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04 April 27, 2015 Western Riverside County Programs and ProjectsRIVERSIDE COUNTY TRANSPORTATION COMMISSION WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE MEETING AGENDA TIME: 1:30 p.m. DATE: Monday, April 27, 2015 LOCATION: BOARD ROOM County of Riverside Administrative Center 4080 Lemon Street, First Floor, Riverside  COMMITTEE MEMBERS  Ben Benoit, Chair / Timothy Walker, City of Wildomar Deborah Franklin, Vice Chair / Art Welch, City of Banning Karen Spiegel / Eugene Montanez, City of Corona Adam Rush / Clint Lorimore, City of Eastvale Frank Johnston / Brian Berkson, City of Jurupa Valley Scott Mann / Wallace Edgerton, City of Menifee Jesse Molina / Jeffrey J. Giba, City of Moreno Valley Berwin Hanna / Kathy Azevedo, City of Norco Daryl Busch / Rita Rogers, City of Perris Andrew Kotyuk / Scott Miller, City of San Jacinto Kevin Jeffries, County of Riverside, District I Marion Ashley, County of Riverside, District V  STAFF  Anne Mayer, Executive Director John Standiford, Deputy Executive Director  AREAS OF RESPONSIBILITY  Air Quality, Capital Projects, Communications and Outreach Programs, Intermodal Programs, Motorist Services, New Corridors, Regional Agencies/Regional Planning, Regional Transportation Improvement Program (RTIP), Specific Transit Projects, State Transportation Improvement Program (STIP), Transportation Uniform Mitigation Fee (TUMF) Program, and Provide Policy Direction on Transportation Programs and Projects related to Western Riverside County and other areas as may be prescribed by the Commission. 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. COMM-WRC-00026 Alexandra Rackerby From: Sent: To: Subject: Attachments: Alexandra Rackerby Thursday, April 23, 2015 8:03 AM Alexandra Rackerby RCTC Western Riverside County Programs and Projects Committee -lpad Users Conflict of Interest Form.pdf; Conflict of Interest Memo.pdf Good Morning Commissioners, The Western Riverside County Programs and Projects Committee agenda for Monday April 27, 2015 is posted on our website at http://www.rctc.org/uploads/media items/western-riverside-county-programs-and-projects-committee- april-27-2015.original.pdf Also, attached is the Conflict of Interest Memo and Form for your information. Let me know if you have any questions or concerns. Thank you. Allie Rackerby Riverside County Transportation Commission P.O. Box 12008 Riverside, CA 92502 (951) 787-7141 1 Riverside County Transportation Commission TO: FROM: DATE: SUBJECT: Riverside County Transportation Commission Jennifer Harmon, Office and Board Services Manager April 22, 2015 Possible Conflicts of Interest Issues-Western Riverside County Programs and Projects Committee Agenda of April 27, 2015 The April 27, 2015 agenda of the WRC 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. 11 -Amendments to Agreements with Tropical Plaza Nursery, Semi/la Landscape. Morning Star Sweeping, Global Pest Solutions and Universal Protection Services for the Three New Perris Valley Line Stations and the Expansion of the Perris Transit Center to the Perris Downtown Station Consultant(s): Global Pest Solutions 231 E. Alessandro Blvd., Suite A493 Riverside, CA 92508 Chenoa Morris, Secretary Morning Star Sweeping Services, Inc. P.O. Box 2051 Rancho Cucamonga, CA 91729 Mark Ruffalo, President Semi/la Landscape Corporation 3380 La Sierra Avenue, Suite 104 Riverside, CA 92503 Joshua Lara, General Manager Tropical Plaza Nursery, Inc. 9642 Santiago Blvd Villa Park, CA 92861 Leslie Fields, President Universal Protective Service, LP 1551 W. Tustin Avenue, Suite 650 Santa Ana, CA 92705 Roger Langder, Vice President Agenda Item No. 12 -Amendment to Agreement with Fibertronics for Closed Circuit Television Caoital Improvements and Station Maintenance Services Consultant(s): Fibertronics, Inc. 1449 Linville Lane Colton, CA 92324 Anthony S. Ababat, CEO RIVERSIDE COUNTY TRANSPORTATION COMMISSION WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE www.rctc.org AGENDA* *Actions may be taken on any item listed on the agenda 1:30 p.m. Monday, April 27, 2015 BOARD ROOM 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, 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. PLEDGE OF ALLEGIANCE 3. ATTENDANCE / 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. 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. Western Riverside County Programs and Projects Committee April 27, 2015 Page 2 5. APPROVAL OF MINUTES – MARCH 23, 2015 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. REPROGRAMMING OF FUNDS RELATED TO STATE ROUTE 91 HIGH OCCUPANCY VEHICLE LANE PROJECT Page 1 Overview This item is for the Committee to: 1) Approve reprogramming federal Congestion Mitigation and Air Quality (CMAQ) funds in the amount of $6,197,000 and 1989 Measure A Western County highway local match in the amount of $802,900 from the State Route 91 High Occupancy Vehicle (SR-91 HOV) project right of way phase to the construction phase; 2) Authorize the Executive Director, pursuant to legal counsel review, to execute agreements with Caltrans to reflect the reprogramming of $6,197,000 CMAQ funds and $802,900 Measure A funds from right of way to construction for the SR-91 HOV; and 3) Forward to the Commission for final action. 8. COMMUTER RAIL RESOLUTION TO OBTAIN FEDERAL AND STATE GRANT FUNDING Page 12 Overview This item is for the Committee to: 1) Adopt Resolution No. 15-009, “Resolution of the Riverside County Transportation Commission to Approve the Submittal of a Project for the Fiscal Year 2014-15 Low Carbon Transit Operations Program”; 2) Adopt Resolution No. 15-010, “Resolution of the Riverside County Transportation Commission to Authorize the Filing of Applications with the Federal Transit Administration for Federal Transportation Assistance Grants under Sections 5307, and 5337 and Congestion Mitigation Air Quality for Fiscal Year 2014-15”; 3) Adopt Resolution No. 15-011, “Resolution of the Riverside County Transportation Commission to Authorize the Filing of Applications with the Federal Transit Administration for Federal Transportation Assistance Grants under Sections 5307, and 5337 and Congestion Mitigation Air Quality for Fiscal Year 2015-16”; 4) Authorize the Executive Director or designee to submit or file requests for state and federal grant funding of operating and/or capital costs related to rail projects; and 5) Forward to the Commission for final action. Western Riverside County Programs and Projects Committee April 27, 2015 Page 3 9. REQUEST FOR FEDERAL OPERATING ASSISTANCE FUNDING FOR START-UP OF PERRIS VALLEY LINE Page 20 Overview This item is for the Committee to: 1) Approve programming $20 million of federal Congestion Mitigation and Air Quality (CMAQ) funds for operating assistance for the start-up of the Perris Valley Line; and 2) Forward to the Commission for final action. 10. AMENDMENT TO AGREEMENT RELATED TO THE CONSTRUCTION OF THE RIVERSIDE DOWNTOWN STATION OPERATIONS CONTROL CENTER Page 22 Overview This item is for the Committee to: 1) Approve an increase in the contingency for Agreement No. 14-31-149-00 with M.S. Construction Management Group for additional construction services for the Riverside Downtown Station Operations Control Center (RDNOCC) project in the amount of $250,000, for a revised contingency of $403,389, and a total amount not to exceed $1,937,280; 2) Approve Agreement No. 14-31-075-01, Amendment No. 1 to Agreement No. 14-31- 075-00, with Abacus Project Management, Inc. (Abacus) to increase the contingency for anticipated additional construction management (CM), materials testing, and construction surveying services for the RDNOCC, in the amount of $50,000, for a revised contingency amount of $66,586, and a total amount not to exceed $232,448; 3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreements on behalf of the Commission; 4) Authorize the Executive Director to approve contingency work as may be required for the project; and 5) Forward to the Commission for final action. 11. AMENDMENTS TO AGREEMENTS WITH TROPICAL PLAZA NURSERY, SEMILLA LANDSCAPE, MORNING STAR SWEEPING, GLOBAL PEST SOLUTIONS AND UNIVERSAL PROTECTION SERVICES FOR THE THREE NEW PERRIS VALLEY LINE STATIONS AND THE EXPANSION OF THE PERRIS TRANSIT CENTER TO THE PERRIS DOWNTOWN STATION Page 25 Overview This item is for the Committee to: 1) Approve Agreement No. 11-24-145-02, Amendment No. 2 to Agreement 11-24-145- 00, with Tropical Plaza Nursery for maintenance services in the amount of $101,754, plus a contingency amount of $10,175, for an additional amount of $111,929, and Western Riverside County Programs and Projects Committee April 27, 2015 Page 4 $500,000 for drought tolerant landscaping rehabilitation resulting in a total amount not to exceed $1,622,378; 2) Approve Agreement No. 12-24-086-01, Amendment No. 1 to Agreement 12-24-086- 00, with Semilla Landscape in the amount of $102,060, plus a contingency amount of $10,206, for an additional amount of $112,266, and a total amount not to exceed $616,377; 3) Approve Agreement No. 14-24-158-01, Amendment No. 1 to Agreement 14-24-158- 00, with Morning Star Sweeping in the amount of $37,080, plus a contingency amount of $3,708, for an additional amount of $40,788, and a total amount not to exceed $100,788; 4) Approve Agreement No. 11-24-046-02, Amendment No. 2 to Agreement 11-24-046- 00, with Global Pest Solutions in the amount of $4,380, plus a contingency amount of $2,000, for an additional amount of $6,380, and a total amount not to exceed $21,380; 5) Approve Agreement No. 11-24-057-04, Amendment No. 4 to Agreement 11-24-057- 00, with Universal Protection Services in the amount of $1,060,723, plus a contingency amount of $106,072, for an additional amount of $1,166,795, and a total amount not to exceed $7,070,895; 6) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the amendments to the agreements, on behalf of the Commission; 7) Authorize the Executive Director, or designee, to execute task orders awarded under the terms of the agreements; 8) Authorize the Executive Director or designee to approve contingency work up to the total not to exceed amount as required for the project; and 9) Forward to the Commission for final action. 12. AMENDMENT TO AGREEMENT WITH FIBERTRONICS FOR CLOSED CIRCUIT TELEVISION CAPITAL IMPROVEMENTS AND STATION MAINTENANCE SERVICES Page 63 Overview This item is for the Committee to: 1) Approve Agreement No. 13-24-066-01, Amendment No. 1, to Agreement No. 13-24- 066-00 with Fibertronics, Inc. (Fibertronics) for commuter rail station Closed Circuit Television (CCTV) security system installation, maintenance, and repair services at the three new Perris Valley Line stations, and capital improvements at the six existing commuter rail stations, in the amount of $79,200 for CCTV maintenance, $67,500 for repairs, and $500,000 for capital improvements, plus a contingency amount of $32,335, for an additional amount of $679,035, and a total amount not to exceed $1,293,605; 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the amendment to the agreement on behalf of the Commission; 3) Authorize the Executive Director, or designee, to execute task orders awarded under the terms of the agreement; Western Riverside County Programs and Projects Committee April 27, 2015 Page 5 4) Authorize the Executive Director or designee to approve contingency work up to the total not to exceed amount as required for the project; and 5) Forward to the Commission for final action. 13. AGREEMENTS FOR FREEWAY SERVICE PATROL TOW TRUCK SERVICE Page 73 Overview This item is for the Committee to: 1) Award Agreement No. 15-45-060-00 to Airport Mobil Towing (Airport Mobil) for Freeway Service Patrol (FSP) tow truck services on Interstate 15 Beat No. 25 for a three-year term, plus two one-year options to extend the agreement, for a total amount not to exceed $1,927,000; 2) Award Agreement No. 15-45-061-00 to Pepe’s Towing (Pepe’s) for FSP tow truck services on Interstate 15 Beat No. 26 for a three-year term, plus two one-year options to extend the agreement, for a total amount not to exceed $1,291,000; and 3) Forward to the Commission for final action. 14. FISCAL YEAR 2015/16 MEASURE A COMMUTER ASSISTANCE BUSPOOL SUBSIDY FUNDING CONTINUATION REQUESTS Page 103 Overview This item is for the Committee to: 1) Authorize payment of $1,645/month maximum subsidy per buspool for the period July 1, 2015 to June 30, 2016, to the existing Mira Loma, Riverside, and Riverside II buspools; 2) Require subsidy recipients to meet monthly buspool reporting requirements as supporting documentation to receive payments; and 3) Forward to the Commission for final action. 15. 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. 16. ADJOURNMENT The next Western Riverside County Programs and Projects Committee meeting is scheduled to be held at 1:30 p.m., Monday, May 25, 2015, Board Chambers, First Floor, County Administrative Center, 4080 Lemon Street, Riverside. RIVERSIDE COUNTY TRANSPORTATION COMMISSION WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE 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 ROLL CALL April 27, 2015 RIVERSIDE COUNTY TRANSPORTATION COMMISSION WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS SIGN-IN SHEET April 27, 2015 NAME AGENCY E_MAIL ADDRESS ,7~ <:&:Jr Mor 1;Vn-C1-tv ""! M/>fC£JJo lmLLFv /'_,,./,;_ f L(j ""' ..,.,(),.,(.../ Cf(y of-~~fv"U--/ -~~ J?,vn~~ ..... --r;;r~'1 //C/~ ~h f\z..-\>~-eoc Cct\,. o~ '(\t)('( d" M AA~~u._ N/tL'C:"7 fl \ ~rl c A~-CPCA:J.1--, n LJl r M/-FV ~~~r/' Vz;'/.--#'r:;//"JA,A.._ ~~hi!-~ti.~\"' ,1 , B.4r7 Y),,,.; ,/} ~ Y-e..A_ ~· (J r?-oi_ r~ ·v,) ca~,,~~,Api_p r ( rrPhh,1,'..j '- ~<,,, )7/_J/ -NA /J, -c-/ ,~ 'AAIA-/11/l-t!A r/~ [/ AGENDA ITEM 5 MINUTES RIVERSIDE COUNTY TRANSPORTATION COMMISSION WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE Monday, March 23, 2015 MINUTES 1. CALL TO ORDER The meeting of the Western Riverside County Programs and Projects Committee was called to order by Chair Ben Benoit at 1:31 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, Vice Chair Deborah Franklin led the Western Riverside County Programs and Projects Committee in a flag salute. 3. ROLL CALL Members/ Alternates Present Marion Ashley* Ben Benoit Daryl Busch Deborah Franklin Jesse Molina Berwin Hanna Kevin Jeffries Frank Johnston Andrew Kotyuk Scott Mann Karen Spiegel *Arrived after the meeting was called to order 4. PUBLIC COMMENTS Members Absent Adam Rush Arnold San Miguel, Southern California Association of Governments (SCAG), announced the Environmental Justice Workshop on the 2016 Regional Transportation Plan on April 15 and 23, and the SCAG Annual Meeting will be held on April 7-8. RCTC WRC Programs and Projects Committee Minutes March 23, 2015 Page 2 5. APPROVAL OF MINUTES – FEBRUARY 23, 2015 M/S/C (Franklin/Kotyuk) to approve the minutes as submitted. Abstain: Molina 6. ADDITIONS/REVISIONS There were no additions or revisions to the agenda. 7. PROJECT AND CONSTRUCTION MANAGER SERVICES FOR THE INTERSTATE 15 EXPRESS LANES PROJECT Lisa DaSilva, Capital Projects Manager, presented a detailed overview of the project and construction manager services for the Interstate 15 Express Lanes project. M/S/C (Busch/Hanna) to: 1) Award Agreement No. 15-31-001-00 to Parsons Transportation Group, Inc. (PTG) to provide project and construction management (PCM) services for the Interstate 15 Express Lanes project in the amount of $50,625,807, plus a contingency of $4,050,065, for a total amount not to exceed $54,675,872; 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; and 3) Authorize the Executive Director or designee to approve contingency work up to the total not to exceed amount as required for the project; and 4) Forward to the Commission for final action. Abstain: Molina 8. INTERSTATE 15 EXPRESS LANES PROJECT INVESTMENT GRADE TRAFFIC AND REVENUE STUDY SERVICES Michael Blomquist, Toll Program Director, presented an overview of the scope of services for the Interstate 15 Express Lanes project investment grade traffic and revenue study services. Michael Blomquist clarified for Commissioner Kevin Jeffries the addition of one to two toll lanes means there will initially be one lane with another added where traffic demands it throughout the project. RCTC WRC Programs and Projects Committee Minutes March 23, 2015 Page 3 In response to Commissioner Franklin’s question regarding how the decision is made to widen roads and look to other transportation measures, Michael Blomquist noted traffic models for regions are based on studies that look at socioeconomic factors. This project was based on a 50-year traffic model. Anne Mayer, Executive Director, noted in 2006 the Commission took every project in the highway improvement plan and did a technical analysis and compared all of the objective criteria and presented it at an ad hoc committee. The projects were then ranked and prioritized. Michael Blomquist clarified for Commissioner Jesse Molina that this project does not reach the State Route 60. The truck climbing lane in the Badlands area is the only Measure A project on SR-60. Michael Blomquist clarified for Commissioner Andrew Kotyuk that the revenue projected in the study is to help establish the toll policy and rates. One of the factors in the study takes into consideration the improvements in the area. M/S/C (Hanna/Kotyuk) to: 1) Award Agreement No. 15-31-048-00 to Stantec Consulting Services, Inc. (Stantec) for investment grade traffic and revenue study services for the Interstate 15 Express Lanes Project in the amount of $1.1 million, plus a contingency amount of $100,000, for a total amount not to exceed $1.2 million; 2) Authorize the Chair or Executive Director, pursuant to legal counsel review and completion of the pre-award audit, to execute the agreement on behalf of the Commission; and 3) Authorize the Executive Director or designee to approve contingency work up to the total not to exceed amount as required for the agreement; and 4) Forward to the Commission for final action. 9. SECURITY SERVICES AT RIGHT OF WAY PROPERTIES FOR STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT Mark Lancaster, Right of Way Manager, presented an overview of the security services at properties for the SR-91 CIP. M/S/C (Busch/Johnston) to: RCTC WRC Programs and Projects Committee Minutes March 23, 2015 Page 4 1) Award Agreement No. 15-31-084-00 to All Security Services for security services during construction of the State Route 91 Corridor Improvement Project (SR-91 CIP) in the amount of $100,000; and 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. 10. 2015 WESTERN RIVERSIDE SPECIALIZED TRANSIT CALL FOR PROJECTS – MEASURE A SPECIALIZED TRANSIT GRANT AWARDS Robert Yates, Multimodal Services Director, presented a brief overview of the 2015 Western Riverside Specialized Transit Call for Projects – Measure A Specialized Transit grant awards. In response to Commissioner Karen Spiegel’s questions regarding funding disbursed to Riverside County departments, Robert Yates and Martha Durbin, staff analyst, explained the recipients must qualify for services from each agency. M/S/C (Molina/Franklin) to: 1) Award Agreement No. 15-26-067-00 to Blindness Support Services, Inc. for the provision of travel training services (Travel Training Program) in an amount not to exceed $197,792 in Measure A Specialized Transit grant funds; 2) Award Agreement No. 15-26-068-00 to Boys and Girls Clubs of Southwest County for the provision of directly operated transportation services (Before and After School Transportation Program) in an amount not to exceed $816,250 in Measure A Specialized Transit grant funds; 3) Award Agreement No. 15-26-069-00 to Care-A-Van Services, Inc. for the provision of directly operated transportation services (Care-A-Van Project) in an amount not to exceed $1,236,468 in Measure A Specialized Transit grant funds; 4) Award Agreement No. 15-26-070-00 to Care Connexxus, Inc. for the provision of directly operated transportation services (Specialized Transit Project) in an amount not to exceed $781,130 in Measure A Specialized Transit grant funds; 5) Award Agreement No. 15-26-071-00 to the city of Norco Parks Department for the provision of directly operated transportation services (Norco Senior Shuttle Service Program) in an amount not to exceed $180,000 in Measure A Specialized Transit grant funds; 6) Award Agreement No. 15-26-072-00 to Community Connect for the provision of transportation information services (211 Riverside One RCTC WRC Programs and Projects Committee Minutes March 23, 2015 Page 5 Call/One Click Project) in an amount not to exceed $255,139 in Measure A Specialized Transit grant funds; 7) Award Agreement No. 15-26-073-00 to Community Connect for the provision of transportation pass or voucher services (Transportation Access Program) in an amount not to exceed $578,025 in Measure A Specialized Transit grant funds; 8) Award Agreement No. 15-26-074-00 to County of Riverside Department of Mental Health for the provision of directly operated transportation service (Transportation Program) in an amount not to exceed $549,826 in Measure A Specialized Transit grant funds; 9) Award Agreement No. 15-26-075-00 to Forest Folk, Inc. for the provision of directly operated transportation service (Idyllwild Areas Shuttle Service) in an amount not to exceed $157,000 in Measure A Specialized Transit grant funds; 10) Award Agreement No. 15-26-076-00 to Friends of Moreno Valley Senior Center, Inc. for the provision of directly operated transportation services (Mo Van Transit Service) in an amount not to exceed $205,128 in Measure A Specialized Transit grant funds; 11) Award Agreement No. 15-26-077-00 to Independent Living Partnership for the provision of mileage reimbursement to volunteer drivers (Transportation Reimbursement and Information Project – TRIP Western Riverside) in an amount not to exceed $1,270,254 in Measure A Specialized Transit grant funds; 12) Award Agreement No. 15-26-078-00 to Inland Aids Project for the provision of directly operated transportation services (Inland Aids Project Transportation Program) in an amount not to exceed $283,930 in Measure A Specialized Transit grant funds; 13) Award Agreement No. 15-26-079-00 to Operation SafeHouse, Inc. for the provision of directly operated transportation services (Main Street Transitional Living Program) in an amount not to exceed $89,343 in Measure A Specialized Transit grant funds; 14) Award Agreement No. 15-26-080-00 to the Riverside County Regional Medical Center for the provision of directly operated transportation services (Specialized Non-Emergency Medical Transportation program) in an amount not to exceed $918,322 in Measure A Specialized Transit grant funds; 15) Award Agreement No. 15-26-081-00 to United States Veterans Initiative for the provision of directly operated transportation services (U.S. Vets Inland Empire Transportation Program) in an amount not to exceed $129,915 in Measure A Specialized Transit grant funds; 16) Award Agreement No. 15-26-082-00 to Voices for Children for the provision of mileage reimbursement to volunteer drivers (Volunteer Mileage Reimbursement Program) in an amount not to exceed RCTC WRC Programs and Projects Committee Minutes March 23, 2015 Page 6 $269,478 in Measure A Specialized Transit grant funds; 17) Award Agreement No. 15-26-086-00 to Riverside Transit Agency for the provision of a two-year demonstration program for Dial-A-Ride Plus in an amount not to exceed $82,000 in Measure A Specialized Transit grant funds; 18) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreements on behalf of the Commission; and 19) Forward to the Commission for final action. 11. AMENDMENT TO COMMISSION’S RAIL PROGRAM SHORT RANGE TRANSIT PLANS Sheldon Peterson, Rail Manager, presented the details of the amendment to the Commission’s Rail Program Short Range Transit Plans. M/S/C (Ashley/Mann) to: 1) Amend the Commission’s Commuter Rail Program’s FY 2014/15 Short Range Transit Plan (SRTP), as follows: a) Allocate $3,589,325 of FY 2014/15 Proposition 1B Public Transportation Modernization, Improvement, and Service Enhancement Account (PTMISEA) funds to the Riverside County rail passenger efficiency upgrades project; b) Allocate $17,895,032 of Federal Transit Administration (FTA) Section 5307 Grant funds to the Riverside County rail passenger efficiency upgrades project; c) Allocate $11,631,985 FTA Section 5337 Grant funds to the commuter rail state of good repair project; d) Allocate $2,281,747 FTA Section 5309 Grant funds to the existing commuter rail rehabilitation project; and e) Allocate $355,617 from the FY 2013/14 and $355,625 from the FY 2014/15 Proposition 1B California Transit Security Grant Program – California Transit Assistance Fund (CTSGP-CTAF) funds for video surveillance system upgrades and station security equipment; 2) Adopt Resolution No. 15-007 and Resolution No. 15-008, “Resolution of the Riverside County Transportation Commission Appointing Individuals to Act on Behalf of the Commission for the Purpose of Applying and/or Accepting Grants Awarded to the Commission’s Rail Program” related to the two CTSGP-CTAF grants; and 3) Forward to the Commission for final action. RCTC WRC Programs and Projects Committee Minutes March 23, 2015 Page 7 12. COMMISSIONERS / STAFF REPORT 12A. Anne Mayer announced: • Commencing on March 23, there will be a 35-day closure of the 14th Street eastbound on ramp and the University Avenue off ramp on SR-91; • Also commencing on March 23 is a one-week closure in the city of Perris for the I-215 Central project on Perris Boulevard between San Jacinto Avenue and Jarvis Street; • On March 20, an update on the summary of results for the first round of cap and trade funding was emailed to all of the Commissioners and an update will be provided at its April Commission meeting; and • At its April Commission meeting, the Commission will be approving the certification of the Mid County Parkway project environmental impact report. 13. 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 2:17 p.m. The next meeting of the Western Riverside County Programs and Projects Committee is scheduled for April 27, 2015, at 1:30 p.m. Respectfully submitted, Tara S. Byerly Deputy Clerk of the Board AGENDA ITEM 7 BLANK RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: April 27, 2015 TO: Western Riverside County Programs and Projects Committee FROM: Shirley Medina, Planning and Programming Director THROUGH: John Standiford, Assistant, Deputy Executive Director SUBJECT: Reprogramming of Funds Related to State Route 91 High Occupancy Vehicle Lane Project STAFF RECOMMENDATION: This item is for the Committee to: 1) Approve reprogramming federal Congestion Mitigation and Air Quality (CMAQ) funds in the amount of $6,197,000 and 1989 Measure A Western County highway local match in the amount of $802,900 from the State Route 91 High Occupancy Vehicle (SR-91 HOV) project right of way phase to the construction phase; 2) Authorize the Executive Director, pursuant to legal counsel review, to execute agreements with Caltrans to reflect the reprogramming of $6,197,000 CMAQ funds and $802,900 Measure A funds from right of way to construction for the SR-91 HOV; and 3) Forward to the Commission for final action. BACKGROUND INFORMATION: Caltrans and the Commission have nearly completed all right of way utility relocations for the SR-91 HOV project and determined there will be right of way savings of federal CMAQ funds in the amount of approximately $6,197,000 plus corresponding Measure A local match that total approximately $7 million. Staff recommends reprogramming the right of way savings to the construction phase to cover anticipated construction capital cost increase of $4 million and the related construction management support cost increase of $3 million. This action does not require additional funding for the current project, as it involves moving already committed and obligated funding from one phase to another but does require the amendments to the cooperative agreements with Caltrans for the right of way and for the construction phases. Commission staff will de-obligate CMAQ federal funds from right of way, and Caltrans staff will obligate the funds for the construction phase. The local match from 1989 Measure A Western County highway funds will be paid to Caltrans, as lead agency on the construction phase, as reimbursement for costs incurred. These Measure A funds were previously committed for the right of way phase to match the required CMAQ contribution and will be redirected and reimbursed to Caltrans for construction costs, which are included in the FY 2015/16 budget. Agenda Item 7 1 The reprogrammed funds are needed to cover anticipated construction cost increases on the SR-91 HOV project due to issues encountered after start of construction that have delayed the original completion date. At the May Commission meeting, Caltrans will report on the status of the SR-91 HOV project and will detail the issues encountered during construction. Financial Information In Fiscal Year Budget: Yes Year: FY 2015/16 Amount: $802,900 Source of Funds: 1989 Measure A Western County Highways Budget Adjustment: No GL/Project Accounting No.: 003005 81301 222 31 81301 Fiscal Procedures Approved: Date: 04/20/2015 Attachments: 1) Right of Way Cooperative Agreement No. 8-1372 A-4 2) Construction Cooperative Agreement No. 8-1488 A-2 Agenda Item 7 2 ATTACHMENT 1 08-Riv-91-PM 15.6/21.6 In Riverside from Adams Street to Route 60/91/215 Interchange Construct two HOV Lanes and Modify Interchanges EA 448402 and 448409 District Agreement No. 8-1372 A/4 Project Number 0800000712 AMENDMENT NO. 4 TO AGREEMENT This AMENDMENT NO. 4 to AGREEMENT (Amendment), entered into effective on , 2015, is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as “STATE,” and the RIVERSIDE COUNTY TRANSPORTATION COMMISSION, a public corporation/entity, referred to herein as “RCTC.” RECITALS 1. The STATE and RCTC hereto entered into an Agreement No. 8-1372 on March 10, 2008, said Agreement desired State Highway improvements consisting of widening State Route 91 (SR-91) to add one (1) High Occupancy Vehicle (HOV) lane in each direction from Adams Street to the 60/215 Interchange (IC). The actual limits of widening in the eastbound direction will be from Adams Street to University Avenue, and in the westbound direction, from Brockton/Mary Street to University Avenue. In addition, it is proposed to re-stripe SR-91 from University Avenue to the 60/215 IC. Work will also include adding auxiliary lanes, retaining walls, soundwalls, bridge widening and replacements, braided ramps, and interchange modifications and reconstruction, all of which are collectively, referred to herein as “PROJECT.” 2. The parties hereto entered into Amendment No. 1 to Agreement on June 29, 2009, to contribute Federal Congestion Mitigation and Air Quality (CMAQ) funds toward the PROJECT right of way capital costs. 3. The parties hereto entered into Amendment No. 2 to Agreement on May 3, 2011, to contribute State Traffic Congestion Relief Program (TCRP) funds toward the PROJECT right of way capital costs; to increase the State Transportation Improvement Program/Regional Transportation Improvement Program (STIP/RIP) funds to be used to reimburse STATE for its right of way activities; to increase RCTC’s estimated local match funds and to reflect the California Transportation Commission action in the State Transportation Improvement Program Amendment dated February 14, 2008, to combine both support and capital under capital only; and to change the EA reference number from 448401 to EA 448402 and EA 448409. 1 3 4. The parties hereto entered into Amendment No. 3 to Agreement on July 15, 2014 to increase CMAQ funds from $20,000,000 to $25,542,731 and local match funds toward the PROJECT right of way capital costs from $18,487,000 to $19,205,120 to cover the unanticipated increase in utility relocation costs. 5. The purpose of this Amendment No. 4 is to decrease the Right of Way Capital Cost due to a reduction in the utility relocation cost. The CMAQ funds will decrease, the State Transportation Improvement Program/Regional Transportation Improvement Program (STIP/RIP) funds will also decrease, and to move $900,000 of local funds under the SPENDING SUMMARY Right of Way Support from RCTC to CALTRANS. The total of the Right of Way Capital and Right of Way Support will now be $62,217,851. IT IS THEREFORE MUTUALLY AGREED: 1. Under RECITALS of Agreement No. 8-1372, Recitals 3 and 5 are hereby amended to read as follows: “3. STATE and RCTC will use State Transportation Improvement Program/Regional Transportation Improvement Program (STIP/RIP) funds in the total amount of $23,963,000, STATE’s TCRP funds in the amount of $507,000, Federal Congestion Mitigation and Air Quality (CMAQ) funds in the estimated amount of $18,542,731, and RCTC’s local matching funds estimated at $19,205,120, together hereinafter referred to as PROJECT FUNDS for Right of Way capital and support costs. The cost of attorney fees and related legal cost for property acquisition (eminent domain activities) shall be outside the scope of the project costs stated in the agreement and shall be 100% locally funded by RCTC.” “5. RCTC authorizes STATE to reimburse itself from then available STIP/RIP funds on a monthly basis for all the Right of Way activities designated as STATE’s responsibility on EXHIBIT B against the same STIP/RIP funding source up to the amount of $1,332,000.” 2. Under SECTION I of Agreement No. 8-1372, Articles 2, 18 and 19 are hereby amended to read as follows: “2. RCTC authorizes STATE to reimburse itself from then available STIP/RIP funds on a monthly basis for all the Right of Way activities designated as STATE’s responsibility on EXHIBIT B against the same STIP/RIP funding source up to the amount of $1,332,000.” “18. RCTC will pay utility providers for PROJECT utility relocation work, following review and approval of invoices therefor by STATE. RCTC will submit monthly invoices to STATE Local Programs for reimbursement from the CMAQ funding source up to the amount of $18,542,731 for such PROJECT utility relocation work, and shall fund a portion of the utility relocation work, including a portion of 2 4 STATE’s right of way support costs, from local funds up to the amount of $19,205,120 as shown in attached Exhibit A/4, as its CMAQ local match. If the total utility relocation cost is under this amount, the COMMISSION has flexibility to use its CMAQ local match funds for other activities within the right of way phase.” “19. To submit continuous billing for reimbursement of a portion of the expenditures for PROJECT, to be paid out of STATE’s TCRP funds, up to the amounts shown against those funds in Exhibit A/3.” 3. Under SECTION II of Agreement No. 8-1372, Article 2 is hereby amended to read as follows: “2. To reimburse itself from STIP/RIP funds on a monthly basis, up to the total amount of $232,000 for capital costs and $1,100,000 for a portion of support costs of STATE’s PROJECT work. To submit billing to RCTC on a monthly basis up to the total amount of $900,000 for a portion of STATE’s support cost of PROJECT work to be funded using RCTC’s local funding sources.” 4. The termination date specified in SECTION III of Agreement No. 8-1372, Article 23 is hereby amended to read as follows: “23. This Agreement will terminate upon completion of PROJECT that all parties have met all scope, cost, and schedule commitments included in this Agreement and have signed a cooperative agreement closure statement, which is a document signed by parties that verifies the completion of PROJECT. However, all indemnification, document, retention, audit, claims, environmental commitment, legal challenge, hazardous material, operation, maintenance and ownership articles will remain in effect until terminated or modified in writing by mutual agreement.” 5. The new Exhibit A/4, attached hereto and incorporated herein by reference, replaces the original Exhibit A of Agreement No. 8-1372, Exhibit A/1 of Agreement No. 8-1372 A/1 and Exhibit A/2 of Agreement No. 8-1372 A/2, Exhibit A/3 of Agreement No. 8-1372 A/3 and is hereby made a part of said Agreement No. 1372 and any reference to Exhibits A, A/1, A/2 or A/3 in the foregoing referenced agreements are deemed to refer to Exhibit A/4. 6. All other terms and conditions of said Agreement No. 8-1372, as heretofore amended, shall remain in full force and effect. 7. This Amendment No. 4 to Agreement is hereby deemed to be a part of Agreement No. 8-1372. 3 5 STATE OF CALIFORNIA RIVERSIDE COUNTY DEPARTMENT OF TRANSPORTATION TRANSPORTATION COMMISSION APPROVED APPROVED By: By: John Bulinski Anne Mayer Interim District 8 Director Executive Director APPROVED AS TO FORM AND By: PROCEDURE: Legal Counsel Best Best & Krieger LLP By: Attorney, Department of Transportation CERTIFIED AS TO FUNDS: By: Lisa Pacheco District Budget Manager CERTIFIED AS TO FINANCIAL TERMS AND POLICIES: By: Accounting Administrator 4 6 Exhibit A/4 FUNDING SUMMARY SPENDING SUMMARY This table will designate the maximum funds each of the Parties will spend for project components covered by this Agreement Funding Source Funding Partner Fund Type Right of way Capital Right of way Support Totals Implementing Agency RCTC STATE STATE TCRP $507,000 $0 $507,000 STATE RCTC STIP-RIP $22,863,000 $1,100,000 $23,963,000 FEDRAL RCTC CMAQ $19,345,632 $0 $19,345,632 LOCAL RCTC LOCAL $17,502,220 $900,000 $18,402,220 Subtotals by Component $60,217,852 $2,000,000 $62,217,852 R/W CAPITAL R/W SUPPORT Fund Type CALTRANS RCTC CALTRANS RCTC Totals TCRP $0 $507,000 $0 $0 $507,000 STIP/RIP $232,000 $22,631,000 $1,100,000 $0 $23,963,000 CMAQ $0 $19,345,632 $0 $0 $19,345,632 LOCAL $0 $17,502,220 $900,000 $0 $18,402,220 Totals $232,000 $59,985,852 $2,000,000 $0 $62,217,852 5 7 BLANK ATTACHMENT 2 08-RIV-91-15.6/21.6 EA: 44840 Federal Funds District Agreement 08-1488 A/2 Project Number 0800000712 AMENDMENT NO. 2 TO AGREEMENT 1488 THIS AMENDMENT No. 2 (AMENDMENT), entered into and effective on , is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and Riverside County Transportation Commission, a public corporation/entity, referred to hereinafter as RCTC. RECITALS 1. CALTRANS and RCTC, collectively referred to as PARTNERS, entered into Agreement No. 1488, (AGREEMENT) on October 4, 2010, to widen State Route 91 (SR-91) to add one High Occupancy Vehicle (HOV) lane in each direction from Adams Street to the 60/91/215 Interchange, referred to as PROJECT. 2. PARTNERS entered into Amendment No. 1 to AGREEMENT on July 15, 2014 to increase the construction support cost due to PROJECT delays and to decrease the construction capital cost as a result of the bid opening. 3. PARTNERS now seek to increase the construction capital and support cost due to PROJECT delays and increase in capital cost. 4. A revised FUNDING SUMMARY A/2 is attached and made part of this AMENDMENT. IT IS THEREFORE MUTUALLY AGREED: 1. A revised FUNDING SUMMARY A/2 is attached and made part of the AGREEMENT. Any reference to the FUNDING SUMMARY in the AGREEMENT is deemed to refer to the revised FUNDING SUMMARY A/2 attached herein. 1 8 District Agreement 08-1488 A/2 2. All other terms and conditions of the AGREEMENT shall remain in full force and effect. 3. This AMENDMENT is deemed to be included and made part of the AGREEMENT. 2 9 District Agreement 08-1488 A/2 SIGNATURES PARTNERS declare that: 1. Each PARTNER is an authorized legal entity under California state law. 2. Each PARTNER has the authority to enter into this agreement. 3. The people signing this agreement have the authority to do so on behalf of their public agencies. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION APPROVED By: John Bulinski Interim District 8 Director APPROVED AS TO FORM AND PROCEDURE: By: _____________________________ Attorney, Department of Transportation CERTIFIED AS TO FUNDS: By: Lisa Pacheco District Budget Manager CERTIFIED AS TO FINANCIAL TERMS AND POLICIES: By: Accounting Administrator RIVERSIDE COUNTY TRANSPORTATION COMMISSION APPROVED By: ______________________________ Anne Mayer Executive Director By: ______________________________ Best, Best and Krieger Legal Counsel 3 10 District Agreement 08-1488 A/2 FUNDING SUMMARY A/2 Funding Source Funding Partner Fund Type CON Capital CON Support Subtotal Funds Type STATE CALTRANS CMIA $95,755,019.00 $20,598,000.00 $116,353,019.00 STATE CALTRANS CMIA $3,837,981.00 $3,837,981.00 FEDERAL RCTC CMAQ $31,872,235.00 $7,785,900.00 $39,658,135.00 LOCAL RCTC MEAS A $458,800.00 $344,100.00 $802,900.00 Subtotals by Component $131,924,035.00 $28,728,000.00 $160,652,035.00 4 11 AGENDA ITEM 8 BLANK RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: April 27, 2015 TO: Western Riverside County Programs and Projects Committee FROM: Brenda Ramirez, Staff Analyst Sheldon Peterson, Rail Manager THROUGH: Robert Yates, Multimodal Services Director SUBJECT: Commuter Rail Resolution to Obtain Federal and State Grant Funding STAFF RECOMMENDATION: This item is for the Committee to: 1) Adopt Resolution No. 15-009, “Resolution of the Riverside County Transportation Commission to Approve the Submittal of a Project for the Fiscal Year 2014-15 Low Carbon Transit Operations Program”; 2) Adopt Resolution No. 15-010, “Resolution of the Riverside County Transportation Commission to Authorize the Filing of Applications with the Federal Transit Administration for Federal Transportation Assistance Grants under Sections 5307, and 5337 and Congestion Mitigation Air Quality for Fiscal Year 2014-15”; 3) Adopt Resolution No. 15-011, “Resolution of the Riverside County Transportation Commission to Authorize the Filing of Applications with the Federal Transit Administration for Federal Transportation Assistance Grants under Sections 5307, and 5337 and Congestion Mitigation Air Quality for Fiscal Year 2015-16”; 4) Authorize the Executive Director or designee to submit or file requests for state and federal grant funding of operating and/or capital costs related to rail projects; and 5) Forward to the Commission for final action. BACKGROUND INFORMATION: The Commission’s Commuter Rail Program applies for various federal and state funds that are necessary to fund rail projects within Riverside County. There is also the need for grants to meet the Commission’s annual funding responsibility related to the Southern California Regional Rail Authority’s (SCRRA) annual Metrolink budget. Each year the various grant funding agencies require a resolution from the Commission authorizing the Executive Director to act on behalf of the Commission regarding the submittal or filing of state and federal grant funding requests in order to obtain operating and/or capital funds for rail projects. Staff recommends approval of Resolution Nos. 15-009, 15-010, and 15-011 to expedite the approval and application process. The attached resolutions include the following funding opportunities: Agenda Item 8 12 Resolution No. 15-009 with the State of California - $129,859 in Low Carbon Transit Operations Program (LCTOP) funds for Perris Valley Line operations Resolution Nos. 15-010 (FY 2014/15) and 15-011 (FY 2015/16) with the Federal Transit Administration - Section 5307 Urbanized Area Formula Program (Commission/SCRRA Capital Projects) - Section 5309 Fixed Guideway Modernization (Commission /SCRRA Capital Projects) - Section 5337 State of Good Repair (Commission /SCRRA Capital Projects) - Congestion Mitigation Air Quality (SCRRA Operating Costs) Rail projects are included in the FY 2015/16 budget and the annual Short Range Transit Plan that will be submitted to the Commission at the June and July meetings, respectively, for approval. There is no budget impact of the action. Attachments: 1) Resolution No. 15-009 2) Resolution No. 15-010 3) Resolution No. 15-011 Agenda Item 8 13 ATTACHMENT 1 RESOLUTION NO. 15-009 RESOLUTION OF THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION TO APPROVE THE SUBMITTAL OF A PROJECT FOR THE FISCAL YEAR 2014-15 LOW CARBON TRANSIT OPERATIONS PROGRAM WHEREAS, the Riverside County Transportation Commission (Commission) is an eligible project sponsor and may receive state funding from the Low Carbon Transit Operations Program (LCTOP) now or sometime in the future for transit projects; and WHEREAS, the statutes related to state-funded transit projects require a local or regional implementing agency to abide by various regulations; and WHEREAS, Senate Bill 862 (2014) named the California Department of Transportation (Department) as the administrative agency for the LCTOP; and WHEREAS, the Department has developed guidelines for the purpose of administering and distributing LCTOP funds to eligible project sponsors (local agencies). NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Commission that it agrees to comply with all conditions and requirements set forth in applicable statutes, regulations, and guidelines for all LCTOP funded transit projects. NOW, THEREFORE, BE IT FURTHER RESOLVED by the Governing Body of the Commission that it hereby authorizes the submittal of the project nomination and allocation request to the Department requesting $129,859 in FY 2014-15 LCTOP funds for Perris Valley Line operations. APPROVED AND ADOPTED this 13th day of May 2015. Daryl R. Busch, Chair Riverside County Transportation Commission 14 ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 15 ATTACHMENT 2 RESOLUTION NO. 15-010 RESOLUTION OF THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION TO AUTHORIZE THE FILING OF APPLICATIONS WITH THE FEDERAL TRANSIT ADMINISTRATION FOR FEDERAL TRANSPORTATION ASSISTANCE GRANTS UNDER SECTIONS 5307, 5309, AND 5337 AND CONGESTION MITIGATION AIR QUALITY FOR FISCAL YEAR 2014-15 WHEREAS, the Riverside County Transportation Commission (Commission) is an eligible project sponsor and may receive federal funding from the Federal Transit Administration (FTA) for transportation projects; and WHEREAS, the FTA has been delegated authority to award Federal financial assistance for transportation projects; and WHEREAS, the grant or cooperative agreement for Federal financial assistance will impose certain obligations upon the Commission, and may require the Commission to provide the local share of the project cost; and WHEREAS, the Commission has or will provide all annual certifications and assurances to the FTA required for the project. NOW, THEREFORE, BE IT RESOLVED BY THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION: 1. That the Executive Director or assigned designee is authorized to execute and file an application for Federal assistance on behalf of the Commission with the FTA for Federal assistance authorized by 49 U.S.C. Chapter 53, Title 23, United States Code, or other Federal statutes authorizing a project administered by the FTA. The Commission is a Grantee as defined by 49 U.S.C. § 5307(a)(2). 2. That the Executive Director or assigned designee is authorized to execute and file with its applications the annual certifications and assurances and other documents the FTA requires before awarding a Federal assistance grant or cooperative agreement. 3. That the Executive Director or assigned designee is authorized to execute grant and cooperative agreements with the FTA on behalf of the Commission. APPROVED AND ADOPTED this 13th day of May 2015. 16 Daryl R. Busch, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 17 ATTACHMENT 3 RESOLUTION NO. 15-011 RESOLUTION OF THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION TO AUTHORIZE THE FILING OF APPLICATIONS WITH THE FEDERAL TRANSIT ADMINISTRATION FOR FEDERAL TRANSPORTATION ASSISTANCE GRANTS UNDER SECTIONS 5307, 5309, AND 5337 AND CONGESTION MITIGATION AIR QUALITY FOR FISCAL YEAR 2015-16 WHEREAS, the Riverside County Transportation Commission (Commission) is an eligible project sponsor and may receive federal funding from the Federal Transit Administration (FTA) for transportation projects; and WHEREAS, the FTA has been delegated authority to award Federal financial assistance for transportation projects; and WHEREAS, the grant or cooperative agreement for Federal financial assistance will impose certain obligations upon the Commission and may require the Commission to provide the local share of the project cost; and WHEREAS, the Commission has or will provide all annual certifications and assurances to the FTA required for the project. NOW, THEREFORE, BE IT RESOLVED BY THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION: 1. That the Executive Director or assigned designee is authorized to execute and file an application for Federal assistance on behalf of the Commission with the FTA for Federal assistance authorized by 49 U.S.C. Chapter 53, Title 23, United States Code, or other Federal statutes authorizing a project administered by the FTA. The Commission is a Grantee as defined by 49 U.S.C. § 5307(a)(2). 2. That the Executive Director or assigned designee is authorized to execute and file with its applications the annual certifications and assurances and other documents the FTA requires before awarding a Federal assistance grant or cooperative agreement. 3. That the Executive Director or assigned designee is authorized to execute grant and cooperative agreements with the FTA on behalf of the Commission. APPROVED AND ADOPTED this 13th day of May 2015. 18 Daryl R. Busch, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 19 AGENDA ITEM 9 BLANK RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: April 27, 2015 TO: Western Riverside County Programs and Projects Committee FROM: Sheldon Peterson, Rail Manager THROUGH: Robert Yates, Multimodal Services Director SUBJECT: Request for Federal Operating Assistance Funding for Start-up of Perris Valley Line STAFF RECOMMENDATION: This item is for the Committee to: 1) Approve programming $20 million of federal Congestion Mitigation and Air Quality (CMAQ) funds for operating assistance for the start-up of the Perris Valley Line; and 2) Forward to the Commission for final action. BACKGROUND INFORMATION: With the anticipated construction completion of the Perris Valley Line this calendar year, the Commission needs to prepare for commencing regular commuter rail service. The operating plan supported by the Federal Transit Administration calls for 12 daily trains between South Perris and Riverside expanding service an additional 24 miles within Riverside County. With this new service, there will be a substantial additional financial commitment for the operations and maintenance of this new line including trains, tracks, and stations. To address this initial cost increase, staff recommends the Commission approve $20 million of federal CMAQ funds for start-up operations. The current federal transportation program, MAP-21, allows for CMAQ funds to be used for operating assistance for start-up operating costs for new transportation services including commuter rail such as the Perris Valley Line. The intent of the program is to help viable transportation services that can demonstrate air quality benefits and eventually cover as much costs as possible. This assistance can be provided for a total of up to five sequential years of support. At the conclusion of the five-year period, operating costs would have to be maintained with non-CMAQ funding. Operating assistance includes all costs of providing new transportation services, including but not limited to, labor, fuel, administrative costs, and maintenance. These costs fall in line with the proposed implementation plan for the Perris Valley Line. After lengthy discussions with the Southern California Commuter Rail Authority (SCRRA) during the current FY 2015/16 budget year process, it appears the incremental cost increase for the service will be approximately $4 million a year. These costs are due to the six train crews Agenda Item 9 20 required to provide the service; additional right of way maintenance staff to patrol and maintain the tracks and signals; mechanical crews to clean, fuel, and inspect the equipment; train fuel; and facilities maintenance and security for the layover facility and four new stations. Staff intends to request $4 million for the next five years for project start-up operations. The expectation is that ridership and revenue growth will occur during this ramp up period so that the subsidy requirement from other local transportation funding sources will be reduced over the five year period. Staff requests this authorization now to allow for the extended timeline that is required to obligate the federal funds and complete the steps necessary to have the funds available by the time the service is ready to begin by the end of the calendar year. Financial Information In Fiscal Year Budget: Yes N/A Years: FY 2015/16 FY 2016/17+ Amount: $4,000,000 $16,000,000 Source of Funds: Federal CMAQ Budget Adjustment: No N/A GLA No.: 254199 414 41403 103 25 41401 $20,000,000 Fiscal Procedures Approved: Date: 04/20/2015 Agenda Item 9 21 AGENDA ITEM 10 BLANK RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: April 27, 2015 TO: Western Riverside County Programs and Projects Committee FROM: Patti Castillo, Capital Projects Manager THROUGH: Marlin Feenstra, Project Delivery Director SUBJECT: Amendment to Agreement Related to the Construction of the Riverside Downtown Station Operations Control Center STAFF RECOMMENDATION: This item is for the Committee to: 1) Approve an increase in the contingency for Agreement No. 14-31-149-00 with M.S. Construction Management Group for additional construction services for the Riverside Downtown Station Operations Control Center (RDNOCC) project in the amount of $250,000, for a revised contingency of $403,389, and a total amount not to exceed $1,937,280; 2) Approve Agreement No. 14-31-075-01, Amendment No. 1 to Agreement No. 14-31-075- 00, with Abacus Project Management, Inc. (Abacus) to increase the contingency for anticipated additional construction management (CM), materials testing, and construction surveying services for the RDNOCC, in the amount of $50,000, for a revised contingency amount of $66,586, and a total amount not to exceed $232,448; 3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreements on behalf of the Commission; 4) Authorize the Executive Director to approve contingency work as may be required for the project; and 5) Forward to the Commission for final action. BACKGROUND INFORMATION: The Riverside Downtown Station opened in 1993. The facility includes an Operations Control Center housing a centralized Closed Circuit Television (CCTV) surveillance system for all of Riverside County’s commuter rail stations. In order to enhance public safety, reduce vandalism, prevent crime, and identify criminal activity, the system monitors a variety of station environments and activities 24 hours a day. The system presently includes 115 cameras distributed among the various station sites. The facility where the CCTV system is housed and monitored is known as the RDNOCC. Agenda Item 10 22 In 1994 Metrolink installed modular crew layover offices at the station. Over the intervening two decades, the Commission's security surveillance system and Metrolink’s rail operations have expanded and outgrown the capacity of their existing buildings. In January 2009, the Commission authorized a security plan assessment (security plan) for security, surveillance, facility improvements, future facility design, and development of facility emergency response plans. The security plan recommended relocation of video surveillance and security guard operations to a new RDNOCC. In December 2010, the Commission approved an agreement to provide engineering design and support services for the relocation, expansion, and upgrade of the RDNOCC. Due to funding constraints, the design plans were placed on hold. In March 2013, the Commission allocated funds to construct the new RDNOCC, and the design plans were completed in October 2013. In May 2014, the Commission approved Agreement No. 14-31-075-00 with Abacus for CM, materials testing, and construction surveying services for the new RDNOCC in the amount of $165,862 plus a contingency amount of $16,586 for at total amount not to exceed $182,448. In September 2014, the Commission approved Agreement No. 14-31-149-00 with M.S. Construction Management Group in the amount of $1,533,891 plus a contingency amount of $153,389, for a total amount not to exceed $1,687,280, to construct the new operations control center at the Riverside Downtown Metrolink Station. The construction phase of this project is funded with a variety of sources which include Proposition 1B Public Transportation Modernization, Improvement and Service Enhancement Account (PTMISEA); Proposition 1B California Transit Security Grant Program; and Transportation Development Act State Transit Assistance funds. To date, nine construction contract change orders (CCOs) have been approved for $97,081, reducing the contingency balance to $56,308. Pending changes due to design issues, unforeseen utility conflicts, revised utility connections, and permit fees will likely require additional construction CCOs for an estimated total of $250,000. The designer has verbally agreed to pay for the costs to reconstruct a retaining wall, which represents the majority of the extra costs. Staff requests a $250,000 increase to the authorized contingency for the construction agreement with M.S. Construction Management Group to cover the cost of pending CCOs and contingency to cover any additional unforeseen work. The addition of $250,000 will increase the project contingency to 26 percent of the construction bid. Staff is also requesting an additional $50,000 in contingency for the CM contract with Abacus due to possible cost increases related to the extra construction work. Proposition 1B PTMISEA funds are available to cover these potential cost increases totaling $300,000. Agenda Item 10 23 Financial Information In Fiscal Year Budget: Yes Year: FY 2014/15 Amount: $ 300,000 Source of Funds: Proposition 1B PTMISEA Budget Adjustment: No GL/Project Accounting No.: 004018 81302 00000 0000 265 33 81301 Fiscal Procedures Approved: Date: 04/20/2015 Agenda Item 10 24 BLANK AGENDA ITEM 11 BLANK RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: April 27, 2015 TO: Western Riverside County Programs and Projects Committee FROM: Dan Mathers, Facilities Administrator THROUGH: Marlin Feenstra, Project Delivery Director SUBJECT: Amendments to Agreements with Tropical Plaza Nursery, Semilla Landscape, Morning Star Sweeping, Global Pest Solutions and Universal Protection Services for the Three New Perris Valley Line Stations and the Expansion of the Perris Transit Center to the Perris Downtown Station STAFF RECOMMENDATION: This item is for the Committee to: 1) Approve Agreement No. 11-24-145-02, Amendment No. 2 to Agreement 11-24-145-00, with Tropical Plaza Nursery for maintenance services in the amount of $101,754, plus a contingency amount of $10,175, for an additional amount of $111,929, and $500,000 for drought tolerant landscaping rehabilitation resulting in a total amount not to exceed $1,622,378; 2) Approve Agreement No. 12-24-086-01, Amendment No. 1 to Agreement 12-24-086-00, with Semilla Landscape in the amount of $102,060, plus a contingency amount of $10,206, for an additional amount of $112,266, and a total amount not to exceed $616,377; 3) Approve Agreement No. 14-24-158-01, Amendment No. 1 to Agreement 14-24-158-00, with Morning Star Sweeping in the amount of $37,080, plus a contingency amount of $3,708, for an additional amount of $40,788, and a total amount not to exceed $100,788; 4) Approve Agreement No. 11-24-046-02, Amendment No. 2 to Agreement 11-24-046-00, with Global Pest Solutions in the amount of $4,380, plus a contingency amount of $2,000, for an additional amount of $6,380, and a total amount not to exceed $21,380; 5) Approve Agreement No. 11-24-057-04, Amendment No. 4 to Agreement 11-24-057-00, with Universal Protection Services in the amount of $1,060,723, plus a contingency amount of $106,072, for an additional amount of $1,166,795, and a total amount not to exceed $7,070,895; 6) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the amendments to the agreements, on behalf of the Commission; 7) Authorize the Executive Director, or designee, to execute task orders awarded under the terms of the agreements; 8) Authorize the Executive Director or designee to approve contingency work up to the total not to exceed amount as required for the project; and Agenda Item 11 25 9) Forward to the Commission for final action. BACKGROUND INFORMATION: The Commission owns and operates five commuter rail stations – Riverside Downtown, La Sierra, North Main Corona, Pedley, and West Corona – and one transit center located in Perris. Station cleaning and grounds maintenance services as well as security services are an important component in attracting the Metrolink rider as well as preserving, maintaining, and securing the Commission’s property investments. Over the next several months, three new commuter rail stations for the Perris Valley Line project will be completed at Hunter Park, Moreno Valley/March Field, and South Perris and the Perris Transit Center will be expanded to the Perris Downtown station. Landscaping maintenance, street sweeping, janitorial, pest control, and security services will be needed at each of these new stations. Currently, these services are being provided at the existing stations by vendors selected through competitive procurements in recent years. Rather than have multiple vendors provide similar services, staff recommends adding the new stations to the existing agreements. As these agreements near expiration, including the exercise of option periods, competitive procurements will be conducted for the services. The agreements and recommended increases are presented below: Vendor Name (Agreement No.) Original Amount Recommendation for New PVL stations Total Not To Exceed Authorization Agreement Expiration, including option years Increase Contingency Tropical Plaza Nursery, Inc. (11-24-145-00) $1,010,449 $601,754 $10,175 $1,622,378 12/31/16 Semilla Landscape Corporation (12-24-086-00) 504,111 102,060 10,206 616,377 12/31/16 Morning Star Sweeping Service (14-24-158-00) 60,000 37,080 3,708 100,788 6/30/16 Global Pest Solutions (11-24-046-00) 15,000 4,380 2,000 21,380 2/15/16 Universal Protection Services (11-24-057-00) 5,904,100 1,060,723 106,072 7,070,895 10/1/16 Staff obtained cost estimates from these vendors. The cost estimates are considered fair and reasonable based upon adequate price competition under the procurement process for the original agreements and staff evaluation of current and historical costs paid by the Commission for the same or similar services. The costs for these services related to the new Perris Valley Line stations are included in the FY 2015/16 budget. In order to respond quickly to the current state water crisis, staff requests additional contract authority of $500,000 for Tropical Plaza Nursery to implement drought tolerant landscaping rehabilitation at the Commission owned stations. This authority will allow work to be Agenda Item 11 26 completed in a timely manner to meet water reduction goals. Task orders will be awarded for the landscaping improvements upon acceptance of a fair and reasonable price from Tropical Plaza Nursery. The funding for the landscaping improvements will be funded by the Proposition 1B PTMISEA grant. Financial Information In Fiscal Year Budget: Yes N/A Year: FY 2015/16 FY 2016/17 Amount: $1,627,000 $311,200 Source of Funds: Local Transportation Fund (LTF) funds; Proposition 1B PTMISEA Budget Adjustment: No N/A GL/Project Accounting No.: 244010 81006 00000 0000 103 24 81006 244020 81006 00000 0000 103 24 81006 244021 81006 00000 0000 103 24 81006 244022 81006 00000 0000 103 24 81006 004011 90701 00000 0000 265 33 90501 Fiscal Procedures Approved: Date: 04/17/2015 Attachments: 1) Draft Agreement No. 11-24-145-02 2) Draft Agreement No. 12-24-086-01 3) Draft Agreement No. 14-24-158-01 4) Draft Agreement No. 11-24-046-02 5) Draft Agreement No. 11-24-057-04 Agenda Item 11 27 BLANK 17336.00000\1514236.2 1 Agreement No. 11-24-145-02 AMENDMENT NO. 2 TO AGREEMENT FOR ROUTINE AND ON-CALL MAINTENANCE SERVICES WITH TROPICAL PLAZA NURSERY, INC. 1.PARTIES AND DATE This Amendment No. 2 to the Agreement for Routine and On-Call Landscape Maintenance Services is made and entered into as of this ______ day of ___________, 2015, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION (“Commission”) and TROPICAL PLAZA NURSERY, INC. (“Consultant”), a California corporation. 2.RECITALS 2.1 The Commission and the Consultant have entered into an agreement dated December 31, 2011, for the purpose of providing station landscape maintenance services (the "Master Agreement"). 2.2 The Commission and the Consultant have entered into an Amendment No. 1 to the Master Agreement, dated July 11, 2014, for the purpose of extending the term of the Master Agreement, providing additional compensation. 2.3 The parties now desire to amend the Master Agreement in order to extend the term of the Master Agreement, revise the Scope of Services to include the new Perris Valley Line stations and provide additional compensation for the continued provision of routine and on-call landscape maintenance services. 3.TERMS 3.1 The term of the Master Agreement shall be extended for an additional term of twelve (12) months, ending on December 31, 2016, unless earlier terminated as provided in the Master Agreement. 3.2 The Scope of Services for the Master Agreement shall be amended to include Services, as that term is defined in the Master Agreement, ATTACHMENT 1 28 17336.00000\1514236.2 2 required to provide landscape maintenance services to three additional stations as part of the Perris Valley Line project as more fully described in Exhibit "A" attached to this Amendment and incorporated herein by reference. 3.3 The maximum compensation for Services performed pursuant to this Amendment shall be One Hundred Eighty-Six Thousand Seven Hundred Seventy-Nine Dollars ($101,754). Work shall be performed at the rates set forth in the Master Agreement. 3.4 The total not-to-exceed amount of the Master Agreement, as amended by this Amendment No. 2, shall be increased from Seven Hundred Thirty- One Thousand Eight Hundred Twelve Dollars ($731,812) to Eight Thousand Thirty-Three Thousand Five Hundred Sixty-Six Dollars ($833,566). 3.5 Except as amended by this Amendment, all provisions of the Master Agreement, as amended by Amendment No. 1, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the parties under this Amendment. [Signatures on following page] 29 17336.00000\1514236.2 3 SIGNATURE PAGE TO AGREEMENT NO. 11-24-145-02 IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date first herein above written. RIVERSIDE COUNTY TROPICAL PLAZA NURSERY, TRANSPORTATION COMMISSION INC. By: _____________________________ By: _________________________ Daryl R. Busch, Chair Signature __________________________ Name __________________________ Title APPROVED AS TO FORM: By: _____________________________ Best Best & Krieger LLP Counsel to the Riverside County Transportation Commission 30 Exhibit A 17336.00000\1514236.2 EXHIBIT "A" SCOPE OF SERVICES & COMPENSATION [Attached behind this page] 31 32 BLANK 17336.00000\1514236.2 1 Agreement No. 12-24-086-01 AMENDMENT NO. 1 TO AGREEMENT FOR STATION JANITORIAL SERVICES WITH SEMILLA LANDSCAPE CORPORATION 1.PARTIES AND DATE This Amendment No. 1 to the Agreement for Station Janitorial Services is made and entered into as of this ______ day of ___________, 2015, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION (“Commission”) and SEMILLA LANDSCAPE CORPORATION, a ("Consultant"), a California corporation. 2.RECITALS 2.1 The Commission and the Consultant have entered into an agreement dated November 19, 2012 for the purpose of providing station janitorial services (the "Master Agreement"). 2.1 By letter dated January 24, 2014, Spotless Complete Services, Inc. informed the Commission that, as of January 15, 2014, Spotless Complete Services, Inc. effectuated a name change to Semilla Landscape Corporation. 2.2 The parties now desire to amend the Master Agreement in order to extend the term of the Master Agreement, revise the Scope of Services to include the new Perris Valley Line stations and provide additional compensation for the continued provision of janitorial services. 3.TERMS 3.1 The term of the Master Agreement shall be extended for an additional term of twelve months, ending on December 31, 2016, unless earlier terminated as provided in the Master Agreement. 3.2 The Scope of Services for the Master Agreement shall be amended to include Services, as that term is defined in the Master Agreement, required to provide janitorial services to three additional stations as part of ATTACHMENT 2 33 17336.00000\1514236.2 2 the Perris Valley Line project as more fully described in Exhibit "A" attached to this Amendment and incorporated herein by reference. 3.3 The maximum compensation for Services performed pursuant to this Amendment shall be One Hundred Two Thousand Sixty Dollars ($102,060), as further set forth in Exhibit "A" attached to this Amendment and incorporated herein by reference. Work shall be performed at the rates set forth in the Master Agreement. 3.4 The total not-to-exceed amount of the Master Agreement, as amended by this Amendment No. 1, shall be increased from Two Hundred Seventy Thousand Sixty Dollars ($270,060) to Three Hundred Seventy-Two Thousand One Hundred Twenty Dollars ($372,120). 3.6 The Master Agreement shall be amended to add the following as a new Section 3.40: 3.40 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 thirdparty lawsuit or other legal or administrative proceeding against the Commission during the term of this Agreement. 3.7 Except as amended by this Amendment, all provisions of the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the parties under this Amendment. [Signatures on following page] 34 17336.00000\1514236.2 3 SIGNATURE PAGE TO AGREEMENT NO. 12-24-086-01 IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date first herein above written. RIVERSIDE COUNTY SEMILLA LANDSCAPE TRANSPORTATION COMMISSION CORPORATION By: _____________________________ By: _________________________ Daryl R. Busch, Chair Signature __________________________ Name __________________________ Title APPROVED AS TO FORM: By: _____________________________ Best Best & Krieger LLP Counsel to the Riverside County Transportation Commission 35 Exhibit A 17336.00000\1514236.2 EXHIBIT "A" SCOPE OF SERVICES & COMPENSATION [Attached behind this page] 36 37 38 39 40 41 42 17336.00000\1514236.2 1 Agreement No. 14-24-158-01 AMENDMENT NO. 1 TO AGREEMENT FOR STATION STREET SWEEPING SERVICES WITH MORNING STAR SWEEPING SERVICES, INC 1.PARTIES AND DATE This Amendment No. 1 to the Agreement for Station Street Sweeping Services is made and entered into as of this ______ day of ___________, 2015, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION (“Commission”) and MORNING STAR SWEEPING SERVICES, INC., a ("Consultant"), a California Corporation. 2.RECITALS 2.1 The Commission and the Consultant have entered into an agreement dated July 1, 2014 for the purpose of providing street sweeping services (the "Master Agreement"). 2.2 The parties now desire to amend the Master Agreement in order to extend the term of the Master Agreement, revise the Scope of Services to include the new Perris Valley Line stations, and provide additional compensation for continued provision of routine street sweeping services. 3.TERMS 3.1 The term of the Master Agreement shall be extended for an additional term of twelve months, ending on June 30, 2017, unless earlier terminated as provided in the Master Agreement. 3.2 The Scope of Services for the Master Agreement shall be amended to include Services, as that term is defined in the Master Agreement, required to provide street sweeping services to three additional stations as part of the Perris Valley Line project as more fully described in Exhibit "A" attached to this Amendment and incorporated herein by reference. 3.3 The maximum compensation for Services performed pursuant to this Amendment shall be Thirty-Seven Thousand Eighty Dollars ($37,080), as ATTACHMENT 3 43 17336.00000\1514236.2 2 further set forth in Exhibit "A" attached to this Amendment and incorporated herein by reference. Work shall be performed at the rates set forth in the Master Agreement. 3.4 The total not-to-exceed amount of the Master Agreement, as amended by this Amendment No. 1, shall be increased from Sixty Thousand Dollars ($60,000) to Ninety-Seven Thousand Eighty Dollars ($97,080). 3.5 Except as amended by this Amendment, all provisions of the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the parties under this Amendment. [Signatures on following page] 44 17336.00000\1514236.2 3 SIGNATURE PAGE TO AGREEMENT NO. 14-24-158-01 IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date first herein above written. RIVERSIDE COUNTY MORNING STAR SWEEPING TRANSPORTATION COMMISSION SERVICES, INC By: _____________________________ By: _________________________ Daryl R. Busch, Chair Signature __________________________ Name __________________________ Title APPROVED AS TO FORM: By: _____________________________ Best Best & Krieger LLP Counsel to the Riverside County Transportation Commission 45 Exhibit A 17336.00000\1514236.2 EXHIBIT "A" SCOPE OF SERVICES & COMPENSATION [Attached behind this page] 46 47 BLANK 17336.00000\1514236.2 1 Agreement No. 11-24-046-02 AMENDMENT NO. 2 TO AGREEMENT FOR PEST CONTROL SERVICES WITH GLOBAL PEST SOLUTIONS 1.PARTIES AND DATE This Amendment No. 2 to the Agreement for Pest Control Services is made and entered into as of this ______ day of ___________, 2015, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION (“Commission”) and NCS ENTERPRISES, INC. d/b/a GLOBAL PEST SOLUTIONS ("Consultant"), a California corporation. 2.RECITALS 2.1 The Commission and the Consultant have entered into an agreement dated February 7, 2011 for the purpose of providing pest control services (the "Master Agreement"). 2.2 The Commission and the Consultant have entered into an Amendment No. 1 to the Master Agreement, dated February 15, 2014, for the purpose of extending the term. 2.3 The parties now desire to amend the Master Agreement in order to extend the term of the Master Agreement, revise the Scope of Services to include the new Perris Valley Line stations and provide additional compensation for the continued provision of pest control services. 3.TERMS 3.1 The term of the Master Agreement shall be extended for an additional term of twelve (12) Months, ending on February 15, 2016, unless earlier terminated as provided in the Master Agreement. 3.2 The Scope of Services for the Master Agreement shall be amended to include Services, as that term is defined in the Master Agreement, ATTACHMENT 4 48 17336.00000\1514236.2 2 required to provide pest control services to three additional stations as part of the Perris Valley Line project as more fully described in Exhibit "A" attached to this Amendment and incorporated herein by reference. 3.3 The maximum compensation for Services performed pursuant to this Amendment shall be Six Thousand Three Hundred Eighty Dollars ($6,380). Work shall be performed at the rates set forth in the Master Agreement. 3.4 The total not-to-exceed amount of the Master Agreement, as amended by this Amendment No. 2, shall be increased from Fifteen Thousand Dollars ($15,000) to Twenty-One Thousand Three Hundred Eighty Dollars ($21,380). 3.5 Except as amended by this Amendment, all provisions of the Master Agreement, as amended by Amendment No. 1, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the parties under this Amendment. [Signatures on following page] 49 3 17336.00000\1514236.2 SIGNATURE PAGE TO AGREEMENT NO. 11-24-046-02 IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date first herein above written. RIVERSIDE COUNTY GLOBAL PEST SOLUTIONS TRANSPORTATION COMMISSION By: _____________________________ By: _________________________ Daryl R. Busch, Chair Signature __________________________ Name __________________________ Title APPROVED AS TO FORM: By: _____________________________ Best Best & Krieger LLP Counsel to the Riverside County Transportation Commission 50 4 17336.00000\1514236.2 EXHIBIT "A" SCOPE OF SERVICES & COMPENSATION [Attached behind this page] 51 52 53 17336.00000\1514236.2 1 Agreement No. 11-24-057-04 AMENDMENT NO. 4 TO TO THE SECURITY GUARD SERVICES AGREEMENT WITH UNIVERSAL PROTECTION SERVICE, LP 1.PARTIES AND DATE This Amendment No. 3 to the Agreement for Security Guard Services is made and entered into as of this ______ day of ___________, 2015, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION (“Commission”) and UNIVERSAL PROTECTION SERVICE, LP, a ("Contractor”). 2.RECITALS 2.1 The Commission and the Contractor entered into an agreement dated September 19, 2011 for the purpose of providing security services for the Commission's Commuter Rail Stations (the "Master Agreement"). 2.2 The Commission and the Contractor entered into an Amendment No. 1 to the Master Agreement dated March 6, 2012 for the purpose of revising Section 3.12.4, Insurance Endorsements, to include SCRRA as an additional insured, and Section 3.21, Indemnification, to include SCRRA as an indemnified party. 2.3 The Commission and the Contractor entered into an Amendment No. 2 to the Master Agreement dated November 14, 2013 for the purpose of changing the designated labor classification from "Supervisor" to "Director of Security" for year 3 of the Master Agreement, and for option years 4 and 5 of the Master Agreement. 2.4 The Commission and the Contractor entered into an Amendment No. 3 to the Master Agreement dated July 25, 2014 for the purpose of revising the Detailed Cost Schedule to increase labor classification rates, include the Perris Transit Center, Cy-Cop Tracking System and provide additional compensation. 2.5 The parties now desire to amend the Master Agreement order to extend the term of the Master Agreement, revise the Scope of Services to include the new Perris Valley Line stations and provide additional compensation for the continued provision of station security services. ATTACHMENT 5 54 17336.00000\1514236.2 2 3.TERMS 3.1 The term of the Master Agreement shall be extended for an additional term of twelve (12) months, ending on October 1, 2016, unless earlier terminated as provided in the Master Agreement. 3.2 The Scope of Services for the Master Agreement shall be amended to include Services, as that term is defined in the Master Agreement, required to provide station security services to three additional stations as part of the Perris Valley Line project as more fully described in Exhibit "A" attached to this Amendment and incorporated herein by reference. 3.3 The maximum compensation for Services performed pursuant to this Amendment shall be Two Million Five Hundred Eight Thousand Sux Hundred Ninety Dollars ($2,508,690). Work shall be performed at the rates set forth in the Master Agreement. 3.4 The total not-to-exceed amount of the Master Agreement, as amended by this Amendment No. 4, shall be increased from Four Million Four Hundred Fifty-Six Thousand One Hundred Thirty-Three Dollars ($4,456,133) to Six Million Nine Hundred Sixty-Four Thousand Eight Hundred Twenty-Three Dollars ($6,964,823). 3.5 Except as amended by this Amendment, all provisions of the Master Agreement, as amended by Amendment No. 1, 2 and 3, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the parties under this Amendment. [Signatures on following page] 55 17336.00000\1514236.2 3 SIGNATURE PAGE TO AGREEMENT NO. 11-24-057-04 IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date first herein above written. RIVERSIDE COUNTY UNIVERSAL PROTECTION TRANSPORTATION COMMISSION SERVICE, LP By: _____________________________ By: _________________________ Anne Mayer, Executive Director Signature __________________________ Name __________________________ Title APPROVED AS TO FORM: By: _____________________________ Best Best & Krieger LLP Counsel to the Riverside County Transportation Commission 56 Exhibit A 17336.00000\1514236.2 EXHIBIT "A" SCOPE OF SERVICES & COMPENSATION [Attached behind this page] 57 58 59 60 61 62 BLANK AGENDA ITEM 12 BLANK RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: April 27, 2015 TO: Western Riverside County Programs and Projects Committee FROM: Dan Mathers, Facilities Administrator THROUGH: Marlin Feenstra, Project Delivery Director SUBJECT: Amendment to Agreement with Fibertronics for Closed Circuit Television Capital Improvements and Station Maintenance Services STAFF RECOMMENDATION: This item is for the Committee to: 1) Approve Agreement No. 13-24-066-01, Amendment No. 1, to Agreement No. 13-24-066- 00 with Fibertronics, Inc. (Fibertronics) for commuter rail station Closed Circuit Television (CCTV) security system installation, maintenance, and repair services at the three new Perris Valley Line stations, and capital improvements at the six existing commuter rail stations, in the amount of $79,200 for CCTV maintenance, $67,500 for repairs, and $500,000 for capital improvements, plus a contingency amount of $32,335, for an additional amount of $679,035, and a total amount not to exceed $1,293,605; 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the amendment to the agreement on behalf of the Commission; 3) Authorize the Executive Director, or designee, to execute task orders awarded under the terms of the agreement; 4) Authorize the Executive Director or designee to approve contingency work up to the total not to exceed amount as required for the project; and 5) Forward to the Commission for final action. BACKGROUND INFORMATION: At its April 10, 2013 meeting, the Commission approved Agreement No. 13-24-066-00 with Fibertronics to provide CCTV security system maintenance, repairs, and capital improvements for the five commuter rail stations owned and operated by the Commission – Downtown Riverside, La Sierra, Pedley, North Main Corona, West Corona – and Perris Transit Center for a three-year term, and two one-year options to extend the agreement, in an amount not to exceed $614,570. At that meeting, staff noted it would return to the Commission to seek an amendment to the agreement to fund certain CCTV capital improvements to be funded by the Proposition 1B California Transit Security Grant Program (CTSGP). Three new stations will be completed in the coming months as part of the Perris Valley Line commuter rail extension project. Therefore, staff recommends the addition of maintenance services, repair services, and capital improvements for the three new stations at South Perris, Agenda Item 12 63 Moreno Valley/March Field, and Riverside Hunter Park, capital improvements for the operations control center; and upgrading the Commission’s CCTV system to current industry standards. Staff obtained cost estimates for maintenance and repair services totaling $146,700 for the three new stations from Fibertronics. The estimates are considered fair and reasonable based upon adequate price competition under the Commission’s approved procurement process for the initial agreement and staff evaluation of current and historical costs paid by the Commission for the same or similar services. Staff recommends a 5 percent contingency, or $7,335, for unforeseen maintenance and repairs, resulting in an additional provision of $154,035 to the Fibertronics agreement related to maintenance and repairs. The maintenance and repairs will be funded by Local Transportation Fund funds. In regard to the CCTV-related capital improvements at the three new stations, the operations control center, and system upgrades, staff recommends authorization to increase the Fibertronics agreement for estimated costs of up to $500,000 plus a 5 percent contingency, or $25,000, for a total amount not to exceed $525,000. Task orders will be awarded for the capital improvements upon acceptance of a fair and reasonable price from Fibertronics. The CCTV- related capital improvements will be funded by the Proposition 1B CTSGP. These CCTV maintenance and repairs as well as capital improvements have been included in the FY 2015/16 budget. Financial Information In Fiscal Year Budget: Yes N/A Year: FY 2015/16 FY 2016/17+ Amount: $576,235 $102,800 Source of Funds: Local Transportation Fund funds (repairs and maintenance); Proposition 1B CTSGP security funds Budget Adjustment: No N/A GL/Project Accounting No.: 244001 73301/73315 00000 0000 103 24 73301 244002 73301/73315 00000 0000 103 24 73301 244003 73301/73315 00000 0000 103 24 73301 244004 73301/73315 00000 0000 103 24 73301 244006 73301/73315 00000 0000 103 24 73301 244010 73301/73315 00000 0000 103 24 73301 244020 73301/73315 00000 0000 103 24 73301 244021 73301/73315 00000 0000 103 24 73301 244022 73301/73315 00000 0000 103 24 73301 004012 90601 00000 0000 265 33 90101 Fiscal Procedures Approved: Date: 04/20/2015 Attachment: Draft Agreement No. 13-24-066-01 Agenda Item 12 64 17336.00000\1514236.2 1 Agreement No. 13-24-066-01 AMENDMENT NO. 1 TO AGREEMENT FOR CLOSED CIRCUIT TELEVISION SYSTEMS MAINTENANCE SERVICES FOR METROLINK STATIONS WITH FIBERTRONICS, INC. 1. PARTIES AND DATE This Amendment No. 1 to the Agreement for Closed Circuit Television ("CCTV") System Maintenance Services is made and entered into as of this ______ day of ___________, 2015, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION (“Commission”) and FIBERTRONICS, INC., a California corporation ("Consultant"). 2. RECITALS 2.1 The Commission and the Consultant have entered into an agreement dated May 29, 2013 for the purpose of providing CCTV system maintenance services (the "Master Agreement"). 2.2 The parties now desire to amend the Master Agreement in order to revise the Scope of Services to include the new Perris Valley Line stations and provide additional compensation for the continued provision of CCTV system maintenance services. 3. TERMS 3.1 The Scope of Services for the Master Agreement shall be amended to include Services, as that term is defined in the Master Agreement, required to provide CCTV system maintenance services to three additional stations as part of the Perris Valley Line project as more fully described in Exhibit "A" attached to this Amendment and incorporated herein by reference. 3.2 The maximum compensation for Services performed pursuant to this Amendment shall be in the amount of Seventy-Nine Thousand Two Hundred Dollars ($79,200) for CCTV maintenance, Sixty-Seven Thousand Five Hundred Dollars ($67,500) for repairs, and Five Hundred Thousand Dollars $500,000 for capital improvements, for a not to exceed amount of 65 17336.00000\1514236.2 2 Six Hundred Forty-Six Thousand Seven Hundred Dollars ($646,700). Work shall be performed at the rates set forth in the Master Agreement. 3.3 The total not-to-exceed amount of the Master Agreement, as amended by this Amendment No. 1, shall be increased from Four Hundred Fifty-One Thousand Twenty-Three Dollars ($451,023) to One Million Ninety-Seven Thousand Seven Hundred Twenty-Three Dollars ($1,097,723) 3.4 Except as amended by this Amendment, all provisions of the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the parties under this Amendment. [Signatures on following page] 66 17336.00000\1514236.2 3 SIGNATURE PAGE TO AGREEMENT NO. 13-24-066-01 IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date first herein above written. RIVERSIDE COUNTY FIBERTRONICS, INC. TRANSPORTATION COMMISSION By: _____________________________ By: _________________________ Daryl R. Busch, Chair] Signature __________________________ Name __________________________ Title APPROVED AS TO FORM: By: _____________________________ Best Best & Krieger LLP Counsel to the Riverside County Transportation Commission 67 Exhibit A 17336.00000\1514236.2 EXHIBIT "A" SCOPE OF SERVICES & COMPENSATION [Attached behind this page] 68 69 70 71 72 AGENDA ITEM 13 BLANK RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: April 27, 2015 TO: Western Riverside County Programs and Projects Committee FROM: Jillian Guizado, Staff Analyst Brian Cunanan, Commuter and Motorist Assistance Manager THROUGH: Robert Yates, Multimodal Services Director SUBJECT: Agreements for Freeway Service Patrol Tow Truck Service STAFF RECOMMENDATION: This item is for the Committee to: 1) Award Agreement No. 15-45-060-00 to Airport Mobil Towing (Airport Mobil) for Freeway Service Patrol (FSP) tow truck services on Interstate 15 Beat No. 25 for a three- year term, plus two one-year options to extend the agreement, for a total amount not to exceed $1,927,000; and 2) Award Agreement No. 15-45-061-00 to Pepe’s Towing (Pepe’s) for FSP tow truck services on Interstate 15 Beat No. 26 for a three-year term, plus two one-year options to extend the agreement, for a total amount not to exceed $1,291,000; and 3) Forward to the Commission for final action. BACKGROUND INFORMATION: In 1986, the Commission established itself as the Riverside County Service Authority for Freeway Emergencies (RC SAFE) after the enactment of SB 1199 in 1985. The purpose of the formation of SAFEs in California was to provide call box services and, with excess funds, provide additional motorist aid services. Funding for RC SAFE is derived from a one dollar per vehicle registration fee on vehicles registered in Riverside County. Initially, these funds were used only for the call box program. As additional motorist aid services were developed, SAFE funds were also used to provide FSP and the Inland Empire 511 traveler information services as part of a comprehensive motorist aid system in Riverside County. In 1990, Proposition C was passed to fund transportation improvements and to help reduce traffic congestion in California. From this, the FSP program was created by Caltrans, which developed the corresponding Local Funding Allocation Plan to distribute funds to participating jurisdictions. In addition to funding received from Caltrans, agencies are required to contribute a 25 percent local match. For the Commission, SAFE revenues are used to meet this match requirement. Agenda Item 13 73 The Commission, acting in its capacity as the SAFE, is the principal agency in Riverside County, in partnership with Caltrans and the California Highway Patrol (CHP), managing the FSP program. The purpose of the FSP program is to provide a continuously roving tow services patrol along designated freeway segments (referred to as beats) to relieve freeway congestion and facilitate the rapid removal of disabled vehicles and those involved in minor accidents on local freeways. Contracts to provide FSP tow service are competitively bid as needed for each beat. Currently, the Commission contracts with four tow truck operators to provide service on a total of nine beats Monday through Friday during the peak commute hours, 5:30 a.m. to 8:30 a.m. and 2:30 p.m. (12:30 p.m. on Fridays) to 6:30 p.m. In Fiscal Year 2013/14, FSP performed over 44,000 assists. Beat Beat Description Number of Assists 1 SR-91 Orange County line to Lincoln Avenue 5,338 2 SR-91 Lincoln Avenue to Magnolia Avenue 3,270 4 SR-91 Magnolia Avenue to 60/91/215 Interchange 5,816 7 SR-60 Milliken Street to Main Street 5,712 8 SR-60/215 Interchange to Theodore Street 3,031 18 I-215 Riverside County line to Alessandro Blvd. 6,564 19 I-215 Alessandro Blvd. to SR-74/4th Street 4,364 25 I-15 Hidden Valley Parkway to SR-60/I-15 Interchange 5,363 26 I-15 Hidden Valley Parkway to Temescal Canyon Road 4,618 TOTAL ASSISTS 44,076 DISCUSSION: Staff sought a competitive solution to award tow service contracts to qualified firms for Beat Nos. 25 and 26, two of the nine total beats administered by the Commission. Beat No. 25 operates on Interstate 15 from the San Bernardino County line to Hidden Valley Parkway and requires the use of three tow trucks during normal service hours. Beat No. 26 operates on Interstate 15 from Hidden Valley Parkway to Temescal Canyon Road, which requires the use of two tow trucks during normal service hours. Procurement Process Staff determined the weighted factor method of source selection to be the most appropriate for this procurement as it allows the Commission to identify the most advantageous proposal with price and other factors considered. Non-price elements of the evaluation criteria included experience, the relative qualifications of the firms, proposed work plan, and the proposer’s ability to respond to the requirements set forth under the terms of the Request for Proposals (RFP) No. 15-45-060-00. Agenda Item 13 74 RFP No. 15-45-060-00 for FSP services was released by staff on February 19, 2015. 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 four firms, two of which are located in Riverside County. Additionally, the Commission sent out 92 postcards to firms who have previously expressed interest in tow services and/or are on the current CHP rotational tow lists. Of the 92, 31 are located in Riverside County. Through the PlanetBids site, 10 firms downloaded the RFP; five of these firms are located in Riverside County. A pre-bid conference was held on March 4, 2015, and was attended by three firms, two of which are local to Riverside County. Staff responded to all questions submitted by potential proposers prior to the March 10 clarification deadline date. Prior to the proposal submittal deadline on March 24 at 2:00 p.m., two responsive and responsible firms – Airport Mobile (Ontario) and Pepe’s (Riverside) – submitted proposals in response to the RFP for services on Beat No. 25. One responsive and responsible firm, Pepe’s, submitted a proposal in response to the RFP for services on Beat No. 26. Since staff received one proposal for the Beat No. 26, it reviewed the solicitation specifications for undue restrictiveness and surveyed potential sources that chose not to submit a proposal. Reasons for not submitting a proposal include the distance between the beat and the yard, technical difficulties, and inability to take on additional commitments at this time. Staff concluded that the requirements listed in the scope of work and other terms and conditions were not unnecessarily or excessively restrictive, an adequate opportunity to compete was provided, and factors other than the solicitation were responsible for the receipt of one proposal for Beat No. 26. An evaluation committee comprised of representatives from the CHP Inland Division, San Bernardino Associated Governments, and the Commission evaluated each proposal in accordance with the evaluation criteria set forth in the RFP. On April 7, 2015, the evaluation committee performed site visits and interviewed both of the proposing firms. Accordingly, the evaluation committee provided final scoring based on a comprehensive evaluation of each firm’s written proposal and interview. Beat No. 25 Proposals submitted in response to Beat No. 25 were scored by the evaluation committee based upon the criteria set forth in the RFP. The two firms submitted hourly rates for tow services for the initial three-year term that ranged from a low of $64.00 per hour to a high of $64.71 per hour. The all-inclusive hourly service rate for this beat, as well as the rate for Beat No. 26, includes all direct costs (e.g., fuel, labor, equipment), indirect costs (e.g., fringe benefits, overhead), and profit to provide the subject services. The overall rankings, inclusive of pricing, listed from highest to lowest total evaluation score for Beat No. 25 are as follows: Agenda Item 13 75 Firm Hourly Rate Overall Ranking Airport Mobil Towing $64.00 1 Pepe’s Towing $64.71 2 As a result of the completion of the evaluation process, the evaluation committee recommends contract award to Airport Mobil for Beat No. 25 for a three-year term at a fixed hourly rate of $64.00, with two one-year options to extend the agreement at a fixed hourly rate of $64.96, as this firm earned the highest total evaluation score. Beat No. 26 Pepe’s is the only firm that submitted a responsive and responsible proposal in response to the RFP for services on Beat No. 26. The proposal was scored by the evaluation committee based upon the criteria set forth in the RFP. Pepe’s proposed hourly rate for tow services is $64.71. Based on the overall score according to the evaluation criteria listed in the RFP, the evaluation committee recommends Pepe’s for award of Beat No. 26 for a three-year term, with two one- year options at a fixed hourly rate of $64.71 through the entire term of the agreement. Pepe’s has been providing FSP in Riverside County for over 15 years and is currently providing service on five Riverside FSP beats, including Beat No. 26. Pepe’s has performed satisfactorily and has a good working relationship with staff. CONCLUSION: Staff is recommending Airport Mobil for award of Beat No. 25 and Pepe’s for Beat No. 26 based on the evaluation process discussed. The proposed all-inclusive hourly rates from Airport Mobil for Beat No. 25 and Pepe’s for Beat No. 26 is considered fair and reasonable based upon adequate price competition under the RFP process. Staff recommends the award of Agreement No. 15-45-060-00 to Airport Mobil for FSP tow truck services on Beat No. 25 in an amount not to exceed $1,927,000 and Agreement No. 15-45-061- 00 to Pepe’s for FSP tow truck services on Beat No. 26 in an amount not to exceed $1,291,000. The Commission’s standard form FSP services agreement will be entered into for each beat subject to any changes pursuant to legal counsel review. Agenda Item 13 76 Financial Information In Fiscal Year Budget: Yes N/A Year: FY 2015/16 FY 2016/17+ Amount: $ 525,000 $ 2,693,000 Source of Funds: State of California, SAFE Contribution from Department of Motor Vehicle Fees Budget Adjustment: No N/A GL/Project Accounting No.: 002173 81014 00000 0110 201 45 81002 Fiscal Procedures Approved: Date: 04/16/2015 Attachment: Standard Form FSP Services Agreement Agenda Item 13 77 BLANK MODEL CONTRACT FORM Agreement No. 15-45-060-00 RIVERSIDE COUNTY TRANSPORTATION COMMISSION, ACTING AS THE RIVERSIDE COUNTY SERVICE AUTHORITY FOR FREEWAY EMERGENCIES, FOR FREEWAY SERVICE PATROL FOR BEAT # X WITHIN RIVERSIDE COUNTY WITH [___CONTRACTOR___] 1. PARTIES AND DATE. 1.1 This Agreement is made and entered into as of _____day of _________, 2015, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION (“COMMISSION”) acting as the RIVERSIDE COUNTY SERVICE AUTHORITY FOR FREEWAY EMERGENCIES (“SAFE”) and [NAME OF FIRM], a [LEGAL STATUS OF CONTRACTOR e.g., CORPORATION] (referred to herein as “CONTRACTOR”). SAFE and CONTRACTOR are sometimes individually referred to herein as “Party” and collectively as “Parties”. 1.2 The California Highway Patrol herein referred to as “CHP” and California Department of Transportation, herein referred to as “Caltrans” are hereby expressly designated as third-party beneficiaries of CONTRACTOR’s performance under this Agreement. 2. RECITALS. 2.1 WHEREAS, COMMISSION is a California County Transportation Commission existing under the authority of Section 130050 et seq. of the California Public Utilities Code; 2.2 WHEREAS, COMMISSION is authorized, pursuant to Section 2550 et seq. of the California Streets and Highways Code, to act as SAFE for purposes of providing a motorist aid system, including provision of freeway service patrols; 2.3 WHEREAS, SAFE requires the services of a CONTRACTOR to provide the freeway service patrol professional services as described in the Scope of Services; 2.4 WHEREAS, SAFE has determined that CONTRACTOR is best qualified to perform the required services; 2.5 WHEREAS, the CONTRACTOR is able and willing to perform the required services under the terms and conditions of this Contract; APPENDIX B - 1 78 2.6 WHEREAS, COMMISSION is the short range transportation planning agency for Riverside County, and programs federal, state, and local funds. COMMISSION has entered into a Memorandum of Understanding with Caltrans and CHP to fund peak period freeway service patrols on selected freeway segments in Riverside County; and 2.7 WHEREAS, Section 21718 (a) of the California Vehicle Code specifically authorized CHP to be responsible for freeway service patrols stopping on freeways for the purpose of rapid removal of impediments to traffic. Article 3, Section 91, of the Streets and Highways Code, states that Caltrans has responsibility to improve and maintain the state highways. Caltrans also has the responsibility for traffic management and removing impediments from the highways. NOW, THEREFORE, for the consideration hereinafter stated, SAFE and CONTRACTOR agree as follows: 3. TERMS. 3.1 General Scope of Services. The purpose of the Freeway Service Patrol (“FSP”) program is to provide for the rapid removal of disabled vehicles and vehicles involved in minor accidents from the freeway. Contractor promises and agrees to furnish to SAFE all labor materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately provide the FSP services ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state, and federal laws, rules and regulations, and the SOP manual (as defined below). 3.1.1. Contract Oversight. Caltrans and CHP will jointly oversee the Services. Both agencies will have responsibility for overseeing Service performance and ensuring that the CONTRACTOR abides by the terms of this Contract. CHP is responsible for dispatch services to incident locations within the CONTRACTOR’s patrol limits. The dispatching will be done in accordance with this Contract. A Standard Operating Procedures (“SOP”) manual will be given to the CONTRACTOR explaining the types of incidents to which his/her operators may be dispatched. 3.1.2 Beat Descriptions. The FSP will operate on selected freeway segments referred to herein as “beats”. Each beat has specific turnaround locations and designated drop locations identified by the CHP. Exhibit “A” shows the specific limits, number of tow trucks, number of back-up trucks and hours of operation, and holidays for the CONTRACTOR’s specific beat. SAFE reserves the right to add or delete holidays to the work schedule, provided that SAFE provides CONTRACTOR seven (7) days advanced notice of such addition or deletion. Travel time to and from the beat will be at the expense of the CONTRACTOR. APPENDIX B - 2 79 3.1.3 Change Orders. At any time during the term of this Contract, SAFE reserves the right to adjust beat specifications to better accommodate demand for the Services, at no cost to SAFE. SAFE may direct such adjustments during the course of this Contract through written change orders, signed by SAFE, setting forth any changes to Exhibit “A”. Changes may include a change of the specified beat(s) to other beats that SAFE determines better serve the needs of SAFE, as well as changes to schedules and hours for the beats set forth in Exhibit “A”. If warranted, as determined in SAFE’s sole discretion, and during the hours of operation of the Services, the CONTRACTOR may be requested to temporarily reassign his/her FSP operators/trucks to locations outside the assigned beat. Such reassignments shall be at no cost to SAFE. 3.1.4. The SOP Manual. To promote a safe work environment and for the maintenance of professionalism, the most current version of the SOP manual shall, at all times, be followed by the CONTRACTOR and its vehicle operators. The SOP manual, as such manual may from time to time be amended, is incorporated into this Contract by reference. CONTRACTOR shall be notified and provided with a copy of any changes to the SOP manual. Drivers found not to be in compliance with FSP procedures, as set forth in the SOP manual or this Contract, may be suspended or terminated from the FSP program and the CONTRACTOR may be fined three (3) times the hourly Contract rate in one (1) minute increments until a replacement vehicle is provided (Driver and Truck must return to beat compliant with all FSP requirements), or fined for the entire shift at three (3) times the hourly rate at the discretion of the FSP Field Supervisors. 3.2 Equipment Requirements. CONTRACTOR shall comply with all equipment requirements outlined in the attached Exhibit “A”. 3.3 Commencement of Services. The CONTRACTOR shall commence work upon receipt of a written Notice to Proceed from SAFE. 3.4 Term. The term of this Contract shall be from January 1, 2014 (“Effective Date”) through December 31, 2016 unless earlier terminated as provided herein. SAFE, at its sole discretion, may renew this Contract for a total of two (2) separate one year terms, based on the option-year rates. SAFE shall also have the right to renew this Contract from one month up to a one year term after the initial term by providing notice as provided below. SAFE must provide written notice to CONTRACTOR no less than ninety (90) days prior to the end of the applicable term, indicating its renewal of the Contract. CONTRACTOR shall complete the Services within the term of this Contract, and shall meet any other established schedules and deadlines. All applicable indemnification provisions of this Contract shall remain in effect following the termination of this Contract. If SAFE, at its sole discretion, renews this Contract for one or both of the additional separate one year terms as provided, the option-year rates shall be as follows: SCHEDULE OF HOURLY RATES Classification Option Year 1 Hourly Rate Option Year 2 Hourly Rate APPENDIX B - 3 80 Contract $_X per hour $_ X per hour 3.5 SAFE's Representative. SAFE hereby designates the SAFE Executive Director or his or her designee, to act as its Representative for the performance of this Contract ("SAFE’s Representative"). SAFE’s Representative shall have the authority to act on behalf of SAFE for all purposes under this Contract. SAFE's Representative shall also review and give approval, as needed, to the details of CONTRACTOR's work as it progresses. CONTRACTOR shall not accept direction or orders from any person other than the SAFE’s Representative or his or her designee. 3.6 CONTRACTOR’S Representative. CONTRACTOR hereby designates [INSERT NAME, TITLE], to act as its representative for the performance of this Contract ("CONTRACTOR’s Representative"). CONTRACTOR’s Representative shall have full authority to act on behalf of CONTRACTOR for all purposes under this Contract. The CONTRACTOR’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Contract. CONTRACTOR shall work closely and cooperate fully with SAFE's Representative and any other agencies which may have jurisdiction over or an interest in the Services. CONTRACTOR's Representative shall be available to the SAFE staff at all reasonable times. Any substitution in CONTRACTOR's Representative shall be approved in writing by SAFE's Representative. 3.7 Substitution of Key Personnel. CONTRACTOR has represented to SAFE that certain key personnel will perform and coordinate the Services under this Contract. Should one or more of such personnel become unavailable, CONTRACTOR may substitute other personnel of at least equal competence upon written approval by SAFE’s Representative. In the event that SAFE’s Representative and CONTRACTOR cannot agree as to the substitution of the key personnel, SAFE shall be entitled to terminate this Contract for cause, pursuant to the provisions of Section 3.15. The key personnel for performance of this Contract are: [LIST NAMES AND TITLES]. 3.7.1 Availability of FSP Manager. Except in the case of unpreventable circumstances, the FSP Manager must be available at the CONTRACTOR’s office for at least 50% of each Work Day to address time sensitive issues related to this Contract or the Services, including, but not limited to, FSP administrative responsibilities; SAFE, CHP, and Caltrans requests; driver matters; and truck maintenance issues. CONTRACTOR shall, within 24 hours, notify SAFE of each circumstance causing the FSP Manager not to be available as required herein. As used in this section, the term “Work Day” shall mean and refer to any day that FSP service is provided, during those hours of operation for Construction FSP as identified on the attached Exhibit “A-1”. 3.8 Review of Work and Deliverables. All reports, working papers, and similar work products prepared for submission in the course of providing Services under this Contract may be required to be submitted to SAFE's Representative in draft form, and SAFE’s Representative may require revisions of such drafts prior to formal submission and approval. APPENDIX B - 4 81 In the event that SAFE's Representative, in his or her sole discretion, determines the formally submitted work product to be inadequate, SAFE's Representative may require CONTRACTOR to revise and resubmit the work at no cost to SAFE. Upon determination by SAFE that CONTRACTOR has satisfactorily completed the Services required under this Contract and within the term set forth in Section 3.4, SAFE shall give CONTRACTOR a written Notice of Final Completion. Upon receipt of such notice, CONTRACTOR shall incur no further costs hereunder, unless otherwise specified in the Notice of Completion. CONTRACTOR may request issuance of a Notice of Final Completion when, in its opinion, it has satisfactorily completed all Services required under the provisions of this Contract. 3.9 Appearance at Hearings. If and when required by SAFE, CONTRACTOR shall render assistance at public hearings or other meetings related to the performance of the Services. 3.10 Standard of Care: Licenses. CONTRACTOR represents and maintains that it is skilled in the professional calling necessary to perform all Services, duties and obligations required by this Contract. CONTRACTOR shall perform the Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. CONTRACTOR warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. CONTRACTOR further represents and warrants to SAFE that its employees and subcontractors have all licenses, permits, qualifications (including medical certification) and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Contract. CONTRACTOR shall perform, at its own cost and expense and without reimbursement from SAFE, any services necessary to correct errors or omissions which are caused by the CONTRACTOR’s failure to comply with the standard of care provided for herein, and shall be fully responsible to SAFE for all damages and other liabilities provided for in the indemnification provisions of this Contract arising from the CONTRACTOR’s errors and omissions. Any employee of CONTRACTOR or its subcontractors who is determined by SAFE to be uncooperative, incompetent, a threat to the adequate or timely completion of the Services, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to SAFE, shall be promptly removed from performing the Services by the CONTRACTOR and shall not be re-employed to perform any of the Services. 3.11 Opportunity to Cure. SAFE may provide CONTRACTOR an opportunity to cure, at CONTRACTOR's expense, all errors and omissions which may be disclosed during performance of the Services. Should CONTRACTOR fail to make such correction in a timely manner, such correction may be made by SAFE, and the cost thereof charged to CONTRACTOR. 3.12 Inspection of Work. CONTRACTOR shall allow SAFE's Representative to inspect or review CONTRACTOR's performance of Services in progress at any time. SAFE/Caltrans/CHP also reserves the right to audit all paperwork demonstrating that APPENDIX B - 5 82 CONTRACTOR participates in an employee alcohol/drug-testing program and the DMV Pull Notice Program. 3.13 Laws and Regulations. CONTRACTOR shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Services, including all Cal/OSHA requirements, and shall give all notices required by law. CONTRACTOR shall be solely liable for all violations of such laws and regulations in connection with Services. If the CONTRACTOR performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to SAFE, CONTRACTOR shall be solely responsible for all costs arising therefrom. CONTRACTOR shall defend, indemnify and hold SAFE, their officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.14 Damage Complaints. Upon receiving a damage complaint from a motorist assisted by the CONTRACTOR, that the CONTRACTOR damaged their vehicle while lending assistance, the CONTRACTOR shall notify CHP immediately regarding the nature of the damage complaint and its disposition. The CONTRACTOR shall reply to the motorist by telephone within twenty-four (24) hours of receiving the damage complaint notification. If necessary, the CONTRACTOR shall send either his or her authorized representative or his or her insurance company representative to inspect the vehicle and complete an incident report within forty-eight (48) hours after receiving the damage complaint. If the investigation shows that damage to the vehicle could have been caused by the CONTRACTOR, the CONTRACTOR shall negotiate in good faith to try and resolve the issue and shall report to the CHP the result of the negotiations. All complaints shall be resolved within a reasonable period of time after being received. 3.14.1 Complaint Review Committee. The FSP Technical Advisory Committee (“FSP TAC”) is composed of voting members from CHP, SAFE and Caltrans. Voting members of the FSP TAC are hereby designated as the members of the Damage Complaint Review Committee (“DCRC”). If the DCRC finds that justifiable complaints are not resolved within a reasonable time frame, it can recommend that payment to the CONTRACTOR in the amount of the damage claim may be deducted from the CONTRACTOR’s monthly invoice. 3.15 Termination. 3.15.1 Notice; Reason. SAFE may, by written notice to CONTRACTOR, terminate this Contract, in whole or in part, including, without limitation, the geographical territory covered by this Contract, at any time by giving written notice to CONTRACTOR of such termination, and specifying the effective date thereof (“Notice of Termination”). Such termination may be for SAFE’s convenience or because of CONTRACTOR's failure to perform its duties and obligations under this Contract, including, but not limited to, the failure of CONTRACTOR to timely perform Services pursuant to the Scope of Services described in APPENDIX B - 6 83 Section 3, entitled “Terms,” as well as Section 7 of the RFP. CONTRACTOR may not terminate this Contract except for cause. 3.15.2 Discontinuance of Services. Upon receipt of the written Notice of Termination, CONTRACTOR shall discontinue all affected Services as directed in the Notice of Termination, and deliver to SAFE all Documents and Data, as defined in this Contract, as may have been prepared or accumulated by CONTRACTOR in performance of the Services, whether completed or in progress. 3.15.3 Effect of Termination For Convenience. If the termination is to be for the convenience of SAFE, SAFE shall compensate CONTRACTOR for Services fully and adequately provided through the effective date of termination as provided in the Notice of Termination. Such payment shall include a pro-rated amount of profit, if applicable, up through such effective date, but no amount shall be paid for anticipated profit on unperformed Services past such effective date. CONTRACTOR shall provide documentation deemed adequate by SAFE's Representative to show the Services actually completed by CONTRACTOR prior to the effective date of termination. This Contract shall terminate on the effective date of the Notice of Termination. 3.15.4 Effect of Termination for Cause. If the termination is for cause, CONTRACTOR shall be compensated for those Services which have been fully and adequately completed and accepted by SAFE as of the effective date of termination as provided in the Notice of Termination. In such case, SAFE may take over the work and prosecute the same to completion by contract or otherwise. Further, CONTRACTOR shall be liable to SAFE for any reasonable additional costs or damages incurred to revise work for which SAFE has compensated CONTRACTOR under this Contract, but which SAFE has determined in its sole discretion needs to be revised, in part or whole. Termination of this Contract for cause may be considered by SAFE in determining whether to enter into future contracts with CONTRACTOR. 3.15.5 Cumulative Remedies. The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Contract. 3.15.6 Procurement of Similar Services. In the event this Contract is terminated, in whole or in part, as provided by this Section, SAFE may procure, upon such terms and in such manner as it deems appropriate, services similar to those terminated. 3.15.7 Waivers. CONTRACTOR, in executing this Contract, shall be deemed to have waived any and all claims for damages which may otherwise arise from SAFE's termination of this Contract, for convenience or cause, as provided in this Section. 3.15.8 Authorization to Terminate. The Executive Director of SAFE shall have the full authority and discretion to exercise SAFE’s rights under this Section 3.15, entitled “Termination”. APPENDIX B - 7 84 3.16 Trend Meetings. CONTRACTOR shall attend, or send a designated management-level representative, to all trend meetings (i.e. required FSP TAC meeting which meets every other month). These trend meetings will encompass focused and informal discussions concerning, but not limited to: scope, Services, schedule, current progress of Services, relevant cost issues, and future objectives. CONTRACTOR shall be responsible for having a representative attend all meetings (i.e. FSP TAC meetings) that has the ability to make management-level decisions on the behalf of the CONTRACTOR. If the CONTRACTOR cannot have a management-level representative at a meeting, CONTRACTOR shall notify SAFE and CHP prior to the meeting. Management-level attendance at these meetings shall be considered part of the CONTRACTOR’s contractual responsibility. Meetings are scheduled, and CONTRACTOR will be notified of such schedule, no later than three (3) working days prior to the meeting. 3.17 Fees and Payment. 3.17.1 Amount to be Paid. Subject to the provisions set forth below for Services satisfactorily performed hereunder, SAFE shall pay the CONTRACTOR on a Time and Materials basis a ceiling price NOT TO EXCEED _______________ DOLLARS ($__________). 3.17.2 Maximum Payment is the Ceiling Price. SAFE shall not be obligated to pay costs which exceed the ceiling price set forth above, except as provided in Sections 3.15 and 3.17.10. CONTRACTOR agrees to use its best efforts to perform the services and all obligations under this Contract within such ceiling price. 3.17.3 Hourly Rate. For its performance of the Services, the CONTRACTOR shall be paid for labor expended directly in the performance of the Services at the rates specified below. The CONTRACTOR shall not be entitled to reimbursements for any expenses unless approved in advance in writing. SCHEDULE OF HOURLY RATES Classification Hourly Rate Contract – tow truck operators $ Hourly rates may be adjusted as set forth in Chapter 9, Violations/Penalties, of the FSP Standard Operating Procedures (SOP). 3.17.4 Payment Coverage. The compensation herein above specified will cover and include all applicable labor surcharges such as taxes, insurance and fringe benefits, as well as indirect costs, overhead, general and administrative expense, and profit. 3.17.5 Cost Principles. A) CONTRACTOR agrees to comply with 2 CFR, Part 225, Cost Principles for State and Local Government, and 49 CFR, Part 18, Uniform APPENDIX B - 8 85 Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. B) CONTRACTOR agrees that 1) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual cost items, and 2) CONTRACTOR shall comply with Federal administrative procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. C) Any costs for which CONTRACTOR has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 225, 48 CFR, Chapter 1, Part 31 or 49 CFR, Part 18, are subject to repayment by CONTRACTOR to SAFE. Should CONTRACTOR fail to reimburse moneys due SAFE within 30 days of demand, or within such other period as may be agreed in writing between the Parties hereto, SAFE is authorized to intercept and withhold future payments due CONTRACTOR from SAFE or any third-party source, including, but not limited to, the State Treasurer, the State Controller, and the California Transportation Commission. 3.17.6 Fines. Fines for starting late; leaving early; taking more than 15-minutes worth of breaks per 3-hour shift; or being ordered out of service by a CHP or Caltrans supervisor for Contract infractions shall be deducted from the CONTRACTOR’s monthly invoice at three (3) times the hourly rate. Fines may be further described in the attached Exhibit “B”. 3.17.7 Accounting System. CONTRACTOR and its subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate expenditures by line item for the Services. The accounting system of CONTRACTOR and its subcontractors shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. 3.17.8 Invoices. Invoices for CONTRACTOR’s Services shall be submitted monthly on forms approved by SAFE. Invoices will be routinely verified by CHP. To ensure prompt payment, most billing disputes may be resolved within ten (10) working days of written notice of dispute. However, at SAFE’s discretion, reconciliation of disputed fines that sum to less than 2% of the months’ Invoice may be corrected on the next month’s Invoice to ensure prompt payment of the major portion of the invoice. Each Invoice shall include a cover sheet bearing a certification as to the accuracy of the statement signed by the CONTRACTOR’s authorized officer. 3.17.8.1 Monthly Progress Reports. As part of its Invoice, CONTRACTOR shall submit a Monthly Progress Report, in a form determined by SAFE, which will cover the Invoice period and include spreadsheets showing hours expended for each day of the month per vehicle per beat, and the total for the term of the Contract to date. Submission of such Monthly Progress Report by CONTRACTOR shall be a condition precedent to receipt of payment from SAFE for each monthly Invoice submitted. APPENDIX B - 9 86 3.17.8.2 Payment Schedule. Invoice periods shall be based upon a calendar month, beginning with the first day of the month. SAFE shall reimburse CONTRACTOR for Services adequately provided under this Contract within thirty (30) days of receiving the current period invoice with no errors. If the Invoice is completed incorrectly by the CONTRACTOR it will delay payment. If SAFE fails to pay any amount owed to CONTRACTOR under this Contract within thirty (30) days after receipt of the invoice, CONTRACTOR may give SAFE a notice of failure to pay which shall set forth the invoice(s) and amount(s) which CONTRACTOR believes are thirty (30) days overdue. SAFE shall pay any undisputed invoice(s) and amount(s) within thirty (30) days of receipt of a notice of failure to pay. 3.17.9 Right to Audit. For the purpose of determining compliance with this Contract and other matters connected with the performance of CONTRACTOR’s contracts with third parties, CONTRACTOR and its subcontractors shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times for three years from the date of final payment of Funds to CONTRACTOR. SAFE, the State of California acting through the Department of Transportation or its duly authorized representative, the California State Auditor, or the United States Department of Transportation shall each have access to any books, records, and documents that are pertinent for audits, examinations, excerpts, and transactions, and CONTRACTOR shall furnish copies thereof if requested. 3.17.10 Taxes. CONTRACTOR shall pay any sales, use, or other taxes, if any, attributable to the provision of the Services. 3.17.11 Travel and Subsistence. Payments to CONTRACTOR for travel and subsistence expenses claimed for reimbursement or applied as local match credit shall not exceed rates authorized to be paid exempt non-represented State employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced are in excess of those authorized DPA rates, then CONTRACTOR is responsible for the cost difference and any overpayments shall be reimbursed to SAFE on demand. 3.17.12 Employment Adverse to the SAFE. CONTRACTOR shall notify SAFE, and shall obtain SAFE’s written consent, prior to accepting work to assist with or participate in a third-party lawsuit or other legal or administrative proceeding against SAFE during the term of this Contract. 3.17.13 Extra Work. At any time during the term of this Contract, SAFE may request CONTRACTOR to perform Extra Work. “Extra Work” shall mean any work which is determined by SAFE to be necessary for proper completion of the Services, but which the Parties did not reasonably anticipate would be necessary at the time of the execution of this Contract and was not included in the Scope of Services. Extra Work, if any, shall be reimbursed at the same hourly rate as identified in Section 3.17.3. CONTRACTOR shall not perform, nor be compensated for Extra Work without obtaining authorization in the form of a APPENDIX B - 10 87 written Extra Work Order issued by SAFE’s Representative. For instance, Construction FSP services as it relates to construction activity can be considered Extra Work. In the event an Extra Work Order is not issued and signed by SAFE’s Representative, CONTRACTOR shall not provide such Extra Work. However, no compensation or reimbursement for Extra Work shall be paid if it is not authorized by SAFE and if the cumulative total of such Extra Work under the Contract exceeds $25,000. All Extra Work in a cumulative total in excess of $25,000 must be approved in advance by amendment to this Contract. 3.17.13.1 Extra Work Cancellation Policy. If a tow operator is scheduled for Extra Work and they are notified of a cancellation with LESS than a 24 hour notice – then the tow operator will be reimbursed for three (3) hours of the agreed upon contract hourly rate. Note: The minimum of the three (3) hours should cover eight hours of the drivers’ hourly wage. Starting with “Less than a 24 hour cancellation notice” up to the time the tow operator is on the assigned Extra Work Beat, the “three contract hour cancellation rate” remains the same. Once the tow operator is on the Extra Work Beat, the cancellation policy changes. If a tow operator begins the Extra Work (the truck is on the Beat) and is then notified that Extra Work has been cancelled, the FSP operator will be paid for the entire shift period up to a maximum of eight (8) hours. A shift period for this policy is defined as: the time period of the actual Extra Work shift assigned or for a maximum of eight (8) contract hours, whichever is less. The supervising FSP CHP Officer for the Extra Work shift will make the final determination as to whether or not the tow operator will continue to work the Extra Work shift. Regardless, the tow operator will be reimbursed for the original shift period or a maximum or eight (8) hours, whichever is less. 3.17.14 Most Favored Customer. CONTRACTOR agrees that, throughout the term of this Contract, it shall not enter into any FSP services agreement with any government agency with whom it has either existing contractual relationship or has no contractual relationship that predates this Contract, pursuant to which CONTRACTOR agrees to charge FSP services fees less than those as indicated in this Contract for substantially the same level of FSP services contemplated by this Contract. Should SAFE establish that such lower fees have been agreed to by CONTRACTOR with another government agency, CONTRACTOR agrees to renegotiate the fees or to refund SAFE an amount equal to the difference between the fees indicated in this Contract and the fees charged to other government agency customer. 3.18 Delay in Performance. 3.18.1 Excusable Delays. Neither Party shall be considered in default in the performance of its obligations to the extent that the performance of any such obligation is prevented or delayed by an Excusable Delay. Should CONTRACTOR be delayed or prevented from the timely performance of any act or Services required by the terms of the Contract by an Excusable Delay, Contractor’s schedule for completion of tasks affected by APPENDIX B - 11 88 such delay may be extended as set forth in Section 3.18.2. But in every case, CONTRACTOR’s failure to perform must be reasonably beyond the control, and without the fault or negligence of the CONTRACTOR. Excusable Delays are acts of God or of the public enemy, acts or omissions of SAFE or other governmental agencies in either their sovereign or contractual capacities, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes or unusually severe weather. 3.18.2 Written Notice. If CONTRACTOR believes it is entitled to an extension of time due to conditions set forth in subsection 3.18.1, CONTRACTOR shall provide written notice to the SAFE within seven (7) working days from the time CONTRACTOR knows, or reasonably should have known, that performance of the Services will be delayed due to such conditions. Failure of CONTRACTOR to provide such timely notice shall constitute a waiver by CONTRACTOR of any right to an excusable delay in time of performance. 3.18.3 Mutual Contract. Performance of any Services under this Contract may be delayed upon mutual agreement of the Parties. Upon such agreement, CONTRACTOR's Schedule of Services (as defined in their Proposal) shall be extended as necessary by SAFE. CONTRACTOR shall take all reasonable steps to minimize delay in completion, and additional costs, resulting from any such extension. 3.19 Status of CONTRACTOR/Subcontractors. 3.19.1 Independent Contractor. The Services shall be performed by CONTRACTOR or under its supervision. CONTRACTOR will determine the means, methods and details of performing the Services subject to the requirements of this Contract. SAFE retains CONTRACTOR on an independent contractor basis and not as an employee, agent or representative of the SAFE. CONTRACTOR retains the right to perform similar or different services for others during the term of this Contract. Any additional personnel performing the Services under this Contract on behalf of CONTRACTOR shall at all times be under CONTRACTOR's exclusive direction and control. CONTRACTOR shall pay all wages, salaries and other amounts due such personnel in connection with their performance of Services and as required by law. CONTRACTOR shall be responsible for all reports and obligations respecting such personnel, including but not limited to, social security taxes, income tax withholdings, unemployment insurance, disability insurance, and workers' compensation insurance. 3.19.2 Assignment or Transfer. CONTRACTOR shall not assign, hypothecate, or transfer, either directly or by operation of law, this Contract or any interest herein, without the prior written consent of SAFE. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. Notwithstanding the foregoing, SAFE may transfer or assign any and all of its rights and obligations under this Contract, including, without limitation the rights to terminate this Contract, as assigned, pursuant to Section 3.15 hereof. APPENDIX B - 12 89 3.19.3 Subcontracting. CONTRACTOR shall not subcontract any portion of the work or Services required by this Contract, except as expressly stated herein, including the Scope of Services, without prior written approval of the SAFE. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Contract. SAFE shall have no liability to any subconsultant(s) for payment for services under this Contract or other work performed for CONTRACTOR, and any subcontract entered into by CONTRACTOR pursuant to the conduct of services under this Contract shall duly note that the responsibility for payment for the technical services or any other work performed shall be the sole responsibility of CONTRACTOR. 3.20 CONTRACTOR will maintain an inventory of all non-expendable equipment, defined as having a useful life of at least two years and an acquisition cost of $500 or more, paid for with funds provided pursuant to this Contract. 3.21 Ownership of Materials and Confidentiality. 3.21.1 Documents & Data; Licensing of Intellectual Property. All plans, specifications, studies, drawings, estimates, materials, data, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, spreadsheets, or data magnetically or otherwise recorded on computer diskettes, prepared by or on behalf of CONTRACTOR under this Contract (“Documents and Data”), shall be made available to SAFE at all times during this Contract and shall become the property of SAFE upon the completion of the term of this Contract, except that CONTRACTOR shall have the right to retain copies of all such Documents and Data for its records. Should CONTRACTOR, either during or following termination of this Contract, desire to use any Documents and Data, it shall first obtain the written approval of SAFE. This Contract creates a no-cost, nonexclusive, and perpetual license for SAFE to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in the Documents and Data which are prepared or caused to be prepared by CONTRACTOR under this Contract (“Intellectual Property”). CONTRACTOR shall require all subcontractors to agree in writing that SAFE is granted a no-cost, nonexclusive, and perpetual license for any Intellectual Property the subcontractor prepares under this Contract. CONTRACTOR represents and warrants that CONTRACTOR has the legal right to license any and all Intellectual Property prepared or caused to be prepared by CONTRACTOR under this Contract. SAFE shall not be limited in any way in its use of the Intellectual Property at any time, provided that any such use not within the purposes intended by this Contract shall be at SAFE's sole risk. 3.21.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to CONTRACTOR in connection with the performance of this Contract shall be held confidential by CONTRACTOR to the extent permitted by law, including, without limitation, the California Public Records Act, Government Code section 6250 et seq. Such materials shall not, without the prior written consent of SAFE, be used by CONTRACTOR for any purposes other than the performance of the Services as provided herein. Nor shall such materials be disclosed to APPENDIX B - 13 90 any person or entity not connected with the performance of the Services, except as provided herein. Nothing furnished to CONTRACTOR which is otherwise known to CONTRACTOR or is generally known, or becomes known, to the related industry shall be deemed confidential. CONTRACTOR shall not use SAFE's name or insignia, photographs, or any publicity pertaining to the Services in any magazine, trade paper, newspaper, television or radio production, or other similar medium without the prior written consent of SAFE. 3.22 Indemnification. CONTRACTOR shall indemnify and hold SAFE, COMMISSION, CHP, Caltrans and their directors, officials, officers, agents, contractors, consultants, employees, and volunteers free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or in equity, to property or persons, including wrongful death, in any manner arising out of, or incident to, any acts, omissions, or willful misconduct of the CONTRACTOR, its officials, officers, employees, agents, consultants, and contractors arising out of or in connection with the performance of the Services or this Contract, including without limitation, the payment of all consequential damages and other related costs and expenses. CONTRACTOR shall defend, at CONTRACTOR’s own cost, expense and risk, any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against SAFE, COMMISSION, CHP, Caltrans or their directors, officials, officers, agents, contractors, consultants, employees, and volunteers. CONTRACTOR shall pay and satisfy any judgment, award, or decree that may be rendered against SAFE, COMMISSION, CHP, Caltrans or their directors, officials, officers, agents, consultants, employees, and volunteers, in any such suit, action, or other legal proceeding. CONTRACTOR shall reimburse SAFE, COMMISSION, CHP, Caltrans and their directors, officials, officers, agents, consultants, employees, and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. CONTRACTOR’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CONTRACTOR, SAFE, COMMISSION, CHP, Caltrans or their directors, officials, officers, agents, consultants, employees, and volunteers. 3.23 Insurance. 3.23.1 Time for Compliance. CONTRACTOR shall not commence work under this Agreement until it has provided evidence satisfactory to SAFE that it has secured all insurance required under this section, in a form and with insurance companies acceptable to SAFE. In addition, CONTRACTOR shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. 3.23.2 Minimum Requirements. CONTRACTOR shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the CONTRACTOR, its agents, representatives, employees or subcontractors. CONTRACTOR shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: APPENDIX B - 14 91 (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001 or exact equivalent); (2) Automobile Liability: Insurance Services Office Business Auto Coverage (form CA 0001, code 1 (any auto) or exact equivalent); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. (B) Minimum Limits of Insurance. CONTRACTOR shall maintain limits no less than: (i) General Liability: Per occurrence: $2,000,000 Project Specific Aggregate: $4,000,000 Products/Completed Operations: $1,000,000 Personal Injury Limit: $1,000,000 (ii) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (iii) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Practices Liability limits of $1,000,000 per accident. 3.23.3 On-Hook Insurance. CONTRACTOR shall maintain a policy of On-Hook Towing Insurance to include the care, custody or control exposure present while vehicles are being serviced roadside, on-hook, or in a storage yard for not less than one hundred thousand dollars ($100,000). 3.23.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or CONTRACTOR shall provide endorsements on forms approved by SAFE to add the following provisions to the insurance policies: (A) General Liability. (i) Commercial General Liability Insurance must include coverage for (1) bodily Injury and property damage; (2) personal Injury/advertising Injury; (3) premises/operations liability; (4) products/completed operations liability; (5) aggregate limits that apply per Project; (6) explosion, collapse and underground (UCX) exclusion deleted; (7) contractual liability with respect to this Agreement; (8) broad form property damage; and (9) independent consultants coverage. (ii) The policy shall contain no endorsements or provisions limiting 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. APPENDIX B - 15 92 (iii) The policy shall give SAFE, COMMISSION, CHP, Caltrans and their directors, officials, officers, employees, and agents insured status using ISO endorsement forms 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (iv) The additional insured coverage under the policy shall be “primary and non-contributory” and will not seek contribution from SAFE, COMMISSION, CHP, or Caltrans insurance or self-insurance and shall be at least as broad as CG 20 01 04 13, or endorsements providing the exact same coverage. (B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) SAFE, COMMISSION, CHP, Caltrans and their directors, officials, officers, employees and agents shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the CONTRACTOR or for which the CONTRACTOR is responsible; and (2) the insurance coverage shall be primary insurance as respects SAFE, COMMISSION, CHP, Caltrans and their directors, officials, officers, employees and agents, or if excess, shall stand in an unbroken chain of coverage excess of the CONTRACTOR’s scheduled underlying coverage. Any insurance or self-insurance maintained by SAFE, COMMISSION, CHP, Caltrans or their directors, officials, officers, employees and agents shall be excess of the CONTRACTOR’s insurance and shall not be called upon to contribute with it in any way. (C) Workers’ Compensation and Employers Liability Coverage. (i) CONTRACTOR certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) The insurer shall agree to waive all rights of subrogation against SAFE, its directors, officials, officers, employees and agents for losses paid under the terms of the insurance policy which arise from work performed by the CONTRACTOR. (D) All Coverages. (i) Defense costs shall be payable in addition to the limits set forth hereunder. (ii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth herein shall be available to SAFE, its directors, officials, officers, employees and agents as additional insureds under said APPENDIX B - 16 93 policies. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. (iii) The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of SAFE, COMMISSION, CHP, and Caltrans (if agreed to in a written contract or agreement) before SAFE, COMMISSION, CHP or Caltrans own insurance or self-insurance shall be called upon to protect it as a named insured. The umbrella/excess policy shall be provided on a “following form” basis with coverage at least as broad as provided on the underlying policy(ies). (iv) CONTRACTOR shall provide SAFE at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the CONTRACTOR shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the CONTRACTOR shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to SAFE at least ten (10) days prior to the effective date of cancellation or expiration. (v) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. CONTRACTOR shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. CONTRACTOR shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (vi) The foregoing requirements as to the types and limits of insurance coverage to be maintained by CONTRACTOR, and any approval of said insurance by SAFE, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the CONTRACTOR pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. (vii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, SAFE has the right but not the duty to obtain the insurance it deems necessary and any premium paid by SAFE will be promptly reimbursed by CONTRACTOR or SAFE will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, SAFE may cancel this Agreement. SAFE may require the CONTRACTOR to provide complete copies of all insurance policies in effect for the duration of the Project. (viii) Neither SAFE, COMMISSION, CHP, Caltrans nor any of their APPENDIX B - 17 94 directors, officials, officers, employees or agents shall be personally responsible for any liability arising under or by virtue of this Agreement. Each insurance policy required by this Agreement shall be endorsed to state that: 3.23.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by SAFE. If SAFE does not approve the deductibles or self-insured retentions as presented, CONTRACTOR shall guarantee that, at the option of SAFE, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects SAFE, its directors, officials, officers, employees and agents; or, (2) the CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.23.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to SAFE. 3.23.7 Verification of Coverage. CONTRACTOR shall furnish SAFE with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to SAFE. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by SAFE before work commences. SAFE reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.23.8 Subcontractor Insurance Requirements. CONTRACTOR shall not allow any subcontractors to commence work on any subcontract until they have provided evidence satisfactory to SAFE that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subcontractors shall be endorsed to name SAFE, COMMISSION, CHP and Caltrans as additional insureds using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by CONTRACTOR, SAFE may approve different scopes or minimum limits of insurance for particular subcontractors or subcontractors. 3.23.9 Review of Coverage. SAFE retains the right at any time to review the coverage, form and amount of insurance required herein and may require CONTRACTOR to obtain additional insurance reasonably sufficient in coverage, form, amount to provide adequate protection against the kind and extent of risk which exists at the time of change in insurance required. 3.23.10 Safety. CONTRACTOR shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the CONTRACTOR shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of APPENDIX B - 18 95 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. 3.24 Prohibited Interests. 3.24.1 Solicitation. CONTRACTOR maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONTRACTOR, to solicit or secure this Contract. Further, CONTRACTOR warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONTRACTOR, any fee, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, SAFE shall have the right to rescind this Contract without liability. 3.24.2 Conflict of Interest. For the term of this Contract, no member, officer or employee of SAFE, during the term of his or her service with SAFE, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. 3.24.3 Conflict of Employment. Employment by the CONTRACTOR of personnel currently on the payroll of SAFE shall not be permitted in the performance of this Contract, even though such employment may occur outside of the employee's regular working hours or on weekends, holidays, or vacation time. Further, the employment by the CONTRACTOR of personnel who have been on SAFE payroll within one year prior to the date of execution of this Contract, where this employment is caused by, and or dependent upon, the CONTRACTOR securing this or related Contracts with SAFE, is prohibited. 3.25 Equal Opportunity Employment. CONTRACTOR represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, ancestry, sex, age, disability (including HIV and AIDS), mental disability, medical condition (cancer), marital status, denial of family and medical care leave, or denial of pregnancy disability leave. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. Employment and Housing Act (Gov. Code Section 12900 et seq.) and the applicable regulations promulgated thereunder (Cal. Admin. Code, Tit. 2, Section 7285.0 et seq.): The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Sec 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code, Sec 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this Contract by reference and made APPENDIX B - 19 96 a part hereof as if set forth in full. CONTRACTOR shall include the provisions of this Section in all of CONTRACTOR’s subcontracts with respect to work under this Agreement, unless exempted by the Regulations. CONTRACTOR shall also comply with all relevant provisions of SAFE's Minority Business Enterprise program, Affirmative Action Plan, or other related SAFE programs or guidelines currently in effect or hereinafter enacted. 3.26 Right to Employ Other CONTRACTORs. SAFE reserves the right to employ other CONTRACTORs in connection with the Services. 3.27 Governing Law. The validity of this Contract and of any of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed by and construed with the laws of the State of California. 3.28 Venue. The Parties acknowledge and agree that this Contract was entered into and intended to be performed in Riverside County, California. The Parties agree that the venue for any action or claim brought by any Party will be the Central District of Riverside County. Each Party hereby waives any law or rule of court which would allow them to request or demand a change of venue. If any action or claim concerning this Contract is brought by any third party, the Parties agree to use their best efforts to obtain a change of venue to the Central District of Riverside County. 3.29 Time of Essence. Time is of the essence for each and every provision of this Contract. 3.30 Headings. Article and section headings, paragraph captions, or marginal headings contained in this Contract are for convenience only and shall have no effect in the construction or interpretation of any provision herein. 3.31 Notices. All notices hereunder and communications regarding interpretation of the terms of this Contract or changes thereto shall be given to the respective Parties at the following addresses, or at such other addresses as the respective Parties may provide in writing for this purpose: CONTRACTOR: Name Title Address City, State Zip Attn: ________________ SAFE: Riverside County Service Authority for Freeway Emergencies FSP Program P.O. Box 12008 Riverside, CA 92502-2208 Attn: Brian Cunanan 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 APPENDIX B - 20 97 its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.33 Amendment or Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.34 Entire Contract. This Agreement contains the entire Agreement of the Parties relating to the subject matter hereof and supersedes all prior negotiations, contracts or understandings. 3.35 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.36 No Waiver. Failure of CONTRACTOR to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times. 3.37 Eight-Hour Law. Pursuant to the provisions of the California Labor Code, eight hours of labor shall constitute a legal day's work, and the time of service of any worker employed on the work shall be limited and restricted to eight hours during any one calendar day, and forty hours in any one calendar week, except when payment for overtime is made at not less than one and one-half the basic rate for all hours worked in excess of eight hours per day ("Eight-Hour Law"), unless CONTRACTOR or the Services are not subject to the Eight- Hour Law. CONTRACTOR shall forfeit to SAFE as a penalty, $50.00 for each worker employed in the execution of this Agreement by him, or by any sub-consultant under him, for each calendar day during which such workman is required or permitted to work more than eight hours in any calendar day and forty hours in any one calendar week without such compensation for overtime violation of the provisions of the California Labor Code, unless CONTRACTOR or the Services are not subject to the Eight-Hour Law. 3.38 Subpoenas or Court Orders. Should CONTRACTOR receive a subpoena or court order related to this Agreement, the Services or the Project, CONTRACTOR shall immediately provide written notice of the subpoena or court order to the SAFE. CONTRACTOR shall not respond to any such subpoena or court order until notice to the SAFE is provided as required herein, and shall cooperate with the SAFE in responding to the subpoena or court order. 3.39 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification and confidentiality obligations, and the obligations related to receipt of subpoenas or court orders, shall survive any such expiration or termination. APPENDIX B - 21 98 3.40 Counterparts. This Agreement may be signed in one or more counterparts, any one of which shall be effective as an original document. 3.41 Incorporation of Recitals. The recitals set forth above are true and correct and are incorporated into this Agreement as though fully set forth herein. 3.42 Conflicting Provisions. In the event that provisions of any attached exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties’ understanding concerning the performance of the Services. 3.43 Attorneys' Fees and Costs. If any legal action is instituted to enforce or declare any Party's rights hereunder, each Party, including the prevailing Party, must bear its own costs and attorneys' fees. This paragraph shall not apply to those costs and attorneys' fees directly arising from any third party legal action against a Party hereto and payable under Section 3.21, Indemnification. 3.44 Consent. Whenever consent or approval of any Party is required under this Contract, that Party shall not unreasonably withhold nor delay such consent or approval. 3.45 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. [Signatures on following page] APPENDIX B - 22 99 SIGNATURE PAGE TO AGREEMENT 14-45-009-00 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first herein written above. RIVERSIDE COUNTY TRANSPORTATION COMMISSION [LEGAL STATUS OF CONTRACTOR] ACTING AS THE RIVERSIDE COUNTY SERVICE AUTHORITY FOR FREEWAY EMERGENCIES By: ____________________________ By: _____________________________ Daryl R. Busch, Chair _____________________________ Name _____________________________ Title APPROVED AS TO FORM: Attest: By: ____________________________ By: ____________________________ Best Best & Krieger LLP, Counsel to the Riverside County Its: Secretary Service Authority for Freeway Emergencies APPENDIX B - 23 100 EXHIBIT “A” Scope of Services APPENDIX B - 24 101 EXHIBIT “B” Compensation and Payment [INSERT FINAL PRICE PROPOSALS FROM CONTRACTOR’S PROPOSAL] APPENDIX B - 25 102 BLANK AGENDA ITEM 14 BLANK RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: April 27, 2015 TO: Western Riverside County Programs and Projects Committee FROM: Jillian Guizado, Staff Analyst Brian Cunanan, Commuter and Motorist Assistance Manager THROUGH: Robert Yates, Multimodal Services Director SUBJECT: Fiscal Year 2015/16 Measure A Commuter Assistance Buspool Subsidy Funding Continuation Requests STAFF RECOMMENDATION: This item is for the Committee to: 1) Authorize payment of $1,645/month maximum subsidy per buspool for the period July 1, 2015 to June 30, 2016, to the existing Mira Loma, Riverside, and Riverside II buspools; 2) Require subsidy recipients to meet monthly buspool reporting requirements as supporting documentation to receive payments; and 3) Forward to the Commission for final action. BACKGROUND INFORMATION: As part of the Measure A Commuter Assistance Program, the Commission provides funding support to buspools used by Riverside County residents for their commutes along the State Route 91 corridor. The Commission adopted the Measure A buspool subsidy in October 1990 and established a monthly subsidy rate of $1,175 or $25/seat/month in support of commuter buspool operations. In July 2004, the Commission set the subsidy rate at $35/seat/month ($1,645/month) to help offset increases to operational costs during the previous 14 years. To provide additional guidance, the Commission also established a minimum buspool ridership policy in June 1995. The policy requires staff to report to the Commission when a buspool’s ridership falls to 25 or below and to seek direction regarding the continuation of the buspool’s subsidy. DISCUSSION: Like all commuter assistance incentives provided by the Commission to encourage use of alternative modes of transportation, the $35/seat/month subsidy is administered as a user end subsidy. The Commission’s subsidy is an important factor that makes buspools an attractive alternative for these commuters with roundtrip commutes in excess of 100 miles. Also, the Commission’s subsidy remains cost-effective compared to the typical public transit subsidy rate Agenda Item 14 103 of 80 percent. While the monthly cost of each buspool varies according to the number of route miles and the resulting negotiated service price, the Commission’s monthly subsidy reflects a subsidy rate of 13 percent. Average Monthly Buspool Fare Per Rider RCTC Subsidy Per Seat Subsidy Rate $267 $35 13% Unlike some of the other Commission-approved ridesharing incentives that have a limited term, the buspool subsidy is ongoing. To renew its annual subsidy, an existing buspool is required to: • Request in writing, continuation of funding from the Commission for the new fiscal year; • Consistently meet minimum ridership requirements; and • Submit monthly ridership reports throughout the year. The three existing buspools have completed all the requirements for funding as set forth by the Commission, including the submittal of monthly ridership reports and annual funding continuation requests. They have consistently exceeded the minimum ridership level of 25 riders per month and have collectively averaged 29 riders/month/buspool. The traffic and environmental benefits realized in FY 2014/15 by offering this subsidy are illustrated below: Buspools Average Riders/Month Roundtrip Distance Annual Miles Saved Annual One-Way Trips Reduced Mira Loma 27 ~120 mi 810,480 13,508 Riverside 32 ~144 mi 1,162,656 16,148 Riverside II 29 ~200 mi 1,482,800 14,828 Estimated Pounds of Emissions Reduced 32,551 Miles Saved 3,455,936 Trips Reduced 44,484 In reducing the number of vehicles on SR-91 during peak periods, the buspool program saved more than 3 million miles and 32,551 pounds of vehicle emissions in FY 2014/15. The buspool subsidy is funded by Congestion Mitigation and Air Quality funds and a budget of $80,000 is proposed for FY 2015/16. Based on the established monthly $1,645/month per buspool subsidy policy, the funds will support the continuation of the three existing buspools and the possibility for one new buspool. Agenda Item 14 104 Financial Information In Fiscal Year Budget: Yes Year: FY 2015/16 Amount: $80,000 Source of Funds: CMAQ Budget Adjustment: No GL/Project Accounting No.: 002109 81030 263 41 81002 Fiscal Procedures Approved: Date: 04/16/2015 Attachments: 1) Mira Loma Renewal Request 2) Riverside Renewal Request 3) Riverside II Renewal Request Agenda Item 14 105 BLANK 106ATTACHMENT 1 BLANK 107ATTACHMENT 2 BLANK HARLAN ALPERT Send correspondences to : Harlan Alpert 5522 Sulphur Drive Mira Loma, CA9l752 March 6,2015 Attn.: Brian Cunanan, Commuter and Motorist Assistance Manager Riverside County Transportation Commission P.O. Box 12008 Riverside, C A 925W-2248 Dear Mr. Cunanan, In compliance with the requirements of the Riverside County Transportation Commission (RCTC), I am requesting an extension of funding forthe period of July 1, 2015 to June 30,2016 for the "Mira Loma" (Mira Loma/Corona) to El Segundo Commuter Buspool. I am the buspool operator and coordinate this buspool independently from any employer. The monthly cost to operate this buspool from Tour Coach is$267. RCTC provides a $35 monthly subsidy per seat and the remaining $232 is provided between the riders and their employers. The following is the Mira Loma/Corona Buspool schedule: AM Departure AM Departure AM Arrival PM Departure PM Arrival PM Anival Miraloma IHTX.-rhursdaY) CoronaPark & Ride Lot 4:25 a.nt. El Segrrndo 5:30 a.m. El Segundo 3:00 p.m. Corona Park & Ride Lot 4:30 p.m. Mira Loma 4:45 p.m. (Friday) 4:10 a.m. 4:25 a.m. 5:30 a.rn. 2:30 p.m. 4:00 p.m. 4:15 p.m. Information on this buspool is available with rideshare programs at RaytheorL Boeing, Aerospace Corporation, and the Los Angeles Air Force base. Employees receive this infonnation through direct mailings, newsletter articles, and electonic rnessaging from these ernployers. These employer rideshare programs also share this information with other local employee transportation coordinators. Thank you for y continued support of this successful buspool program. Sincerely, Harlan Alpert Mira Loma Buspool Operator 108 ATTACHMENT 3