HomeMy Public PortalAbout09 September 24, 2012 Western Riverside County Programs and ProjectsTIME:
DATE:
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE
MEETING AGENDA
1:30 p.m.
Monday, September 24, 2012
LOCATION: BOARD ROOM
County of Riverside Administrative Center
4080 Lemon Street, First Floor, Riverside
~ COMMITTEE MEMBERS ..qj
Adam Rush, Chair I Ike Bootsma, City of Eastvale
Andrew Kotyuk, Vice Chair I Scott Miller, City of San Jacinto
Bob Botts I Don Robinson, City of Banning
Karen Spiegel I Eugene Montanez, City of Corona
Frank Johnston I Micheal Goodland, City of Jurupa Valley
Darcy Kuenzi I Wallace Edgerton, City of Menifee
Marcelo Co I Richard Stewart, City of Moreno Valley
Berwin Hanna I Kathy Azevedo, City of Norco
Daryl Busch I AI Landers, City of Perris
Ben Benoit I Timothy Walker, City of Wildomar
Bob Buster, County of Riverside, District I
Marion Ashley, County of Riverside, District V
~STAFF ..qj
Anne Mayer, Executive Director
John Standiford, Deputy Executive Director
~ AREAS OF RESPONSIBILITY ..qj
Air Quality, Capital Projects,
Communications and Outreach Programs,
lntermodal Programs,
Motorist Services, New Corridors,
Regional Agencies/Regional Planning,
Regional Transportation Improvement Program (RTIP),
Specific Transit Projects,
State Transportation Improvement Program (STIP),
Transportation Uniform Mitigation Fee (TUMF) Program, and
Provide Policy Direction on Transportation Programs and Projects
related to Western Riverside County and other
areas as may be prescribed by the Commission.
Comments are welcomed by the Committee. If you wish to provide comments to the Committee,
please complete and submit a Speaker Card to the Clerk of the Board.
Riverside (ounly Transportation Commission
TO: Riverside County Transportation Commission
FROM: Jennifer Harmon, Office and Board Services Manager
DATE: September 20, 2012
SUBJECT: Possible Conflicts of Interest Issues -Western Riverside County
Programs and Projects Committee Agenda of September 24, 2012
The September 24, 2012 agenda of the Western Riverside County Programs and
Projects Committee includes items which may raise possible conflicts of interest.
A RCTC 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 -Agreement for Station Janitorial Services
Consultant(s): Spotless Complete Services, Inc.
5255 Canyon Crest Drive, 71
Riverside, CA 92507
Manuel Lara, General Manager
~~~~~---~~~~~~~~-------
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS
COMMITTEE
ROLL CALL
SEPTEMBER 24, 2012
County of Riverside, District I
County of Riverside, District V
City of Banning
City of Corona
City of Eastvale
City of Jurupa Valley -
City of Menifee
City of Moreno Valley
City of Norco
City of Perris
City of San Jacinto
City of Wildomar
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Absent
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RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS SIGN-IN SHEET
SEPTEMBER 24, 2012
/ NAME /iJ AGEN,CY _ , E MAIL ADDRESS
1 j Vv""-
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS
COMMITTEE
www.rctc.org
AGENDA*
*Actions may be taken on any item listed on the agenda
1:30 p.m.
Monday, September 24, 2012
BOARDROOM
County 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 and Government Code Section
54954.2, if you need special assistance to participate in a Committee meeting, please contact
the Clerk of the Board at (951) 787-7141. Notification of at least 48 hours prior to meeting
time will assist staff in assuring that reasonable arrangements can be made to provide
accessibility at the meeting.
1 . CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
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.
Western Riverside County Programs and Projects Committee
September 24, 2012
Page 2
Under the Brown Act, the Board should not take action on or discuss matters
raised during public comment portion of the agenda which are not listed on the
agenda. Board members may refer such matters to staff for factual information
or to be placed on the subsequent agenda for consideration.
5. APPROVAL OF MINUTES-AUGUST 27, 2012
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. PROPOSITION 18 STATE-LOCAL PARTNERSHIP PROGRAM FORMULA FUNDS-
WESTERN COUNTY PROJECT PROGRAMMING STATUS AND NOMINATION
REQUEST FOR THE INTERSTATE 15/LOS ALAMOS INTERCHANGE
Page 1
Overview
This item is for the Committee to:
1) Approve programming up to $3.5 million of Proposition 1 B State-Local
Partnership Program (SLPP) formula funds for the Interstate 15/Los
Alamos interchange project in the city of Murrieta; and
2) Forward to the Commission for final action.
8. AGREEMENT FOR STATION JANITORIAL SERVICES
Page3
Overview
This item is for the Committee to:
1) Award Agreement No. 12-24-086-00 to Spotless Complete Services, Inc.
(Spotless) for station janitorial services for a three-year term, and two
one-year options to extend the agreement, in the amount of 458,283,
plus a contingency amount of $45,828, for a total amount not to exceed
$504,111;
2) Authorize the Chair or Executive Director, pursuant to legal counsel
review, to execute the agreement, including option years, on behalf of the
Commission;
3) Authorize the Executive Director, or designee, to execute task orders
awarded under the terms of the agreement; and
4) Forward to the Commission for final action.
Western Riverside County Programs and Projects Committee
September 24, 2012
Page 3
9. IOWA AVENUE AND RIVERSIDE AVENUE GRADE SEPARATION PROJECTS
Page 23
Overview
This item is for the Committee to:
1) Allocate $2,126,968 in federal Congestion Mitigation Air Quality (CMAQ)
funds to the city of Riverside (Riverside) in support of the Iowa Avenue
grade separation project;
2) Allocate $3,208,622 in Surface Transportation Program (STP) funds to
Riverside in support of the Riverside Avenue grade separation project; and
3) Forward to the Commission for final action.
10. COMMISSIONERS I 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.
11. ADJOURNMENT AND NEXT MEETING
The next Western Riverside County Programs and Projects Committee meeting is
scheduled to be held at 1:30 p.m., Monday, October 22, 2012, Board
Chambers, First Floor, County Administrative Center, 4080 Lemon Street,
Riverside.
AGENDA ITEM 5
MINUTES
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE
Monday, August 27, 2012
MINUTES
1 . CALL TO ORDER
The meeting of the Western Riverside County Programs and Projects
Committee was called to order by Chair Adam Rush at 1 :32 p.m.,
in the Board Room at the County of Riverside Administrative Center,
4080 Lemon Street, First Floor, Riverside, California, 92501.
2. PLEDGE OF ALLEGIANCE
At this time, Commissioner Frank Johnston led the Western Riverside County
Programs and Projects Committee in a flag salute.
3. ROLL CALL
Members/ Alternates Present
Marion Ashley
Ben Benoit
Bob Botts
Daryl Busch
Bob Buster*
Marcelo Co
Berwin Hanna
Frank Johnston
Darcy Kuenzi
Adam Rush
Karen Spiegel
Members Absent
Andrew Kotyuk
* Arrived after the meeting was called to order
4. PUBLIC COMMENTS
There were no requests to speak from the public.
RCTC WRC Programs and Projects Committee Minutes
August 27, 2012
Page 2
5. APPROVAL OF MINUTES-JUNE 25, 2012
M/S/C (Kuenzi/Spiegel) to approve the minutes as submitted.
6. ADDITIONS/REVISIONS
There were no additions or revisions to the agenda.
At this time, Commissioner Bob Buster arrived.
7. CITY OF SAN JACINTO TRANSPORTATION UNIFORM MITIGATION FEE
REGIONAL ARTERIAL PROGRAM-PROGRAMMING REQUEST
Shirley Medina, Programming and Planning Manager, presented the details of
the programming request from the city of San Jacinto.
M/S/C (Kuenzi/Botts) to:
1) Approve Agreement No. 13-72-023-00 with the city of San
Jacinto to program $4.5 million of 2009 Measure A Western
County Measure A Regional Arterial (MARA) funds and
$1 million of Transportation Uniform Mitigation Fee (TUMF)
funds for the city of San Jacinto Ramona Expressway
improvement project, Sanderson Avenue to Eagle Road
construction phase;
2) Authorize the Executive Director, pursuant to legal counsel
review, to execute the agreement on behalf of the Commission;
3) Approve budget adjustments to increase TUMF expenditures by
$2 million, TUMF transfers in by $1 million, and MARA
transfers out by $1 million; and
4) Forward to the Commission for final action.
8. PERRIS VALLEY LINE COMMUTER RAIL EXTENSION PROJECT -APPROVAL
OF PRE-QUALIFICATION CRITERIA FOR GENERAL AND SPECIALTY
CONTRACTS
Edda Rosso, Capital Projects Manager, presented the details of the
pre-qualification criteria for general and specialty contracts for the Perris Valley
Line (PVL) commuter rail extension project.
-------------------------------
RCTC WRC Programs and Projects Committee Minutes
August 27, 2012
Page 3
In response to Commissioner Kuenzi's question regarding the time frame for
construction, Edda Rosso stated the construction contract will be brought to
the Commission for action in December pending FTA approval.
Anne Mayer, Executive Director, noted the Commission is proceeding in this
process to gain all necessary approvals to move forward while simultaneously
managing the lawsuit. The lawsuit is not impacting the schedule of the project
at this point.
In response to Chair Rush's question, Edda Rosso stated the Commission has
not prequalified three subsets of contractors in the recent past for any project.
Anne Mayer added this type of pre-qualification is more the norm for a rail
project than a highway project.
M/S/C (Kuenzi/Spiegel) to:
1) Approve the Perris Valley Line (PVL) commuter rail extension
project pre-qualification criteria;
2) Adopt Resolution No. 12-015, "Resolution Of The Riverside
County Transportation Commission Approving Pre-Qualification
Criteria For The Perris Valley Line Commuter Rail Extension
Project"; and
3) Forward to the Commission for final action.
9. AGREEMENT WITH BECHTEL INFRASTRUCTURE CORPORATION FOR
PROGRAM MANAGEMENT SERVICES FOR PERRIS VALLEY LINE PROJECT
Edda Rosso presented
Infrastructure Corporation
project.
the scope of the agreement with Bechtel
for program management services for the PVL
M/S/C (Busch/Benoit) to:
1) Award Agreement No. 12-33-103-00 with Bechtel
Infrastructure Corporation (Bechtel) for program management
services for the Perris Valley Line (PVL) commuter rail extension
project in the amount of $2,327,146, plus a contingency of
$172,854, for a total amount not to exceed $2.5 million;
2) Authorize the Chair or Executive Director, pursuant to legal
counsel review, to execute the agreement on behalf of the
Commission;
RCTC WRC Programs and Projects Committee Minutes
August 27, 2012
Page 4
3) Authorize the Executive Director to approve contingency work
as may be required for the project; and
4) Forward to the Commission for final action.
10. AGREEMENT FOR lEGAl SERVICES FOR THE PERRIS VAllEY liNE
PROJECT
Edda Rosso presented the scope of the agreement with Best Best & Krieger
for legal services for the PVl project.
M/S/C (Johnston/Hanna) to:
1) Award Agreement No. 12-33-115-00 with Best Best & Krieger
llP (BB&K) for legal services on the Perris Valley line (PVl)
commuter rail extension project for a five-year term, and two
one-year options to extend the agreement, in an amount not to
exceed $4 75,000;
2) Authorize the Chair or Executive Director, pursuant to legal
counsel review, to execute the agreement, including option
years, on behalf of the Commission; and
3) Forward to the Commission for final action.
11 . AGREEMENT WITH PERRIS ElEMENTARY SCHOOl DISTRICT FOR
AllOCATION OF FUNDS FOR THE DISTRICT'S DESIGN AND
CONSTRUCTION OF A WAll
Edda Rosso presented the background and scope of the agreement with Perris
Elementary School District for allocation of funds for the district's design and
construction of a wall at Nan Sanders Elementary School.
Commissioners Bob Botts and Karen Spiegel expressed concern for the
Commission funding a wall that is not required.
Anne Mayer responded there will be 1 2 additional trains per day once PVl
service is initiated. While the wall is not for mitigation of noise or safety, staff
believes the wall is a good neighbor measure that is appropriate. The
Commission is trying to ensure this project meets the needs of the community.
Commissioner Daryl Busch also noted walls will be constructed at the two
other elementary schools, Highland and Hyatt, along the PVl in the city of
Riverside.
RCTC WRC Programs and Projects Committee Minutes
August 27, 2012
Page 5
Edda Rosso added the wall at Highland Elementary School is being built for
mitigation purposes.
Commissioner Marion Ashley expressed support for the Commission to fund
the wall at Nan Sanders Elementary School. He stated the wall will provide a
deterrent to children from entering the rail right of way compared to a chain
link fence, as well as reduce the distraction to children when trains pass
through.
M/S/C (Kuenzi/Benoit) to:
1) Approve Agreement No. 12-33-066-00 with Perris Elementary
School District (PESO) to:
a) Reimburse the PESO's design and construction of a wall
in the amount of $650,000, plus a contingency amount
of $1 00,000, for a total amount not to exceed
$750,000; and
b) Grant a license to PESO for the licensed property and the
PESO's maintenance and use of the property;
2) Authorize the Executive Director to approve use of the
contingency amount as may be required for the project;
3) Authorize the Chair or the Executive Director, pursuant to legal
counsel review, to execute the agreement on behalf of the
Commission; and
4) Forward to the Commission for final action.
At this time, Commissioners Ashley and Busch recused themselves from Agenda
Item 12.
12. STATUS OF THE CONSTRUCTION BID OPENING OF THE INTERSTATE 215
CENTRAL WIDENING FROM SCOTT ROAD TO NUEVO ROAD PROJECT, IN
THE CITY OF PERRIS
Lisa DaSilva, Capital Projects Manager, updated the Committee on the status
of the construction bid opening of the Interstate 21 5 Central widening project
from Scott Road to Nuevo Road, in the city of Perris.
13. LIST OF PRE-QUALIFIED FIRMS AND AGREEMENTS FOR ON-CALL STATION
REPAIR AND MAINTENANCE SERVICES
Patti Castillo, Capital Projects Manager, presented the details of the list of
pre-qualified firms and agreements for on-call station repair and maintenance
services.
RCTC WRC Programs and Projects Committee Minutes
August 27, 2012
Page 6
M/S/C (Busch/Johnston) to:
1) Award the following agreements to provide on-call station repair
and maintenance services for a three-year term, and two one-
year options to extend the agreements, in an amount not to
exceed an aggregate value of $1,250,000:
a) Agreement No. 12-24-085-00 with ProCell, Inc; and
b) Agreement No. 12-24-116-00 with Braughton
Construction, Inc;
2) Authorize the Executive Director, or designee, to execute task
orders awarded to the contractors under the terms of the
agreements;
3) Authorize the Chair or Executive Director, pursuant to legal
counsel review, to execute the agreements, including option
years, on behalf of the Commission; and
4) Forward to the Commission for final action.
14. AMENDMENT TO AGREEMENT WITH IVS SYSTEMS, INC.
Henry Nickel, Staff Analyst, presented the scope of the amendment to the
agreement with IVS Systems, Inc.
M/S/C (Hanna/Johnston) to:
1) Approve Agreement No. 10-24-111-01, Amendment No. 1 to
Agreement No. 10-24-111-00, with IVS Systems, Inc. (IVS) to
provide quarterly professional inspection and maintenance
services and on-call repair, consultation, and design services for
the closed circuit television (CCTV) commuter rail station
security systems required by the Commission:
a) for a total contract amount not to exceed $600,000; and
b) cancelling the three one-year options to extend the
agreement;
2) Authorize the Chair or Executive Director, pursuant to legal
counsel review, to execute the agreement on behalf of the
Commission; and
3) Forward to the Commission for final action.
RCTC WRC Programs and Projects Committee Minutes
August 27, 2012
Page 7
15. COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION FOR THE REIMBURSEMENT OF
CONSTRUCTION FREEWAY SERVICE PATROL COSTS
Jillian Edmiston, Staff Analyst, presented the scope of the cooperative
agreement with the State of California Department of Transportation for the
reimbursement of construction freeway service patrol costs.
Chair Rush asked how Caltrans established the $2.5 million figure if the
projects were undetermined.
Jillian Edmiston responded this is the amount previously used on blanket
agreements with Caltrans.
Anne Mayer added this provides more flexibility from the project specific FSP
service agreements for unanticipated FSP service needs.
M/S/C (Johnston/Ashley) to:
1) Approve Agreement No. 12-45-074-01, Amendment No. 1 to
Agreement 12-45-074-00, with the State of California
Department of Transportation (Caltrans) for Freeway Service
Patrol (FSP) in various construction areas in Riverside County
for a revised amount of $2.5 million;
2) Authorize the Chair or Executive Director, pursuant to legal
counsel review, to execute the agreement on behalf of the
Commission; and
3) Forward to the Commission for final action.
16. CITY OF JURUPA VALLEY /COUNTY OF RIVERSIDE -CLAY STREET GRADE
CROSSING
Tanya Love, Goods Movement Manager, presented an overview of the city of
Jurupa Valley/County of Riverside -Clay Street grade crossing.
M/S/C (Botts/Johnston) to:
1) Reallocate $1,171 ,490 in Local Transportation Fund (L TF)
funding from the Jurupa Road railroad grade separation project
(Jurupa Road Project) to the Clay Street railroad grade
separation project (Clay Street Project);
RCTC WRC Programs and Projects Committee Minutes
August 27, 2012
Page 8
2) Allocate $5,328,510 in Congestion Mitigation Air Quality funds
(CMAQ) to the city of Jurupa Valley (Jurupa Valley) for the Clay
Street Project;
3) Approve Agreement No. 08-33-013-02, Amendment No. 2 to
Agreement No. 08-33-013-00, with the county of Riverside
(County) for the deletion of the Jurupa Road Project from the
jump start project list and the replacement of it with the Clay
Street Project;
4) Authorize the Chair or Executive Director, pursuant to legal
counsel review, to execute the agreement on behalf of the
Commission;
5) Approve a budget adjustment to increase general fund
expenditures and transfers in and L TF transfers out each in the
amount of $4 71 ,490; and
6) Forward to the Commission for final action.
17. COMMISSIONERS I STAFF REPORT
17 A. Anne Mayer announced U.S. Secretary Ray LaHood will reallocate
unspent earmarked 2003-2006 appropriations transportation funds.
The funds must be obligated by December 31, 2012, or will be
forfeited to state highway projects. The Commission has five projects
on this list.
18. ADJOURNMENT AND NEXT MEETING
There being no further business for consideration by the Western Riverside
County Programs and Projects Committee, the meeting was adjourned at
2:23 p.m. The next meeting of the Western Riverside County Programs and
Projects Committee is scheduled for September 24, 2012, at 1 :30 p.m.
Respectfully submitted,
Jennifer Harmon
Clerk of the Board
AGENDA ITEM 7
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: September 24, 2012
TO: Western Riverside County Programs and Projects Committee
FROM: Shirley Medina, Programming and Planning Manager
THROUGH: Cathy Bechtel, Project Development Director
Proposition 1 B State-Local Partnership Program Formula Funds -
SUBJECT: Western County Project Programming Status and Nomination
Request for the Interstate 15/Los Alamos Interchange
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Approve programming up to $3.5 million of Proposition 1 B State-Local
Partnership Program (SLPP) formula funds for the Interstate 1 5/Los Alamos
interchange project in the city of Murrieta; and
2) Forward to the Commission for final action.
BACKGROUND INFORMA TJON:
At its March 2012 meeting, the Commission approved the following Western
County projects as candidates for SLPP formula funds:
• Foothill Parkway Extension -City of Corona
• State Route 91 Corridor Improvement Project (SR-91 CIP) -RCTC
• Perris Valley Line (PVL) -RCTC
• Interstate 21 5 Central widening from Scott Road to Nuevo Road -RCTC
Subsequently, the 1-21 5 Central widening project received Proposition 1 B Corridor
Mobility Improvement Account (CMIA) funds and was fully funded with CMIA and
State Transportation Improvement Program (STIP) funding. Additionally, staff
determined the PVL project would not require SLPP formula funds. The Foothill
Parkway extension project was submitted to the California Transportation
Commission (CTC) and approved for $7 million of SLPP formula funds programming
at the August CTC meeting. The SR-91 CIP will be submitted for programming
approximately $37 million of SLPP formula funds at the December 2012 CTC
meeting.
Agenda Item 7
1
At the July 2012 Commission meeting, six projects were nominated by the
Coachella Valley Association of Governments (CVAG) for a total of
$12,258,000 million. A summary of the SLPP project programming includes:
Total Available Programming
Approved Programming Projects:
6 Coachella Valley projects
Foothill Parkway Extension
SR-91 CIP
Total Approved Programming
Balance Available
$ 58.931 million
12.258 million
7.000 million
37.000 million
56.258 million
$ 2.673 million
The city of Murrieta has been working on the 1-1 5/Los Alamos interchange project.
The project is nearing construction, and the construction cost is estimated at
$9.9 million. The Commission's current commitment of Measure A Western
County Highway funding is $2.9 million. The city's committed funding totals
$3.5 million. This leaves a funding gap of $3.5 million. The city submitted an
application to the CTC for SLPP competitive funding of which a maximum of
$1 million can be provided from this funding category. Therefore, staff is
recommending approval of up to $3.5 million of SLPP formula funds to complete
the 1-1 5/Los Alamos interchange project. If the city is successful in receiving
competitive SLPP funding, the formula funds would be reduced to $2.5 million. If
the city is not successful, the additional $1 million needed can be met by reducing
the SR-91 CIP SLPP formula programming (from $37 million to $36 million). In
addition, if there are cost savings at award, the Commission's Measure A funding
shall be reduced first.
SLPP formula and competitive fund programs will expire on December 31, 2013.
The CTC has strict allocation deadlines in order to allocate and award these funds
prior to the December 31, 2013 deadline. The CTC will not allocate any SLPP
funds after its June 2013 meeting. Therefore, project allocation requests must be
submitted to Caltrans and the CTC by April 2013 to allow for the eight weeks
processing and review time needed for inclusion in the June 2013 CTC agenda.
There is no financial impact to the Commission, as these SLPP funds would not
flow directly through the Commission.
Agenda Item 7
2
AGENDA ITEM 8
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: September 24, 2012
TO: Western Riverside County Programs and Projects Committee
FROM: Patricia Castillo, Capital Projects Manager
THROUGH: Marlin Feenstra, Project Delivery Director
SUBJECT: Agreement for Station Janitorial Services
STAFF RECOMMENDA T/ON:
This item is for the Committee to:
1) Award Agreement No. 12-24-086-00 to Spotless Complete Services, Inc.
(Spotless) for station janitorial services for a three-year term, and two
one-year options to extend the agreement, in the amount of 458,283, plus a
contingency amount of $45,828, for a total amount not to exceed
$504,111;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review,
to execute the agreement, including option years, on behalf of the
Commission;
3) Authorize the Executive Director, or designee, to execute task orders
awarded under the terms of the agreement; and
4) Forward to the Commission for final action.
BACKGROUND INFORMATION:
The Commission owns and operates five commuter rail stations -Downtown
Riverside, La Sierra, North Main Corona, Pedley, and West Corona-and one transit
center located in Perris. Station cleaning and grounds maintenance services are an
important component in attracting the Metrolink rider as well as preserving and
maintaining the Commission's property investments.
In December 2007, the Commission approved the current contract for station
janitorial services with Spotless, which expires on December 1, 2012.
In anticipation of the expiration of the current janitorial contract, staff conducted a
procurement process for a new contract. The following tasks have been
completed:
Distribution of RFP
Pre-proposal Conference
Deadline for Proposal Submittal by 2:00 p.m.
