19
Beat 20
Beat 25
Beat 26
Beat 35
Express Lanes
ATTACHMENT 2
68
AGENDA ITEM 6D
Agenda Item 6D
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: July 12, 2023
TO: Riverside County Transportation Commission
FROM: Western Riverside County Programs and Projects Committee
Bryce Johnston, Senior Capital Projects Manager
THROUGH: Anne Mayer, Executive Director
SUBJECT:
Amendment to Agreement with Parsons Transportation Group to provide
Plans, Specifications, and Cost Estimates Services and Amendment to
Agreement with Falcon Engineering Services to provide Construction
Management Services for State Route 71/State Route 91 Interchange
Improvement Project
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF
RECOMMENDATION:
This item is for the Commission to:
1) Approve Agreement No. 11-31-110-17, Amendment No. 17 to Agreement
No. 11-31-110-00, with Parsons Transportation Group Inc. (Parsons) for preparation of
plans, specifications, and cost estimates (PS&E) for construction of State Route 71/State
Route 91 Interchange Improvements Project (Project), in the amount of $991,075, plus a
contingency amount of $110,000, for an additional amount of $1,101,075, and a total
amount not to exceed $15,268,100;
2) Approve Agreement No. 21-31-012-01, Amendment No. 1 to Agreement
No. 21-31-012-00, with Falcon Engineering Services Inc. (Falcon) for construction
management (CM) services, materials testing, construction surveying and public outreach
for the Project for an additional amount of $2,021,453, and a total amount not to exceed
$20,221,453;
3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute
the agreements on behalf of the Commission; and
4) Authorize the Executive Director or designee to approve the use of the contingency
amount as may be required for the project.
BACKGROUND INFORMATION:
The Project was identified and approved by the voters in 2009 as part of Measure A and was
included in the 2009 Measure A 10-Year Western Riverside County Highway Delivery Plan. The
Project will improve mobility on SR-91 and SR-71 by enhancing operations and the capacity of
the 71/91 interchange by constructing a new, direct connector ramp from eastbound SR-91 to
northbound SR-71 and reconfiguring the eastbound SR-91 ramp between Green River Road and
69
Agenda Item 6D
the 71/91 interchange. The Project is also included in the SR-91 Implementation Plan adopted
by the Commission.
On February 2, 2012, Riverside County Transportation Commission (Commission) awarded
Agreement No. 11-31-110-00 to Parsons to provide engineering services for the Project for a total
amount not to exceed $8,940,568. The PS&E package for this Project was originally approved in
March 2015. However, due to funding constraints the Project was postponed. Since that time,
the Commission has been acquiring right of way and relocating conflicting utilities required for
the Project in anticipation that construction funding would eventually become available.
On December 2, 2020, the California Transportation Commission approved Senate Bill 1 Trade
Enhancement Corridor Program (SB1 TCEP) funds for construction of the Project. The
Commission also programmed federal Surface Transportation Block Grant (STBG), State
Transportation Improvement Program (STIP), and 2009 Measure A Western County highways and
new corridors funds for the Project.
Subsequently, the PS&E package was updated to meet current standards, and an environmental
revalidation was completed. The final PS&E package was approved by Caltrans in June 2021, and
the environmental revalidation was approved by Caltrans on October 12, 2021.
On June 9, 2021, the commission awarded Agreement No. 21-31-012-00 to Falcon for CM services
for the Project and on October 12, 2022, the Commission awarded Agreement No. 20-31-042-00
to Skanska USA Civil West (Skanska) for construction of the project and full notice to proceed was
issued to Skanska on January 31, 2023.
DISCUSSION:
PS&E Services (Parsons) – Amendment No. 17
On February 2, 2012, the Commission awarded Agreement No. 11-31-110-00 to Parsons to
provide engineering services for the preparation of PS&E for the Project in the amount of
$8,136,031, plus a contingency of $804,537, for a total amount not to exceed $8,940,568. There
have been 16 amendments to the agreement with three amendments resulting in a change in
the original Commission authorization amount, the amendments were required to revalidate the
environmental documents, bring the plans to current Caltrans Highway Design Manual standards
prior to construction, and to implement various out of scope items that were the result of the
environmental revalidation and engineering tasks.
As the Project’s final design progressed, changes to the scope of work were required. To maintain
the Project’s schedule, staff issued amendments reallocating contract budget from construction
support services to cover these tasks.
The scope of work changes during the final design phase included:
• Soundwalls (Exhibit A): Prior to the original environmental document’s approval, property
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Agenda Item 6D
owner surveys identified that soundwalls were not required. The revalidation of the
environmental document triggered the resurvey of property owners, which resulted in a
need for soundwalls spanning seven properties. RCTC requested that Parsons add the
design of the soundwalls to SR-71/SR-91 project scope of work. The scope of this change
included the preparation of PS&E, right of way support, topographic survey, and
geotechnical investigations for the soundwalls. Estimated Cost of $364,720.
• Design Information Bulletin (DIB) 91 and CEM1302 Forms (Exhibit B): DIB 91 and
CEM-1302 were issued by Caltrans on June 25, 2021, which mandated all public works
projects with PS&E delivery on or after January 1, 2022, to include a Form CEM-1302. This
required that CEM-1302 forms be completed for all k-rail locations and work zones shown
on the traffic handling plans. This change included updating the traffic handling plans to
comply with DIB 91 and completing the CEM 1302 Forms for the k-rail design. Estimated
Cost of $24,437
• Determination of Biologically Equivalent or Superior Preservation Report (DBESP)
(Exhibit C): The original DBESP report assumed that the mitigation credits would be
purchased from Santa Ana Watershed Association (SAWA). However, since the Project
was placed on hold for a number of years, these mitigation credits were no longer
available. Parsons had to find a new compensatory mitigation, which was identified at
Riverpark Mitigation Bank and Soquel Canyon Mitigation Bank. Additionally, the site
conditions were changed since the original DBESP report was approved, California
Department of Fish and Wildlife (CDFW) required the determination of biologically
equivalent or superior preservation report be updated to document the compensatory
mitigation acquired for the project with the latest site conditions. Estimated Cost of
$28,195
The eastbound SR-91 to northbound SR-71 Connector is a three frame, 10-span bridge that
crosses both directions of travel on the SR-91, Santa Ana River, and the southbound direction of
the SR-71. A portion of the bridge spans the Prado Dam Spillway and is considered within United
States Army Corps of Engineers (USACE) jurisdiction. The construction activities within the Prado
Dam Spillway include drilling, shoring, piles installation, falsework, heavy lifting, and crane
operation.
Due to the Project location falling within USACE jurisdiction, it will require USACE direct
involvement including oversite of the construction activities and review and approval of all
related plans and calculations, to ensure the temporary and permanent construction operations
would not impact the integrity of Prado Dam Spillway. The construction submittals will be
reviewed by the following USACE departments, Reservoir Regulation, Construction, Hydrology &
Hydraulics, Design, Structural, and Geotechnical divisions.
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Agenda Item 6D
USACE estimated the cost of these services including project management efforts would total
$290,520 (Exhibit D), the cost is broken down as follows:
Environmental Resources: $ 20,500
Engineering Services/QA Support: $ 117,200
Engineering Services /USACE Monitor: $ 132,000
Real Estate Services: $ 20,000
Administrative Services: $ 820
$ 290,520
Parsons facilitated all coordination and payments with USACE during the design phase of the
Project and therefore RCTC requested Parsons to continue coordinating the efforts with USACE
during construction. The USACE costs will be included in the Parsons contract to ensure no
disruption or delay to the on-going construction operations.
Due to level of USACE involvement and to ensure sufficient funds available for USACE support
during construction, Parsons requested additional contingency in amount of $110,000 to cover
potential future USACE charges.
Additionally, this amendment includes funds for the following:
• Microwave Vehicle Detection System (MVDS): The design and construction of the MVDS
were originally planned to be a new project for RCTC Toll group. However, since
construction of SR-71/SR-91 Interchange Project was started and the MVDS system is
located within the project limits, it was determined that it would be more efficient to
add the design and construction of the MVDS to SR-71/SR-91 Interchange Project.
Estimated Cost $10,000.
• Additional project management and design support during construction: During the
bidding process the construction duration was extended to 575-working days due to
comments and concerns raised by the bidders. This resulted in an additional
100-working days for design support during construction. These 100 additional working
days were not anticipated in Parsons original scope of work and this amendment will
address these additional days for design support during construction. Estimated cost
$273,203.
Parsons estimated $991,075 is required to address these additional scope of services plus a
contingency of $110,000. These additional funds include the costs identified above as well as
USACE support during construction.
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Agenda Item 6D
Summary of Design Changes
Scope of Work Cost Estimate
Soundwalls $ 364,720
Design Information Bulletin (DIB) 91 and CEM 1302 Forms $ 24,437
Determination of Biologically Equivalent or Superior Preservation Report $ 28,195
Army Corps of Engineers $ 290,520
Microwave Vehicle Detection System $ 10,000
Additional Project Management and Design Support During Construction $ 273,203
Total Amendment No. 17 $ 991,075
Contingency for Army Corp of Engineers $ 110,000
Total Authorization for Amendment No.17 $ 1,101,075*
*Issuing this amendment will increase the existing contingency from $769,358 to $879,358.
CM (Falcon) – Amendment No. 01:
On June 09, 2021, the Commission awarded Agreement No. 21-31-012-00 to Falcon to perform
CM, materials testing, construction surveying services, and public outreach for the Project in the
amount of $16,756,467, plus a contingency amount of $1,443,533, and a total not to exceed of
$18,200,000. To address Caltrans’ pre-award audit findings, the contract was reduced by
$63,329. This resulted in the execution of the contract with Falcon in the amount of $16,693,138,
plus a contingency amount of $1,506,862, for a total not to exceed of $18,200,000.
The Project‘s CM contract was procured and awarded prior to the construction contract to allow
the CM to perform a constructability review of the design and to prepare for the start of
construction. The CM contract was originally awarded with the assumption of a 475-working day
construction contract duration. During the bidding process the construction contract duration
was extended to 575-working days due to comments and concerns raised by the bidders. This
resulted in an additional 100-working days for the CM contract. The additional working days
represent 21 percent of the original agreement duration. During the extended agreement
duration Falcon’s core staff, which will be managing the construction, will incur an additional cost
of $2,021,453 while other services, i.e., material testing and surveying services will remain
unaffected by the extension (Attachment 7).
Additional funds of $2,021,453 will be needed to ensure adequate budget remains in the CM
contract to manage the construction contract during the additional 100-working days.
FISCAL IMPACT:
PS&E Funding Sources (Agreement No. 11-31-110)
This amendment will be funded by the following fund sources:
73
Agenda Item 6D
• SB 1 - Local Partnership Program (SB1 LLP)
• STBG
CM Funding Sources (Agreement No. 21-31-012)
This amendment will be funded by the following fund sources:
• SB1 TCEP
• SB 1 - State Transportation Improvement Program (SB1 STIP)
• STBG
Budget Expenditure Schedule
FY 23/24 FY 24/25+ Total
PS&E $ 300,520 $ 800,555 $ 1,101,075
CM $ 2,021,453 $ 2,021,453
Total $ 300,520 $ 2,822,008 $ 3,122,528
Financial Information
In Fiscal Year Budget: Yes Year: FY 2023/24
FY 2024/25+ Amount: $300,520
$2,822,008
Source of Funds: STBG, SB1 LPP, SB1 TCEP, SB1 STIP Budget Adjustment: No
GL/Project Accounting No.: 003021 81102 00000 0000 262 31 81101 Final Design
003021 81302 00000 0000 262 31 81301 CM
Fiscal Procedures Approved:
Date: 06/15/2023
Attachments:
1) Amendment No. 17 Proposal (Parsons)
2) Exhibit A: Soundwalls
3) Exhibit B: DIB 91 and CEM 1302 Forms
4) Exhibit C: Determination of Biologically Equivalent or Superior Preservation Report
5) Exhibit D: Army Corp of Engineers Funding Letters
6) Draft Agreement No. 11-31-110-17 Amendment No. 17 with Parsons
7) Amendment No. 01 Proposal (Falcon)
8) Draft Agreement No. 21-31-012-01 Amendment No. 01 with Falcon
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Agenda Item 6D
Approved by the Western Riverside County Programs and Projects Committee on
June 26, 2023
In Favor: 8 Abstain: 0 No: 0
75
EXHIBIT A (PART 1)
SR 71/ SR91 PS&E – Scope of work Page 1
Date: 05-08-2023
SR 71/SR 91 Interchange Improvement Project
Scope of Work (Amendment #17)
Background:
The Riverside County Transportation Commission (RCTC), in cooperation with Caltrans, proposes to improve the
existing State Route 71 (SR-71)/State Route 91 (SR-91) interchange (Project) in the City of Corona, Riverside County.
The proposed improvements include constructing a new direct connector from eastbound (EB) SR-91 to northbound
(NB) SR-71 and reconfiguring the EB SR-91 ramp between Green River Road and the SR 71/91 interchange. The
proposed project is anticipated to improve mobility on SR-91 and SR-71 by enhancing operations and capacity at the
SR 71/91 interchange.
During the final design process, there were several changes to the scope of work that resulted in ‘no cost change’
amendments to the contract in which budget from the future Construction Support and As-Built Drawing preparation
tasks were redistributed to cover the changes in scope required by the various agencies. Below is a summary of these
‘no cost change’ amendments that were approved by RCTC for which Parsons is now seeking to recoup budget for
Construction Support services:
·September 7, 2021 ($364,720); Soundwalls – This amendment included the preparation of the
plans, specifications, and estimate for soundwalls spanning seven private properties. Additionally,
the task included right-of-way support, topographic survey, and geotechnical investigations.
·December 7, 2021 ($24,436.69); Design Information Bulletin (DIB) 91 and CEM 1302 Forms – This
amendment included updating the traffic handling plans to comply with DIB 91 and completing the
CEM 1302 Forms for the k-rail design.
·January 3, 2023 ($28,195); Determination of Biologically Equivalent or Superior Preservation Report
(DBESP) - California Department of Fish and Wildlife (CDFW) requires the DBESP be updated to
document the compensatory mitigation acquired for the project.
Additionally, the following funding is required for Army Corps of Engineers:
·On February 7, 2023, RCTC requested that Parsons provide funding to Army Corps of Engineers for
their administrative fees required for the construction phase of the project. An initial payment of
$40,000 was made on 2/13/23 and a subsequent payment of $118,520 was made on 4/11/23. The
total funds transferred to Army Corps was $158,520.
·On April 18, 2023, Army Corps of Engineers sent RCTC a request for an additional $132,000 for a
construction representative, project engineer, and resident engineer during construction. Parsons
plans to pay Army Corp the $132,000 once this amendment is approved.
·Parsons has included an additional $100,000 in the ODC budget of this amendment for future Army
Corps of Engineers fees.
Additional Scope of Work Summary:
The additional scope of work in this Amendment No. 17 includes:
·Scope and fee to replenish the Design Support During Construction and As-Built Drawing preparation tasks
depleted by the above-mentioned amendments.
ATTACHMENT 1
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SR 71/ SR91 PS&E – Scope of work Page 2
Date: 05-08-2023
· CCO#6 – RCTC directed change order to incorporate Microwave Vehicle Detection System for tolling
infrastructure
Attachments:
· A - September 7, 2021; Soundwalls
· B - December 7, 2021; Design Information Bulletin (DIB) 91 and CEM 1302 Forms
· C - January 3, 2023; Determination of Biologically Equivalent or Superior Preservation Report
(DBESP)
· D – February 3, 2023; Army Corp of Engineers Funding Letter
77
Firm Remaining Budget Estimate to
Complete Amendment #17
Parsons $408,471.76 $1,527,514.60 $1,119,042.84
EMI $74,373.73 $74,373.73 $0.00
Psomas $4,438.44 $4,438.44 $0.00
FPL $1,278.27 $1,278.27 $0.00
Tylin $66,683.68 $66,683.68 $0.00
ECORP $3,460.95 $0.00 ($3,460.95)
Lynn Capouya $24,507.23 $10,000.00 ($14,507.23)
$1,101,075
SR-71/91 IC PS&E
BUDGET SUMMARY (Amendment No 17)
TOTAL AMENDMENT #17:
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Task 1.0 Project Management
Project Management, Invoicing, Meetings 392 340 52 392
0 0
TOTAL HOURS - TASK 1.0 392 340 0 0 0 0 0 0 0 0 52 392
HOURLY RATE $113.61 $89.52 $48.61 $73.03 $67.03 $129.49 $90.37 $69.82 $56.92 $43.05
TOTAL DIRECT LABOR $40,866.22 $38,627.41 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,238.81 $40,866.22
TOTAL MULTIPLIERS $50,228.67 $47,476.95 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,751.72 $50,228.67
TOTAL FEES $9,109.49 $8,610.44 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $499.05 $9,109.49
TOTAL COST - TASK 1.0 $100,204 $94,715 $0 $0 $0 $0 $0 $0 $0 $0 $5,490 $100,204
Task 5.0 Environmental
Determination of Biologically Equivalent or Superior Preservation Report 174 60 114 174
TOTAL HOURS - TASK 3.0 174 0 0 0 60 114 0 0 0 0 0 174
HOURLY RATE $113.61 $89.52 $48.61 $73.03 $67.03 $129.49 $90.37 $69.82 $56.92 $43.05
TOTAL DIRECT LABOR $12,023.63 $0.00 $0.00 $0.00 $4,382.05 $7,641.58 $0.00 $0.00 $0.00 $0.00 $0.00 $12,023.63
TOTAL MULTIPLIERS $14,778.24 $0.00 $0.00 $0.00 $5,385.98 $9,392.26 $0.00 $0.00 $0.00 $0.00 $0.00 $14,778.24
TOTAL FEES $2,680.19 $0.00 $0.00 $0.00 $976.80 $1,703.38 $0.00 $0.00 $0.00 $0.00 $0.00 $2,680.19
TOTAL COST - TASK 3.0 $29,482 $0 $0 $0 $10,745 $18,737 $0 $0 $0 $0 $0 $29,482
Task 13.0 Bid and Construction Support
Design Support During Construction 0 0
Roadway Design Support 1820 260 1040 520 1820
Structures Design Support 2300 830 830 640 2300
As-Built Drawings 578 30 300 20 228 578
TOTAL HOURS - TASK 5.0 4698 260 1070 820 0 0 830 830 660 228 0 4698
HOURLY RATE $113.61 $89.52 $48.61 $73.03 $67.03 $129.49 $90.37 $69.82 $56.92 $43.05
TOTAL DIRECT LABOR $406,730.87 $29,538.61 $95,791.23 $39,856.67 $0.00 $0.00 $107,480.59 $75,004.65 $46,080.92 $12,978.20 $0.00 $406,730.87
TOTAL MULTIPLIERS $499,912.92 $36,305.90 ######### $48,987.84 $0.00 $0.00 $132,104.40 $92,188.22 $56,638.06 $15,951.50 $0.00 $499,912.92
TOTAL FEES $90,664.38 $6,584.45 $21,352.82 $8,884.45 $0.00 $0.00 $23,958.50 $16,719.29 $10,271.90 $2,892.97 $0.00 $90,664.38
TOTAL COST - TASK 5.0 $997,308 $72,429 $234,881 $97,729 $0 $0 $263,543 $183,912 $112,991 $31,823 $0 $997,308
TOTAL PROJECT HOURS 5264 600 1070 820 60 114 830 830 660 228 52 5264
TOTAL PROJECT COST $1,527,515 $167,144 $234,881 $97,729 $10,745 $18,737 $263,543 $183,912 $112,991 $31,823 $5,490 $1,527,515
SR-71/91 PS&E (Amendment 17)
Parsons
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COST PROPOSAL
Parsons
LABOR COSTS
NAME FUNCTION HOURS RATE AMOUNT
Principal Project Manager 600 $113.61 $68,166.02
Engineering Manager 1,070 $89.52 $95,791.23
Engineer II 820 $48.61 $39,856.67
Environmental Manager 60 $73.03 $4,382.05
Senior Environmental Planner 114 $67.03 $7,641.58
Structures Manager 830 $129.49 $107,480.59
Senior Structures Engineer 830 $90.37 $75,004.65
Structures Project Engineer 660 $69.82 $46,080.92
Senior Engineer 228 $56.92 $12,978.20
Admin 52 $43.05 $2,238.81
TOTAL HOURS 5,264 $459,621
INDIRECT COSTS (OVERHEAD)
ESCALATION 0.00%
OVERHEAD 122.91%
$564,920
DIRECT COSTS Billed at Actual Cost
ITEM QUANTITY UNIT UNIT COST AMOUNT
USACE Funds (Paid 2/13/23 and 4/11/23)1 LS $158,520 $158,520.00
USACE Funds (Unpaid)1 LS $132,000 $132,000.00
USACE Funds (Contingency)1 LS $100,000 $100,000.00
Mileage 1 LS $10,000 $10,000.00
$0.00
$400,520
FEE (PROFIT)
$102,454
COST: $1,527,515
TOTAL FEES
TOTAL LABOR
TOTAL DIRECT COSTS
TOTAL OVERHEAD
10%
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PARSONS
525 B Street, Suite 1600 - San Diego, California 92101 - (619) 515-5100 - Fax (619) 515-5101- www-parsons.com
Date: 6/26/2020
Subject: 11-31-110-11, CONTRACT
Proposed Transfer of Project Budget (Zero Cost Change Order)
Riverside County Transportation Commission
4080 Lemon St, 3d Floor
Riverside, CA 92502
Pursuant to Agreement 11-31-110-01 for SR-71/SR-91 IC Final Design
Parsons is requesting RCTC approval to transfer existing project budget as follows:
Description budget From WBS To WBS
1. Transfer Budget from WBS 13200 Design Support During Construction -$364,720.00 13200
2. Transfer Budget to WBS 15001 (EMI)$44,718.00 15001
3. Transfer Budget to WBS 15002 Psomas $104,202.00 15002
4. Transfer Budget to WBS 11300 PSE Soundwall Design $215,800.00 11300
NET CHANGE TO CONTRACT VALUE $0.00
A. General Information
Based upon this approach, there is no net change to the Contract total associated with this request.
B. Cost Data And Scope
See notes above and Attachment A, Additional Scope of Work attached.
C. Terms and Conditions
All terms and conditions of the original agreement remain unchanged by this request.
Submitted by Date:Approved By:Date:
9/1/2021
Nicole DePuy Bryce Johnston
Project Manager Project Manager
Parsons Riverside County Transportation Commission
Budget is being transferred from the future 'Construction Support' to cover new scope of work related to
the design and site investigations for new project Soundwalls. It is understood that an amendment will
be needed to replenish the Construction Support funds in the future.
9/7/2021
ATTACHMENT 2
81
EXHIBIT A (PART 1)
SR 71/ SR91 PS&E – Scope of work Page 1
Date: 09-01-2021
SR 71/SR 91 Interchange Improvement Project
Additional Scope of Work (Soundwalls) – 9/01/2021
Additional Scope of Work Summary:
The additional scope of work includes:
· Project Management associated with the Soundwall Design package.
· Soundwall Right of Way Support including exhibits, site visits and coordination with owners.
· Soundwall Plans, Specifications and Estimate based on the results of the SNADR Surveys.
· Topographic survey of Soundwall locations for Design.
· Revisions to Caltrans Right of Way Appraisal Maps, Requirement Maps, and Project Landnet Map.
· Plats and Legals for Soundwall Easements.
· Geotechnical Field Investigation for Soundwall Design package including borings.
· Addendum to the Foundation Report and Log of Test Boring (LOTB) Sheets.
Task 1.0 Right of Way Engineering Support
Consultant will prepare property owner exhibits, perform site visits to explain property impacts to owners
and support the Right of Way negotiations.
Deliverables: Property Owner Exhibits
Task 2.0 Survey and Right of Way Mapping
2.1 Right of Way Appraisal Maps, Right of Way Requirement Maps, and Project LandNet Map Revisions
Consultant will perform research with both the City of Corona and County of Riverside to acquire all available
record maps and documents. Title reports will be acquired for seven (7) parcels. The title reports will be
reviewed, and all easements will be plotted. The existing Landnet will be updated with new boundary data.
The Landnet will be the basis of the Amended Pre-Construction Records of Survey, Appraisal Maps, and Legal
Descriptions. This will be delivered to the design team for their use to establish the new right of way
requirements. Legal descriptions are needed to support the Appraisal Maps and RW acquisition process. The
legal descriptions will be prepared in conformance with Caltrans District 8 guidelines and standards.
Deliverables: Right of Way Appraisal Maps, Right of Way Requirement Maps, Legal Descriptions and
LandNet Map
2.2 Supplemental Topographic Survey
Consultant will perform a topographic survey along and adjacent to the proposed wall locations. The survey
limits will be 25 feet on each side of the property line. The topographic data will be merged with the original
aerial topographic survey. An amended Pre-Construction Record of Survey will be filed with the County of
Riverside showing the location of cadastral monuments that may get destroyed during the construction
phase of this project, and any supplemental control that will be established during this effort.
Deliverables: Topographic Survey CAD File
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SR 71/ SR91 PS&E – Scope of work Page 2
Date: 09-01-2021
Task 3.0 Geotechnical Engineering Design Services
3.1 Geotechnical Field Investigation
Consultant will coordinate with the City of Corona to obtain available existing geotechnical information,
review the information for applicability to the proposed sound walls, and will review State-published
geotechnical information.
Consultant will drill five or six exploratory boreholes for the two sound walls, depending on accessibility. The
boreholes will be excavated to a maximum depth of 30 feet, or until refusal is encountered, using a
track-mounted drill rig or a portable tripod drilling rig. Note that because of physical limitations of
the tripod drilling rig, the SPT blow counts are non-standard. The small disturbed and relatively undisturbed
soil samples will be collected using split-spoon samplers at a vertical interval of five feet, alternating between
the Standard Penetration Test (SPT) sampler and the Modified California Drive (MCD) sampler. Soil samples
will be logged during the field work, secured in their containers, or collected in plastic bags, and transported
to the EMI laboratory.
3.2 Geotechnical Engineering Analysis
Consultant will perform various laboratory tests on soil samples to determine or derive their
physical/engineering characteristics. Anticipated lab tests include in-situ density and moisture content,
gradation, Atterberg limits, direct shear tests, unconsolidated-undrained triaxial tests, and soil corrosivity
tests. The tests will be conducted in general accordance with California Test methods or American Society for
Testing and Materials standards.
Results obtained from the investigation and laboratory testing will be used to characterize the subsurface
soils and conditions. Idealized subsurface profile(s) will be developed. Consultant will evaluate the use of
standard Caltrans foundations for the proposed sound walls. Consultant will evaluate axial and lateral
capacity of pile foundations as necessary. Static earth pressure recommendations will be provided if
necessary. Geotechnical analysis does not include evaluating stability of the existing slopes. Soil corrosivity
using Caltrans criteria will be addressed.
3.3 Geotechnical Engineering Documents
Consultant will prepare a draft foundation report summarizing the observations and
results of the field investigation and laboratory soil testing. The report will also provide results of a
foundation evaluation and the applicability of standard Caltrans foundations for the proposed sound
walls. Logs of boreholes will be presented on 11"x17" Log of Test Boring (LOTB) sheets. Consultant
will address review comments and incorporate comments and responses in a final report.
Deliverables: Foundation Report, Log of Test Boring (LOTB Sheets)
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SR 71/ SR91 PS&E – Scope of work Page 3
Date: 09-01-2021
Task 4.0 Soundwall Engineering Design Services
4.1 Soundwall Engineering Plans
Consultant will prepare project design plans for the construction of the soundwalls and other associated
improvements. The soundwall layout is assumed to be based upon the Acrylite Soundstop Masonry Sound
Wall System, which includes transparent panels. Structural calculations are not anticipated for the
implementation of this Caltrans pre-approved design. The construction plans shall be prepared in
accordance with Caltrans Design Manuals and Details. The project plan set is expected to include
Keymap/Survey Control, Layout Plans, Construction Detail Plans, Grading Plans, Water Pollution Control
(WPC) Quantities, Soundwall Plan and Profile Plans, Soundwall Detail Plans, Log of Test Boring (LOTB) Plans
and Erosion Control Plans.
Deliverables: Soundwall Plans submitted at 95-1%, 95-2% and 100%
4.2 Soundwall Engineering Specifications
Consultant shall prepare special provisions as part of the specifications. The special provisions shall be based
on Caltrans specifications. The special provisions are assumed to include a nSSP for the use of the Acrylite
Soundstop Masonry Sound Wall System, a sole source product. The vendor design details for the soundwall
will be included in the Information Handout. The final specifications shall be approved and incorporate input
and comments of all affected agencies.
Deliverables: Soundwall Specifications submitted at 95-1%, 95-2% and 100%
4.3 Soundwall Engineering Estimate
Consultant shall prepare unit bid items based on the additional soundwalls and associated work in
accordance with Caltrans policies, procedures, and standard specifications. Consultant will prepare quantity
take off based on bid items and construction components. The cost estimate will be backed up by all quantity
take off calculations. Unit prices shall be based on recent bid prices received from similar projects and pulled
from the Caltrans Cost Data Base.
Deliverables: Soundwall Estimates submitted at 95-1%, 95-2% and 100%
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Task 1.0 Right of Way
Right of Way Engineering Support 60 20 40 60
TOTAL HOURS - TASK 1.0 60 0 20 0 40 0 0 0 0 0 0 0 0 0 0 0 0 0 0 60
HOURLY RATE $85.48 $63.69 $47.60 $35.10 $33.65 $80.11 $79.74 $52.00 $37.00 $68.00 $55.00 $35.00 $64.00 $100.00 $85.00 $65.00 $50.00 $50.00
TOTAL DIRECT LABOR $2,677.80 $0.00 $1,273.80 $0.00 $1,404.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,677.80
TOTAL MULTIPLIERS $3,291.28 $0.00 $1,565.63 $0.00 $1,725.66 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,291.28
TOTAL FEES $596.91 $0.00 $283.94 $0.00 $312.97 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $596.91
Check $6,565.99
TOTAL COST - TASK 1.0 $6,566 $0 $3,123 $0 $3,443 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $6,566
Task 2.0 Survey and Right of Way Mapping
2.1 Right of Way Appraisal Maps, Right of Way Requirement Maps, and LandNet 60 20 40 60
2.1 Supplemental Topographic Survey 30 10 20 30
TOTAL HOURS - TASK 2.0 90 0 30 0 60 0 0 0 0 0 0 0 0 0 0 0 0 0 0 90
HOURLY RATE $85.48 $63.69 $47.60 $35.10 $33.65 $80.11 $79.74 $52.00 $37.00 $68.00 $55.00 $35.00 $64.00 $100.00 $85.00 $65.00 $50.00 $50.00
TOTAL DIRECT LABOR $4,016.70 $0.00 $1,910.70 $0.00 $2,106.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $4,016.70
TOTAL MULTIPLIERS $4,936.93 $0.00 $2,348.44 $0.00 $2,588.48 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $4,936.93
TOTAL FEES $895.36 $0.00 $425.91 $0.00 $469.45 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $895.36
Check $9,848.99
TOTAL COST - TASK 2.0 $9,849 $0 $4,685 $0 $5,164 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $9,849
Task 3.0 Geotechnical Engineering Design Services
3.3 Geotechnical Engineering Documents 60 20 40 60
TOTAL HOURS - TASK 3.0 60 0 0 0 0 0 0 0 0 0 0 0 0 0 0 20 40 0 0 60
HOURLY RATE $85.48 $63.69 $47.60 $35.10 $33.65 $80.11 $79.74 $52.00 $37.00 $68.00 $55.00 $35.00 $64.00 $100.00 $85.00 $65.00 $50.00 $50.00
TOTAL DIRECT LABOR $4,300.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,700.00 $2,600.00 $0.00 $0.00 $4,300.00
TOTAL MULTIPLIERS $5,285.13 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,089.47 $3,195.66 $0.00 $0.00 $5,285.13
TOTAL FEES $958.51 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $378.95 $579.57 $0.00 $0.00 $958.51
Check $10,543.64 $10,543.64
TOTAL COST - TASK 3 $10,544 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $4,168 $6,375 $0 $0 $10,544
Task 4.0 Soundwall Engineering Design Services
4.1 Soundwall Engineering Plans 920 80 180 240 180 240 920
4.2 Soundwall Engineering Specifcaitons 170 30 70 30 40 170
4.3 Soundwall Engineering Estimate 170 10 40 90 10 20 170
TOTAL HOURS - TASK 4.0 1260 40 190 270 240 0 0 0 0 0 0 0 0 0 40 240 240 0 0 1260
HOURLY RATE $85.48 $63.69 $47.60 $35.10 $33.65 $80.11 $79.74 $52.00 $37.00 $68.00 $55.00 $35.00 $64.00 $100.00 $85.00 $65.00 $50.00 $50.00
TOTAL DIRECT LABOR $76,796.30 $3,419.20 $12,101.10 $12,852.00 $8,424.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $4,000.00 $20,400.00 $15,600.00 $0.00 $0.00 $76,796.30
TOTAL MULTIPLIERS $94,390.33 $4,202.54 $14,873.46 $15,796.39 $10,353.94 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $4,916.40 $25,073.64 $19,173.96 $0.00 $0.00 $94,390.33
TOTAL FEES $17,118.66 $762.17 $2,697.46 $2,864.84 $1,877.79 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $891.64 $4,547.36 $3,477.40 $0.00 $0.00 $17,118.66
Check $188,305.30
TOTAL COST - TASK 4 $188,305 $8,384 $29,672 $31,513 $20,656 $0 $0 $0 $0 $0 $0 $0 $0 $0 $9,808 $50,021 $38,251 $0 $0 $188,305
TOTAL PROJECT HOURS 1470 40 240 270 340 0 0 0 0 0 0 0 0 0 40 260 280 0 0 1470
TOTAL DIRECT LABOR $87,790.80 $3,419.20 $15,285.60 $12,852.00 $11,934.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $4,000.00 $22,100.00 $18,200.00 $0.00 $0.00 $87,790.80
TOTAL MULTIPLIERS $107,903.67 $4,202.54 $18,787.53 $15,796.39 $14,668.08 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $4,916.40 $27,163.11 $22,369.62 $0.00 $0.00 $107,903.67
FEES $19,569.45 $762.17 $3,407.31 $2,864.84 $2,660.21 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $891.64 $4,926.31 $4,056.96 $0.00 $0.00 $19,569.45
ODCs $500 $500
TOTAL PROJECT COST #REF!$8,384 $37,480 $31,513 $29,262 $0 $0 $0 $0 $0 $0 $0 $0 $0 $9,808 $54,189 $44,627 $0 $0 $215,800
SR-71/91 PS&E Additional Scope
of Work (Soundwalls)
Parsons
85
15' TCE WIDTH
15' LANDSCAPE
WIDTH
15' LANDSCAPE
WIDTH
15' TCE WIDTH
SW 110E
L= 91'
7' LANDSCAPE WIDTH
SW 110D
L= 99'
15' TCE WIDTHSW 110C
L= 140'
15' TCE WIDTH
15' LANDSCAPE
WIDTH
SW 110B
L= 126'
SW 110A
L= 99'
15' LANDSCAPE
WIDTH
15' TCE WIDTH
LEGEND:
Landscaping
TCE
Sound Wall
Remove Concrete
Remove Tree
FIGURE 11: SW110A-E COMBINED (R41-R44,R49)
CONSTRUCTION ACCESS
10' TCE WIDTH SECOND ACCESS NEEDED
DUE TO VERTICAL
ELEVATION DIFFERENCE
BETWEEN PROPERTIES
Soundwall SW110A-E Combined - 555 (ft) Cost Analysis vs. Allowance
Item Code Description Unit Unit Price Quantity Cost
1 498016 16" Cast-in-Drilled Hole Concrete Piling (Soundwall)LF $111 483 $53,627
2 510061 Structural Concrete (Pile Cap)CY $1,024 56 $57,316
3 520101 Bar Reinforcing Steel (Pile Cap)LB $2.83 8400 $23,772
4 582001 Soundwall (Masonry Block)SQFT $27.92 3885 $108,469
5 192038 Structure Excavation (Pile Cap)CY $111 163 $18,171
6 193014 Structure Backfill (Pile Cap)CY $143 100 $14,326
7 Remove Decorative Fence (Wrought Iron)LF $25.00 555 $13,875
8 Remove Large Tree EA $800 10 $8,000
9 Plant (Large Tree)EA $2,000 10 $20,000
10 170103 Clearing and Grubing LS $15,000 1 $15,000
11 NPDES Erosion Control LS $6,351 1 $6,351
12 Mobilization LS $31,756 1 $31,756
13 Contractor overhead/management (TRO)LS $31,756 1 $31,756
14 Title and Appraisal EA $10,650 5 $53,250
15 Job Site Management, Minor Items LS $15,878 1 $15,878
16 Landscaping SQFT $5.00 9950 $49,750
17 Temporary Construction Easement SQFT $2.25 10409 $23,420
18 Permanent Footing Easement (5.5' Width X Length of Wall)SQFT $20.00 3053 $61,050
Footnotes: Costs are based on District 7, 8, 12 costs, 2017-2020.
Footnote: Contractor Overhead (TRO) and Mobilization is 10% of the direct construction costs.
Footnote: NPDES Erosion Control is 2% of the direct construction costs and includes (Fiber Rolls, Silt Fence, Concrete Wash Out ect..)
Footnote: Job Site Management is 5% of the direct construction costs and includes (Temporary Chain Link Fence, Fence Locks ect..)
Total Cost $605,768
# of Benefitted Receptors 5
Allowance (per Receptor)$107,000
Total Allowance $535,000
Reasonable?NO
6 ft (Pile)
Description WALL HEIGHT 6'
16" Cast-in-Drilled Hole Concrete Piling (Soundwall)S: 16' L: 11.5'
Structure Excavation (Pile Cap)555'X3.5'X2.25'
Structure Backfill (Pile Cap)(555'X3.5'X2.25') -(Pile Cap+Masonry Block)
Structure Concrete (Pile Cap)555'X1.5'X1.75'
Footnote: "S" is the spacing of the piles, "L" is the length of the pile
Footnote: Quantities are shown with Length*Width*Depth
Quantity Table
86
15' LANDSCAPE
WIDTH
10' LANDSCAPE
WIDTH
15' TCE WIDTH
SW 114B
L= 121'
15' TCE WIDTH
15' LANDSCAPE
WIDTH
SW 114A
L= 149'
CONSTRUCTION ACCESS
10' TCE WIDTH
LEGEND:
Landscaping
TCE
Sound Wall
Remove Concrete
Remove Tree
FIGURE 14: SW114AB COMBINED (R55,R56)
Soundwall SW114AB Combined - 270 (ft) Cost Analysis vs. Allowance
Item Code Description Unit Unit Price Quantity Cost
1 498016 16" Cast-in-Drilled Hole Concrete Piling (Soundwall)LF $111 230 $25,537
2 510061 Structural Concrete (Pile Cap)CY $1,024 27 $27,635
3 520101 Bar Reinforcing Steel (Pile Cap)LB $2.83 4050 $11,462
4 582001 Soundwall (Masonry Block)SQFT $27.92 1890 $52,769
5 192038 Structure Excavation (Pile Cap)CY $111 80 $8,918
6 193014 Structure Backfill (Pile Cap)CY $143 50 $7,105
7 Remove Decorative Fence (Wrought Iron)LF $25.00 270 $6,750
8 Remove Large Tree EA $800 5 $4,000
9 Plant (Large Tree)EA $2,000 5 $10,000
10 170103 Clearing and Grubing LS $7,500 1 $7,500
11 NPDES Erosion Control LS $3,084 1 $3,084
12 Mobilization LS $15,418 1 $15,418
13 Contractor overhead/management (TRO)LS $15,418 1 $15,418
14 Title and Appraisal EA $10,650 2 $21,300
15 Job Site Management, Minor Items LS $7,709 1 $7,709
16 Landscaping SQFT $5.00 3300 $16,500
17 Temporary Construction Easement SQFT $2.25 5614 $12,632
18 Permanent Footing Easement (5.5' Width X Length of Wall)SQFT $20.00 1485 $29,700
Footnote: Costs are based on District 7, 8, 12 costs, 2017-2020
Footnote: Contractor Overhead (TRO) and Mobilization is 10% of the direct construction costs.
Footnote: NPDES Erosion Control is 2% of the direct construction costs and includes (Fiber Rolls, Silt Fence, Concrete Wash Out ect..)
Footnote: Job Site Management is 5% of the direct construction costs and includes (Temporary Chain Link Fence, Fence Locks ect..)
Total Cost $253,734
# of Benefitted Receptors 2
Allowance (per Receptor)$107,000
Total Allowance $214,000
Reasonable?NO
6 ft (Pile)
Description WALL HEIGHT 6'
16" Cast-in-Drilled Hole Concrete Piling (Soundwall)S: 16' L: 11.5'
Structure Excavation (Pile Cap)270'X3.5'X2.25'
Structure Backfill (Pile Cap)(270'X3.5'X2.25') - (Pile Cap+Masonry Block)
Structure Concrete (Pile Cap)270'X1.5'X1.75'
Footnote: "S" is the spacing of the piles, "L" is the length of the pile
Footnote: Quantities are shown with Length*Width*Depth
Quantity Table
87
17800 Newhope Street, Suite B, Fountain Valley, California 92708 Tel: (714) 751-3826 Fax: (714) 751-3928
MEMORANDUM
EMI Proposal No. P21-076
DATE: August 25, 2021
TO: Jeff Sparks, PE, Parsons Corporation
FROM: Andrew Korkos, Earth Mechanics, Inc.
SUBJECT: Scope and Cost for Geotechnical Engineering Design Services
SR-71/SR-91 Interchange Improvement Project, Two Proposed Sound Walls
Riverside County, California
Earth Mechanics, Inc. (EMI) is pleased to submit this proposal to provide geotechnical engineering
design services for two proposed sound walls, which were added to the State Route 71/State Route
91 (SR-71/SR-91) interchange improvement project. The two sound walls are located adjacent to
existing residential developments that are on the south side of the SR-71/SR-91 interchange. The
walls are located at the top of existing slopes that are along the northern boundary of the residential
developments. At your request, EMI is providing a scope and cost for evaluating the subsurface
conditions to assess the use of standard Caltrans foundations for the two sound walls.
EMIs scope includes reviewing available information, conducting a geotechnical field investigation
and laboratory soil testing, characterizing the subsurface soils, evaluating the use of standard
Caltrans sound wall foundations, and preparing a report. Details of EMIs scope of work are
provided below.
SCOPE OF WORK
Review Available Subsurface Information. EMI will coordinate with the City of Corona to obtain
available existing geotechnical information; EMI will review the information for applicability to the
proposed sound walls. EMI will also review State-published geotechnical information.
Geotechnical Field Investigation. The location of the sound walls requires that the geotechnical
field investigation be conducted within the existing residential properties or along the top edge of
the existing slopes just outside the boundary of the level pads (if space permits). EMI anticipates
drilling five or six exploratory boreholes for the two sound walls, depending on accessibility. The
boreholes will be excavated to a maximum depth of 30 feet, or until refusal is encountered, using a
track-mounted drill rig or a portable tripod drilling rig. Note that because of physical limitations of
the tripod drilling rig, the SPT blowcounts are non-standard. EMI will collect small disturbed and
relatively undisturbed subsurface soil samples for classification and determining shear strength. The
small disturbed and relatively undisturbed soil samples will be collected using split-spoon samplers
at a vertical interval of five feet, alternating between the Standard Penetration Test (SPT) sampler
and the Modified California Drive (MCD) sampler. Soil samples will be logged during the field
work, secured in their containers or collected in plastic bags, and transported to the EMI laboratory.
The boreholes will be drilled either in the backyards of residential properties or on the slope
immediately adjacent to the properties, depending on accessibility. Boreholes drilled in residential
properties will be backfilled with bentonite-cement slurry to five feet below existing grade, and the
Earth Mechanics, Inc.
Geotechnical & Earthquake Engineering
88
SR-71/SR-91 Interchange Project, Geotechnical Design Services for Proposed Sound Walls
August 25, 2021
Page 2
17800 Newhope Street, Suite B, Fountain Valley, California 92708 Tel: (714) 751-3826 Fax: (714) 751-3928
upper five feet of the boreholes will be backfilled with spoils. Boreholes drilled on the slope will be
backfilled using a mixture of the spoils, cement, and water. The scope does not include storing
spoils in drums and testing for contaminants. Boreholes will not be drilled in existing hardscape or
other aesthetic ground covering that requires specialty replacement; boreholes will be drilled in dirt
or grass areas that require only minimal repair.
Laboratory Soil Testing. Various laboratory tests will be performed on soil samples to determine or
derive their physical/engineering characteristics. Anticipated lab tests include: in-situ density and
moisture content, gradation, Atterberg limits, direct shear tests, unconsolidated-undrained triaxial
tests, and soil corrosivity tests. The tests will be conducted in general accordance with California
Test methods or American Society for Testing and Materials standards.
Geotechnical Engineering Analyses. Results obtained from the investigation and laboratory testing
will be used to characterize the subsurface soils and conditions. Idealized subsurface profile(s) will
be developed. EMI will evaluate the use of standard Caltrans foundations for the proposed sound
walls. EMI will evaluate axial and lateral capacity of pile foundations as necessary. Design loads
will be provided by Parsons. Static earth pressure recommendations will be provided if necessary.
Geotechnical analysis does not include evaluating stability of the existing slopes. Soil corrosivity
using Caltrans criteria will be addressed.
Report Preparation. EMI will prepare a draft foundation report summarizing the observations and
results of the field investigation and laboratory soil testing. The report will also provide results of a
foundation evaluation and the applicability of standard Caltrans foundations for the proposed sound
walls. Logs of boreholes will be presented on 11"x17" Log of Test Boring (LOTB) sheets. An
electronic file (pdf) of the draft report will be provided to Parsons for review and distribution. EMI
will address review comments and incorporate comments and responses in a final report. A pdf file
of the final foundation report will be provided to Parsons for distribution.
COST ESTIMATE
Estimated hours and costs for geotechnical services are presented in Table 1. Hours and costs are
based on the scope of work described above, our current labor rates, and the assumptions below:
1. Geotechnical field investigation will be conducted between 7:00 am and 5:00 pm on weekdays.
2. No investigation of hazardous soils or materials. If hazardous soils or materials are encountered
during the geotechnical field investigation, EMI will terminate work and notify Parsons.
3. Necessary encroachment or right-of-entry permits will be secured by others. Labor cost and fees
to secure permits are not included in our cost.
4. Environmental clearance for the field investigation will be obtained by others. Archaeological,
cultural, and biological reviews or studies, if required, will be performed by others.
5. The number and locations of the boreholes are based on accessibility and physical constraints of
the project site. EMI assumes that investigation areas are accessible by a limited-access, track-
mounted drill rig or portable tripod drilling rig.
6. EMI will attempt to minimize disturbance to existing vegetation and improvements within and
outside of residential properties. Repair work is limited to four square feet of grass replacement
if necessary at each borehole location.
89
SR-71/SR-91 Interchange Project, Geotechnical Design Services for Proposed Sound Walls
August 25, 2021
Page 3
17800 Newhope Street, Suite B, Fountain Valley, California 92708 Tel: (714) 751-3826 Fax: (714) 751-3928
7. Residential property owners will identify all buried pipes and utilities within their respective
properties.
8. Cross-sections representing existing topography to be provided by Parsons.
9. Investigation and stability evaluation of existing slopes are excluded from the scope of work.
If you have questions or require additional information please call our office. We appreciate the
opportunity to be of assistance.
Sincerely,
EARTH MECHANICS, INC.
Andrew Korkos, G.E.
Principal Engineer
TABLE 1. COST ESTIMATE FOR GEOTECHNICAL ENGINEERING DESIGN SERVICES
TASK Principal
Engineer
Senior
Project
Geologist
Project
Engineer
Senior
Staff
Geologist
Staff
Geologist
Senior
Technician
Total
Hours Total Costs
Site Reconnaissance 0 0 0 0 6 6 12
Field Investigation 0 0 0 0 40 10 50
Lab Soil Processing 0 0 2 0 0 2 4
Analyses and Design 2 6 40 0 0 0 48
Boring Log Prep/Rev. 2 0 4 0 24 0 30
Report Prep/Review 2 8 30 0 0 0 40
Project Admin 2 0 0 0 0 0 2
Total Hours 8 14 76 0 70 18 186
Direct Hourly Rate $81.00 $51.50 $43.50 $40.75 $30.50 $45.50
Direct Labor $648.00 $721.00 $3,306.00 $0 $2,135.00 $819.00 $7,629.00
OH @ 171.30% 13,068.48
Fee @ 10% $2,069.75
TOTAL LABOR $22,767.23
OTHER COSTS
Drill Rig Rental $17,800
Supplies $1,650
Traffic Control $0
Laboratory Soil Tests $2,500
TOTAL COST $44,717.23
90
1650 Spruce Street
Suite 400
Riverside, CA 92507-2465
Tel 951.787.8421
Fax 951.682.3379
www.psomas.com
August 23, 2021
Nicole Depuy
Project Manager
Parsons
525 B. St, Suite 1600
San Diego, CA 92101
Subject: 91/71 – Sound Wall Survey
Dear Nicole:
Psomas sincerely appreciates the continued relationship with Parsons and RCTC on the 91/71 Project.
Our goal is to continue to be an outstanding Consultant and further develop our relationship by
demonstrating responsiveness, communication and cooperation required for a successful project
Once again, thank you. I can be reached at the office number below, by e-mail at
sean.smith@psomas.com, or on my cell phone at 909-800-8911 to answer any questions you may have
regarding this proposal.
Sincerely,
PSOMAS
Sean Smith, PLS
Vice President
91
Nicole Depuy
Page 2 of 5
August 23, 2021
Surveying Services
Project Understanding:
We understand that there are seven (7) properties that have elected to have a sound wall installed along
the back of their property as shown below in Figures 1 and 2. We have been asked to include the survey
of this proposed wall and needed right of way acquisitions, to the existing project mapping.
Scope of Work:
Record Data Research
We will perform research with both the City of Corona and County of Riverside to acquire all available
record maps and documents.
Control Survey
We will use existing control to establish new control in the project areas to be used for the boundary and
topographic survey. The new control will also be used for future construction surveys.
Land Net Recovery and Field Notes
We will locate enough monuments to establish the boundary of the lots in question and any right of way
of adjacent streets. The field survey crews will recover key monuments shown on the record maps and
documents. All recovered monuments will be tied into the survey control using GPS and terrestrial
survey methods in conformance with the requirements stated within “Accuracy Classifications and
Standards” for Caltrans Third Order survey.
Title Reports Review and Plot Easements
Title reports will be acquired for seven (7) parcels. The title reports will be reviewed, and all easements
will be plotted.
Land Net Base Map
The existing Landnet will be updated with new boundary data. The Landnet will be the basis of the
Amended Pre-Construction Records of Survey, Appraisal Maps, and Legal Descriptions. This will be
delivered to the design team for their use to establish the new right of way requirements.
Right of Way Appraisal Maps
Once the right of way requirements are approved, we will update the existing Appraisal Maps within the
seven (7) parcels added.
Acquisition Documents
Legal descriptions are needed to support the Appraisal Maps and RW acquisition process. The legal
descriptions will be prepared in conformance with Caltrans District 8 guidelines and standards. For the
for the purposes of this proposal we are proposing to prepare fourteen (14) legal descriptions and
exhibits, seven (7) temporary construction easements and seven (7) permanent easements.
92
Nicole Depuy
Page 3 of 5
August 23, 2021
Surveying Services
Staking Right of Way
Psomas will stake the limits at key locations of the existing and proposed right of way acquisition and
permanent easements for the seven (7) property owners so they can view the easement line locations
affecting their properties. We have budgeted two (2) field days and applicable office time for this task.
Supplemental Design Surveys
We will perform a topographic survey along and adjacent to the proposed wall locations. The survey
limits will be 25 feet on each side of the property line. The topographic data will be merged with the
original aerial topographic survey.
Pre-Construction Records of Survey
An amended Pre-Construction Record of Survey will be filed with the County of Riverside showing the
location of cadastral monuments that may get destroyed during the construction phase of this project, and
any supplemental control that will be established during this effort.
Figure 1:
93
Nicole Depuy
Page 4 of 5
August 23, 2021
Surveying Services
Figure 2:
Schedule:
1. Supplemental Design Surveys will be submitted to the design team within fifteen (15) working
days of receiving notice to proceed.
2. The revised Landnet will be submitted to the design team within twenty (20) working days from
receiving notice to proceed.
Exclusions:
1. Anything not specifically listed above.
94
Nicole Depuy
Page 5 of 5
August 23, 2021
Surveying Services
95
PARSONS
525 B Street, Suite 1600, San Diego, CA 92101 - (619) 515-5100 - www-parsons.com
Date: 12/7/21
Subject: 11-31-110-01, CONTRACT
Proposed Transfer of Project Budget (Zero Cost Change Order)
Riverside County Transportation Commission
4080 Lemon St, 3d Floor
Riverside, CA 92502
Pursuant to Agreement 11-31-110-01 for SR-71/SR-91 IC Final Design
Parsons is requesting RCTC approval to transfer existing project budget as follows:
Description budget From WBS To WBS
1. Transfer Budget from WBS 05101 Supplemental Environmental Assessment -$24,436.69 05101
2. Transfer Budget to WBS 12100 Ready to List $24,436.69 15002
NET CHANGE TO CONTRACT VALUE $0.00
A. General Information
Based upon this approach, there is no net change to the Contract total associated with this request.
B. Cost Data And Scope
See notes above.
C. Terms and Conditions
All terms and conditions of the original agreement remain unchanged by this request.
Submitted by Date:Approved By:Date:
12/7/2021
Nicole DePuy Bryce Johnston
Project Manager Project Manager
Parsons Riverside County Transportation Commission
Since the project will not be advertised until after January 1, 2022, the new DIB 91 requirements will
apply to the project. This transfer of budget will allow Parsons to make any necessary updates to the
plans and complete the CEM 1302 forms for the k-rail design as required by Caltrans.
12/07/2021
ATTACHMENT 3
96
PARSONS
525 B Street, Suite 1600, San Diego, CA 92101 - (619) 515-5100 - www-parsons.com
Date: 01/02/2023
Subject: 11-31-110-01, CONTRACT
Proposed Transfer of Project Budget (Zero Cost Change Order)
Riverside County Transportation Commission
4080 Lemon St, 3d Floor
Riverside, CA 92502
Pursuant to Agreement 11-31-110-01 for SR-71/SR-91 IC Final Design
Parsons is requesting RCTC approval to transfer existing project budget as follows:
Description Budget Transfer From WBS To WBS
WBS 01200 Project Management Plan $936.79 01200
WBS 02100 Utility Coordination $548.03 02100
WBS 03100 RW Coordination $1,875.01 03100
WBS 04100 Survey Coordination -$71.60 04100
WBS 05100 Perform Environmental Studies -$26,103.88 05100 05102
WBS 05102 Supp Noise Analysis $2,632.19 05102
WBS 05200 Env Permits and Coordination $28,195.00 05200
WBS 05300 Railroad Agreements -$5,462.81 05300
WBS 07100 GAD -$948.11 07100
WBS 09100 95% PS&E Phase 1 $5,938.97 09100
WBS 09200 PS&E Phase 2 $2,246.56 09200
WBS 09300 55-Hour Closure -$16,011.53 09300
WBS 10200 Final Structures Hydraulics Report $2,352.97 10200
WBS 11200 Intermediate Structures $88.85 11200
WBS 11300 PS&E Soundwall Design -$11,056.89 11300
WBS 12100 Ready to List -$40,698.21 12100
WBS 12111 Structures RTL $2,840.58 12111
WBS 13100 Bid Support -$104,686.00 13100
WBS 13200 Design Support During Construction $157,384.08 13200
NET CHANGE TO CONTRACT VALUE $0.00
A. General Information
Based upon this approach, there is no net change to the Contract total associated with this request.
B. Cost Data And Scope
See attached scope, fee, and rate sheet.
C. Terms and Conditions
All terms and conditions of the original agreement remain unchanged by this request.
Submitted by Date:Approved By:Date:
1/2/2023
Nicole DePuy Bryce Johnston
Project Manager Project Manager
Parsons Riverside County Transportation Commission
Based on guidance provided by California Department of Fish and Wildlife (CDFW), the project's
Determination of Biologically Equivalent or Superior Preservation Report (DBESP) requires updating to
document the compensatory mitigation acquired for the project. See attached Scope and Fee.
Existing budget will be transferred to cover this out-of-scope task and an Amendment will be discussed at
a later date.
Additionally, budget was reallocated to move remaining funds from completed tasks to the Design Support
During Construction WBS.
1/3/2022
ATTACHMENT 4
97
State Route 71/State Route 91 Interchange Improvement Project – Additional Scope for the Update of
the Determination of Biologically Equivalent or Superior Preservation Report
Based on guidance provided by the California Department of Fish and Wildlife (CDFW), the project’s
Determination of Biologically Equivalent or Superior Preservation Report (DBESP) needs to be updated.
During a meeting held on December 12, 2021 with RCTC and CDFW to discuss the compensatory
mitigation language provided in the first draft of the Streambed Alteration Agreement, Heather Pert of
CDFW indicated that the DBESP would need to be updated to reflect changes in compensatory
mitigation should it differ from what was stated in the original document. The DBESP, which was
prepared in 2010, identifies the compensatory mitigation being provided through the purchase of
mitigation credits from the Santa Ana Watershed Association (SAWA). Coordination with SAWA reveled
that they no longer had the necessary credits available forcing the project to find compensatory
mitigation elsewhere. Therefore, with the project now providing compensatory mitigation through the
purchase of credits from Riverpark Mitigation Bank and Soquel Canyon Mitigation Bank, the DBESP
needs to be updated to reflect this change. In addition, since the approval of the original DBESP, site
conditions within the project footprint have changed along with the anticipated project impacts.
Updates to this information would also be provided in the DBESP.
Scope
Parsons will prepare an update to the original DBESP for CDFW concurrence. Revisions to the DBESP will
include:
1. Updated nomenclature, descriptions and impacts to drainage features to match the current
feature information that was provided in the regulatory based permit applications;
2. Updated descriptions of on-site riparian areas to reflect changes in conditions since the original
DBESP;
3. Updated compensatory mitigation that will be acquired;
4. Updated mapping;
5. Updated floral/fauna compendium and photos;
6. Updated avoidance and minimization measures to match the final environmental document and
permits.
7. Meetings/coordination with CDFW/RCTC.
8. Assume one round of review from CDFW/RCTC.
9. Assume that the DBESP will be updated from information contained in the Supplemental
Natural Environment Study prepared as part of the SR-71/91 project revalidation; field surveys
are not anticipated as part of the DBESP update
98
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Task 1.0 Determination of Biologically Equivalent or Superior
Preservation Report (DBESP)
1.1 Update DBESP with biological resource information and project mitigation 130 130 130
1.2 Update document mapping 30 30 30
1.3 Quality control review and editing 30 10 20 30
TOTAL HOURS - TASK 1.0 190 0 130 30 10 20 190
HOURLY RATE $0.00 $65.08 $40.03 $70.91 $56.42
TOTAL DIRECT LABOR $11,498.92 $0.00 $8,460.40 $1,201.02 $709.10 $1,128.40 $11,498.92
TOTAL MULTIPLIERS $14,133.32 $0.00 $10,398.68 $1,476.17 $871.55 $1,386.92 $14,133.32
TOTAL FEES $2,563.22 $0.00 $1,885.91 $267.72 $158.07 $251.53 $2,563.22
TOTAL COST - TASK 1.0 $28,195 $0 $20,745 $2,945 $1,739 $2,767 $28,195
TOTAL PROJECT HOURS 190 0 130 30 10 20 190
TOTAL PROJECT COST $28,195 $0 $20,745 $2,945 $1,739 $2,767 $28,195
SR-71/91 PS&E
Parsons
99
COST PROPOSAL
Parsons
LABOR COSTS
NAME FUNCTION HOURS RATE AMOUNT
Project Manager 0 $0.00
Arianne Preite Senior Biologist 130 $65.08 $8,460.40
Katherine Ryan GIS Analyst 30 $40.03 $1,201.02
Robert Malone Senior Environmental Planner 10 $70.91 $709.10
Elizabeth Koos Environmental Planner 20 $56.42 $1,128.40
TOTAL HOURS 190 $11,499
INDIRECT COSTS (OVERHEAD)
ESCALATION 0.00%
OVERHEAD 122.91%
$14,133
DIRECT COSTS Billed at Actual Cost
ITEM QUANTITY UNIT UNIT COST AMOUNT
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0
FEE (PROFIT)
$2,563
COST: $28,195
TOTAL FEES
TOTAL LABOR
TOTAL DIRECT COSTS
TOTAL OVERHEAD
10%
100
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS, LOS ANGELES DISTRICT
915 WILSHIRE BOULEVARD, SUITE 1109
LOS ANGELES, CALIFORNIA 90017-3409
February 3, 2023
Office of the Chief
Real Estate Division
SUBJECT: Caltrans 71 91 Interchange Improvement Project
Riverside County Transportation Commission
Attn: Bryce Johnston
4080 Lemon Street, 3rd Floor
Riverside, CA 92502
Dear Mr. Johnston:
This is in regard to the Caltrans 71 91 Interchange Improvement Project within the
Prado Dam Flood Risk Management Basin. Please make an administration fee
payment of $158,520.00, pursuant to 10 U.S.C. §2695, for the coordination, review of
submittals, and monitoring during the construction phase of the project. Administration
expenses may include, but are not limited to, environmental, construction, legal,
engineering, and real estate services.
Environmental Resources: $20,500.00
Engineering Services/QA Support: $117,200.00
Real Estate Services: $20,000.00
Administrative Services: $820.00
Total Request: $158,520.00
The administration fee is an estimate, and the U.S. Army Corps of Engineers may
require additional funds or may return any excess. Payment can be made electronically
or by check. Please reference the enclosure for electronic payment instructions. You
will need the following information:
To Pay by Electronic Funds Transfer (EFT)
Receiving ABA Number: 051036706
Account Number: 220025
Account/Receiver Name: USACE Finance Center
Amount: $158,520.00
ROV Number: 2183
EROC: L1
Transfer Type: EFT
Receiving Bank: Cash Link-ACH Receiver
Advance Account: 1413
ATTACHMENT 5
101
2
Payment by Check:
If you provide funds by check, please prepare it as follows. Send the
check to the following address:
USACE Finance Center
5722 Integrity Drive
Millington, TN 38054
Make your check payable to "USAED Los Angeles, FAO" in the amount
requested and include the following information:
Advance Account: 1413
ROV Number: 2183
EROC: L1
Please also include the point of contact name, address, and telephone number.
If you need any additional information or have any questions, please contact Ms.
Katie Parks, Outdoor Recreation Planner, at (213) 541-0981 or via email at
Katie.B.Parks@usace.army.mil.
Sincerely,
Cheryl L. Connett
Chief, Real Estate Division
Real Estate Contracting Officer
102
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS, LOS ANGELES DISTRICT
915 WILSHIRE BOULEVARD, SUITE 1109
LOS ANGELES, CALIFORNIA 90017-3409
April 17, 2023
Office of the Chief
Real Estate Division
SUBJECT: Caltrans 71 91 Interchange Improvement Project
Riverside County Transportation Commission
Attn: Bryce Johnston
4080 Lemon Street, 3rd Floor
Riverside, CA 92502
Dear Mr. Johnston:
This concerns the Caltrans 71 91 Interchange Improvement Project within the Prado
Dam Flood Risk Management Basin. Please remit payment in the amount of
$132,000.00 to cover the U.S. Army Corps of Engineers' administrative costs.
Pursuant to 10 U.S.C. §2695, the Corps is authorized to collect administrative fees
to cover project management efforts, review of submittals, and monitoring during the
construction phase of the project and may include, but are not limited to,
environmental, construction, legal, engineering, and real estate services.
QA Support/USACE Monitor: $132,000.00
Total Request: $132,000.00
Please not the administration fee is an estimate, and the U.S. Army Corps of
Engineers may require additional funds or may return any excess. Payment can be
made electronically or by check. Please reference the enclosure for electronic payment
instructions. You will need the following information:
To Pay by Electronic Funds Transfer (EFT)
Receiving ABA Number: 051036706
Account Number: 220025
Account/Receiver Name: USACE Finance Center
Amount: $132,000.00
ROV Number: 2234
EROC: L1
Transfer Type: EFT
Receiving Bank: Cash Link-ACH Receiver
Advance Account: 1413
103
2
Payment by Check:
If you provide funds by check, please prepare it as follows. Send the
check to the following address:
USACE Finance Center
5722 Integrity Drive
Millington, TN 38054
Make your check payable to "USAED Los Angeles, FAO" in the amount
requested and include the following information:
Advance Account: 1413
ROV Number: 2234
EROC: L1
Please also include the point of contact name, address, and telephone number.
If you need any additional information or have any questions, please contact Ms.
Katie Parks, Outdoor Recreation Planner, at (213) 541-0981 or via email at
Katie.B.Parks@usace.army.mil.
Sincerely,
Cheryl L. Connett
Chief, Real Estate Division
Real Estate Contracting Officer
104
From:Bryce Johnston
To:Nicole.Depuy@parsons.com; Hameed Al-Shawk; Darman Darmoian; Jeff.Sparks@parsons.com
Subject:FW: [EXTERNAL] Prado Dam FCB -- 71 91 Interchange Improvement Project
Date:Tuesday, April 18, 2023 11:39:01 AM
Attachments:71 91 Interchange Admin Fee Letter dtd 17 Apr 23.pdf
Bryce Johnston
RCTC - Construction Project Manager
760-269-5150
From: Bostic Parks, Katie CIV (USA) <Katie.B.Parks@usace.army.mil>
Sent: Tuesday, April 18, 2023 11:35 AM
To: Bryce Johnston <BJohnston@RCTC.org>
Subject: [EXTERNAL] Prado Dam FCB -- 71 91 Interchange Improvement Project
Bryce,
Attached is a request for the payment of additional administrative fees for the USACE
(Monitors) during the construction phase of the 71 91 Interchange Improvement project. The
following cost estimate breakdown is based on the construction work schedule provided by the
contractor for work on USACE land:
1. Construction Representative
3 hours of coverage per day
36 weeks, FY 2023 $66,268.80
18 Weeks, FY 2024 $33,268.56
2. Project Engineer
2 hour of coverage per day
36 weeks, FY 2023 $13,968.00
18 Weeks, FY 2024 $ 6,984.00
3. Resident Engineer
1 hour of coverage per day
36 weeks, FY 2023 $7,673.76
18 Weeks, FY 2024 $3,836.88
Total: $132,000.00
Katie Parks
Army Corps of Engineers
Real Estate Division
Civil Works Branch
(213) 541-0981
105
17336.02103\33477498.1 17336.02103\33477498.1
Agreement No. 11-31-110-17
AMENDMENT NO. 17
TO
AGREEMENT WITH PARSONS TRANSPORTATION GROUP, INC.
FOR
PREPARATION OF PLANS, SPECIFICATIONS AND COST ESTIMATE (PS&E)
FOR THE CONSTRUCTION OF THE
STATE ROUTE 91/STATE ROUTE 71 INTERCHANGE IMPROVEMENTS PROJECT
1.PARTIES AND DATE
This Amendment No. 17 to the Agreement for Preparation of Plans,
Specifications and Cost Estimate (PS&E) is made and entered into as of this _____ day
of ________, 2023, by and between the RIVERSIDE COUNTY TRANSPORTATION
COMMISSION (“Commission”) and PARSONS TRANSPORTATION GROUP, INC.
("Consultant").
2.RECITALS
2.1 The Commission and the Consultant have entered into an agreement
dated March 14, 2012 for the purpose of preparing Plans, Specifications
and Cost Estimate (PS&E) for the construction of the State Route 91/State
Route 71 Interchange Improvements Project (the "Master Agreement").
2.2 The Commission and the Consultant have entered into a letter agreement
dated September 20, 2012, for the purpose of amending certain hourly
rates and classifications while maintaining the maximum compensation
provided under the Master Agreement (“Amendment No. 1 to the Master
Agreement”).
2.3 The Commission and the Consultant have entered into an Amendment
No. 2 to the Master Agreement, dated March 19, 2013, for the purpose of
including additional compensation under the Master Agreement.
2.4 The Commission and the Consultant have entered into letter agreements
dated December 19, 2013 and August 13, 2014, for the purpose of
addressing items not listed in scope of service and to transfer budget
within the Master Agreement. The letter agreements are on file at the
offices of the Commission.
ATTACHMENT 6
106
17336.02103\33477498.1
17336.02103\33477498.1 2
2.5 The Commission and the Consultant have entered into an Amendment
No. 3 to the Master Agreement, dated December 5, 2014, for the purpose
of extending the term of the Master Agreement for the continued
preparation of PS&E for the State Route 91/State Route 71 Interchange
Improvements Project.
2.6 The Commission and the Consultant have entered into an Amendment
No. 4 to the Master Agreement, dated December 28, 2015, for the
purpose of extending the term of the Master Agreement for the continued
preparation of PS&E for the State Route 91/State Route 71 Interchange
Improvements Project.
2.7 The Commission and the Consultant have entered into an Amendment
No. 5 to the Master Agreement, dated September 1, 2016, for the purpose
of extending the term of the Master agreement for continued preparation
of PS&E for the State Route 91/State Route 71 Interchange Improvements
Project.
2.8 The Commission and the Consultant have entered into an Amendment
No. 6 to the Master Agreement, dated January 1, 2018, for the purpose of
extending the term of the Master Agreement and to update the
indemnification provision pursuant to SB 496.
2.9 The Commission and the Consultant have entered into an Amendment
No. 7 to the Master Agreement, dated May 14, 2018, for the purpose of
including additional services and compensation for the continued
preparation of PS&E for the State Route 91/State Route 71 Interchange
Improvements Projects as well as incorporating certain standard California
Department of Transportation (“Caltrans”) required contract provisions into
the Master Agreement.
2.10 The Commission and the Consultant have entered into a letter agreement,
dated May 7, 2018, for the purpose of transferring budget within the
Master Agreement. The letter agreement is on file at the offices of the
Commission (“Amendment No. 8 to the Master Agreement”).
2.11 The Commission and the Consultant have entered into an Amendment
No. 9 to the Master Agreement, dated May 14, 2019, for the purpose of
including additional services and compensation for the continued
preparation of PS&E for the State Route 91/State Route 71 Interchange
Improvements Projects.
107
17336.02103\33477498.1
17336.02103\33477498.1 3
2.12 The Commission and the Consultant have entered into a letter agreement
dated July 30, 2019, for the purpose of implementing personnel changes.
The letter agreement is on file at the offices of the Commission
(“Amendment No. 10 to the Master Agreement”).
2.13 The Commission and the Consultant have entered into a letter agreement
dated December 19, 2019 for the purpose of transferring budget within the
Master Agreement. The letter agreement is on file at the offices of the
Commission (“Amendment No. 11 to the Master Agreement”).
2.14 The Commission and the Consultant have entered into a letter agreement
dated June 26, 2020, for the purpose of transferring budget within the
Master Agreement. The letter agreement is on file at the offices of the
Commission (“Amendment No. 12 to the Master Agreement”).
2.15 The Commission and the Consultant have entered into a letter agreement,
dated July 23, 2020, for the purpose of amending the rates of
compensation set forth in Exhibit “C” of the Master Agreement, as
previously amended. The letter agreement is on file at the offices of the
Commission (“Amendment No. 13 to the Master Agreement”).
2.16 The Commission and the Consultant have entered into a letter agreement,
dated October 26, 2020, for the purpose of including additional services
and compensation for the continued preparation of PS&E for the State
Route 91/State Route 71 Interchange Improvements Projects. The letter
agreement is on file at the offices of the Commission (“Amendment No. 14
to the Master Agreement”).
2.17 The Commission and the Consultant have entered into an Amendment
No. 15 to the Master Agreement, dated November 30, 2020, for the
purpose of extending the term of the Master Agreement.
2.18 The Commission and the Consultant have entered into an Amendment
No. 16 to the Master Agreement, dated March 29, 2021, for the purpose of
including additional services and compensation for the continued
preparation of PS&E for the State Route 91/State Route 71 Interchange
Improvements Projects (“Amendment No. 16 to the Master Agreement”).
2.19 The parties now desire to amend the Master Agreement for the purpose of
including additional services and compensation for the continued
preparation of PS&E and design support during construction for the State
Route 91/State Route 71 Interchange Improvements Projects
(“Amendment No. 17 to the Master Agreement”).
108
17336.02103\33477498.1
17336.02103\33477498.1 4
3. TERMS
3.1 The term of the Master Agreement shall be extended through December
31, 2024, unless earlier terminated as provided in the Master Agreement.
3.2 Except as amended by this Amendment No. 17, all provisions of the
Master Agreement, as previously amended by Amendments 1 through 16,
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. 17.
3.3 This Amendment No. 17 shall be governed by the laws of the State of
California. Venue shall be in Riverside County.
3.4 This Amendment No. 17 may be signed in counterparts, each of which
shall constitute an original.
3.5 A manually signed copy of this Amendment No. 17 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. 17 for all purposes. This Amendment No. 17
may be signed using an electronic signature.
[Signatures on following page]
109
17336.02103\33477498. 1 5
SIGNATURE PAGE TO
AMENDMENT NO. 17 TO
AGREEMENT WITH PARSONS TRANSPORTATION GROUP, INC.
FOR
PREPARATIONS OF PLANS, SPECIFICATIONS AND COST ESTIMATE (PS&E)
FOR THE CONSTRUCTION OF THE
STATE ROUTE 91/STATE ROUTE 71 INTERCHANGE IMPROVEMENTS PROJECT
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on
the date first herein above written.
RIVERSIDE COUNTY PARSONS TRANSPORTATION
TRANSPORTATION COMMISSION GROUP, INC.
By: ___________________________ By: _______________________
Anne Mayer, Executive Director Chris A. Johnson,
Vice President/
Regional Manager
APPROVED AS TO FORM:
By: _____________________________
Best Best & Krieger LLP
Counsel to the Riverside County
Transportation Commission
110
17336.02103\33477498. 1 6
EXHIBIT “A”
SCOPE OF SERVICE
[attached behind this page]
111
EXHIBIT A (PART 1)
SR 71/ SR91 PS&E – Scope of work Page 1
Date: 05-08-2023
SR 71/SR 91 Interchange Improvement Project
Scope of Work (Amendment #17)
Background:
The Riverside County Transportation Commission (RCTC), in cooperation with Caltrans, proposes to improve the
existing State Route 71 (SR-71)/State Route 91 (SR-91) interchange (Project) in the City of Corona, Riverside County.
The proposed improvements include constructing a new direct connector from eastbound (EB) SR-91 to northbound
(NB) SR-71 and reconfiguring the EB SR-91 ramp between Green River Road and the SR 71/91 interchange. The
proposed project is anticipated to improve mobility on SR-91 and SR-71 by enhancing operations and capacity at the
SR 71/91 interchange.
During the final design process, there were several changes to the scope of work that resulted in ‘no cost change’
amendments to the contract in which budget from the future Construction Support and As-Built Drawing preparation
tasks were redistributed to cover the changes in scope required by the various agencies. Below is a summary of these
‘no cost change’ amendments that were approved by RCTC for which Parsons is now seeking to recoup budget for
Construction Support services:
· September 7, 2021 ($364,720); Soundwalls – This amendment included the preparation of the
plans, specifications, and estimate for soundwalls spanning seven private properties. Additionally,
the task included right-of-way support, topographic survey, and geotechnical investigations.
· December 7, 2021 ($24,436.69); Design Information Bulletin (DIB) 91 and CEM 1302 Forms – This
amendment included updating the traffic handling plans to comply with DIB 91 and completing the
CEM 1302 Forms for the k-rail design.
· January 3, 2023 ($28,195); Determination of Biologically Equivalent or Superior Preservation Report
(DBESP) - California Department of Fish and Wildlife (CDFW) requires the DBESP be updated to
document the compensatory mitigation acquired for the project.
Additionally, the following funding is required for Army Corps of Engineers:
· On February 7, 2023, RCTC requested that Parsons provide funding to Army Corps of Engineers for
their administrative fees required for the construction phase of the project. An initial payment of
$40,000 was made on 2/13/23 and a subsequent payment of $118,520 was made on 4/11/23. The
total funds transferred to Army Corps was $158,520.
· On April 18, 2023, Army Corps of Engineers sent RCTC a request for an additional $132,000 for a
construction representative, project engineer, and resident engineer during construction. Parsons
plans to pay Army Corp the $132,000 once this amendment is approved.
· Parsons has included an additional $100,000 in the ODC budget of this amendment for future Army
Corps of Engineers fees.
Additional Scope of Work Summary:
The additional scope of work in this Amendment No. 17 includes:
· Scope and fee to replenish the Design Support During Construction and As-Built Drawing preparation tasks
depleted by the above-mentioned amendments.
112
SR 71/ SR91 PS&E – Scope of work Page 2
Date: 05-08-2023
· CCO#6 – RCTC directed change order to incorporate Microwave Vehicle Detection System for tolling
infrastructure
Attachments:
· A - September 7, 2021; Soundwalls
· B - December 7, 2021; Design Information Bulletin (DIB) 91 and CEM 1302 Forms
· C - January 3, 2023; Determination of Biologically Equivalent or Superior Preservation Report
(DBESP)
· D – February 3, 2023; Army Corp of Engineers Funding Letter
113
17336.02103\33477498. 1 7
EXHIBIT “C”
COMPENSATION
[attached behind this page]
114
Firm Remaining Budget Estimate to
Complete Amendment #17
Parsons $408,471.76 $1,527,514.60 $1,119,042.84
EMI $74,373.73 $74,373.73 $0.00
Psomas $4,438.44 $4,438.44 $0.00
FPL $1,278.27 $1,278.27 $0.00
Tylin $66,683.68 $66,683.68 $0.00
ECORP $3,460.95 $0.00 ($3,460.95)
Lynn Capouya $24,507.23 $10,000.00 ($14,507.23)
$1,101,075
SR-71/91 IC PS&E
BUDGET SUMMARY (Amendment No 17)
TOTAL AMENDMENT #17:
115
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Task 1.0 Project Management
Project Management, Invoicing, Meetings 392 340 52 392
0 0
TOTAL HOURS - TASK 1.0 392 340 0 0 0 0 0 0 0 0 52 392
HOURLY RATE $113.61 $89.52 $48.61 $73.03 $67.03 $129.49 $90.37 $69.82 $56.92 $43.05
TOTAL DIRECT LABOR $40,866.22 $38,627.41 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,238.81 $40,866.22
TOTAL MULTIPLIERS $50,228.67 $47,476.95 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,751.72 $50,228.67
TOTAL FEES $9,109.49 $8,610.44 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $499.05 $9,109.49
TOTAL COST - TASK 1.0 $100,204 $94,715 $0 $0 $0 $0 $0 $0 $0 $0 $5,490 $100,204
Task 5.0 Environmental
Determination of Biologically Equivalent or Superior Preservation Report 174 60 114 174
TOTAL HOURS - TASK 3.0 174 0 0 0 60 114 0 0 0 0 0 174
HOURLY RATE $113.61 $89.52 $48.61 $73.03 $67.03 $129.49 $90.37 $69.82 $56.92 $43.05
TOTAL DIRECT LABOR $12,023.63 $0.00 $0.00 $0.00 $4,382.05 $7,641.58 $0.00 $0.00 $0.00 $0.00 $0.00 $12,023.63
TOTAL MULTIPLIERS $14,778.24 $0.00 $0.00 $0.00 $5,385.98 $9,392.26 $0.00 $0.00 $0.00 $0.00 $0.00 $14,778.24
TOTAL FEES $2,680.19 $0.00 $0.00 $0.00 $976.80 $1,703.38 $0.00 $0.00 $0.00 $0.00 $0.00 $2,680.19
TOTAL COST - TASK 3.0 $29,482 $0 $0 $0 $10,745 $18,737 $0 $0 $0 $0 $0 $29,482
Task 13.0 Bid and Construction Support
Design Support During Construction 0 0
Roadway Design Support 1820 260 1040 520 1820
Structures Design Support 2300 830 830 640 2300
As-Built Drawings 578 30 300 20 228 578
TOTAL HOURS - TASK 5.0 4698 260 1070 820 0 0 830 830 660 228 0 4698
HOURLY RATE $113.61 $89.52 $48.61 $73.03 $67.03 $129.49 $90.37 $69.82 $56.92 $43.05
TOTAL DIRECT LABOR $406,730.87 $29,538.61 $95,791.23 $39,856.67 $0.00 $0.00 $107,480.59 $75,004.65 $46,080.92 $12,978.20 $0.00 $406,730.87
TOTAL MULTIPLIERS $499,912.92 $36,305.90 ######### $48,987.84 $0.00 $0.00 $132,104.40 $92,188.22 $56,638.06 $15,951.50 $0.00 $499,912.92
TOTAL FEES $90,664.38 $6,584.45 $21,352.82 $8,884.45 $0.00 $0.00 $23,958.50 $16,719.29 $10,271.90 $2,892.97 $0.00 $90,664.38
TOTAL COST - TASK 5.0 $997,308 $72,429 $234,881 $97,729 $0 $0 $263,543 $183,912 $112,991 $31,823 $0 $997,308
TOTAL PROJECT HOURS 5264 600 1070 820 60 114 830 830 660 228 52 5264
TOTAL PROJECT COST $1,527,515 $167,144 $234,881 $97,729 $10,745 $18,737 $263,543 $183,912 $112,991 $31,823 $5,490 $1,527,515
SR-71/91 PS&E (Amendment 17)
Parsons
116
COST PROPOSAL
Parsons
LABOR COSTS
NAME FUNCTION HOURS RATE AMOUNT
Principal Project Manager 600 $113.61 $68,166.02
Engineering Manager 1,070 $89.52 $95,791.23
Engineer II 820 $48.61 $39,856.67
Environmental Manager 60 $73.03 $4,382.05
Senior Environmental Planner 114 $67.03 $7,641.58
Structures Manager 830 $129.49 $107,480.59
Senior Structures Engineer 830 $90.37 $75,004.65
Structures Project Engineer 660 $69.82 $46,080.92
Senior Engineer 228 $56.92 $12,978.20
Admin 52 $43.05 $2,238.81
TOTAL HOURS 5,264 $459,621
INDIRECT COSTS (OVERHEAD)
ESCALATION 0.00%
OVERHEAD 122.91%
$564,920
DIRECT COSTS Billed at Actual Cost
ITEM QUANTITY UNIT UNIT COST AMOUNT
USACE Funds (Paid 2/13/23 and 4/11/23)1 LS $158,520 $158,520.00
USACE Funds (Unpaid)1 LS $132,000 $132,000.00
USACE Funds (Contingency)1 LS $100,000 $100,000.00
Mileage 1 LS $10,000 $10,000.00
$0.00
$400,520
FEE (PROFIT)
$102,454
COST: $1,527,515
TOTAL FEES
TOTAL LABOR
TOTAL DIRECT COSTS
TOTAL OVERHEAD
10%
117
CM Agreement Change Notice –
Agreement 21-31-012-00 – Falcon Engineering Services, Inc
CONSTRUCTION MANAGEMENT SERVICES, MATERIALS TESTING, CONSTRUCTION
SURVEYING, AND PUBLIC OUTREACH FOR THE 71/91 INTERCHANGE PROJECT
Date: 05/20/2023
Per Agreement paragraph 1, Scope of Services, and paragraph19, Fees and Payment, the following
work is added to the agreement:
Scope description:
1.Original Contract was based on 475WD, however during bidding phase the number of working
days were increased to 575WD, that required additional resources from the CM team .
2.Falcon is requesting the change only for the core staff that will be managing the construction
phase.
3.Other CM services (i.e. material testing and surveying) will not be affected by this chan ge.
4.5 months at average of 168 hours/month have been estimated to be $2,021,452.71
Description Amount
Falcon Engineering Services* $2,021,452.71
* Attached for reference (Exhibit_10-H 1_FALCON Amendment #1.xlsx)
Total cost of change is $2,021,452.71
Contract Summary
Original Contract $16,693,137.51
Amendment #1 $2,021,452.71
Total Contract $18,714,590.22
Original Contingency $1,108,490.00
Contingency Balance after Amendment -$912,962.71
ATTACHMENT 7
118
Agreement No. 21-31-012-01
AMENDMENT NO. 1
TO AGREEMENT WITH
FALCON ENGINEERING SERVICES, INC.
FOR
CONSTRUCTION MANAGEMENT SERVICES, MATERIALS TESTING,
CONSTRUCTION SURVEYING, AND PUBLIC OUTREACH
FOR THE
71/91 INTERCHANGE PROJECT
1.PARTIES AND DATE
This Amendment No. 1 to Agreement for Construction Management Services,
materials testing, construction surveying, and public outreach ("Amendment No. 1")
is entered into as of this day of _____, 2023, by and between the
RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("Commission") and
FALCON ENGINEERING SERVICES INCORPORATED ("Consultant"), a California
corporation.
2.RECITALS
2.1 The Commission and the Consultant have entered into Agreement No. 21-31-
012-01, dated August 10, 2021, (the "Master Agreement") for the purpose of
providing construction management services, materials testing, construction
surveying, and public outreach for the State Route 71 / State Route 91
Interchange Project (the "Project")
2.2 The Commission and the Consultant now desire to amend the Master
Agreement in order to provide additional funding to compensate Consultant for
additional 100-working day of Consultant services required for the Project.
3.TERMS
3.1 The Services, as that term is defined in the Master Agreement, shall be
amended to include the additional services required to complete the Project, as
further described in Exhibit "A" attached to this Amendment No. 1 and
incorporated herein by reference.
3.2 The maximum compensation to be provided under this Amendment No. 1 for
the Services as set forth in the attached Exhibit "A" shall not exceed Eighteen
Million, Seven Hundred Fourteen Thousand Fife Hundred Ninety One Dollars
and No Cents ($18,714,591), as further detailed in Exhibit "B" attached to this
Amendment No. 1 and incorporated herein by reference.
3.3 Except as amended by this Amendment No. 1, all provisions of the Master
ATTACHMENT 8
119
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.
3.4 This Amendment No. 1 shall be governed by the laws of the State of California.
Venue shall be in Riverside County.
3.5 A manually signed copy of this Amendment No. 1 which is transmitted by
facsimile, email or other means of electronic transmission shall be deemed to
have the same legal effect as delivery of an original executed copy of this
Amendment No. 1 for all purposes. This Amendment No. 1 may be signed
using an electronic signature.
3.6 This Amendment No. 1 may be signed in counterparts, each of which shall
constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
120
SIGNATURE PAGE
TO
AGREEMENT NO. 21-31-012-01
IN WITNESS WHEREOF, the parties hereto have executed this
Amendment as of the date first herein above written.
RIVERSIDE COUNTY FALCON ENGINEERING
TRANSPORTATION COMMISSION SERVICES, INC.
By: By:
Anne Mayer, Executive Director Signature
Name
Title
APPROVED AS TO FORM ATTEST:
By: By:
Best Best & Krieger LLP
General Counsel Its: President / Chief Financial
Officer
* 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.
121
If the above persons are not the intended signators, evidence of signature authority shall
be provided to RCTC.
EXHIBIT A
SCOPE OF SERVICES
[attached behind this page]
122
EXHIBIT “C”
COMPENSATION
[attached behind this page]
123
AGENDA ITEM 6E
Agenda Item 6E
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: July 12, 2023
TO: Riverside County Transportation Commission
FROM: David Thomas, Toll Project Delivery Director
THROUGH: Anne Mayer, Executive Director
SUBJECT: 2023 State Route 91 Implementation Plan
STAFF RECOMMENDATION:
This item is for the Commission to:
1) Approve the 2023 State Route 91 Implementation Plan.
BACKGROUND INFORMATION:
In 2002, AB 1010 authored by former Assemblyman Lou Correa allowed the Orange County
Transportation Authority (OCTA) to purchase the 91 Express Lanes franchise from the California
Private Transportation Company. OCTA completed the purchase agreement in January 2003, at
a cost of $207.5 million. AB 1010 also eliminated the existing non-compete clause in the franchise
agreement that prohibited any capacity-enhancing improvements from being made to SR-91
until the year 2030. The purchase of the 91 Express Lanes and the elimination of the non-
compete clause allowed much needed improvements to be planned and implemented within the
SR-91 corridor. Caltrans Districts 8 and 12, the Commission, and OCTA have been coordinating
these improvements.
In 2008, SB 1316’s passage authorized an extension of OCTA’s tolling authority to 2065 and for
the Commission to impose tolls and fees for 50 years on transportation facilities and to use toll
revenues to construct, operate, and maintain toll facilities on SR-91 in Riverside County. SB 1316
also required the creation of the State Route 91 Advisory Committee with specific responsibilities
composed of board members from the Commission and OCTA.
SB 1316 also required the continuation of annual updates of an implementation plan of SR-91
improvements for the Legislature initially required under AB 1010. Consistent with the
legislation, OCTA and the Commission in consultation with Caltrans completed the 2023 State
Route 91 Implementation Plan (attached). The plan details proposed projects and completion
schedules for transportation improvements to Metrolink, express bus, express lanes, freeways
and interchanges, new east-west highway corridors, and high-speed rail.
124
Agenda Item 6E
SB 1316 grants the Commission the authority to expend tolls and fees on capital costs, operations
and maintenance, repair and rehabilitation, debt financing costs, and administration. Any tolls
and fees generated in excess of the expenditure needs (i.e., surplus) previously listed may be
spent on transportation needs within the State Route 91 corridor from the Orange County line to
Interstate 15. These transportation needs include transit capital, transit operations, and State
Highway capital improvements for both toll and non-tolled improvements. As part of its annual
budget approval process, the Commission approved the use of tolls and fees generated from its
91 Express Lanes operations designated as surplus for various projects.
Lastly, staff posted on the Commission’s web site the SR-91 Implementation Plan for public
review and comment on June 1, 2023 for 30 days per SB 1316.
Attachment: 2023 State Route 91 Implementation Plan
125
State Route 91 Implementation Plan 2023
IMPLEMENTATION PLAN
STATE ROUTE 91
2023
Prepared By:
126
State Route 91 Implementation Plan 2023
Table of Contents
STATE ROUTE 91 IMPLEMENTATION PLAN 2023 3
Section 1: 2023 Status Report and Update 5
Section 2: Implementation Plan 22
Orange County Projects 23
Riverside County Projects 27
Bi-County Projects 32
Appendix A – Post-2035 and Conceptual Projects 36
Appendix B – Completed Project Exhibits 41
Appendix C - References 53
127
State Route 91 Implementation Plan 2023
CO
M
P
L
E
T
E
D
E
F
F
O
R
T
S
REGION PROJECT COST
(MILLIONS)COMPLETION
Orange County
Eastbound Lane Addition (SR-241 to SR-71)$52.1 2010
Fifth Lane Addition (SR-55 to SR-241)$85.2 2013
Westbound Lane at Tustin Avenue $43.3 2016
Anaheim Canyon Metrolink Station Improvements $34.2 2023
Riverside
County
Green River Road Overcrossing $24.3 2009
North Main Street Corona Metrolink Parking Structure $25 2009
91 Corridor Improvement Project (Initial Phase)$1,407 2017
La Sierra Metrolink Parking Improvements $6.3 2019
Bi-County
Metrolink Service Improvements $249 2016
Express Bus Service $6 2019
SR-91 Corridor Operations Project $38 2022
AN
T
I
C
I
P
A
T
E
D
P
R
O
J
E
C
T
S
REGION PROJECT COST
(MILLIONS)
CURRENT
PHASE
Orange County
SR-91 Improvements (SR-57 to SR-55) $460 Final Design
Placentia Metrolink Rail Station $34.8 Final Design
Metrolink Improvements TBD Planning
Riverside
County
15/91 Express Lanes Connector $270 Construction
Eastbound 91 Express Lane Extension $10 Environmental
SR-71/SR-91 Interchange Improvements $137 Construction
Improvements East of I-15 TBD Environmental
Bi-County
SR-241/SR-91 Tolled Express Connector $380 Final Design
91 Eastbound Corridor Operations Project (SR-241 to SR-71) TBD Environmental
91 Westbound Improvements (SR-241 to SR-71) TBD Preliminary
Engineering
CO
N
C
E
P
T
S
LOCATION COST
(MILLIONS)
Elevated 4-Lane Facility (MIS Corridor A) from SR-241 to I-15 (Post-2035)$2,720
WB SR-91 to SB SR-55 Connector Improvements (Post-2035)$75-$150
EB SR-91 Fifth Lane Addition at SR-241 $31
Fairmont Boulevard Improvements $76.8
B E N E F I T S
Every year since 2003, OCTA,
RCTC, and stakeholders have
worked collaboratively to review
a program of projects along the
SR-91 corridor.
Provides seamless
connectivity between Orange
and Riverside Counties
Increases travel options
Optimizes vehicle throughput
Reinvests net 91 Express
Lanes revenues on the SR-91
corridor to improve regional
mobility
Investments to date: $1.9
billion
STATE ROUTE 91 IMPLEMENTATION PLAN 2023 4
128
Introduction
Section 1: 2023 Status Report and Update
Previous law authorized the California Department of
Transportation (Caltrans) to enter into franchise agreements with
private companies to construct and operate four demonstration
toll road projects in California. This resulted in the development of
the 91 Express Lanes facility in Orange County. The four-lane,
10-mile toll road runs along the median of State Route 91 (SR-91)
in northeast Orange County between the Orange/Riverside
County line and State Route 55 (SR-55). Since the 91 Express
Lanes carried its first vehicle on December 27, 1995, the facility
has saved users tens of millions of hours of commuting time.
While the 91 Express Lanes facility has improved travel time
along the SR-91 corridor, provisions in the franchise agreement
between Caltrans and the private franchisee, the California Private
Transportation Company (CPTC), prohibited Caltrans and county
transportation agencies from adding transportation capacity or
operational improvements to the SR-91 corridor through the year
2030 from Interstate 15 (I-15) in Riverside County to the
Orange/Los Angeles Counties border. Consequently, the public
agencies were barred from adding new lanes, improving
interchanges, and adding other improvements to decrease
congestion on the SR-91 freeway.
Recognizing the need to eliminate the non-compete provision of
the franchise agreement, Governor Gray Davis signed Assembly
Bill 1010 (Lou Correa) (AB 1010) into law in September 2002,
paving the way for much-needed congestion relief for thousands
of drivers who use SR-91 to travel between Riverside and Orange
Counties each day. The bill allowed the Orange County
Transportation Authority (OCTA) to purchase the 91 Express
Lanes franchise and eliminate the non-compete clause that
prohibited capacity-enhancing improvements from being made to
SR-91. Although the 91 Express Lanes operate within a 10-mile
stretch of Orange County, between SR-55 and Orange/Riverside
county lines the franchise technically allowed operation of toll
lanes into Riverside County. The purchase agreement for the 91
Express Lanes was completed on January 3, 2003, placing the
road in public hands at a cost of $207.5 million. With the
elimination of the non-compete provision through AB 1010 and
the subsequent 91 Express Lanes purchase by OCTA, Orange
County and Riverside County public officials and Caltrans Districts
8 and 12 have been coordinating improvement plans for SR-91.
5STATE ROUTE 91 IMPLEMENTATION PLAN 2023129
Introduction (continued)
Senate Bill 1316 (Lou Correa) (SB 1316) was signed into law in
September 2008 as an update to the provisions of AB 1010. SB
1316 authorizes OCTA to transfer its rights and interests in the
Riverside County portion of SR-91 toll lanes by assigning them to
the Riverside County Transportation Commission (RCTC) and
authorizes RCTC to operate tolls for 50 years. In 2017, RCTC
opened the extension of the 91 Express Lanes to traffic into
Riverside County with completion of the initial phase of the SR-
91 Corridor Improvement Project (see Appendix B). SB 1316
also requires OCTA and RCTC, in consultation with Caltrans, to
issue an annual SR-91 Implementation Plan (Plan) for SR-91
improvements between State Route 57 (SR-57) and I-15. The
Plans prior to adoption of SB 1316 included a westerly project
limit of SR-55. The Plan establishes a program of potential
improvements to relieve congestion and improve operations in
the SR-91 corridor.
The 2023 Plan fulfills the requirement to provide the State
Legislature with an annual Implementation Plan for SR-91
improvements and builds on the 2022 Plan. The projects
included in the 2023 Plan have been infused with various
sources of local, state, and federal funding. The 2023 Plan
includes overviews, status summaries, and proposed costs and
schedules for projects to improve mobility on SR-91. Also
included are conceptual lane diagrams (as appropriate), and
discussions of key considerations that need to be addressed in
the planning and development of each project. This Plan will
provide OCTA, RCTC, and Caltrans with a framework to
implement SR-91 and other related improvements. Future annual
Plan updates will continue to refine the scope, cost, and schedule
of each project included in this version of the Plan.
6STATE ROUTE 91 IMPLEMENTATION PLAN 2023
Section 1: 2023 Status Report and Update
130
With the completion of the State Route 91
Corridor Improvement Project’s initial
phase in spring 2017, there are now
approximately 18 miles of Express Lanes
between Orange and Riverside counties.
OCTA and RCTC have adopted goals for
the 91 Express Lanes to continue to
maintain a safe, reliable, and predictable
travel time for express lane users
traversing seamlessly between the two
counties. The goals listed here take into
consideration the 91 Express Lanes as well
as the SR-91 corridor at large.
7STATE ROUTE 91 IMPLEMENTATION PLAN 2023
Section 1: 2023 Status Report and Update
91 EXPRESS LANES TOLL POLICY GOALS
Optimizing vehicle throughput at free flow speeds;
Increasing average vehicle occupancy;
Balancing capacity and demand to serve customers who pay tolls
as well as carpoolers (3+) who are offered discounted tolls;
Paying debt service and maintaining debt service coverage;
Generating sufficient revenue to sustain the financial viability of
the 91 express lanes; and
When appropriate, reinvesting net revenues on the SR-91
corridor to improve regional mobility.
These guiding principles include:
131
8STATE ROUTE 91 IMPLEMENTATION PLAN 2023
Section 1: 2023 Status Report and Update
Much progress has been made
since the initial 2003 SR-91
Implementation Plan was
approved. The 2023 Plan includes
select completed project exhibits
as a historical reference.
Project
Accomplishments
Completed Construction/ Improvement Projects
Repaved and sealed pavement surfaces, restriped, and replaced raised channelizers on the 91 Express Lanes.
On EB SR-91 the roadway was restriped, and the median barrier was reconstructed. This project removed the CHP
enforcement area and extended the EB auxiliary lane from SR-71 to the Serfas Club Drive off-ramp.
The WB auxiliary lane was extended between the County line and SR-241. This project eliminated the lane drop at the
91 Express Lanes and extended the existing auxiliary lane from the County line to SR-241 in the westbound direction.
This improvement minimized the traffic delays at the lane drop area, resulting in improved vehicle progression.
On WB SR-91 the roadway was restriped to extend the auxiliary lane between SR-71 and the County line. This
resulted in a new continuous lane between SR-71 and SR-241.
Safety Improvements were constructed at the Truck Scales. Existing shoulders were improved, lanes were re-striped,
illumination improved, and signage was modified into and out of the EB facilities.
Green River Road overcrossing replacement (see Appendix B).
Metrolink parking structure at the North Main Street Corona Metrolink Station (see Appendix B).
EB SR-91 lane addition from SR-241 to SR-71 (see Appendix B).
Additional SR-91 WB and EB travel lane between SR-55 and SR-241 (see Appendix B).
SR-91 WB bypass lane to Tustin Avenue at SR-55 (see Appendix B).
Metrolink Service Improvements (see Appendix B).
Initial SR-91 Corridor Improvement Project (CIP) (see Appendix B).
La Sierra Metrolink Parking Improvements (see Appendix B)
Express Bus Service (see Appendix B)
91 Corridor Operations Project (see Appendix B)
Anaheim Canyon Metrolink Station Improvements (see Appendix B)
132
9STATE ROUTE 91 IMPLEMENTATION PLAN 2023
Section 1: 2023 Status Report and Update
These projects provide enhanced freeway capacity and/or
improved mobility for one of the most congested segments of
SR-91.
The completed EB SR-91 lane addition project from SR-241 to
SR-71 (see Appendix B) has improved highway operations. This
project reduced travel time by approximately 20 minutes during
its opening year.
The Initial CIP project has provided significant benefits to drivers
on SR-91. This $1.4 billion investment project included widening
SR-91 by one GP lane in each direction east of SR-71, adding
collector-distributor (CD) roads and direct south connectors at I-
15/SR-91, extending the 91 Express Lanes to I-15, and
providing system/local interchange improvements. The new lanes
and other improvements provide time savings, offer choice and
reliability, boost safety, enhance access and job creation, promote
ridesharing, reduce pollution, and aid the movement of goods
along the region's roadways.
The WB SR-91 Widening Project completed construction in
2016 from State College Blvd to Interstate 5 (I-5). This project
added one WB general purpose lane and removed the dedicated
exit lane to State College Blvd from the SB SR-57 to WB SR-91
Connector that contributed to operational issues due to the short
weaving distance. While this project falls just to the west of the
limits for the Plan study area, it will have an influence on
operations within the Plan area.
In addition, there are two projects that impact future SR-91
widening projects. The first is the $2.8 billion U.S. Army Corps of
Engineers (Corps) Santa Ana River Mainstem project that
provides flood protection from the recently improved Prado Dam
(near SR-71) to the Pacific Ocean. The project includes many
features that have already been completed, including
improvements to Seven Oaks Dam, 30 miles of levees and
modifications to original project features including raising the
Prado Dam embankment and installation of new, larger capacity
outlet works. In 2021, the Corps and Orange County Flood
Control District amended a cooperative agreement which would
allow the Corps to use federal funds under the Bipartisan Budget
Act to complete select features of the project.
SR-91 project teams have coordinated with the Corps, Orange
County Flood Control District, Caltrans, and other federal,
regional, and local agencies to accommodate planned SR-91
improvements adjacent to the Santa Ana River.
133
10STATE ROUTE 91 IMPLEMENTATION PLAN 2023
Section 1: 2023 Status Report and Update
There are various project
development phase documents
(Feasibility Reports, Studies, PSR,
PA/ED, or PS&E) that are
completed, or are in draft form and
anticipated to be approved that
identify mobility improvements.
These documents include:
Completed Designs
and Reports
MIS – Final Project Report: Locally Preferred Strategy Report (January 2006).
Renewed Measure M Transportation Investment Plan (November 2006).
RCTC 10-Year Western County Highway Delivery Plan (December 2006).
SR-91/Fairmont Boulevard Feasibility Study (December 2009).
Corridor System Management Plan (CSMP) Orange County SR-91 Corridor Final Report (August 2010).
Renewed Measure M Early Action Plan, approved August 2007 and subsequently renamed as the Capital Action Plan
(April 2011).
PSR-PDS for SR-241/SR-91 Tolled Express Connector (January 2012).
Project Report & Environmental Document for 91 Corridor Improvement Project (October 2012)
PSR-PDS on SR-91 between SR-57 and SR-55 (October 2014).
SR-71/SR-91 Interchange Environmental Phase (2011) and Final Design (2015).
Project Report & Environmental Document for 15/91 Express Lanes Connector (June 2019).
Project Report & Environmental Document for 91 Corridor Operations Project (April 2020).
Project Report & Environmental Document for SR-241/SR-91 Tolled Express Connector (April 2020).
Project Report & Environmental Document for SR-91 Improvement Project between SR-57 and SR-55 (July 2020).
2022 Next 10 Delivery Plan (November 2022).
134
11STATE ROUTE 91 IMPLEMENTATION PLAN 2023
Section 1: 2023 Status Report and Update
Project Limits
The project study limits encompass the segment of SR-91 from west of the junction of SR-57 and SR-91 in the
City of Anaheim in Orange County, to east of the junction of SR-91 and I-15 in the City of Corona in Riverside
County. The freeway segment is approximately 20.3 miles long and includes 12.7 miles within Orange County
and 7.6 miles within Riverside County.
135
12STATE ROUTE 91 IMPLEMENTATION PLAN 2023
Section 1: 2023 Status Report and Update
Existing Traffic Conditions Summary
Similar to other parts of the state, traffic demand on Orange
County roadways, including the SR-91 corridor, has shown a
steady increase following the lifting of the Stay-at-Home
Order on June 15, 2021. Through the year of 2022, the peak
period times as well as day-to-day variations of traffic patterns
along the SR-91 corridor have been stabilized for the most
part. In the Traffic Operations Policy Directive (23-01) issued
by Caltrans on January 30 of 2023, the request of using
historical traffic data to conduct analyses for State Highway
System (SHS) projects was updated to apply for the time
period starting on March 13th, 2020 and ending on January
31st, 2022.
As a result, existing traffic data was collected for the purpose
of this analysis in support of the 2023 Plan. Existing morning
(6-10 a.m.) and afternoon (3-7 p.m.) peak period traffic
volumes were collected from multiple data sources. The SR-91
mainline and High Occupancy Vehicle (HOV) volumes were
obtained from the Caltrans Performance Measurement System
(PeMS). The SR-91 Express Lane volumes were provided by
OCTA and RCTC. The SR-91 on- and off-ramp volumes were
collected from the field. In addition, the travel time and speed
data were collected from the field and supplemented with
INRIX speed data. All existing traffic data represent typical
weekday traffic patterns along the SR-91 corridor in the
month of October 2022.
The Caliper TransModeler software model that reflected the
2019 (pre-COVID) conditions was updated and validated to
the new existing 2022 conditions. The model used for the
2023 Plan also incorporated dynamic traffic assignment to
further enhance the model’s performance in route choice and
to better capture traffic operations due to congestion patterns
and toll strategies. The model represents the morning (6-10
a.m.) and afternoon (3-7 p.m.) peak periods.
Under existing (2022) conditions, current capacity of the SR-
91 corridor is inadequate to accommodate existing peak
demand volumes. Level of Service (LOS) F prevails in the peak
direction during the majority of morning peak period and the
entire afternoon peak period. The definition of LOS F is a
density of more than 45 passenger cars/lane/mile and the
worst freeway operating condition. The results also indicate
that there are several physical conditions that contribute to
unacceptable traffic queues.
136
13STATE ROUTE 91 IMPLEMENTATION PLAN 2023
Section 1: 2023 Status Report and Update
Existing Traffic Conditions Summary
During the weekdays, westbound SR-91 experiences heavier traffic conditions during the morning commute for travelers leaving
Riverside County to employment areas in Orange and Los Angeles Counties. The corridor is generally most congested between the
peak period of 6 a.m. to 9 a.m. in the westbound direction and the peak period of 3 p.m. to 7 p.m. in the eastbound direction. Due to
the high demand, congestion in the corridor occurs before and after the peak periods. The eastbound afternoon conditions tend to be
exacerbated by the lack of receiving capacity in the Riverside County portion of the SR-91 corridor. Accordingly, RCTC is working
closely with Caltrans District 8 to sponsor improvements that will provide congestion relief for the eastbound afternoon condition.
Some of these improvements include the 15/91 Express Lane Connector, SR-71/SR-91 Interchange, and Improvements East of I-15.
The following is a summary of the deficiencies identified along the SR-91 corridor:
Heavy traffic volumes to/from I-15 converge with the SR-91 and increase delay during the morning and evening peak hours.
SR-71 traffic demand as well as physical and operational constraints for the EB SR-91 to NB SR-71 connector contribute to mainline and EB
SR-91 corridor delays.
Partial completion of the westbound 91 Corridor Operations Project improves the traffic operations in the westbound direction. However,
traffic entering the WB SR-91 from the Green River Road and SR-71 on-ramps still contributes to mainline congestion during the morning
peak period.
High traffic volumes entering the freeway from Gypsum Canyon Road, Santa Ana Canyon Road, Green River Road, Weir Canyon Road,
Imperial Highway and Lakeview Avenue contribute to congestion on the SR-91 mainline.
One of the two lanes from the Eastern Transportation Corridor (State Route 241) connector is dropped at the merge to EB SR-91 causing
additional congestion on the EB SR-91 general purpose lanes.
At the NB SR-55 interchange with EB SR-91, a lane on SR-91 is dropped (as a dedicated exit) at Lakeview Avenue and a second lane is
dropped (as a dedicated exit) at Imperial Highway creating a weave condition.
WB SR-91 drops two GP lanes and a 91 Express Lane to SB SR-55, contributing to mainline congestion. This drop also occurs on the left-
hand side of SR-91, creating a weaving condition.
WB traffic entering SR-91 at Lakeview Avenue traveling to SB SR-55 contributes to mainline congestion by weaving across three lanes on
SR-91.
A lane drop on EB SR-91 at SB SR-241 creates a chokepoint.
137
14STATE ROUTE 91 IMPLEMENTATION PLAN 2023
Section 1: 2023 Status Report and Update
Logical Project Sequencing
As noted, the SR-91 Corridor in Riverside County, in the
EB direction, lacks the receiving capacity during the
afternoon peak period which creates a bottleneck
condition. Due to the high levels of congestion
experienced on this segment of the corridor, there is
sensitivity to any changes that may affect traffic
operations. Without first addressing the congestion in
Riverside County, any performance or capacity enhancing
projects upstream would further exacerbate congested
conditions causing additional delays and queueing.
Therefore, projects that have the potential to impact
demand and/or provide additional capacity in the EB
direction should be considered in a logical sequence to
ensure that there is sufficient receiving capacity in
Riverside County.
In October 2019, a consensus was reached between
OCTA, RCTC, Caltrans, and the TCA that would set the
stage for a series of projects to be implemented in
sequential order to improve the SR-91 corridor. OCTA,
RCTC, TCA, and Caltrans, Districts 8 and 12, as well as
Caltrans Headquarters directors, worked through five
major issues. This framework will enable the streamlining
of the implementation of the SR-241/SR-91 Tolled
Express Connector project while minimizing impacts to
the 91 corridor. The subject matter of the multi-agency
consensus is outlined to the right:
1.Setting priorities for SR-91 corridor projects to reduce
construction-related impacts;
2.Allowing completion of the environmental approval process and
updating related programming documents;
3.Clarifying lead agencies for final design, construction, and
maintenance;
4.Identifying the principal funding agency for final design,
construction, and maintenance; and
5.Designating lead agencies for retaining toll revenue and toll
setting/operational control.
Based on the above framework, the agencies reached consensus on
a 91 Corridor program of projects and sequencing as outlined
below:
15/91 Express Lanes Connector
SR-91 Corridor Operations Project
SR-71/SR-91 Interchange Improvements*
SR-241/SR-91 Tolled Express Connector
*Note: SR-241/SR-91 Tolled Express Connector is not dependent
upon completion of SR-71/SR-91 Interchange Improvements
138
15STATE ROUTE 91 IMPLEMENTATION PLAN 2023
Section 1: 2023 Status Report and Update
Project Summary
The projects in this Plan are presented in the
following groups: Orange County Projects,
Riverside County Projects and Bi-County
Projects. The stage of development for each
project, such as planning, final design,
construction, or procurement and
implementation, varies as noted in the project
summaries. Table 1 summarizes the various
planned projects, concept projects, and
completed projects. For details on each project
refer to Section 2 for planned projects and
Appendix B for selected complete projects.
The Orange County projects have a total cost of
approximately $495 million. The projects include the
SR-91 improvements between between SR-57 and
SR-55, Placentia Metrolink rail station, and Metrolink
Improvements.
The Riverside County projects have a total cost of over
$417 million. The improvements include: a 15/91
Express Lanes Connector, Eastbound 91 Express Lane
Extension, SR-71/SR-91 Interchange Improvements,
and SR-91 improvements east of I-15.
The Bi-County projects benefit both Orange and
Riverside Counties. The total cost for the Bi-County
projects exceeds $380 million. The improvements
include: the SR-241/SR-91 Tolled Express Connector,
91 Eastbound Corridor Operations Project (SR-241 to
SR-71), and 91 Westbound Improvements (SR-241 to
SR-71).
Table 1 – SR-91 Implementation Plan Projects
Project Cost ($M)
Orange County Projects
SR-91 Improvements between SR-57 and SR-55 460
Placentia Metrolink Rail Station 34.8
Metrolink Improvements TBD
SUBTOTAL 495+
Riverside County Projects
15/91 Express Lanes Connector 270
91 Eastbound Express Lane Extension 10
SR-71/SR-91 Interchange Improvements 137
Improvements East of I-15 TBD
SUBTOTAL 417+
Bi-County Projects
SR-241/SR-91 Tolled Express Connector 380
91 Eastbound Corridor Operations Project (SR-241 to SR-71)TBD
91 Westbound Improvements (SR-241 to SR-71)TBD+
SUBTOTAL 380+
Concept Projects
Elevated 4-Lane Facility (MIS Corridor A) from SR-241 to I-15 2,720
Westbound SR-91 to Southbound SR-55 Improvements 75 – 150
Eastbound SR-91 Fifth Lane Addition at SR-241 31
Fairmont Boulevard Improvements 76.8
SUBTOTAL 2,902.8-2,977.8
Completed Project Summary Since 2006 (Constructed Year)Cost ($M)
Green River Road Overcrossing Replacement (March 2009)24.3
North Main Street Corona Metrolink Station Parking Structure (June 2009)25
Eastbound Lane Addition from SR-241 to SR-71 (September 2010)51.2
Widen SR-91 between SR-55 and SR-241 by Adding a 5th GP Lane in Each Direction (January 2013)85.2
SR-91 WB Lane at Tustin Avenue (April 2016)43.2
Metrolink Service Improvements (June 2016)249
Initial Phase CIP: Widen SR-91 by One GP Lane in Each Direction East of Green River Rd, CD Roads and I-15/SR-
91 Direct South Connector, Extension of Express Lanes to I-15 and System/Local Interchange Improvements
(2017)
1,407
Express Bus Service (2019)6
La Sierra Metrolink Parking Improvements (2019)6.3
SR-91 Corridor Operations Project (2022)38
Anaheim Canyon Metrolink Station Improvements (2023)34.2
SUBTOTAL 1,969.4
139
16
Year 2045
STATE ROUTE 91 IMPLEMENTATION PLAN 2023
Section 1: 2023 Status Report and Update
Traffic Analysis
For the 2023 Plan, the traffic analysis for major SR-91 projects used the
TransModeler model calibrated and validated to reflect existing traffic
patterns of 2022 as described in the prior section. This traffic simulation
model provides a better depiction of actual travel delays experienced by
motorists compared to traditional travel demand models. The model can
be used to analyze freeway bottlenecks sometimes neglected in
traditional travel demand models.
This approach is especially important given high SR-91 traffic volumes
and the potential for relatively few vehicles to significantly slow down
traffic. For example, a minor freeway merging area can cause many
vehicles to slow, cascading delay through the traffic stream, and rapidly
decreasing both speed and volume for major segments of the freeway.
The metrics reported in the Plan include travel time from the beginning to
the end of the study corridor and vehicle hours of delay experienced on
the study corridor, which both focus on operations for vehicles on SR-91.
A third metric includes vehicles served by the system in the study corridor
and takes into consideration vehicles on ramps and freeways that feed
into or are fed by SR-91 in the study area. In addition to the existing year
2022 analysis, two future years of 2030 and 2045 were analyzed and
include the SR-91 projects that are scheduled to be completed by the
respective year. The operations analysis quantified travel time savings for
WB morning and EB afternoon conditions for the following major
improvements projects:
SR-91 Improvements between SR-57 and SR-55
15/91 Express Lanes Connector
SR-71/SR-91 Interchange Improvements
SR-241/SR-91 Tolled Express Connector
Year 2030
Projects completed in 2030
SR-91 Improvements East of I-15
SR-91 Eastbound Corridor Operations Project
SR-91 Westbound Corridor Operations Project
(remaining)
Fairmont Boulevard Improvements
140
17STATE ROUTE 91 IMPLEMENTATION PLAN 2023
Section 1: 2023 Status Report and Update
Westbound Analysis
The WB morning traffic analysis results indicate that for the year
2030 forecasts, peak hour travel times are anticipated to
exacerbate in Riverside County (by about 6 minutes) and maintain
to the same in Orange County. In addition to increasing travel time,
overall vehicle hours of delay in the corridor will increase (by about
29 percent), while the entire system is able to serve more vehicles
(by about 4 percent). Bottlenecks are anticipated at the Orange-
Riverside County line and at the SR-241 interchange/Gypsum
Canyon interchange area, which will create a long queue on WB
SR-91 extending to the I-15/SR-91 interchange. The bottleneck at
the SR-55 interchange will be relieved.
For the year 2045 forecasts, travel times are anticipated to
decrease (by about 21 minutes) in Riverside County, and increase
(by about 16 minutes) in Orange County when compared to 2030.
Overall vehicle hours of delay will decrease (by about 10 percent)
in the corridor, and the number of vehicles the system is serving
will also increase (by about 12 percent). There is a bottleneck at
SR-71 due to a large increase of vehicles going to and from SR-71.
Also, with more vehicles able to travel downstream, another
bottleneck occurs at the Tustin Avenue and SR-55 area. Travel
time in Orange County shows an increase in 2045 due to the
growth in traffic, projects relieving congestion upstream allowing
more vehicles to travel downstream, and no additional capacity
enhancing projects in Orange County. OCTA and RCTC are
exploring multi-modal opportunities on, or adjacent to, the SR-91
corridor that could provide additional congestion relief.
Express Lanes in the westbound direction operate satisfactorily in
2030 and will experience a slowdown in 2045 in Riverside County
where the 3-lane section merges back to two lanes. RCTC is
planning to implement dynamic pricing for the SR-91 corridor in
the near future, which will help to maintain satisfactory operation
of the Express Lanes
141
18STATE ROUTE 91 IMPLEMENTATION PLAN 2023
Section 1: 2023 Status Report and Update
Westbound Analysis
Figures 1-1 and 1-2 below summarize the westbound corridor vehicle hours of delay and systemwide served vehicles, respectively.
0
1,000
2,000
3,000
4,000
5,000
6,000
7,000
8,000
9,000
Year 2022 Year 2030 Year 2045
Figure 1-1 – Westbound SR-91 from I-15 to SR-57
A.M. Peak Period Corridor Vehicle Hours of Delay
0
20,000
40,000
60,000
80,000
100,000
120,000
Year 2022 Year 2030 Year 2045
Figure 1-2 – Westbound SR-91 from I-15 to SR-57
A.M. Peak Period Systemwide Served Vehicles
142
19STATE ROUTE 91 IMPLEMENTATION PLAN 2023
Section 1: 2023 Status Report and Update
Eastbound Analysis
The EB afternoon traffic analysis indicates that for the year 2030
forecasts, peak hour travel times are anticipated to decrease (by
about 18 minutes) in Riverside County and increase (by about
24 minutes) in Orange County. With the increase of total travel
time (by about 6 minutes) required to travel through the corridor,
the vehicle hours of delay will also increase (by about 3 percent)
and the number of vehicles served by the system will decrease
(by about 3 percent). The major bottleneck still occurs at the
county line. Improvement projects near SR-55 and I-15 should
alleviate congestion in those areas.
For the year 2045 forecasts, travel times are anticipated to
increase (by about 8 minutes) in Riverside County and decrease
in Orange County (by about 29 minutes) when compared to
2030. Overall vehicle hours of delay will decrease (by about 8
percent) and the number of vehicles the system is serving will be
greater (by about 8 percent). The main bottleneck remains at the
county line, however, with the inclusion of the EB Corridor
Operations Project, the congestion at the county line will be
reduced. More vehicles traveling downstream will increase
congestion in Riverside County near the Main Street and I-15
area.
Express Lanes in the eastbound direction operate satisfactorily
in all the analysis years
143
20STATE ROUTE 91 IMPLEMENTATION PLAN 2023
Section 1: 2023 Status Report and Update
Eastbound Analysis
Figures 1-3 and 1-4 below summarize the eastbound corridor vehicle hours of delay and systemwide served vehicles, respectively.
