HomeMy Public PortalAbout11 November 13, 2019 CommissionRIVERSIDE
COUNTY
TRANSPORTATION
COMMISSION
MEETING AGENDA
TIME/DATE: 9:30 a.m. / Wednesday, November 13, 2019
LOCATION: BOARD ROOM
County of Riverside Administrative Center
4080 Lemon Street, First Floor, Riverside
COMMISSIONERS
Chair — Chuck Washington
Vice Chair — Ben J. Benoit
Second Vice Chair — Jan Harnik
Kevin Jeffries, County of Riverside, District 1
Karen Spiegel, County of Riverside, District 2
Chuck Washington, County of Riverside, District 3
V. Manuel Perez, County of Riverside, District 4
Jeff Hewitt, County of Riverside, District 5
Art Welch / Daniela Andrade, City of Banning
Lloyd White / Julio Martinez, City of Beaumont
Joseph DeConinck / Johnny Rodriguez, City of Blythe
Larry Smith / Linda Molina, City of Calimesa
Randall Bonner / Jeremy Smith, City of Canyon Lake
Raymond Gregory / Mark Carnevale, City of Cathedral City
Steven Hernandez / Megan Beaman Jacinto, City of Coachella
Wes Speake / Jim Steiner, City of Corona
Scott Matas / Russell Betts, City of Desert Hot Springs
Clint Lorimore / Todd Rigby, City of Eastvale
Linda Krupa / Russ Brown, City of Hemet
Dana Reed / Kimberly Muzik, City of Indian Wells
Waymond Fermon / Oscar Ortiz, City of Indio
Brian Berkson / Chris Barajas, City of Jurupa Valley
Kathleen Fitzpatrick / Robert Radi, City of La Quinta
Bob Magee / Natasha Johnson, City of Lake Elsinore
Bill Zimmerman / Dean Deines, City of Menifee
Victoria Baca / Carla Thornton, City of Moreno Valley
Scott Vinton / To Be Appointed, City of Murrieta
Berwin Hanna / Ted Hoffman, City of Norco
Jan Harnik / Kathleen Kelly, City of Palm Desert
Lisa Middleton / Jon R. Roberts, City of Palm Springs
Michael M. Vargas / Rita Rogers, City of Perris
Ted Weill / Charles Townsend, City of Rancho Mirage
Rusty Bailey / Andy Melendrez, City of Riverside
Andrew Kotyuk / Russ Utz, City of San Jacinto
Michael S. Naggar / Maryann Edwards, City of Temecula
Ben J. Benoit / Joseph Morabito, City of Wildomar
Mike Beauchamp, Governor's Appointee Caltrans District 8
Comments are welcomed by the Commission. If you wish to provide comments to the Commission,
please complete and submit a Speaker Card to the Clerk of the Board.
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
www.rctc.org
MEETING AGENDA*
*Actions may be taken on any item listed on the agenda
9:30 a.m.
Wednesday, November 13, 2019
BOARD ROOM
County of Riverside Administrative Center
4080 Lemon Street, First Floor, Riverside, CA
In compliance with the Brown Act and Government Code Section 54957.5, agenda materials distributed 72 hours
prior to the meeting, which are public records relating to open session agenda items, will be available for
inspection by members of the public prior to the meeting at the Commission office, 4080 Lemon Street, Third
Floor, Riverside, CA, and on the Commission's website, www.rctc.org.
In compliance with the Americans with Disabilities Act, Government Code Section 54954.2, and the Federal
Transit Administration Title VI, please contact the Clerk of the Board at (951) 787-7141 if special assistance is
needed to participate in a Commission meeting, including accessibility and translation services. Assistance is
provided free of charge. Notification of at least 48 hours prior to the meeting time will assist staff in assuring
reasonable arrangements can be made to provide assistance at the meeting.
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENTS — Each individual speaker is limited to speak three (3) continuous minutes or less.
The Commission may, either at the direction of the Chair or by majority vote of the Commission, 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. In addition, the maximum time for public comment for any individual item or topic is thirty (30)
minutes. Also, the Commission may terminate public comments if such comments become repetitious.
Speakers may not yield their time to others without the consent of the Chair. Any written documents to
be distributed or presented to the Commission 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 Commission should not take action on or discuss matters raised during public
comment portion of the agenda that are not listed on the agenda. Commission members may refer such
matters to staff for factual information or to be placed on the subsequent agenda for consideration.
5. ADDITIONS / REVISIONS — The Commission 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 Commission subsequent to the posting of the agenda. An action adding an item
Riverside County Transportation Commission Meeting Agenda
November 13, 2019
Page 2
to the agenda requires 2/3 vote of the Commission. If there are less than 2/3 of the Commission
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. APPROVAL OF MINUTES — OCTOBER 17, 2019
7. CONSENT CALENDAR —All matters on the Consent Calendar will be approved in a single motion
unless a Commissioner(s) requests separate action on specific item(s). Items pulled from the
Consent Calendar will be placed for discussion at the end of the agenda.
7A. SINGLE SIGNATURE AUTHORITY REPORT
Page 1
Overview
This item is for the Commission to receive and file the Single Signature Authority report
for the first quarter ended September 30, 2019.
7B. REVENUE ESTIMATE FOR COUNTYWIDE TRANSPORTATION IMPROVEMENT AND
TRAFFIC RELIEF PLAN
Page 3
Overview
This item is for the Commission to approve a revenue estimate to guide development
of the countywide Traffic Relief Plan (Plan).
7C. QUARTERLY PUBLIC ENGAGEMENT METRICS REPORT, JULY — SEPTEMBER 2019
Page 6
Overview
This item is for the Commission to receive and file the Quarterly Public Engagement
Metrics Report for July — September 2019.
7D. AGREEMENT FOR EXPRESS LANES CONSULTING SERVICES
Overview
This item is for the Commission to:
Page 12
1) Award Agreement No. 20-31-001-00 to HNTB Corporation for express lanes
consulting services for a five-year term, plus two one-year options to extend
the agreement, in an amount of $10 million, plus a contingency amount of
$500,000, for a total amount not to exceed of $10.5 million;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to
execute the agreement, including option years, on behalf of the Commission;
and
Riverside County Transportation Commission Meeting Agenda
November 13, 2019
Page 3
3) Authorize the Executive Director or designee to approve the use of the
contingency amount as may be required for these services.
7E. PACHAPPA UNDERPASS CONSTRUCTION CONTRACT AWARD AND AMENDMENT FOR
CONSTRUCTION SUPPORT SERVICES
Overview
This item is for the Commission to:
Page 42
1) Award Agreement No. 19-31-094-00 to SEMA Construction, Inc. (SEMA) to
construct the Pachappa Underpass project (Project), in the amount of
$8,237,419, plus a contingency amount of $862,581 for potential change orders
and supplemental work during construction, for a total not to exceed contract
authorization of $9.1 million;
2) Waive informalities and minor irregularities in the SEMA bid;
3) Approve Agreement No. 16-31-051-04, Amendment No. 4 to Agreement
No. 16-31-051-00, with Jacobs Project Management Company (Jacobs) to
provide construction management (CM), materials testing, and construction
surveying services for the Project, for an additional amount of $1,245,509, and
a total amount not to exceed $3,245,509;
4) Authorize the Executive Director, or designee, to approve contingency work as
may be required for the Project; and
5) Authorize the Chair or the Executive Director, pursuant to legal counsel review,
to execute the agreements on behalf of the Commission.
7F. AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR
STATE FUNDING AND SENATE BILL 1 FUNDING FOR THE OPERATION OF THE FREEWAY
SERVICE PATROL PROGRAM IN RIVERSIDE COUNTY
Page 61
Overview
This item is for the Commission to:
1) Approve Agreement No. 20-45-013-00 with the California Department of
Transportation (Caltrans) to provide state funding for Fiscal Year 2019/20 for
the operation of the Riverside County Freeway Service Patrol (FSP) program in
an amount not to exceed $1,702,145;
2) Approve Agreement No. 20-45-016-00 with Caltrans to provide SB 1 funding for
FY 2019/20 for the operation of the Riverside County FSP program in an amount
not to exceed $1,464,524; and
3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to
execute the agreements on behalf of the Commission.
Riverside County Transportation Commission Meeting Agenda
November 13, 2019
Page 4
8. FRAMEWORK FOR IMPLEMENTATION OF THE STATE ROUTES 241/91 EXPRESS LANES
CONNECTOR
Overview
This item is for the Commission to:
Page 80
1) Approve the State Routes 241/91 Express Lanes Connector term sheet as a framework
for future agreements, contingent on all parties agreeing to the term sheet; and
2) Direct staff to work with agencies to prepare associated agreements for each respective
governing board's consideration, consistent with the terms included in this report.
9. TRAFFIC RELIEF PLAN STRUCTURE: GEOGRAPHY AND EXPENDITURE CATEGORIES
Page 128
Overview
This item is for the Commission to approve geographic divisions and expenditure categories for
the countywide Traffic Relief Plan (Plan).
10. ECONOMIC IMPACT STUDY
Overview
This item is for the Commission to:
Page 133
1) Approve Agreement No. 20-19-012-00 to University of California, Riverside (UCR)
School of Business, Center for Economic Forecasting & Development (UCR Center) to
perform an economic impacts analysis related to the investment of an additional sales
tax for transportation improvements in Riverside County in an amount not to exceed
$199,500; and
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute
the agreement on behalf of the Commission.
11. AGREEMENT FOR BACK OFFICE SYSTEM AND CUSTOMER SERVICE CENTER OPERATIONS FOR
THE 91 EXPRESS LANES IN ORANGE AND RIVERSIDE COUNTIES
Overview
This item is for the Commission to:
1) Award Agreement No. 19-31-059-00 among the Orange County Transportation
Authority (OCTA), Riverside County Transportation Commission (RCTC), and Cofiroute
USA, LLC (Cofiroute) to provide back -office system (BOS) and customer service center
(CSC) operations services for the 91 Express Lanes (91EL) in Orange and Riverside
Counties in an amount of $88,591,344, plus a contingency amount of $1,850,000, for a
total amount not to exceed $90,441,344;
Page 167
Riverside County Transportation Commission Meeting Agenda
November 13, 2019
Page 5
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute
the agreement, including options 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 by the project; and
4) Authorize the payment of pass -through items in an amount not to exceed $10.5 million.
12. ITEM(S) PULLED FROM CONSENT CALENDAR AGENDA
13. COMMISSIONERS / EXECUTIVE DIRECTOR REPORT
Overview
This item provides the opportunity for the Commissioners and the Executive Director to report
on attended meetings/conferences and any other items related to Commission activities.
14. CLOSED SESSION
14A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Agency Negotiator: Executive Director or Designee
Item
APN(s)
Property Owner
Buyer(s)
1
102-092-030, 102-092-031,
102-101-002, 102-101-033,
102-101-035, 102-101-037
RCTC
JDI Ventures Real Estate LLC
2
118-160-021
RCTC
JDI Ventures Real Estate LLC
3
117-111-005
RCTC
JDI Ventures Real Estate LLC
4
117-112-001 and 117-112-002
RCTC
Cruz Ortega
5
117-112-014 and 117-112-015
RCTC
JDI Ventures Real Estate LLC
6
117-122-001 and 117-122-002
RCTC
JDI Ventures Real Estate LLC
14B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Agency Negotiator: Executive Director or Designee
Item
APN(s)
Property Owner
Buyer(s)
1
465-030-024
Lisa Li Ju Chen
RCTC
15. ADJOURNMENT
The next meeting of the Commission is scheduled to be held on Wednesday,
December 11, 2019, Board Room, First Floor, County Administrative Center, 4080 Lemon
Street, Riverside.
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S)oCal
Learn more about a plan for
greater mobility,
cleaner air ;i
better access
to job centers
Public Events Discussing the Draft Connect SoCal Plan
SCAG has released a draft of Connect SoCal, the 2020-2045 Regional Transportation Plan/
Sustainable Communities Strategy, for public review and comment through January 24, 2020.
The Draft Connect SoCal plan presents a long-range vision that balances future mobility and
housing needs with economic, environmental and public health goals. It will help guide the
region's growth, and includes transportation improvements and land use ideas to shape the
future of Southern California.
During the comment period, SCAG will hold three public hearings, which serve as an opportunity
for any member of the public to learn more and provide comments regarding the draft plan.
SCAG will also host a series of 21 briefings for local elected officials throughout the region. These
meetings are intended to inform elected officials, stakeholders and interested citizens on the
key investments and strategies in the draft plan and solicit feedback.
Southern California Association of Governments
900 Wilshire Blvd., Ste.1700, Los Angeles, CA 900171 (213) 236-1800 I scag.ca.gov
INNOVAIING ROR A tlEf IER 10100880W
?"®" .2-1"' 1FFICIAL BRIE:
q.
IMPERIAL COUNTY
Dec.11, 2019, at 5:00 p.m.
Imperial County Transportation
Commission Meeting
County Board of Supervisors Chamber
County Administrative Building
940 Main St.
El Centro, CA 92243
LOS ANGELES COUNTY
Nov. 21, 2019, at 5:30 p.m.
San Gabriel Valley Council of Governments
Board Meeting
Upper San Gabriel Valley Municipal
Water District Office
602 Huntington Dr., Suite B
Monrovia, CA 91016
Nov. 21, 2019, at 6:00 p.m.
South Bay Cities Council of Governments
Board Meeting
202855 South Western Ave., #100
Torrance, CA 90501
Dec. 4, 2019, at 6:00 p.m.
