HomeMy Public PortalAbout10 October 23, 2017 Budget & ImplementationComments are welcomed by the Commission. If you wish to provide comments to the Commission,
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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
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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.
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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.
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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.
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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.
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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
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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
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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
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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
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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
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ATTACHMENT 1
Limonite Avenue/I-15 Cooperative Agreement
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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
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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
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Limonite Avenue/I-15 Cooperative Agreement
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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
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Limonite Avenue/I-15 Cooperative Agreement
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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
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Limonite Avenue/I-15 Cooperative Agreement
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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
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Limonite Avenue/I-15 Cooperative Agreement
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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
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Limonite Avenue/I-15 Cooperative Agreement
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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
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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.
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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
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APPROVALS (2/2)
COMMISSION Approvals
_____________________ Dated: _______
PRINTED NAME
TITLE
ATTEST:
_____________________ Dated: _______
PRINTED NAME
TITLE
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VICINITY MAP
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PROJECT IMPROVEMENTS
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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
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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
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