HomeMy Public PortalAbout06 June 26, 2017 Western Riverside County Programs and ProjectsCOMM-WRC-00039
Alexandra Rackerby
From: Alexandra Rackerby
Sent: Wednesday, June 21, 2017 7:55 AM
To: Alexandra Rackerby
Subject: RCTC Western Riverside County Programs and Projects Committee - 'pad compatible users
Attachments: Conflict of Interest Form.pdf; Conflict of Interest Memo.pdf
Good morning Commissioners,
The Western Riverside County Programs and Projects Committee agenda for Monday, June 26, 2017 is posted on our
Website at http://www.rctcdev.info/uploads/media items/western-riverside-county-programs-and-projects-
committee-June-26-2017.original.pdf Let me know if you have any questions or concerns.
Thank you.
Respectfully,
k iers de(v. ity Tromp!lotion Commission
All ie Rackerby
Records Techrmian
Riverside County Transportation Commission
PO Box 12008, Riverside, CA 92502-2 08
408C Lemon Street, 3'd Floor, Riverside, CA 92501
(951) 787.7141 1 retc_org
1
Riverside County Transportation Commission
TO: Riverside County Transportation Commission
FROM: Jennifer Harmon, Clerk of the Board
DATE: June 21, 2017
SUBJECT: Possible Conflicts of Interest Issues — Western Riverside County Programs and
Projects Committee Agenda of June 26, 2017
The June 26 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. 10 — Agreement for Freeway Service Patrol Tow Truck Service
Consultant(s): Pepe`s Towing Service, Inc.
Manny Acosta, Treasurer
loon W. Key Street
Colton, CA 92324
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, June 26, 2017
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 / ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. 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 distribute d 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. Bo ard members
may refer such matters to staff for factual information or to be placed on the subsequent
agenda for consideration.
4. APPROVAL OF MINUTES – MAY 22, 2017
Western Riverside County Programs and Projects Committee
June 26, 2017
Page 2
5. 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.)
6. COUNTY OF RIVERSIDE REQUEST FOR RIGHT OF WAY FUNDING FOR TEMESCAL CANYON
ROAD WIDENING PROJECT
Page 1
Overview
This item is for the Committee to:
1) Approve programming $5 million of Measure A Regional Arterial (MARA) funds for the
county of Riverside’s Temescal Canyon Road widening project;
2) Approve Agreement No. 17-72-109-00 between the Commission and the county of
Riverside programming $5 million of MARA for the right of way phase for the Temescal
Canyon Road widening project;
3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute
the agreement; and
4) Forward to the Commission for final action.
7. STATE ROUTES 71/91 INTERCHANGE – CITY OF CORONA UTILITY AGREEMENT
Page 6
Overview
This item is for the Committee to:
1) Approve Agreement No. 17-31-108-00 with the city of Corona (Corona) for utility
relocation related to the State Routes 71/91 interchange in the revised amount of
$855,961, plus a revised contingency amount of $102,939, for a revised total amount
not to exceed $958,900;
2) Authorize the Executive Director, pursuant to legal counsel review, to execute the
agreement on behalf of the Commission;
3) Authorize the Executive Director, or designee, to approve the use of the contingency
amount as may be required for these services;
4) Approve an increase of $428,900 in FY 2017/18 budgeted federal revenues and right
of way expenditures for utility relocation costs; and
5) Forward to the Commission for final action.
Western Riverside County Programs and Projects Committee
June 26, 2017
Page 3
8. CONSTRUCTION AGREEMENT WITH HAL HAYS CONSTRUCTION, INC. FOR RIVERSIDE-
DOWNTOWN COMMUTER RAIL STATION IMPROVEMENTS
Page 14
Overview
This item is for the Committee to:
1) Award Agreement No. 17-33-073-00 to Hal Hays Construction, Inc. (Hal Hays), as the
lowest responsible, responsive bidder, for the construction of the Riverside -
Downtown Commuter Rail Station improvements project (Project) in the amount of
$1,063,230, plus a contingency amount of $212,646, for a total amount not to exceed
$1,275,876;
2) Find the Braughton Construction, Inc. (Braughton) bid non -responsive for failure to
meet the Disadvantaged Business Enterprises (DBE) goal or Good Faith Efforts (GFE)
requirements related to the federal funding on the Project;
3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute
the agreement on behalf of the Commission;
4) Authorize the Executive Director, or designee, to approve the use of the contingency
amount as may be required by the project; and
5) Forward to the Commission for final action.
9. VIDEO SURVEILLANCE STORAGE AND CLOSED CIRCUIT TELEVISION EQUIPMENT
Page 22
Overview
This item is for the Committee to:
1) Authorize the procurement of video surveillance storage equipment and related
closed circuit television (CCTV) equipment through the use of the California Multiple
Award Schedules (CMAS) pursuant to the Public Contract Code Section 10299(a) and
the Commission’s Procurement Policy Manual in the amount of $1.2 million;
2) Authorize the Executive Director, or designee, to execute purchase orders awarded
under the terms of the agreements; and
3) Forward to the Commission for final action.
Western Riverside County Programs and Projects Committee
June 26, 2017
Page 4
10. AGREEMENT FOR FREEWAY SERVICE PATROL TOW TRUCK SERVICE
Page 24
Overview
This item is for the Committee to:
1) Award Agreement No. 17-45-061-00 to Pepe’s Towing Service, Inc. for Freeway Service
Patrol (FSP) tow truck services on Interstate 215 Beat Nos. 18 and 19 for a three-year
term, and two one-year options to extend the agreement, in the amount of
$3,302,812, plus a contingency amount of $165,141, for a total amount not to exceed
$3,467,953;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute
the agreement, including option years, on behalf of the Commission;
3) Authorize the Executive Director, or designee, to approve the use of the contingency
amount as may be required for these services; and
4) Forward to the Commission for final action.
11. FISCAL YEAR 2017/18 MEASURE A COMMUTER ASSISTANCE BUSPOOL SUBSIDY FUNDING
CONTINUATION REQUESTS
Page 54
Overview
This item is for the Committee to:
1) Authorize payment of $1,645/month maximum subsidy per buspool for the period
July 1, 2017 to June 30, 2018, to the existing 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.
12. 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.
13. ADJOURNMENT
The next Western Riverside County Programs and Projects Committee meeting is scheduled
to be held at 1:30 p.m., Monday, July 24, 2017, Board Chambers, First Floor, County
Administrative Center, 4080 Lemon Street, Riverside.
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS
COMMITTEE
ROLL CALL
DUNE 26, 2017
County of Riverside, District I
Present
O
Absent
0
County of Riverside, District V ❑ 0
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
AGENDA ITEM 4
MINUTES
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE
Monday, May 22, 2017
MINUTES
1. CALL TO ORDER/ ROLL CALL
The meeting of the Western Riverside County Programs and Projects Committee was
called to order by Chair Deborah Franklin at 1:37 p.m., in the Board Room at the County
of Riverside Administrative Center, 4080 Lemon Street, First Floor, Riverside, California,
92501.
2. PLEDGE OF ALLEGIANCE
At this time, Commissioner Adam Rush led the Western Riverside County Programs and
Projects Committee in a flag salute.
Members/Alternates Present Members Absent
Marion Ashley Brian Berkson
Victoria Baca Andrew Kotyuk
Ben Benoit Neil Winter
Deborah Franklin
Berwin Hanna
Kevin Jeffries
Adam Rush
Karen Spiegel
Michael Vargas
3. PUBLIC COMMENTS
There were no requests to speak from the public.
4. APPROVAL OF MINUTES – MARCH 27, 2017
M/S/C (Baca/Benoit) to approve the minutes as submitted.
5. ADDITIONS/REVISIONS
There were no additions or revisions at this time.
RCTC WRC Programs and Projects Committee Minutes
May 22, 2017
Page 2
6. AMENDMENT TO AGREEMENT WITH BNSF RAILWAY FOR THE STATE ROUTE 91
CORRIDOR IMPROVEMENT PROJECT AT THE WEST PORPHYRY OVERHEAD
David Thomas, Toll Project Manager, presented the scope of the amendment to the
agreement with BNSF Railway for the State Route 91 Corridor Improvement Project (91
Project) at the West Porphyry Overhead.
M/S/C (Jeffries/Baca) to:
1) Approve Agreement No. 14-31-114-02, Amendment No. 2 to Agreement
No. 14-31-114-00, with Burlington Northern Santa Fe Railway (BNSF) for
extended flagging services related to the State Route 91 Corridor
Improvement Project (91 Project) for an additional amount of $500,000,
using the remaining contingency of $276,240 related to the BNSF
construction and maintenance (C&M) agreements and authorize an
additional $223,760, for a total amount not to exceed $7,421,234;
2) Authorize the Chair or Executive Director, pursuant to legal counsel
review, to execute the agreement; and
3) Forward to the Commission for final action.
7. ADDITIONAL FUNDING FOR CONSTRUCTION ZONE ENHANCED ENFORCEMENT
PROGRAM INCLUDED IN THE STATE FURNISHED MATERIALS CATEGORY FOR THE
STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT
David Thomas presented the details of the additional funding for Construction Zone
Enhanced Enforcement Program for the 91 Project.
M/S/C (Vargas/Baca) to:
1) Authorize an increase in the expenditures for the Construction Zone
Enhanced Enforcement Program (COZEEP) under Agreement
No. 12-31-070-00 for the State Route 91 Corridor Improvement Project
(91 Project) for an additional amount of $800,000, using the remaining
contingency of $400,000 and authorizing an additional $400,000, for a
total not to exceed $5.1 million; and
2) Forward to the Commission for final action.
8. AGREEMENT FOR SAFETY-RELATED SERVICES WITH SOUTHERN CALIFORNIA REGIONAL
RAIL AUTHORITY
Mark Lancaster, Right of Way Manager, presented the scope of the agreement for
safety-related services with Southern California Regional Rail Authority.
At the request of Commissioner Rush, Mark Lancaster explained the funding sources.
RCTC WRC Programs and Projects Committee Minutes
May 22, 2017
Page 3
M/S/C (Baca/Benoit) to:
1) Approve Agreement No. 17-33-094-00 to Southern California Regional
Rail Authority (SCRRA) to define the roles and responsibilities of each
party regarding safety-related services on the San Jacinto Branch Line
(SJBL) for a five-year term, in an amount not to exceed $500,000;
2) Authorize the Chair or Executive Director, pursuant to legal counsel
review, to execute the agreement on behalf of the Commission;
3) Authorize the Executive Director, pursuant to legal counsel review, to
execute future non-funding related amendments to this agreement;
and
4) Forward to the Commission for final action.
9. PROPOSED METROLINK BUDGET FOR FISCAL YEAR 2017/18
Brenda Ramirez, Management Analyst, presented the details of the proposed Metrolink
budget for Fiscal Year 2017/18.
In response to Commissioner Kevin Jeffries’ question regarding passenger fares,
Brenda Ramirez explained there will not be a fare increase; however, the member
agencies’ subsidy will increase.
Anne Mayer, Executive Director, added this is a transitional period for Metrolink and it is
trying to stay consistent with its fares. She then discussed the issues facing Metrolink.
In response to Commissioner Karen Spiegel’s questions regarding Perris Valley Line (PVL)
ridership, Brenda Ramirez responded start-up has been slow and staff does not have an
estimate as to when the service will achieve the projected ridership. The projections
were completed 10 years ago, which included significant growth in the area that has not
seen.
Anne Mayer responded there is at least a two-year ramp-up period and discussed the
factors that impact ridership.
In response to Commissioner Michael Vargas’ question regarding ridership on the PVL,
Brenda Ramirez stated the initial ridership was approximately 100-150 passengers per
day. Currently, the ridership is approximately 400 passengers per day.
Anne Mayer stated there is significant congestion on Interstate 215 daily. The goal is to
find out where the majority of these commuters are headed so the Commission can
make the train a more viable option. The Commission will continue to work on
increasing ridership.
RCTC WRC Programs and Projects Committee Minutes
May 22, 2017
Page 4
Commissioner Rush stated service delays and reliability are the most common issues for
Metrolink riders, based on social media information, and a topic of discussion at the
Metrolink workshop.
Chair Franklin stated reliability and affordability are very important to the success of the
service.
M/S/C (Vargas/Hanna) to:
1) Receive and file a report on the Commission’s portion of the FY 2017/18
Southern California Regional Rail Authority (SCRRA) operating and capital
budget;
2) Approve the FY 2017/18 SCRRA operating and capital budget, which results
in a total operating and capital subsidy of $21,318,000 from the
Commission;
3) Authorize the Executive Director to enter into Memorandum of
Understanding No. 17-25-100-00 with SCRRA regarding annual funding; and
4) Forward to the Commission for final action.
10. COMMISSIONERS / STAFF REPORT
There were no reports from Commissioners or the Executive Director.
11. ADJOURNMENT
There being no further business for consideration by the Western Riverside County
Programs and Projects Committee, the meeting was adjourned at 2:03 p.m.
Respectfully submitted,
Jennifer Harmon
Clerk of the Board
AGENDA ITEM 6
Agenda Item 6
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: June 26, 2017
TO: Western Riverside County Programs and Projects Committee
FROM: Shirley Medina, Planning and Programming Director
THROUGH: John Standiford, Deputy Executive Director
SUBJECT: County of Riverside Request for Right of Way Funding for Temescal Canyon
Road Widening Project
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Approve programming $5 million of Measure A Regional Arterial (MARA) funds for the
county of Riverside’s Temescal Canyon Road widening project;
2) Approve Agreement No. 17‐72‐109‐00 between the Commission and the county of
Riverside programming $5 million of MARA for the right of way phase for the Temescal
Canyon Road widening project;
3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute
the agreement; and
4) Forward to the Commission for final action.
BACKGROUND INFORMATION:
The county of Riverside (County) is requesting $5 million for right of way acquisition for the
Temescal Canyon Road widening project. Temescal Canyon Road serves as the only north‐south
arterial that runs parallel to Interstate 15 and is used as an alternate route to avoid congestion
on I‐15. To address the congestion and safety on Temescal Canyon Road, the County is widening
the road from two to four lanes from Dawson Canyon Road to Dos Lagos Drive. The project will
also include realigning the road for safety purposes.
An environmental document is being prepared under the California Environmental Quality Act
(CEQA) and is expected to be complete Summer 2017. Upon CEQA approval, the County may
begin its right of way acquisition allowing the project to move forward with construction in 2018.
The Commission’s I‐15 Express Lanes project between State Route 60 and Cajalco Road will begin
construction in 2018 and is expected to be complete in 2020. The next expansion of I‐15 south
of Cajalco Road is not expected to occur for the next several years. Part of the Commission’s
plans for improving the I‐15 corridor includes the widening of Temescal Canyon Road. Given the
congestion occurring today, staff understands the need to address this concern as soon as
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Agenda Item 6
possible to provide a safe and viable alternative for travelers, which will also assist in providing
relief when the Commission’s I‐15 Express Lanes project is under construction.
Staff reviewed different funding options and, since the project is not federalized or is listed as a
Transportation Uniform Mitigation Fee Regional Arterial program project, the only other funding
source it qualifies for is MARA. MARA funds have been included in past calls for projects and can
also be programmed at the Commission’s discretion.
Staff recommends approving the County’s request and allocating $5 million of MARA funds for
the right of way phase.
Financial Information
In Fiscal Year Budget: No Year: FY 2017/18 Amount: $5,000,000
Source of Funds: 2009 Measure A Western County
Regional Arterial Budget Adjustment: Yes
GL/Project Accounting No.: 005207 81401 266 72 81401
Fiscal Procedures Approved: Date: 06/19/2017
Attachment: Letter from the County of Riverside Dated May 12, 2017
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AGENDA ITEM 7
Agenda Item 7
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: June 26, 2017
TO: Western Riverside County Programs and Projects Committee
FROM: Mark Lancaster, Right of Way Manager
THROUGH: Marlin Feenstra, Project Delivery Director
SUBJECT: State Routes 71/91 Interchange – City of Corona Utility Agreement
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Approve Agreement No. 17‐31‐108‐00 with the city of Corona (Corona) for utility
relocation related to the State Routes 71/91 interchange in the revised amount of
$855,961, plus a revised contingency amount of $102,939, for a revised total amount not
to exceed $958,900;
2) Authorize the Executive Director, pursuant to legal counsel review, to execute the
agreement on behalf of the Commission;
3) Authorize the Executive Director, or designee, to approve the use of the contingency
amount as may be required for these services;
4) Approve an increase of $428,900 in FY 2017/18 budgeted federal revenues and right of
way expenditures for utility relocation costs; and
5) Forward to the Commission for final action.