Gateway Cities Council of Governments
Board Meeting
16401 Paramount Blvd., 2nd Floor
Paramount, CA 90723
Dec.12, 2019, at 12:00 p.m.
Westside Cities Council of Governments
Board Meeting
Culver City Hall
Mike Balkman Council Chambers
9770 Culver Blvd.
Culver City, CA 90232
Jan.16, 2020, at 1:30 p.m.
San Fernando Valley Council of
Governments Board Meeting
Van Nuys City Hall
14410 Sylvan St.
Van Nuys, CA 91401
Jan. 20, 2020, at 1:00 p.m.
North LA County Transportation Coalition
Board Meeting
Antelope Valley Transportation Authority
42210 6th St., West
Lancaster, CA 93534
Jan. 21, 2020, at 8:30 a.m.
Las Virgenes-Malibu Council of
Governments Board Meeting
Agoura Hills City Hall
Library Community Room
30001 Ladyface Ct.
Agoura Hills, CA 91301
ORANGE COUNTY
Nov. 21, 2019, at 10:30 a.m.
Orange County Council of Governments
Board Meeting
Irvine City Hall
Civic Center Plaza
Irvine, CA 92606
Dec. 9, 2019, at 9:00 a.m.
Orange County Transportation Authority
Board Meeting
550 South Main St.
Orange, CA 92868
Dec. 9, 2019, at 11:00 a.m.
Orange County Elected Official Briefing
550 South Main St., Conference Room 9
Orange, CA 92868
Jan. 21, 2020, at 4:00 p.m.
Orange County Elected Official Briefing
Laguna Niguel City Hall
30111 Crown Valley Pkwy.
Laguna Niguel, CA 92677
RIVERSIDE COUNTY
Dec. 2, 2019, at 2:00 p.m.
Western Riverside Council of Governments
Executive Committee Meeting
County of Riverside
Administrative Center Board Room
4080 Lemon St.,1st Floor
Riverside CA 92501
Dec. 2, 2019, at 4:30 p.m.
Coachella Valley Association of
Governments
Executive Committee Meeting
73710 Fred Waring Dr., #200
Palm Desert, CA 92260
Dec.11, 2019, at 9:30 a.m.
Riverside County Transportation
Commission Meeting
County of Riverside Administrative Center
Board Room
4080 Lemon St.,1st Floor
Riverside, CA 92501
SAN BERNARDINO COUNTY
Nov.14, 2019, at 9:30 a.m.
San Bernardino County Transportation
Authority Board of Directors
Metro Valley Study Session Meeting
1170 West 3rd St.
San Bernardino, CA 92410
Nov.15, 2019, at 9:30 a.m.
San Bernardino County Transportation
Authority Desert Mountain Committee
Meeting
Mojave Air Quality Management District
14306 Park Ave.
Victorville, CA 92392
Jan. 8, 2020, at 12:00 p.m.
San Bernardino County
Elected Official Briefing
1170 West 3rd St., Suite 140
San Bernardino, CA 92410
VENTURA COUNTY
Nov.14, 2019, at 5:00 p.m.
Ventura County Council of Governments
Board Meeting
Camarillo City Hall
601 Carmen Dr.
Camarillo, CA 93102
Jan. 9, 2020, at 1:00 p.m.
Ventura County Elected Official Briefing
GCTD Administration Office
1901 Auto Center Dr.
Oxnard, CA 93036
Jan.10, 2020, at 9:00 a.m.
Ventura County Transportation
Commission Meeting
Camarillo City Hall
City Council Chambers
601 Carmen Dr.
Camarillo, CA 93102
All public hearings will be held at SCAG's
main headquarters in Los Angeles, with
videoconferencing at regional offices. For
locations, please visit scag.ca.gov
Dec. 3, 2019, at 7:00 p.m.
Dec.10, 2019, at 10:00 a.m.
Dec.14, 2019, at 10:00 a.m.
Need special accommodation or assistance per the Americans with Disabilities Act (ADA)?
Email-onnect4 "z^cag.ca.gnF at least 72 hours prior to the workshop date.
Speak a language other than English?
Mecesita interpretation durante una reunion? Para solicitar un interprete
envie un correo electronico al: connectsocal@scag.ca.gov por to menos 72
horas antes de la reunion
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333
Los Ange es,
8:00 a.m. REGISTRATION S. NETWORKING
9:30 a.m. WELCOME
10:00 a.m. SCAG REGION ECONOMIC UPDATE
SCAG's team of economists will provide an insightful look at the state of the region's
economy and the key issues that are affecting the region the most, as well as highlight
opportunities for growth and updates on the region's most important industry clusters.
10:30 a.m. HOUSING & MOVING SOUTHERN CALIFORNIA
10:45 a.m. TACKLING SOUTHERN CALIFORNIA'S HOUSING CRISIS
Although the Great Recession is in our rear view mirror, Southern California is still facing
some daunting challenges to sustainable, long-term growth. The lack of affordable
housing throughout our region is a critical challenge to local, regional and statewide
economies. The Governor and Legislature have signaled a strong intent to address
the housing crisis head on, but what can our elected leaders, local governments
and developers do to get more shovels in the ground to produce more housing? This
panel will discuss the importance of meeting our region's housing needs and how an
adequate housing supply will boost our economy.
11:45 a.m. LUNCH
12:15 p.m. SUMMIT KEYNOTE
F. Noel Perry, Founder, Next 10
12:45 p.m. STRENGTHENING THE REGION THROUGH CONNECT SOCAL
The Connect SoCal plan features projects and strategies with major economic
benefits - generating hundreds of thousands of new jobs through construction and
maintenance, reducing congestion and creating efficiency gains across the regional
transportation network - but also identifies challenges on the horizon. With ambitious
greenhouse gas reduction goals to meet, and transportation -related emissions actually
trending upward, the need for bold solutions is stronger than ever. This panel will
investigate the economic benefits of a strong regional transportation system, examine
the role of new technologies and the changing nature of work, and outline ways for
Southern California to maintain its status as the 15th largest economy in the world.
1:45 p.m. WRAP-UP & CLOSING REMARKS
2:00 p.m. ADJOURN
www.scag.ca.gov/EconomicSummit
SCLC
SOUTHERN CALIFORNIA
TR TOMORROW LEADERSHIP COUNCIL
AGENDA ITEM 6
MINUTES
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
MEETING MINUTES
Thursday, October 17, 2019
1. CALL TO ORDER
The Riverside County Transportation Commission was called to order by
Chair Chuck Washington at 9:36 a.m. in the Board Room at the County of Riverside
Administrative Center, 4080 Lemon Street, First Floor, Riverside, California, 92501.
2. ROLL CALL
Commissioners/Alternates Present
Rusty Bailey
Mike Beauchamp
Brian Berkson
Randall Bonner
Joseph DeConinck
Dean Deines
Kathleen Fitzpatrick**
Raymond Gregory**
Jan Harnik**
Jeff Hewitt
Kevin Jeffries
Andrew Kotyuk
Bob Magee
Scott Matas**
**Commissioners that teleconferenced into the meeting.
3. PLEDGE OF ALLEGIANCE
Michael Naggar
V. Manuel Perez
Dana Reed**
Wes Speake
Karen Spiegel
Larry Smith
Michael M. Vargas
Scott Vinton
Chuck Washington
Ted Weill**
Commissioners Absent
Victoria Baca
Ben J. Benoit
Waymond Fermon
Berwin Hanna
Steven Hernandez
Linda Krupa
Clint Lorimore
Lisa Middleton
Lloyd White
Art Welch
Commissioner Bob Magee led the Commission in a flag salute.
At this time, Chair Washington asked if there were any requests to speak, as the
Commission will come back to Agenda Item 4 to present the service award.
4. PUBLIC COMMENTS
There were no requests to speak.
5. ADDITIONS / REVISIONS
Riverside County Transportation Commission Meeting Minutes
October 17, 2019
Page 2
There were no additions or revisions to the agenda.
6. APPROVAL OF MINUTES — SEPTEMBER 11, 2019
M/S/C (Naggar/Smith) to approve the September 11, 2019 minutes as
submitted.
Abstain: Deines
7. CONSENT CALENDAR
Commissioner Jeff Hewitt requested to pull Agenda Item 7D, "Economic Impact Study",
for further discussion.
M/S/C (Kotyuk/Perez) to approve the following Consent Calendar items.
Abstain: Speake on Agenda Item 7H
No: Jeffries on Agenda Item 7G
7A. QUARTERLY SALES TAX ANALYSIS
Receive and file the sales tax analysis for Quarter 1, 2019.
7B. QUARTERLY FINANCIAL STATEMENTS
Receive and file the Quarterly Financial Statements for the year ended
June 30, 2019.
7C. QUARTERLY INVESTMENT REPORT
Receive and file the Quarterly Investment Report for the quarter ended
June 30, 2019.
7E. CITY OF WILDOMAR FUNDING REQUEST FOR CONSTRUCTION OF BUNDY
CANYON ROAD WIDENING PROJECT
1) Approve programming $3,516,000 of Measure A Regional Arterial (MARA)
funds for the city of Wildomar's Bundy Canyon Road Widening — Segment
1 project;
2) Approve Agreement No. 20-72-011-00 between the Commission and the
city of Wildomar for the programming of $3,516,000 of MARA for the
construction phase of the Bundy Canyon Road Widening — Segment 1
project; and
Riverside County Transportation Commission Meeting Minutes
October 17, 2019
Page 3
3) Authorize the Chair or Executive Director, pursuant to legal counsel review,
to execute the agreement.
7F. NEXT GENERATION RAIL CORRIDORS ANALYSIS REPORT
Accept the Next Generation Rail Corridors Analysis Report.
7G. COUNTYWIDE TRANSPORTATION IMPROVEMENT & TRAFFIC RELIEF PLAN:
VISION, GOALS, AND OBJECTIVES
1) Receive background information on the Traffic Relief Strategy Committee;
and
2) Discuss the vision, goals, and objectives of the Countywide Transportation
Improvement & Traffic Relief Plan.
7H. APPROVAL OF UTILITY AGREEMENT AMENDMENT WITH SOUTHERN
CALIFORNIA GAS FOR STATE ROUTE 71/STATE ROUTE 91 INTERCHANGE PROJECT
1) Approve Agreement No. 18-31-103-01, Amendment No. 1 to Agreement
No. 18-31-103-00, with Southern California Gas (SCG) for construction of
utility relocations for the State Route 71/SR-91 Interchange (71/91 IC)
project in the amount of $338,255, plus a contingency amount of $33,825,
for an additional amount of $372,080, and a total amount not to exceed
$3,552,115;
2) Authorize the Executive Director, pursuant to legal counsel review, to
execute the agreement on behalf of the Commission; and
3) Authorize the Executive Director or designee to approve the use of the
contingency amount as may be required for this utility relocation
agreement.
8. 2020 STATE TRANSPORTATION IMPROVEMENT PROGRAM ADOPTED FUND ESTIMATE
AND PROJECT RECOMMENDATIONS
Shirley Medina, Planning and Programming Director, presented the 2020 State
Transportation Improvement Program (STIP) adopted Fund Estimate and project
recommendations, highlighting the following:
• 2020 STIP:
o Adoption — March 25, 2020 CTC meeting
o Statewide new programming capacity - $407 million
o Riverside County new programming capacity - $21.274 million
• Lower STIP Fund Estimate due to:
o Overestimated 2018 STIP Revenues, over programming
Riverside County Transportation Commission Meeting Minutes
October 17, 2019
Page 4
o 2018 STIP projects were advanced to match SB 1 allocations
o Fuel efficiencies
• Benefits of SB 1:
o Increased the incremental excise tax to 17.8 cents per gallon in FY 2019/20
with annual adjustments for inflation beginning in FY 2020/21
o Added $100 million per year to STIP
o Stabilize revenues in future STIP cycles
• Past STIP cycles from 2008 — 2020
• 2020 STIP Fund Estimate for Riverside County
• 2020 STIP Programming — Western County project recommendation:
o 71/91 Interchange, $66,376,513
o Palo Verde Valley STIP trade approved at July Commission meeting,
$89,649 included in above total for Western County
o Western Riverside County share $16,286,864
o $50 million from AB 3090 replacement (previously on 1-15 Express Lanes
South)
o 71/91 Interchange is high priority in the 2019-2029 Delivery Plan
o 71/91 Interchange has approved: PSR, B/C analysis, environmental
document
o Design and right of way near complete
o Construction funding complete with other fund sources and/or
competitive programs
• 71/91 Interchange Improvement project map/rendering
• 2020 STIP programming: Coachella Valley recommendation - $4,472,007
o I-10/Avenue 50 Interchange, $2 million
o CVAG signal Synchronization Phase 2, $2.472 million
2 percent PPM - $425,480
o Proposed programming in FY 2022/23
2018 STIP carryover Project
o 1-15 French Valley Parkway Interchange, $47.6 million programmed in FY
2020/21
M/S/C (Naggar/Vargas) to:
1) Approve programming $16,376,513 of 2020 State Transportation
Improvement Program (STIP) Western Riverside County and Palo Verde
Valley funding capacity and $50 million made available from the STIP AB
3090 replacement placeholder for a total of $66,376,513 to the State
Route 71/State Route 91 (71/91) Direct Connector project, and forward
to the California Transportation Commission (CTC);
2) Include programming $4,472,007 of 2020 STIP Coachella Valley funding
capacity based on the project recommendation by the Coachella Valley
Association of Governments (CVAG) and forward to the CTC;
Riverside County Transportation Commission Meeting Minutes
October 17, 2019
Page 5
3) Include programming Planning, Programming, and Monitoring (PPM)
funds (2 percent of STIP programming capacity) in the amount of
$425,480 in Fiscal Year 2022/23;
4) Submit the 2020 STIP submittal to CTC by the statutory deadline of
December 15, 2019;
5) Forward the Riverside County 2020 STIP project recommendations to the
Southern California Association of Governments (SCAG) to conduct
regional performance measures analysis as required by the CTC STIP
guidelines;
6) Approve Agreement No. 07-71-028-03, Amendment No. 3 to Agreement
No. 07-71-028-00, with the city of Blythe (Blythe) to trade $89,649 of Palo
Verde Valley STIP funds with Measure A Western Riverside County
Highway funds to facilitate delivery of local arterial projects;
7) Authorize the Executive Director, pursuant to legal counsel review, to
execute Agreement No. 07-71-028-03 on behalf of the Commission upon
CTC adoption of the 2020 STIP in March 2020; and
8) Authorize the Executive Director to seek and pursue competitive funding
opportunities for the 71/91 Interchange project.
