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10 October 28, 2013 Budget & implementation• TIME: DATE: LOCATION: • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION BUDGET AND IMPLEMENTATION COMMITTEE MEETING AGENDA 9:30 a.m. Monday, October 28, 2013 BOARD ROOM County of Riverside Administrative Center 4080 Lemon Street, First Floor, Riverside 'P-COMMITTEE MEMBERS r"J,/ Ella Zanowic, Chair I Jeff Hewitt, City of Calimesa Douglas Hanson, Vice Chair/ Patrick Mullany, City of Indian Wells Roger Berg I David Castaldo, City of Beaumont Mary Craton I Randy Bonner, City of Canyon Lake Greg Pettis I Kathleen DeRosa, City of Cathedral City Steven Hernandez I Eduardo Garcia, City of Coachella Scott Matas I Yvonne Parks, City of Desert Hot Springs Larry Smith I Robert Youssef, City of Hemet Bob Magee I Natasha Johnson, City of Lake Elsinore Rick Gibbs I Kelly Bennett, City of Murrieta Steve Adams I Andy Melendrez, City of Riverside Ron Roberts I Jeff Comerchero, City of Temecula John F. Tavaglione, County of Riverside, District II Jeff Stone, County of Riverside, District Ill 'P-STAFF r"J,/ Anne Mayer, Executive Director Theresia Trevino, Chief Financial Officer 'P-AREAS OF RESPONSIBILITY r"J,/ Annual Budget Development and Oversight Competitive Federal and State Grant Programs Countywide Communications and Outreach Programs Countywide Strategic Plan Legislation Public Communications and Outreach Programs Short Range Transit Plans RECORDS Comments are welcomed by the Committee. If you wish to provide comments to the Committee, please complete and submit a Speaker Card to the Clerk of the Board. COMM-BI-00015 Tara Byerly From: Tara Byerly Sent: To: Tuesday, October 22, 2013 11 :47 AM Tara Byerly Cc: Jennifer Harmon Subject: RCTC Budget and Implementation Committee -10.28.2013 Importance: High Good afternoon Members of the Budget and Implementation Committee: Attached below is the link to the Budget and Implementation Committee agenda for the meeting scheduled @ 9:30 a.m. on Monday, October 28. http://www.rctc.org/uploads/media items/budget-and-implementation-committee-october-28-2013.original.pdf Please let me know if you have any questions or concerns. Thank you. Respectfully, Tara S. Byerly Senior Administrative Assistant RCTC 4080 Lemon Street, 3rd Floor Riverside, CA 92501 (951) 787-7141 1 • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION BUDGET AND IMPLEMENTATION COMMITTEE www.rctc.org AGENDA* *Actions may be taken on any item listed on the agenda 9:30a.m. Monday, October 28, 2013 BOARDROOM County Administrative Center 4080 Lemon Street, First Floor Riverside, California In compliance with the Brown Act and Government Code Section 54957.5, agenda materials distributed 72 hours prior to the meeting, which are public records relating to open session agenda items, will be available for inspection by members of the public prior to the meeting at the Commission office, 4080 Lemon Street, Third Floor, Riverside, CA, and on the Commission's website, www.rctc.org. In compliance with the Americans with Disabilities Act and Government Code Section 54954.2, if you need special assistance to participate in a Committee meeting, please contact the Clerk of the Board at (951) 787-7141. Notification of at least 48 hours prior to meeting time will assist staff in assuring that reasonable arrangements can be made to provide accessibility at the meeting. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. PUBLIC COMMENTS -Each individual speaker is limited to speak three {3} continuous minutes or less. The Committee may, either at the direction of the Chair or by majority vote of the Committee, waive this three minute time limitation. Depending on the number of items on the Agenda and the number of speakers, the Chair may, at his/her discretion, reduce the time of each speaker to two (2) continuous minutes. Also, the Committee may terminate public comments if such comments become repetitious. In addition, the maximum time for public comment for any individual item or topic is thirty (30) minutes. Speakers may not yield their time to others without the consent of the Chair. Any written documents to be distributed or presented to the Committee shall be submitted to the Clerk of the Board. This policy applies to Public Comments and comments on Agenda Items. Under the Brown Act, the Board should not take action on or discuss matters raised during public comment portion of the agenda which are not listed on the agenda. Board members may refer such matters to staff for factual information or to be placed on the subsequent agenda for consideration. Budget and Implementation Committee October 28, 2013 Page 2 5. APPROVAL OF MINUTES -AUGUST 26, 2013 6. ADDITIONS/REVISIONS (The Committee may add an item to the Agenda after making a finding that there is a need to take immediate action on the item and that the item came to the attention of the Committee subsequent to the posting of the agenda. An action adding an item to the agenda requires 2/3 vote of the Committee. If there are less than 2/3 of the Committee members present, adding an item to the agenda requires a unanimous vote. Added items will be placed for discussion at the end of the agenda.) 7. 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 Pagel Overview This item is for the Committee to: • 1) 2) Receive and file the Single Signature Authority report for the first quarter • ended September 30, 2013; and Forward to the Commission for final action. 8. 2014 STATE TRANSPORTATION IMPROVEMENT PROGRAM RECOMMENDATIONS Page3 Overview This item is for the Committee to: 1) Approve 2014 State Transportation Improvement Program (STIP) programming for Western Riverside County (Western County); 2) Approve the use of Palo Verde Valley STIP funds in accordance with the adopted Memorandum of Understanding (MOU) No. 07-71-028-00 with the city of Blythe (Blythe) for trading Palo Verde Valley STIP funds with 2009 Measure A Western Riverside County Highway funds; 3} Submit Western County projects and Coachella Valley Association of Governments (CVAG) project recommendations to the California Transportation Commission (CTC) by the December 15, 2013 deadline; and 4) Forward to the Commission for final action. • • • • Budget and Implementation Committee October 28, 2013 Page 3 9. AGREEMENT FOR INTEGRATION OF CALTRANS DATA INTO IE511 Pagel Overview This item is for the Committee to: 1) Approve Agreement No. 14-45-049-00 with Knowledge Systems Design (KSD) for integration of Caltrans' data into IE511 through December 31, 2014, in an amount of $88,000 plus a 10 percent contingency, for a total amount not to exceed $96,800; 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; and 3) Forward to the Commission for final action. 10. FISCAL YEAR 2013/14 SB 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM - ADDITIONAL PROJECT Page29 Overview This item is for the Committee to: 1) Approve the partial reallocation of the city of Eastvale's (Eastvale) Scholar Way Sidewalk Accessibility Improvements (Scholar Way) project funding of $144,853 to the city of lndio's (Indio) Jefferson Street Sidewalk (Jefferson Street) project in the amount of $98,500 in the FY 2013/14 SB 821 Bicycle and Pedestrian Facilities Program Call for Projects list; 2) Apply the remaining returned funds of $46,353 to the FY 2014/15 SB 821 Call for Projects; and 3) Forward to the Commission for final action. 11. STATE AND FEDERAL LEGISLATIVE UPDATE Page32 Overview This item is for the Committee to: 1) Receive and file the state and federal legislative update; and 2) Forward to the Commission for final action. 