City of Simi Valley
Staff Report
May 4, 2026
To: City Council
From: Public Works Department
Ron Fuchiwaki, Public Works Director
Subject: Accept funding from the Regional Early Action Planning Grant and authorize the City Manager to execute the First Amendment to the Interagency Agreement with the Ventura County Transportation Commission and all related contract amendments and budget adjustments
Staff Recommendation
It is recommended that the City Council:
1. Accept funding of $110,000 from the Regional Early Action Planning Grant (REAP)
2.0 program (Attachment A);
2. Authorize the C ity Manager to execute the F irst Amendment to the interagency Agreement with the Ventura County Transportation Commission (VCTC) to receive an additional $110,000 REAP grant and extend the term of the agreement by six (6) months through December 31, 2026;
3. Approve a supplemental budget request in the Transit Fund (Fund 750, CP75000006) for $110,000; and
4. Authorize the City Manager, or her designee, to approve and execute any future amendments and grant-related documents.
Background
The REAP 2.0 Program, authorized under California Assembly Bill No. 140, provides funding and resources to support local projects that address transit rider barriers , enhance transit infrastructure, and assist local agencies in creating efficient, safe, and environmentally friendly transit options.
On September 8, 2025, the City Council approved an interagency agreement with VCTC and accepted $150,000 in funding from VCTC for the REAP grants (Attachment B).
Discussion
The City will receive an additional $110,000 in REAP Grants 2.0 Program funds , as incorporated in the First Amendment to the Interagency Agreement. Similar to the initial $150,000 of REAP grant s, the additional $110,000 funds will be used for bus stop improvements. The costs of the project will cover labor, purchasing of equipment ,
Agenda Item No.
Consent (2)
m
aterials, and supplies necessary to furnish, transport, and install combinations of bus shelters, benches, trash receptacles, and digital passenger information displays .
Attachment C lists the proposed bus stop sites scheduled for improvement under this project.
Financial Impact
$11
0,000. However, there is no impact on the City’s General Fund as funding is being provided through the REAP 2.0 Program.
C
ity Council Priority
T
his item supports the Reliable Infrastructure Pillar of Excellence.
S
uggested Motion
I
move to accept the $110,000 REAP grant funds; authorize the City Manager to execute the First Amendment to the Interagency Agreement; approve a supplemental budget request of $110,000 in the Transit Fund (Fund 750, CP75000006), and authorize the City Manager or her designee to approve any future amendment s and execute any grant - related documents.
Su
mmary
The REAP 2.0 Program, authorized under California Assembly Bill No. 140, provides funding and resources to support local projects that address transit rider barriers, enhance transit infrastructure, and assist local agencies in creating efficient, safe, and environmentally friendly transit options. It is recommended that the City Council accept additional funding of $110,000 from the REAP 2.0 program ; authorize the City Manager to execute the First Amendment to the Interagency Agreement with the Ventura County Transportation Commission to receive the additional REAP funds and extend the term of the agreement by six (6) months through December 31, 2026; approve a supplemental budget request in the Transit Fund (Fund 750, CP75000006) for $110,000; and authorize the City Manager or her designee to approve and execute any future amendments and grant-related documents.
P
repared by: Tan Koehler, Senior Management Analyst
A
ttachments:
A
ttachment A - Interagency Agreement REAP grant First Amendment Attachment B - Interagency Agreement REAP grant
Attachment C - List of Bus Stop Improvement Sites
2 Attachment A
Amendment 1 to City of Simi Valley Memorandum of Understanding Agreement 4908-8215-2097 v1
AMENDMENT NO. 1
TO
MEMORANDUM OF UNDERSTANDING BETWEEN
VENTURA COUNTY TRANSPORTATION COMMISSION
AND
CITY OF SIMI VALLEY
T
his Amendment No. 1 (“First Amendment”) is made as of this XX_ day of ___May, 2026 (“Effective Date”) by and between the VENTURA COUNTY TRANSPORTATION COMMISSION ("VCTC"), and CITY OF SIMI VALLEY. (“CITY”), (sometimes referred together as the “Parties” and singularly as a “Party”).
RE
CITALS
W
HEREAS, VCTC and CITY entered into an agreement on September 8, 2025 pursuant to which City agreed to improve bus stops (“Agreement”); and W
HEREAS, the Parties desire to amend the Agreement to provide additional funding and extend the term.
NO
W THEREFORE, VCTC and City agree as follows:
1. S
ection 1 of the Agreement shall be amended to read in its entirety as follows:
“1. ALLOCATION OF FUN DING: VCTC hereby agrees to provide up to $260,000 in Regional Early Action Planning Grants 2.0 Program funds to CITY toward bus stop improvements described in Section 2 below. CITY agrees to comply with all Regional Early Action Planning Grants 2.0 Program requirements, as such may be amended from time to time, as a recipient of such funds.”
2. Section 3 of the Agreement shall be amended to read in its entirety as follows:
“2. DURATION OF MOU AND AUTHORIZATION TO PROCEED: The term of this MOU shall commence on the Effective Date and shall terminate on December 31, 2026.”
3. E
xcept to the extent amended herein, all other provisions of the Agreement remain in full force and effect.
4. T
his First Amendment may be executed in counterparts and/or by facsimile or other electronic means, and when each Party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when 3 Amendment 1 to City of Simi Valley Memorandum of Understanding Agreement 4908-8215-2097 v1
taken together with other signed counterpart, shall constitute one original, which shall be binding upon and effective as to all Parties.
[Signatures on the Following Page]
4 Amendment 1 to City of Simi Valley Memorandum of Understanding Agreement 4908-8215-2097 v1
SIGNATURE PAGE TO
AMENDMENT NO. 1
TO
MEMORANDUM OF UNDERSTANDING BETWEEN
VENTURA COUNTY TRANSPORTATION COMMISSION
AND
CITY OF SIMI VALLEY
IN W
ITNESS THEREOF, the parties have executed this First Amendment on the __ day of ___________ 2026.
CITY OF SIMI VALLEY VENTURA COUNTY TRANSPORTATION
COMMISSION
________________________
__________________
Dee Dee Cavanaugh Martin R. Erickson
Mayor of the City of Simi Valley, California Executive Director AT
TEST:
___________________
___________ ______
Lucy Blanco, City Clerk Lindsay D’Andrea
Lead Counsel
APPR
OVED AS TO FORM:
__________________
Algeria R. Ford
City Attorney
APPR
OVED AS TO CONTENT:
___________________
Samantha C. Argabrite
City Manager
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Memorandum of Understanding between Ventura County Transportation Commission and City of Simi Valley for REAP Grants
2.0 Program funding
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MEMORANDUM OF UNDERSTANDING
BETWEEN
VENTURA COUNTY TRANSPORTATION COMMISSION
AND
CITY OF SIMI VALLEY
REGIONAL EARLY ACTION PLANNING GRANT
This Memorandum of Understanding (“MOU” or “Agreement”) is effective September 8, 2025 (“Effective Date”) between Ventura County Transportation Commission (hereinafter referred to as “VCTC”) and City of Simi Valley (hereinafter referred to as “City”) with respect to the following recitals:
WHEREAS, the Regional Early Action Planning Grants (REAP) 2.0 Program, is authorized under California Assembly Bill No. 140 to provide funding and resources to support local projects that advance the program's goals and objectives;
WHEREAS, California Assembly Bill No. 140 provides the legislative authority for the Regional Early Action Planning Grants 2.0 Program to advance the following intent and objectives:
a. Accelerate infill development that facilitates housing supply, choice, and affordability b. Affirmatively further fair housing
c. Reduce Vehicle Miles Traveled (VMT )
WHEREAS, the Regional Early Action Planning Grants Program of 2021 (“REAP 2.0”) was established with a principal goal to make funding available to Metropolitan Planning Organizations (“MPO”) and other regional entities for transformative planning and implementation activities that meet housing and equity goals, reduce Vehicl e Miles Traveled per capita, and advance implementation of the region’s Sustainable Co mmunities Strategy or Alternative Planning Strategy, as applicable;
WHEREAS, the California Department of Housing and Community Development (“HCD”) administers REAP 2.0 in accordance with Health and Safety Code sections 50515.06 to 50515.10 (“Statutes”) and REAP 2.0 guidelines for MPO applicants released by HCD pursuant to the Statutes (“REAP 2.0 Guidelines”)
WHEREAS, the Regional Early Action Planning Grants 2.0 Program envisions a comprehensive approach to address transportation challenges, enhance transit infrastructure, and support local agencies in their efforts to create efficient, safe, and environmentally friendly transit options;
WHEREAS, VCTC entered into a Memorandum of Understanding (SCAG MOU) with the Southern California Association of Governments (SCAG) to implement projects pursuant to the
Attachment B
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Memorandum of Understanding between Ventura County Transportation Commission and City of Simi Valley for REAP Grants
2.0 Program funding
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Approved Grant Application and Amendment(s) to Grant Application, under the terms, covenants, and conditions of the SCAG MOU.
WHEREAS, the purpose of the SCAG MOU is to authorize local agencies to enter into agreements with other local agencies to support the development, implementation, and funding of transit partnership projects that align with the goals and priorities of the Regional Early Action Planning Grants 2.0 Program and comply with California Assembly Bill 140;
IN CONSIDERATION of the mutual duties set forth in the Regional Early Action Planning Grants
2.0 Grant Program Guidelines including SCAG’s requirements, the parties agree that the purpose and intent of this Agreement are set forth the mutual responsibilities involving VCTC and CITY as outlined:
NOW THEREFORE THE PARTIES DO AGREE AS FOLLOWS:
I. FUNDING/PROGRAM MANAGEMENT
1. ALLOCATION OF FUNDING: VCTC hereby agrees to provide up to $150,000 in Regional Early Action Planning Grants 2.0 Program funds to CITY toward bus stop improvements described in Section 2 below. CITY agrees to comply with all Regional Early Action Planning Grants 2.0 Program requirements, as such may be amended from time to time, as a recipient of such funds.
2. SCOPE OF SERVICES/PROJECT: CITY shall purchase and install materials, amenities and any necessary hardscape improvements (“Bus Stop Amenities” or “Project”) required to accommodate the amenity installations and maintain accessibility of pathways and landings. CITY shall utilize professional services to assist in implementation of the Project.
3. DURATION OF MOU AND AUTHORIZATION TO PROCEED:
The terms of this MOU shall commence on the Effective Date and shall terminate on June 30, 2026.
4. NOTICES: All notices to VCTC under this MOU shall be in writing and sent to:
Martin R. Erickson, Executive Director
Ventura County Transportation Commission
751 Daily Drive, Suite 420
Camarillo, CA 93010
All notices to CITY under this MOU shall be in writing and sent to:
Ben Gonzales
City of Simi Valley
Deputy Public Works Director (Transit)
490 W. Los Angeles Avenue
Simi Valley, CA 93065-1644
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Notices may also be sent in writing via email to recipients designated by the respective VCTC Executive Director and CITY Deputy Public Works Director
5. METHOD OF PAYMENT:
a. VCTC shall provide reimbursement payment to CITY upon CITY’s submittal of an invoice toward the cost of purchasing and installing Bus Stop Amenities. Payment shall be made to CITY as promptly as fiscal procedures will permit, generally within thirty (30) days of receipt of a properly submitted invoice.
b. The total amount payable by VCTC to CITY pursuant to this MOU shall not exceed $150,000 (“Total Amount”). CITY agrees and understands that the Total Amount of obligated funds must be used and expended by June 30, 2026. Funds remaining unexpended beyond this date will revert back to SCAG. CITY understands that all reimbursement and expenditures are subject to the availability of Regional Early Action Planning Grants 2.0 Program funding and compliance with all program requirements.
6. QUARTERLY REPORTING: CITY shall submit written quarterly progress reports to VCTC to provide to the SCAG District Partnership Liaison to determine if CITY is performing to expectations, is on schedule, is within funding cost limitations, to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed.
7. AMENDMENTS TO THE MOU: The provisions of this MOU may be amended by execution of a written amendment by both VCTC and CITY.
8. SCAG MOU REQUIREMENTS . The Project contemplated in this Agreement will be funded in whole or in part by the Southern California Association of Government's (SCAG) Regional Early Action Program (REAP) 2.0 funds. Consequently, CITY’s performance under this Agreement must comply with the applicable provisions of the SCAG MOU entered into between VCTC and SCAG, attached hereto as Exhibit “A” and incorporated herein as though fully set out herein. The following provisions from the SCAG MOU are specifically incorporated herein and the CITY agrees that it is bound by such provisions:
a. Section 3.c. (Scope of Work and Sub-Recipient’s Responsibilities – nexus to REAP 2.0);
b. Section 3.e. – 3.g. (Scope of Work and Sub-Recipient’s Responsibilities – procurements);
c. Section 3.k. (Scope of Work and S ub-Recipient’s Responsibilities – penalty of perjury);
d. Section 5.e. (Funding – repay ment of ineligible costs); e. Section 6 (Invoices);
f. Section 7 (Reporting);
g. Section 8 (Accounting);
h. Section 9 (Allowable Uses of Grant Funds);
i. Section 10 (Work Products);
j. Section 13 (Insurance), except as modified herein;
k. Section 14 (Indemnification);
l. Section 18 (Records Retention);
m. Section 19 (Monitoring and Audits);
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n. Section 21 (Compliance with Laws, Rules, and Regulations); o. Section 22 (Public Works and Construction);
p. Section 23 (Conflict of Interest);
q. Section 24 (Independent Contractor);
r. Section 25 (Assignment); and
s. Section 26 (Release of Information).
The above-listed provisions shall survive expiration or termination of the SCAG MOU and this Agreement. CITY shall include a requirement in all agreements that CITY enters into with consultants or others to perform work under this Agreement that such agreements are also subject to the SCAG MOU and the above-listed provisions.
9. RECORDS, AUDIT, AND REVIEW:
a. Funds shall only be used in accordance with the Regional Early Action Planning Grants 2.0 Program Requirements. Agen cies receiving Regional Early Action Planning Grants 2.0 Program Funds must adhere to the Program Requirements established by the SCAG, including the use of standard governmental accounting practices, and agree to Program and financial audits as deemed appropriate by SCAG or other State control agencies at no charge to VCTC. Agencies that are found to be in noncompliance may be subject to, among other things depending on the violation: audit, suspension, or permanent disqualification from future participation in the Regional Early Action Planning Grants 2.0 Program.
b. CITY agrees to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
c. SCAG may conduct any necessary audit, quality check verification, or discovery during project implementation and post-project completion. For this reason, all documentation pertaining to this program, including contracts with Agencies, program-related records such as files, invoices, and other related documentation shall be retained and made available to SCAG upon request for the duration of the program and for three (3) years from the date of final Agency funding liquidation.
To the extent that SCAG identifies any inappropriate expenditures by CITY and SCAG requests repayment, CITY shall refund such funds to VCTC for transmission back to SCAG.
II. MISCELLANEOUS PROVISIONS
1. INSURANCE:
A. LIABILITY INSURANCE
Before distribution of any funds pursuant to this Agreement, CITY, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Services and/or operation by CITY, its agents, representatives, employees, subcontractors, and volunteers, for operation of vehicles or equipment under this Agreement. Consistent
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with the following provisions, CITY shall provide proof satisfactory to VCTC of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to operating any vehicle or equipment purchased pursuant to this Agreement and prior to receiving any funds pursuant to this Agreement. CITY shall not allow any contractor to commence work on any contract funded through this Agreement until CITY has obtained all insurance required herein for the subcontractor(s). CITY shall maintain all required insurance listed herein for the duration of this Agreement.
i. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
ii. Automobile Liability: Insurance Services Office Form Number CA 0001 covering vehicles (Code 1) with limit no less than $2,000,000 per accident for bodily injury and property damage. This shall be noted by the equipment inventory/management certification which must be filed with VCTC.
iii. WORKERS’
COMPENSATION INSURANCE: CONTRACTOR will provide
Workers’ Compensation insurance for employees and volunteers as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
B. ALL POLICIES REQUIREMENTS
Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.
Verification of coverage. Prior to beginning operations of any vehicles or equipment purchased under this Agreement and prior to any disbursement of funds pursuant to this Agreement, CITY shall furnish VCTC with complete copies of all policies delivered to CITY by the insurer, including complete copies of all endorsements attached to those policies. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If VCTC does not receive the required insurance documents prior to CITY beginning equipment or vehicle operation, this shall not waive CI TY’s obligation to provide them. VCTC reserves the right to require complete copies of all required insurance policies at any time.
Notice of Reduction in or Cancellation of Coverage. An endorsement shall be attached to all insurance obtained pursuant to this Agreement stating that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by mail, return receipt requested, has been given to VCTC. In the event that any coverage required by this section is reduced, limited, cancelled, or materially affected in any other manner, CITY shall
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2.0 Program funding
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provide written notice to VCTC at CITY’s earliest possible opportunity and in no case later than ten (10) working days after CITY is notified of the change in coverage.
Any failure of CITY to comply with reporting provisions of the policies shall not affect coverage provided to VCTC and its officers, employees, agents, and volunteers.
Occurrence or accident basis. The insurance coverage required by this Section shall cover on an occurrence or an accident basis, and not on a claims-made basis.
Additional insured; primary insurance. VCTC and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of CITY, including VCTC’s general supervision of CITY; products and completed operations of CITY, as applicable; premises owned, occupied, or used by CITY; and automobiles and equipment owned, leased, or used by the CITY in the course of providing services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to VCTC or its officers, employees, agents, or volunteers.
General liability coverage can be provided in the form of an endorsement to CITY’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 23 37 forms if later revisions used).
An endorsement must be attached to all policies stating that coverage is primary insurance with respect to VCTC and its offi cers, officials, employees and volunteers, and that no insurance or self-insurance maintained by VCTC shall be called upon to contribute to a loss under the coverage.
Deductibles and Self-Insured Retentions. CITY shall disclose to and obtain the approval of VCTC for the self-insured retentions and deductibles before beginning any of the activities contemplated by any term of this Agreement. Further, if CITY’s insurance policy includes a self-insured retention that must be paid by a named insured as a precondition of the insurer’s liability, or which has the effect of providing that payments of the self-insured retention by others, including additional insureds or insurers do not serve to sati sfy the self-insured retention, such provisions must be modified by special endorsement so as to not apply to the additional insured coverage required by this Agreement so as to not prevent any of the parties to this Agreement from satisfying or paying the self-insured retention required to be paid as a precondition to the insurer’s liability. Additionally, the certificates of insurance must note whether the policy does or does not include any self-insured retention and also must disclose the deductible.
During the period covered by this Agreement, only upon the prior express written authorization of Agreement Administrator, CITY may increase such deductibles or self- insured retentions with respect to VCTC, its officers, employees, agents, and volunteers. The Agreement Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that CITY procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
Subcontractors. CITY shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
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Wasting Policy. No insurance policy required by Section II, subsection (1) shall include a “wasting” policy limit.
Variation. VCTC may approve a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that VCTC’s interests are otherwise fully protected.
Remedies. In addition to any other remedies VCTC may have if CITY fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, VCTC may, at its sole option exercise any of the following remedies, which are alternatives to other remedies VCTC may have and are not the exclusive remedy for CITY’s breach:
Obtain such insurance and charge CITY the cost of such premiums; and/or terminate this Agreement.
Waiver of Subrogation. CITY hereby grants to VCTC a waiver of any right to subrogation which any insurer of CITY ma y acquire against VCTC by virtue of the payment of any loss under such insurance. CITY agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not VCTC has received a waiver of subrogation endorsement from the insurer.
2. INDEMNIFICATION:
To the fullest extent permitted by law, CITY shall fully defend, indemnify and hold harmless VCTC, its officers, employees, and agents from any and all claims, losses, liabilities, damages, expenses, suits or actions including attorneys’ fees, brought forth or arising under any theories or assertions of liability, occurring by or resulting from or otherwise related to the Project or this Agreement. Such obligations shall not, however, extend to any claims, losses, liabilities, damages, expenses, suits or actions that arise from VCTC’s willful misconduct.
3. ATTORNEY’S FEES: If a party to this Agreement brings any action, including arbitration or an action for declaratory relief, to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
4. SEVERABILITY: If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
5. GOVERNING LAW/VENUE: The validity, enforceability and interpretation of any of the clauses of this MOU shall be determined and governed by the laws of the State of California with venue in the court of competent jurisdiction in Ventura County.
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6. AGREEMENT: The parties agree that this Agreement constitutes the entire agreement which is made and concluded in duplicate between the two parties. Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms and conditions of this MOU as evidenced by the signatures below.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.
CITY OF SIMI VALLEY VENTURA COUNTY TRANSPORTATION
COMMISSION
________________________ __________________
Dee Dee Cavanaugh Martin R. Erickson Mayor of the City of Simi Valley, California Executive Director
ATTEST:
___________________ __________________
Lucy Blanco, City Clerk Lindsay D’Andrea
Lead Counsel
APPROVED AS TO FORM:
__________________
Algeria R. Ford
City Attorney
APPROVED AS TO CONTENT:
___________________
Samantha C. Argabrite
City Manager
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EXHIBIT A
“SCAG MOU”
14 MEMORANDUM OF UNDERSTANDING
No. M-010-24
SCAG Overall Work Program (OWP) No: 305-4926.01
Federal/State Awarding Agency: State of California, Department of Housing and Community Development
Sub-Recipient Name: Ventura County Transportation Commission Sub-Recipient’s UEI No: JEVVZV6ALEN5
Total Amount of Federal Funds Obligated to Sub-Recipient: $0 Total Amount of Non-Federal Funds Obligated to Sub-Recipient: $3,777,000 Total Amount of the Sub-Award: $3,777,000
Subaward Period of Performance Start Date: April 12, 2023 Subaward Period of Performance End Date: November 30, 2023
Type of Contract: Project Specific
Method of Payment: See Section 6 of this MOU
Project R&D: N/A
Indirect Cost Rate for the Award: 85.91%*
Fringe Benefits Cost Rate for the Award: Varies by Employee* *The Sub-Recipient’s cognizant agency, the Federal Transit Administra tion, approved the use of fiscal year (FY) 2024 rates (07/01/2023~06/30/ 2024) as indicated above. If the rates are later found to have included costs that are unallowable, Sub-Recipient will provide a refund for the unallowable indirect cost and fringe benefits amounts. Sub- Recipient must provide support for the cognizant agency approval of future FY rates.
Subaward Project Title: Ventura County Transportation Commission REAP 2.0 CTC Partnership Program Grant
Subaward Project Description: Ventura County Transportation Commission will utilize REAP 2.0 funding to fund county-specific pilots and projects to meet the REAP 2.0 Goals and Objectives within the SCAG region.
15 MOU No. : M-010-24
SCAG Project/OWP No. : 305-4926.01
MEMORANDUM OF UNDERSTANDING
No. M-010-24
BETWEEN THE
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS
AND VENTURA COUNTY TRANSPORTATION COMMISSION
FOR REAP 2.0 CTC PARTNERSHIP PROGRAM GRANT
(SCAG Project/OWP No. 305-4926.01)
This Memorandum of Understanding (“MOU”) is entered into by and between the Southern California Association of Governments (“SCAG”) and Ventura County Transportation Commission (“Sub- Recipient”), for a CTC Partnership Program Grant. SCAG and Sub-Recipient may be individually referred to as “Party” and collectively as “Parties.”
RECITALS
WHEREAS, the Regional Early Action Planning Grants Program of 2021 (“REAP 2.0”) was established with a principal goal to make f unding available to Metropolitan Planning Organizations (“MPO”) and other regional entities for transfor mative planning and imple mentation activities that meet housing and equity goals, reduce Vehicle Miles Traveled per capita, and advance implem entation of the region’s Sustainable Communities Strategy or Alternative Planning Strategy, as applicable;
WHEREAS, the California Department of Housing and Community De velopment (“HCD”) administers REAP 2.0 in accordance with Health and Safety Code sections 50515.06 to 50515.10 (“Statutes”) and REAP 2.0 guidelines for MPO applicants released by HCD pursuant to the Statutes (“REAP 2.0 Guidelines”);
WHEREAS, SCAG is the federally designated MPO for Southern California, pr imarily responsible for the development of a Regional Transportation Plan/Sustainable Communities Strategy (“RTP/SCS” also known as “Connect SoCal”) for the counties of Imperial, Los Angeles, Orange, San Bernardino, Riverside, and Ventura;
WHEREAS, HCD awarded a total of $246,024,084 to SCAG under REAP 2.0;
WHEREAS, on November 3, 2022, SCAG approved the Program Guidelines ("Program Guidelines") for the REAP 2.0 County Transportation Commission Partnership Program ("Program") which authorized up to $80,000,000 to fund county-specific projects;
WHEREAS, on April 12, 2023, SCAG released a Call for Applications for the Program;
WHEREAS, Sub-Recipient, a Count y Transportation Commission (“CTC”) eligible for funds under the Program, developed and submitted proposed projects for the Program and the following proposed projects (collectively the “Projects”) were reviewed by SCAG, determined to be consistent with the REAP 2.0 Guidelines and Program Guidelines, and thereafter approved by SCAG on July 6, 2023:
1. Countywide Transit Stops and Stations Needs Assessment and Infrastructure Improvements
16 MOU No. : M-010-24
SCAG Project/OWP No. : 305-4926.01
2. Santa Paula Branch Line Trail Master Plan and Environmental Impact Report Update
3. Countywide Paratransit Integration Analysis
4. Community Traffic Calming and Pedestrian and Bicycle Safety Program
WHEREAS, the purpose of this MOU is to describe the responsibilities of the Parties.
NOW THEREFORE, IT IS MUTUALLY AGREED THAT:
1. Recitals and Exhibits
The Recitals and all exhibits referred to in this MOU are incorporated herein by this reference and made a part of the provisions of this MOU.
2. Term
The Term of this MOU shall begin on the Effective Date and continue until November 30, 2025, (“Completion Date”), unless terminated earlier as provided herein. Time is of the essence in the performance of services under this MOU.
3. Scope of Work and Sub-Recipient’s Responsibilities
a. Sub-Recipient shall be responsible for implementing the Projects in accordance with the “Scopes of Work” attached as:
Exhibit A-1 - Countywide Transit Stops and Stations Needs Assessment and Infrastructure Improvements (VC01)
Exhibit A-2 - Santa Paula Branch Line Trail Master Plan a nd Environmental Impact Report Update (VC02)
Exhibit A-3 - Countywide Paratransit Integration Analysis (VC03) Exhibit A-4 - Community Traffic Calming and Pedestrian and Bicycle Safety Program (VC04)
b. Interim deliverables and tasks, including their sub-allocated budgets and schedules, required to implement the Scopes of Work shall be documented using the Scope of Work Approval Form, attached as Exhibit B (“SOW Approval Form”). The SOW Approval Form must be signed by Sub- Recipient’s Project Manager an d SCAG’s Deputy Director or their designee prior to the performance of the work outlined in the SOW Approval Form. The SOW Approval Form may be signed by way of a manual or authorized digi tal signature, or a signature stamp. The SOW Approval Form may be used to document interim deliverables and interim deliverable budgets and schedules but may not be used to modify the deliverables and budget noted in this MOU. The SOW Approval Form may be amended subject to approval by SCAG. No amendment to the SOW Approval Form shall be valid unless made in writing and signed by the Parties. If there is a conflict between the SOW Approval Form and this MOU, this MOU shall prevail.
c.
Sub-Recipient must demonstrat e a clear and significant nexus to all the REAP 2.0 Goals and Objectives, as described in Section 9 of this MOU, and must carry out the Projects to meet the REAP 2.0 Goals and Objectives. Any lack of acti on or action inconsistent with REAP 2.0 Goals
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and Objectives may result in review and could be subject to modification of funding, termination of this MOU, and repayment of the Grant Funds.
d. In compliance with Section 3.e., Sub-Recipient shall procure and manage one or more consultants to ensure the Scopes of Work, as outlined in the most current fully executed SOW Approval Form, are fully performed and the Projects are completed in compliance with this MOU and all applicable laws and regulations.
e. As a recipient of federal and state funds, SC AG has the responsibility for ensuring that its procurement process complies with all applicable federal, state and funding requirements. For all agreements entered into containing funds provided under this MOU or to perform work under this MOU, Sub-Recipient shall procure in compliance with all applicable federal, state, and local laws and regulations.
f. The term “Consultant(s)” shall hereinafter refer to all entities that Sub-Recipient procures, manages, or otherwise enters into contracts or ag reements with, in furtherance of the Projects or this MOU regardless of the timing, nature of se rvice/work provided or type of organization, including but not limited to government entities, political subdivisions, subrecipients, consultants, contractors, service providers, suppliers, inde pendent contractors, pr ofessionals, managers, architects, engineers, and subcontractors.
g. Upon request, Sub-Recipient sha ll provide information to the SCAG Project Manager regarding any existing solicitation including but not limited to Requests for Proposals, Invitation for Bids, Request for Qualifications, and Requests for Quotation (collectively “RFP”). For new RFPs developed or finalized after the Effective Date of this MOU, S ub-Recipient shall provide a copy of the RFP to the SCAG Project Manager. SCAG may require documentation of RFPs and Notices to Proceed before approval of invoice reimbursement.
h. When requested, Sub-Recipient shall provide ot her related documentation of compliance, as determined by SCAG, with applicable procurement requirements and terms and conditions of this MOU within ten (10) days of the request.
i. Sub-Recipient shall be responsible for review ing and paying Consultant(s)’ invoices prior to submitting invoices for repayment.
j. Sub-Recipient shall be accountable to SCAG and HCD to ensure Consultant(s)’ performance. Sub- Recipient’s Project Manager shall be responsible for final approval of Consultant(s)’ deliverables consistent with the Scopes of Work, as outlined in the most current fully executed SOW Approval Form; provided, however, that prior to approvi ng a deliverable from the Consultant(s), Sub- Recipient’s Project Manager shall provide a copy of the deliverable to SCAG’s Project Manager.
k. Any and all notices, reports, or other communi cations required by this MOU, including but not limited to invoices, accounting reports, supporting documentation, and monitoring reports, shall be submitted under the penalty of perjury.
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4. Project Management
a. All work under this MOU shall be coordinated with SCAG and Sub-Recipient through the Project Managers.
b. For purposes of this MOU, SCAG designates the following individual(s) as its Project Manager:
Erin Barry
Senior Regional Planner
(213) 630-1537
[email protected]
SCAG reserves the right to change this designation upon written notice to Sub-Recipient.
c. For purposes of this MOU, Sub-Recipient designates the following individual(s) as its Project Manager:
Amanda Fagan
Director of Planning and Sustainability
(805) 642-1591 x103
[email protected]
Sub-Recipient reserves the right to change this designation upon written notice to SCAG.
5. Funding
a. SCAG’s contribution to the Projects is funded wholly with REAP 2.0 funds, in an amount not to exceed $3,777,000 (“Grant Funds”). The individual Projects shall be funded as follows (“Project Funds”):
Countywide Transit Stops and Stations Needs A ssessment and Infrastructure Improvements – $1,500,000
Santa Paula Branch Line Tra il Master Plan and Environmental Impact Report Update – $1,677,000 Countywide Paratransit In tegration Analysis – $300,000 Community Traffic Calming and Pedestrian and Bicycle Safety Program – $300,000
b. SCAG shall not be obligated to make payments for any Project costs that exceed the Project Funds for that Project or the Grant Funds for the Projec ts. SCAG shall not be obligated to pay for any increase in Project costs which exceeds the Projec t’s budget included in this MOU and the most current fully executed SOW Approval Form, the Project Funds for that Project, or the Grant Funds for the Projects. SCAG shall not be obligated to make payments from any source other than funds provided by HCD to SCAG pursuant to REAP 2.0. In the event HCD terminates its agreement to provide funds or reduces the funds provided, SCAG shall have the right to terminate this MOU, in accordance with Section 17, or to amend this MOU to reflect the changes in funding.
c. SCAG shall make payments to Sub-Recipient on ly for work performed within the Period of Performance as part of the Scopes of Work, as outlined in the most current fully executed SOW
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Approval Form, and consistent with REAP 2.0 Go als and Objectives, REAP 2.0 Guidelines, and Program Guidelines. For purposes of this MOU the Period of Performance shall be from April 12, 2023 until the Completion Date.
d. SCAG reserves the right, in its sole discretion, to discontinue funding a ny one or more of the Projects and/or terminate this MOU as described in Section 17.
e. Any costs for which Sub-Recipient receives reim bursement or credit that is determined by a subsequent audit or other review by either SCAG, HCD, other State authorities or federal cognizant agency to be ineligible or otherwise unallowable, are to be repaid by Sub-Recipient within thirty (30) calendar days of Sub-Recipient receiving notice or a written demand for reimbursement from SCAG. Such repayment may in clude interest, penaltie s or related fees, as determined by HCD or other State authorities. Should Sub-Recipient fail to reimburse unallowable costs due to SCAG within thirty (30) calendar days of demand, or within such other period as may be agreed between both parties hereto, SCAG is authorized to withhold and/or off-set future payments to Sub-Recipient.
6. Invoices
a. This MOU is a Cost Reimbursement agreement. Amounts claimed must reflect the actual incurred and paid cost of completed work. The actual incurred and paid costs may not exceed the Project’s budget set forth in the most current fully exec uted SOW Approval Form. All invoices submitted to SCAG for payment shall be e-mailed to a [email protected] (file cannot exceed 10MB). All invoices submitted to SCAG for the Projects shall reference the OWP Project Number (OWP No. 305-4926.01). A separate invoice must be submitted for each individual Project.
b. By the twenty-first following the start of a ne w month (i.e., January 21, February 21, March 21), Sub-Recipient shall submit an invoice for each Project to SC AG using the “Invoice Report” attached as Exhibit C. The Invoice Report must be submitted in both PDF format and the Excel file provided by SCAG. The Invoice Report shall also include, in narrative form, a progress report section with a description of services performed by Sub-Recipient’s staff and Consultant(s) as well as progress toward completion of tasks related to the Project for the invoiced period, a reporting of all costs incurred for that period, and progr ess achieved toward the REAP 2.0 Goals and Objectives. SCAG shall review the Invoice Repo rt for compliance with this MOU. If SCAG determines that the Invoice Report is compliant with this MOU, SCAG shall approve the Invoice Report and issue payment to the Sub-Recipient.
c. Incomplete or inaccurate invoices may be retu rned to Sub-Recipient for correction without payment until corrected and approved. SCAG ma y, at its discretion, disallow any unsupported costs and process the invoice. If Sub-Recipient corrects the error, the disallowed items can be included in the next set of invoices.
d. Travel expenses and per diem rates are not to exceed the rate specified by the State of California Department of Human Resources for similar employees (i.e. non-repres ented employees) unless written verification is supplied that government hotel rates were not then commercially available to Sub-Recipient, and its Consultant(s) at the time and location required as specified in the California Department of Transportation’s Travel Guide Exception Process, which can be found
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at the following link: http://www.dot.ca.gov/hq/asc/travel/ap_b/bu1.htm . Also see the link for a summary of travel reimbursement rules.
e. The Parties acknowledge that SCAG’s fiscal year is from July 1 to June 30. Sub-Recipient agrees to submit all invoices to SCAG for eligible expenses incurred through June 30th, no later than July 21st during the Term of this MOU. SCAG shall not be obligated to pay Sub-Recipient for any invoice received after such date.
f. Sub-Recipient shall submit its final invoice to SCAG within thirty (30) days of the completion of each individual Project, but no later than December 31, 2025, whichever is first. SCAG shall not be obligated to pay-Sub Recipient for any invoice received after such date.
g. Sub-Recipient will require that its Consultant(s) pay any contractors and subcontractors for satisfactorily completed work no later than ten (10) days of receipt of each payment from Sub- Recipient. The ten (10) calendar days period is applicable unless a shorter period is required by applicable law.
7. Reporting
a. At any time during the term of this MOU, SCAG may request additional information, as needed, to demonstrate satisfaction of all requirements identified in the MOU.
b. By February 10 of each year following receipt of funding pursuant to this MOU, Sub-Recipient shall submit an Annual Report using the “Sub-Recipient Report Template,” attached as Exhibit D (“Report Template”). Sub-Recipient shall submit a separate Annual Report for each Project. The Annual Report shall include , in narrative form, a descripti on of services performed by Sub- Recipient’s staff and Consultant(s) as well as progress toward completion of tasks related to the Project for the prior year, a reporting of all co sts incurred for that period, and progress achieved toward the REAP 2.0 Goals and Objectives.
c. When a Project is finalized, and no later th an December 31, 2025, Sub-Recipient shall submit a Close-Out Report for the Project. At the time of the execution of this MOU, HCD has not provided the requirements for the Close-Out Report due to HCD by all grantees at the conclusion of the grant performance period. Therefore, the Cl ose-Out Report format required by SCAG of Sub- Recipient is not available at this time, but will be provided when it becomes available.
d. All reports submitted to SCAG shall reference the OWP Project Number (OWP No. 305-4926.01).
8. Accounting
a. Sub-Recipient shall establish and maintain an accounting system and reports that properly accumulate incurred Project costs by line. The accounting system shall conform to Generally Accepted Accounting Principles (“GAAP”), enable the determination of incurred costs as interim points of completion, and provide support for payment vouchers and invoices.
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b. Sub-Recipient shall establish a se parate ledger account for recei pts and expenditures of Project Funds and Grant Funds and maintain expenditure details in accordance with the Scopes of Work, as outlined in the most current fully executed SOW Approval Form, for each Project.
c. Sub-Recipient shall maintain documentation of its completed procurements (including the use of sole source purchasing), and fina ncial records of expenditures in curred during the course of the Projects in accordance with GAAP.
9. Allowable Uses of Grant Funds
a. SCAG shall not award or disburse funds unless it determines that the Project Funds and Grant Funds shall be expended in compliance with the REAP 2.0 Goals and Objectives.
i. REAP 2.0 Goals (“Goals”) are to invest in housing, planning, and infill housing-supportive infrastructure across the entire state in a manner that reduces Vehicle Miles Traveled (“VMT”), increases housing affordability, and advances equity. More detailed information on the Goals can be found in Section 201 of the REAP 2.0 Notice of Funding Availability (“NOFA”) and Final Guidelines for MPO Applicants and are made a part of the provisions of this MOU as if set forth in full.
ii. REAP 2.0 Objectives (“Objectives”) include: (1) accelerating infill development that facilitates housing supply, choice, and affordability; (2) a ffirmatively furtheri ng fair housing; (3) reducing vehicle miles traveled. More detailed information on the Objectives can be found in Section 202 of the REAP 2.0 NOFA and Final Guidelines for MPO Applicants and are made a part of the provisions of this MOU as if set forth in full.
b. Project Funds and Grant Funds shall only be used by Sub-Recipient for activities approved by SCAG and included in the Scopes of Work, as outlined in the most current fully executed SOW Approval Form.
c. Project Funds and Grant Funds may not be used for administrative costs of persons employed by Sub-Recipient for activities not directly related to eligible activities.