At this time, Chair Washington stated since Agenda Items 9 and 10 are receive and file, he
requested the Commission go to Agenda Items Pulled from Consent Calendar for Discussion.
9. STATE AND FEDERAL LEGISLATIVE UPDATE
Jillian Guizado, Planning and Programming Manager, presented an update for the state
and federal legislative activities, and bills that have been passed by the Legislature.
Receive and file an update on state and federal legislation.
10. STATE ROUTE 60 TRUCK LANES PROJECT UPDATE
Cheryl Donahue, Public Affairs Manager, announced this morning on State Route 60
between 9:00 a.m. and 2:30 p.m. heading east there would be one lane closed as Caltrans
is doing a weed abatement program. She then presented an update for the SR-60 Truck
Lanes project, highlighting the following:
• Improving Safety, relieving traffic:
o Construction began in June
o Current focus: excavation, drainage, wildlife crossings, dust control, and
safety
o $113 million investment
• Roadway excavation:
o Moving 2.1 million yards- about 15,000 per day
Riverside County Transportation Commission Meeting Minutes
October 17, 2019
Page 6
o Saving 14,000 truck trips
o Weekend closure, October 12-13
o For safety of passing motorists and crews — removal of giant rocks
o Delays no more than 30 minutes
• Drone footage was played of the work that was completed October 12-13
• Cleared hillside photo after those rocks were removed
• News coverage related to the October 12-13 closure
• Other outreach efforts
• Drainage systems:
o Extending 123 drainage systems
o Purpose is to collect, remove water from the roadway
o Using 15,000 feet of pipe project -wide
• Wildlife Crossings:
o Building two 20' x 20' wildlife crossings beneath SR-60
o Will allow daylight to enter so that animals will use the crossings
• Dust control — Constructed two temporary water reservoirs
• Corridor safety — 55 mph speed limit; 24/7 CHP enforcement in project limits;
speed feedback signs; citations doubled in construction area; and CHP, CalFire
attending weekly meetings; regular communication
• Corridor collisions — Monitoring corridor safety data with CHP; one tragic collision
caused two fatalities on September 5, due to reckless driving by another motorist;
most collisions are causing no injuries or minor injuries; and CHP: slower speeds
in corridor are helping reduce severity
• Stay connected
In regards to Commissioner Rusty Bailey's inquiry about having cameras on the wildlife
corridors, Cheryl Donahue replied she is unsure if there will be cameras or not but she
will ask.
Commissioner Bailey explained it would be a great public relations move to show the
investment on why the Commission is doing this, which is the Commission appreciates
the habitat and species. This could be a fun way to connect with the public on some of
the good things the Commission is doing.
Commissioner Wes Speake clarified his company did the work for Caltrans on that project
and the possibility as there is quite a bit of wildlife and if there was an opportunity to put
up a camera there would be some really cool wildlife to see such as bob cats. He explained
they did some corridor studies for Caltrans on Highway 138 that really showed a variety
of wildlife.
In response to Commissioner Michael Vargas' request that the Commission do a simplified
one -page notice with the closures on the weekends to post it on social media as opposed
Riverside County Transportation Commission Meeting Minutes
October 17, 2019
Page 7
to a link, Cheryl Donahue replied absolutely as staff has that as a one -page pdf and will
get that sent to Commissioner Vargas.
Chair Washington requested to put Commissioner Vargas on the notification list.
Commissioner V. Manual Perez expressed concern about the collisions in the construction
area, the fatality and how the Commission cannot control everything. He asked if the
Commission is doing everything it can to ensure it does not happen again, what was
learned from that, requested more information and what are the next steps.
Cheryl Donahue discussed the details of what occurred with the fatalities on September
5 due to a reckless driver that attempted to pass illegally on the westbound shoulder. She
explained there were discussions with the CHP about the incident and they are noting it
as reckless driving and are charging the motorist with that. In terms of what was learned,
staff has driven through there and the conditions that are in place are as safe as they can
be. She expressed unfortunately this motorist chose to break the law.
At this time, Chair Washington noted the Commission has not finished the vote for
Agenda Item 7D, "Economic Impact Study" and since there is not a quorum Chair
Washington asked legal counsel if the vote can be cancelled.
Steve DeBaun concurred and stated cancel the vote and this item can be brought back to
the November Commission meeting.
Receive an oral report for the State Route 60 Truck Lanes Project.
11. ITEM(S) PULLED FROM CONSENT CALENDAR FOR DISCUSSION
This item was taken out of order per the Chair in an effort to hear items that required a
vote first. Commissioner Hewitt commented on why he is voting no on this agenda item,
since the first two phases the Commission will be going into are redundant. He stated
when the Commission gets into phases 3 and 4 more money is being spent on trying to
pass another half -cent sales tax. He expressed this sales tax has a zero chance at passing
and he has been against it from the beginning and wants these to stay as local
transportation funds.
At this time, Commissioner Andrew Kotyuk left the meeting.
7D. ECONOMIC IMPACT STUDY
M/S/C (Reed/Naggar) to:
Riverside County Transportation Commission Meeting Minutes
October 17, 2019
Page 8
1) Approve Agreement No. 20-19-012-00 to University of California,
Riverside (UCR) School of Business, Center for Economic Forecasting &
Development (UCR Center) to perform an economic impacts analysis
related to the investment of an additional sales tax for transportation
improvements in Riverside County in an amount not to exceed $199,500;
and
2) Authorize the Chair or Executive Director, pursuant to legal counsel
review, to execute the agreement on behalf of the Commission.
Due to a lack of a quorum, Chair Washington requested the Commission go back to
Agenda Item 9, "State and Federal Legislative Update".
At this time, Chair Washington suggested due to having additional quorum challenges to
take a vote on Agenda Item 7D and hold the vote open until Commissioner Kotyuk rejoins
the meeting.
At this time, Clerk of the Board Lisa Mobley, began the verbal vote on Agenda Item 7D.
Commissioner Spiegel expressed concern with the way the voting was occurring and
stated she would not be voting.
In response to Chair Washington's request to elaborate on what Commissioner Spiegel's
concern is with the vote, Commissioner Spiegel stated a government agency playing the
game of in and out with not all members in the room; she has an issue with that.
Chair Washington requested clarification from legal counsel that this is a legitimate way
to conduct a vote.
Steve DeBaun, Legal Counsel, stated he does not see any reason why it cannot be because
once the vote is started people do leave the room that he has seen with other agencies.
However, he does not see a restriction on actually starting the vote and finishing when
that Commissioner returns.
Commissioner Spiegel stated the vote was not started with a quorum.
Steve DeBaun replied the vote would be finished and booked with a quorum.
At this time, Chair Washington stated the vote is still open due to a lack of a quorum.
The Commission resumed and finished discussion on Agenda Item 9, "State and Federal
Legislative Update" and Agenda Item 10, "State Route 60 Truck Lanes Project Update."
At this time, Commissioner Naggar left the meeting.
Riverside County Transportation Commission Meeting Minutes
October 17, 2019
Page 9
Due to a lack of a quorum, the vote was cancelled on Agenda Item 7D, and the
"Economic Impact Study" will be brought back to the November Commission.
12. COMMISSIONERS/EXECUTIVE DIRECTOR'S REPORT
12A. Commissioner Spiegel announced in District 1 they are working on the expansion
of Temescal Canyon Road, as there is a roadway next to 1-15, which is not on SR-
91 and is why there is such a chokehold at Green River. She expressed there is no
other alternative to get into Orange County and discussed how Temescal Canyon
has been running but is backed up if not worse than SR-91 some days. She stated
the compliment is to keep extending Temescal Canyon expansion up to 1-15 at
Ontario. At the November meeting, WRCOG staff is recommending approval of a
$3 million allocation from TUMF for Phase II of this project, which is the northern
portion. The County has $1 million for this project for a total of $4 million and the
design and environmental is estimated at $3.5 million. She stated the challenging
part is the property acquisition that will be needed.
12B. Commissioner Smith announced that about seven days ago the city of Calimesa
suffered a tragic loss due to a fire. He expressed gratitude to the Commissioners
and his colleagues that reached out personally to express concern about what was
going on in the city of Calimesa. He requested the continuation of everyone's
thoughts and prayers for those folks in Calimesa who lost their homes and the loss
of life. He expressed the city's staff of 12 is doing yeoman's work currently and
managing a community that has been disrupted. He expressed his believef
Calimesa will come out on the backside as a much stronger community.
12C. Commissioner Hewitt announced in regards to the fire in Calimesa, it was probably
the largest loss of structures in the County's history with 74 confirmed. He pointed
out that when things happen so quickly transportation is important for ways out.
1-10 was backed up and watching this unfold and as it is seen just the connection
from Singleton Road to Bryant Street would have opened up to relieve a lot of that
pressure, which will happen either later this year or by next year. He expressed
gratitude to the first responders especially the Calimesa Fire Department and Cal
Fire that came in and gave them all they needed to stop the fire at 1,000 acres.
12D. Commissioner Bailey announced that every eight years they go through a Regional
Housing Needs Assessment per state law. SCAG is tasked with coming up with a
methodology that allocates a number to each city and into the unincorporated
area of the County. He is a member of the SCAG Subcommittee representing
Riverside County that has been meeting on this subject to try to come up with a
better methodology and discussed their meeting from last week. He expressed
concern with the SCAG Subcommittee proposal in terms of the methodology to
be used to allocate the 1.34 million housing units. The Community, Economic and
Riverside County Transportation Commission Meeting Minutes
October 17, 2019
Page 10
Human Development Committee is meeting October 21, which is the next vote on
the methodology before it goes to the Regional Council and expressed concern
the numbers are troubling for the Inland counties compared to the coastal
counties. He stated they are just playing into urban sprawl and can do better and
that was his message as he voted against it and tried to come up with another
option at the SCAG Subcommittee meeting, which was a 3-3 tie and the Chair
broke that tie. He stated the region needs to engage on this as it does not address
the jobs/housing balance and we need to do better.
Anne Mayer replied she has heard about the numbers and the conversations and
she wanted to tie it back into Jillian Guizado's presentation. There is going to be
an effort to link transportation investments to housing density and it is interesting
in that the housing units are all coming out into Riverside and San Bernardino
Counties. She stated yet the money is all going to all the coastal cities and the
density in Los Angeles and San Francisco. Anne Mayer explained she is interested
in hearing the Commissioners direction on how they would like the Commission
to engage because the link between the housing numbers and the transportation
investment has never been more clear.
At this time, Commissioner Jeffries left the meeting.
Chair Washington stated the Commission is going to go back to Agenda Item 4, to present
an employee service award.
Anne Mayer, Executive Director, presented a 15-year service award to Commuter and
Motorist Assistance Manager, Brian Cunanan.
Due to a lack of a quorum the Agenda Item 13, "Closed Session", was postponed until the
November Commission.
13. CLOSED SESSION
13A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Agency Negotiator: Executive Director or Designee
Item
APN(s)
Property Owner
Buyer(s)
1
102-092-030, 102-092-031,
102-101-002, 102-101-033,
102-101-035, 102-101-037
RCTC
MG Hospitality
14. ADJOURNMENT
Riverside County Transportation Commission Meeting Minutes
October 17, 2019
Page 11
There being no further business for consideration by the Riverside County Transportation
Commission, Chair Washington adjourned the meeting at 10:33 a.m. The next
Commission meeting is scheduled to be held at 9:30 a.m., Wednesday,
November 13, 2019, Board Chambers, First Floor, County Administrative Center, 4080
Lemon Street, Riverside.
Respectfully submitted,
Lisa Mobley
Clerk of the Board
AGENDA ITEM 7A
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE:
November 13, 2019
TO:
Riverside County Transportation Commission
FROM:
Jose Mendoza, Senior Procurement Analyst
Matt Wallace, Procurement Manager
THROUGH:
Anne Mayer, Executive Director
SUBJECT:
Single Signature Authority Report
STAFF RECOMMENDATION:
This item is for the Commission to receive and file the Single Signature Authority report for the
first quarter ended September 30, 2019.
BACKGROUND INFORMATION:
Certain contracts are executed under single signature authority as permitted in the
Commission's Procurement Policy Manual adopted in September 2019. The Executive Director
is authorized to sign services contracts that are less than $250,000 individually and in an
aggregate amount not to exceed $1.5 million in any given fiscal year. Additionally, in
accordance with Public Utilities Code Section 130323(c), the Executive Director is authorized to
sign contracts for supplies, equipment, materials, and construction of all facilities and works
under $50,000 individually.
The attached report details all contracts that have been executed for the first quarter ended
September 30, 2019, under the single signature authority granted to the Executive Director.
The unused capacity of single signature authority for services at September 30, 2019 is
$1.5 million.
Attachment: Single Signature Authority Report as of September 30, 2019
Agenda item 7A
1
SINGLE SIGNATURE AUTHORITY
AS OF September 30, 2019
CONSULTANT DESCRIPTION OF SERVICES ORIGINAL CONTRACT PAID AMOUNT REMAINING
AMOUNT CONTRACT AMOUNT
AMOUNT AVAILABLE July 1, 2019 $1,500,000.00
"No contracts to report for first quarter.
AMOUNT USED
AMOUNT USED
AMOUNT REMAINING through September 30, 2019
0.00
0.00
$1, 500, 000.00
None
Agreements that fall under Public Utilities Code 130323 (C)
N/A $- $- $-
Jose Mendoza
Prepared by
Theresia Trevino
Reviewed by
Note: Shaded area represents new contracts listed in the first quarter.
2
AGENDA ITEM 7B
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE:
November 13, 2019
TO:
Riverside County Transportation Commission
FROM:
Traffic Relief Strategy "Committee of the Whole"
SUBJECT:
Revenue Estimate for Countywide Transportation Improvement and Traffic
Relief Plan
TRAFFIC RELIEF STRATEGY "COMMITTEE OF THE WHOLE" RECOMMENDATION:
This item is for the Commission to approve a revenue estimate to guide development of the
countywide Traffic Relief Plan (Plan).
BACKGROUND INFORMATION:
An initial step in the development of the Plan is the estimation of projected revenues to fund the
Plan. Determining a revenue estimate is critical for several reasons:
• It creates a reasonable constraint to the scope and size of the Plan;
• It ensures the Plan is achievable, which assists voters to have a reasonable expectation
the Plan will be achieved;
• It provides transparent information to the public regarding the estimated revenue that
may be generated from a sales tax and what it could accomplish; and
• State law requires the Commission to declare an approximate amount of annual revenue
generated by a ballot measure.
The Traffic Relief Strategy "Committee of the Whole" voted unanimously in a public meeting to
approve a revenue estimate to guide the development of the Plan.
DISCUSSION:
The University of California, Riverside School of Business, Center for Economic Forecasting &
Development (UCR Center), through a partnership with Beacon Economics (Beacon), is a leading
economic research and consulting center for the Inland Empire. The UCR Center team has
extensive economic analysis and forecasting experience. The UCR Center presents an annual
economic conference that includes its Inland Empire analysis and forecasts in addition to national
and state forecasts. As a result of the UCR Center's experience and understanding of the Inland
Empire, it is a vital community partner and resource to businesses and local governments.
The UCR Center and Beacon have provided long-term sales tax forecasting services to the
Commission since 2013. The Commission also obtained economic impact studies from Beacon
related to the State Route 91 Corridor Improvement Project and the Interstate 15 Express Lanes
Project for inclusion in federal loan and grant submittals. At its October meeting, the Commission
Agenda Item 7B
3
approved an agreement with the UCR Center to perform an economic impacts analysis related
to the investment of an additional sales tax for transportation improvements in Riverside County.
Considering the UCR Center's familiarity with the Commission, Riverside County and the Inland
Empire, and Measure A, Commission staff engaged the UCR Center to estimate the revenue from
an increase in the sales tax rate in Riverside County using the California Department of Finance
(DOF) demographic forecasts and an alternative demographic forecast.
• According to the UCR Center, the DOF demographic model relies on net migration
calculated based on total population and distributed equally based on age groups. This
method does not account for shifts in net migration between generations and, therefore,
does not accurately depict changes in demographics. The net migration allocation results
in sharply different patterns of age in the region than what current data shows is
occurring. The differences in age impact estimates of future growth as well as taxable
sales. Further, the DOF estimates do not consider home production, and the link between
home production and sales tax growth is important to long-term revenue projections.
• Beacon developed a modified demographic forecast using a net migration model derived
from historic trends based on each age group, resulting in a more comprehensive
understanding of changes in population and more accurate total population estimate.
Beacon's model also uses economic variables such as home prices and unemployment as
drivers for population.
The sales tax estimate using the DOF demographic forecast is 6.1 percent higher than the sales
tax estimate using Beacon's alternative demographic forecast. The Fiscal Year 2019 sales tax
estimates under the Beacon and DOF scenarios were comparable to each other and reasonable
when benchmarked to the actual FY 2019 results. Staff also compared the two sales tax estimates
and found that the DOF scenario estimate resulted in higher year -over -year growth rates than
the Beacon scenario estimate.
While any revenue projection is not a guarantee of actual revenues, the Beacon scenario revenue
estimate is reasonable and more conservative than the DOF scenario revenue estimate. Using
this revenue estimate demonstrates the Commission's continued prudent conservatism for
revenue projections.
The revenue estimate is presented in Attachment 1, which includes subregional revenue
estimates based on a return to source allocations. This reinforces the importance of each
subregion retaining the funding generated in each subregion:
• Western County
• Coachella Valley
• Palo Verde Valley
The Committee recommends the approval of the revenue estimate presented in Attachment 1
to guide the development of the Plan.
Attachment: Riverside County Revenue Projection for New Expenditure Plan
Agenda Item 7B
4
DRAFT
Riverside County Revenue Projection for New Expenditure Plan
Amounts in 2020 Real $
FY
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
2037
2038
2039
2040
2041
2042
2043
2044
2045
2046
2047
2048
2049
2050
2051
Projected Revenue
$ 214,710,494
220,185,206
225, 714, 821
231,099,968
236,182, 642
241,243,220
246,413,445
251,591,898
256, 875,126
262,136, 830
267,374,913
272,510,602
277,529,703
282,385,445
287,096,591
291,749,672
296,325,395
300, 867, 668
305,375,633
309,758,408
313,788,806
317,721,053
321,579,070
325, 327,122
328,967,557
332,567,099
336,175,362
339,812,355
343,479,115
347,135,693
$ 8,583,680,911
Allocation by Geographic Area
WC
CV
PV Total
$ 167,724,996
172,001,667
176,321,226
180,527,931
184,498,354
188,451,516
192,490,331
196,535,573
200,662,663
204,772,939
208,864,762
212,876,599
216,797,361
220,590,512
224,270,709
227, 905, 547
231,479, 956
235,028,235
238,549,714
241,973,398
245,121,816
248,193,562
251,207,322
254,135,181
256,978,973
259,790,820
262,609,481
265,450,584
268,314,940
271,171,342
$ 6,705,298,010
$ 46,052,146 $
47,226,389
48,412,407
49,567,440
50,657,596
51, 743, 013
52,851,948
53,962,648
55,095,820
56,224,376
57,347,865
58,449,393
59,525,914
60,567,397
61,577,866
62,575,881
63,557,305
64,531,553
65,498,444
66,438,482
67, 302, 941
68,146, 349
68,973,835
69,777,735
70,558,554
71,330,601
72,104,518
72,884,598
73,671,063
74,455,343
$ 1,841,069,418 $
933,352
957,151
981,188
1,004,598
1,026,692
1,048,690
1,071,166
1,093,676
1,116,643
1,139,516
1,162,286
1,184,611
1,206,429
1,227,537
1,248,016
1,268,243
1,288,134
1,307,879
1,327,476
1,346,528
1,364,048
1,381,142
1,397,912
1,414,205
1,430,030
1,445,678
1,461,363
1,477,173
1,493,113
1,509,008
37,313,482
$ 214,710,494
220,185,206
225, 714, 821
231,099,968
236,182, 642
241,243,220
246,413,445
251,591,898
256, 875,126
262,136, 830
267,374,913
272,510,602
277,529,703
282,385,445
287,096,591
291,749,672
296,325,395
300,867,668
305,375,633
309,758,408
313, 788, 806
317,721,053
321,579,070
325, 327,122
328,967,557
332,567,099
336,175,362
339,812,355
343,479,115
347,135,693
$ 8,583,680,911
Subregional Return to Source2
78.1
21.4%
0.4% 100.0%
Source:
1
2
Revenue projections per UCR Center for Economic Forecasting and Development updated September 4, 2019)
Scenario is a new 1/2-cent sales tax beginning 7/1/2021 through 6/30/2051
Assuming revenues are allocated to Western County, Coachella Valley, and Palo Verde Valley areas
proportionate to the funds generated within those areas, these percentages represent the taxable
sales for each geographic area generated in FY 2018, the most recent data available. Such
allocations are subject to change annually.
Prepared by TT 10/15/2019
5
Page 1
AGENDA ITEM 7C
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE:
November 13, 2019
TO:
Riverside County Transportation Commission
FROM
Cheryl Donahue, Public Affairs Manager
THROUGH:
Anne Mayer, Executive Director
SUBJECT:
Quarterly Public Engagement Metrics Report, July — September 2019
STAFF RECOMMENDATION:
This item is for the Commission to receive and file the Quarterly Public Engagement Metrics
Report for July — September 2019.
BACKGROUND INFORMATION:
Staff continues to measure public engagement activities and prepare Quarterly Public
Engagement Metrics Reports for the Commission, a practice that began in early 2018. This report
covers the third quarter of 2019, from July to September. The quarterly reports are a data -driven
approach to monitor the Commission's progress toward public engagement goals, to assess the
effectiveness of its efforts, and to provide transparency into how the Commission is using its
resources to engage with the public.
This quarterly report includes three sets of data:
1) Metrics for RCTC's overall public engagement activities, including website use and access;
website top pages visited; email notifications; social media likes, engagement and reach;
and public sentiment
2) Metrics for RCTC's Interstate 15 Express Lanes Project public engagement activities,
including email activity, website sessions, and social media.
3) Metrics for the State Route 60 Truck Lanes Project. Note that these numbers remain
small, due to only five months of data.
The quarterly report will evolve as staff refines its approaches to measuring public engagement
activities and in response to any feedback from Commissioners. Staff will continue to add new
project -related metrics as other projects begin.
Report highlights for this quarter follow and are included in a graphical format. It is important to
note that most of the social media metrics show a decline this quarter, due to a planned decrease
in digital advertising expenditures.
Agenda Item 7C
6
RCTC Overall Public Engagement
1) Website
a. For the quarter, there were 34,234 website sessions, a 23 percent increase from
last quarter's 27,950 sessions. There also were 21,761 unique users, a significant
increase of 35 percent compared to the previous quarter's 16,107 unique users.
b. Many of the visitors (42 percent) accessed the website through organic searches,
such as Google. Another 29 percent used a direct search (keying in rctc.org).
Others used social media (15 percent), and website referrals (13 percent).
c. Website access via desktop versus mobile continues to see -saw. The third quarter
showed 49 percent accessing the website through a desktop computer and
51 percent using mobile devices. During the second quarter of 2019, the ratio was
57 percent via a desktop computer and 43 percent via mobile devices.
d. The homepage continues to be the most frequently visited page, followed by the
SR-60 Truck Lanes page. The Employment page ranked third, and the French
Valley Parkway Federal Grant page, which was a blog post, ranked fourth.
2) Social Media
a. Facebook: At the end of the quarter, the Facebook page had 8,476 likes, a
.3 percent increase over last quarter's 8,447 likes. The page had 8,289 forms of
engagement, such as likes, comments and shares, a 70 percent reduction from last
quarter's 27,584 forms of engagement. Facebook also had 823,030 impressions,
which is the number of times that RCTC's content was displayed in news feeds.
This was a large decrease — 74 percent — from last quarter's 3.1 million
impressions. These decreases likely were due to less spending on digital
advertising, compared to the previous quarter.
b. Twitter: RCTC's Twitter page showed a 1 percent increase in followers, from
1,154 to 1,169. Engagement increased 47 percent, from 218 to 320. Impressions
declined 13 percent from 60,296 to 52,672.
c. Instagram: The Instagram page followers grew 9 percent, from 448 to
487 followers. Engagement grew 8 percent, from 309 forms of engagement to
334. Impressions increased 5 percent to 11,928, compared to last quarter's
11,311
d. Overall, public sentiment was positive, with strong engagement related to SR-60
lane closures, 1-15 Express Lanes construction videos, rail safety, and community
events.
3) RCTC's The Point: RCTC continues to produce content for its online blog, The Point, and
distributes this information and other news via email to subscribers. RCTC's subscribers
grew 9 percent, from 3,260 to 3,555. Thirty-five percent of subscribers opened The Point,
and 9 percent clicked on links to learn more.
Agenda Item 7C
7
Interstate 15 Express Lanes Construction Public Engagement
1) Emails: Total email list sign-ups since the project began grew to 2,622. This is a 2 percent
increase over the 2,577 inquiries received through the end of last quarter. There also
have been a total of 144 email inquiries, a 5 percent increase over the 137 inquiries
through the end of last quarter.
2) Website: Total website visits since project inception grew to 56,019, a 12 percent climb
from the 49,590 visits through the end of last quarter.
3) Social Media: The project's Facebook, Twitter and Instagram accounts all showed small
gains. The Facebook page grew to 2,269 likes from 2,219 likes last quarter, a 2 percent
increase. Twitter increased from 235 followers to 242, a 3 percent increase. Instagram
followers increased 9 percent from 407 to 443.
State Route 60 Truck Lanes Construction Public Engagement
1) Emails: Total email list sign-ups since the project began grew to 263. This is a 331 percent
increase* over the 61 inquiries received through the end of last quarter. There also have
been a total of 77 email inquiries, a 15 percent increase over the 67 inquiries through the
end of last quarter.
2) Website: Total website visits since project inception grew to 6,715, a 375 percent climb*
from the 1,414 visits through the end of last quarter.
3) Social Media: The project's Facebook, Twitter and Instagram accounts all showed
increases. The Facebook page grew to 314 likes from 115 likes last quarter, a 173 percent
increase*. Twitter increased from 13 followers to 31, a 138 percent increase*. Instagram
followers increased 180 percent* from 36 to 101.
*Please note that the SR-60 Truck Lanes Project is still new to the public. Small numbers result
in large percentage increases for these metrics.
Attachments:
1) RCTC Overall Public Engagement Metrics
2) 1-15 Express Lanes Construction Public Engagement Metrics
3) SR-60 Truck Lanes Construction Public Engagement Metrics
Agenda Item 7C
8
Public Engagement Metrics: Q3
Overall Social Media Sentiment
- 0.5
-1
7/1 7/8 7/15 7/22 7/29 8/5 8/12 8/19 8/26 9/2 9/9 9/16 9/23 9/30
8/23 (+) State Route 60 Lane Closures causes engagement spike
9/5-6 (+) I-15 Express Lanes Videos generate dialogue
9/26-27 (+) Posts about rail safety, I-15, and community events
increase positive sentiment
Social Media
Eblasts
Subscribers
3,555
Average
Open
35%
Average
Click
9%
13
Instagram
Followers
487
Engagement
334
Impressions
11,928
+9%
+8 %
irak
34,234
Number of
Sessions
ATTACHMENT 1
July - Sept 2019
+22.5%
Top Channels
21,761
Number of
Unique Users
+35%
Direct (29.1 %) — 6,413
• Organic (42%) — 9,261
Social (15.4%) — 3,402
Referral (13.5%) — 2,987
Differences
Paid advertising decreased in Q3.
Top Pages Visited
Homepage is #1 most visited page
2 Route 60 Truck Lanes
3 Employment
4 French Valley Parkway Federal Grant
Desktop vs Mobile Users
49%
•
•
•
Desktop
Mobile
51%
9
•
EXAAESS LANES
Frnail I ict Sinn_Ups
15 Express Lanes Project
Outreach Metrics
Number of Sign -Ups
3000 7-
2500 —
2000 —
1500 —
1000 —
500 —
0 k_
45
114
1,401
1,240
703
1
1,706
I
1,915
2,301 2,426
2,522 2,577 2,622
a
Website Visits
60000 —
R 50000
0
O
m 40000
N
d 30000
20000
0 10000
f-
0
845
56,019
49,590-
42,208
36,841 _
28,184
20,440
14,980
8,81311,056
i
ATTACHMENT 2
Oct 2016 - Sep 2019
Emails Received
Total Emails Received to Date
150 r-
120 —
90 —
60 —
30 —
7
0 —
20
48
4
32 0
62
77
I
104
118
132
137
1
144
Social Media Likes/Follows
1
2500 —
c 2000
{L
m 1500
Y
J
0 1000
N
3 500
Z
0-
932 979
127 195
21 — -
1,297
1,477
1,665
2,030
1,933
2,219 2,269
10
• Facebook Page Likes Twitter Followers (Account Opened 02/05/18)
• Instagram Followers (Account Opened 02/05/18)
State Route 60 State Route 60 Truck Lanes Project
TRUCK LANES Monthly "At -a -Glance" Metrics Report
Finail R, Taw+ Cinn_I Inc
Number of Sign -Ups
300
250
200
150
100
50
0
61
263
Website Sessions
Total Website visits to Date
8000
7000
6000
5000
4000
3000
2000
1000
0
— 1,414
— - ■
6,715
Emails to Proiect Team
ATTACHMENT 3
May - September 30, 2019
Number of Emails
80 —
70 — 67
60 —
50 —
40 —
30 —
20 —
10 —
0-
77
Social Media Likes/Follows
1
Number of Likes/Follows
350 —
300
250
200
150
100
50
0
115
314
N oN
ti
�Jo yeQ
0\ VJ\ / .0
i
• Facebook Page Likes
Twitter Followers
Instagram Followers
11
AGENDA ITEM 7D
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE:
November 13, 2019
TO:
Riverside County Transportation Commission
FROM:
Western Riverside County Programs and Projects Committee
Jennifer Crosson, Toll Operations Manager
THROUGH:
Anne Mayer, Executive Director
SUBJECT:
Agreement for Express Lanes Consulting Services
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF
RECOMMENDATION:
This item is for the Commission to:
1) Award Agreement No. 20-31-001-00 to HNTB Corporation for express lanes consulting
services for a five-year term, plus two one-year options to extend the agreement, in an
amount of $10 million, plus a contingency amount of $500,000, for a total amount not to
exceed of $10.5 million;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute
the agreement, including option years, on behalf of the Commission; and
3) Authorize the Executive Director or designee to approve the use of the contingency
amount as may be required for these services.
BACKGROUND INFORMATION:
In March 2017, the Commission began operating the 91 Express Lanes. In mid-2020, the
Commission will also begin operating the 15 Express Lanes. During the development and
implementation of the express lanes, staff has been supported by the project and construction
management consultant (PCM) team which includes toll experts. After the express lanes
transition from development to operations, the support of the PCM curtails leaving staff without
consultant support.
Over the past two and one-half years of operating the 91 Express Lanes, staff has had the need
for consultant support on numerous occasions. Staff has utilized the 91 and 15 Express Lanes
PCM and OCTA toll consultant to temporarily provide the needed support. With the continued
need for long-term consultant support in toll operations, staff determined that the on -going
operation of the Commission's express lanes would best be served by a dedicated express lanes
consultant.
Staff assessed its needs and determined that the best approach was to issue a Request for
Proposal (RFP) for a task order -based express lanes consultant contract. Staff developed a scope
Agenda Item 7D
12
of work that includes seven task categories based on a review of the needs over the past two and
one-half years of operation and a future needs assessment. The seven tasks are as follows:
1. Express Lanes Planning and Policy Work
2. Technology and System Support
3. Customer Service and Toll Evasion Violation Support Technology
4. General Operations Support
5. Industry Representation
6. Express Lanes Performance
7. Express Lanes Financial Support
Exhibit A of Attachment 1 to this report includes the Statement of Services with a detailed
description of the projected tasks. The work that could be performed ranges from simple short-
term tasks such as assisting with the development of express lanes policies under Task 1 to
longer -term tasks such as monitoring the toll service contractor's performance under Task 2 and
Task 3.
The express lanes' operation is performed by toll services contractors. Staff expends much of its
time providing oversight to these contractors and will be relying on the expertise of the Express
Lanes Consultant to ensure the contractor is meeting the requirements of the contract,
accurately processing transactions, properly maintaining the systems, and providing excellent
customer service.
Additionally, the Express Lanes Consultant will provide staff with access to a wide variety of toll
subject matter experts. The RFP requested that the proposer identify a subject matter expert as
a task lead for each of the seven tasks. Those task leads will be available to assist staff with the
wide variety of services detailed in Exhibit A of Attachment 1.
During the past eighteen months staff was challenged with deploying the new 6C transponder
technology. This effort included: procuring 6C transponders, re-evaluating the existing account
policies and seeking adoption of new policies, upgrading the in -lane toll system to accept the 6C
transponders, creating customer communications to accompany the changes in account policies
and technology, processing change orders to contracts to make the necessary system changes,
working with the toll service contractors to design and test the system changes, coordinating
legal matters regarding changes to policies and the required communication, and developing the
roll -out plan for the replacement of transponders to over 150,000 account holders. While staff
self -performed much of this work, toll operations staff's commitment to the on -going operation
of the 91 Express Lanes and the design and development of the 15 Express Lanes Project and
15/91 Express Lanes Connector required them to enlist the help of several different PCM toll
consultants to assist with the management of this work. The work performed on this task serves
as a good example of how the proposed Express Lanes Consultant can complement the needs of
the toll operations staff.
Agenda Item 7D
13
Staff developed a list of initial needs the Express Lanes Consultant may support in the coming
year including the following:
• Evaluation of automated vehicle occupancy detection solutions
• Support of the 241/91 Express Connector Project for future operations and maintenance
• Support of the San Bernardino County Transportation Agency (SBCTA) 15 Express Lanes
Project for future operations and maintenance
• Evaluation of the express lanes website compliancy with current regulations
• Assistance with oversight of the 15 Express Lanes contractor after opening
• Evaluation of both the 91 and 15 Express Lanes performance
Upon execution of the agreement, the Express Lanes Consultant will be available for work. The
Agreement is a task order contract and each assignment will be managed through the issuance
of a task which will include an agreed upon level of effort, defined delivery expectation, and
budget.
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, qualifications of personnel, understanding and approach, and the ability to respond to the
requirements set forth under the terms of RFP No. 20-31-001-00.
RFP No. 20-31-001-00 was released on August 21, 2019. 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 894 firms,
141 of which are located in Riverside County. Through the PlanetBids site, 103 firms downloaded
the RFP; 12 of these firms are located in Riverside County. A pre -proposal conference was held
on August 29 and attended by 13 firms. Staff responded to all questions submitted by potential
proposers prior to the September 5 clarification deadline date. Two firms — HNTB Corporation
(Ontario) and Parsons Transportation Group (La Palma) — submitted proposals prior to the 2:00
p.m. submittal deadline on September 18. Both firms submitted responsive and responsible
proposals.
Utilizing the evaluation criteria set forth in the RFP, the two proposals were evaluated and scored
by an evaluation committee comprised of Commission staff. The evaluation criteria and
respective points assignment were as follows:
Agenda Item 7D
14
Evaluation Criteria
Maximum Points
Qualifications of Firm/Team
25
Qualifications of Personnel
25
Understanding and Approach
25
Price
25
The proposers were asked to provide a fully burdened rate for each of its seven task leads, the
program manager, and three levels of support consultants. Staff applied a pre -determined
number of hours to each labor rate based on an estimated level of work to be performed during
the term of the agreement.
The price score was calculated as follows:
Proposer Price Score = Lowest Price Proposed/Proposers Price x 25 points
Parsons had the lowest price based on staff's estimated hours and received the maximum 25 cost
points.
The overall evaluation ranking, based on highest to lowest total evaluation scores, are presented
in the following table.
Firm
Overall Ranking
HNTB Corporation
1
Parsons Transportation Corporation
2
Based on the evaluation committee's assessment of the written proposals and calculated price,
the evaluation committee recommends contract award to HNTB Corporation as this firm earned
the highest total evaluation score.
HNTB's proposal thoroughly represented its ability to support all tasks provided in the RFP with
the use of experienced subject matter experts most of whom are located in Southern California.
HNTB has vast national experience providing services similar to those outlined in this RFP. HNTB's
broad experience in tolling and express lanes combined with its knowledge of RCTC will provide
staff with a valuable resource in the area of express lanes operation.
Staff recommends a five-year base contract with two one-year options to potentially extend the
agreement. A five-year contract with the option to extend will provide for the continuity of
services needed to perform the long -lead task items. Based on the level of consultant support
the express lanes operation has required over the last two years and anticipated needs, staff
estimates the value of this agreement over seven years to be $10 million or approximately
$1.4 million per year. Exhibit B of Attachment 1 to this report shows an estimate by task and
year.
Agenda Item 7D
15
RECOMMENDATION:
Staff recommends award of Agreement No. 20-31-001-00 to HNTB Corporation for express lanes
consulting services for a five-year term, plus two one-year options to extend the agreement, in
an amount of $10 million, plus a contingency amount of $500,000, for a total amount not to
exceed of $10.5 million; authorize the Chair or Executive Director, pursuant to legal counsel
review, to execute the agreement, including option years, on behalf of the Commission; and
authorize the Executive Director or designee to approve the use of the contingency amount as
may be required for these services.
Staff estimates that the express lanes consultant support required in FY 2019/20 is $1.4 million;
support relates primarily to RCTC 91 Express Lanes, 241/91 Express Connector Project, and
SBCTA's 15 Express Lanes Project. There is sufficient FY 2019/20 budget authority for the express
lanes consulting services.
The Commission's professional services agreement will be entered into with the consultant
subject to any changes approved by the Executive Director and pursuant to legal counsel review.
Staff oversight of the contract will maximize the effectiveness of the consultant and minimize
costs to the Commission.
Financial Information
In Fiscal Year Budget:
Yes
N/A
Year:
FY 2019/20
FY 2020/21+
Amount:
$1,400,000
$9,100,000
Toll Revenues; 2009 Measure A Western
Source of Funds:
County Economic Development, Local
Transportation Fund, and state Senate Bill
Budget Adjustment:
No
N/A
1 funds
009199 65520 00000 0000 591 31 65520
001599 65520 00000 0000 515 31 65520
GL/Project Accounting No.:
673033 65520 00000 0000 106 67 65520
003039 65520 00000 0000 605 31 65520
003050 65520 00000 0000 268 31 65520
Fiscal Procedures Approved:
\I-Xl4E4441
I Date:
10/21/2019
Attachment: Draft Professional Services Agreement No. 20-31-001-00
Agenda Item 7D
16
Agreement No. 20-31-001-00
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AGREEMENT FOR ON -CALL EXPRESS LANES CONSULTING SERVICES
WITH HNTB CORPORATION
1. PARTIES AND DATE.
This Agreement is made and entered into this _ day of , 2019, by
and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("the Co-
mmission") and HNTB Corporation ("Consultant"), a CORPORATION.
2. RECITALS.
2.1 Consultant desires to perfo
provision of certain on -call professional consulti
terms and conditions set forth in this Agree
professional consultant, experienced in •rovidin
services to public clients, is licensed in t
with the plans of Commission.
and assu responsibility for the
ervi• require by Commission on the
onsultant represents that it is a
xpress lanes consulting services
rnia (if necessary) and is familiar
2.2 Services s► • - ovi • on the terms and conditions set forth in this
Agreement and in the task or► (s) to olici, +, awarded and authorized by Commission
as further described in this A• - r _ Order").