12. COMMISSIONERS/ STAFF REPORT Overview Th_is item provides the opportunity for the Commissioners and staff to report on attended and upcoming meeting/conferences and issues related to Commission activities. Budget and Implementation Committee October 28, 2013 Page4 13. ADJOURNMENT AND NEXT MEETING The next Budget and Implementation Commiitee meeting is scheduled to be held at 9:30 a.m., Monday, November 25, 2013, Board Chambers, First Floor, County Administrative Center, 4080 Lemon Street, Riverside. • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION BUDGET AND IMPLEMENTATION COMMITTEE SIGN-IN SHEET OCTOBER 28, 2013 .NAME AGENCY E_MAIL ADDRESS 5We (-/t't' 11_ I( rl. ..b ~ Coit~ kl/,. ~ lt1t:r?J~ LAIR-f3'\/i,,,G? ;/~ 1/)J A A ~~ ()_,, -'---~ ~}~Ji J/-11 A J?A ( f!/7 I 'Yt:7PJ} ,c1 ,,.:- t ~ ~~ i('/'.Yl.. ·; ~e-r --',)<?'"'A./ « -" .-17 /r <:::::,..~1 ~ ~--.... ·~,-.r~ -~ ,,--\ I\ 'tV- "--"(·~ / ·""\ (~JM.£. --JC.W1 £ cv1 k >~it - /J'7.4-"7% _b~s~ J.-Jv-r-<Oie-; ~ ·' ()..-11 J-"1-, ~L. 7/\5 C~1-tn~ I C;"-7 -/ /?:;? ~'° '1_ A~nJ A ;t id v 41 } _.,., RICK. C-: I ff ?5 11 c,1 fl a 1 f?'T/J RIVERSIDE COUNTY TRANSPORTATION COMMISSION BUDGET AND IMPLEMENTATION COMMITTEE ROLL CALL OCTOBER 28, 2013 County of Riverside, District II County of Riverside, District Ill City of Beaumont City of Ca Ii mesa City of Canyon Lake City of Cathedral City City of Coachella City of Desert Hot Springs City of Hemet City of Indian Wells City of Lake Elsinore City of Murrieta City of Riverside City of Temecula Absent %' D D D D D D D J2{ .9f D D D D • • • AGENDA ITEM 5 MINUTES • • • RIVERSIDE COUNTY TRANSPORT~ TION COMMISSION BUDGET AND IMPLEMENTATION COMMITTEE Monday, August 26, 2013 MINUTES 1. CALL TO ORDER The meeting of the Budget and Implementation Committee was called to order by Chair Ella Zanowic at 9:31 a.m., in the Board Room at the County of Riverside Administrative Center, 4080 Lemon Street, First Floor, Riverside, California, 92501. 2. PLEDGE OF ALLEGIANCE 3 . At this time, Commissioner Roger Berg led the Budget and Implementation Committee in a flag salute. ROLL CALL Members/ Alternates Present Steve Adams Roger Berg Mary Craton Douglas Hanson Steven Hernandez Bob Magee Ron Roberts* Larry Smith Ella Zanowic *Arrived after the meeting was called to order Members Absent Rick Gibbs Scott Matas Greg Pettis Jeff Stone John Tavaglione 4. PUBLIC COMMENTS There were no requests to speak from the public. 5. APPROVAL OF MINUTES-JUNE 24, 2013 M/S/C (Smith/Craton) to approve the minutes of June 24, 2013 meeting as submitted . RCTC Budget and Implementation Committee Minutes August 26, 2013 Page 2 6. ADDITIONS/ REVISIONS There were no additions or revisions to the agenda. 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. M/S/C (Adams/Craton) to approve the following Consent Calendar item(s): 7 A. QUARTERLY FINANCIAL STATEMENTS 1) Receive and file the Quarterly Financial Statements for the period ended June 30, 2013; and 2) Forward to the Commission for final action. 78. SINGLE SIGNATURE AUTHORITY REPORT 1) Receive and file the Single Signature Authority report for the fourth quarter ended June 30, 2013; and 2) Forward to the Commission for final action. 7C. QUARTERLY SALES TAX ANALYSIS 1) Receive and file the sales tax analysis for Quarter 1 (Ql) 2013; and 2) Forward to the Commission for final action. 70. QUARTERLY INVESTMENT REPORT 1) Receive and file the Quarterly Investment Report for the quarter ended June 30, 201; and 2) Forward to the Commission for final action. 8. FISCAL YEAR 2012/13 MEASURE A LOCAL STREETS AND ROADS BUDGET ADJUSTMENT Michele Cisneros, Finance Manager/Controller, presented the budget adjustment for FY 2012/13 expenditures related to Measure A Local Streets and Roads. M/S/C (Craton/Adams) to: 1) Approve a budget adjustment for an increase in FY 2012/13 expenditures related to Measure A local streets and roads allocations; and • • • • • • RCTC Budget and Implementation Committee Minutes August 26, 2013 Page 3 2) Forward to the Commission for final action. 