Interviews of Short-listed Proposers
Agenda Item 8
3
May31,2012
June 7, 2012
June 28, 2012
August 30, 2012
Procurement Process
Staff received proposals from six firms -Goodwill Southern California, MSG
Cleaning Services, NOVA Commercial Co. Inc. (NOVA), Real Estate Consulting &
Services, Inc., Spotless, and Ultimate Maintenance Services, Inc. (Ultimate). All six
firms submitted responsive and responsible proposals.
The weighted factor method of source selection was determined by staff to be the
most appropriate for this procurement. This method allows the Commission to
identify the most advantageous proposal with price and technical factors
considered. Non-price technical factors used to evaluate the proposers under this
RFP include elements such as experience, qualifications, personnel, and the firms'
ability to respond to the requirements set forth under the terms of the RFP.
Utilizing the evaluation criteria set forth in the RFP, the six firms were evaluated
and scored by an evaluation committee comprised of Commission and Bechtel
staff.
Based on the evaluation committee's assessment of the written proposals, the
evaluation committee short-listed and invited three firms to the interview phase of
the evaluation and selection process.
Interviews of the short-listed firms -NOVA, Spotless, and Ultimate -were
conducted on August 30.
Based on the interviews, Spotless was ranked number one by the evaluation
committee and demonstrated a complete understanding of the required services
and had a detailed plan of approach.
Pursuant to the terms of the RFP, staff recommends an agreement be awarded to
Spotless, as that firm earned the highest total evaluation score under the evaluation
criteria of the RFP.
The recommended firm labor rates were competitively established and considered
fair and reasonable based upon adequate price competition and staff's evaluation of
historical costs paid by the Commission for the same or similar services. Staff is
confident that the recommended firm will provide the Commission with quality
service at the best possible price.
Agenda Item 8
4
I Financial Information I
In Fiscal Year Budget: I Yes I FY 2012/13 Amount: I $ 52,514
N/A Year: FY 2013/14 + $451,597
Source of Funds: I Local Transportation Fund funds Budget Adjustment: I No
244001 73317 00000 0000 103 24 73301
244002 73317 00000 0000 103 24 73301
GL/Project Accounting No.: 244003 73317 00000 0000 103 24 73301
244004 73317 00000 0000 103 24 73301
244006 73317 00000 0000 103 24 73301
244010 73317 00000 0000 103 24 73301
Fiscal Procedures Approved: ~~ I Date: I 09/17/2012
Attachment: Standard Professional Services Agreement
Agenda Item 8
5
Agreement No. 12-24-086-00
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AGREEMENT FOR STATION JANITORIAL SERVICES
WITH SPOTLESS COMPLETE SERVICES, INC.
1. PARTIES AND DATE.
This Agreement is made and entered into this_ day of , 2012, by
and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("the Co-
mmission") and SPOTLESS COMPLETE SERVICES, INC ("Consultant").
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 janitorial 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 Commuter Rail Station Janitorial Services 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 December 1, 2015, unless earlier terminated as provided herein. Consultant shall
complete the Services within the term of this Agreement and shall meet any other
established schedules and deadlines.
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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 tbe Services subject to the requirements of
this Agreement Commission retains Consult~nt on an independent contractor basis and
Consultant is not an employee of Commi.~sion. 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 andshall 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 perfonnance 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, aridworkers' 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 ofthis Agreement are as follows: _______________ _
3.7 Commission's Representative. Commission hereby designates the
Executive Director, or his or her designee, to act as its representative for the performance
of this Agreement ("Commission's Representative"). Commission's representative shall
have the power to act on behalf of Commission for all purposes 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 Manuel
Joshua Lara, 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
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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 Cai/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.
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 addition, Consultant shall not
allow any subcontractor to commence work on any subcontract until it has secured all
insurance required under this section.
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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 ); (2) Automobile
Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1
(any auto); 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 [Reserved]
3.12.41nsurance 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. The general 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 Services or operations
performed by or on behalf of the Consultant, including materials, parts or equipment
furnished in connection with such work; 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.
(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,
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operation, maintenance, use, loading or unloading of any auto owned, leased, hired or
borrowed by the Consultant or for which the Consultant is responsible; and (2) the
insurance coverage shall be primary insurance as respects the Commission, its directors,
officials, officers, employees and agents, or if excess, shall stand in an unbroken chain of
coverage excess of the Consultant's scheduled underlying coverage. Any insurance or
self-insurance maintained by the Commission, its directors, officials, officers, employees
and agents shall be excess of the Consultant's insurance and shall not be called upon to
contribute with it in any way.
(C) Workers' Compensation and Employers Liability
Coverage. 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. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided or
canceled except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to the Commission; and, (B) any failure to comply with reporting
or other provisions of the policies, including breaches of warranties, shall not affect
coverage provided to the Commission, its directors, officials, officers, employees and
agents.
3.12.5 Deductibles and Self-Insurance Retentions. Any deductibles or
self-insured retentions must be,declared tcr,and approved by the Commission. If the
Commission does not approve ,the deductibles or self-insured retentions as presented,
Consultant shall guarantee thatl at the option of the Commission, either: (1) the insurer
shall reduce or eliminate sucH deductibles or self-insured retentions as respects the
Commission, its directors, officials, officers, employees and agents; or, (2) the Consultant
shall procure a bond guaranteeing payment of losses and related investigation costs,
claims and administrative and defense expenses.
3.12.6 Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in
California, and satisfactory to the Commission.
3.12. 7 Verification of Coverage. Consultant shall furnish Commission
with original certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the Commission. The certificates and endorsements
for each insurance policy shall be signed by a person authorized by that insurer to bind
coverage on its behalf. All certificates and endorsements must be received and approved
by the Commission before work commences. The Commission reserves the right to
require complete, certified copies of all required insurance policies, at any time.
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3.13 Safety. Consultant shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Consultant
shall at all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and life saving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing
apparel as are necessary or lawfully required to prevent accidents or injuries; and (C)
adequate facilities for the proper inspection and maintenance of all safety measures.
3.14 Fees and Payment.
3.14.1 Compensation. Consultant shall receive compensation,
including authorized reimbursements, for all Services rendered under this Agreement at the
rates set forth in Exhibit "C" attached hereto. The total compensation shall not exceed Two
Hundred Seventy Thousand Sixty Dollars ($270,060) without written approval of
Commission's Executive Director ("Total Gompensation"). Extra Work may be authorized,
as described below, and if authorized, will be compensated at the rates and manner set
forth in this Agreement
,,@, 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 i 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
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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.
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:
Spotless Complete Services, Inc
5225 Canyon Crest Dr. #71
Riverside, CA 92507
Attn: Manuel Joshua Lara
COMMISSION:
Riverside County
Transportation Commission
4080 Lemon Street, 3rd Floor
Riverside, CA 92501
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.
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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 providedtoConsultant by the
Commission. ,-;y~
'u1h~iJ~~
Com mission 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.
3.18.21ntellectual Prooertv. 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.
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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 disclose9 to any person or entity not connected with the performance of
the Services or the Project. Nothing furnished to Consultant which is otherwise known to
Consultant or is generally known, or has become known, to the related industry shall be
deemed confidential. Consultant shall not use Commission's name or insignia,
photographs of the Project, or any publicity pertaining to the Services or the Project in any
magazine, trade paper, newspaper, television or radio production or other similar medium
without the prior written consent of Commission.
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 in order to allow the Commission to
pursue legal remedies designed to limit any confidential information required to be
disclosed or to assure the confidential treatment of the information following disclosure.
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.
3.19 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.
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3.21 Indemnification. Consultant shall 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 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 a Illegal 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 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 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.
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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.
3.28 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 Hmited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff or termination. Consultant shall also comply with all relevant provisions of
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 etseq.
("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.
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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>pr relinquishment otsuch otheuight or power at any other time or times.
3.33 Eight-Hour Law. Pursuant to the provisions of the California Labor
Code, eight hours of labor shall constitute a legal day's work, and the time of service of any
worker employed on the work shall be limited and restricted to eight hours during any one
calendar day, and forty hours in any one calendar week, except when payment for
overtime is made at not less than one and one-half the basic rate for all hours worked in
excess of eight hours per day ("Eight-Hour Law"), unless Consultant or the Services are
not subject to the Eight-Hour Law. Consultant shall forfeit to Commission as a penalty,
$50.00 for each worker employed in the execution of this Agreement by him, or by any sub-
consultant under him, for each calendar day during which such workman is required or
permitted to work more than eight hours in any calendar day and forty hours in any one
calendar week without such compensation for overtime violation of the provisions of the
California Labor Code, unless Consultant or the Services are not subject to the Eight-Hour
Law.
3.34 Subpoenas or Court Orders. Should Consultant receive a subpoena
or court order related to this Agreement, the Services or the Project, Consultant shall
immediately provide written notice of the subpoena or court order to the Commission.
Consultant shall not respond to any such subpoena or court order until notice to the
17336.00000\7415357.1 12
17
Commission is provided as required herein, and shall cooperate with the Commission in
responding to the subpoena or court order.
3.35 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.
3.36 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.
3.37 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.38 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.
3.39 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.40 Incorporation of Recitals. The recitals set forth above are true and
correct and are incorporated into this Agreement as though fully set forth herein.
[SIGNATURES ON FOLLOWING PAGE]
17336.00000\7415357.1 13
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SIGNATURE PAGE
TO
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AGREEMENT FOR STATION JANITORIAL SERVICES
WITH SPOTLESS COMPLETE SERVICES, INC.
IN WITNESS WHEREOF, this Agreement was executed on the date first
written above.