d. Sub-Recipient shall use no more than five perc ent (5%) of the Project Funds for administrative costs related to a Project, or a maximum of One Hundred Eighty-Eight Thousand Eight Hundred Fifty Dollars ($188,850), whichever is lower. For purposes of this MOU, administrative costs are the costs incurred in direct support of gran t administration that are not included in the organization’s indirect cost pool. Additional funds may be us ed from other sources solely contributed by Sub-Recipient to support Sub-Recipient’s administration of the Projects.
i. Sub-Recipient must clearly indicate if funds will be used towards administrative costs on or before the Effective Date of this MOU.
ii. If Sub-Recipient is seeking reimbursement for indirect costs and/or fringe benefits costs, they must annually submit an Indirect Cost Allocati on Plan (“ICAP”) or an Indirect Cost Rate Proposal (“ICRP”) to its cognizant agency for indi rect costs and/or fri nge benefits costs in accordance with Title 2 Code of Federal Regulations Part 200 (2 CFR 200) Uniform Administrative Requirements, Cost Principles, And Audit Requirements For Federal Awards.
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The cognizant agency for indirect costs and/or fringe benefits costs means the federal agency responsible for reviewing, nego tiating, and approving ICAPs or I CRPs. Sub-Recipient must provide their approved indirect cost rate and/or fringe benefit rate and provide a copy to SCAG Project Manager of the approved negotiated indirect cost rate agreement (“NICRA”) for the current fiscal year and subsequent years th roughout the performance period. Indirect costs and/or fringe benefits costs ma y be sought for reimbursement only if Sub-Recipient has an approved NICRA from its cognizant agency on or before the Effective Date of this MOU.
iii. If Sub-Recipient is seeking re imbursement for fringe benefits costs with absence of the approved NICRA and proposes to use a rate to allocate the fringe benefits costs on the basis of entity-wide salaries and wages of the employees receiving the benefits, they must annually prepare the fringe benefits cost allocation plan in accordance with Title 2 Code of Federal Regulations Part 200 (2 CFR 200) Uniform Administrative Requi rements, Cost Principles, And Audit Requirements For Federal Awards an d provide a letter from the Sub-Recipient’s independent auditor confirming the compliance for the current fiscal year and subsequent years throughout the performance period.
iv. If Sub-Recipient elects a de minimis indirect cost rate of 10%, they must annually complete a certification form provided by SCAG Project Manager to confirm the eligibility and compliance with Title 2 Code of Federal Regu lations Part 200 (2 CFR 200) Uniform Administrative Requirements, Cost Principles, And Audit Requirements For Federal Awards and submit the signed form to SCAG Project Manager for the current fiscal year and subsequent years throughout the performance pe riod. The de minimis rate of 10% is to be applied to modified total direct costs (MTDC) as defined by 2 CFR Part 200.1.
e. There must be a strong implementation compone nt for the funded activity through REAP 2.0, including, where appropriate, agreement by Sub- Recipient to submit the completed planning document to the applicable board, council, or other entity for adoption. If Sub-Recipient does not formally request adoption of the funded activity, it may be subject to repayment of the Grant Funds.
10. Work Products
a. For purposes of this MOU, “Work Products” shall mean all deliverables created or produced under this MOU including, but not limited to, all deliverables conceived or made either solely or jointly with others during the term of this MOU and dur ing a period of six months after the termination thereof, which relates to the Projects. Work Pro ducts shall not include r eal property or capital improvements. Work Products in cludes all deliverables, inven tions, innovations, improvements, or other works of authorship S ub-Recipient or Consultant(s) may conceive of or develop in the course of this MOU, whether or not they are eligible for patent, copyright, trademark, trade secret or other legal protection.
b. Sub-Recipient shall submit one (1 ) electronic copy of all Work Products associated with the Projects to the assigned SCAG Project Manager.
c. SCAG shall own all Work Products. SCAG grants to Sub-Recipient a perpetual royalty-free, non- assignable, non-exclusive and irrevocable license to reproduce, publish or otherwise use Work Products related to the Projects and developed as part of this MOU; provided, however, that any
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reproduction, publishing, or reuse of the Work Products will be at Sub-Recipient’s sole risk and without liability or legal exposure to SCAG.
d. Subject to any provisions of law, including but not limited to the California Public Records Act, all deliverables and related materials related to the Projects shall be held confidential by Sub- Recipient. Nothing furnished to SCAG which is otherwise known or is generally known, or has become known, to the related industry shall be deemed confidential. Sub-Recipient shall safeguard such confidential materials from unauthorized disclosure, using the same standard of care to avoid disclosure as Sub-Recipient treats its confidential information, but in no case less than reasonable care.
11. Amendments
No amendment or variation of the terms of this MOU shall be valid unless made in writing and signed by the Parties. If an amendment is to become effective before the date of full execution by the Parties, the effective date of such amendment shall be no earlier than the date that SCAG received the request.
12. Notices
Any notice or notices required or permitted to be given pursuant to this MOU may be personally served on the other Party by the Party giving such notice, or may be served by certified mail, return receipt requested, to the following addresses:
To SCAG: Cindy Giraldo
Chief Financial Officer
Southern California Association of Governments
900 Wilshire Blvd., Suite 1700
Los Angeles, CA 90017
(213) 630-1413
[email protected]
SCAG reserves the right to change this designation upon written notice to Sub-Recipient.
To Sub-Recipient: Martin Erickson
Executive Director
Ventura County Transportation Commission
751 E. Daily Dr. Suite 420
Camarillo, CA 93010
(805) 642-1591 x123
[email protected]
13. Insurance
a. Sub-Recipient, at their own expense, shall procure and maintain policies of insurance, or provide evidence of self-insurance, of the types and amounts below, for the duration of the MOU. The policies shall state they afford primary coverage.
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Insurance Type Requirements Limits
General Liability Commercial General
Liability insurance with
coverage at least as broad as
Insurance Services Office
form CG 00 01.
Not less than $5,000,000 per occurrence,
$10,000,000 general aggregate, for bodily injury,
personal injury, and property damage. The policy
must include contractual liability that has not
been amended. Any endorsement restricting
standard ISO “insured contract” language will
not be accepted.
Automobile
Liability
Automobile insurance at
least as broad as Insurance
Services Office form CA 00
01. Covering bodily injury and property damage for
all activities of the Sub-Recipient arising out of
or in connection with work to be performed under
this MOU, including coverage for any owned,
hired, non-owned, or rented vehicles, in an
amount not less than $1,000,000 combined single
limit for each accident.