BACKGROUND INFORMATION:
The Commission completed the final design on the 71/ 91 interchange in Corona. The project
includes constructing a new direct freeway connector ramp from eastbound SR‐91 to northbound
SR‐71 and reconfiguring the eastbound SR‐91 entrance ramp between Green River Road and the
71/91 interchange.
The project will require the Commission to enter into final engineering and construction utility
agreements with the various utility owners to relocate underground and overhead
telecommunication facilities, underground and overhead electrical facilities, and underground
water pipelines. The utility facilities will be relocated both prior to and concurrent with project
construction activities.
At its April 2016 meeting, the Commission approved utility agreements with AT&T, Corona,
Southern California Edison, and Sprint, as well as a preliminary engineering utility agreement with
Southern California Gas Company for the final design of the underground natural gas
transmission pipeline relocation. The approved agreement with Corona was to relocate an
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Agenda Item 7
underground water pipeline within the BNSF Railway (BNSF) right of way in the amount of
$170,175, plus a contingency of $42,544 for a total amount not to exceed $212,719. When
Corona applied for a permit from BNSF in late April 2016, BNSF stated the new water line was
subject to its current licensing fee, which resulted in an increase in the cost by $300,000. The
license allows the pipeline to remain in the BNSF right of way in perpetuity. In addition, Corona
updated its estimate to include additional costs for design and design oversight, flagging, material
inspection, construction inspection, and additional staff time. In June 2016, the Commission
approved a revised utility agreement in the amount not to exceed $736,032.
Corona went out to bid for the project on April 17, 2017. A letter of final estimated construction
costs was received from Corona dated May 3. That letter indicated Trautwein Construction Inc.’s
bid of $411,550 was the lowest responsible bid received by Corona. Corona also detailed other
project costs, such as construction support, BNSF license fees, and other BNSF costs and
contingency, which totaled up to $855,961. The attached utility agreement allows Corona to
exceed estimated construction costs by 125 percent, resulting in a revised contingency of
$102,939. Therefore, staff recommends an increase in the the utility agreement of $222,868
over the June 2016 amount for a total not to exceed amount of $958,900.
Staff recommends the Commission authorize a revised Agreement No. 17‐31‐108‐00 amount
with Corona of $855,961 plus a revised contingency of $102,939, for a revised total amount not
to exceed $958,900. The increased cost for this utility relocation will be funded by federal
earmark funds; however, only $530,000 for acquisition support is currently included in the
FY 2017/18 budget. Accordingly, staff requests an adjustment of $428,900 to increase the federal
revenues and acquisition support costs in the FY 2017/18 budget.
Staff also recommends the Commission authorize the Executive Director to execute the utility
agreement on behalf of the Commission and authorize the Executive Director, or designee, to
approve the use of contingency as may be required.
Financial Information
In Fiscal Year Budget: Yes
No Year: FY 2017/18 Amount: $530,000
$428,900
Source of Funds: Federal earmarks Budget Adjustment: No
Yes
GL/Project Accounting No.: 003021 81402 00068 0000 262 31 81402 $428,900
Fiscal Procedures Approved: Date: 06/19/2017
Attachment: Utility Agreement 17‐31‐108‐00 (Draft)
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AGENDA ITEM 8
Agenda Item 8
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: June 26, 2017
TO: Western Riverside County Programs and Projects Committee
FROM: Patricia Castillo, Capital Projects Manager
THROUGH: Marlin Feenstra, Project Delivery Director
SUBJECT: Construction Agreement with Hal Hays Construction, Inc. for Riverside‐
Downtown Commuter Rail Station Improvements
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Award Agreement No. 17‐33‐073‐00 to Hal Hays Construction, Inc. (Hal Hays), as the
lowest responsible, responsive bidder, for the construction of the Riverside‐Downtown
Commuter Rail Station improvements project (Project) in the amount of $1,063,230, plus
a contingency amount of $212,646, for a total amount not to exceed $1,275,876;
2) Find the Braughton Construction, Inc. (Braughton) bid non‐responsive for failure to meet
the Disadvantaged Business Enterprises (DBE) goal or Good Faith Efforts (GFE)
requirements related to the federal funding on the Project;
3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute
the agreement on behalf of the Commission;
4) Authorize the Executive Director, or designee, to approve the use of the contingency
amount as may be required by the project; and
5) Forward to the Commission for final action.
BACKGROUND INFORMATION:
The Riverside‐Downtown Station was originally built in 1993 and increasingly serves as a hub for
intermodal connections. Amenities are needed to accommodate increased pedestrian and
bicycle patronage and increased transit services. The Project includes the relocation of ticket
vending machines to accommodate the increased number of passengers accessing the machines;
the installation of shade canopies to protect the new machines as well as patrons; a storage
building; an access aisle for passenger loading and unloading zone; reconstruction of parking
access curb ramps in accordance with the latest Americans with Disabilities Act standards; and
the addition of three bus bays.
The Project is funded with federal Surface Transportation Program funding.
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Agenda Item 8
Procurement Process
On April 7, 2017, the Commission advertised Invitation for Bids (IFB) No. 17‐33‐073‐00 for
construction of the Project. A public notice was advertised in the Press Enterprise, and the
complete IFB, including all contract documents, was posted on the Commission’s PlanetBids
website, which is accessible through the Commission’s website. Electronic mail messages were
sent to vendors registered in the Commission’s PlanetBids database that fit the IFB qualifications.
Fifty‐three firms downloaded the IFB. Fourteen are located in Riverside County. A pre‐bid
conference was held at the Commission’s office on April 18, and on May 9, three bids were
received and publicly opened. A summary of the bids received is shown in Table A.
Table A
Construction of Riverside Downtown Commuter Rail Station Improvements
Bid Summary
Firm
(In order from low bid to high bid) Bid Amount
Engineer’s Estimate $979,947
1 Braughton Construction, Inc. (Rancho Cucamonga) $968,705
2 Hal Hays Construction, Inc. (Riverside) $1,063,230
3 Dalke & Sons Construction, Inc. (Riverside) $1,546,901
The basis for award for a public works contract is the lowest responsive and responsible bidder
as defined by the Commission’s procurement policy and state law.
Federally‐funded contracts administered by the Commission are subject to the requirements of
the Code of Federal Regulations, Part 26, Title 49 entitled Participation by Disadvantaged
Business Enterprises (DBE) in Department of Transportation Financial Assistance Programs. This
project is to be funded by the Federal Highway Administration (FHWA) with funding to be
provided through Caltrans. Thus, the Project must also comply with the Caltrans DBE Program.
Pursuant to the relevant federal DBE provisions and the Caltrans DBE Program requirements, the
Commission established a 13.2 percent DBE participation goal in the construction bid
advertisement for this project. Only a bidder complying with the DBE requirements for this
project can be considered fully responsive to the bid. To meet the DBE requirements, bidders
must either achieve the DBE goal, or, alternatively, meet the GFE requirement set forth in the
invitation for bid. The low bidder, Braughton, did not meet the 13.2 percent DBE goal, and its
GFE did not demonstrate adequate efforts made to subcontract with DBE firms.
A review of Braughton’s GFE was conducted, and staff, in consultation with legal counsel and its
DBE compliance consultant, determined Braughton failed to provide evidence of an adequate
GFE to utilize DBE firms in compliance with federal funding requirements. As a result, Braughton
was informed of the determination, and, in accordance with 49 CFR 26.53, Braughton was
provided an opportunity for administrative reconsideration, including an opportunity to provide
written documentation or argument concerning the question of whether it made an adequate
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Agenda Item 8
GFE. At Braughton’s request, a meeting to discuss the issues with a staff member who was not
involved in the GFE determination was scheduled. As a courtesy, prior to the meeting, staff
provided Braughton with its analysis of Braughton’s DBE GFE compliance review. Subsequently,
the meeting was canceled at Braughton’s request. Thus Braughton was provided due process
related to the GFE finding and chose not to take advantage of the opportunity to contest the
Commission’s GFE determination.
In light of Braughton’s failure to meet the GFE, and in order to ensure federal funding eligibility
for the Project, staff recommends the Committee and the Commission find the bid
nonresponsive.
Therefore, after analyzing the three bids per the FHWA/Caltrans analysis process, staff has
concluded the bid from Hal Hays’ in the amount of $1,063,230, although approximately 8 percent
higher than the engineer’s estimate for construction, is the lowest responsible and responsive
bid received for the Project.
Hal Hays exceeded the DBE requirement of 13.2 percent and has committed 16 percent of the
total bid price to DBEs.
Typically, a rate of 10 percent is used to determine project contingency. Staff is recommending
a contingency amount of 20 percent of the total Project amount, or $212,646. Since construction
will take place in a fully operational Metrolink station, safety, operational continuity, and
customer convenience is of utmost importance. Staff has worked to minimize risks by clearly
defining scope and ensuring the plan set is complete and thoroughly reviewed for
constructability; however, if complications arise and the contingency is not adequate, such
contractual budget issues may delay the project and prevent work from being completed in a
timely manner. Furthermore, smaller construction contracts such as this one often require a
contingency greater than 10 percent because of changes common to many projects, such as
maintaining traffic or overhead charges.
Staff recommends award of Agreement No. 17‐33‐073‐00 for the construction of the Project to
Hal Hays in the amount of $1,063,230, plus a contingency amount of $212,646 to fund potential
change orders and supplemental work, for a total amount not to exceed $1,275,876.
Financial Information
In Fiscal Year Budget: Yes Year: FY 2017/2018 Amount: $1,275,876
Source of Funds: STPL Budget Adjustment: No
GL/Project Accounting No.: 004023 81301 265 33 81301
Fiscal Procedures Approved: Date: 06/20/2017
16
Contract-1
17336.0601K\29695231.1
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
**************
CONTRACT
**************
FOR CONSTRUCTION OF RIVERSIDE DOWNTOWN COMMUTER
RAIL STATION IMPROVEMENTS
RCTC Agreement No. 17-33-073-00
FEDERAL AID PROJECT NO. STPL-6054 (074)
April 7, 2017
BETWEEN
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AND
HAL HAYS CONSTRUCTION INC.
17
17336.0601K\29695231.1
CONSTRUCTION OF RIVERSIDE DOWNTOWN COMMUTER RAIL
STATION IMPROVEMENTS
RCTC AGREEMENT NO. 17-33-073-00
1. PARTIES AND DATE.
This Contract is made and entered into this ____ day of ____________, 201__ by and
between the Riverside County Transportation Commission (hereinafter called the
"Commission") and Hal Hays Construction Inc. (hereinafter called the "Contractor"). This
Contract is for that Work described in the Contract Documents entitled CONSTRUCTION
OF RIVERSIDE DOWNTOWN COMMUTER RAIL STATION
IMPROVEMENTS
2. RECITALS.
2.1 The Commission is a County Transportation Commission organized under the
provisions of Sections 130000, et seq. of the Public Utilities Code of the State of California, with
power to contract for services necessary to achieving its purpose;
2.2 Contractor, in response to a Notice Inviting Bids issued by Commission on April 7,
2017, has submitted a bid proposal for CONSTRUCTION OF RIVERSIDE
DOWNTOWN COMMUTER RAIL STATION IMPROVEMENTS TICKET
VENDING EXPANSION AND CART BARN
2.3 Commission has duly opened and considered the Contractor's bid proposal and duly
awarded the bid to Contractor in accordance with the Notice Inviting Bids and other Bid
Documents.
2.4 Contractor has obtained, and delivers concurrently herewith, Performance and
Payment Bonds and evidences of insurance coverage as required by the Contract Documents.
3. TERMS.
3.1 Incorporation of Documents.
This Contract includes and hereby incorporates in full by reference this Contract and the
following Contract Documents provided with the above referenced Notice Inviting Bids, including
all exhibits, drawings, specifications and documents therein, and attachments thereto, all of which,
including all addendum thereto, are by this reference incorporated herein and made a part of this
Contract:
18
17336.0601K\29695231.1
a. NOTICE INVITING BIDS
b. INSTRUCTIONS TO BIDDERS
c. CONTRACT BID FORMS
d. FORM OF CONTRACT
e. PAYMENT AND PERFORMANCE BOND FORMS
f. ESCROW AGREEMENT FOR SECURITY DEPOSITS
g. CONTRACT APPENDIX
PART "A" - Regulatory Requirements and Permits
PART "B" – General Conditions
PART "C" – Special Provisions (under separate cover)
PART "D" - Contract Plans (under separate cover)
PART "E" - Contract Compliance Provisions/DBE Requirements
PART "F" - Federal Minimum Wage Requirements
PART "G" - Federal and Caltrans Requirements for
Federal Aid Construction Contracts
h. ADDENDUM NO.(S) (N/A or Add Addendum Numbers)
3.2 Contractor's Basic Obligation.
Contractor promises and agrees, at his own cost and expense, to furnish to the
Commission all labor, materials, tools, equipment, services, and incidental and customary work
for the construction of the Riverside Downtown Commuter Rail Station improvements, including
TVM relocation, pedestrian shelters, cart barn, and ADA and parking lot upgrades.
Notwithstanding anything else in the Contract Documents, the Contractor shall complete the Work
for a total of _______________________ ($______________), as specified in the bid proposal
and pricing schedules submitted by the Contractor in response to the above referenced Notice
Inviting Bids. Such amount shall be subject to adjustment in accordance with the applicable terms
of this Contract. All Work shall be subject to, and performed in accordance with the above
referenced Contract Documents.
3.3 Period of Performance.
Contractor shall perform and complete all Work under this Contract (excluding plant
establishment work) within 90 working days of the effective date of the Notice to Proceed, and in
accordance with any completion schedule developed pursuant to provisions of the Contract
Documents. Contractor agrees that if such Work is not completed within the aforementioned
periods, liquidated damages will apply as provided by the applicable provisions of the General
Conditions, found in Part "B" of the Contract Appendix. The amount of liquidated damages shall
equal one thousand seven hundred dollars ($1,700.00) for each day or fraction thereof, it takes to
complete the Work, or specified portion(s) of the Work, over and above the number of days
19
17336.0601K\29695231.1
specified herein or beyond the Project Milestones established by approved Construction
Schedules.
3.4 Commission's Basic Obligation.
Commission agrees to engage and does hereby engage Contractor as an independent
contractor to furnish all materials and to perform all Work according to the terms and conditions
herein contained for the sum set forth above. Except as otherwise provided in the Contract
Documents, the Commission shall pay to Contractor, as full consideration for the satisfactory
performance by the Contractor of services and obligation required by this Contract, the above
referenced compensation in accordance with Compensation Provisions set forth in the Contract
Documents.
3.5 Contractor's Labor Certification.
(1) Contractor maintains that he is aware of the provisions of Section 3700 of the Labor
Code which require every employer to be insured against liability for Worker's
Compensation or to undertake self-insurance in accordance with the provisions of that
Code, and agrees to comply with such provisions before commencing the performance
of the Work. A certification form for this purpose is attached to this Contract as Exhibit
“A” and incorporated herein by reference, and shall be executed simultaneously with
this Contract.
3.6 Successors.
The parties do for themselves, their heirs, executors, administrators, successors, and
assigns agree to the full performance of all of the provisions contained in this Contract. Contractor
may not either voluntarily or by action of law, assign any obligation assumed by Contractor
hereunder without the prior written consent of Commission.