RIVERSIDE COUNTY
TRANSPORTATION COMMISSION
By:
Anne Mayer
Executive Director
Approved as to Form:
By:
Best Best & Krieger LLP
General Counsel
17336.00000\7415357.1 14
19
SPOTLESS COMPLETE SERVICES,
INC.
By:
Signature
Name
Title
Attest:
By: __________________ _
Its: Secretary
EXHIBIT "A"
SCOPE OF SERVICES
L_INSERT_j
17336.00000\7415357.1 A-1
20
EXHIBIT "8"
SCHEDULE OF SERVICES
L__INSERT_j
17336.00000\7415357.1 B-1
21
17336.00000\7415357.1
EXHIBIT "C"
COMPENSATION
L__INSERT_j
C-1
22
AGENDA ITEM 9
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: September 24, 2012
TO: Western Riverside County Programs and Projects Committee
FROM: Tanya Love, Goods Movement Manager
THROUGH: John Standiford, Deputy Executive Director
SUBJECT: Iowa Avenue and Riverside Avenue Grade Separation Projects
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Allocate $2,126,968 in federal Congestion Mitigation Air Quality (CMAQ)
funds to the city,of Riverside (Riverside) in support of the Iowa Avenue grade
separation project;
2) Allocate $3,208,622 in Surface Transportation Program (STP) funds to
Riverside in support of the Riverside Avenue grade separation project; and
3) Forward to the Commission for final action.
BACKGROUND INFORMATION:
In April 2008, the California Transportation Commission (CTC) allocated
$13 million and $8.5 million in Proposition 1 B Trade Corridor Improvement Funds
(TCIF) to the Iowa Avenue and the Riverside Avenue grade separation projects,
respectively. Under the terms of the TCIF program, both projects must start
construction no later than December 31, 2013, in order to qualify for the
Proposition 1 B funding.
The Iowa Avenue project is ready to start construction and the Riverside Avenue
project is in final design and right of way acquisition. Both projects have a funding
shortfall and require additional funding support to move forward to meet the
December 31, 2013 deadline.
Iowa Avenue
The Iowa Avenue project will grade separate the Burlington Northern Santa Fe
Railway at an estimated cost of $32,325,770. A total of $30,198,803 in funding
is secured leaving a funding shortfall of $2,126,968. The project is scheduled to
start construction by the end of September 2012. Staff is seeking approval to
allocate $2,126,968 in CMAQ funds to cover the funding shortfall.
Agenda Item 9
23
Riverside Avenue
The Riverside Avenue project will grade separate the Union Pacific Railroad at an
estimated cost of $35,360,246. A total of $28,398,500 in funding is secured
leavin_g a funding shortfall of $6,961 ,746; of that amount, $3,208,622 is needed
for right of way and $3,753,124 is needed for construction. Staff is requesting
that $3,208,622 in STP funds be allocated to complete the right of way phase.
Funding to cover the estimated shortfall in the construction phase is not requested
at this time pending discussions with CTC staff and a revised engineer's estimate.
Summary
In April 2007, the Commission approved an off the top allocation of 25 percent of
CMAQ and STP federal funds for grade separation projects. As shown on the
following table, staff projects that approximately $13.7 million in CMAQ funding
will be available for additional grade separation projects after approval of a
$2,126,968 CMAQ allocation for the Iowa Avenue projec"l)\.
CMAQ ESTIMATED BEGINNING BALANCE $48,070,041
Grade
Date Approved Separation/Goods Amount
Movement Allocated by Commission
Projects Action
Estimated
Balance
Magnolia Avenue $ 15,000,000 12/2007 $ 33,070,041
Iowa Avenue 3,550,000 6/2011 29,520,041
Clay Street 7,500,000 6/2011 22,020,041
Avenue 66 350,000 9/2011 21,670,041
Iowa Avenue 500,000 6/2012 21,170,041
Clay Street 5,328,510 9/2012 15,841,531
Iowa Avenue 2,126,968 Pending 13,714,563
Agenda Item 9
24
Approximately $635,041 in STP funds will remain for additional grade separation
projects after approval of $3,208,622 in STP funds for the Riverside Avenue
project:
STP ESTIMATED BEGINNING BALANCE $31,333,000
Grade Date Approved Estimated Separation/Goods Amount by Commission Allocated Balance Movement Project Action
Iowa Avenue $400,000 12/2007 $30,933,000
Streeter Avenue 7,500,000 12/2007 23,433,000
1-215/Van Buren Blvd. 5,000,000 12/2007 18,433,000
Riverside Avenue 7,000,000 3/2011 11,433,000
1-215/Van Buren Blvd. 7,589,337 6/2011 3,843,663
Riverside Avenue 3,208,622 Pending 635,041
There is no impact to the Commission's budget as CMAQ and STP funding does
not flow through the Commission.
Agenda Item 9
25