9. COMMERCIAL PAPER PROGRAM AUTHORIZATION AMOUNT Theresia Trevino, Chief Financial Officer, presented Resolution No. 13-021 authorizing a reduction in the Commercial Paper program in the amount of $60 million and authorizing the execution of additional agreements. At this time, Commissioner Ron Roberts joined the meeting. M/S/C (Hanson/Adams) to: 1) 2) Adopt Resolution No. 13-021, "Resolution of the Riverside County Transportation Commission Authorizing, and Ratifying, Confirming and Extending Prior Authorization of, the Issuance and Sale of Commercial Paper Notes, Authorizing a Reduction of the Maximum Aggregate Principal Amount of Such Commercial Paper Notes Permitted to be Outstanding at Any One Time, and Authorizing the Execution and Delivery of an Amended or Supplemented Indenture, Issuing and Paying Agent Agreement, Credit Agreement, Dealer Agreements, and Offering Memorandum, and the Taking of All Other Actions Necessary in Connection Therewith"; and Forward to the Commission for final action. 10. FISCAL YEARS 2014-18 MEASURE A FIVE-YEAR CAPITAL IMPROVEMENT PLANS FOR LOCAL STREETS AND ROADS FOR THE CITIES OF BLYTHE, CALIMESA, COACHELLA, EASTVALE, HEMET, JURUPA VALLEY, MENIFEE, MURRIETA, NORCO, AND WILDOMAR Grace Alvarez, Senior Staff Analyst, presented the annual Measure A Five-Year Capital Improvement Plans (CIP) for the cities of Blythe, Calimesa, Coachella, Eastvale, Hemet, Jurupa Valley, Menifee, Murrieta, Norco, and Wildomar for FYs 2014-18. Anne Mayer, Executive Director, noted questions were raised by the public at previous Commission meetings and stated the Commission's role in the approval of the CIPs is to apply the criteria in terms of eligibility. Staff does not review, prioritize, or reject the specific projects brought forward by each city. It is the city's responsibility to do so. M/S/C (Craton/Hanson) to: 1) Approve the FYs 2014-18 Measure A Five-Year Capital Improvement Plans (CIPs) for Local Streets and Roads (LSR) for the cities of Blythe, Calimesa, Coachella, Eastvale, Hemet, Jurupa Valley, Menifee, Murrieta, Norco, and Wildomar as submitted; and ------------------------------~ RCTC Budget and Implementation Committee Minutes August 26, 2013 Page 4 2) Forward to the Commission for final action. 11. 2009 MEASURE A MAINTENANCE OF EFFORT BASE YEAR APPROVAL FOR CITY OF MENIFEE Eric DeHate, Staff Analyst, presented the 2009 Measure A Maintenance of Effort (MOE) base year level amount for the city of Menifee. M/S/C (Hernandez/Adams) to: 1) Approve the 2009 Measure A Maintenance of Effort (MOE) base year level of $214,225 for the city of Menifee (Menifee); and 2) Forward to the Commission for final action. 12. FEDERAL SURFACE TRANSPORTATION PROGRAM 2013 CALL FOR REHABILITATION PROJECTS -ADDITIONAL PROJECT PROGRAMMING Grace Alvarez provided an overview for programming of Federal Surface Transportation Program (STP) funds for the city of Beaumont's gth Street pavement rehabilitation project request. In response to Commissioner Douglas Hanson's question why the city of Indian Wells (Indian Wells) did not submit an application and which city staff member was in contact with the Commission, Grace Alvarez replied she believes due to the small amount of available funding and the lengthy federal process, city staff chose not to apply. The city staff contact is the public works director for this call for projects. Commissioner Hanson stated Indian Wells does not currently have a public works director and will not have one for another few weeks and asked what he can do on behalf of Indian Wells to get this moving. