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HomeMy Public PortalAbout10 October 23, 2017 Budget & ImplementationComments 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 Budget and Implementation Committee Time: 9:30 a.m. Date: October 23, 2017 Location: BOARD ROOM County of Riverside Administration Center 4080 Lemon St, First Floor, Riverside CA 92501 COMMITTEE MEMBERS Jan Harnik, Chair / Kathleen Kelly, City of Palm Desert Rusty Bailey, Vice Chair/ Andy Melendrez, City of Riverside Lloyd White / Nancy Carroll, City of Beaumont Jim Hyatt / Jeff Hewitt, City of Calimesa Randall Bonner / Jordan Ehrenkranz, City of Canyon Lake Greg Pettis / Shelley Kaplan, City of Cathedral City Steven Hernandez / To Be Appointed, City of Coachella Scott Matas / Russell Betts, City of Desert Hot Springs Linda Krupa / Michael Perciful, City of Hemet Dana Reed / To Be Appointed, City of Indian Wells Bob Magee / Natasha Johnson, City of Lake Elsinore Rick Gibbs / Jonathan Ingram, City of Murrieta Michael Naggar / Matt Rahn, City of Temecula John F. Tavaglione, County of Riverside, District II Chuck Washington, County of Riverside, District III STAFF Anne Mayer, Executive Director Theresia Trevino, Chief Financial Officer AREAS OF RESPONSIBILITY Annual Budget Development and Oversight Competitive Federal and State Grant Programs Countywide Communications and Outreach Programs Countywide Strategic Plan Legislation Public Communications and Outreach Programs Short Range Transit Plans COMM-BI-00043 Tara Bve rl From: Tara Byerly Sent: Tuesday, October 17, 2017 10:00 AM To: Tara Byerly Cc: STANDIFO; Anne Mayer Subject: RCTC: Budget and Implementation Committee Agenda - 10.23.2017 Good morning Budget and Implementation Committee Members: Attached is the link to the Budget and Implementation Committee Agenda for the meeting scheduled @ 9:30 a.m. on Monday, October 23. http://rctcdev.info/uploads/media items/budget-and-implementation-committee-october-23-2017.original.pdf Also attached for your review, is the Conflict of Interest memo and form. Let me know if you have any questions. Conflict of Conflict of Interest Form.pdf interest Memo.p... Respectfully, Tara Byerly Deputy Clerk of the Board Riverside County Transportation Commission 951.787.7141 W 1951.787.7906 F 4080 Lemon St. 3rd FI. ( P.O. Box 12008 Riverside, CA 92502 rctc.org in i RIVERSIDE COUNTY TRANSPORTATION COMMISSION TO: FROM: DATE: SUBJECT: Possible Conflicts of Interest Issues — Budget and Implementation Committee Agenda of October 23, 2017 Riverside County Transportation Commission Tara Byerly, Deputy Clerk of the Board October 18, 2017 The October 23 agenda of the Budget and Implementation Committee includes items which may raise possible conflicts of interest. A ROTC member 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 any entity or individual listed. Agenda Item No. 8 — Agreements for On -Call Public Outreach and Marketing Services Consultant(s): Arellano Associates Genoveva L. Arellano, Principal 5851 Pine Avenue, Suite A Chino Hills, CA 91709 M81 Media Mary McCormick, President/CEO 957 S. Village Oaks Drive Covina, CA 91724 Celtis Ventures, Inc. M/G, Inc. Matt Raymond, ITS President/CEO Esmeralda Garcia, Principal 811 N. Catalina Avenue, Suite 3022 1500 Iowa Avenue, Suite 110 Redondo Beach, CA 90277 Riverside, CA 92507 CityWorks People + Places, Inc. Catherine Smith, CFO, JD 110 West A Street, Suite 600 San Diego, CA 92101 ETA Agency Cassandra Popli, Vice President 444 W. Ocean Boulevard, Suite 150 Long Beach, CA 90802 RIVERSIDE COUNTY TRANSPORTATION COMMISSION BUDGET AND IMPLEMENTATION COMMITTEE www.rctc.org AGENDA* *Actions may be taken on any item listed on the agenda 9:30 a.m. Monday, October 23, 2017 BOARD ROOM County of Riverside Administrative Center 4080 Lemon Street, First Floor Riverside, California In compliance with the Brown Act and Government Code Section 54957.5, agenda materials distributed 72 hours prior to the meeting, which are public records relating to open session agenda items, will be available for inspection by members of the public prior to the meeting at the Commission office, 4080 Lemon Street, Third Floor, Riverside, CA, and on the Commission’s website, www.rctc.org. In compliance with the Americans with Disabilities Act, Government Code Section 54954.2, and the Federal Transit Administration Title VI, please contact the Clerk of the Board at (951) 787-7141 if special assistance is needed to participate in a Commission meeting, including accessibility and translation services. Assistance is provided free of charge. Notification of at least 48 hours prior to the meeting time will assist staff in assuring reasonable arrangements can be made to provide assistance at the meeting. 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS – Each individual speaker is limited to speak three (3) continuous minutes or less. The Committee may, either at the direction of the Chair or by majority vote of the Committee, waive this three minute time limitation. Depending on the number of items on the Agenda and the number of speakers, the Chair may, at his/her discretion, reduce the time of each speaker to two (2) continuous minutes. Also, the Committee may terminate public comments if such comments become repetitious. In addition, the maximum time for public comment for any individual item or topic is thirty (30) minutes. Speakers may not yield their time to others without the consent of the Chair. Any written documents to be distributed or presented to the Committee shall be submitted to the Clerk of the Board. This policy applies to Public Comments and comments on Agenda Items. Under the Brown Act, the Board should not take action on or discuss matters raised during public comment portion of the agenda which are not listed on the agenda. Board members may refer such matters to staff for factual information or to be placed on the subsequent agenda for consideration. Budget and Implementation Committee October 23, 2017 Page 2 5. APPROVAL OF MINUTES – SEPTEMBER 25, 2017 6. ADDITIONS/REVISIONS (The Committee may add an item to the Agenda after making a finding that there is a need to take immediate action on the item and that the item came to the attention of the Committee subsequent to the posting of the agenda. An action adding an item to the agenda requires 2/3 vote of the Committee. If there are less than 2/3 of the Committee members present, adding an item to the agenda requires a unanimous vote. Added items will be placed for discussion at the end of the agenda.) 7. 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. 7A. SINGLE SIGNATURE AUTHORITY REPORT Page 1 Overview This item is for the Committee to: 1) Receive and file the Single Signature Authority report for the first quarter ended September 30, 2017; and 2) Forward to the Commission for final action. 8. AGREEMENTS FOR ON-CALL PUBLIC OUTREACH AND MARKETING SERVICES Page 3 Overview This item is for the Committee to: 1) Award the following agreements to provide on-call public outreach and marketing services for a three-year term, and two, two-year options to extend the agreements, in an amount not to exceed an aggregate value of $1 million: a) Agreement No. 17-15-105-00 to Arellano Associates; b) Agreement No. 17-15-110-00 to Celtis Ventures, Inc.; c) Agreement No. 17-15-111-00 to CityWorks People + Places, Inc.; d) Agreement No. 17-15-112-00 to ETA Agency; e) Agreement No. 17-15-113-00 to MBI Media; and f) Agreement No. 17-15-114-00 to Moore Iacofano Goltsman, Inc. (MIG); 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreements, including option years, on behalf of the Commission; 3) Authorize the Executive Director, or designee, to execute task orders awarded to the consultants under the terms of the agreements; and 4) Forward to the Commission for final action. Budget and Implementation Committee October 23, 2017 Page 3 9. 2009 MEASURE A LOCAL STREETS AND ROADS PROGRAM MAINTENANCE OF EFFORT AND FISCAL YEARS 2017/18 – 2021/22 CAPITAL IMPROVEMENT PLAN FOR THE CITY OF BEAUMONT Page 28 Overview This item is for the Committee to: 1) Approve the 2009 Measure A Maintenance of Effort (MOE) Base Year level of $515,908 (prorated initial year amount of $343,939) for the city of Beaumont (Beaumont) applicable beginning with Fiscal Year 2017/18; 2) Approve Beaumont’s FYs 2017/18 – 2021/22 Capital Improvement Plan (CIP) for Local Streets and Roads (LSR); 3) Split Measure A revenues between Western Riverside Council of Governments (WRCOG) and Beaumont according to the settlement terms approved by both parties, including a maximum amount of $9.4 million to be received by WRCOG; 4) Allocate Beaumont’s share of Measure A LSR funds starting in January 2018, which represents sales taxes earned in November 2017, assuming that Beaumont’s participation in TUMF is effective November 4, 2017; and 5) Forward to the Commission for final action. 10. SB 132 AGREEMENTS FOR LIMONITE INTERCHANGE AND JURUPA AVENUE GRADE SEPARATION PROJECTS Page 51 Overview This item is for the Committee to: 1) Approve the following agreements for projects that received an allocation of SB 132 funds: a) Agreement No. 18-62-059-00 with Riverside County (County) and the cities of Eastvale and Jurupa Valley for the Interstate 15/Limonite Avenue Interchange Improvement (I-15 Limonite Interchange) project; and b) Agreement No. 18-62-058-00 with the County and the city of Jurupa Valley (Jurupa Valley) for the Jurupa Avenue Road Grade Separation project; 2) Authorize the Executive Director, pursuant to legal counsel review, to execute the agreements and any future amendments considered minor, with the exception of changes to funding; and 3) Forward to the Commission for final action. Budget and Implementation Committee October 23, 2017 Page 4 11. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION MASTER AGREEMENT ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS Page 76 Overview This item is for the Committee to: 1) Approve Master Administering Agency-State Agreement (Master Agreement) No. 18-31-066-00 for Federal-Aid Projects between the Commission and the State of California Department of Transportation (Caltrans); 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; and 3) Forward to the Commission for final action. 12. ITEM(S) PULLED FROM CONSENT CALENDAR AGENDA 13. COMMISSIONERS / STAFF REPORT Overview This item provides the opportunity for the Commissioners and staff to report on attended and upcoming meeting/conferences and issues related to Commission activities. 14. ADJOURNMENT AND THE NEXT MEETING The next Budget and Implementation Committee meeting is scheduled to be held at 9:30 a.m., Monday, November 27, 2017, Board Chambers, First Floor, County Administrative Center, 4080 Lemon Street, Riverside. RIVERSIDE COUNTY TRANSPORTATION COMMISSION BUDGET AND IMPLEMENTATION COMMITTEE SIGN -IN SHEET OCTOBER 231 2017 NAME AGENCY EMAIL ADDRESS \-9 ,g4(.4_59e /.. 4 Ai ✓� % _ ♦ ifi w v illiri."-_ 1 / j' 1 rvt 7l---- . I i • \.i C". mr' L _ - v ►. N 1 ))_4.11\1 �► • N t -Z- CI \\ \Oe-.0-4\ '9\' 111► c.r / -k frQ---- 5 - ": '' I/ - A- Z.Lcvs---- 9, R(- c_ Ad 66 g---5- ,:2 92- ,2,-,-, .__---2 f &eft 1.< ailk Ca}(40-6(r41 et- , sr.s- Z.-,,,,, ,1„.„ .4„...44, ,-----,,,,,,,J-\ -_____-`("v ) ,-,--vtivue-RA., RIVERSIDE COUNTY TRANSPORTATION COMMISSION BUDGET AND IMPLEMENTATION COMMITTEE ROLL CALL OCTOBER 23, 2017 Present Absent County of Riverside, District II .0 County of Riverside, District III City of Beaumont City of Calimesa City of Canyon Lake City of Cathedral City City of Coachella 0 02-r City of Desert Hot Springs City of Hemet City of Indian Wells City of Lake Elsinore City of Murrieta CI City of Palm Desert CI City of Riverside City of Temecula AGENDA ITEM 5 MINUTES RIVERSIDE COUNTY TRANSPORTATION COMMISSION BUDGET AND IMPLEMENTATION COMMITTEE Monday, September 25, 2017 MINUTES 1. CALL TO ORDER The meeting of the Budget and Implementation Committee was called to order by Chair Jan Harnik at 9:32 a.m., in the Board Room at the County of Riverside Administrative Center, 4080 Lemon Street, First Floor, Riverside, California, 92501. 2. ROLL CALL Members/Alternates Present Members Absent Rusty Bailey Steven Hernandez Randall Bonner Chuck Washington Rick Gibbs Jan Harnik Jim Hyatt Linda Krupa Bob Magee Scott Matas Michael Naggar Greg Pettis Dana Reed John Tavaglione* Lloyd White* *Arrived after the meeting was called to order 3. PLEDGE OF ALLEGIANCE Commissioner Greg Pettis led the Budget and Implementation Committee in a flag salute. 4. PUBLIC COMMENTS There were no requests to speak from the public. RCTC Budget and Implementation Committee Minutes September 25, 2017 Page 2 5. APPROVAL OF MINUTES – AUGUST 28, 2017 M/S/C (Harnik/Gibbs) to approve the minutes of August 28, 2017 meeting as submitted. Abstain: Commissioner Pettis 6. ADDITIONS / REVISIONS There were no additions or revisions to the agenda. 7. 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. M/S/C (Harnik/Gibbs) to approve the following Consent Calendar item(s): 7A. QUARTERLY SALES TAX ANALYSIS 1) Receive and file the sales tax analysis for Quarter 1, 2017 (1Q 2017); and 2) Forward to the Commission for final action. 8. STATE AND FEDERAL LEGISLATIVE UPDATE Aaron Hake, External Affairs, Director, presented an update on state and federal legislation. In response to Chair Harnik’s question about the changes that removed the Commission’s opposition to AB 91 (Cervantes), Aaron Hake replied AB 91 proposed to require all high occupancy vehicle lanes in Riverside County be open to all commuters during non-peak hours. He discussed how the Commission and other agencies had concerns about this legislation, and the issues with air quality goals that have to be met by federal law contained in the Regional Transportation Plan (RTP). He then discussed how these issues were brought to Assembly Member Cervantes who committed to work with on amendments to AB 91 with the Commission. In response to Commissioner Rick Gibbs’ clarification about details of AB 135 (Assembly Budget Committee) if it passes, Aaron Hake replied the Governor signed the AB 135 so it is now law. He stated the guidelines process the California Transportation Commission (CTC) is developing to implement this program will be updated. For Riverside County, the Commission’s planning and programming staff is working with each of the jurisdictions on the Technical Advisory Committee (TAC) and staff is regularly pushing information to the TAC that is received from the CTC as to the requirements and the guidelines. RCTC Budget and Implementation Committee Minutes September 25, 2017 Page 3 At this time, Commissioners John Tavaglione and Lloyd White joined the meeting. Anne Mayer stated the CTC it taking the communications related to these issues very seriously. She explained at Mobility 21 on September 29, the CTC staff will set up a special SB 1 table and there will be several elected officials, as well as many public works directors and city engineers attending. M/S/C to: 1) Receive and file an update on state and federal legislation; and 2) Forward to the Commission for final action. 9. CALIFORNIA TRANSPORTATION COMMISSION’S ACTIVE TRANSPORTATION PROGRAM CYCLE 3 AUGMENTATION FUNDING RECOMMENDATIONS Lorelle Moe-Luna, Senior Management Analyst, presented the California Transportation Commission’s Active Transportation Program (ATP) Cycle 3 Augmentation funding recommendations, highlighting the following areas: • ATP overview; • CTC Scoring Criteria and category; • Review of previous cycles; • A map depicting the ATP funded projects – Cycles 1, 2, 3, and SB 1 Augmentation; • Distribution of Funds – Cycle 3 for a total of $264 million for FY 2020 and FY 2021; • Distribution of Funds – Cycle 3 additional SB 1 Augmentation funds for a total of $192 million for FY 2018 and FY 2019; and • Staff recommendations. Anne Mayer stated as it was mentioned the Commissioner’s jurisdictions are all doing very well in this program. This is a statewide competitive program and Riverside County projects have a significant amount of funding coming in for important facilities and projects these jurisdictions have on their improvement plans. She discussed a meeting with the CTC Executive Director, CTC Commissioner Joe Tavaglione, and San Bernardino County Transportation Authority Executive Director Ray Wolfe, to discuss SB 1 in terms of a look ahead for the next year. She indicated some of the concerns were shared about the ATP application process. Anne Mayer explained the CTC is looking at trying to change their process so like projects compete against each other and the Commission will ensure its strategies are modified to meet the CTC’s guidelines. Staff will come back at an appropriate time next year with possible revisions. RCTC Budget and Implementation Committee Minutes September 25, 2017 Page 4 M/S/C (Reed/Bailey) to: 1) Approve the two highest scoring active transportation projects for inclusion in the Metropolitan Planning Organization (MPO) Active Transportation Program (ATP) Cycle 3 Augmentation Regional Program, consisting of the Riverside County Department of Public Health’s Cabazon/Banning Safe Routes to School (SRTS) Program and the Coachella Valley Association of Governments’ (CVAG) CV Link project, for funding totaling approximately $4,799,222; 2) Approve the Riverside County ATP contingency list, consisting of the next highest scoring projects, for inclusion in the MPO ATP Augmentation Regional Program; 3) Submit the recommended projects to the Southern California Association of Governments (SCAG) for inclusion in the MPO ATP Cycle 3 Augmentation Regional Program and subsequent submittal to the California Transportation Commission (CTC) for final approval in December 2017; 4) Submit the MPO ATP Cycle 3 Augmentation regional projects to SCAG for inclusion in the Federal Transportation Improvement Program (FTIP) programming; 5) Direct staff to coordinate with the MPO ATP Regional Program project sponsors regarding timely funding allocations, obligations, and project delivery; and 6) Forward to the Commission for final action. 10. REVISION TO THE FISCAL YEAR 2017/18 SB 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM FUNDING RECOMMENDATIONS Martha Masters, Management Analyst, provided the details for the revision to the Fiscal Year 2017/18 SB 821 Bicycle and Pedestrian Facilities Program funding recommendations. M/S/C (Bailey/Gibbs) to: 1) Approve the Revised Fiscal Year 2017/18 SB 821 Bicycle and Pedestrian Facilities program recommended projects as shown in Attachment 1 in the amount of $3,343,187 to include an additional three projects in the cities of Lake Elsinore, La Quinta, and Temecula; 2) Direct staff to prepare and execute memorandums of understanding (MOU) with the three additional project sponsors to outline the project schedule and local funding commitments; 3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreements on behalf of the Commission; and 4) Forward to the Commission for final action. RCTC Budget and Implementation Committee Minutes September 25, 2017 Page 5 11. FUNDING FOR THE RIVERSIDE TRANSPORTATION ANALYSIS MODEL UPDATE Martha Masters provided a brief overview for the funding for the Riverside Transportation Analysis Model (RIVTAM) update. M/S/C (Gibbs/Magee) to: 1) Approve funding a portion of the Riverside Transportation Analysis Model (RIVTAM) Update in the amount of $200,000 with State Transportation Improvement Program (STIP) Planning, Programming, and Monitoring (PPM) funds; and 2) Forward to the Commission for final action. 12. ITEM(S) PULLED FROM CONSENT CALENDAR AGENDA There were no items pulled from the consent calendar. 13. COMMISSIONERS / EXECUTIVE DIRECTOR REPORT There were no Commissioner or Executive Director comments. 14. ADJOURNMENT There being no further business for consideration by the Budget and Implementation Committee, the meeting was adjourned at 10:04 a.m. Respectfully submitted, Tara Byerly Deputy Clerk of the Board AGENDA ITEM 7A Agenda item 7A RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: October 23, 2017 TO: Budget and Implementation Committee FROM: Matt Wallace, Procurement Manager THROUGH: Theresia Trevino, Chief Financial Officer SUBJECT: Single Signature Authority Report STAFF RECOMMENDATION: This item is for the Committee to: 1) Receive and file the Single Signature Authority report for the first quarter ended September 30, 2017; and 2) Forward to the Commission for final action. BACKGROUND INFORMATION: Certain contracts are executed under single signature authority as permitted in the Commission’s Procurement Policy Manual adopted in September 2015. The Executive Director is authorized to execute services contracts that are less than $150,000 individually and in an aggregate amount not to exceed $1 million in any given fiscal year. Additionally, in accordance with Public Utilities Code Section 130323(c), the Executive Director is authorized to sign contracts for supplies, equipment, materials, and construction of all facilities and works under $50,000 individually. The attached report details all contracts that have been executed during the first quarter ended September 30, 2017, under the single signature authority granted to the Executive Director. The unused capacity of single signature authority for services at September 30, 2017 is $850,000. Attachment: Single Signature Authority Report as of September 30, 2017 1 CONSULTANT DESCRIPTION OF SERVICES ORIGINAL CONTRACT AMOUNT PAID AMOUNT REMAINING CONTRACT AMOUNT AMOUNT AVAILABLE July 1, 2017 $1,000,000.00 Fairbank, Maslin, Maullin, Metz & Associates (FM3) Public opinion research services 150,000.00 0.00 150,000.00 AMOUNT USED 150,000.00 150,000.00 $850,000.00 None N/A $- $- $- Jose Mendoza Theresia Trevino Prepared by Reviewed by AMOUNT USED SINGLE SIGNATURE AUTHORITY AS OF September 30, 2017 Note: Shaded area represents new contracts listed in the first quarter. AMOUNT REMAINING through September 30, 2017 Agreements that fall under Public Utilities Code 130323 (C) 2 AGENDA ITEM 8 Agenda Item 8 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: October 23, 2017 TO: Budget and Implementation Committee FROM: Eliza Perez, Public Affairs Manager THROUGH: John Standiford, Deputy Executive Director SUBJECT: Agreements for On-Call Public Outreach and Marketing Services STAFF RECOMMENDATION: This item is for the Committee to: 1) Award the following agreements to provide on-call public outreach and marketing services for a three-year term, and two, two-year options to extend the agreements, in an amount not to exceed an aggregate value of $1 million: a) Agreement No. 17-15-105-00 to Arellano Associates; b) Agreement No. 17-15-110-00 to Celtis Ventures, Inc.; c) Agreement No. 17-15-111-00 to CityWorks People + Places, Inc.; d) Agreement No. 17-15-112-00 to ETA Agency; e) Agreement No. 17-15-113-00 to MBI Media; and f) Agreement No. 17-15-114-00 to Moore Iacofano Goltsman, Inc. (MIG); 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreements, including option years, on behalf of the Commission; 3) Authorize the Executive Director, or designee, to execute task orders awarded to the consultants under the terms of the agreements; and 4) Forward to the Commission for final action. BACKGROUND INFORMATION: At its September 2014 meeting, the Commission approved the current three-year term agreements for on-call public outreach services. The ability to procure these services for limited work is an invaluable tool allowing the Commission to move forward on smaller capital projects or short-term programs. As a result, the Commission maintained an on-call public outreach services consultant bench, consisting of public outreach and marketing firms, for many years. This on-call ability helps staff keep the public informed of various Commission projects and programs when no public outreach component exists. Since the last agreement for on-call public outreach services in 2014, some examples of past tasks include: 3 Agenda Item 8 • The pilot Rail Safety Program initiated in conjunction with the launch of the 91/Perris Valley Line (91/PVL); • 91/PVL marketing for special events such as the Festival of Lights; • Construction outreach for smaller capital projects; and • An extension of staff when numerous special events occur simultaneously. As the Commission moves into ownership and operation of express lanes, active use of the Commission-owned rail line, regular external communications to the public via social media and other traditional outreach methods, the Commission will need to keep qualified communication firms on-hand for public outreach tasks beyond the available bandwidth of its small in-house staff. This approach is consistent with the Commission’s adopted budget principle of maintaining a lean organization that heavily relies on consultants. Additionally, the RCTC 2016 Strategic Assessment adopted four key goals, one of which is: “Communicate More.” Research conducted by the Commission indicates generally low public engagement and awareness of the Commission’s services and projects. Given the changing nature of communications, increasing congestion and mobility challenges in Riverside County, and funding constraints, staff believes the Commission must be proactive in reaching its constituents to assist them in identifying transportation solutions to their daily travels, whether for commuting, business, or recreation. Moreover, the Commission must avail itself of the opportunity to listen and receive feedback from its constituents so that its program, projects, and services are most responsive to the needs of the public today and for the future. This recommended bench offers a variety of communication talent that can adequately provide a variety of outreach ability and scope. This on-call public outreach list of selected firms will more importantly assist staff in keeping Riverside County residents as informed as possible about the Commission’s activities. 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 proposals with price and other factors considered. Non-price factors include elements such as qualifications of firm, personnel, and the ability to respond to the Commission’s needs for on-call public outreach and marketing services as set forth under the terms of the Request for Proposals (RFP) No. 17-15-105-00. RFP No. 17-15-105-00 for on-call public outreach and marketing services was released by staff on June 29. A public notice was advertised in the Press Enterprise, and the RFP was posted on the Commission’s PlanetBids website, which is accessible through the Commission’s website. Utilizing PlanetBids, emails were sent to 216 firms, 30 of which are located in Riverside County. Through the PlanetBids site, 54 firms downloaded the RFP; 8 of these firms are located in Riverside County. Staff responded to all questions submitted by potential proposers prior to the 4 Agenda Item 8 July 20 clarification deadline date. Nineteen firms – Arellano Associates (Chino Hills); Boatright- Simon Picture + Sound (Los Angeles); Brown Marketing Strategies, Inc. (San Diego); Burke Rix Communications, LLC (Palm Springs); Celtis Ventures, Inc. (Redondo Beach); CityWorks People + Places, Inc. (San Diego); CliffordMoss, LLC (Oakland); Costin Public Outreach Group (Huntington Beach); Curt Pringle & Associates (Anaheim); ETA Agency (Long Beach); HyattWard Advertising, Inc. (Redlands); Kleinfelder (Riverside); MBI Media (Covina); Mercury Public Affairs, LLC (Los Angeles); MIG (Riverside); S. Groner Associates, Inc. (Long Beach); Sensis, Inc. (Los Angeles); TBWB Strategies (San Francisco); and VMA Communications, Inc. (Claremont) – submitted responsive and responsible proposals prior to the submittal deadline on August 15. Utilizing the evaluation criteria set forth in the RFP, the 19 proposals were evaluated and scored by an evaluation committee comprised of Commission and Orange County Transportation Authority staff. As a result of the evaluation committee’s assessment of the written proposals, the evaluation committee determined four firms – Arellano Associates; Celtis Ventures, Inc.; MBI Media; and MIG – to be the most qualified firms to provide on-call public outreach and marketing services. Additionally, since the Commission intended to award up to six agreements for on-call public outreach and marketing services, the evaluation committee shortlisted and invited three firms – CityWorks People + Places, Inc.; ETA Agency; and Kleinfelder – to the interview phase of the evaluation and selection process. Interviews were conducted on September 11. Subsequently, the evaluation committee determined CityWorks People + Places, Inc. and ETA Agency to be the most qualified firms from the interview phase to provide on-call public outreach and marketing services. As a result of the evaluation committee’s assessment of the written proposals and interviews, the evaluation committee recommends contract awards to Arellano Associates; Celtis Ventures, Inc.; CityWorks People + Places, Inc.; ETA Agency; MBI Media; and MIG for a three-year term, and two, two-year options to extend the agreements, as these firms earned the highest total evaluation scores. The overall evaluation ranking, based on highest to lowest total evaluation score, and the average hourly rate are presented in the following table: Firm Price* Overall Ranking Arellano Associates $83.71 1 MBI Media $97.05 2 MIG, Inc. $113.34 3 Celtis Ventures $93.00 4 CityWorks People + Places, Inc. $104.67 5 ETA Agency $118.38 6 Kleinfelder $105.77 7 5 Agenda Item 8 Burke Rix Communications, LLC $146.67 8 VMA Communications, Inc. $91.05 9 Boatright-Simon Picture + Sound $38.49 10 Brown Marketing Strategies, Inc. $105.05 11 Costin Public Outreach Group $126.67 12 HyattWard Advertising $74.29 13 Curt Pringle & Associates $154.81 14 Sensis, Inc. $183.78 15 Mercury Public Affairs, LLC $191.67 16 S. Groner Associates, Inc. $133.76 17 CliffordMoss, LLC $181.67 18 TBWB Strategies $425.00 19 *Prices reflect average hourly rate for key personnel. Staff recommends an aggregate value of $1 million for these on-call public outreach and marketing services agreements. This represents an average of approximately $142,850 per year over the maximum seven-year term; however, actual utilization of the on-call services is expected to vary from year to year. The multiple award, on-call, indefinite delivery/indefinite quantity task order type contracts do not guarantee work to any of the awardees; therefore, no funds are guaranteed to any consultant. Pre-qualified consultants will be selected for specific tasks based on qualification information contained in their proposals and/or competitive fee proposals for the specific tasks. Services will be provided through the Commission’s issuance of contract task orders to the consultants on an as-needed basis. The Commission’s model on-call professional services agreement will be entered into with each consultant firm, pursuant to legal counsel review. Staff oversight of the contracts and task orders will maximize the effectiveness of the consultants and minimize costs to the Commission. Financial Information In Fiscal Year Budget: Yes N/A Year: FY 2017/18 FY 2018/19+ Amount: $75,000 $925,000 Source of Funds: Measure A, Local Transportation Fund, TUMF, and Motorist Assistance Administration Funds Budget Adjustment: No N/A GL/Project Accounting No.: 001001 65520 00000 0001 101 15 65520 254199 65520 00000 0000 103 25 65520 254199 73705 00000 0000 103 25 73704 009199 73705 00000 0000 591 31 73704 623999 65520 00000 0000 262 31 65520 Fiscal Procedures Approved: Date: 10/16/2017 Attachment: Draft On-Call Professional Services Agreement 6 APPENDIX B - 1 17336.00000\8752982.2 Agreement No. 17-15-___-00 RIVERSIDE COUNTY TRANSPORTATION COMMISSION AGREEMENT FOR ON-CALL PUBLIC OUTREACH AND MARKETING SERVICES WITH [___CONSULTANT___] 1. PARTIES AND DATE. This Agreement is made and entered into this day of , 2017, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("the Commission") and [___NAME OF FIRM___] ("Consultant"), a [___LEGAL STATUS OF CONSULTANT e.g., CORPORATION___]. 2. RECITALS. 2.1 Consultant desires to perform and assume responsibility for the provision of certain professional consulting services required by Commission on the terms and conditions set forth in this Agreement. Consultant represents that it is a professional consultant, experienced in providing [___INSERT TYPE OF SERVICES___] 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 certain consulting services for the [___INSERT PROJECT NAME___] Project ("Project") as set forth herein. 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. 3.2 Term. The term of this Agreement shall be from the date first specified above to ________________, unless earlier terminated as provided herein. 7 APPENDIX B - 2 17336.00000\8752982.2 The Commission, at its sole discretion, may extend this Agreement for two, two-year option terms. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. 3.3 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, the Commission shall respond to Consultant's submittals in a timely manner. Upon request of the Commission, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.4 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant under its supervision. Consultant will determine the means, method and details of performing the Services subject to the requirements of this Agreement. Commission retains Consultant on an independent contractor basis and Consultant is not an employee of Commission. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall not be employees of Commission and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers' compensation insurance. 3.5 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of Commission. 3.6 Substitution of Key Personnel. Consultant has represented to Commission that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence and experience upon written approval of Commission. In the event that Commission and Consultant cannot agree as to the substitution of key personnel, Commission shall be entitled to terminate this Agreement for cause, pursuant to provisions of Section 3.16 of this Agreement. The key personnel for performance of this Agreement are as follows: __________________________________. 3.7 Commission’s Representative. Commission hereby designates [___INSERT NAME OR TITLE___], or his or her designee, to act as its representative for the performance of this Agreement ("Commission’s Representative"). Commission's representative shall have the power to act on behalf of Commission for all purposes 8 APPENDIX B - 3 17336.00000\8752982.2 under this Agreement. Consultant shall not accept direction from any person other than Commission's Representative or his or her designee. 3.8 Consultant’s Representative. Consultant hereby designates [___INSERT NAME OR TITLE___], or his or her designee, to act as its representative for the performance of this Agreement ("Consultant’s Representative"). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.9 Coordination of Services. Consultant agrees to work closely with Commission staff in the performance of Services and shall be available to Commission's staff, consultants and other staff at all reasonable times. 3.10 Standard of Care; Licenses. Consultant shall perform the Services under this Agreement in a skillful and competent manner, consistent with the standard generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from Commission, any Services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein, and shall be fully responsible to the Commission for all damages and other liabilities provided for in the indemnification provisions of this Agreement arising from the Consultant’s errors and omissions. 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 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. 9 APPENDIX B - 4 17336.00000\8752982.2 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. Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per claim. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. 10 APPENDIX B - 5 17336.00000\8752982.2 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. (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. 11 APPENDIX B - 6 17336.00000\8752982.2 (C) Workers’ Compensation and Employers Liability Coverage. (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) The insurer shall agree to waive all rights of subrogation against the Commission, its directors, officials, officers, employees and agents for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages. (i) Defense costs shall be payable in addition to the limits set forth hereunder. (ii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth herein shall be available to the Commission, 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 12 APPENDIX B - 7 17336.00000\8752982.2 Insured Endorsement to the Commission at least ten (10) days prior to the effective date of cancellation or expiration. (v) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (vi) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the Commission, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. (vii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Commission has the right but not the duty to obtain the insurance it deems necessary and any premium paid by Commission will be promptly reimbursed by Consultant or Commission will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, Commission may cancel this Agreement. The Commission may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (viii) Neither the Commission nor any of its directors, officials, officers, employees or agents shall be personally responsible for any liability arising under or by virtue of this Agreement. Each insurance policy required by this Agreement shall be endorsed to state that: 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. 13 APPENDIX B - 8 17336.00000\8752982.2 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. 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 and incorporated herein by reference. Compensation shall be on the basis of direct costs plus a fixed fee as further set forth in Exhibit “C”. The total compensation per Task Order shall be set forth in the relevant Task Order, and shall not exceed said amount without written approval of the Commission’s Executive Director. 14 APPENDIX B - 9 17336.00000\8752982.2 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 Extra Work. At any time during the term of this Agreement, Commission may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by Commission to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from Commission's Executive Director. 3.15 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred and fees charged under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of Commission during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.16 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. 15 APPENDIX B - 10 17336.00000\8752982.2 3.16.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, Commission may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.17 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONSULTANT: COMMISSION: ______________________ Riverside County ______________________ Transportation Commission ______________________ 4080 Lemon Street, 3rd Floor _____________________ Riverside, CA 92501 Attn: ________________ Attn: Executive Director Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.18 Ownership of Materials/Confidentiality. 3.18.1 Documents & Data. This Agreement creates an exclusive and perpetual license for Commission to copy, use, modify, reuse, or sub-license any and all copyrights and designs embodied in plans, specifications, studies, drawings, estimates, materials, data and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that Commission is granted an exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to grant the exclusive and perpetual license for all such Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the Commission. Commission shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at Commission’s sole risk. 16 APPENDIX B - 11 17336.00000\8752982.2 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 17 APPENDIX B - 12 17336.00000\8752982.2 name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of Commission. 3.18.4 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 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.20 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 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. Consultant shall defend, indemnify and hold the Commission, its directors, officials, officers, agents, 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 alleged negligent acts, omissions or willful misconduct of the 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 all consequential damages, 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 the Commission, its directors, officials, officers, agents, consultants, employees and volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against the Commission or its directors, officials, officers, agents, consultants, employees and volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse the Commission and its directors, officials, officers, agents, consultants, employees and volunteers, for any and all legal expenses and costs, including reasonable attorney’s fees, incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant’s obligation to indemnity shall not be restricted to insurance proceeds, if any, received by the Commission or its directors, officials, officers, agents, consultants, employees and volunteers. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain 18 APPENDIX B - 13 17336.00000\8752982.2 to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. This Section 3.21 shall survive any 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. 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. 19 APPENDIX B - 14 17336.00000\8752982.2 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 provi- sions of Commission's Disadvantaged Business Enterprise program, Affirmative Action Plan or other related Commission programs or guidelines currently in effect or hereinafter enacted. 3.29 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. Effective March 1, 2015, 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 20 APPENDIX B - 15 17336.00000\8752982.2 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 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. 21 APPENDIX B - 16 17336.00000\8752982.2 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 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 Conflicting Provisions. In the event that provisions of any attached exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties’ understanding concerning the performance of the Services. 3.42 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. 3.43 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. 22 APPENDIX B - 17 17336.00000\8752982.2 3.44 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. [SIGNATURES ON FOLLOWING PAGE] 23 APPENDIX B - 18 17336.00000\8752982.2 SIGNATURE PAGE TO RIVERSIDE COUNTY TRANSPORTATION COMMISSION AGREEMENT FOR ON-CALL PUBLIC OUTREACH AND MARKETING SERVICES WITH [___CONSULTANT___] IN WITNESS WHEREOF, this Agreement was executed on the date first written above. RIVERSIDE COUNTY CONSULTANT TRANSPORTATION COMMISSION [INSERT NAME OF CONSULTANT] By: _________________________ By: ____________________________ [INSERT NAME] Signature Chairman __________________________ Name __________________________ Title Approved as to Form: Attest: By: ____________________________ By: ________________________ Best Best & Krieger LLP Its: Secretary General Counsel 24 APPENDIX B - 19 17336.00000\8752982.2 EXHIBIT "A" SCOPE OF SERVICES [___INSERT___] 25 APPENDIX B -20 17336.00000\8752982.2 EXHIBIT "B" SCHEDULE OF SERVICES [___INSERT___] 26 APPENDIX B -21 17336.00000\8752982.2 EXHIBIT "C" COMPENSATION [ATTACHED BEHIND THIS PAGE] 27 AGENDA ITEM 9 Agenda Item 9 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: October 23, 2017 TO: Budget and Implementation Committee FROM: Lorelle Moe-Luna, Senior Management Analyst, Planning and Programming Grace Alvarez, Planning and Programming Manager THROUGH: Shirley Medina, Planning and Programming Director Theresia Trevino, Chief Financial Officer SUBJECT: 2009 Measure A Local Streets and Roads Program Maintenance of Effort and Fiscal Years 2017/18 – 2021/22 Capital Improvement Plan for the City of Beaumont STAFF RECOMMENDATION: This item is for the Committee to: 1) Approve the 2009 Measure A Maintenance of Effort (MOE) Base Year level of $515,908 (prorated initial year amount of $343,939) for the city of Beaumont (Beaumont) applicable beginning with Fiscal Year 2017/18; 2) Approve Beaumont’s FYs 2017/18 – 2021/22 Capital Improvement Plan (CIP) for Local Streets and Roads (LSR); 3) Split Measure A revenues between Western Riverside Council of Governments (WRCOG) and Beaumont according to the settlement terms approved by both parties, including a maximum amount of $9.4 million to be received by WRCOG; 4) Allocate Beaumont’s share of Measure A LSR funds starting in January 2018, which represents sales taxes earned in November 2017, assuming that Beaumont’s participation in TUMF is effective November 4, 2017; and 5) Forward to the Commission for final action. BACKGROUND INFORMATION: The 2009 Measure A provides member agencies with local funding for street maintenance and operations, street repairs, street improvements, and new infrastructure of their LSR systems. To be eligible for Measure A LSR funds, local jurisdictions with the exception of those in the Palo Verde Valley area must participate in either the Coachella Valley Association of Governments (CVAG) or WRCOG Transportation Uniform Mitigation Fee (TUMF) program, and Western County agencies must also participate in the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) managed by the Western Riverside County Regional Conservation Authority (RCA). 28 Agenda Item 9 Beaumont participated in the RCA MSHCP however, has not participated in the WRCOG TUMF program since October 2009, thus, making it ineligible to receive Measure A Western County LSR funds since the inception of the 2009 Measure A. However, on September 5, 2017, Beaumont City Council approved the establishment of the TUMF Program pursuant to Ordinance No. 1091, effective 60 days from adoption. As part of the agreement to join the WRCOG TUMF program, Beaumont agreed to direct the Commission to distribute Measure A revenues directly to WRCOG, for a total sum not to exceed $9.4 million, based on the settlement terms stated in Section 1.2.3 of the attached settlement agreement as shown below. Approval Date through the Fifth Anniversary of the Approval Date: 0% For the second five-year period: 25% For the third five-year period: 40% For the fourth five-year period: 60% From the end of the fourth five-year period through June 30, 2039: 75% To receive Measure A LSR disbursements in FY 2017/18, approval of a MOE Base Year level and Five-Year CIP is required. The 2009 Measure A ordinance established a local agency MOE requirement to ensure Measure A funds do not supplant local discretionary funds for LSR improvements. If local agencies do not meet their respective MOE base year level in a given year, Measure A LSR allocations will be withheld the following year. In June 2010, the Commission approved MOE guidelines, which required that participating agencies identify General Fund transportation construction and maintenance expenditures and exclude necessary deductions such as administrative/overhead costs and one-time expenditures. In accordance with these guidelines, Beaumont submitted the MOE Base Year level of $515,908 (Attachment 2) based on the average of FY 2014/15 and FY 2015/16 eligible expenditures. Staff reviewed the calculation and supporting documentation provided by Beaumont and found it consistent with the MOE guidelines. Therefore, staff recommends approval of the submitted MOE Base Year level effective in FY 2017/18; however, since the FY 2017/18 Measure A allocation is a partial year, staff recommends a prorated MOE amount of $343,939 for FY 2017/18 as the initial year. Beaumont also submitted its first Five-Year CIP as shown in Attachment 3, which details how the Measure A funds will be expended. Staff reviewed Beaumont’s CIP and supporting documentation to ensure compliance with Measure A requirements and also recommends approval of Beaumont’s FYs 2017/18 – 2021/22 Measure A CIP. Assuming that Beaumont’s participation in the WRCOG TUMF is effective November 4, 2017, Beaumont will begin to receive Measure A LSR allocations in January 2018, which represents the 29 Agenda Item 9 November 2017 sales tax collections. For the FY 2017/18 budget, Beaumont’s share of Measure A LSR is reflected as a distribution to the Western County Measure A Regional Arterial Program; however, staff will adjust the budget to reflect the allocation of approximately $577,000 to Beaumont beginning in November 2017. Moving forward, Beaumont will be required to submit an updated Five-Year CIP and MOE Certification annually and a project status report for the prior year CIP. Additionally, Measure A LSR disbursements will be contingent upon verification of participation in the WRCOG TUMF program and in RCA’s MSHCP. Financial Information In Fiscal Year Budget: Yes N/A Year: FY 2017/18 FY 2018/19+ Amount: $577,000 $883,000 (annual estimate) Source of Funds: 2009 Measure A Western County LSR Budget Adjustment: No N/A GL/Project Accounting No.: 267 71 86104 Fiscal Procedures Approved: Date: 10/16/2017 Attachments: 1) Beaumont/WRCOG Settlement Agreement 2) Beaumont’s MOE Certification 3) Beaumont’s FYs 2017/18 – 2021/22 Measure A CIP 30 ATTACHMENT 1 31 32 33 34 35 36 37 38 39 40 41 42 43 44 ATTACHMENT 