2.3
an on -call basis. S
Agreement for future
shall be designated a
3. TERMS.
es to engage Consultant to render such services on
or.ered by Task Order(s) to be issued pursuant to this
t forth herein and in each Task Order (each such project
nder thisAgreement).
3.1 General Scope of Services. Consultant shall furnish all technical and
professional services, including labor, material, equipment, transportation, supervision and
expertise, and incidental and customary work necessary to fully and adequately supply the
consulting and other services required for the Projects ("Services"). The Services are
17336.02109\32241677.1
17
generally described in Exhibit "A" attached hereto and incorporated herein by reference.
The Services shall be more particularly described in the individual Task Order requests and
proposals. No Services shall be performed prior to Commission's Task Order
Authorization, as defined in Section 3.3 below. All Services shall be subject to, and
performed in accordance with, this Agreement, the relevant Task Order, the exhibits
attached hereto and incorporated herein by reference, and all applicable local, state and
federal laws, rules and regulations.
3.2 Term. The term of this Agreement shall be from the date first specified
above to December 31, 2024, unless earlier terminated as provided herein. All Task Order
work should be completed within the term.
3.3 Task Orders; Commencement of Services; Schedule of Services.
Services under this Agreement shall be requested by the Cmission pursuant to Task
Order requests. If Commission accepts Consultant's Ta rder proposal, Commission
shall issue a purchase order or executed task order for -rvices ("Commission's Task
Order Authorization"). Consultant's agreement to the i .I ter •f a proposed Task Order,
Commission's Task Order Authorization and Con . nt's com cement of the Services
shall indicate the Parties' agreement to the ter - of the elevant .skOrder.
Consultant shall commence Service der a Task Order within five (5) days
of receiving Commission's Task OrderA ation.
Consultant shall perform the e peditiously, in accordance with the
Schedule of Services set forth .sk der. Consultant represents that it has the
professional and technical pe nel r • uire. . perform the Services in conformance with
such conditions. In order .ci ' - . Itant's conformance with the Schedule,
Commission shall respo • o C. Itant's submittals in a timely manner. Upon request of
the Commission, C• • h. •rovide a more detailed schedule of anticipated
performance to m- e Sche le • services.
3.4 In. •end: Contractor; Control and Payment ofSubordinates. The
Services shall be perform: onsultant under its supervision. Consultant will determine
the means, method and de . ils of performing the Services subject to the requirements of
this Agreement. Commission retains Consultant on an independent contractor basis and
Consultant is not an employee of Commission. Consultant retains the right to perform
similar or different services for others during the term of this Agreement. Any additional
personnel performing the Services under this Agreement on behalf of Consultant shall not
be employees of Commission and shall at all times be under Consultant's exclusive
direction and control. Consultant shall pay all wages, salaries, and other amounts due such
personnel in connection with their performance of Services under this Agreement and as
required by law. Consultant shall be responsible for all reports and obligations respecting
such additional personnel, including, but not limited to: social security taxes, income tax
withholding, unemployment insurance, and workers' compensation insurance.
3.5 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval ofCommission.
17336.02109\32241677.1
18
3.6 Substitution of Key Personnel. Consultant has represented to
Commission that certain key personnel will perform and coordinate the Services under this
Agreement. Should one or more of such personnel become unavailable, Consultant may
substitute other personnel of at least equal competence and experience upon written
approval of Commission. In the event that Commission and Consultant cannot agree as to
the substitution of key personnel, Commission shall be entitled to terminate this Agreement
for cause, pursuant to provisions of Section 3.16 of this Agreement. The key personnel for
performance of this Agreement are as follows_Greg Hulsizer; Garth Lynch; Dan Baker;
Theresa Weekes; Mat Antonelli; Lisa Ganz; Shaumik Pal; and Will Allen, or as otherwise
identified in a Task Order.
3.7 Commission's Representative. Commission hereby designates
Executive Director, or his or her designee, to act as its representative for the performance
of this Agreement ("Commission's Representative"). Co
have the power to act on behalf of Commission for all
Consultant shall not accept direction from any
Representative or his or her designee.
sion's representative shall
oses under this Agreement.
ther than Commission's
3.8 Consultant's Re resent onsultant hereby designates
Greg Hulsizer, or his or her designee, to act as i .resentative for the performance of
this Agreement ("Consultant's Represe e"). C• ultant's Representative shall have
full authority to represent and act on beh - Co Itant for all purposes under this
Agreement. The Consultant's Represen. ' . upervise and direct the Services,
using his or her best skill and at - an. all be responsible for all means, methods,
techniques, sequences and prthe satisfactory coordination of all portions
of the Services under this A
3.9 C
Commission staff i
staff, consultants a
Services. Consultant agrees to work closely with
f Services and shall be available to Commission's
all reasonable times.
3.10 Sta .f Care; Licenses. Consultant shall perform the Services
under this Agreement in a illful and competent manner, consistent with the standard
generally recognized as being employed by professionals in the same discipline in the
State of California. Consultant represents and maintains that it is skilled in the professional
calling necessary to perform the Services. Consultant warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned
to them. Finally, Consultant represents that it, its employees and subcontractors haveall
licenses, permits, qualifications and approvals of whatever nature that are legally required
to perform the Services and that such licenses and approvals shall be maintained
throughout the term of this Agreement. Consultant shall perform, at its own cost and
expense and without reimbursement from Commission, any Services necessary to correct
errors or omissions which are caused by the Consultant's failure to comply with the
standard of care provided for herein, and shall be fully responsible to the Commission for all
damages and other liabilities provided for in the indemnification provisions of this
Agreement arising from the Consultant's errors and omissions.
17336.02109\32241677.1
19
3.11 Laws and Regulations. Consultant shall keep itself fully informed of
and in compliance with all local, state and federal laws, rules and regulations in any manner
affecting the performance of the Project or the Services, including all Cal/OSHA
requirements, and shall give all notices required by law. Consultant shall be liable for all
violations of such laws and regulations in connection with Services. If the Consultant
performs any work knowing it to be contrary to such laws, rules and regulations and without
giving written notice to Commission, Consultant shall be solely responsible for all costs
arising therefrom. Consultant shall defend, indemnify and hold Commission, its officials,
directors, officers, employees and agents free and harmless, pursuant to the
indemnification provisions of this Agreement, from any claim or liability arising out of any
failure or alleged failure to comply with such laws, rules or regulations.
3.12 Insurance.
3.12.1 Time for Compliance. Consul
under this Agreement until it has provided evidence sati
has secured all insurance required under this sect
companies acceptable to the Commission. In a on,
subcontractor to commence work on any subc act
required under this section.
3.12.2 Minimum R
procure and maintain for the duration of th
to persons or damages to propert whi
performance of the Agreement b
subcontractors. Consultant
maintain the same insurance
at least the following min
shall not commence work
ory to the Commission that it
form and with insurance
Con nt shall not allow any
til it h ecured all insurance
onsultant shall, at its expense,
urance against claims for injuries
e from or in connection with the
nt, its agents, representatives, employees or
all of its subcontractors to procure and
the Agreement. Such insurance shall meet
s of coverage:
um Scope of Insurance. Coverage shall be at least
as broad as the lat-. ersion the following: (1) General Liability: Insurance Services
Office Commercial G: -ral .bility coverage (occurrence form CG 0001 or exact
equivalent); (2) Automob ability: Insurance Services Office Business Auto Coverage
(form CA 0001, code 1 (any . uto) 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.
(8) Minimum Limits of Insurance. Consultant shall maintain
limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability Insurance or other
form with general aggregate limit is used, either the general aggregate limit shall apply
separately to this Agreement/location or the general aggregate limit shall be twice the
required occurrence limit; (2) BusinessAUtomobi/e Liability: $1,000,000 combined single limit
each accident for bodily injury and property damage; and (3) if Consultant has an
employees, Workers' Compensation
and Employer's Liability: Workers' Compensation limits as required by the Labor Code of
the State of California. Employer's Liability limits of $1,000,000 per accident.
17336.02109\32241677.1
20
3.12.3 Professional Liability. [ INCLUDE ONLY IF APPLICABLE -
DELETE OTHERWISE ] Consultant shall procure and maintain, and require its sub -
consultants to procure and maintain, for a period of five (5) years following completion of
the Project, errors and omissions liability insurance appropriate to their profession. Such
insurance shall be in an amount not less than $1,000,000 [_ INCREASE IF NECESSARY
- OTHERWISE LEAVE AS IS AND DELETE THIS NOTE ] per claim. This insurance shall
be endorsed to include contractual liability applicable to this Agreement and shall be written
on a policy form coverage specifically designed to protect against acts, errors or
omissions of the Consultant. "Covered Professional Services" as designated in the policy
must specifically include work performed under this Agreement. The policy must "pay on
behalf of the insured and must include a provision establishing the insurer's duty to defend.
3.12.4 Insurance Endorsements. The insurance policies shall contain
the following provisions, or Consultant shall provide endorse ents on forms approved by
the Commission to add the following provisions to the ins y ce policies:
(A) General Liability.
(i) Com
include coverage for (1) bodily Injury and prope
Injury; (3) premises/operations liability; (4) pro
aggregate limits that apply per Project;
exclusion deleted; (7) contractual liabilit
property damage; and (9) independent co
provisions limiting coverage
or suits by one insured a
Agreement.
officials, officers, empl
10 10 01 and 2037100
er; or
(
losi
neral ❑Rbility Insurance must
e; (2) personal Injury/advertising
/completed operations liability; (5)
ollapse and underground (UCX)
this Agreement; (8) broad form
erage.
olicy shall contain no endorsements or
ability; (2) cross liability exclusion for claims
) contain any other exclusion contrary to this
(iii) The policy shall give the Commission, its directors,
agents insured status using ISO endorsement forms 20
ndorsements providing the exact same coverage.
(iv) The additional insured coverage under the policy
shall be "primary and non-contributory" and will not seek contribution from the
Commission's insurance or self-insurance and shall be at least as broad as CG 20 01 04
13, or endorsements providing the exact same coverage.
(B) Automobile Liability. The automobile liability policy shall
be endorsed to state that: (1) the Commission, its directors, officials, officers, employees
and Cofiroute USA, Kapsch Trafficcom Transportation NA, Inc., and Bechtel
Infrastructure Corporation shall be named as additional insureds with respect to
the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased,
hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the
insurance coverage shall be primary insurance as respects the Commission, its directors, officials,
officers, employees and agents, or if excess, shall stand in an unbroken chain of coverage excess
17336.02109\32241677.1
21
of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained
by the Commission, its directors, officials, officers, employees and agents shall be excess of the
Consultant's insurance and shall not be called upon to contribute with it in anyway.
(C) Workers' Compensation and Employers Liability
Coverage.
0) Consultant certifies that he/she is aware of the
provisions of Section 3700 of the California Labor Code which requires every employer to
be insured against liability for workers' compensation or to undertake self-insurance in
accordance with the provisions of that code, and he/she will comply with such provisions
before commencing work under this Agreement.
(ii) The insurer shall agree to waive all rights of
subrogation against the Commission, its directors, officials, officers, employees and agents
for losses paid under the terms of the insurance policy whic'se from work performed by
the Consultant.
(D) All Coverages.
(i) Defercoshall be payable in addition to the
limits set forth hereunder.
(ii) f specific coverage or limits
contained in this section are not intende a :tion on coverage, limits, or other
requirement, or a waiver of any c• :e n. .Ily provided by any insurance. It shall be a
requirement under this Agree r tha : ny a lable insurance proceeds broader than or in
excess of the specified mini erage requirements and/or limits set forth
herein shall be available to the • issio , s directors, officials, officers, employees and
agents as additional ' _ u -r said policies. Furthermore, the requirements for
coverage and limi - .all b- 1) minimum coverage and limits specified in this
Agreement; or (2) terage and maximum limits of coverage of any insurance
policy or proceeds ay. .le to - named insured; whichever is greater.
(iii) The limits of insurance required in this Agreement
may be satisfied by a combination of primary and umbrella or excess insurance. Any
umbrella or excess insurance shall contain or be endorsed to contain a provision that such
coverage shall also apply on a primary and non-contributory basis for the benefit of the
Commission (if agreed to in a written contract or agreement) before the Commission's own
insurance or self-insurance shall be called upon to protect it as a named insured. The
umbrella/excess policy shall be provided on a "following form" basis with coverage at least
as broad as provided on the underlying policy(ies).
17336.02109\32241677.1
22
(iv) Consultant shall provide the Commission at least
thirty (30) days prior written notice of cancellation of any policy required by this Agreement,
except that the Consultant shall provide at least ten (10) days prior written notice of
cancellation of any such policy due to non-payment of premium. If any of the required
coverage is cancelled or expires during the term of this Agreement, the Consultant shall
deliver renewal certificate(s) including the General Liability Additional Insured Endorsement
to the Commission at least ten (10) days prior to the effective date of cancellation or
expiration.
(v) The retroactive date (if any) of each policy is to be
no later than the effective date of this Agreement. Consultant shall maintain such coverage
continuously for a period of at least three years after the completion of the work under this
Agreement. Consultant shall purchase a one (1) year exten
retroactive date is advanced past the effective date of th.
cancelled or not renewed; or C) if the policy is replaced
a retroactive date subsequent to the effective date
(vi) The f
limits of insurance coverage to be maintained
insurance by the Commission, is not intended to
the liabilities and obligations otherwis
Agreement, including but not limited to, th
policy of insurance requir
specifications or is canceled
obtain the insurance (if
under this agreeme
by Consultant or
Consultant paymen
cause. The Commissio
busincm hours, complete co pie : II
d reporting period A) if the
greement; B) if the policy is
her claims -made policy with
ment.
quirem- is as to the types and
ultant, and any approval of said
all not in any manner limit or qualify
he Consultant pursuant to this
concerning indemnification.
ny time during the life of the Agreement, any
reement does not comply with these
Commission has the right but not the duty to
available, and Consultant agrees to pricing) required
paid by Commission will be promptly reimbursed
ill ithhold amounts sufficient to pay premium from
rnative, Commission may cancel this Agreement for
the rightto review, at local office of Consultant, atany lime during normal
insurance policies in effect for the duration of the Project.
(viii) Neither the Commission nor any of its directors,
officials, officers, employees or agents shall be personally responsible for any liability
arising under or by virtue of this Agreement.
Consultant agrees that:
3.12.5 Deductibles and Self -Insurance Retentions. Any deductibles or
self -insured retentions must be declared to the Commission.
17336.02109\32241677.1
23
3.12.6 Acceptability of Insurers. Insurance is to be placed with insurers
with a current A.M. Best's rating no less than A:VIII, authorized to do business in California,
and satisfactory to the Commission in its reasonable discretion..
3.12.7 Verification of Coverage. Consultant shall furnish Commission
with original certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the Commission. The certificates and endorsements
for each insurance policy shall be signed by a person authorized by that insurer to bind
coverage on its behalf. All certificates and endorsements must be received and approved
by the Commission before work commences. The Commission reserves the right to
review complete , certified copies of all required insurance policies, at any time at a local
office of Consultant.
3.12.8 Subconsultant Insurance ments. Consultant shall not
allow any subcontractors or subconsultants to com ^ ce on any subcontract until
they have provided evidence satisfactory to the mission they have secured all
insurance required under this section. Policie com- -rcial ge eral liability insurance
provided by such subcontractors or subcons. - hall be endorsed to name the
Commission as an additional insured usin. ISO fo CG 20 38 04 13 or an endorsement
providing the exact same coverage. If ed b onsultant, the Commission may
approve different scopes or minimum lim o - for particular subcontractors or
subconsultants.
3.13 Safety.
injury or damage to any per
shall at all times be in co
regulations, and sh
appropriate to the
performed. Safety p
adequate life protectio
accident prevention for
ecute and maintain its work so as to avoid
n carrying out its Services, the Consultant
th all applicable local, state and federal laws, rules and
cessary precautions for the safety of employees
or and the conditions under which the work is to be
applicable shall include, but shall not be limited to: (A)
saving equipment and procedures; (B) instructions in
mployees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing apparel
as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate
facilities for the proper inspection and maintenance of all safety measures.
3.14 Fees and Payment.
3.14.1 Compensation. Consultant shall receive compensation,
including authorized reimbursements, for all Services rendered under this Agreement at the
rates set forth in Exhibit "B" attached hereto.
The total compensation per Task Order shall be set forth in each Task
Order, and shall not exceed such amount without written approval of Commission's
17336.02109\32241677.1
24
Executive Director. The total amount payable by Commission for all Task Orders issued
under this Agreement shall not exceed a cumulative maximum total value of
Ten Million Dollars ("NTE Sum"). It is understood and agreed that there is no guarantee,
either expressed or implied that this dollar amount will be authorized pursuant to Task
Orders. Consultant acknowledges and agrees that Commission shall not pay any amount
under this Agreement that would exceed the NTE Sum, and Consultant shall not knowingly
enter into a Task Order that exceeds the NTE Sum.
Extra Work may be authorized, as described below, and if authorized,
will be compensated at the rates and manner set forth in this Agreement.
3.14.2 Payment of Compensation. Consultant shall submit to
Commission a monthly statement which indicates work completed and hours of Services
rendered by Consultant. The statement shall describe the arrant of Services and supplies
provided since the initial commencement date, or since t
periods, as appropriate, through the date of the state
days of receiving such statement, review the state,
thereon.
art of the subsequent billing
ommission shall, within 45
ay all approved charges
3.14.3 Reimbursement fo ses. Consultant shall not be
reimbursed for any expenses unless authorized in ting by Commission.
3.14.4 Extra Work.
Commission may request that C• • ultan
Work" means any work which i e ned
completion of the Project, b
necessary at the execution
compensated for, Extr
Director.
ing the term of this Agreement,
orm xtra Work. As used herein, "Extra
Commission to be necessary for the proper
s did not reasonably anticipate would be
nt. Consultant shall not perform, nor be
ut written authorization from Commission's Executive
3.15 ountin• ecords. Consultant shall maintain complete and accurate
records with respect t. c- s and expenses incurred and fees charged under this
Agreement. All such re shall be clearly identifiable. Consultant shall allow a
representative of Commission during normal business hours to examine, audit, and make
transcripts or copies of such records and any other documents created pursuant to this
Agreement. Consultant shall allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of final
payment under this Agreement.
3.16 Termination of Agreement.
3.16.1 Grounds for Termination. Commission may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without
cause by giving written notice to Consultant of such termination, and specifying the
effective date thereof. Upon termination, Consultant shall be compensated only for those
services which have been fully and adequately rendered to Commission through the
effective date of the termination, and Consultant shall be entitled to no further
compensation. Consultant may not terminate this Agreement except for cause.
17336.02109\32241677.1
25
Commission may terminate Services under a Task Order, at any time,
for any or no reason, with the effective date of termination to be specified in the notice of
termination of Task Order.
3.16.2 Effect of Termination. If this Agreement is terminated as
provided herein, Commission may require Consultant to provide all finished or unfinished
Documents and Data, as defined below, and other information of any kind prepared by
Consultant in connection with the performance of Services under this Agreement.
Consultant shall be required to provide such document and other information within fifteen
(15) days of the request.
3.16.3 Additional Services. In the event this Agreement is terminated
in whole or in part as provided herein, Commission may proc re, upon such terms and in
such manner as it may determine appropriate, services sir : r to those terminated.
3.17 Delivery of Notices. All notices -r -d or required under this
Agreement shall be given to the respective parties e follows - ddress, or at such other
address as the respective parties may provide! sting for this • •ose:
CONSULTANT:
HNTB Corporation
3633 Inland Empire Blvd
Suite 750
Ontario, CA 917
Attn: Greg Huls
Such n
mailed, forty-eight
addressed to the pa
notice on the date act
OMMISSION:
erside County
ransportation Commission
4080 Lemon Street, 3rd Floor
Riverside, CA 92501
Attn: Executive Director
eemed made when personally delivered or when
sit in the U.S. Mail, first class postage prepaid and
able address. Actual notice shall be deemed adequate
ccurred, regardless of the method of service.
3.18 Ownership of Materials/Confidentiality.
3.18.1 Documents & Data. This Agreement creates an exclusive and
perpetual license for Commission to copy, use, modify, reuse, or sub -license any and all
copyrights and designs embodied in plans, specifications, studies, drawings, estimates,
materials, data and other documents or works of authorship fixed in any tangible medium of
expression, including but not limited to, physical drawings or data magnetically or otherwise
recorded on computer diskettes, which are prepared or caused to be prepared by
Consultant under this Agreement ("Documents & Data").
Consultant shall require all subcontractors to agree in writing that
Commission is granted an exclusive and perpetual license for any Documents & Data the
subcontractor prepares under this Agreement.
17336.02109\32241677.1
26
Consultant represents and warrants that Consultant has the legal right
to grant the exclusive and perpetual license for all such Documents & Data. Consultant
makes no such representation and warranty in regard to Documents & Data which were
prepared by design professionals other than Consultant or provided to Consultant by the
Commission.
Commission shall not be limited in any way in its use of the Documents
& Data at any time, provided that any such use not within the purposes intended by this
Agreement shall be at Commission's sole risk.
3.18.2 Intellectual Property. In addition, Commission shall have and
retain all right, title and interest (including copyright, patent, trade secret and other
proprietary rights) in all plans, specifications, studies, drawings, estimates, materials, data,
computer programs or software and source code, enhanceme ts, documents, and any and
all works of authorship fixed in any tangible medium or expr ion, including but not limited
to, physical drawings or other data magnetically or othe ecorded on computer media
("Intellectual Property") prepared or developed by or b f of Consultant under this
Agreement as well as any other such Intellectual P .erty prep d or developed by or on
behalf of Consultant under this Agreement.
The Commission shall have
Intellectual Property developed or modif'
wholly or in part by Commission, whether
and whether or not developed by Consu
assignments of any and all n
request of Commission.
Con
written assignments f
the above referen
termination of this
Property, it shall first o
retain all right, title and interest in
der t greement whether or not paid for
d in conjunction with Consultant,
o • tant will execute separate written
ve referenced Intellectual Property upon
also •e responsible to obtain in writing separate
ractors or agents of Consultant of any and all right to
erty. Should Consultant, either during or following
esire to use any of the above -referenced Intellectual
ritten approval of the Commission.
All ma ials and documents which were developed or prepared by the
Consultant for general use prior to the execution of this Agreement and which are not the
copyright of any other party or publicly available and any other computer applications, shall
continue to be the property of the Consultant. However, unless otherwise identified and
stated prior to execution of this Agreement, Consultant represents and warrants that it has
the right to grant the exclusive and perpetual license for all such Intellectual Property as
provided herein.
Commission further is granted by Consultant a non-exclusive and
perpetual license to copy, use, modify or sub -license any and all Intellectual Property
otherwise owned by Consultant which is the basis or foundation for any derivative,
collective, insurrectional, or supplemental work created under this Agreement.
3.18.3 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
17336.02109\32241677.1
27
information, and other Documents and Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant.
Such materials shall not, without the prior written consent of Commission, be used by
Consultant for any purposes other than the performance of the Services. Nor shall such
materials be disclosed to any person or entity not connected with the performance of the
Services or the Project. Nothing furnished to Consultant which is otherwise known to
Consultant or is generally known, or has become known, to the related industry shall be
deemed confidential. Consultant shall not use Commission's name or insignia,
photographs of the Project, or any publicity pertaining to the Services or the Project in any
magazine, trade paper, newspaper, television or radio production or other similar medium
without the prior written consent of Commission.
3.18.4Infringement Indemnification. Consultant shall defend,
indemnify and hold the Commission, its directors, officials, off' ers, employees, volunteers
and agents free and harmless, pursuant to the inde► fication provisions of this
Agreement, for any alleged infringement of any patent, c• : ht, trade secret, trade name,
trademark, or any other proprietary right of any perso en n consequence of the use
on the Project by Commission of the Documentsata, incl • any method, process,
product, or concept specified or depicted.
3.19 Cooperation; Further Acts. arties shall fully cooperate with one
another, and shall take any additional a sign additional documents as may be
necessary, appropriate or convenient to . •ur es of this Agreement.
3.20 Attorne 's
party, either legal, administr
Agreement, the prevailing p
the losing party reasona
Inde
(with counsel of Co
its directors, officials,
harmless from any and a
F eith: .arty commences an action against the other
, arising out of or in connection with this
n shall be entitled to have and recover from
's fees and costs of such actions.
the , lest extent permitted by law, Consultant shall defend
asonable choosing), indemnify and hold Commission,
ployees, consultants, volunteers, and agents free and
s, demands, causes of action, costs, expenses, liability,
loss, damage or injury, in la or equity, to property or persons, including wrongful death, in
any manner arising out of or incident to alleged neg I igent acts, omissions, or willful misconduct of
Consultant, its officials, officers, employees, agents, consultants, and contractors arising
out of or in connection with the performance of the Services, the Project or this Agreement,
including without limitation the payment of consequential damages, , expert witness fees,
and attorneys fees and other related costs and expenses. Consultant shall defend, at
Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other
legal proceedings of every kind that may be brought or instituted against Commission, its
directors, officials, officers, employees, consultants, agents, or volunteers. Consultant shall
pay and satisfy any judgment, award or decree that may be rendered against Commission
or its directors, officials, officers, employees, consultants, agents, or volunteers, in any
such suit, action or other legal proceeding. Consultant shall reimburse Commission and
its directors, officials, officers, employees, consultants, agents, and/or volunteers, for any
and all legal expenses and costs, including reasonable attorney's fees, incurred by each of
them in connection therewith or in enforcing the indemnity herein provided. Consultant's
17336.02109\32241677.1
28
obligation to indemnify shall not be restricted to insurance proceeds, if any, received by
Commission, its directors, officials officers, employees, consultants, agents, or
volunteers.
If Consultant's obligation to defend, indemnify, and/or hold harmless arises
out of Consultant's performance as a "design professional" (as that term is defined under
Civil Code section 2782.8), then, and only to the extent required by Civil Code section
2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be
limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or
willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by
a court of competent jurisdiction, Consultant's liability for such claim, including the cost to
defend, shall not exceed the Consultant's proportionate percentage of fault.
Consultant's obligations as set forth in this Secti n shall survive expiration or
termination of this Agreement.
3.21 Entire Agreement. This Agreemco s the entire Agreement of
the parties with respect to the subject matter hereo d super s all prior negotiations,
understandings or agreements. This Agreemen y orgy be sup mented, amended, or
modified by a writing signed by both parties.
3.22 Governing Law. Th' ; - eemer call be governed by the laws of the
State of California. Venue shall be in RI
3.23 Time of Esof the essence for each and every provision
of this Agreement.
0
17336.02109\32241677.1
29
3.24 Commission's Right to Employ Other Consultants. The Commission
reserves the right to employ other consultants in connection with this Project.
3.25 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties, and shall not be assigned by Consultant without the
prior written consent of Commission.
3.26 Prohibited Interests and Conflicts.
3.26.1 Solicitation. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working
solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that
it has not paid nor has it agreed to pay any company or person, other than a bona fide
employee working solely for Consultant, any fee, commissio ercentage, brokerage fee,
gift or other consideration contingent upon or resulting fr the award or making of this
Agreement. For breach or violation of this warranty, sion shall have the right to
rescind this Agreement without liability.
3.26.2 Conflict of Interest.
officer or employee of Commission, during the t
shall have any direct interest in this Agreement`
material benefit arising therefrom.
3.26.3 Confli
personnel currently on the p
performance of this Agreem
employee's regular working
employment by the Co
within one year prior
caused by and or d
the Commission, is
of thisgreement, no member,
's or her service with Commission,
obtain any present or anticipated
f Em, T ent. mployment by the Consultant of
ommission shall not be permitted in the
ch employment may occur outside of the
nds, holidays or vacation time. Further, the
ersonnel who have been on the Commission payroll
cution of this Agreement, where this employment is
the onsultant securing this or related Agreements with
3.26.• ployment Adverse to the Commission. Consultant shall
notify the Commission, and shall obtain the Commission's written consent, prior to
accepting work to assist with or participate in a third -party lawsuit or other legal or
administrative proceeding against the Commission during the term of this Agreement.
3.27 Equal Opportunity Employment. Consultant represents that it is an
equal opportunity employer and it shall not discriminate against any employee or applicant
for employment because of race, religion, color, national origin, ancestry, sex or age. Such
non-discrimination shall include, but not be limited to, all activities related to initial
employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination. Consultant shall also comply with all relevant provisions of Commission's
Disadvantaged Business Enterprise program, Affirmative Action Plan or other related
Commission programs or guidelines currently in effect or hereinafter enacted.
17336.02109\32241677.1
30
3.28 Subcontracting. Consultant shall not subcontract any portion of the
work or Services required by this Agreement, except as expressly stated herein, without
prior written approval of the Commission. Subcontracts, if any, shall contain a provision
making them subject to all provisions stipulated in this Agreement.
Exhibit "B" may set forth the rates at which each approved subconsultant
shall bill the Consultant for Services and that are subject to reimbursement by the
Commission to Consultant. The subconsultant rate schedules and cost proposals
contained herein are for accounting purposes only.
3.29 Prevailing Wages. By its execution of this Agreement, Consultant
certified that it is aware of the requirements of California Labor Code Sections 1720 et seq.
and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq.
("Prevailing Wage Laws"), which require the payment of pr vailing wage rates and the
performance of other requirements on certain "public work " d "maintenance" projects. If
the Services are being performed as part of an applicab lic works" or "maintenance"
project, as defined by the Prevailing Wage Laws, and ' e to ompensation is $1,000 or
more, Consultant agrees to fully comply with such P ailing W aws. The Commission
shall provide Consultant with a copy of the prey.' g rat: of per di wages in effect at the
commencement of this Agreement. Consultant - II r e copies of the prevailing rates of
per diem wages for each craft, classification or of worker needed to execute the
Services available to interested partie req► t, and shall post copies at the
Consultant's principal place of business . d . •ro ct site. Consultant shall defend,
indemnify and hold the Commissioits el. - o i : s, officers, employees and agents
free and harmless from any clai► 'litieosts, penalties or interest arising out of any
failure or alleged failure to c• • y wi the vailing Wage Laws.
3.2• IR .!stration. If the Services are being performed as part of
an applicable "publi ntenance" project, then pursuant to Labor Code
Sections 1725.5 a 71.1, th on Itant and all subconsultants must be registered with
the Department of In • trial Rel, ons. If applicable, Consultant shall maintain registration
for the duration of the ec d require the same of any subconsultants. This Project
may also be subject to c. , lance monitoring and enforcement by the Department of
Industrial Relations. It shall •e Consultant's sole responsibility to comply with all applicable
registration and labor compliance requirements.
3.30 Employment of Apprentices. This Agreement shall not prevent the
employment of properly indentured apprentices in accordance with the California Labor
Code, and no employer or labor union shall refuse to accept otherwise qualified employees
as indentured apprentices on the work performed hereunder solely on the ground of race,
creed, national origin, ancestry, color or sex. Every qualified apprentice shall be paid the
standard wage paid to apprentices under the regulations of the craft or trade in which he or
she is employed and shall be employed only in the craft or trade to which he or she is
registered.
If California Labor Code Section 1777.5 applies to the Services, Consultant
and any subcontractor hereunder who employs workers in any apprenticeable craft or trade
shall apply to the joint apprenticeship council administering applicable standards for a
17336.02109\32241677.1
31
certificate approving Consultant or any sub -consultant for the employment and training of
apprentices. Upon issuance of this certificate, Consultant and any sub -consultant shall
employ the number of apprentices provided for therein, as well as contribute to the fund to
administer the apprenticeship program in each craft or trade in the area of the work
hereunder.
The parties expressly understand that the responsibility for compliance with
provisions of this Section and with Sections 1777.5, 1777.6 and 1777.7 of the California
Labor Code in regard to all apprenticeable occupations lies with Consultant.
3.31 No Waiver. Failure of Commission to insist on any one occasion upon
strict compliance with any of the terms, covenants or conditions hereof shall not be deemed
a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any
rights or powers hereunder at any one time or more tim-s be deemed a waiver or
relinquishment of such other right or power at any other ti or times.
3.32 Eight -Hour Law. Pursuant to th- , ov s of the California Labor
Code, eight hours of labor shall constitute a legal d. . work, a e time of service of any
worker employed on the work shall be limited a -stri ed to eihours during any one
calendar day, and forty hours in any one calend. ee. cept when payment for overtime
is made at not less than one and one-half the ba :te for all hours worked in excess of
eight hours per day ("Eight -Hour Law"), u Cons t or the Services are not subject to
the Eight -Hour Law. Consultant shall fo • i •n as a penalty, $50.00 for each
worker employed in the execution of this A• - - n im, or by any sub -consultant under
him, for each calendar day duri► , h s workman is required or permitted to work
more than eight hours in an glen• day d forty hours in any one calendar week
without such compensation •vex on of the provisions of the California Labor
Code, unless Consultant • the ices are not subject to the Eight -Hour Law.
3.33 bpoen. .r ..rt Orders. Should Consultant receive a subpoena or
court order related this Ag -ment, the Services or the Project, Consultant shall
immediately provide -n e of the subpoena or court order to the Commission.
Consultant shall not res• o any such subpoena or court order until notice to the
Commission is provided as equired herein, and shall cooperate with the Commission in
responding to the subpoena or court order.
3.34 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.
3.35 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.36 Labor Certification. By its signature hereunder, Consultant certifies
that it is aware of the provisions of Section 3700 of the California Labor Code which require
every employer to be insured against liability for Workers' Compensation or to undertake
self-insurance in accordance with the provisions of that Code, and agrees to comply with
17336.02109\32241677.1
32
such provisions before commencing the performance of the Services.
3.37 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.38 Incorporation of Recitals. The recitals set forth above are true and
correct and are incorporated into this Agreement as though fully set forth herein.
3.39 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.
3.40 Conflicting Provisions. In the event that provisions of any attached
exhibits conflict in any way with the provisions set forth in th. Agreement, the language,
terms and conditions contained in this Agreement shall co the actions and obligations
of the Parties and the interpretation of the Parties' •erstanding concerning the
performance of the Services.
3.41 Headings. Article and Sep .n Headings, :ragraph captions or
marginal headings contained in this Agreement . - fo venience only and shall have no
effect in the construction or interpretation of any • ion herein.
3.42 Assi • nment or Tran
transfer, either directly or by operation of la
the prior written consent of the sio
and any assignees, hypothec. or t sfer
of such attempted assignme
3.43
authority to conduc
Party warrants that
right, and authority to
shall not assign, hypothecate, or
ment or any interest herein, without
ny attempt to do so shall be null and void,
shall acquire no right or interest by reason
or transfer.
Agreement. Consultant has all requisite power and
nd , execute, deliver, and perform the Agreement. Each
who have signed this Agreement have the legal power,
greement and bind each respective Party.
3.44 Electro is Delivery of Agreement. A manually signed copy of this
Agreement which is transmitted by facsimile, email or other means of electronic
transmission shall be deemed to have the same legal effect as delivery of an original
executed copy of this Agreement for all purposes.
17336.02109\32241677.1
33
SIGNATURE PAGE
TO
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AGREEMENT FOR ON -CALL EXPRESS LANES CONSULTING SERVICES
WITH HNTB CORPORATION
IN WITNESS WHEREOF, this Agreement was executed on the date first
written above.
RIVERSIDE COUNTY CONSULTANT
TRANSPORTATION COMMISSION HNTB CORPORATION
By: By:
Anne Mayer
Executive Director
[NOT NEEDED IF APPROVED BY COMMISSIO
By: Anne Mayer
Executive Director
Approved as to Form:
By:
Best Best &
General Counsel
igne
ame
Attest:
By:
Its:
* A corporation requires the signatures of two corporate officers.
One signature shall be that of the chairman of board, the president or any vice president and the
second signature (on the attest line) shall be that of the secretary, any assistant secretary, the chief
financial officer or any assistant treasurer of such corporation.
If the above persons are not the intended signators, evidence of signature authority shall be
provided to RCTC.
17336.02109\32241677.1
34
Exhibit "A"
Scope of Services
On -call and as -needed express lanes consulting services.
Such Services may include, but are not limited to, the following work activities:
[INSERT SERVICES]
17336.00000\7730829.1
35
STATEMENT OF SERVICES
Background
RCTC currently operates the 91 Express Lanes, will be operating the 15 Express Lanes upon
their opening next year, and are actively developing future express lane facilities. RCTC is
legislated to maintain a small but efficient staff for all of its projects, programs, and operations. As
RCTC's express lanes and related facilities continue to progress through project development
phases to full operations, the support of a toll consultant is needed to assist the Commission with
the ongoing operation and maintenance of the express lanes and on -going operation planning
activities.
Description of Work
RCTC's toll program seeks a toll consultant under a task-ba
of services to the toll program. These services are nee
lane facilities but also potentially for those in develop
the Riverside County segment of the 91 Express
Express Lanes back office and traffic operations
Authority. In 2020, the 15 Express Lanes will open
91 Express Lanes and 15 Express Lanes t. - north
for a southerly extension of the 15 Expre
throughout Riverside County.
Contractors are providing and m
back office systems. Contract
traffic operations centers. In ad
toll program has the oper
the Commission that s
The services are envi
such as technical resea
and duration such as op
assignments may be short- = m
requiring the consultant to work
tasks below are the categories of
tract to provide a wide variety
pri for our operating express
The Co ission currently operates
uding th- .int operation of the 91
the Orange County Transportation
2023 a tolled connector between the
en. Planning work is also underway
roader network of express lanes
and 15 Express Lanes roadside systems and
g all back office services and operating the
de and back office systems and operations, the
aintenance responsibility for several buildings owned by
ns.
nducted on a task order basis for both relatively small tasks
counting as well as more significant tasks in both complexity
support and new technology implementation. Some task
projects while others may be long-term staff augmentation
from Commission -provided offices. The list of representative
work for which RCTC is seeking qualified Proposers.
In addition to the specific task work described below, general task responsibilities could also
include: develop task/project schedules, develop cost estimates, perform benefit/cost analyses,
provide procurement documents, development and support, administer contracts, review
invoices, oversee contractors/consultants, review contract deliverables, research industry and
industry best practices, develop standard operating procedures, and coordinate with contractors,
consultants, and agencies.
The estimated value of this contract is $10 million for a five-year base contract and two, one-year
option periods for a total of seven years.
36
Task 1 Express Lanes Planning and Policy
The Consultant shall support the Commission with strategic and operational planning and policy
work for both existing and future express lanes. Planning and policy work require balancing the
Commission's financial obligations and program goals with regional policy and other related
requirements. The Commission may request assistance with a wide range of planning and policy
work including but not limited to:
• Develop concept of operations
• Develop business rules
• Develop program and facility policies and goals
• Research and monitor legislation
• Perform financial modeling
• Conduct user surveys and focus groups
Task 2 Technology and Systems Support
The Consultant shall support the Commission with the as a men anning, implementation and
management of technology and systems used in the . ation an agement of the express
lanes and facilities. The Commission could reques ista e with a de range of technology
and system support including but not limited to:
• Monitor existing technology and sys
• Manage configuration management
• Provide oversight of system deploymand testing
• Perform technical evaluatio
• Develop long-term syste ► plac ent . ns
• Validate system gener
• Analyze system generate
• Review system d
• Identify and e .ate nee -ch •gy
• Audit system
• Monitor and ev. e syst: maintenance
• Review system pl. d► •ments, drawings, etc.
• Perform asset mansent
• Evaluate transponder or other payment method technology
• Review system interfaces
Task 3 Customer Service and Toll Evasion Violation Support
The Consultant shall support the Commission with the back office operation and toll evasion
violation of the Express Lanes. The Contractors perform most of the work and the Commission is
responsible for procuring and managing the contracts and providing oversight. The Commission
could request assistance with a wide range of customer service and toll evasion violation support
including but not limited to:
• Evaluate proposed delivery options and methods
• Develop website content, customer materials, customer correspondence
• Perform complex reporting
37
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