0
2,000
4,000
6,000
8,000
10,000
12,000
Year 2022 Year 2030 Year 2045
Figure 1-3 – Eastbound SR-91 from SR-57 to I-15 P.M.
Peak Period Corridor Vehicle Hours of Delay
0
20,000
40,000
60,000
80,000
100,000
120,000
140,000
Year 2022 Year 2030 Year 2045
Figure 1-4 – Eastbound SR-91 from SR-57 to I-15 P.M.
Peak Period Systemwide Served Vehicles
144
21STATE ROUTE 91 IMPLEMENTATION PLAN 2023
Section 1: 2023 Status Report and Update
Concept Project Summary
Many of the highway concept projects identified in this 2023
Plan are long lead time projects and/or projects without
sufficient project development detail to be advanced into the
Project Summary section. These potential concepts include
significant environmental constraints and right of way
requirements in addition to requiring a significant amount of
planning, design, and future policy and public input. Many of
these concept projects are multi-billion-dollar improvements
that will remain a challenge to implement. Refer to Appendix A
for details on each concept project.
Since 2010, staff has evaluated the Irvine Corona Expressway
(ICE) concept annually as part of the preparation of this Plan to
determine if tunneling technology has changed and become
less cost prohibitive. Several tunnel projects were investigated
over the years to gain insights into how boring technology is
evolving including the Las Vegas Convention Center and the
Ontario International Airport loops. Taking into consideration
the ICE concept’s proposed tunnel length and diameter,
current economic conditions, coupled with high construction
costs, the concept was consistently found to be challenging to
construct.
Under the direction of the SR-91 Advisory Committee in 2021,
staff reviewed land uses adjacent to the ICE to determine
compatibility with the concept. At the ICE eastern terminus
near the Interstate 15/Cajalco Road junction, much has
changed since the development of the concept. Significant
residential and commercial development has occurred,
occupying formerly open space which complicates the viability
of the eastern end of conceptual alignment. In 2022, the SR-
91 Advisory Committee requested the removal of the ICE
concept from the Plan due to incompatibility with current land
uses.
The Anaheim to Ontario International Airport Maglev High
Speed Rail concept was also removed from the Plan this year.
This concept has not seen progress since 2012 and no plans
or updates are available. If this concept becomes active, it can
be added back to the Plan through future annual updates.
145
Section 2: Implementation Plan
OVERVIEW
The 2023 Plan describes projects, key considerations, benefits,
current status, schedule, and costs (in 2023 dollars, or as noted)
for major projects and concepts. The projects are grouped as
follows: Orange County Projects, Riverside County Projects and
Bi-County Projects.
The intent of the Implementation Plan is to present a list of
projects and studies along the SR-91 corridor and highlight
coordination between OCTA, RCTC, and Caltrans to improve
the corridor.
As part of the project development process, detailed operational
analysis will need to be conducted to evaluate operational
issues associated with each project. The project development
phases are discussed in the status updates and are defined as
follows:
22STATE ROUTE 91 IMPLEMENTATION PLAN 2023
Conceptual Engineering = Pre-Project Study Report (Pre-PSR) –
Conceptual planning and engineering for project scoping and
feasibility prior to initiating the PSR phase.
Preliminary Engineering = Project Study Report (PSR) – Conceptual
planning and engineering phase that allows for programming of
funds.
Environmental = Project Approval/Environmental Document
(PA/ED) – The detailed concept design that provides environmental
clearance for the project and programs for final design and right of
way acquisition. The duration for this phase is typically 2 3 years.
Design = Plans, Specifications, and Estimates (PS&E) – Provide
detailed design to contractors for construction bidding and
implementation.
Construction = The project has completed construction and will
provide congestion relief to motorists.
Figure 2-1 – SR-91 Project Study Area from SR-57 to I-15
146
The Orange County set of projects
includes three improvements at a total
cost of approximately $495 million (in
2023 dollars, or as noted). The projects
include: SR-91 improvements between
SR-57 and SR-55, Placentia Metrolink rail
station, and Metrolink Improvements.
23STATE ROUTE 91 IMPLEMENTATION PLAN 2023
State Route 91 Implementation Plan
Orange County Projects
Orange County Project Summary Cost ($M)
SR-91 Improvements between SR-57 and SR-55 $460
Placentia Metrolink Rail Station $34.8
Metrolink Improvements TBD
SUBTOTAL $494.8
147
STATE ROUTE 91 IMPLEMENTATION PLAN 2023 24
SR-91 Improvements between SR-57 and SR-55
Project Description
The project proposes to add EB capacity
between SR-55 and SR-57, improve the SR-
91/SR-57 and SR-91/SR-55 interchanges and
local interchanges. In the SR-91/SR-57
interchange area, improvements identified in
Project Approval/Environmental Document
(PA/ED) phase include extending an additional
lane on WB SR-91 from the NB SR-57 to WB
SR-91 connector through State College
Boulevard and terminating at the auxiliary lane
to Raymond Avenue-East Street. At the SR-
91/SR-55 interchange area, a drop on-ramp
from Lakeview Avenue would be constructed
between realigned WB SR-91 lanes for direct
access to SB SR-55, allowing for the exit to SB
SR-55 to be moved further east, separating WB
SR-91 and SB SR-55 traffic west of the
Lakeview Avenue bridge. The 91 Express Lanes
will not be impacted by the project. In order to
accommodate the improvements, the Lakeview,
Tustin, Kraemer/Glassell, and La Palma bridges
are proposed to be replaced. The improvements
have been developed in cooperation with local
jurisdictions and affected communities.
The proposed project improvements on WB and
EB SR-91 may require partial right-of-way
acquisition and Temporary Construction
Easements (TCEs). In some areas, a non-
standard geometric cross-section is proposed to
reduce the right-of-way impacts.
Key Considerations
The proposed project improvements on WB and
EB SR-91 between SR-57 and SR-55 include,
among other features, adding one EB general
purpose lane to achieve lane balancing and
interchange improvements. Project
improvements will reduce congestion and delay
and reduce weaving.
Benefits
The project improvements were originally studied
in the SR-91 Feasibility Study, which was
completed in June 2009. The Project Study Report
was completed in 2014 and the Project
Approval/Environmental Document (PA/ED) was
completed in 2020. This project was then split into
three separate segments and the Plans
Specifications and Estimate (PS&E) phase began in
2020 for all three segments. The proposed
improvements are included in the Measure M
program.
Current Status
Construction is anticipated to be completed in
2029 and the total project cost is estimated to
be approximately $460,000,000.
Schedule and Cost
148
STATE ROUTE 91 IMPLEMENTATION PLAN 2023 25
Placentia Metrolink Rail Station
Project Description
The new Placentia Metrolink Station will serve
the Metrolink 91/Perris Valley Line, providing
commuter rail service between Perris and Los
Angeles, via Riverside and Orange counties. The
project includes construction of a parking
structure, OCTA bus access, an area for
passenger pick-up and drop-off, and two station
platforms.
The station will meet the current transit demand
and foster train ridership growth in the region,
contributing to congestion relief on SR-91.
Benefits
The City of Placentia is the lead on right-of-way and environmental clearance, and OCTA is the lead
agency for design and construction of the project. Funding for the project is programmed to use 91
Toll Revenues, M2 (OC Go) and the City of Placentia funds for the construction phase. State
Transportation Improvement Program (STIP), Public Transportation Modernization, Improvement, and
Service Enhancement Account (PTMISEA), OC Go and City funds are programmed for the design and
right-of-way costs. Project is currently on hold.
Current Status
Plans are 100 percent complete, however, the
construction contract cannot be advertised until
a Construction and Maintenance Agreement is
in place with BNSF Railway, the right-of-way
owner. The project will be advertised for bids
once an agreement is in place. The total project
cost is estimated to be $34.8 million.
Schedule and Cost
149
STATE ROUTE 91 IMPLEMENTATION PLAN 2023 26
Metrolink Service Improvements
Project Description
There are 16 daily trains that run on the Inland
Empire-Orange County (IEOC) Line and nine
trains running on the 91/Perris Valley (91/PV)
line for a total of 25 daily trains. The Perris
Valley portion of the 91/PV Line extends
Metrolink service southeast by 25 miles, from
Riverside to Perris via Moreno Valley. Metrolink
is conducting a service growth development
plan that would look at optimizing service
throughout the region.
Construction of the new Placentia Metrolink
station will improve passenger access along the
91/PV Line by creating a station between
Fullerton and Corona.
Key Considerations
Enables development of Metrolink service,
improved efficiency, and fosters train ridership
growth in the region, contributing to congestion
relief on the SR-91.
Benefits
Metrolink’s service growth development plan will
address the way service is provided and will
optimize service in a pre-pandemic environment.
Current Status
150
The Riverside County set of projects
includes four improvements: a 15/91
Express Lanes Connector, Eastbound 91
Express Lane Extension, the SR-71/SR-91
Interchange Improvements, and SR-91
Improvements east of I-15. Projects for
implementation in Riverside County are
anticipated to cost in excess of $417
million (in 2023 dollars, or as noted).
27STATE ROUTE 91 IMPLEMENTATION PLAN 2023
State Route 91 Implementation Plan
Riverside County Projects
Riverside County Project Summary Cost ($M)
15/91 Express Lanes Connector $270
Eastbound 91 Express Lane Extension $10
SR-71/SR-91 Interchange Improvements $137
SR-91 Improvements East of I-15 TBD
SUBTOTAL $417+
151
STATE ROUTE 91 IMPLEMENTATION PLAN 2023 28
15/91 Express Lanes Connector
Project Description
The Project Approval and
Environmental Document (PA/ED) for
the SR-91 Corridor Improvement
Project (CIP), from SR-241 to Pierce
Street, included the addition of a 5th
lane in each direction, the addition of
auxiliary lanes at various locations, the
addition of collector-distributor lanes
at the I-15/SR-91 interchange, the
extension of the 91 Express Lanes
from the Orange County line to I-15,
the construction of a SR-91 Express
Lanes median direct connector to and
from I-15 South, a SR-91 Express
Lanes median direct connector to and
from I-15 North (15/91 Express Lanes
Connector, the subject project), and
the construction of one Express Lane
in each direction from the I-15/SR-91
interchange southerly to I-15/Cajalco
Road (completed as part of RCTC I-15
Express Lanes Project), and easterly to
east of McKinley Street. Due to
funding constraints, a Project Phasing
Plan was developed to allow an Initial
Phase, with reduced improvements, to
move forward as scheduled, with the
remaining ultimate improvements to
be completed later. Subsequently, the
proposed 15/91 Express Lanes
Connector improvements (the subject
of this project) have been pulled out
from the CIP as a standalone project.
Coordination among many of the SR-91 freeway projects that overlap the project
limits is critical to successfully delivering these projects on schedule and within
budget. Designing to accommodate future projects is a recurring theme for each
of these projects. Minimizing conflicts in scope between projects requires direct
coordination between each project team. Additionally, future projects frequently
have multiple alternatives under study, each with differing scope and construction
footprints. Specifically, the project improvements need to continue to be
coordinated with the SR-71/SR-91 interchange, the SR-241/SR-91 Tolled
Express Connector, and the Eastbound 91 Express Lane Extension.
Key Considerations
The 15/91 Express Lanes Connector project will reduce congestion and
operational delays by providing direct median-to-median access between the
SR-91 Express Lanes and I-15 Express Lanes. Traffic operations will improve by
eliminating weaving conflicts and out-of-direction travel along SR-91 and I-15
by the use of the direct connectors. The project will provide motorists a choice to
use the 15/91 Express Lanes Connector for a fee in exchange for time savings.
Benefits
The 15/91 Express Lanes
Connector is currently discussed
in the environmental document
for the SR-91 CIP that was
completed in 2012. An
environmental revalidation was
completed in 2019. A Design-
Build contract was awarded in
Spring 2020 and the project is
currently under construction.
Current Status
Construction is planned to be
completed in late 2023. The
total project cost is estimated to
be $270,000,000.
Schedule and Cost
152
STATE ROUTE 91 IMPLEMENTATION PLAN 2023 29
Eastbound 91 Express Lane Extension
Project Description
The Eastbound 91 Express Lane
Extension is a new project that was
initiated in 2022. The scope of the
project is to extend a second eastbound
toll express lane from the exit to the
express lane connectors (just east of the
Main Street Undercrossing) to the
beginning of the SR-91 HOV lane just
east of Promenade Avenue
Overcrossing.
Coordination among many of the SR-91
freeway projects that overlap the project
limits is critical to successfully delivering
these projects on schedule and within
budget. Designing to accommodate
future projects is a recurring theme for
each of these projects. Minimizing
conflicts in scope between projects
requires direct coordination between
each project team. Additionally, future
projects frequently have multiple
alternatives under study, each with
differing scope and construction
footprints. Specifically, the project
improvements need to continue to be
coordinated with the SR-71/SR-91
interchange, the SR-241/SR-91 Tolled
Express Connector, and the 15/91
Express Lanes Connector.
Key Considerations
The Eastbound 91 Express Lane Extension will reduce
congestion and improve operations in the express lanes
and general-purpose lanes by providing a gap closure
lane between the existing express lanes and HOV lane
reducing merging and weaving on eastbound 91 within
the existing bottleneck of the I-15 interchange area.
Benefits
The Project Approval and Environmental
Document (PA/ED) phase is currently underway.
Current Status
Construction is planned to be completed in late
2023 . The total project cost is estimated to be
$10,000,000.
Schedule and Cost
153
STATE ROUTE 91 IMPLEMENTATION PLAN 2023 30
SR-71/SR-91 Interchange Improvements
Project Description
The current project includes
a new two-lane direct
connector from eastbound
(EB) SR-91 to northbound
(NB) SR-71 and realignment
of the existing Green River
Road SR-91 EB on-ramp to
provide connection to NB
SR-71 and EB SR-91.
Project improvements must
be coordinated with the
following projects: the SR-
91 Sixth GP Lane Addition
and the SR-241/SR-91
Tolled Express Connector.
Close coordination with the
U.S. Army Corps of
Engineers, U.S. Fish and
Wildlife Service, and
California Department of
Fish and Wildlife will also be
required as the connector
crosses the Santa Ana River
west of the Prado Dam.
Key Considerations
The project will provide a new direct connector improvement from
EB SR-91 to NB SR-71, replacing the geometric choke point
created by the existing loop connector. The project will also
improve traffic operations and operational efficiency by eliminating
or minimizing weaving conflicts through the use of auxiliary lanes.
Benefits
The environmental phase was completed in 2011
and final design in 2015. An environmental
revalidation and update to the final design was
completed in 2022. The project started
construction in January 2023.
Current Status
Construction is planned for completion in 2025. Construction cost is
estimated to be $137,000,000.
Schedule and Cost
154
STATE ROUTE 91 IMPLEMENTATION PLAN 2023 31
SR-91 Improvements East of I-15
Project Description
The Project Approval and Environmental
Document (PA/ED) for the SR-91
Corridor Improvement Project (CIP), from
SR-241 to Pierce Street, included the
addition of a 5th lane in each direction,
the addition of auxiliary lanes at various
locations, the addition of collector-
distributor lanes at the I-15/SR-91
interchange, the extension of the 91
Express Lanes from the Orange County
line to I-15, the construction of a SR-91
Express Lanes median direct connector
to and from I-15 South, a SR-91 Express
Lanes median direct connector to and
from I-15 North, and the construction of
one Express Lane in each direction from
the I-15/SR-91 interchange southerly to
I-15/Cajalco Road (completed as part of
RCTC I-15 Express Lanes Project), and
easterly to east of McKinley Street. Due
to funding constraints, a Project Phasing
Plan was developed to allow an Initial
Phase, with reduced improvements, to
move forward as scheduled, with the
remaining ultimate improvements to be
completed later. The SR-91
improvements east of I-15, which
includes extending an Express Lane east
of McKinley Street and adding a general-
purpose lane to Pierce Street in each
direction (the subject project), is a
component of the SR-91 CIP that was
not constructed with the Initial Phase.
Coordination among many of the SR-91 freeway
projects that overlap the project limits is critical to
successfully delivering these projects on schedule
and within budget. Designing to accommodate
future projects is a recurring theme for each of
these projects. Minimizing conflicts in scope
between projects requires direct coordination
between each project team. Additionally, future
projects frequently have multiple alternatives under
study, each with differing scope and construction
footprints. Specifically, the project improvements
need to continue to be coordinated with the SR-
71/SR-91 interchange, the SR-241/SR-91 Tolled
Express Connector, the 15/91 Express Lanes
Connector, and the Eastbound 91 Express Lane
Extension.
Key Considerations
The SR-91 Improvements east of I-15 will reduce
congestion and delays by providing additional SR-91
capacity from I-15 to Pierce Street.
Benefits
Preliminary engineering is complete but may need to be
revisited at a future date. The SR-91 Improvements east
of I-15 is currently discussed in the SR-91 CIP
environmental document for the SR-91 that was
completed in 2012.
Current Status
Anticipated project completion and cost are to be
determined.
Schedule and Cost
155
There are three Bi-County improvement
projects that will benefit both Orange and
Riverside Counties. These projects
include: the SR-241/SR-91 Tolled Express
Connector, Eastbound Corridor
Operations Project (SR-241 to SR-71),
and 91 Westbound Improvements (SR-
241 to SR-71). The total cost for the
projects is expected to be more than $380
million (in 2023 dollars, or as noted).
32STATE ROUTE 91 IMPLEMENTATION PLAN 2023
State Route 91 Implementation Plan
Bi-County Projects
Bi-County Project Summary Cost ($M)
SR-241/SR-91 Tolled Express Connector $380
Eastbound Corridor Operations Project (SR-241 to SR-71)TBD
91 Westbound Improvements (SR-241 to SR-71)TBD
SUBTOTAL $380+
156
STATE ROUTE 91 IMPLEMENTATION PLAN 2023 33
SR-241/SR-91 Tolled Express Connector
Project Description
The SR-241/SR-91 Tolled Express
Connector will consist of a direct connector
between the 241 Toll Road and 91 Express
Lanes, carrying northbound 241 Toll Road
traffic to the eastbound 91 Express Lanes
and westbound 91 Express Lanes traffic to
the southbound 241 Toll Road.
The purpose of the project is to implement
the build out of the Eastern Transportation
Corridor as approved in 1994 in order to
improve traffic operations on the northbound
241 Toll Road and the SR-91 general-
purpose lanes while also maintaining reliable
travel times and free flow speeds during
peak periods on the 91 Express Lanes which
were all key considerations in Caltrans’
approval of the project. The project will
require widening of SR-91 to accommodate
the direct connector and associated Express
Auxiliary Lanes in the median. The project’s
planned construction is aligned with the
implementation of other planned
improvements in the area including the
15/91 Express Lanes Connector and SR-
71/SR-91 Interchange Improvements.
Coordination will be conducted with local
agencies to ensure the project avoids
impacts to planned bicycle and trail
connections on Gypsum Canyon Road per
the City of Anaheim General Plan and OCTA
Commuter Bikeways Strategic Plan.
Key Considerations
The project will provide connectivity between the 91
Express Lanes and the 241 Toll Road, which will
enhance operations along the SR-91 general purpose
lanes while also improving traffic operations on the
northbound 241 Toll Road.
Benefits
Preliminary engineering concepts for a SR-
241/SR-91 Tolled Express Connector have been
developed by the Foothill/Eastern Transportation
Corridor Agency (F/ETCA) and Caltrans, which
were utilized for the environmental analysis. The
91 Express Lanes Extension and SR-241
Connector Feasibility Study was completed in
March 2009 and was initiated to evaluate various
alternatives. A Project Study Report was initiated
in January 2011 and was completed in January
2012. The Draft Environmental Document was
circulated for public review from November 7,
2016, through January 9, 2017. Caltrans’s
approval of the project with the Record of Decision
was completed in March 2020. Final design is in
progress.
Current Status
Final Design is expected to be completed in 2023.
Construction is anticipated to last approximately 36
months beginning in 2024 with project opening in 2027.
These milestones are contingent upon approval of
interagency agreements and polices between the TCAs,
Caltrans, RCTC and OCTA on such matters as a Master
Four Party Agreement, Operational Agreement, HOV
policy, completion of a traffic and revenue study, and the
TCAs receiving approval from the California
Transportation Commission.The total cost of the project
will be approximately $380,000,000.
Schedule and Cost
157
STATE ROUTE 91 IMPLEMENTATION PLAN 2023 34
SR-91 Eastbound Corridor Operations Project (SR-241 to SR-71)
Project Description
The Project Approval and
Environmental Document (PA/ED) for
the SR-91 Corridor Improvement
Project (CIP), from SR-241 to Pierce
Street, included the addition of a 5th
lane in each direction, the addition of
auxiliary lanes at various locations, the
addition of collector-distributor lanes
at the I-15/SR-91 interchange, the
extension of the 91 Express Lanes
from the Orange County line to I-15,
the construction of a SR-91 Express
Lanes median direct connector to and
from I-15 South, a SR-91 Express
Lanes median direct connector to and
from I-15 North, and the construction
of one Express Lane in each direction
from the I-15/SR-91 interchange
southerly to I-15/Cajalco Road
(completed as part of RCTC I-15
Express Lanes Project), and easterly to
east of McKinley Street. Due to funding
constraints, a Project Phasing Plan
was developed to allow an Initial
Phase, with reduced improvements, to
move forward as scheduled, with the
remaining ultimate improvements to be
completed later. The SR-91 Eastbound
Corridor Operations Project between
SR-241 and SR-71 (the subject of this
project) is a component of the SR-91
CIP that was not constructed with the
Initial Phase.
Coordination among many of the SR-91
freeway projects that overlap the project limits
is critical to successfully delivering
these projects on schedule and within budget.
Designing to accommodate future projects is a
recurring theme for each of these projects.
Minimizing conflicts in scope between projects
requires direct coordination between each
project team. Additionally, future projects
frequently have multiple alternatives under
study, each with differing scope and
construction footprints. Specifically, the project
improvements need to continue to be
coordinated with the SR-71/SR-91 interchange
and the SR-241/SR-91 Tolled Express
Connector.
Key Considerations
The 91 Eastbound Corridor Operations Project will reduce
congestion and delays by providing additional SR-91 capacity
from SR-241 to SR-71.
Benefits
The 91 Eastbound Corridor Operations Project is discussed in the
SR-91 CIP environmental document that was completed in 2012.
An alternatives analysis to evaluate potential improvement options
in the eastbound direction was initiated in 2020 and completed in
2022. Efforts to determine final scope and prepare an
environmental revalidation are scheduled to begin in 2023.
Current Status
Anticipated project completion and cost are to be determined.
Schedule and Cost
158
STATE ROUTE 91 IMPLEMENTATION PLAN 2023 35
SR-91 Westbound Improvements (SR-241 to SR-71)
Project Description
The Project Approval and
Environmental Document (PA/ED) for
the SR-91 Corridor Improvement
Project (CIP), from SR-241 to Pierce
Street, included the addition of a 5th
lane in each direction, the addition of
auxiliary lanes at various locations, the
addition of collector-distributor lanes
at the I-15/SR-91 interchange, the
extension of the 91 Express Lanes
from the Orange County line to I-15,
the construction of a SR-91 Express
Lanes median direct connector to and
from I-15 South, a SR-91 Express
Lanes median direct connector to and
from I-15 North, and the construction
of one Express Lane in each direction
from the I-15/SR-91 interchange
southerly to I-15/Cajalco Road
(completed as part of RCTC I-15
Express Lanes Project), and easterly to
east of McKinley Street. Due to funding
constraints, a Project Phasing Plan
was developed to allow an Initial
Phase, with reduced improvements, to
move forward as scheduled, with the
remaining ultimate improvements to be
completed later. The 91 Westbound
Improvements between SR-241 and
SR-71 (the subject of this project) are a
component of the SR-91 CIP that was
not constructed with the Initial Phase.
Coordination among many of the SR-91 freeway
projects that overlap the project limits is critical to
successfully delivering
these projects on schedule and within budget.
Designing to accommodate future projects is a
recurring theme for each of these projects. Minimizing
conflicts in scope between projects requires direct
coordination between each project team.
Additionally, future projects frequently have multiple
alternatives under study, each with differing scope
and construction footprints. Specifically, the project
improvements need to continue to be coordinated
with the SR-71/SR-91 interchange and the SR-
241/SR-91 Tolled Express Connector.
Key Considerations
The 91 Westbound Improvements will reduce congestion
and delays by providing additional SR-91 capacity from
SR-241 to SR-71.
Benefits
Preliminary engineering is complete but may need to be
revisited at a future date. The 91 Westbound Improvements
are discussed in the SR-91 CIP environmental document
that was completed in 2012.
Current Status
Anticipated project completion and cost are to be
determined.
Schedule and Cost
159
Concepts for potential Post-2035
implementation (potentially earlier if funding
becomes available) focus on longer-lead time
projects. This multi-billion dollar program may
include: an elevated 4-lane facility (MIS Corridor
A) from SR-241 to I-15; Westbound SR-91 to
Southbound SR-55 Connector Improvements,
Eastbound SR-91 Fifth Lane Addition at SR-241
and Fairmont Boulevard Improvements. These
potential concepts include significant
environmental constraints and right of way
requirements in addition to requiring a
significant amount of planning, design, and
future policy and public input.
36STATE ROUTE 91 IMPLEMENTATION PLAN 2023
Appendix A - Post-2035 and Conceptual Projects
Concept Summary Cost ($M)
Elevated 4-Lane Facility (MIS Corridor A) from SR-241 to I-15 $2,720
Westbound SR-91 to Southbound SR-55 Connector
Improvements $75-$150
Eastbound SR-91 Fifth Lane Addition at SR-241 $31
Fairmont Boulevard Improvements $76.8
SUBTOTAL $14,527.8 -
$15,032.8
Post-2035 and
Conceptual Projects
160
STATE ROUTE 91 IMPLEMENTATION PLAN 2023 37
Elevated 4-Lane Facility from SR-241 to I-15 (MIS Corridor A)
Concept Description
The improvements primarily consist
of constructing a new 4-lane
elevated expressway near or within
the Santa Ana Canyon with
freeway-to-freeway connectors at
SR-241 and I-15. The facility may
include managed lanes and
potential reversible operations.
Choice of alignment will be key to
determining net capacity increase.
Extensive right-of-way (R/W) will
be required to implement the
improvements if the alignment is
not in the SR-91 corridor. When
median connector projects or
HOV/HOT projects are constructed
and this 4-lane elevated facility is
proposed within the median of SR-
91 through Corona, then extensive
managed lane closures would be
required during construction (thus
temporarily reducing SR-91
capacity during construction).
An alternative could be studied for
the median Corridor A viaduct
along with reduced SR-91
geometric standards to minimize
R/W impacts.
Key Considerations
The concept would provide significant congestion relief by allowing
vehicles to bypass the at-grade freeway lanes and local arterial
interchanges between SR-241 and I-15. Connections are proposed
directly between SR-91, SR-241, and I-15.
Benefits
Anticipated project completion is post-2035 and construction cost is
estimated to be $2,720,000,000 (2005 dollars).
Current Status
This concept is identified in the Riverside County - Orange County
Major Investment Study (MIS) as part of the Locally Preferred
Strategy to improve mobility between Riverside County and
Orange County. No project development work is planned at this
time.
Schedule and Cost
Also, direct connectors (such as for High
Occupancy Vehicle (HOV) / High Occupancy
Toll (HOT) at I-15/SR-91) to/from the median
could be precluded by Maglev columns located
within the same median area. Caltrans and
Maglev highway R/W, maintenance, safety,
and operations considerations would need to
be analyzed if shared use with a Maglev facility
were pursued. Additional mitigation costs may
be required for improvements to SR-241 and
SR-133 as a result of additional Corridor traffic
volumes. Corridor A as managed lanes, with
the extension of 91 Express Lanes to I-15, this
project concept may affect traffic distribution
due to “parallel” tolled facilities.
161
STATE ROUTE 91 IMPLEMENTATION PLAN 2023 38
Westbound SR-91 to Southbound SR-55 Connector Improvements
Concept Description
The project consists of operational
improvements by modifying the
connector to SB SR-55 from WB SR-91.
The improvements would extend to
Lakeview Avenue to the east and would
include a new connector from WB SR-91
to SB SR-55 as a potential right-hand
exit.
Right-of-way impacts, detailed SR-
55/SR-91 interchange improvements,
and downstream impacts to SR-55
require further evaluation in a subsequent
phase of project development.
Conceptual design of SR-55/SR-91
would be coordinated with completed
improvements at SR-91 and Tustin
Avenue, and with the SR-91
Environmental Study Improvements from
SR-57 to SR-55.
Operational enhancements between SR-
55 and Lakeview Avenue will provide
some benefit for SR-55/SR-91 by
addressing WB SR-91 weaving issues. In
addition, the proposed WB drop-ramp
from Lakeview Avenue has been
designed to accommodate three WB
through lanes on either side in order to
reduce throwaway costs in the future
should the SR-91 be shifted to
accommodate a right-hand exit for SB
SR-55.
Key Considerations
Interchange improvements are anticipated to provide congestion relief for WB SR-91 traffic and potentially
improve the connection from WB SR-91 to SB SR-55.
Benefits
Anticipated project completion is post-2035 and construction cost is estimated to be from $75,000,000 to
$150,000,000 (2014 dollars).
Current Status
SR-55/SR-91 project information was derived from the Final Alternatives Evaluation and Refinement Report,
December 2005, by the Riverside County - Orange County Major Investment Study (MIS). Focused SR-91/SR-55
conceptual engineering needs to be scheduled. However, initial conceptual engineering was also studied as part of
the SR-91 Feasibility Study Between State Route 57 and State Route 55 Interchange Areas in June 2009, and as
part of the SR-91 Environmental Study Improvements from SR-57 to SR-55.
Schedule and Cost
162
STATE ROUTE 91 IMPLEMENTATION PLAN 2023 39
Eastbound Fifth Lane Addition at SR-241
Concept Description
The location of the proposed EB SR-91 fifth
general purpose (GP) lane addition (The
Segment) is on EB SR-91 from Weir Canyon
Road to the NB SR-241 Connector. The
Segment consists of four GP lanes and two
managed lanes (91 Express Lanes).
Upstream (westerly) from The Segment the
EB SR-91 has 5 GP lanes and the 5th lane
drops to the SB SR-241 Connector as some
traffic volume exits to the SB SR-241.
Downstream from The Segment the EB SR-
91 gains the 5th lane back as the NB SR-
241 Connector merges with SR-91 in a
dedicated lane addition. This 5th lane
continues beyond the Riverside County line
providing enhanced mobility.
This segment with four GP lanes might be
creating a traffic choke point due to the
decrease of capacity, potentially contributing
to significant traffic delays passing through
this segment along with other traffic issues
such as queue jumping, weaving, merging
and operational speed differential. However,
additional traffic from NB SR-241 to EB SR-
91 and Gypsum Canyon Rd on-ramp
suggest balancing the number of lanes
should be carefully examined. As such,
additional capacity will enhance EB freeway
operations along this Segment.
Key Considerations
Extends the existing 5th EB GP lane easterly and ties
it to the existing 5th lane downstream. This could
provide capacity enhancement and may result in
removing an existing choke point. Significant delay
savings is anticipated.
Potentially eliminate queue jumping in this area from
EB SR-91 as well as Weir Canyon Rd.
Potentially reduce speed differential between
through lanes, thus creating a more balanced flow.
Potentially provide balanced lane utilization at high
traffic demand area.
Benefits
Total project cost, based on Caltrans’ estimate, is
$31.25 million Project schedule has not been
determined.
Current Status
Additional traffic analysis and study is required
to confirm the benefits to EB SR-91 by the
proposed improvements. This location was
identified by Caltrans as a high congestion
location in the County. The concept is intended
to improve the choke point that exists due to
the presence of a 4-lane segment between 5-
lane freeway segments.
Schedule and Cost
163
STATE ROUTE 91 IMPLEMENTATION PLAN 2023 40
Fairmont Boulevard Improvements
Concept Description
The project would provide a new
interchange with SR-91 at Fairmont
Boulevard. On and off ramps will
connect Fairmont Boulevard from the
north to eastbound (EB) and
westbound (WB) SR-91. The proposed
interchange does not include a
vehicular Fairmont Boulevard
connection to Santa Ana Canyon Road
to the south. A pedestrian/bicycle
connection is also proposed between
La Palma Avenue and Santa Ana
Canyon Road. This bridge and pathway
will allow for direct Santa Ana River
Trail access from both Anaheim south
of SR-91 and from Yorba Linda.
Interchange spacing and weaving
issues (to SR-55) need to be evaluated.
Widening of SR-91 may be needed to
accommodate interchange ramps.
Proximity of the Santa Ana River may
require that the WB ramp junction be
located north of the river. New
connection requirements and
interchange spacing needs to be
considered. Ramp and bridge
placement needs to take
pedestrian/bicycle bridge into account
or incorporate the pedestrian/bike path
into the design beyond the vehicular
access limits of the project.
Key Considerations
The interchange is expected to relieve congestion at Imperial Highway (SR-90), Lakeview Avenue, and Weir Canyon
Road Interchanges. Preliminary traffic modeling shows a 10-15% decrease in volumes at Weir Canyon and SR-90
interchanges with the interchange alternative.
Benefits
Anticipated project completion is post 2035 and construction cost is estimated to be $76,800,000 (costs from 2009
Feasibility Study). R/W cost is undetermined. Cost excludes any potential impact to Santa Ana River.
Current Status
The City of Anaheim completed a conceptual engineering study in December 2009 for the interchange. Multiple
alternatives have been developed as part of the conceptual engineering study. Bicycle/pedestrian bridge is currently in
initial planning stages. Project development is pending funding identification. On July 24, 2017, OCTA staff along
with a senior staff member of WSP presented the findings of a 91 Express Lanes intermediate access study. The
study provided various alternatives, traffic modeling, and financial impacts of the additional access. At the conclusion
of the discussion, the OCTA Board of Directors did not authorize additional analysis for the intermediate access.
Schedule and Cost
164
The following exhibits represent completed
projects from previous Plans since 2006 and are
intended to be used as a reference to illustrate
the progress made since the inception of the
Plan. Note: some projects listed in the Plan as
completed (see Section 1, Project
Accomplishments) are not included herein since
there was no exhibit created or necessary for
use with prior Plans (such as for restriping
projects, various safety enhancements, minor
operational improvements, etc.).
41STATE ROUTE 91 IMPLEMENTATION PLAN 2023
Appendix B - Completed Project Exhibits
Project Improvements Constructed
Green River Road Overcrossing Replacement March 2009
North Main Street Corona Metrolink Station Parking Structure June 2009
Eastbound Lane Addition from SR-241 to SR-71 September 2010
Widen SR-91 between SR-55 and SR-241 by Adding a 5th
GP Lane in Each Direction December 2012
SR-91 WB Lane at Tustin Avenue April 2016
Metrolink Service Improvements June 2016
Initial Phase CIP: Widen SR-91 by One GP Lane in Each
Direction East of Green River Rd, CD Roads and I-15/SR-91
Direct South Connector, Extension of Express Lanes to I-15
and System/Local Interchange Improvements
July 2017
Express Bus Service 2019
La Sierra Metrolink Parking Improvements February 2019
SR-91 Corridor Operations Project February 2022
Anaheim Canyon Metrolink Station Improvements January 2023
Post-2035 and
Completed Projects
165
STATE ROUTE 91 IMPLEMENTATION PLAN 2023 42
Green River Road Overcrossing Replacement
Project Description
Improvements primarily consist of replacing the existing Green River Road overcrossing with a new
six-lane wide, 4 span overcrossing to accommodate future widening of SR-91. The interior spans will
accommodate up to eight mainline lanes in each direction including two HOV lanes. The exterior spans
can accommodate two lanes, either for Auxiliary lanes or collector distributor roads. Entrance and exit
ramps will be realigned and widened to accommodate the new bridge, yet the interchange will retain
its current configuration. New Signals will be installed at the ramp intersections. Ramp and bridge
improvements will be constructed within the existing right of way.
The project began construction in March 2007 and
was completed in March 2009.
Current Status
The project will improve the level of service at ramp
and local street intersections at the interchange.
Improvements will reduce ramp queues that extend
into the freeway’s general-purpose lanes, thus
contributing to congestion relief on SR-91.
Benefits
Design interface is required with the Eastbound Lane Addition from SR-241 to SR-71. SR-71/SR-91 Interchange Improvements, SR-91 Corridor Improvement Project, and SR-241/SR-91 HOV/HOT Connector.
Key Considerations
Project Costs $
Capital Cost $21,000,000
Support Cost $3,000,000
Right of Way Cost $301,000
Total Project Cost $24,301,000
Project Schedule Status
Preliminary Engineering Completed
Environmental Completed
Design Completed
Construction Completed
166
STATE ROUTE 91 IMPLEMENTATION PLAN 2023 43
Eastbound Lane Addition from SR-241 to SR-71
Project Description
The project will provide an additional eastbound (EB) lane from the SR-91/SR-241
interchange to the SR-71/SR-91 interchange and will widen all EB lanes and shoulders to
standard widths.
Funding is from the American Recovery and Reinvestment Act
(ARRA) with $71.44M approved, and the balance of project
costs are from other sources. Construction began in late 2009
and was completed in September 2010.
Current Status
The lane addition would help alleviate the weaving condition
betweenSR-241 and SR-71, as well as remove vehicles from
the SR-91 mainline that would be exiting at Green River Road
and SR-71.
Benefits
Coordination with the SR-91 Corridor Improvement Projects will be required. Staged
construction would be required for all ramp reconstruction and freeway widening. Freeway
operations would most likely be affected by this project, however, freeway lane closures are
not anticipated. An EB concrete shoulder will be constructed with a 12-foot width to provide
for future widening.
Key Considerations
Project Costs $
Capital Cost $41,000,000
Support Cost $8,000,000
Right of Way Cost $2,200,000
Total Project Cost $51,200,000
Project Schedule Status
Preliminary Engineering Completed
Environmental Completed
Design Completed
Construction Completed
167
STATE ROUTE 91 IMPLEMENTATION PLAN 2023 44
North Main Street Corona Metrolink Station Parking Structure
Project Description
The project provides a six level parking structure with 1,065 parking stalls. The construction
is within the existing North Main Street Metrolink station property in Corona.
Construction was initiated in January 2008 and was
completed in June 2009. The Project was funded with Federal
Congestion Management and Air Quality (CMAQ) funds.
Current Status
Demand for parking currently exceeds the capacity at the
North Main Street Corona station. New parking capacity will
allow Metrolink ridership to increase thereby diverting vehicle
trips from SR-91.
Benefits
Proposed improvements were constructed within existing right of way. Currently there are
700 users of the facility, 200 more that were previously able to accommodate. Additionally
RCTC has opened up the lot to park and ride carpools and vanpools and has issued over
120 permits for carpoolers to use the expanded station. This shows an added benefit of
supporting carpooling as well as transit to offset congestion on SR-91.
Key Considerations
Project Costs $
Capital Cost $20,000,000
Support Cost $5,000,000
Right of Way Cost $0
Total Project Cost $25,000,000
Project Schedule Status
Preliminary Engineering Completed
Environmental Completed
Design Completed
Construction Completed
168
STATE ROUTE 91 IMPLEMENTATION PLAN 2023 45
SR-91 WB Lane at Tustin Avenue
Project Description
The project will add a westbound (WB) auxiliary lane on SR-91 beginning at
the northbound (NB) SR-55 to WB SR-91 connector through the Tustin
Avenue interchange. This project includes approximately 1.1 lane miles.
Preliminary engineering was completed and approved by Caltrans. The
environmental phases was completed in November 2010, and design was
completed mid-2013. Construction was initiated in February 2014. The
project received $14M from the proposition 1B State-Local Partnership
Program (SLPP), $14M from Measure M, with the balance from Regional
Improvement Program (RIP) funds. Contract acceptance and open to traffic
in May 2016.
Current Status
The project would reduce or eliminate operational problems and deficiencies
on this section of WB SR-91 including weaving and merging maneuvers.
This project would also address choke-point conditions, which are caused
primarily by extensive weaving between the NB SR-55 to WB SR-91
connector and the WB SR-91 off-ramp to Tustin Avenue.
Benefits
Build alternative 3 was selected from the Project Study Report (PSR). On
Westbound (WB) SR-91 Auxiliary Lane from the Northbound (NB) SR-55/WB
SR-91 Connector to the Tustin Avenue Interchange and requires additional
right-of-way. City of Anaheim utilities are within proximity of the proposed
widening section. Widening of the Santa Ana River Bridge is required.
Coordination with the City of Anaheim occurred for widening of Tustin Avenue
and the WB SR-91 Off-Ramp that was completed early 2011.
Key Considerations
Project Costs $
Capital Cost $22,218,000
Support Cost $16,382,000
Right of Way Cost $4,682,000
Total Project Cost $43,282,000
Project Schedule Status
Preliminary Engineering Completed
Environmental Completed
Design Completed
Construction Completed
169
STATE ROUTE 91 IMPLEMENTATION PLAN 2023 46
Metrolink Service Improvements
Project Description
There are sixteen daily trains that run on the IEOC Line and nine trains running on the Los
Angeles to Riverside portion of 91/Perris Valley (91/PV) Line for a total of 25 daily trains. The
Long-term service improvements will include 24 IEOC trains by 2030.
The Perris Valley portion of the 91 Line extends Metrolink service southeast by 25 miles, from
Riverside to Perris. The project is located within the right of way of the existing San Jacinto
Branch Line through Riverside, Moreno Valley and Perris. Construction began in October 2013.
Cost approximately $248 million, and the extension opened to the public in June 2016. The
inaugural schedule (December 2015) includes nine trains through to Los Angeles and 12
between Perris and Riverside.
Two additional IEOC Line roundtrips were added in late
2015, and in Mid-2016, nine trains began service on the
Perris Valley Extension to the 91/PV Line.
Current Status
Enables development of expanded Metrolink service,
improved efficiency, and fosters train ridership growth in
the region, which will contribute to congestion relief on
SR-91.
Benefits
Construction of the new Placentia Metrolink station will improve passenger access to the 91/PV
Line, by creating a station between Fullerton and Corona. Improvements at the Anaheim Canyon
station are designed to account for the future expansion of the IEOC rail service.
Key Considerations
Project Costs Estimates $
IEOC Service Cost $1,160,000
Perris Valley Line Cost $248,000,000
Right of Way Cost $249,160,000
Project Schedule
Completed 2016
Costs from OCTA and RCTC (in 2015 dollars)
170
STATE ROUTE 91 IMPLEMENTATION PLAN 2023 47
Initial Phase CIP: Widen SR-91 by one GP Lane In Each Direction East of Green River Road, CD Roads and I-15/SR-91 Direct South Connector, Extension of Express Lanes to I-15 and System / Local Interchange Improvements
Project Description
The approved Project Study Report (PSR) for the SR-91 Corridor Improvements Project (CIP),
from SR-241 to Pierce Street, includes the addition of a 5th general purpose lane in each
direction, the addition of auxiliary lanes at various locations, additional lanes at the SR-71/SR-91
interchange (Project #5), and collector-distributor (CD) lanes at the I-15/SR-91 interchange.
Subsequently, the Riverside County Transportation Commission’s (RCTC) 10 year Delivery Plan
recommended the following addition to the PSR recommended improvements: the extension of
the 91 Express Lanes from the Orange County line to I-15, the construction of SR-91 (EB/WB)/I-
15 (SB/NB) Express Lanes median direct connectors, and the construction of one Express Lane in
each direction from the I-15/SR-91 interchange southerly to I-15/Cajalco Road, and northerly to
I-15/ Hidden Valley Parkway. An Express Lane ingress/egress lane is also planned near the
county Line. Due to economic conditions, a Project Phasing Plan was developed to allow an Initial
Phase with reduced improvements to move forward as scheduled, with the remaining ultimate
improvements to be completed later. The following is a summary of the deferred ultimate
improvements: I-15/SR-91 median North Direct Connector, and I-15 Express Lanes to Hidden
Valley Parkway (Project #9): general purpose lanes to Express Lanes from I-15 to Pierce Street;
and general purpose lanes from SR-241 to SR-71. The I-15 Express Lanes to be extended from
Ontario Avenue to Cajalco Road are included in RCTC’s I-15 Express Lane Project with an
anticipated completion in 2020.
Coordination among many of the SR-91 freeway projects
that overlap the project limits is critical to successfully
delivering these projects on schedule and within budget.
Designing to accommodate future projects is a recurring
theme for each of these projects. Minimizing conflicts in
scope between projects requires direct coordination
between each project team. Additionally, future projects
frequently have multiple alternatives under study, each
with a differing scope and construction footprints.
Specifically, the project improvements need to continue to
be coordinated with the SR-71/SR-91 Interchange, the
SR-241/91 Express Connector, and RCTC’s I-15 Express
Lane Project.
Key Considerations
171
STATE ROUTE 91 IMPLEMENTATION PLAN 2023 48
Initial Phase CIP: Widen SR-91 by one GP Lane In Each Direction East of Green River Road, CD Roads and I-15/SR-91 Direct South Connector, Extension of Express Lanes to I-15 and System / Local Interchange Improvements
The environmental phase was completed in Fall 2012. A Design-Build
contractor was selected in May 2013 and construction activities began in
early 2014 for the Initial Phase. The project is anticipated to open to traffic in
Spring 2017 with final project acceptance anticipated at the end of 2017.
Current Status
The Initial Phase and Ultimate CIP projects will reduce congestion and
delays by providing additional SR-91 capacity from SR-241 to Pierce Street,
along I-15 from SR-91 to Cajalco Road to the south, and to Hidden Valley
Parkway to the North. Traffic operations will improve by eliminating or
reducing weaving conflicts along SR-91 and I-15 by the use of CD roads
and auxiliary lanes. The project will provide motorists a choice to use
Express Lanes for a fee in exchange for time savings.
Benefits
Project Costs*$
Capital Cost $1,161,000,000
Support Cost $246,000,000
Total Project Cost $1,407,000,000
Project Schedule**Status
Preliminary Engineering Completed
Environmental Completed
Design/Construction 2013-2017
(Continued)
* Cost obtained for Initial Phase is from RCTC (2014 dollars)** Schedule for Initial Phase; subsequentPhase for Ultimate Project anticipated in 2035
172
STATE ROUTE 91 IMPLEMENTATION PLAN 2023 49
Express Bus Service
Project Description
Orange County Transportation Authority
(OCTA), working with the Riverside County
Transportation Commission (RCTC) and the
Riverside Transit Agency (RTA), operate
Express Bus service between Riverside and
Orange counties. Commuters lack direct
transit connections to some Orange County
employment centers not served by Metrolink.
The Express Bus service provides this
connection.
OCTA has operated Route 794 since 2006
from Riverside County to Hutton Centre and
South Coast Metro (shown in orange above).
On Route 794, OCTA removed trips to
Corona in February 2018 based on low
ridership. OCTA currently operates six
morning westbound trips and five afternoon
eastbound trips to/from the La Sierra
Metrolink Station. Two new Express Bus
routes were implemented by RTA in January
2018 between Riverside County and Orange
County including RTA Route 200 (shown in
blue above) from San Bernardino/Riverside
to the Anaheim Resort. The route provides
hourly service on weekdays and 90-120
minute service on weekends with a fleet of
six buses. RTA Route 205 (shown in green
above) from Lake Elsinore/Temecula/ Corona
to the Village at Orange includes three AM
and three PM roundtrips with 3 buses.
Existing Service
The Express Bus Routes have been fully
implemented as of FY19 and there are no
planned service additions. Changes to
routes may be made in the future based on
available funding and ridership demand.
New Service
Since completion of the 91 Express Lanes, RTA more than
doubled its Express Bus service on SR-91. Currently, OCTA
operates 11 bus trips per day on SR-91. RTA now operates
47 trips on weekdays (up from 18 trips that Route 216
provided weekdays) and 18 trips on weekends (up from 8
trips provided by Route 216) on SR-91 Express Lanes.
Service hours for this expansion is an extra 21,445 hours
per year and is being served by five new coaches added to
the RTA fleet.
Current Status
The Express Bus Routes have been fully implemented as
of FY19. Ongoing operating costs average $4,892,000
per year and capital costs average $1,174,000 per year
(2019 dollars). The annual capital cost was increased in
2019 to reflect the future cost of complying with the new
Innovative Clean Transit regulation.
Schedule and Cost
The Express Bus Routes have been fully
implemented as of FY19 and there are no
planned service additions. Changes to
routes may be made in the future based on
available funding and ridership demand.
Benefits
Intercounty Express Bus service is effective
between locations where transit travel times
by Express Bus would be more competitive
than Metrolink and connecting rail feeder
buses.
Key Considerations
173
STATE ROUTE 91 IMPLEMENTATION PLAN 2023 50
La Sierra Metrolink Parking Improvements
Project Description
There are currently 1,000 spaces available. RCTC is implementing a
parking lot expansion to include an additional 496 spaces and six bus
bays to accommodate RTA Express Lane Service 200 that originates at
Metrolink San Bernardino Transit Center with stops along Riverside
Downtown Metrolink Station, Metrolink La Sierra, the Village at
Orange, ARTIC, Disneyland, and Anaheim Convention Center, as well
as other potential bus routes for the future.
The 496 parking spaces will provide
for existing and future demand. The
parking lot expansion will provide
for ADA parking. RTA express
service, commuter rail, and vanpool.
Benefits
Construction was completed in February 2019.
The project cost is estimated to be $6,260,000.
Schedule and Cost
Construction and project implementation has
begun.
Current Status
174
STATE ROUTE 91 IMPLEMENTATION PLAN 2023 51
SR-91 Corridor Operations Project
Project Description
The Riverside County portion
of the 91 Express Lanes began
operation in March 2017.
Throughout the first year of
operation, RCTC made minor
operational improvements to
improve the SR-91 corridor
travel between State Route
241 (SR-241) and McKinley
Street. In November 2018,
RCTC implemented additional
striping and signage
improvements to westbound
SR-91 at the McKinley
entrance to the 91 Express
Lanes as well as the County
Line access location to further
enhance efficiency along the
westbound SR-91 corridor
between McKinley Street and
SR-241. In December 2018,
the RCTC Commission
authorized its staff to proceed
with a project to construct an
additional westbound lane
along SR-91 between Green
River Road and SR-241 (the
subject of this project). This
new project is now known as
the SR-91 Corridor Operations
Project (91 COP).
This project is within the footprint of the SR-
91 Sixth GP Lane Addition project that was
an element of the SR-91 CIP environmental
document approved in 2012. An
environmental revalidation for the 91 COP
was completed in Spring 2020.
Construction began in November 2020.
Current Status
Construction is planned for completion in
2022. The total project cost is estimated to
be $38,000,000.
Schedule and Cost
The 91 COP will reduce congestion and delays along westbound SR-91
between McKinley Street and SR-241.
Benefits
The goal of this project is to implement a substantial operational
improvement that is cost effective and timely to address the peak period
bottleneck conditions along westbound SR-91 near the County Line. Key
considerations include reducing impacts to adjacent land and local
streets using retaining walls and minimizing throw-away costs with
future projects. Specifically, the project improvements need to be
coordinated with the SR-241/SR-91 Tolled Express Connector and the
SR-91 Sixth GP Lane Addition projects.
Key Considerations
175
STATE ROUTE 91 IMPLEMENTATION PLAN 2023 52
Anaheim Canyon Metrolink Station Improvements
Project Description
The Anaheim Canyon Metrolink Station Improvement Project will
include the addition of approximately 3,400 linear feet of secondary
track; a second platform; extending the existing platform;
improvements at two at-grade railroad crossings located at Tustin
and La Palma; as well as new shade structures, benches, and ticket
vending machines. These project improvements will accommodate
planned future train service and will enhance on time service and
safety.
The project will enable future
Metrolink service expansion,
improve train service efficiency, and
foster train ridership growth in the
region, which will contribute to
congestion relief on SR-91.
Benefits
The plans were completed, and the project was
advertised for bid in October 2020. Construction
began in May 2021 and is anticipated to be
completed in November 2022. The total project
cost is estimated to be $34.2 million.
Schedule and Cost
176
53STATE ROUTE 91 IMPLEMENTATION PLAN 2023
Appendix C - References
The following documents and resources were used in the development of the Plan. Data was provided by OCTA, RCTC, Caltrans Districts 8 and
12, Transportation Corridor Agencies (TCA), other agencies, and online resources.
Measure M Next 10 Delivery Plan (Next 10 Plan), November 14, 2016
Riverside Transit Agency, Ten-Year Transit Network Plan, January 22, 2015
PSR-PDS on Route 91 Between SR-57 and SR-55, October 2014
PS&E for “Westbound State Route 91 Auxiliary Lane from the NB SR-55/WB SR-91 Connector to the Tustin Avenue Interchange”, 2014
PS&E for Initial SR-91 CIP Project, 2014
California Transportation Commission, Corridor Mobility Improvement Account (CMIA), Amended December 2012
M2020 Plan (Measure M), September 2012
PSR-PDS for SR-241/SR-91 Tolled Express Connector, January 2012
Project Report and Environmental Document (EIR/EIS) for SR-91 CIP from SR-241 to Pierce Street Project, October 2012
PS&E “On State Route 91 Between the SR-91/SR-55 Interchange and the SR-91/SR-241 Interchange in Orange County”, April 2011
Corridor System Management Plan (CSMP) Orange County SR-91 Corridor Final Report, August 2010
Project Study Report/Project Report “Right of Way Relinquishment on Westbound State Route 91 Between Weir Canyon Road and Coal Canyon”, May 2010
SR-91/Fairmont Boulevard Feasibility Study, December 2009
Feasibility Evaluation Report for Irvine-Corona Expressway Tunnels, December 2009
Plans, Specifications and Estimates (PS&E) for Eastbound SR-91 lane addition from SR-241 to SR-71, May 2009
PSR “On State Route 91 Between the SR-91/SR-55 Interchange and the SR-91/SR-241 Interchange in Orange County”, April 2009
91 Express Lanes Extension and State Route 241 Connector Feasibility Study, March 2009
PSR/PR “On Gypsum Canyon Road Between the Gypsum Canyon Road/SR-91 Westbound Off-Ramp (PM 16.4) and the Gypsum Canyon Road/SR-91
Eastbound Direct On-Ramp (PM 16.4)”, June 2008
Orange County Transportation Authority Renewed Measure M Transportation Investment Plan, November 2006
Riverside County-Orange County Major Investment Study (MIS) – Final Project Report: Locally Preferred Strategy Report, January 2006
Route Concept Reports for SR-91, Caltrans Districts 8 and 12
Various Preliminary Drawings and Cross Sections, Caltrans Districts 8 and 12
177
AGENDA ITEM 7
Agenda Item 7
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: July 12, 2023
TO: Riverside County Transportation Commission
FROM: Edward Emery, Senior Management Analyst
Jenny Chan, Planning and Programming Manager
THROUGH: Anne Mayer, Executive Director
SUBJECT: Fiscal Year 2023/24 Transportation Development Act Article 3 (SB 821) Call for
Projects – Project Recommendations
STAFF RECOMMENDATION:
This item is for the Commission to:
1) Approve the funding recommendations in Attachment 1 for Fiscal Year 2023/24
Transportation Development Act, Article 3, Bicycle and Pedestrian Facilities (SB 821)
program funds;
2) Direct staff to prepare and execute memorandums of understanding (MOUs) with the
local agencies to outline the project schedules and local funding commitments; and
3) Authorize the Executive Director to execute the MOUs with the local agencies,
pursuant to legal counsel review.
BACKGROUND INFORMATION:
SB 821 is a discretionary program administered by the Commission to fund local bicycle and
pedestrian projects. The program is funded through the Transportation Development Act (TDA),
a ¼ percent statewide sales tax, or more specifically the Local Transportation Fund (LTF). Each
year, two percent of LTF revenues is set aside for the SB 821 program. On every odd-numbered
year, the Commission conducts a competitive call for projects in which all local agencies within
the county can submit applications. Eligible projects include construction of bicycle lanes,
sidewalks, and Americans with Disabilities Act curb ramps, and the development of bicycle and
pedestrian master plans.
The programming capacity for this cycle is $6,901,202. The FY 2023/24 Biennial Call for Projects
Guidelines (Guidelines) stipulate there to be a maximum funding request per application of
$690,120 and maximum funding for each jurisdiction of $1,380,240. One-on-one sessions to
review and provide feedback on potential project applications were offered to all eligible
agencies.
178
Agenda Item 7
DISCUSSION:
The Commission received 29 project proposals from 18 agencies, totaling $15,093,787 in SB 821
funding requests. A summary of the applications submitted and related funding requests by
geographic area is summarized in Table 1.
Table 1. Summary of SB 821 Requests
Coachella Valley Western Riverside Total
Projects Submitted 13 16 29
Total Funding Request $6,703,242 $8,390,545 $15,093,787
As stipulated in the Guidelines, staff will host at least five external evaluators for scoring the
applications. This year’s evaluation committee included staff from the city of Rancho Mirage,
Riverside Transit Agency, Western Riverside Council of Governments, and San Bernardino County
Transportation Authority. Due to a last-minute extenuating circumstance, the fifth evaluator was
unable to participate. On May 24, the evaluation committee met and scored the project
applications based on the Commission’s adopted evaluation criteria as summarized below.
Table 2. SB 821 Evaluation Criteria
Factor Maximum Points
Destinations Served 14
Safety 15
Multimodal Access 6
Matching Funds 10
Population Equity 5
Total Points 50
Staff recommends funding allocations for 12 projects that scored 39 or above, totaling
$6,901,202. The city of Indian Wells submitted three applications with a total funding request of
$2,065,000. The three applications each received more than 39 points; however, funding all
three projects exceeds the $1,380,240 cap as stipulated in the guidelines. Staff offered two
options to Indian Wells: prioritize the three projects or adjust the funding request for each
application. City staff opted to prioritize the Fairway Drive Complete Street Bicycle and Safety
Improvements project and the Eldorado Drive Complete Street Bicycle and Safety Improvements
project. Hemet’s FY 2023/24 Various Street Pedestrian Improvements project is being
recommended for partial funding, due to remaining available funding being less than the
requested amount. Hemet agreed to a partial award and will fund the difference of $153,214. A
tie was broken between two projects both scoring 39 by utilizing the safety score, per
Commission approved policy. A summary of the recommended allocations is provided in Table
3 and a full list of projects can be found in Attachment 1.
179
Agenda Item 7
Table 3. Summary of Recommended FY 2023/24 Allocations
Coachella Valley Western
Riverside Total
# of Recommended Projects 4 8 12
Total SB 821
Recommended Allocations
$2,580,240 $4,320,962 $6,901,202
Recommended Allocations as a
% of Total Allocations
37% 63% 100%
Staff will monitor mid-year LTF projections in January 2024 to determine if more funding is
available to fund additional projects on the contingency list found in Attachment 1. In the event
an awarded agency receives other grant funding to fully fund an approved project or cannot
deliver the funded project within the allotted time, contingency list projects will be funded in the
order in which they are listed; the contingency list will only remain active until the adoption of
the next call for projects.
Financial Information
In Fiscal Year Budget: Yes
N/A Year: FY 2023/24
FY 2024/25+ Amount: $2,959,000
$3,942,202
Source of Funds: Local Transportation Funds-SB 821 Budget Adjustment: No
N/A
GL/Project Accounting No.: 622299-86106-00000-0000 601 62 86106
Fiscal Procedures Approved:
Date: 06/27/2023
Attachment: 2023/2024 SB 821 Call for Projects - Funding Recommendations
180
LEAD AGENCY PROJECT NAME TOTAL Project Cost TOTAL SB 821
Request
RECOMMENDED
ALLOCATION
TOTAL
SCORE
City of Riverside Riverside Citywide Pedestrian & Bicycle Improvements Project 1,343,775.00$ 671,887.50$ 671,887.50$ 47
Jurupa Valley Pacific Avenue Active Transportation Project 1,399,000.00$ 690,120.00$ 690,120.00$ 46
Cathedral City Whispering Palms Trail Class III Bike Routes 1,062,000.00$ 690,000.00$ 690,000.00$ 44
San Jacinto Lyon Ave. Pedestrian Safety Improvements 749,896.80$ 374,948.40$ 374,948.40$ 44
Corona Bicycle Master Plan Update 600,000.00$ 400,000.00$ 400,000.00$ 44
Indian Wells Fairway Drive Complete Street Bicycle and Safety Improvements 2,487,000.00$ 687,000.00$ 690,120.00$ 44
Indian Wells Eldorado Drive Complete Street Bicycle and Safety Improvements 1,800,000.00$ 690,000.00$ 690,120.00$ 43
Menifee Paloma Wash Pedestrian Bridge 2,950,066.00$ 690,120.20$ 690,120.00$ 42
Cathedral City Perez Rd Class IV Separated Bikeways 680,000.00$ 510,000.00$ 510,000.00$ 41
City of Riverside Stover Avenue Sidewalk Improvements 1,189,000.00$ 594,500.00$ 594,500.00$ 40
Temecula Pauba Road Sidewalk Improvements 832,700.00$ 362,600.00$ 362,600.00$ 40
Hemet FY 23/24 Various Street Pedestrian Improvements 920,000.00$ 690,000.00$ 536,786.10$ 39
6,901,202.00$
Indian Wells Rancho Palmeras Complete Street Bicycle and Safety Improvements 1,598,000.00$ 688,000.00$ over max allocation 42
Menifee Bradley Road at Chester W. Morrison Elementary School - ATP 1,075,654.00$ 690,120.00$ 39
Corona Downtown Crosswalk Pedestrian Safety Enhancements 750,000.00$ 600,000.00$ 38
Indio Shadow Avenue Sidewalk Project 351,000.00$ 175,500.00$ 38
Palm Springs S Palm Canyon Corridor Bicycle Improvements Project 651,090.00$ 325,545.00$ 37
Palm Desert Walk and Roll PD 3,900,000.00$ 690,120.00$ 37
Palm Desert PD Link - Phase 2 3,319,637.92$ 689,637.92$ 37
Lake Elsinore Spring Street Sidewalks Improvement 401,954.00$ 200,977.00$ 37
Desert Hot Springs Hacienda Avenue Bicycle and Pedestrian Improvements 3,500,000.00$ 350,000.00$ 36
La Quinta Washington Street Sidewalk and ADA Improvements (Calle Tampico to Avenue 52)444,000.00$ 222,000.00$ 36
Lake Elsinore Avenue 6 & Irwin Drive Sidewalks Improvement 420,935.00$ 210,467.00$ 36
Hemet FY 23/24 Menlo Ave Pedestrian Improvements 917,333.00$ 688,000.00$ 36
Moreno Valley ADA Access Ramp Improvements 690,000.00$ 655,500.00$ 33
Coachella Connecting Coachella 393,918.00$ 295,438.50$ 32
Palm Desert Haystak Road Traffic Calming Phase 2 2,408,433.00$ 690,000.00$ 31
Moreno Valley Bay Avenue Sidewalk Infill Project 301,450.00$ 271,305.00$ 25
Wildomar Mission Trail/Sedco Sidewalk and Bike Lanes Project (Phase 3)867,188.00$ 600,000.00$ 24
38,004,030.72$ 15,093,786.52$
2023/2024 SB-821 Call for Projects - Funding Recommendations
CONTINGENCY LIST
TOTAL RECOMMENDED ALLOCATION
181
FY 2023/24 SB 821 CALL FOR PROJECTS
Funding Recommendations
Edward Emery, Sr. Management Analyst
Planning & Programming 1
SB 821 Call for Projects
SB 821
2
•2% of Local Transportation Fund (LTF) revenue
•Bicycle and Pedestrian projects
•Bike and Pedestrian Master Plans
SB 821 Call for Projects
3
•Opened –February 6, 2023
•Applications Due –April 27, 2023
•Evaluation Team Meeting –May 24, 2023
Evaluation Criteria
Factor Maximum Points
Safety 15
Destinations Served 14
Matching Funds 10
Multimodal Access 6
Population Equity 5
Total Points 50
2023/24 SB 821 Call for Projects
SB 821 Call for Projects
4
Coachella Valley Western Riverside Total
Projects Submitted 13 16 29
Total Funding Request $6,703,242 $8,390,545 $15,093,787
Coachella Valley Western Riverside Total
# of Recommended Projects 4 8 12
Total SB 821
Recommended Allocations $2,580,240 $4,320,962 $6,901,202
Recommended Allocations as a %
of Total Allocations 37%63%100%
2023/24 SB 821 Call for Projects
SB 821 Call for Projects
Funding Recommendation
5
Agency Project Name Total Project
Cost
SB 821 Funds
Requested
Recommended
Allocation Score
Riverside Citywide Pedestrian & Bicycle Improvements Project $1,343,775 $671,888 $671,888 47
Jurupa Valley Pacific Avenue Active Transportation Project $1,399,000 $690,120 $690,120 46
Cathedral City Whispering Palms Trail Class III Bike Routes $1,062,000 $690,000 $690,000 44
San Jacinto Lyon Avenue Pedestrian Safety Improvements $749,897 $374,948 $374,948 44
Corona Bicycle Master Plan Update $600,000 $400,000 $400,000 44
Indian Wells Fairway Drive Complete Street Bicycle and Safety Imp.$2,487,000 $687,000 $690,120 44
Indian Wells Eldorado Drive Complete Street Bicycle and Safety Imp.$1,800,000 $690,000 $690,120 43
Menifee Paloma Wash Pedestrian Bridge $2,950,066 $690,120 $690,120 42
Cathedral City Perez Rd Class IV Separated Bikeways $680,000 $510,000 $510,000 41
Riverside Stover Avenue Sidewalk Improvements $1,189,000 $594,500 $594,500 40
Temecula Pauba Road Sidewalk Improvements $832,700 $362,600 $362,600 40
Hemet FY 23/24 Various Street Pedestrian Improvements $920,000 $690,000 $536,786 39
SB 821 Call for ProjectsContingency List
Agency Project Name Total Project
Cost
SB 821 Funds
Requested
Recommended
Allocation Score
Indian Wells Rancho Palmeras Complete Street Bicycle and Safety Imp.$1,598,000 $688,000 Over Max 42
Menifee Bradley Road at Chester W. Morrison Elementary School -ATP $1,075,654 $690,120 39
Corona Downtown Crosswalk Pedestrian Safety Enhancements $750,000 $600,000 38
Indio Shadow Avenue Sidewalk Project $351,000 $175,500 38
Palm Springs S Palm Canyon Corridor Bicycle Improvements Project $651,090 $325,545 37
Palm Desert Walk and Roll PD $3,900,000 $690,120 37
Palm Desert PD Link -Phase 2 $3,319,638 $689,638 37
Lake Elsinore Spring Street Sidewalks Improvement $401,954 $200,977 37
Desert HS Hacienda Avenue Bicycle and Pedestrian Improvements $3,500,000 $350,000 36
La Quinta Washington Street Sidewalk and ADA Improvements $444,000 $222,500 36
Lake Elsinore Avenue 6 & Irwin Drive Sidewalks Improvement $420,935 $210,467 36
Hemet FY 23/24 Menlo Ave Pedestrian Improvements $917,333 $688,000 36
Moreno Valley ADA Access Ramp Improvements $690,000 $655,500 33
Coachella Connecting Coachella $393,918 $295,439 32
Palm Desert Haystak Road Traffic Calming Phase 2 $2,408,433 $690,000 31
Moreno Valley Bay Avenue Sidewalk Infill Project $301,450 $271,305 25
Wildomar Mission Trail/Sedco Sidewalk and Bike Lanes Project (Phase 3)$867,188 $600,000 24
SB 821 Call for Projects
Staff Recommendation
7
This item is for the Commission to:
•Approve the funding recommendations in Attachment 1 for
Fiscal Year 2023/24 Transportation Development Act,Article
3,Bicycle and Pedestrian Facilities (SB 821)program funds;
•Direct staff to prepare and execute memorandums of
understanding (MOUs)with the local agencies to outline
the project schedules and local funding commitments;and
•Authorize the Executive Director to execute the MOUs with
the local agencies,pursuant to legal counsel review.
AGENDA ITEM 8
Agenda Item 8
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: July 12, 2023
TO: Riverside County Transportation Commission
FROM:
Western Riverside County Programs and Projects Committee
Gary Ratliff, Facilities Administrator
Erik Galloway, Project Delivery Director
THROUGH: Anne Mayer, Executive Director
SUBJECT: Agreement for Security Guard Services at Commission Owned Commuter Rail
Stations
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF
RECOMMENDATION:
This item is for the Commission to:
1) Award Agreement No. 23-24-050-00 to Universal Protection Services, LP (Universal) for
the provision of security services at the Commission owned Commuter Rail stations for a
three-year term, and two one-year options to extend the agreement, in an amount of
$21,450,000, plus a contingency amount of $1,072,500 for a total amount not to exceed
$22,522,500;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute
the agreement, including option years, 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:
On September 14, 2016, the Commission awarded a seven-year station security service contract
to Universal, for the Commission’s nine Commuter Rail stations and a security operations control
center in the amount of $18,336,000. At that time in 2016, the Commission expanded its
operation from five Commuter Rail stations to nine stations with the commencement of the
Perris Valley Line. In the spring of 2019, the Commission added a bus depot to the La Sierra
station, for a total of 11 facilities requiring security services.
Security Services are provided 24 hours a day, seven days a week to protect patrons and the
Commission property, observe conditions and operations of station assets, and inform and assist
patrons and user of the station services. Security personnel are required to serve as
representatives of both the Commission and Metrolink at the stations.
182
Agenda Item 8
Security officers are expected to patrol, both on foot and in marked lighted patrol vehicles
(golf carts). Security presence deters motor vehicle theft and burglaries, as well as other criminal
activity including vandalism and graffiti in all areas of the stations. Security officers discourage
unsafe activities such as crossing tracks, skateboarding on the station premises, and loitering.
Security officers report safety hazards to the Commission or crimes to law enforcement and
provide daily activity reports. Security officers act as station ambassadors, assisting the patrons
with travel information and have knowledge of connecting services.
Security services at the stations and operation control center are vital for a safe environment and
experience of all users of the public transportation opportunities at the Commuter Rail stations
and to protect Commission property. All security officers are equipped with a smartphone
connected to an electronic tour of duty monitoring system to ensure all areas of each facility are
being monitored regularly, a line of communication with the operation control center, and able
to respond to calls. In additions, security officers monitor the stations closed-circuit television
(CCTV) system at the control center and are able to report any irregularities to the security
officers in the field and/or law enforcement if necessary.
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, experience, and approach and understanding to respond to the Commission’s needs for
security services as set forth under the terms of the request for proposals (RFP)
No. 23-24-050-00.
RFP No. 23-24-050-00 for security guard services was released by staff on March 23, 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 30 firms, 13 of which are located
in Riverside County. Through the PlanetBids site, 44 firms downloaded the RFP; eight of these
firms are located in Riverside County. A pre-bid conference was held on March 30, 2023, and
attended by five firms. Staff responded to all questions submitted by potential proposers prior
to the April 13 clarification deadline date. Fourteen firms – A.G. Coast Corp (Los Angeles); Alltech
Industries, Inc.( Monterey Park); American Global Security (Riverside); America Guard Services,
Inc. (Los Angeles); Anthem Protective Services (Carson); Citiguard, Inc. (West Hills); Command
International Security Services (Van Nuys); Contact Security, Inc. (Brea); Good Guard Security,
Inc. (Riverside); Inter-Con Security Systems, Inc. (Pasadena); Invicta Allstate Security Services (San
Diego); Patrol Vision Security Services, Inc. (Corona); Southwest Patrol Inc. (Brea); and Universal
Protection Services (Irvine) – submitted responsive and responsible statements of proposals prior
to the 2:00 p.m. submittal deadline on May 4, 2023. Utilizing the evaluation criteria set forth in
the RFP, the 14 firms were evaluated and scored by an evaluation committee comprised of
Commission and Bechtel staff. Scoring was based entirely upon the evaluation criteria set forth
in the RFP.
183
Agenda Item 8
Based on the evaluation committee’s assessment of the written proposals and pursuant to the
terms of the RFP, the evaluation committee short listed and invited three firms to the interview
phase of the evaluation and selection process. Interviews of the short-listed firms – Inter-Con
Security; Invicta Allstate Security; and Universal – were conducted on May 31, 2023.
As a result of the evaluation committee’s assessment of the written proposals and interviews,
the evaluation committee recommends contract award to Universal to perform security guard
services for a three-year term, with two, one-year options to extend the agreement, as this firm
earned the highest total evaluation score.
Firm Price Overall Ranking
Universal Protection Services $21,445,819.20 1
Inter-Con Security, Inc. $26,867,838.40 2
Invicta Allstate Security Services $28,504,424.00 3
Staff recommends the award of this contract to Universal in the amount of $21,450,000, with a
contingency of $1,072,500 for a total amount not exceed $22,522,500 for the three-year term,
with two, one-year options for a total of five years. The contingency amount of $1,072,500 will
be utilized under staff discretion for train events and promotions where additional security is
warranted, examples would be Festival of Lights trains.
The Commission’s standard form professional services agreement will be entered into with the
consultant subject to any changes approved by the Executive Director, and pursuant to legal
counsel review. Staff oversight of the contract will work to maximize the effectiveness of the
consultants and minimize costs to the Commission.
Financial Information
In Fiscal Year Budget: N/A Year: FY 2023/24
FY 2024/25+ Amount: $4,504,500
$18,018,000
Source of Funds: Measure A, and Federal Grants Budget Adjustment: No
GL/Project Accounting No.: 2440XX 81006 00000 0000 265 24 81006
Fiscal Procedures Approved:
Date: 06/15/2023
Attachment: Draft Agreement No. 23-24-050-00 with Universal
184
Agenda Item 8
Approved by the Western Riverside County Programs and Projects Committee on
June 26, 2023
In Favor: 8 Abstain: 0 No: 0
185
17336.00000\32845205.2
Agreement No. 23-24-050-00
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AGREEMENT FOR SECURITY GUARD SERVICES
WITH UNIVERSAL PROTECTION SERVICES
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 UNIVERSAL PROTECTION SERVICES ("Consultant"), a Limited
Partnership.
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 security guard 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
security guard services at the Commission owned commuter rail stations ("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.
186
17336.00000\32845205.2
2
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
Executive Director, or his or her designee, to act as its representative for the performance
of this Agreement ("Commission’s Representative"). Commission's representative shall
have the power to act on behalf of Commission for all purposes under this Agreement.
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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 Steve
Claton, 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:
Universal Protection Service, LP Riverside County
450 Exchange Transportation Commission
Irvine, CA 92602 4080 Lemon Street, 3rd Floor
Riverside, CA 92501
Attn: Steve Claton 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 SECURITY GUARD SERVICES
WITH UNIVERSAL PROTECTION SERVICE
IN WITNESS WHEREOF, this Agreement was executed on the date first
written above.
RIVERSIDE COUNTY CONSULTANT
TRANSPORTATION COMMISSION UNIVERSAL PROTECTION SERVICE, LP
By: __________________________ By: ____________________________
ANNE MAYER Signature
EXECUTIVE DIRECTOR
___________________________
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 A
STATEMENT OF SERVICES
The Riverside County Transportation Commission (hereinafter “RCTC” or “Commission”)
requires the professional services of a qualified consultant to provide Security Officer
Services at the Commission owned Commuter Rail Stations. Security Officers hours of
operations shall be twenty-four (24) hours a day, seven (7) days a week. The guards will
patrol—both on foot and/or in a marked, lighted patrol vehicle (golf cart/bicycle/segway).
Security Officer presence should deter motor vehicle theft and vehicle burglaries, as well as
other criminal activity including vandalism and graffiti in all areas of the station including
bathrooms and elevators. Security Officer shall discourage unsafe activities such as
skateboarding and report safety hazards or crimes to authorities. Security Officer shall treat
all transit users as customers and will be courteous, helpful, and professional at all times.
I. LOCATIONS
Station Locations: Contractor shall provide security services for the Commission at each of
the following commuter rail stations in the County of Riverside.
1. Riverside Downtown Station – 4066 Vine Street, Riverside, CA 92507
2. Pedley Station – 6001 Pedley Road, Riverside, CA 92509
3. La Sierra Station – 10901 Indiana Avenue, Riverside, CA 92503
4. La Sierra Station- 10901B Indiana Avenue, Riverside, CA 92503
5. West Corona Station – 155 S. Auto Center Drive, Corona, CA 92880
6. North Main Corona Station (including Parking Structure) – 250 East Blaine,
Corona, CA 92879
7. Perris Multimodal (Downtown Station) – 121 C Street, Perris, CA 92507
8. Riverside Hunter Park Station – 1101 Marlborough Avenue, Riverside, CA
92507
9. Moreno Valley/March Field Station – 14160 Meridian Parkway, Riverside, CA
92508
10. South Perris Station and Layover Area – 1304 Case Road, Perris, CA 92507
Operations Control Center: Contractor shall also provide security services for the
Commission’s Riverside Downtown Operations Control Center (4344 Vine Street,
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Riverside, CA 92507) located adjacent to the Riverside Downtown Station.
II. SCOPE OF SERVICES
A. GENERAL DUTIES
Standard duties of the security officer will include (but are not limited to):
1. Patrol each of the commuter rail stations on foot, riding a golf cart and/or
whatever other means the Commission considers best for each facility and/or
station location.
2. Provide security for patrons, buildings, vehicles and personnel at the commuter
rail stations and control center identified herein. This will include, but not be
limited to, making around the clock rounds of assigned areas and key
locations, responding to alarms, and securing gates and doors.
3. Respond to alarms, suspicious activities, fires, injuries, security incidences, or
any emergency situation.
4. Write reports to document incidents, as required, and forward to RCTC
designated staff.
5. Follow guidelines and requirements set forth in the Post Orders (see paragraph
III below) developed by the Successful Contractor.
6. Communicate with a broad diversity of persons, including the communication
of information to patrons in a courteous and professional manner.
7. Provide information to patrons regarding train, bus, and shuttle services at the
station in a friendly and professional manner.
8. Take photographs and document violations and incidents, as required.
9. Search within station grounds for reported belongings left behind by the public
and store in a locked and secure area, until the item is retrieved.
10. Reporting potential safety hazards, criminal activity, unusual circumstances
or activity, by calling 911 emergency and Commission personnel as necessary.
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Exhibits
11. Discouraging skateboarders from using the facility as a play area through
regular identification and reporting of these activities.
12. Discouraging loitering on the property and reporting extended
loitering/camping to police officials as appropriate.
13. Each parking lot, elevator, stairway, platform, and restroom shall be foot
patrolled at least four times per shift. The purpose of high-visibility patrol is to
provide safety to transit users and act as a deterrent to vehicle theft/vehicle
break-ins and other crimes.
14. Perform any other duties or functions not specifically outlined or set forth above
but which are reasonably identified as falling within the scope and realm of a
security officer’s duties and responsibilities.
Standard duties of the security officer will not include: Positioning themselves at
either end of the pedestrian track crossings when a train is entering or exiting the
station. This is strictly prohibited. The guard shall not act at any time as a track
crossing guard for users of the station.
B. PROCEDURES
Security Officers shall follow the following procedures:
1. Call 911 emergency numbers for any emergencies or immediate crimes in progress.
2. After contacting 911 emergency personnel, guards shall contact the designated
Commission representative listed on the Emergency/Contact List, provided by the
Commission, to report the emergency incident.
3. Document all emergency incidents and within three (3) working days of occurrence,
submit a written report to the Commission representative.
4. Contact the Commission representative to report all significant non-emergency
incidents.
5. Document all significant non-emergency incidents in a written report, prepare
monthly/weekly Daily Activities Log, and submit to the Commission representative.
6. In the event that a Security officer is involved in a confrontation with any individual,
that guard shall write a detailed incident report and ensure that it is delivered to
Security Company management on the (same) day the incident occurs, or the
following morning if the incident occurs during the evening. Security company
management shall forward the report to the Commission representative for
appropriate handling within one (1) day.
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Exhibits
7. Each Security officer shall be introduced to the Commission representative and an
exchange of information will take place (names, cell numbers etc.). Upon a change
in guards for any reason (vacation, termination, schedule change etc.) notice shall
be given to the Commission representative to avoid confusion.
8. Make citizen’s arrest when necessary.
9. Report any vandalism and graffiti observed on-site, including in restrooms or the
elevator, to the local Police Department.
10. Report any extended loitering or camping by individuals to the local Police
Department.
11. Officers shall be in communication with Contractor headquarters and shall have
mobile communication capability to contact police, if necessary.
12. Contractor shall be required to provide/utilize the CyCop telecommunication based
guard tour system or similar technology at each commuter rail station location.
Access should be granted to appropriate Commission representative(s).
13. Contractor shall provide accurate, legible, detailed reports of daily activity (DARs)
and submit to the Commission using the Commission’s Rail Station Security
Application Database.
a. The DARs should include but not be limited to all unsafe equipment or
conditions of site, any accidents or injuries occurring on property, all
equipment failure, schedule of services providers and a count of vehicles
remaining in parking lots after hours.
C. WORK FORCE
Classification Number of Officers Proposed Work Schedule Hours Per Week
Riverside Downtown (Western)
Security Officer 1 24 hours – 7 days per week 168
Security Officer 1 24 hours – 5 days per week 80
Security Officer 1 Mon.- Sun. 9pm-5am 56
Security Officer 1 Mon.- Fri. 9am-4pm 40
Control Center
CCTV Operator 2 24 hours – 7 days per week 336
CCTV Operator 1 16 hours- 5 days per week 80
Pedley (Western)
Security Officer 1 24 hours – 7 days per week 168
La Sierra (Western)
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Security Officer 1 24 hours – 7 days per week 168
Security Officer (RTA) 1 24 hours – 7 days per week 168
West Corona (Western)
Security Officer 1 24 hours – 7 days per week 168
North Main Corona (Western)
Security Officer 1 24 hours – 7 days per week 168
Security Officer 1 Mon.- Fri. – 4am-12pm 40
Security Officer 1 Mon.- Fri. – 12pm-8pm 40
Perris Multimodal (PVL)
Security Officer 2 24 hours – 7 days per week 336
Riverside Hunter Park (PVL)
Security Officer 1 24 hours – 7 days per week 168
Moreno Valley/March Field (PVL)
Security Officer 1 24 hours – 7 days per week 168
South Perris (PVL)
Security Officer 2 24 hours – 7 days per week 336
All
Account Manager 1 Mon. – Fri. 8am – 4pm 40
Day Supervisor
1
Mon. – Fri 5am-1pm 40
Overnight Supervisor
All Stations 1 Wed. – Sun 10pm-6am 40
Supervisor
Mon.- Fri. 3pm – 11pm 40
Western Stations &
Control Center 1
Supervisor
Sat & Sun 7am – 3pm
Mon - Wed 4pm – 12am
40 PVL Stations 1
1. Uniforms
a. All uniforms to be worn by contract security personnel working under
the contract are subject to approval by the Commission. Contract
personnel must be well-groomed and be provided by the security
company with complete uniforms that include shirts, trousers, jackets,
hats, badges, company designation patch(es), name tag(s), and any
other appropriate uniform apparel (e.g., raincoats, boots, etc.)
necessary to properly perform assigned tasks, prior to assignment at
any stations. Uniforms are to be neat, clean, pressed, and properly
fitted. Uniforms for all contract personnel are to be provided by the
security company at no additional cost to the Commission, and are
subject to approval of the authorized Commission supervisor. Any
Security officer reporting for duty in an incomplete uniform, a uniform
that is not neat, clean or properly fit, or who is otherwise not properly
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equipped may be dismissed by the Commission authorized supervisor
for the duration of the shift. In such event, the Contractor will be
responsible for immediately replacing the Security officer with another,
properly-equipped, guard.
b. At no additional cost to the Commission, the contractor shall equip
each security officer with a properly-functioning two-way
communication device, smart phone equipped with CyCop
technology, and shall provide and maintain 24-hour radio
communication capability with all assigned personnel and supervisors.
c. The contractor shall also provide, at no additional cost to the
Commission, all equipment necessary to properly carry out assigned
tasks. Such additional equipment may include, but is not limited to,
safety equipment items, operable flashlights, and spare batteries for
all battery-operated equipment.
2. The schedule of the guard shifts shall be based on the commuter rail train
schedule. Security officers will be required assist train riders with ticket purchases
and schedules.
D. PERSONNEL REQUIREMENTS
1. Guards must possess a high school diploma or G.E.D. equivalent, and shall
have the ability to speak, read, and write the English language; understand and
carry out oral and written directions; write accurate and clear reports; and
monitor environmental and electronic security systems at a level sufficient to
perform assigned tasks under the contract.
2. Guards must be a graduate of a state certified security officer/guard training
program and possess current, valid Consumer Affairs guard cards, certification
to carry pepper spray (a chemical agent), and handcuffs. Contractor and security
officers shall possess all necessary certificates and permits required by state
and any local jurisdiction.
3. All guards must possess current First Aid and CPR (Cardiopulmonary
Resuscitation) certification cards. Certification as an Emergency Medical
Technician level (EMT-1) may substitute for the first aid requirement.
4. Guards may not be employed under this contract if he or she currently or in
the past has been involved in:
a. Any felony conviction;
b. Military conduct resulting in dishonorable or undesirable discharge;
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c. Relieved from duties at any of the Commission’s rail stations;
d. Any pattern of irresponsible behavior, including but not limited to
unreasonable driving, theft, or a problem employee record.
5. Guards must meet the following requirements regarding personal behavior
and ability:
a. Ability to meet and deal tactfully with government personnel, facility
employees and the general public;
b. Ability to understand, explain, interpret and apply rules, regulations, directives
and procedures;
c. Possess poise, self-confidence and an ability to make sound decisions and
react quickly under stressful conditions;
d. Ability to prepare clear and concise reports;
e. Ability to learn and adapt to changing situations;
f. Ability to accept and respond to instructions and direction.
6. All guards assigned to work under this contract must be in good physical
condition, which enables him/her to perform the full range of security work.
Guards must be fully capable of performing work requiring moderate to arduous
physical exertion under either normal or emergency conditions. It is possible the
guards may encounter smoke and/or chemicals. Occasionally, security
personnel may be required to subdue violent or potentially violent people.
Accordingly, physical stamina in all its forms (mental, climate-related, etc.) is a
basic physical requirement of this position.
E. SUPERVISION AND TRAINING
Contractor’s supervisory duties shall include, but not be limited to:
1. Provide an adequate, appropriate level of field supervision for security officers
working the fixed posts.
1. Provide security officer training, at no cost to the Commission, at least once a
year for each security officer.
2. Ensure that relevant contractor personnel obtain applicable Verint certification
within the first six months of the contract.
3. Coordinate all security operations and services for regular and event
assignments with the Commission to ensure that all are properly staffed.
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F. MOBILE PATROL
Contractor must provide mobile patrol services upon request of the Commission. The
contractor is responsible for providing the necessary personnel and vehicle(s) properly
maintained and registered for the mobile patrol services. Unless otherwise requested or
approved by the Commission, all vehicles used for mobile patrol services under this
contract are to be clearly marked to clearly identify the vehicle as a patrol vehicle. Upon
request of the Commission for additional mobile patrol services that require the contractor
to provide additional vehicle(s), contractor will be allowed two (2) business days following
the request.
1. Provide security vehicle(s) at all of the stations.
2. Security vehicle(s) shall be equipped/installed with a security kit with the
following items:
i. Roof mounted high intensity LED strobe bar, blue light
ii. Security decals
iii. Horn
3. Security vehicles shall be maintained regularly and be in good working order
and appearance.
4. Security vehicle repairs shall be completed within 24 hours to maximize
patrol coverage and the availability for use.
5. All security vehicle expenses shall be calculated and included in the proposal
as an optional item.
III. POST ORDERS
The SUCCESSFUL security Contractor shall provide “post orders” to guide the
performance of its security personnel on Commuter Rail facilities. Contractor shall
submit a complete, final copy of the post orders for the Commission’s review and
approval by no more than six months from the issuance of the Notice to Proceed.
These post orders shall be prepared in consultation with the Commission and shall
be subject to regular update and inspection by the Commission. The Commission
shall provide interested parties, upon request and adequate notice, access to the
existing post orders. The existing post orders will be made available for review at the
Commission offices, located at 4080 Lemon St., 3rd Floor, Riverside, CA 92501.
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Please contact Commission representative at (951) 787-7141 to schedule a review
of the documents.
Post orders shall be written and contain complete duty instructions for staffing each
individual post, including provisions for handling critical incidents (emergency
procedures). All contact security personnel shall have access to these post orders at
all times while on duty. All contract security personnel are responsible for knowing
the locations of these written post orders and shall be familiar with their contents.
The Commission shall have a comprehensive set of all post orders in their
possession.
Post orders define the basic work to be performed by contract security personnel at
a specific site. Post orders shall include, but are not limited to:
1. Facility information (e.g. schedule of train operations, passenger
information, bus schedules and service provider information)
2. Facility rules and regulations
3. Operation of equipment (e.g. ticket vending and validator machines)
4. Operation of security vehicles
5. Vehicular traffic control
6. Access control procedures
7. Emergency and critical incident response procedures
8. Security and communication control systems
9. Rail safety procedures
10. Response to injury and illness
11. Safeguarding property
12. Interaction with vendors
G. Additional Security Officer Duties
Customer engagement
1. Public relations – interfacing with customers, representing the
Commission. Communicating with a broad diversity of persons, including the
communication of information to patrons in a courteous and professional manner.
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2. Provide Metrolink riders with information on using the rail system, reading
the train timetable, using ticket vending machines, fare policies, making
connections, and create a positive passenger experience.
3. Serve as the primary point of contact for train riders, inform customers at
the train platforms during service disruptions, make public address
announcements, and assist to prevent unnecessary delays to passengers.
4. Provide support to school groups to ensure safe travel, appropriate fare
media, and assistance with vouchers.
5. Coordinate passenger use of alternate transportation during service
disruptions or planned outages at Metrolink stations, and report transportation
issues to the appropriate personnel.
6. Inform customers on rail safety issues.
Conditions
1. Comfortable approaching unknown individuals – safety
2. Maintain a safe environment for station patrons – discourage loitering on
the property
3. Work in all weather conditions
Security Office Center (Riverside Downtown Operations Control Center)
1. Interacts with 13 officers at 9 locations
2. Covers almost 200 cameras; sometimes conducts video investigations for
time sensitive incidents and local law enforcement
3. Receives calls on the landline and provides customer service
4. Assists during incidents with video backup and makes calls to necessary
centers (e.g., railroad, PD, public utilities)
5. Reports trespasser and vandalism incidents to Metrolink security and
respond to emergencies or customer service-related problems as directed.
6. Passenger safety/ public safety – monitors activity on platforms and
tracks, as well as parking lots
7. Assists in alternate transportation during service disruptions and maintains
contact with transit agencies – critical during service disruptions
8. Providing above excellent customer service when dealing with Clients,
Customers, Co-Workers, and other agencies involved (e.g., RCTC, Metrolink
DOC, local law enforcement, BNSF Dispatch, UP Dispatch, RTA, Amtrak,
Omnitrans, OCTA, Megabus).
End of Statement of Services
215
17336.00000\32845205.2
Exhibits
Exhibit B
Compensation
216
17336.00000\32845205.2
Exhibits
Exhibit C
FTA Funding Requirements
217
17336.00000\32845205.2
Exhibits
Exhibit D
Disclosure of Lobbying
218
SECURITY GUARD SERVICES
AT COMMISSION OWNED COMMUTER RAIL STATIONS
Commission Meeting –July 12, 2023
Gary L. Ratliff, Facilities Administrator 1
RCTC STATIONS
2
SECURITY UPGRADES
3
•CCTV Digital
•Video Storage
•Cameras (186)
•Gates
•Fencing
•Signage
SECURITY GUARD SERVICES
4
•Observe station
conditions
•Inform and assist patrons
•Patrol assigned areas
•Open and close stations
•Report safety hazards
•Report crimes to law
enforcement
SECURITY GUARD PRESENCE
5
•Deter theft, break-ins,
vandalism, and graffiti.
•Discourage unsafe
activities at the station such
as crossing the tracks,
skateboarding on station
premises, loitering and
encampments.
PROCUREMENT 5-YEAR AGREEMENT
6
Procurement Process: March 23, 2023, RFP Released
1)44 Downloads
2)14 Submittals
3)3 Shortlisted for interviews
4)Criteria: Experience, Qualifications, Understanding/Approach, and Cost
Firm Price Score Overall Ranking
Allied Universal Protection Services $21,445,819.20 91.25 1
Inter-Con Security, Inc.$26,867,838.40 77.70 2
Invicta Allstate Security Services $28,504,424.00 63.95 3
RECOMMENDATIONS
7
5 Year Agreement: August 1, 2023
•3 year -August 1, 2023, through July 31, 2026
•Option 1 year extension –August 1, 2026, through July 31, 2027
•Option 1 year extension –August 1, 2027, through July 31, 2028
Evaluation committee recommends awarding the contract to Universal Protection
Services in the amount of $21,450,000 plus a contingency of $1,072,500,for a total
of $22,522,500 dollars covering a five-year period
COST ESCALATION
8
2016 -2023
•Minimum Wage Jan 1, 2016 -$10 per hour
•Minimum Wage Jan 1, 2023 –$15.50 per hour (55% Increase)
•Estimate in 2016 –132,866 Yearly Hours of Service
•Estimate in 2023 –156,000 Yearly Hours of Service (17%)
•Employment market –Area competition (Pay)
•Golf Carts –Reduce Commission liability
REQUESTED ACTIONS
9
1)Approve Agreement No.23-24-050-00 with Universal Protection Services for
Security Guard Services at the Commission Owned Commuter Rail Stations for a
three-year term,and two,one-year options to extend the agreement in the amount
of $21,450,000 plus a contingency amount of $1,072,500 for a total amount not to
exceed $22,522,500;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
10
AGENDA ITEM 9
Agenda Item 9
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: July 12, 2023
TO: Riverside County Transportation Commission
FROM: David Knudsen, External Affairs Director
THROUGH: Anne Mayer, Executive Director
SUBJECT: State and Federal Legislative Update
STAFF RECOMMENDATION:
This item is for the Commission to:
1) Receive and file a state and federal legislative update.
State Update
Assembly Bill 1385 (Garcia)
On June 27, the Senate Transportation Committee held a hearing on Assembly Bill 1385
(AB 1385). If approved by the Legislature and signed by the Governor, AB 1385 will increase
RCTC’s sales tax authority from one cent to one and a half cents. Ahead of the hearing, staff met
with the consultant for the Senate Transportation Committee and traveled to Sacramento to hold
12 meetings with staff from committee members and Riverside County’s legislative delegation
seeking support for the bill. Additionally, RCTC Executive Director Anne Mayer attended the
hearing on June 27 to provide primary testimony in support of the bill, which ultimately passed
out of the committee. Following passage, AB 1385 was scheduled for hearing in the Senate
Governance and Finance Committee on July 5, which has not yet taken place as of the writing of
this report.
Assembly Bill 6 (Friedman) – Oppose via Platform
Assembly Bill 6 (AB 6) by Assemblymember Laura Friedman provides significant new oversight by
the California Air Resources Board in the approval process of a metropolitan planning
organization’s Sustainable Communities Strategy and the methodology used to estimate
greenhouse gas (GHG) emissions. If enacted, these new burdensome requirements will likely
result in significant delays and increase costs to transportation projects. AB 6 would also revise
the criteria for the Solutions for Congested Corridors Program to require a project application
submitted for funding to demonstrate how the project would contribute to achieving the state’s
GHG emission reduction targets. Not only is this language broad and could conflict with regional
reduction targets, but it also represents another attempt to make changes to a program funded
219
Agenda Item 9
by the voter-affirmed Road Repair and Accountability Act of 2019, also known as SB 1
(Chapter 5, Statutes of 2017).
While the author offered conceptual amendments to the bill, staff believe that these changes
warrant thorough consideration by the relevant policy committees in both houses of the
Legislature before advancing. Staff submitted a letter of opposition to AB 6 on May 26 per the
Commission’s adopted 2023 State and Federal Legislative Platform. While the bill advanced
without amendments to the Senate with a vote of 45-19 at the end of May, the author announced
she will not proceed with AB 6 in 2023. By making it a two-year bill, the author expressed intent
to continue conversations with stakeholders regarding potential amendments. Until the bill
officially stalls for the year, staff will continue to convey opposition to the Senate policy
committees it is assigned. Thereafter RCTC will continue to engage with the author’s office as
negotiations continue to unfold over the coming months.
Opposing AB 6 is consistent with the Commission’s adopted 2023 State and Federal Legislative
Platform, including:
Climate Action and Air Quality
• Oppose legislative proposals or implementation measures (programming,
funding, environmental review, etc.) associated with the Climate Action Plan for
Transportation Infrastructure (CAPTI), Caltrans System Investment Strategy,
Executive Order N-19-19, Executive Order N-79-20, AB 32 Nunez (Chapter 488,
Statutes of 2006), SB 375 Steinberg (Chapter 728, Statutes of 2008), SB 743
Steinberg (Chapter 386, Statutes of 2013), SB 32 Pavley (Chapter 249, Statutes of
2016), AB 1278 Muratsuchi (Chapter 337, Statutes of 2022), or other climate
action goals that hinder a just transition to multimodal transportation systems in
Riverside County.
Regional Control
• State and federal rulemakings, administrative processes, program guidelines, and
policy development activities should include meaningful collaboration from
regional transportation agencies.
Projects
• Oppose policies that inhibit the efficient, timely delivery of such projects.
Assembly Bill 7 (Friedman) – Oppose via Platform
Assembly Bill 7 (AB 7), authored by Assemblymember Laura Friedman, requires the California
State Transportation Agency, California Department of Transportation (Caltrans), and California
Transportation Commission to consider specific principles as part of their processes for project
development, selection, and implementation. Principles would be included from the CAPTI,
which is a state administrative document subject to change, the Infrastructure Investment and
Jobs Act, which is the current federal surface transportation reauthorization law that will sunset
220
Agenda Item 9
in 2026, and the federal Justice40 initiative, which is a federal initiative subject to change. If
enacted, AB 7 may impact the allocation of billions of dollars in state transportation funding,
infringing on RCTC’s competitiveness for state grants and ability to deliver critically needed
transportation infrastructure for Riverside County residents.
AB 7 was amended on May 25, leaving local regional transportation agencies just days to assess
the full impacts of the bill before legislative deadlines. Similar to AB 6, RCTC staff took action to
oppose the bill based on the Commission’s adopted 2023 State and Federal Legislative Platform
and encouraged the author to re-refer AB 7 to the necessary policy committees before advancing
the bill. However, AB 7 passed the Assembly Floor by a vote of 54-17 and was scheduled for
hearing in the Senate Transportation Committee on July 11. Staff will continue to monitor and
convey the RCTC’s position to relevant Senate policy committees as appropriate.
Opposing AB 7 is consistent with the Commission’s adopted 2023 State and Federal Legislative
Platform, including:
Climate Action and Air Quality
• Oppose legislative proposals or implementation measures (programming,
funding, environmental review, etc.) associated with the Climate Action Plan for
Transportation Infrastructure (CAPTI), Caltrans System Investment Strategy,
Executive Order N-19-19, Executive Order N-79-20, AB 32 Nunez (Chapter 488,
Statutes of 2006), SB 375 Steinberg (Chapter 728, Statutes of 2008), SB 743
Steinberg (Chapter 386, Statutes of 2013), SB 32 Pavley (Chapter 249, Statutes of
2016), AB 1278 Muratsuchi (Chapter 337, Statutes of 2022), or other climate
action goals that hinder a just transition to multimodal transportation systems in
Riverside County.
Regional Control
• State and federal rulemakings, administrative processes, program guidelines, and
policy development activities should include meaningful collaboration from
regional transportation agencies.
• Policies should be sensitive to each region’s unique needs and avoid “one size fits
all” assumptions, over-reliance on single modes of transportation that would
disadvantage regional mobility, and lack of distinction between urban, suburban,
and rural needs.
Projects
• Oppose policies that inhibit the efficient, timely delivery of such projects.
State Budget
On June 15, the Legislature voted to approve the Fiscal Year 2023-24 State Budget, which was
signed by Governor Gavin Newsom on June 27. This budget agreement rejects the proposals
outlined in the Governor’s January budget release to reduce funding for transportation programs
221
Agenda Item 9
including the Transit and Intercity Rail Capital Program by $2 billion over the next three fiscal
years as well as the Active Transportation Program by $200 million. The agreement also provides
$1.1 billion over three years for the Zero Emission Transit Capital Program to provide flexibility
for transit capital and operations expenses across the state, contingent on meeting specified
accountability measures.
Following the approval of the budget, the Legislature continued to work with Governor Gavin
Newsom on additional budget items, which were included in the form of budget trailer bills.
These bills, which were ultimately approved by the Legislature and signed into law, included
several elements of the Governor’s infrastructure package unveiled on May 19, including
streamlining the California Environmental Quality Act (CEQA) review for certain infrastructure
projects, such as granting permanent delegation of National Environmental Policy Act
responsibility to the state for rail, local public transportation, or multimodal projects, authorizing
Caltrans to utilize job order contracting method to more quickly complete routine transportation
projects, and granting Caltrans authority to utilize a progressive design build procurement
authority for certain projects, among others. While impact to RCTC’s projects would be limited,
the Self-Help Counties Coalition, whose membership includes RCTC, provided a letter of support
for this proposal and its efforts to reduce red tape and expedite project delivery.
Federal Update
Federal Debt Limit
On June 2, President Joe Biden signed H.R. 3746, the Fiscal Responsibility Act of 2023, suspending
the nation’s borrowing limits until January 2025. The agreement, crafted by the Administration
and Congressional leadership, followed weeks of negotiations to address the debt limit, which
the federal government was expected to reach by June 5. The bill rescinded more than $30 billion
in unobligated COVID-19 funding allocated to U.S. Department of Transportation grants.
Fortunately, RCTC was able to avoid the rescission of funds programmed for the I-15 Express
Lanes Project Southern Extension. The Fiscal Responsibility Act of 2023 further places trigger
cuts of one percent from the previous fiscal year for any appropriations subcommittee bill that
fails to pass, increasing incentive for bipartisan agreement as the appropriations markup season
continues.
FISCAL IMPACT:
This is a policy and information item. There is no fiscal impact.
Attachments:
1) Legislative Matrix – July 2023
2) AB 1385 Support Letter – Dated June 8, 2023
3) AB 6 Oppose Letter – Dated May 24, 2023
4) AB 7 Oppose Letter – Dated May 25, 2023
5) Self Help Counties Coalition Support Letter
222
RIVERSIDE COUNTY TRANSPORTATION COMMISSION - POSITIONS ON STATE AND FEDERAL LEGISLATION – JULY 2023
Legislation/ Author Description Bill Status Position Date of Board Adoption
AB 6 (Friedman) This bill provides significant new oversight to the California Air Resources
Board in the approval process of a metropolitan planning organization’s
Sustainable Communities Strategy and the methodology used to
estimate greenhouse gas emissions. These new burdensome
requirements will likely result in significant delays to transportation
projects.
Passed the Assembly,
referred to the Senate
Transportation and
Environmental Quality
Committees (Author agreed
to not proceed with the bill
in 2023).
June 14, 2023
Oppose Based on Platform 5/24/2023
AB 7 (Friedman) This bill requires the California State Transportation Agency, California
Department of Transportation, and California Transportation
Commission to consider specific principles as part of their processes for
project development, selection, and implementation. AB 7 may impact
the allocation of billions of dollars in state transportation funding,
infringing on RCTC’s ability to deliver critically needed transportation
infrastructure in Riverside County.
Passed the Assembly,
referred to the Senate
Transportation Committee.
June 14, 2023
Oppose Based on Platform 5/25/2023
AB 558 (Arambula) This bill restructures the Fresno County Transportation Authority (FCTA)
by increasing its board membership from nine to thirteen members. This
restructuring is done without the consensus and support from regional
stakeholders and sets a concerning precedent for RCTC and other
regional transportation agencies that rely upon a collaborative process
to be effective.
Additionally, the bill was amended on April 18 to subject a county
transportation expenditure plan prepared by the Fresno County
Transportation Authority (FCTA) to the requirements of the California
Environmental Quality Act.
Failed deadline, can be
acted upon in January
2024.
April 28, 2023
Oppose Based on platform 4/10/2023
ATTACHMENT 1
223
Legislation/ Author Description Bill Status Position Date of Board Adoption AB 1385 (Garcia) This bill would raise RCTC’s maximum tax rate authority from 1% to 1.5%. Passed out of the Senate
Transportation Committee
and scheduled for hearing
in the Senate Governance
and Finance Committee on
July 5, 2023.
June 27, 2023
Support 3/8/2023
AB 1525 (Bonta) This bill significantly narrows the location and types of projects eligible to
receive state transportation funding by requiring 60% of funds to be
allocated to priority populations.
In committee: Held under
submission.
May 18, 2023
Oppose Based on platform 4/11/2023
SB 617 (Newman) This bill would authorize a transit district, municipal operator,
consolidated agency, joint powers authority, regional transportation
agency, or local or regional agency, as described, to use the progressive
design-build process. The bill would specify that the authority to use the
progressive design-build process.
Passed out of the Assembly
Local Government
Committee on June 21,
2023. Re-referred to the
Appropriations Committee.
June 27, 2023
Support Based on platform
4/5/2023
224
June 8, 2023
The Honorable Lena Gonzalez
Chair, Senate Transportation Committee
1021 O Street, Suite 7720
Sacramento, CA 95814
Subject: Support for AB 1385 (Garcia)
Dear Chair Gonzalez:
On behalf of the Riverside County Transportation Commission (RCTC), I respectfully request your support for
Assembly Bill (AB) 1385 by Assemblymember Eduardo Garcia, which is slated for hearing before the Senate
Transportation Committee on June 27, 2023. RCTC is proud to sponsor AB 1385, which would increase the
Commission's sales tax authority by a half-cent to provide Riverside County residents with future funding
options to meet the growing transportation needs of our region.
In 1987, RCTC was granted tax administration and fee collection authority by the state (PUC 240000). Riverside
County's voters subsequently passed a county-wide half-cent per dollar sales tax measure to fund transportation
improvements in 1988, known as Measure A, with a 78.8 percent "yes" vote. Riverside County voters renewed
Measure A in 2002 with a 69.2 percent "yes" vote. Measure A now sunsets in 2039.
As the administrator of Measure A, the Commission kept its promises to Riverside County voters for nearly 35
years by using the residents' tax dollars efficiently and effectively to build the projects voters said they wanted.
Measure A generated thousands of jobs and provided more than $4.1 billion in local sales tax funding for
transportation projects across Riverside County that support its nearly 2.5 million residents, with public transit;
commuter and motorist assistance; state highways; local streets and roads; and habitat conservation for 146
protected species.
While California’s overall population decreased during the last few years, Riverside County remains one of the
fastest growing counties in the state and nation. The California Department of Finance projects that by 2048,
Riverside County will have 3 million people, up 20 percent from 2022. People are moving here because of
housing affordability, economic opportunity, and access to open space.
The increase in the county's population necessitates evaluating how to fund much-needed improvements to
our transportation infrastructure. Unfortunately, there is a significant backlog of critically needed transportation
projects in Riverside County that existing fund sources cannot meet. AB 1385 provides options should Riverside
County's voters choose to implement a new sales tax measure to fund future transportation needs.
ATTACHMENT 2
225
The Honorable Lena Gonzalez
June 8, 2023
Page 2
AB 1385 does not raise taxes. The bill increases RCTC’s sales tax authority from one cent to one and a half cents
per dollar and does not alter Measure A’s half-cent sales tax rate. Any tax increase would require approval from
Riverside County’s voters.
For these reasons, RCTC is proud to sponsor AB 1385 and respectfully requests your support for the bill. Should
you have any questions, please do not hesitate to contact me at amayer@rctc.org or (951) 787-7141.
Sincerely,
Anne Mayer
Executive Director
CC: Members, Senate Transportation Committee
Assemblymember Eduardo Garcia, 36th Assembly District
Riverside County Legislative Delegation
226
May 24, 2023 The Honorable Laura Friedman California State Assembly 1021 O Street, Suite 5740 Sacramento, CA 95814
Subject: Opposition to AB 6 Dear Assemblymember Friedman, The Riverside County Transportation Commission (RCTC) respectfully opposes Assembly Bill (AB) 6, as amended on March 16, 2023. While we appreciate your office’s willingness to work with stakeholder working groups in developing possible amendments to the bill, we have significant concerns that the conceptual amendments provided to stakeholders on May 9 would introduce new concepts to AB 6 that have not been vetted through policy or fiscal committee prior to a floor vote. AB 6’s conceptual amendments would warrant a re-referral to the necessary policy committees based on the extensive new duties imposed on metropolitan planning organizations (MPO), cities and counties, and several state entities. In its current form, AB 6 provides the California Air Resources Board with greater discretion and oversight in the approval process of an MPO’s Sustainable Communities Strategy and the methodology used to estimate greenhouse gas emissions. This alone will add burdensome new requirements and increases the likelihood of major delays for critical transportation projects. RCTC maintains its support for collaborative approaches to reimagining how we effectively, equitably, and sustainably move people and goods across the state. However, we owe it to the public to do so in a deliberative and transparent manner. Advancing AB 6 to the floor will place Assemblymembers in the precarious position of considering an incomplete and unrealized policy proposal that could dramatically impact their districts in ways that have not been appropriately assessed. For these reasons, RCTC opposes AB 6 and encourages the bill to be re-referred to relevant policy and fiscal committees in the Assembly for further review upon the introduction of amendments. RCTC eagerly awaits these amendments and the opportunity comment, as well as reevaluate its position as appropriate. RCTC intends to be a part of the solution. Should you have any questions, please do not hesitate to contact me at amayer@rctc.org or (951) 787-7141.Sincerely,
Anne Mayer Executive Director CC: Riverside County Legislative Delegation
ATTACHMENT 3
227
May 25, 2023
The Honorable Laura Friedman
California State Assembly
1021 O Street, Suite 5740
Sacramento, CA 95814
Subject: Opposition to AB 7
Dear Assemblymember Friedman:
The Riverside County Transportation Commission (RCTC) respectfully opposes Assembly Bill (AB) 7, as amended
on May 24, 2023. While we appreciate your office’s willingness to work with stakeholder working groups in
developing possible amendments to the bill, we have significant concerns that the recent amendments
introduce new concepts to AB 7 that have not been vetted through policy or fiscal committee prior to a floor
vote.
AB 7’s recent amendments warrant a re-referral to the necessary policy committees based on the insufficient
time for local and regional agencies to assess which—if not all—programs the proposed principles would need
to be incorporated and what impacts they would have on their respective communities.
As written, AB 7 will change how the state selects projects for transportation funding. This may affect the
allocation of billions of dollars in state transportation funding, impacting RCTC’s ability to deliver critically
needed transportation infrastructure in Riverside County. RCTC uses its voter-approved local sales tax measure
to partner with the state to fund mobility improvements. If, for some reason, these local projects cannot meet
all the new criteria outlined in AB 7, our local projects will not receive the necessary funding to get completed.
RCTC appreciates your continued recognition of the need for the California Transportation Plan to consider the
full cost of implementation, as well as available resources. Such an analysis that may be objectively compared
to regional plans and priorities is long overdue, but RCTC sees this, along with substantial state investment in
the development of multimodal systems in inland regions with new funds, as a prerequisite before a
comprehensive rewrite of existing state funding programs.
RCTC maintains its support for collaborative approaches to reimagining how we effectively, equitably, and
sustainably move people and goods across the state. However, we owe it to the public to do so in a deliberative
and transparent manner. Advancing AB 7 to the floor will place Assemblymembers in the precarious position of
ATTACHMENT 4
228
The Honorable Laura Friedman
May 25, 2023
Page 2
considering an unvetted policy proposal that could dramatically impact their districts in ways that have not been
appropriately assessed.
For these reasons, RCTC opposes AB 7 and encourages the bill to be re-referred to relevant policy and fiscal
committees in the Assembly for further review upon the introduction of amendments. RCTC intends to be a part
of the solution and will reevaluate its position as the bill follows the legislative process. Should you have any
questions, please do not hesitate to contact me at amayer@rctc.org or (951) 787-7141.
Sincerely,
Anne Mayer
Executive Director
CC: Riverside County Legislative Delegation
229
1121 L Street #700 Street (916) 290-2900
Alameda County
Transportation Commission
Contra Costa
Transportation Authority
Fresno County
Transportation Authority
Imperial County
Transportation Commission
Los Angeles County
Metropolitan Transportation
Authority
Madera County
Transportation Commission
Transportation Authority
Of Marin
Merced County Association of
Governments
Transportation Agency for Monterey
County
Napa Valley Transportation Authority
Orange County
Transportation Authority
Riverside County
Transportation Commission
Sacramento
Transportation Authority
Santa Barbara County
Association of Governments
San Benito County Governments
San Bernardino
County Transportation Authority
Santa Clara Valley
Transportation Authority
Santa Cruz County Regional
Transportation Commission
San Diego
Association of Governments
San Francisco County
Transportation Authority
San Joaquin
Council of Governments
San Mateo County
Transportation Authority
Sonoma County
Transportation Authority
Stanislaus Council of Governments
Tulare County
Association of Governments
Sent via email:
June 7th 2023
Re: SUPPORT – Newsom Administration Infrastructure Package: Build California’s
Clean Future, Faster
To Speaker Rendon, Assemblymember Ting, Senator Pro Tem Atkins, and Senator
Skinner:
On behalf of the Self Help Counties Coalition we are writing to express our strong
support for the Newsom Administration’s proposed infrastructure package to
accelerate critical clean infrastructure projects that meet state social, climate, and
economic goals. These proposals maintain the integrity of appropriate environmental
review, government transparency, and community engagement.
As you are all aware, the Self-Help County Coalition (SHCC) member agencies
fund California’s transportation infrastructure by approving local sales tax increases
by a 2/3 voter margin. There are currently 25 SHCC in California, representing over
80 percent of the population or roughly 30 million people. The SHCC member
agencies generate, on average, well over $5 billion annually to fund regional and
State priority multi-modal projects, creating tens of thousands of well paying middle
class jobs. All of our projects pay a living wage and support our local communities.
Extreme events caused by climate change, including heatwaves, wildfires, flooding,
and drought, pose unprecedented challenges to the State’s infrastructure. Tackling
this climate crisis and advancing the state’s equity goals necessitate urgent action
and deployment of clean projects to meet our world-leading climate goals, build a
clean and resilient electric grid, strengthen California’s water resiliency, and
modernize the state’s clean transportation infrastructure.
California has a once-in-a-generation opportunity to leverage federal funding to
invest in California’s clean infrastructure, grow the state’s economy, and create
thousands of good paying jobs. Yet major infrastructure projects are too often
bogged down in overly onerous regulatory processes and a siloed approach to
permitting approvals, which increases overall costs and delays critical projects. In
order to streamline permitting and build infrastructure responsibly and expeditiously
the Administrtion is proposing thoughtful, common sense reform measures to
streamline regulatory and review processes so projects can be planned, permitted,
and built faster while protecting the environment. Importantly, these proposals
provide unique streamlining benefits under the California Environmental Quality
Act (CEQA) to advance climate-friendly projects without reducing the
environmental and government transparency benefits of the environmental review
process.
ATTACHMENT 5
230
1121 L Street #700 Street (916) 290-2900
For these reasons, we are in strong support of the Administration’s infrastructure package
to build California’s clean future, faster.
Please feel free to reach out to me if I can answer any questions at (916) 290-2900.
Respectfully,
Keith Dunn
Executive Director
CC: Sen. Judiciary Chair, Tom Umberg
Sen. Transportation, Lena Gonzalez
Asm Transportation Chair, Asm. Laura Friedman
Asm Water, Parks, Wildlife Chair, Asm. Rebecca Bauer-Kahan
Asm Natural Resources Chair, Asm. Luz Rivas
Asm Judiciary Chair, Asm. Brian Maienschein
Sen. Natural Resources and Water Chair, Dave Min
231
OVERVIEW: GOVERNOR’S
INFRASTRUCTURE STREAMLINING
PACKAGE
RIVERSIDE COUNTY TRANSPORTATION
COMMISSION
JULY 12, 2023
1
David Knudsen
External Affairs Director
2
Today’s Discussion
•Background
•Overview of Streamlining Measures
•Provisions that May Benefit
Regional Transportation Planning
Agencies (RTPA)
3
Goal: Streamline Priority Projects Eligible for
IIJA and Other Federal Funding
•Governor unveils proposals on May 19, 2023
•Legislative skepticism
•Tough negotiating through the state budget
•Deal announced on June 24
•Legislature passes Infrastructure Streamlining Package on July 5
4
Elements of the Streamlining Package
•Environmental
Mitigation
•Procurement
•Environmental
Review
•Workforce
Development
5
Provisions that May Benefit RTPAs
•Allowing Full Take of Fully Protected Species
•CalSTA NEPA Authority for Multimodal Projects
•CEQA Administrative Record Streamlining
•CEQA Judicial Streamlining for ELDPs
•CEQA Judicial Streamlining for Specified Infrastructure Projects
QUESTIONS
6
AGENDA ITEM 10
PRESENTATION
From:Tara Byerly
To:Tara Byerly
Cc:Lisa Mobley
Subject:RCTC: FSP 30th Anniversary PowerPoint Presentation
Date:Wednesday, July 12, 2023 11:31:00 AM
Attachments:image001.png
image002.png
image003.png
image004.png
image005.png
Good morning Commissioners,
Below is the link to the Freeway Service Patrol 30th Anniversary PowerPoint presentation that was
presented this morning at the Commission meeting.
https://www.rctc.org/wp-content/uploads/2023/07/10.HS_.RCTC_.FSP-30th-Anniversary.pptx
Respectfully,
Tara
Tara Byerly
Deputy Clerk of the Board
Riverside County Transportation Commission
951.787.7141 W |951.787.7906 F
4080 Lemon St. 3rd Fl.| P.O. Box 12008 Riverside, CA 92502
rctc.org
FREEWAY SERVICE PATROL
CELEBRATING 30 YEARS OF SERVICE
RIVERSIDE COUNTY TRANSPORTATION
COMMISSION
JULY 12, 2023
1
Hanan Sawalha, Management Analyst
Commuter & Motorist Assistance
External Affairs Department
2
3
4
5
Motorist Giveaway
THANK YOU!
6
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
ROLL CALL
JULY 12, 2023
Present Absent
County of Riverside, District I X
County of Riverside, District II X
County of Riverside, District III X
County of Riverside, District IV X
County of Riverside, District V X
City of Banning X
City of Beaumont X
City of Blythe X
City of Calimesa X
City of Canyon Lake X
City of Cathedral City X
City of Coachella X
City of Corona X
City of Desert Hot Springs X
City of Eastvale X
City of Hemet X
City of Indian Wells X
City of Indio X
City of Jurupa Valley X
City of La Quinta X
City of Lake Elsinore X
City of Menifee X
City of Moreno Valley X
City of Murrieta X
City of Norco X
City of Palm Desert X
City of Palm Springs X
City of Perris X
City of Rancho Mirage X
City of Riverside X
City of San Jacinto X
City of Temecula X
City of Wildomar X
Governor’s Appointee, Caltrans District 8 X
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
COMMISSIONER SIGN -IN SHEET
JULY 12, 2023
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TO: Riverside County Transportation Commission
FROM: Lisa Mobley, Administrative Services Director/Clerk of the Board
DATE: July 5, 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. 6 C - Agreement for Freeway Service Patrol Tow Truck Service
Consultant(s): Royal Coaches Auto Body & Towing
William Salazar, President & CEO
14827 Ramona Blvd.
Baldwin Park, CA 91706
Agenda Item No. 8 - Agreement for Security Guard Services at Commission Owned Commuter Rail Stations
Consultant(s): Universal Protection Service, LP
Steve Claton, Regional President, Southwest Region
450 Exchange
Irvine, CA 92602