Workers’
Compensation/
Employer’s Liability
Workers’ Compensation
insurance as required by the
State of California and
Employer’s Liability
Insurance. Not required for
sole proprietors or Sub-
Recipients with no
employees.
Including Occupational Diseases in accordance
with California Law and Employers’ Liability
Insurance with a limit of not less than $1,000,000
each accident.
Professional
Liability Insurance
Professional Liability (Errors
and Omissions) insurance
appropriate to the Sub-
Recipient’s profession.
With limits of not less than $3,000,000 per
occurrence. In addition, it shall be required that the professional liability insurance policy remain in
effect for three (3) years after the Completion Date
of this MOU.
Builders Risk Upon commencement of
construction and with
approval of SCAG, Sub-
Recipient shall obtain and
maintain builder’s risk
(course of construction) for
the entire duration of the
Project. Not required for
Projects without
construction.
Sub-Recipient shall purchase and maintain
property insurance written on a builder’s risk
“Special Form Cause of Loss” or equivalent
policy form in an amount not to exceed amount
of the Contract, plus the cost of materials
supplied or installed by others on a full
replacement cost basis. The Builder’s Risk policy
shall include a soft cost endorsement that covers
soft costs equal to twenty percent (20%) of the
Contract’s full value. Soft costs are defined as
certain expenses, in addition to labor and
materials, required to complete the Project that
has been delayed due to unexpected physical
damage and include, but are not limited to, the
following: legal/accounting fees, design or other
professional fees, financing costs, taxes, general
administration, lease expe nses, permit fees and
insurance premiums. This insurance shall include
the interests of the Additional Insureds as named
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SCAG Project/OWP No. : 305-4926.01
below, Sub-Recipient a nd the subcontractors of
every tier on the Project as insureds. The
insurance shall cover without limitation, loss or
damage to the Work arising from the perils
covered under “Special Form Cause of Loss”
form coverage including, without duplication of
coverage for theft, fire, lightning, explosion, or
hail, smoke, aircraft or vehicles, riot or civil
commotion, vandalism, malicious mischief,
collapse, earthquake, flood, windstorm, false-
work, testing and delay of startup, temporary
buildings, property in transit and while stored at
a temporary location, debris removal including
demolition occasioned by enforcement of any
applicable legal requirements, and shall cover
reasonable compensation for Sub-Recipient’s
services and expenses required as a result of such
loss. During the Project construction period, Sub-
Recipient and its subcontractors shall mutually
waive all rights of recovery against each other
and against the Additional Insureds identified
below for damages caused by fire or other perils
covered by the Builders Risk “Special Form
Cause of Loss” insurance. All applicable policies
of insurance covering the Work or the property of
the Sub-Recipient or s ubcontractor shall be
endorsed to provide a waiver of subrogation in
favor of the Additional Insureds identified below,
Sub-Recipient and all s ubcontractors of every
tier. Further, Sub-Recipient hereby releases, and
shall cause its subcontractors to release, the
Indemnitees identified in section 14 from any and
all claims, losses and damages caused by fire or
other perils covered by the Builders Risk “Special
Form Cause of Loss” insurance. There shall be no
deductible or self-insur ed retention exceeding
$10,000.00 per loss, other than earthquake or
flood which may have deductible or self-insured
retentions not exceeding $50,000.00. The policy
may have sublimits not less than the following:
Earthquake $5,000,000.00 Flood $1,000,000.00
Pollution Liability Coverage shall provide for
liability arising out of
sudden, accidental, and
gradual pollution, and
remediation. Not required
The policy limit shall be no less than $1,000,000
per claim and in the aggregate. All activities
contemplated in this MOU shall be specifically
scheduled on the policy as “covered operations.”
The policy shall provide coverage for
remediation of the site in the event of an
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SCAG Project/OWP No. : 305-4926.01
for Projects without
construction.
environmental contamination event arising out of
the materials, supplies, products, work,
operations, or workmanship.
Products/Completed
Operations
Coverage
Coverage shall extend a
minimum of three (3) years
after project completion. Not
required for Projects without
construction.
Coverage shall be incl uded on behalf of the
insured for covered claims arising out of the
actions of independent contractors. If the insured
is using subcontractors, the Policy must include
work performed “by or on behalf” of the insured.
Policy shall contain no language that would
invalidate or remove the insurer’s duty to defend
or indemnify for claims or suits expressly
excluded from coverage. Policy shall specifically
provide for a duty to defend on the part of the
insurer. SCAG, its officials, officers, agents, and
employees, shall be included as additional
insureds under the Pr oducts and Completed
Operations coverage.
b. Higher Limits: no representation is made that the minimum insurance requirements of this agreement are sufficient to cover the indemnity or other obligations of the sub-recipient under this agreement.
c. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
i. SCAG, its officials, employees, and volunteers ar e to be covered as additional insureds, as respects to liability arising out of the activities performed by or on behalf of Sub-Recipient; products and completed operations of Sub-Recipient; premises owned, occupied or used by Sub- Recipient; or automobiles owned leased, hired or borrowed by Sub-Recipient. The coverage shall contain no special limitations on the scope of protection afforded to SCAG, its officials and employees.
ii. For any claims related to this Project, Sub-Recipient’s insurance coverage shall be primary insurance as respects SCAG, its officials an d employees. Any insurance or self-insurance maintained by SCAG shall be excess of Sub-Recipient’s insurance and shall not contribute with it.
iii. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to SCAG, its officials and employees.
iv. Sub-Recipient’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
d. The Workers’ Compensation and Employer’s Liability policies shall include a waiver of subrogation endorsement in favor of SCAG, its, officials, employees, and volunteers.
e. Any deductibles or self-insured retentions in amounts over $10,000 must be declared to and approved
27 Attachment C
List of Bus Stop Improvement Sites
Los Angeles & Doneville Royal &
Madera
Sycamore & E. Los Angeles Alamo &
Broadmore Ave Alamo & Broadmore
Ave Alamo & Atherwood
Alamo & Atherwood
Alamo & Galena
Alamo & Galena
Cochran & Galena
Cochran & Tracy
Cochran & Tracy
K
uehner & Menlo
Kuehner &
Menlo
Kuehner & Menlo
Kuehner & Menlo
Kuehner & Menlo
Royal & El Monte Ave
Tapo & Eileen St
Tapo & Eileen St
Tapo & Eileen St
Tapo & Eileen St
Los Angeles & Sequoia Ave
Los Angeles & Sequoia Ave
Royal Ave & Erringer
Los Angeles & Rory Ln
Los Angeles & Rory Ln
Los Angeles avenue and Sinaloa road
Cochran Street and Stow Street
Cochran Street and Galena avenue
Alamo Street and Tapo Canyon Road at Civic Center
Erringer and Heywood Street
28