2 45 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM Agency: City of Beaumont Prepared by: Carolina Fernandez Phone #: 951.769.8520 FY 2015-16 Audited Measure A Balance:-$ Date: 8/31/2017 FY 2016-17 Measure A Revenue:- FY 2016-17 Project Status report expenses:- Estimated Prior Year Measure A Balance:-$ Estimated FY 2017-2018 Measure A Allocation:*577,000$ Estimated Measure A Available for FY 2017-2018 Projects:577,000$ Item No.Project Name / Limits Project Type Total Cost Measure A Funds 17-1 6th Street Rehabilitation and Beautification from Beaumont Avenue to Highland Springs Avenue. (No. 2017-010) Street Rehab and Beautification $ 400,000 $ 200,000 17-2 Beaumont Ave/I-10 Interchange Beautificationfrom 6th Street to railroad crossing, south of I-10 (No. 2017-011) Street Rehab and Beautification 400,000 200,000 17-3 Annual Citywide Slurry Seal FY17-18 (No. 2017-017)Citywide slurry seal 1,000,000 100,000 17-4 Annual Citywide Street Rehab FY17-18 (No. 2017-030)Street Rehab 225,000 77,000 TOTALS 577,000$ *Reflects eight (8) months of FY18 allocation estimate of $866,000. FY 2017 - 2018 FY 2017-18 Page 1 of 5 ATTACHMENT 3 46 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM Agency: City of Beaumont Prepared by: Carolina Fernandez Phone #: 951.769.8520 Date: 8/31/2017 Estimated Prior Year Measure A Balance:-$ Estimated FY 2018 - 2019 Measure A Allocation:883,000 Estimated Measure A Available for FY 2018 - 2019 Projects:883,000$ Item No.Project Name / Limits Project Type Total Cost Measure A Funds 18-1 Annual Citywide Slurry Seal FY18- 19 (No. 2018-001)Citywide slurry seal $ 1,000,000 $ 325,000 18-2 Annual Citywide Street Rehab Project FY18-19 (No. 2018-003)Street Rehab 800,000 300,000 18-3 Beaumont Avenue Reconstruction Project from 4th Street to Brookside (No. 2018-004) Street Rehab & Beautification 1,400,000 225,000 TOTALS 850,000$ FY 2018 - 2019 FY 2018-19 Page 2 of 5 47 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM Agency: City of Beaumont Prepared by: Carolina Fernandez Phone #: 951.769.8520 Date: 8/31/2017 Estimated Prior Year Measure A Balance:33,000$ Estimated FY 2019-2020 Measure A Allocation:909,000 Estimated Measure A Available for FY 2019-2020 Projects:942,000$ Item No.Project Name / Limits Project Type Total Cost Measure A Funds 19-1 Annual Citywide Slurry Seal FY19- 20 (No. 2019-001)Citywide slurry seal $ 1,000,000 $ 400,000 19-2 Annual Citywide Street Rehab FY19- 20 (No. 2019-002)Street Rehab 800,000 500,000 TOTALS 900,000$ FY 2019 - 2020 FY 2019-20 Page 3 of 5 48 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM Agency: City of Beaumont Prepared by: Carolina Fernandez Phone #: 951.769.8520 Date: 8/31/2017 Estimated Prior Year Measure A Balance:42,000$ Estimated FY 2020-2021 Measure A Allocation:936,000 Estimated Measure A Available for FY 2020-2021 Projects:978,000$ Item No.Project Name / Limits Project Type Total Cost Measure A Funds 20-1 Annual Citywide Slurry Seal FY20- 21 (No. 2020-001)Citywide slurry seal $ 1,000,000 $ 400,000 20-2 Annual Citywide Street Rehab FY20- 21 (No. 2020-002) Street Rehab 800,000 500,000 TOTALS 900,000$ FY 2020 - 2021 FY 2020-21 Page 4 of 5 49 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM Agency: City of Beaumont Prepared by: Carolina Fernandez Phone #: 951.769.8520 Date: 8/31/2017 Estimated Prior Year Measure A Balance:78,000$ Estimated FY 2021-2022 Measure A Allocation:964,000 Estimated Measure A Available for FY 2021-2022 Projects:1,042,000$ Item No.Project Name / Limits Project Type Total Cost Measure A Funds 21-1 Annual Citywide Slurry Seal FY21- 22 (2021-001)Citywide slurry seal $ 1,000,000 $ 500,000 21-2 Annual Citywide Street Rehab FY21- 22 (No. 2021-001)Street Rehab 800,000 400,000 TOTALS 900,000$ FY 2021 - 2022 FY 2021-22 Page 5 of 5 50 AGENDA ITEM 10 Agenda Item 10 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: October 23, 2017 TO: Budget and Implementation Committee FROM: Shirley Medina, Planning and Programming Director THROUGH: John Standiford, Deputy Executive Director SUBJECT: SB 132 Agreements for Limonite Interchange and Jurupa Avenue Grade Separation Projects STAFF RECOMMENDATION: This item is for the Committee to: 1) Approve the following agreements for projects that received an allocation of SB 132 funds: a) Agreement No. 18-62-059-00 with Riverside County (County) and the cities of Eastvale and Jurupa Valley for the Interstate 15/Limonite Avenue Interchange Improvement (I-15 Limonite Interchange) project; and b) Agreement No. 18-62-058-00 with the County and the city of Jurupa Valley (Jurupa Valley) for the Jurupa Avenue Road Grade Separation project; 2) Authorize the Executive Director, pursuant to legal counsel review, to execute the agreements and any future amendments considered minor, with the exception of changes to funding; and 3) Forward to the Commission for final action. BACKGROUND INFORMATION: SB 132 was passed by the state Legislature and signed by the Governor on April 28, 2017 as part of the budget trailer bill. SB 132 created the Riverside County Transportation Efficiency Corridor and allocates $427,172,000 for five projects in Western Riverside County. These projects and funding amounts are specifically called out in the bill as follows: Project Description Amount 91 Toll Connector to Interstate 15 $ 180,000,000 Interstate 15/Limonite Interchange 48,000,000 McKinley Grade Separation 84,450,000 Hamner Bridge Widening 6,322,000 Jurupa Road Grade Separation 108,400,000 Total $ 427,172,000 51 Agenda Item 10 The SB 132 funds are to be administered by the Commission. Invoices for work on these local agency projects will be submitted by the County to the Commission for review and approval, and the Commission will then submit invoices to Caltrans Division of Local Assistance for payment. Upon receipt of payment from the state, the Commission will reimburse the County. Each project agreement will include language reflecting SB 132 funding reimbursements. The first two agreements presented for approval are the I-15 Limonite Interchange and the Jurupa Avenue Road Grade Separation projects, which includes language that designates the County as the lead agency and describes the roles and responsibilities of the parties to the agreements. Staff recommends authorization for the Executive Director, pursuant to legal counsel review to execute the agreements and any future amendments considered minor except for funding changes. I-15 Limonite Interchange In 2013, the County, Jurupa Valley, and the city of Eastvale entered into an agreement for the I-15 Limonite Interchange project for the environmental, design, and right of way phases. Staff recommends approval of an amendment to this agreement to include the Commission as a party to the agreement for the administration of SB 132 funds and to designate the County as lead agency for the construction phase, update costs, and reference SB 132 and associated funding, including project delivery and expenditure deadlines. Jurupa Avenue Road Grade Separation Staff recommends approval of the agreement for the Jurupa Avenue Road Grade Separation project designating the County as the lead agency to perform right of way activities and construction of the project. Jurupa Valley and the Commission are also signatories to the agreement as the project is within the city of Jurupa Valley and references the Commission as party to the agreement for the administration of SB 132 funds. SB 132 requires all funds appropriated to the projects are encumbered and liquidated by June 30, 2023. The local agency costs and related SB 132 funds will pass through the Commission; however, the costs are limited to the SB 132 funds available for each project. These agreements do not commit the Commission to funding the projects above the allocated amounts cited in SB 132. 52 Agenda Item 10 Financial Information In Fiscal Year Budget: N/A Year: FY 2018/19+ Amount: $156,400,000 Source of Funds: SB 132 Funds Budget Adjustment: N/A GL/Project Accounting No.: 00XXXX 415 4150X 605 31 41501 $48,000,000 SB 132 revenues 00XXXX 415 4150X 605 31 41501 $108,400,000 SB 132 revenues 00XXXX 81301 605 31 81301 $48,000,000 Construction 00XXXX 81301 605 31 81301 $108,400,000 Construction Fiscal Procedures Approved: Date: 10/16/2017 Attachments: 1) Draft Agreement No. 18-62-059-00 (I-15 Limonite Interchange) 2) Draft Agreement No. 18-62-058-00 (Jurupa Avenue Road Grade Separation) 53 Limonite Avenue/I-15 Cooperative Agreement 1 AMENDMENT 11 COOPERATIVE AGREEMENT BY AND BETWEEN2 RIVERSIDE COUNTY AND3 RIVERSIDE COUNTY TRANSPORTATION COMMISSION AND4 CITY OF JURUPA VALLEY AND CITY OF EASTVALE5 FOR6 LIMONITE AVENUE/INTERSTATE 15 INTERCHANGE IMPROVEMENTS7 8 This Amendment 1 (hereinafter “Amendment”) to a Cooperative Agreement (“Agreement”) is entered into this 9 _______ day of _____________, 2017, by and between the County of Riverside, a political subdivision of the State10 of California, (hereinafter "COUNTY"), Riverside County Transportation Commission (hereinafter “COMMISSION”), 11 the City of Jurupa Valley, a municipal corporation (hereinafter “JURUPA VALLEY”), and the City of Eastvale, a12 municipal corporation (hereinafter “EASTVALE”), for the provision of certain activities related to construction of the13 Interchange overcrossing and ramp improvements located at the interchange of Limonite Avenue and Interstate 1514 (“I-15 Interchange” or “Interchange”), (herein after “PROJECT”), currently located within the jurisdictional 15 boundaries of JURUPA VALLEY and EASTVALE.16 17 RECITALS18 A. On January 29, 2013, the COUNTY, JURUPA VALLEY and EASTVALE entered into an agreement entitled19 “Cooperative Agreement By and Between Riverside County and City of Jurupa Valley and City of Eastvale for20 Limonite Avenue/Interstate 15 Interchange Improvements.” The Agreement provides the terms and conditions, 21 scope of work, and budget for completing the overall development of the Environmental, Design and Right-of-22 Way acquisition phases of the PROJECT23 B. The COUNTY, JURUPA VALLEY, and EASTVALE now desire to amend the Agreement to designate the24 COUNTY as lead agency for the overall development and implementation of the Bidding and Construction25 phases of the PROJECT. The COUNTY has extensive experience in the development and implementation of26 interchange projects involving Federal and State agencies. Keeping the COUNTY as the lead will facilitate27 continuity in the development and implementation of the PROJECT. The COUNTY will therefore provide the28 54 ATTACHMENT 1 Limonite Avenue/I-15 Cooperative Agreement 2 administrative, technical, managerial and support services necessary to complete the construction of the 1 PROJECT. 2 C. The COUNTY, JURUPA VALLEY and EASTVALE desire to amend the Agreement to include and to define the 3 terms and conditions under which said Project is to be administered, engineered, coordinated, managed, 4 constructed, maintained, and financed. 5 D. The COUNTY, JURUPA VALLEY and EASTVALE desire to also amend Exhibit “C” to reflect the change to 6 Project costs and funding, a copy of which is amended herein and attached hereto as Exhibit “C-1”. 7 E. On April 3, 2017, the California Senate passed Senate Bill Number 1 (hereinafter “SB-1”) which created a Road 8 Maintenance and Rehabilitation Funding Program to address deferred maintenance on the state highway 9 system and the local street and road system. 10 F. On April 6, 2017, the California Senate amended Senate Bill Number 132 (hereinafter “SB -132”) which added 11 appropriation to the budget bill to provide $427,172,000 for the Riverside County Transportation Efficiency 12 Corridor. 13 G. SB-132 includes provisions for providing funding in the amount of $48,000,000 to reconstruct the existing 14 interchange at Limonite Avenue/Interstate 15 (I-15) (Vicinity Map attached). SB-132 funds for the Limonite 15 Avenue/I-15 Interchange Project will be distributed through the COMMISSION. 16 H. SB-132 funding requirements include a stipulation that all funds appropriated for the PROJECT must be 17 encumbered and liquidated by June 30, 2023. 18 I. SB-132 funds for the PROJECT will be distributed through the COMMISSION. 19 J. The COUNTY, JURUPA VALLEY and EASTVALE desire to amend the Agreement to include the 20 COMMISSION as party to this Agreement for the administration of SB 132 funds. 21 22 AGREEMENT 23 NOW THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as follows: 24 25 1. SECTION 1, the following paragraphs are added: 26 9. To advertise, award and administer a public works contract for the construction of the PROJECT in 27 accordance with the Local Agency Public Construction Act, the California Labor Code, STATE requirements 28 55 Limonite Avenue/I-15 Cooperative Agreement 3 and in accordance with the encroachment permits to be issued by STATE, JURUPA VALLEY and EASTVALE. 1 10. Nothing in this Agreement is intended to commit the COUNTY to funding any portion of the PROJECT 2 beyond the funds available as shown in Exhibit “C-1”, as amended herein and attached hereto and incorporated 3 by this reference, or shall be construed as obligating the COUNTY to provide replacement funding for any 4 anticipated funding or to continue with the PROJECT, if funds are no longer available. 5 11. To cause the COUNTY's contractor to maintain in force, until completion and acceptance of the PROJECT 6 construction contract, a policy of Contractual Liability Insurance, including coverage of Bodily Injury Liability and 7 Property Damage Liability, in the amount of $2,000,000 minimum single limit coverage, and a policy of 8 Automobile Liability Insurance in the amount of $1,000,000 minimum. Endorsements to each policy shall be 9 required which name both JURUPA VALLEY and EASTVALE, and both of their officers, agents and employees 10 as additionally insured. The COUNTY shall also require the COUNTY's contractor to maintain Worker's 11 Compensation Insurance. 12 12. To reimburse the cities of JURUPA VALLEY and EASTVALE for oversight costs incurred during construction 13 in an amount each not to exceed $50,000 as shown in Exhibit “C-1”. 14 13. To reimburse JURUPA VALLEY and EASTVALE for Project construction oversight within 45 calendar days 15 of receipt of invoices for monthly billings, and to continue making such payments on a monthly basis until 16 completion of construction of the PROJECT , not to exceed the available funding identified in Exhibit “C-1”. 17 However, nothing in this Agreement is intended to commit COUNTY to pay or reimburse any costs that are not 18 within the amounts listed on Exhibit “C-1.” 19 14. To invoice COMMISSION on a monthly basis for reimbursement of PROJECT costs from SB-132 funds 20 allocated by STATE and being administered by the COMMISSION. COUNTY shall provide a statement of work 21 completed by the COUNTY contractor, as well as other supporting documentation as may be requested by 22 COMMISSION for payment of funds to COUNTY. 23 15. All services are dependent on continued availability of Mira Loma RBBD and SB 132 funding to complete 24 each phase of the PROJECT. COUNTY, CITIES and COMMISSION agree to work together to identify 25 additional funds not shown in Exhibit C-1 from other sources prior in completing each task of PROJECT, or 26 reductions in scope (with CALTRANS acceptance), if needed. 27 16. COUNTY has Mira Loma RBBD deposits totaling $18,400,000 that have not been released to each City, 28 56 Limonite Avenue/I-15 Cooperative Agreement 4 These monies shall be used to fund PROJECT until said funds are exhausted. 1 2 2. SECTION 1A, is added as follows: 3 COMMISSION AGREES: 4 1. To reimburse COUNTY, pursuant to COUNTY invoices, for PROJECT costs out of SB 132 funds 5 made available for PROJECT. 6 2. COMMISSION shall submit invoices to STATE, and provide payment to COUNTY pursuant to 7 COUNTY invoices within 30 days of receipt of COMMISSION payment from STATE. 8 3. COMMISSION is not responsible or liable for providing any funding for PROJECT other than those 9 funds made available pursuant to SB 132. 10 11 3. SECTION 2, the following paragraphs are added: 12 4. The estimated costs for the project are provided in Exhibit “C”. JURUPA VALLEY agrees should unforeseen 13 circumstances arise which result in an increase of any costs over those shown in Exhibit “C-1”, JURUPA 14 VALLEY will in good faith amend this Agreement to include any such costs under this Agreement. JURUPA 15 VALLEY has been an active participant in the progression of the PROJECT, including reviewing PROJECT 16 documents and participating in periodic PROJECT meetings. As such, JURUPA VALLEY will continue to review 17 and provide input on the PROJECT documents and provide consent as it relates to the construction costs prior 18 to COUNTY advertising the call for bids for the construction of the PROJECT and prior to the award of the 19 construction contract and the construction management contract (the “Contracts”). Should the City decide to 20 provide the required consent, such a decision shall be given within fourteen (14) business days, or within a 21 reasonable amount of time as warranted for the circumstances, of JURUPA VALLEY’s receipt of the Contracts 22 from COUNTY proposed to be awarded by the COUNTY. Notwithstanding any of the foregoing, for efficiency 23 and managing the PROJECT (including management of the costs), JURUPA VALLEY acknowledges that 24 COUNTY remains the single point of contact for any contractors or consultants hired to design, implement and 25 construct the PROJECT. 26 5. To issue, at no cost to COUNTY or its consultants and contractors, upon proper application by the COUNTY 27 or COUNTY‘s consultants or contractors, an encroachment permit authorizing entry onto JURUPA VALLEY's 28 57 Limonite Avenue/I-15 Cooperative Agreement 5 right-of-way to perform construction, survey and other investigative activities required for Construction of the 1 PROJECT. 2 6. To provide a construction oversight representative to coordinate and assist the COUNTY's Resident Engineer 3 during the construction of the PROJECT, and to verify facilities are constructed as required by this Agreement 4 at a cost not to exceed $50,000 as shown in Exhibit “C-1”. 5 7. JURUPA VALLEY will bill COUNTY monthly for services related to the oversight and coordination of 6 PROJECT. 7 8 4. SECTION 3, the following paragraphs are added: 9 4. The estimated costs for the project are provided in Exhibit “C -1”. EASTVALE agrees should unforeseen 10 circumstances arise which result in an increase of any costs over those shown in Exhibit “C -1”, EASTVALE will 11 in good faith amend this Agreement to include any such costs under this Agreement. ” EASTVALE has been 12 an active participant in the progression of the PROJECT, including reviewing PROJECT documents and 13 participating in periodic PROJECT meetings. As such, EASTVALE will continue to review and provide input on 14 the PROJECT documents and provide consent as it relates to the construction costs prior to COUNTY 15 advertising the call for bids for the construction of the PROJECT and prior to the award of the construction 16 contract and the construction management contract (the “Contracts”). Should the City decide to provide the 17 required consent, such a decision shall be given within fourteen (14) business days, or within a reasonable 18 amount of time as warranted for the circumstances, of EASTVALE’S receipt of the Contracts from COUNTY 19 proposed to be awarded by the COUNTY. Notwithstanding any of the foregoing, for efficiency and managing 20 the PROJECT (including management of the costs), EASTVALE acknowledges that COUNTY remains the 21 single point of contact for any contractors or consultants hired to design, implement and construct the 22 PROJECT. 23 5. To issue, at no cost to COUNTY or its consultants and contractors, upon proper application by the COUNTY 24 or COUNTY‘s consultants or contractors, an encroachment permit authorizing entry onto EASTVALE 's right-25 of-way to perform construction, survey and other investigative activities required for Construction of the 26 PROJECT. 27 6. To provide a construction oversight representative to coordinate and assist the COUNTY's Resident Engineer 28 58 Limonite Avenue/I-15 Cooperative Agreement 6 during the construction of the PROJECT and to verify facilities are constructed as required by this Agreement 1 at a cost not to exceed $50,000 as shown in Exhibit “C-1”. 2 7. EASTVALE will bill COUNTY monthly for services related to the oversight and coordination of PROJECT. 3 4 5. SECTION 4, the following paragraphs are amended by replacing them as follows: 5 1. The recitals set forth at the beginning of the Agreement and this Amendment are incorporated herein by this 6 reference. 7 2. The total cost to complete the PROJECT including project administration, management, design completion 8 and approval, right-of-way, environmental, construction, utilities and construction is estimated to be 9 $66,400,000. 10 8. Neither JURUPA VALLEY, EASTVALE or COMMISSION nor any officer or employee thereof shall be 11 responsible for any damage or liability occurring by reason of anything done or omitted to be done by COUNTY 12 under or in connection with any work , authority or jurisdiction delegated to COUNTY under this AGREEMENT. 13 It is further agreed that pursuant to Government Code Section 895.4, COUNTY shall fully indemnify and hold 14 JURUPA VALLEY, EASTVALE and COMMISSION harmless from any liability imposed for injury (as defined 15 by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by COUNTY 16 under or in connection with any work, authority or jurisdiction delegated to COUNTY under this AGREEMENT. 17 9. Neither the COUNTY nor any officer or employee thereof shall be responsible for any damage or liability 18 occurring by reason of anything done or omitted to be done by JURUPA VALLEY, EASTVALE or COMMISSION 19 under or in connection with any work, authority or jurisdiction delegated to JURUPA VALLEY, EASTVALE or 20 COMMISSION under this AGREEMENT. It is further agreed that pursuant to Government Code Section 895.4, 21 COMMISSION shall fully indemnify and hold COUNTY harmless from any liability imposed for injury (as defined 22 by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by JURUPA 23 VALLEY, EASTVALE or COMMISSION under or in connection with any work, authority or jurisdiction delegated 24 to JURUPA VALLEY, EASTVALE or COMMISSION under this AGREEMENT. 25 16. All notices permitted or required under this Agreement shall be deemed made when delivered to the 26 applicable party's representative as provided in this Agreement. Such notices shall be mailed or otherwise 27 delivered to the addresses set forth below, or at such other address as the respective parties may provide in 28 59 Limonite Avenue/I-15 Cooperative Agreement 7 writing for this purpose: 1 COUNTY JURUPA VALLEY 2 Director of Transportation City Manager 3 County of Riverside • Transportation Department City of JURUPA VALLEY 4 4080 Lemon Street, 8th Floor 8930 Limonite Avenue 5 Riverside, CA 92502 Jurupa Valley, CA 92509 6 7 EASTVALE COMMISSION 8 City Manager Executive Director 9 City of EASTVALE Riverside County Transportation Commission 10 12363 Limonite Avenue, Suite 910 4080 Lemon Street, 3rd Floor 11 Eastvale, CA 91752 Riverside, CA 92502 12 13 6. SECTION 4, the following paragraphs are added: 14 17. In light of the fact that this Agreement has been amended, any references to this Agreement found in this 15 Agreement shall be interpreted to refer to the Agreement as amended. Similarly, any reference to Exhibit “C” 16 within this Agreement shall refer to the amended Exhibit “C-1,” which is attached to this Amendment. The 17 budget is expected to cover the right of way costs. Any cost overruns will be addressed according to Section 18 4, item 21. 19 18. COUNTY has included a 10 percent contingency for any unforeseen conditions included as part of 20 construction costs identified in Exhibit C-1. 21 19. COMMISSION shall reimburse COUNTY for PROJECT related expenses as allowed under regulations 22 established for SB-132 funding. 23 20. COUNTY, JURUPA VALLEY, EASTVALE and COMMISSION shall retain or cause to be retained for audit 24 for a period of three (3) years from the date of final payment, all records and accounts relating to PROJECT. 25 21. COUNTY, JURUPA VALLEY, and EASTVALE acknowledge and agree that any funding shortfall for 26 completing right of way tasks and/or construction tasks will be the sole responsibility of each party for completing 27 tasks within jurisdictional boundaries. In the event adequate funds are not available, COUNTY, CITIES AND 28 60 Limonite Avenue/I-15 Cooperative Agreement 8 COMMISSION agree to meet and confer and collectively work to identify adequate funding or reductions in 1 scope (with CALTRANS acceptance), for the PROJECT. 2 22. The construction contract will contain separate supplemental items for landscaping features within JURUPA 3 VALLEY and EASTVALE, in order to, allow flexibility of implementation without incurring additional contract 4 costs. EASTVALE and JURUPA VALLEY will be responsible for funding landscape improvements, if requested, 5 within each jurisdictional boundary. If bids received are $36 million or less, funds may be allocated for 6 landscaping on both sides. EASTVALE and JURUPA VALLEY understand that landscape improvements will 7 be the responsibility of each City to maintain and will require a Caltrans Landscape Maintenance Agreement to 8 be executed prior to the installation of landscape improvements within each jurisdiction. If bids exceed the 9 engineers estimate, each City agrees that all available funds will be used first for construction of the interchange 10 and each City will be responsible for funding landscape improvements within their jurisdictional boundaries. 11 12 IN WITNESS HEREOF, the parties hereto have caused this Amendment to the Agreement to be duly executed this day and year first written above. 61 APPROVALS (1/2) COUNTY Approvals RECOMMENDED FOR APPROVAL: ______________________ Dated: ________ PATRICIA ROMO Director of Transportation APPROVED AS TO FORM: ______________________ Dated: ________ GREGORY P. PRIAMOS County Counsel APPROVAL BY THE BOARD OF SUPERVISORS _____________________ Dated: ________ PRINTED NAME Chairman, Riverside County Board of Supervisors ATTEST: ______________________ Dated: ________ KECIA HARPER-IHEM Clerk of the Board of Supervisors (SEAL) CITY OF EASTVALE Approvals APPROVED BY: _____________________ Dated: _______ PRINTED NAME CITY MANAGER CITY OF JURUPA VALLEY Approvals APPROVED BY: _____________________ Dated: _______ VERN LAURITZEN Mayor ATTEST: _____________________ Dated: _______ VICTORIA WASKO, CMC City Clerk _____________________ Dated: _______ PETER M. THORSON City Attorney 62 APPROVALS (2/2) COMMISSION Approvals _____________________ Dated: _______ PRINTED NAME TITLE ATTEST: _____________________ Dated: _______ PRINTED NAME TITLE 63 VICINITY MAP 64 PROJECT IMPROVEMENTS 65 EXHIBIT C-1 ESTIMATED PROJECT COSTS AND FUNDING SUMMARY ESTIMATED PROJECT COSTS TASK Cost to Date Estimated cost to Complete Total Environmental/Design $ 4,447,000 $ 1,021,000 $ 5,468,000 Right-of-way* $ 3,400,000 $ 9,022,000 $ 12,422,000 Construction (includes utilities, contingency & city oversight) $ 10,000 $ 48,500,000 $ 48,510,000 TOTAL $ 7,857,000 $ 58,543,000 $ 66,400,000 *A portion of this cost estimate includes legal costs and fees incurred in connection with property acquisition. FUNDING – SUMMARY Project Phase Source Fund Amount Total Environmental/Design Mira Loma RBBD $ 5,468,000 $ 5,468,000 R/W Mira Loma RBBD $ 12,422,000 $ 12,422,000 City of Eastvale Oversight Mira Loma RBBD $ 50,000 $50,000 City of Jurupa Valley Oversight Mira Loma RBBD $50,000 $50,000 Construction Mira Loma RBBD $ 410,000 $ 48,410,000 SB 132 $ 48,000,000 66 67ATTACHMENT 2 68 69 70 71 72 73 74 75 AGENDA ITEM 11 Agenda Item 11 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: October 23, 2017 TO: Budget and Implementation Committee FROM: Shirley Medina, Planning and Programming Director THROUGH: John Standiford, Deputy Executive Director SUBJECT: State of California Department of Transportation Master Agreement Administering Agency-State Agreement for Federal-Aid Projects STAFF RECOMMENDATION: This item is for the Committee to: 1) Approve Master Administering Agency-State Agreement (Master Agreement) No. 18-31-066-00 for Federal-Aid Projects between the Commission and the State of California Department of Transportation (Caltrans); 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; and 3) Forward to the Commission for final action. BACKGROUND INFORMATION: The Commission receives and programs federal-aid highway funds to implement Measure A projects and programs as well as other high priority projects. Caltrans, as an agent of the Federal Highway Administration, is requiring agencies to enter into new master agreements to formally acknowledge the roles and responsibilities for compliance with the current federal highway funding authorization, Fixing America’s Surface Transportation Act, also known as FAST Act. The master agreement includes language the Commission agrees to adhere to the federal funding program regulations, policies and procedures required for the use of federal-aid funding. All local agencies receiving federal funds must have master agreements in place prior to obligating projects programmed with federal funds. Caltrans is requesting the Commission approve the updated master agreement by the end of this year. Therefore, staff recommends approval of the master agreement and authorization for the Chair to execute the agreement, pursuant to legal counsel review. There is no fiscal impact; however, the master agreement allows the Commission to continue with current budgeted projects that will be obligated with federal funds. Attachment: Master Agreement No. 18-31-066-00 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103