3.7 Notices.
All notices hereunder and communications regarding interpretation of the terms of the
Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail,
return receipt requested, postage prepaid and addressed as follows:
Contractor: Commission:
Hal Hays Construction Inc. Riverside County Transportation Commission
4181 Latham St. P.O. Box 12008
Riverside, CA 92501 Riverside, California 92502-2208
Attn: Kirby Hays Attn: Executive Director
20
17336.0601K\29695231.1
Any notice so given shall be considered received by the other party three (3) days after
deposit in the U.S. Mail, first class postage prepaid, addressed to the party at the above address.
Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the
method of service.
HAL HAYS CONSTRUCTION INC. RIVERSIDE COUNTY
(Contractor Name) TRANSPORTATION COMMISSION
By: ______________________ By: _________________________
Name Anne Mayer
Riverside County Transportation
Commission
______________________
Title
Tax I.D. Number: APPROVED AS TO FORM:
By: _________________________
Best Best & Krieger LLP
Counsel, RCTC
21
AGENDA ITEM 9
Agenda Item 9
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: June 26, 2017
TO: Western Riverside County Programs and Projects Committee
FROM: Gary Ratliff, Facilities Administrator
THROUGH: Marlin Feenstra, Project Delivery Director
SUBJECT: Video Surveillance Storage and Closed Circuit Television Equipment
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Authorize the procurement of video surveillance storage equipment and related closed
circuit television (CCTV) equipment through the use of the California Multiple Award
Schedules (CMAS) pursuant to the Public Contract Code Section 10299(a) and the
Commission’s Procurement Policy Manual in the amount of $1.2 million;
2) Authorize the Executive Director, or designee, to execute purchase orders awarded under
the terms of the agreements; and
3) Forward to the Commission for final action.
BACKGROUND INFORMATION:
The Commission continues to modernize its CCTV security system. In January 2017, staff brought
an item to the Commission to upgrade the CCTV cameras and hardware to an all‐digital system
since the analog system was significantly lower in video quality and support for the older analog
system is being phased out. The action also provided for additional cameras along the Perris
Valley Line (PVL) and at the new PVL stations.
The improvements are now well underway; the Jurupa Valley Station, La Sierra Station, and Perris
Downtown Station camera and system upgrades have been completed. Cameras have been
installed at the Hunter Park Station and along the PVL rail line crossings at Mt. Vernon and Linden,
Spruce and Watkins, Blaine and Watkins, and Big Springs Road.
CCTV‐stored recordings provide law enforcement the ability to view historic data that assists to
identify criminal patterns, identify fault, investigate accidents, and incarcerate offenders. They
also assist Commission operations of the stations while providing a sense of security and safety
for the customers and protecting both the Commission and customers’ assets. Current
requirements of Government Code 34090.6 include the storage of video monitoring recordings
for at least one year. In order to meet this requirement and assure competitive pricing, staff is
recommending authorization of $1.2 million of Proposition 1B grant funds for procurement of
video surveillance storage equipment and related CCTV equipment through a CMAS agreement
22
Agenda Item 9
pursuant to Public Contract Code Section 10299(a) and the Commission’s Procurement Policy
Manual. All costs for these capital improvements will be funded by Proposition 1B grant funds.
The CMAS contract will allow the review of multiple storage system choices to determine the
most cost‐effective solution while still maintaining compatibility with current equipment.
Utilizing the CMAS contract will allow staff to competitively bid a selected storage system that
addresses the current and future retention needs. The competitive bidding price will include
installation, setup, and training. At a minimum, three or more price quotes from the CMAS
vendor list, including Riverside County CMAS vendors, will be petitioned for the optimal video
surveillance storage equipment.
Financial Information
In Fiscal Year Budget: Yes
N/A Year: FY 2017/18
FY 2018/19 Amount: $925,000
$275,000
Source of Funds: Proposition 1B Security Funds Budget Adjustment: No
N/A
GL/Project Accounting No.: 004012 90701 XXXXX XXXX 103 24 90701
004011 90701 XXXXX XXXX 103 24 90701
Fiscal Procedures Approved: Date: 06/20/2017
23
AGENDA ITEM 10
Agenda Item 10
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: June 26, 2017
TO: Western Riverside County Programs and Projects Committee
FROM: Brian Cunanan, Commuter and Motorist Assistance Manager
THROUGH: Robert Yates, Multimodal Services Director
SUBJECT: Agreement for Freeway Service Patrol Tow Truck Service
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Award Agreement No. 17‐45‐061‐00 to Pepe’s Towing Service, Inc. for Freeway Service
Patrol (FSP) tow truck services on Interstate 215 Beat Nos. 18 and 19 for a three‐year
term, and two one‐year options to extend the agreement, in the amount of $3,302,812,
plus a contingency amount of $165,141, for a total amount not to exceed $3,467,953;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute
the agreement, including option years, on behalf of the Commission;
3) Authorize the Executive Director, or designee, to approve the use of the contingency
amount as may be required for these services; and
4) 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.
24
Agenda Item 10
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 three 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 2015/16, FSP
performed nearly 37,000 assists.
DISCUSSION:
Staff sought a competitive solution to award tow service contracts to qualified firms for four of
the nine total beats administered by the Commission.
Beat No. Beat No. Description Number of Tow Trucks
1 SR‐91 Orange County line to Lincoln Avenue 2 (+1 backup truck)
2 SR‐91 Lincoln Avenue to Magnolia Avenue 2 (+1 backup truck)
18 I‐215 Riverside County line to Alessandro Blvd. 3 (+1 backup truck)
19 I‐215 Alessandro Blvd. to SR‐74/4th Street 2 (+1 backup truck)
Procurement Process
Staff determined the weighted factor method of source selection to be the most appropriate for
this procurement, as it allows the Commission to identify the most advantageous proposal with
price and other factors considered. Non‐price factors include elements such as qualifications of
firm, personnel, and the ability to respond to the Commission’s needs for FSP tow truck services
on State Route 91 Beat Nos. 1 and 2 and Interstate 215 Beat Nos. 18 and 19, as set forth under
the terms of the request for proposals (RFP) No. 17‐45‐061‐00.
RFP No. 17‐45‐061‐00 was released on January 19, 2017. 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 21 firms,
11 of which are located in Riverside County. Additionally, the Commission sent out 122 postcards
to firms who have previously expressed interest in tow truck services and/or are on the current
CHP rotational tow list. Of the 122 firms, 35 are located in Riverside County. Through the
PlanetBids site, nine firms downloaded the RFP; two of these firms are located in Riverside
County. One firm – Pepe’s Towing Service, Inc. (Colton) – submitted proposals for all four beats
prior to the 2:00 p.m. submittal deadline on February 23. The proposals submitted for the four
beats were responsive and responsible proposals.
Since staff received one proposal for each of the four beats, it reviewed the solicitation
specifications for undue restrictiveness and surveyed potential sources that chose not to submit
25
Agenda Item 10
a proposal. Reasons for not submitting a proposal included increased costs in workers’
compensation, insurance, minimum wage, and fleet maintenance. Staff concluded 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 all four beats.
An evaluation committee comprised of the CHP Inland Division, San Bernardino County
Transportation Authority, and Commission staff evaluated each proposal in accordance with the
evaluation criteria set forth in the RFP. On March 16, the evaluation committee interviewed
Pepe’s Towing Service, Inc. Accordingly, the evaluation committee provided final scoring based
on a comprehensive evaluation of each written proposal and interview. Based on the evaluation
committee’s assessment, the evaluation committee determined Pepe’s Towing Service, Inc. to
be qualified to perform the work outline in the scope of services for all four beats.
Negotiation of Contract Terms, Scope, Schedule, and Cost
After the evaluation committee determined Pepe’s Towing Service, Inc. to be the most qualified
firm to perform the work outlined in the scope of services, staff received a request from Pepe’s
Towing Service, Inc. to increase the hourly rate that Pepe’s Towing Service, Inc. submitted in its
proposals for each of the four beats to perform the FSP tow truck services. The justification for
the hourly rate increase requested by Pepe’s Towing Service, Inc. was due to the recent state
legislation. On April 28, Governor Brown signed Senate Bill No. 1, which enacts increases in gas
and diesel taxes that will go into effect on November 1.
Staff then began negotiations to finalize the hourly rate for each of the four beats to establish a
fair and reasonable price. During negotiations, Pepe’s Towing Service, Inc. informed Commission
staff that it was withdrawing its proposals for Beat Nos. 1 and 2. Staff continued negotiations for
Beat Nos. 18 and 19 and agreed with Pepe’s Towing Service, Inc. on a fair and reasonable price
for the hourly rates on those two beats. Due to Pepe’s Towing Service, Inc. withdrawing its
proposals from Beat Nos. 1 and 2, staff will issue a new RFP for FSP tow truck services on those
beats.
Staff Recommendation
As a result of the evaluation committee’s assessment of the written proposals and interview, the
evaluation committee recommends contract award for FSP tow truck services on Beat Nos. 18
and 19 to Pepe’s Towing Service, Inc. for a three‐year term, and two one‐year options in the
amount of $3,302,812, plus a contingency of $165,141, for a total amount not to exceed
$3,467,953.
26
Agenda Item 10
The total hourly rates for the two beats are presented in the following table:
Firm Hourly Rate Beat No.
Pepe’s Towing Service, Inc. $67.75 18
Pepe’s Towing Service, Inc. $67.75 19
The Commission’s standard form FSP services agreement will be entered into with Pepe’s Towing
Service, Inc. subject to any changes approved by the Executive Director, pursuant to legal counsel
review. Staff also requests authorization for the Executive Director, or designee, to approve the
use of the contingency amount as may be required.
Financial Information
In Fiscal Year Budget: Yes
N/A Year: FY 2017/18
FY 2018/19+ Amount: $ 495,422
$2,972,531
Source of Funds: State of California, SAFE Budget Adjustment: No
N/A
GL/Project Accounting No.: 002173 81014 00000 0110 201 45 81002
Fiscal Procedures Approved: Date: 06/19/2017
Attachment: Standard Form FSP Services Agreement
27
1
SAMPLE CONTRACT FORM
Agreement No. _____________
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 _________,
2017, 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;
28
2
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.
29
3
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
______________________ 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:
30
4
SCHEDULE OF HOURLY RATES
Classification Option Year 1 Hourly Rate Option Year 2 Hourly Rate
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”.
31
5
3.8 Review of Work and Deliverables. All reports, working papers, and
similar work products prepared for submission in the course of providing Services under this
Contract may be required to be submitted to SAFE's Representative in draft form, and SAFE’s
Representative may require revisions of such drafts prior to formal submission and approval.
In the event that SAFE's Representative, in his or her sole discretion, determines the formally
submitted work product to be inadequate, SAFE's Representative may require
CONTRACTOR to revise and resubmit the work at no cost to SAFE. Upon determination by
SAFE that CONTRACTOR has satisfactorily completed the Services required under this
Contract and within the term set forth in Section 3.4, SAFE shall give CONTRACTOR a
written Notice of Final Completion. Upon receipt of such notice, CONTRACTOR shall incur
no further costs hereunder, unless otherwise specified in the Notice of Completion.
CONTRACTOR may request issuance of a Notice of Final Completion when, in its opinion, it
has satisfactorily completed all Services required under the provisions of this Contract.
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.
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3.12 Inspection of Work. CONTRACTOR shall allow SAFE's Representative
to inspect or review CONTRACTOR's performance of Services in progress at any time.
SAFE/Caltrans/CHP also reserves the right to audit all paperwork demonstrating that
CONTRACTOR participates in an employee alcohol/drug-testing program and the DMV Pull
Notice Program.
3.13 Laws and Regulations. CONTRACTOR shall keep itself fully informed of
and in compliance with all local, state and federal laws, rules and regulations in any manner
affecting the performance of the Services, including all Cal/OSHA requirements, and shall
give all notices required by law. CONTRACTOR shall be solely liable for all violations of such
laws and regulations in connection with Services. If the CONTRACTOR performs any work
knowing it to be contrary to such laws, rules and regulations and without giving written notice
to SAFE, CONTRACTOR shall be solely responsible for all costs arising therefrom.
CONTRACTOR shall defend, indemnify and hold SAFE, their officials, directors, officers,
employees and agents free 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
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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
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.
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3.15.8 Authorization to Terminate. The Executive Director of SAFE shall
have the full authority and discretion to exercise SAFE’s rights under this Section 3.15,
entitled “Termination”.
3.16 Trend Meetings. CONTRACTOR shall attend, or send a designated
management-level representative, to all trend meetings (i.e. required FSP TAC meeting which
meets every other month). These trend meetings will encompass focused and informal
discussions concerning, but not limited to: scope, Services, schedule, current progress of
Services, relevant cost issues, and future objectives. CONTRACTOR shall be responsible for
having a representative attend all meetings (i.e. FSP TAC meetings) that has the ability to
make management-level decisions on the behalf of the CONTRACTOR. If the
CONTRACTOR cannot have a management-level representative at a meeting,
CONTRACTOR shall notify SAFE and CHP prior to the meeting. Management-level
attendance at these meetings shall be considered part of the CONTRACTOR’s contractual
responsibility. Meetings are scheduled, and CONTRACTOR will be notified of such schedule,
no later than three (3) working days prior to the meeting.
3.17 Fees and Payment.
3.17.1 Amount to be Paid. Subject to the provisions set forth below for
Services satisfactorily performed hereunder, SAFE shall pay the CONTRACTOR on a 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; Break and Meal Periods. For its performance of the
Services, the CONTRACTOR shall be paid for labor expended directly in the performance of
the Services at the rates specified below. Payments shall be made monthly in arrears based
on Services provided and allowable incurred expenses. The CONTRACTOR shall not be
entitled to reimbursements for any expenses unless approved in advance in writing.
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).
A) CONTRACTOR is responsible for compliance with all
California labor laws related to break periods and meal periods including, but not limited
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to, compliance with Labor Code section 512. CONTRACTOR shall be solely responsible
for any additional pay to which its drivers may be entitled for CONTRACTOR’s failure to
comply with the California labor law requirements.
B) During shifts that require drivers to be provided a 30-
minute meal period break pursuant to Labor Code section 512, CONTRACTOR shall
either make arrangements for another certified driver to provide Services during those
breaks or not be compensated for each 30-minute meal period break during which
Services are not provided. In no case shall CONTRACTOR be entitled to bill RCTC for
time during which a driver is taking a meal period break.
3.17.4 Payment Coverage. The compensation herein above specified will
cover and include all applicable labor surcharges such as taxes, insurance and fringe
benefits, as well as indirect costs, overhead, general and administrative expense, and profit.
3.17.5 Cost Principles.
A) CONTRACTOR agrees to comply with 2 CFR, Part 225,
Cost Principles for State and Local Government, and 49 CFR, Part 18, Uniform
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 breaks
than authorized; or being ordered out of service by a CHP, SAFE Representative or
Caltrans supervisor for Contract infractions shall be deducted from the CONTRACTOR’s
monthly invoice at five (5) times the hourly rate, plus the loss of revenue for the down time.
Fines may be further described in the attached Exhibit “A” or Exhibit “B”.
3.17.7 Accounting System. CONTRACTOR and its subcontractors
shall establish and maintain an accounting system and records that properly accumulate
and segregate expenditures by line item for the Services. The accounting system of
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CONTRACTOR and its subcontractors shall conform to Generally Accepted Accounting
Principles (GAAP), enable the determination of incurred costs at interim points of
completion, and provide support for reimbursement payment vouchers or invoices.
3.17.8 Invoices. Invoices for CONTRACTOR’s Services shall be
submitted monthly on forms approved by SAFE. Invoices will be routinely verified by CHP.
To ensure prompt payment, most billing disputes may be resolved within ten (10) working
days of written notice of dispute. However, at SAFE’s discretion, reconciliation of disputed
fines that sum to less than 2% of the months’ Invoice may be corrected on the next month’s
Invoice to ensure prompt payment of the major portion of the invoice. Each Invoice shall
include a cover sheet bearing a certification as to the accuracy of the statement signed by the
CONTRACTOR’s authorized officer. Invoices shall be mailed to SAFE’s Contract
Administrator at the following address:
Riverside County Service Authority for Freeway Emergencies
FSP Program
P.O. Box 12008
Riverside, CA
92502-2208
Attn: Brian Cunanan
3.17.8.1 Monthly Progress Reports. As part of its Invoice,
CONTRACTOR shall submit a Monthly Progress Report, in a form determined by SAFE,
which will cover the Invoice period and include spreadsheets showing hours expended for
each day of the month per vehicle per beat, and the total for the term of the Contract to date.
Submission of such Monthly Progress Report by CONTRACTOR shall be a condition
precedent to receipt of payment from SAFE for each monthly Invoice submitted.
3.17.8.2 Payment Schedule. Invoice periods shall be based upon
a calendar month, beginning with the first day of the month. SAFE shall reimburse
CONTRACTOR for Services adequately provided under this Contract within thirty (30) days of
receiving the current period invoice with no errors. If the Invoice is completed incorrectly by
the CONTRACTOR, it will delay payment. If SAFE fails to pay any amount owed to
CONTRACTOR under this Contract within thirty (30) days after receipt of the invoice,
CONTRACTOR may give SAFE a notice of failure to pay which shall set forth the invoice(s)
and amount(s) which CONTRACTOR believes are thirty (30) days overdue. SAFE shall pay
any undisputed invoice(s) and amount(s) within thirty (30) days of receipt of a notice of failure
to pay.
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
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through the Department of Transportation or its duly authorized representative, the California
State Auditor, or the United States Department of Transportation shall each have access to
any books, records, and documents that are pertinent for audits, examinations, excerpts, and
transactions, and CONTRACTOR shall furnish copies thereof if requested.
3.17.10 Taxes. CONTRACTOR shall pay any sales, use, or other taxes,
if any, attributable to the provision of the Services.
3.17.11 Travel and Subsistence. Payments to CONTRACTOR for travel
and subsistence expenses claimed for reimbursement or applied as local match credit shall
not exceed rates authorized to be paid exempt non-represented State employees under
current State Department of Personnel Administration (DPA) rules. If the rates invoiced are in
excess of those authorized DPA rates, then CONTRACTOR is responsible for the cost
difference and any overpayments shall be reimbursed to SAFE on demand.
3.17.12 Employment Adverse to the SAFE. CONTRACTOR shall notify
SAFE, and shall obtain SAFE’s written consent, prior to accepting work to assist with or
participate in a third-party lawsuit or other legal or administrative proceeding against SAFE
during the term of this Contract.
3.17.13 Extra Work. At any time during the term of this Contract, SAFE
may request CONTRACTOR to perform Extra Work. “Extra Work” shall mean any work which
is determined by SAFE to be necessary for proper completion of the Services, but which the
Parties did not reasonably anticipate would be necessary at the time of the execution of this
Contract and was not included in the Scope of Services. Extra Work, if any, shall be
reimbursed at the same hourly rate as identified in Section 3.17.3. CONTRACTOR shall not
perform, nor be compensated for Extra Work without obtaining authorization in the form of a
written Extra Work Order issued by SAFE’s Representative. For instance, Construction FSP
services as it relates to construction activity can be considered Extra Work. In the event an
Extra Work Order is not issued and signed by SAFE’s Representative, CONTRACTOR shall
not provide such Extra Work. However, no compensation or reimbursement for Extra Work
shall be paid if it is not authorized by SAFE and if the cumulative total of such Extra Work
under the Contract exceeds $25,000. All Extra Work in a cumulative total in excess of
$25,000 must be approved in advance by amendment to this Contract.
3.17.13.1 Extra Work Cancellation Policy. If a tow operator is
scheduled for Extra Work and they are notified of a cancellation with LESS than a 24-hour
notice – then the tow operator will be reimbursed for three (3) hours of the agreed upon
contract hourly rate. Note: The minimum of the three (3) hours should cover eight hours of
the 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
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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
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.
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3.19 Status of CONTRACTOR/Subcontractors.
3.19.1 Independent Contractor. The Services shall be performed by
CONTRACTOR or under its supervision. CONTRACTOR will determine the means, methods
and details of performing the Services subject to the requirements of this Contract. SAFE
retains CONTRACTOR on an independent contractor basis and not as an employee, agent or
representative of the SAFE. CONTRACTOR retains the right to perform similar or different
services for others during the term of this Contract. Any additional personnel performing the
Services under this Contract on behalf of CONTRACTOR shall at all times be under
CONTRACTOR's exclusive direction and control. CONTRACTOR shall pay all wages,
salaries and other amounts due such personnel in connection with their performance of
Services and as required by law. CONTRACTOR shall be responsible for all reports and
obligations respecting such personnel, including but not limited to, social security taxes,
income tax withholdings, unemployment insurance, disability insurance, and workers'
compensation insurance.
3.19.2 Assignment or Transfer. CONTRACTOR shall not assign,
hypothecate, or transfer, either directly or by operation of law, this Contract or any interest
herein, without the prior written consent of SAFE. Any attempt to do so shall be null and void,
and any assignees, hypothecates or transferees shall acquire no right or interest by reason of
such attempted assignment, hypothecation or transfer. Notwithstanding the foregoing, SAFE
may transfer or assign any and all of its rights and obligations under this Contract, including,
without limitation the rights to terminate this Contract, as assigned, pursuant to Section 3.15
hereof.
3.19.3 Subcontracting. CONTRACTOR shall not subcontract any portion
of the work or Services required by this Contract, except as expressly stated herein, including
the Scope of Services, without prior written approval of the SAFE. Subcontracts, if any, shall
contain a provision making them subject to all provisions stipulated in this Contract. SAFE
shall 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,
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prepared by or on behalf of CONTRACTOR under this Contract (“Documents and Data”),
shall be made available to SAFE at all times during this Contract and shall become the
property of SAFE upon the completion of the term of this Contract, except that
CONTRACTOR shall have the right to retain copies of all such Documents and Data for its
records. Should CONTRACTOR, either during or following termination of this Contract, desire
to use any Documents and Data, it shall first obtain the written approval of SAFE. This
Contract creates a no-cost, nonexclusive, and perpetual license for SAFE to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in the Documents and Data which are prepared or caused to be prepared by
CONTRACTOR under this Contract (“Intellectual Property”). CONTRACTOR shall require all
subcontractors to agree in writing that SAFE is granted a no-cost, nonexclusive, and
perpetual license for any Intellectual Property the subcontractor prepares under this Contract.
CONTRACTOR represents and warrants that CONTRACTOR has the legal right to license
any and all Intellectual Property prepared or caused to be prepared by CONTRACTOR under
this Contract. SAFE shall not be limited in any way in its use of the Intellectual Property at
any time, provided that any such use not within the purposes intended by this Contract shall
be at SAFE's sole risk.
3.21.2 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents and Data either created by or provided to CONTRACTOR
in connection with the performance of this Contract shall be held confidential by
CONTRACTOR to the extent permitted by law, including, without limitation, the California
Public Records Act, Government Code section 6250 et seq. Such materials shall not, without
the prior written consent of SAFE, be used by CONTRACTOR for any purposes other than
the performance of the Services as provided herein. Nor shall such materials be disclosed to
any person or entity not connected with the performance of the Services, except as provided
herein. Nothing furnished to CONTRACTOR which is otherwise known to CONTRACTOR or
is generally known, or becomes known, to the related industry shall be deemed confidential.
CONTRACTOR shall not use SAFE's name or insignia, photographs, or any publicity
pertaining 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,
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award, or decree that may be rendered against SAFE, COMMISSION, CHP, Caltrans or their
directors, officials, officers, agents, consultants, employees, and volunteers, in any such suit,
action, or other legal proceeding. CONTRACTOR shall reimburse SAFE, COMMISSION,
CHP, Caltrans and their directors, officials, officers, agents, consultants, employees, and
volunteers, for any and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. CONTRACTOR’s obligation to
indemnify shall not be restricted to insurance proceeds, if any, received by the
CONTRACTOR, SAFE, COMMISSION, CHP, Caltrans or their directors, officials, officers,
agents, consultants, employees, and volunteers.
3.23 Insurance.
3.23.1 Time for Compliance. CONTRACTOR shall not commence work
under this Agreement until it has provided evidence satisfactory to SAFE that it has secured
all insurance required under this section, in a form and with insurance companies acceptable
to SAFE. In addition, CONTRACTOR shall not allow any subcontractor to commence work
on any subcontract until it has secured all insurance required under this section.
3.23.2 Minimum Requirements. CONTRACTOR shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance
of the Agreement by the CONTRACTOR, its agents, representatives, employees or
subcontractors. CONTRACTOR shall also require all of its subcontractors to procure and
maintain the same insurance for the duration of the Agreement. Such insurance shall meet at
least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad
as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001 or exact equivalent); (2)
Automobile Liability: Insurance Services Office Business Auto Coverage (form CA 0001, code
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
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(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.
(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,
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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
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
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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
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.
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3.23.7 Verification of Coverage. CONTRACTOR shall furnish SAFE with
original certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to SAFE. The certificates and endorsements for each
insurance policy shall be signed by a person authorized by that insurer to bind coverage on its
behalf. All certificates and endorsements must be received and approved by SAFE before
work commences. SAFE reserves the right to require complete, certified copies of all
required insurance policies, at any time.
3.23.8 Subcontractor Insurance Requirements. CONTRACTOR shall not
allow any subcontractors to commence work on any subcontract until they have provided
evidence satisfactory to SAFE that they have secured all insurance required under this
section. Policies of commercial general liability insurance provided by such subcontractors or
subcontractors shall be endorsed to name SAFE, COMMISSION, CHP and Caltrans as
additional insureds using ISO form CG 20 38 04 13 or an endorsement providing the exact
same coverage. If requested by CONTRACTOR, SAFE may approve different scopes or
minimum limits of insurance for particular subcontractors or subcontractors.
3.23.9 Review of Coverage. SAFE retains the right at any time to review
the coverage, form and amount of insurance required herein and may require CONTRACTOR
to obtain additional insurance reasonably sufficient in coverage, form, amount to provide
adequate protection against the kind and extent of risk which exists at the time of change in
insurance required.
3.23.10 Safety. CONTRACTOR shall execute and maintain its work so
as to avoid injury or damage to any person or property. In carrying out its Services, the
CONTRACTOR shall at all times be in compliance with all applicable local, state and federal
laws, rules and regulations, and shall exercise all necessary precautions for the safety of
employees appropriate to the nature of the work and the conditions under which the work is to
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.
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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
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
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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
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
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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.
3.40 Counterparts. This Agreement may be signed in one or more counterparts,
any one of which shall be effective as an original document.
3.41 Incorporation of Recitals. The recitals set forth above are true and correct
and are incorporated into this Agreement as though fully set forth herein.
3.42 Conflicting Provisions. In the event that provisions of any attached exhibits
conflict in any way with the provisions set forth in this Agreement, the language, terms and
conditions contained in this Agreement shall control the actions and obligations of the Parties
and the interpretation of the Parties’ understanding concerning the performance of the
Services. In the event the standards set forth in this Agreement conflict with the standards set
forth in any exhibit hereto, the higher standard shall govern.
3.43 Attorneys' Fees and Costs. If any legal action is instituted to enforce or
declare any Party's rights hereunder, each Party, including the prevailing Party, must bear its
own costs and attorneys' fees. This paragraph shall not apply to those costs and attorneys'
fees directly arising from any third party legal action against a Party hereto and payable under
Section 3.21, Indemnification.
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3.44 Consent. Whenever consent or approval of any Party is required under
this Contract, that Party shall not unreasonably withhold nor delay such consent or approval.
3.45 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
[Signatures on following page]
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SIGNATURE PAGE
TO AGREEMENT _____________
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: _____________________________
John F. Tavaglione, Chairman
_____________________________
Name
_____________________________
Title
APPROVED AS TO FORM: Attest:
By: ____________________________ By: ____________________________
Best Best & Krieger LLP,
Counsel to the Riverside County Its: Secretary
Service Authority for
Freeway Emergencies
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EXHIBIT “A”
Scope of Services
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EXHIBIT “B”
Compensation and Payment
[INSERT FINAL PRICE PROPOSALS FROM CONTRACTOR’S PROPOSAL]
53
AGENDA ITEM 11
Agenda Item 11
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: June 26, 2017
TO: Western Riverside County Programs and Projects Committee
FROM: Michelle McCamish, Management Analyst
Brian Cunanan, Commuter and Motorist Assistance Manager
THROUGH: Robert Yates, Multimodal Services Director
SUBJECT: Fiscal Year 2017/18 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, 2017 to June 30, 2018, to the existing 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
of 80 percent. While the monthly cost of each buspool varies according to the number of route
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Agenda Item 11
miles and the resulting negotiated service price, the Commission’s monthly subsidy reflects a
subsidy rate of 11 percent.
Average Monthly Buspool
Fare Per Rider
RCTC Subsidy
Per Seat Subsidy Rate
$318 $35 11%
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 two 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 met the minimum ridership level of 25 riders per
month and have collectively averaged 30 riders/month/buspool. The traffic and environmental
benefits realized in Fiscal Year 2016/17 by offering this subsidy are illustrated below:
Buspools Average
Riders/Month
Roundtrip
Distance Annual Miles Saved Annual One‐Way
Trips Reduced
Riverside 31 ~144 mi 1,143,648 15,884
Riverside II 29 ~200 mi 1,496,000 14,960
Estimated Pounds of Emissions Reduced
24,761
Miles Saved
2,639,648
Trips Reduced
30,844
In reducing the number of vehicles on SR‐91 during peak periods, the buspool program saved
more than 2.6 million miles and 24,761 pounds of vehicle emissions in FY 2016/17.
The buspool subsidy is funded by Congestion Mitigation and Air Quality (CMAQ) funds and a
budget of $80,000 is proposed for FY 2017/18. Based on the established monthly
$1,645/month per buspool subsidy policy, the funds will support the continuation of the two
existing buspools plus up to two new buspools through FY 2017/18.
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Agenda Item 11
Financial Information
In Fiscal Year Budget: Yes Year: FY 2017/18 Amount: $80,000
Source of Funds: CMAQ Budget Adjustment: No
GL/Project Accounting No.: 002109 81030 263 41 81002
Fiscal Procedures Approved: Date: 06/19/2017
Attachments:
1) Riverside Renewal Request
2) Riverside II Renewal Request
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CATALINA FUENTES
Send correspondences to:
Raytheon Company
2000 E. El Segundo Blvd.
PO Box 902
Bldg. R1 Rm. 9Z24 MS. B500
El Segundo, CA 90245-4501
May 15, 2017
Attn.: Michelle McCamish, Management Analyst
Commuter & Motorist Assistance
Riverside County Transportation Commission
P.O. Box 12008
Riverside, CA 92502-2208
Dear Ms. McCamish,
In compliance with the requirements of the Riverside County Transportation Commission
(RCTC), I am requesting an extension of funding for the period of July 1, 2017 to June 30, 2018
for the “Riverside” to El Segundo Commuter Buspool. I am the buspool coordinator and I
coordinate this buspool independently from any employer.
The monthly cost to operate this bus pool from Cee People Tours, LLC is $285. RCTC provides
a $35 monthly subsidy per seat and the remaining $250 is paid for by the riders and their
employers.
The following is the Riverside to El Segundo Bus pool schedule:
AM Departure Galleria at Tyler, Riverside 4:10 a.m.
AM Departure AM/PM Mini Market Lot
(Corner of Lincoln & Pomona Rd.) 4:22 a.m.
AM Arrival Raytheon, El Segundo 5:12 a.m.
PM Departure Raytheon, El Segundo 3:00 p.m.
PM Arrival Corona Park & Ride Lot 4:30 p.m.
PM Arrival Galleria at Tyler, Riverside 4:45 p.m.
Information on this buspool is available with rideshare programs at Raytheon Aerospace
Corporation, Boeing and the Los Angeles Air Force base. Employees receive this information
through direct mailings, newsletter articles, and electronic messaging from these employers.
These employer rideshare programs also share this information with other local employee
transportation coordinators.
Thank you for your continued support of this successful buspool program.
Sincerely,
Catalina E. Fuentes
Catalina Fuentes
Riverside Bus pool Coordinator
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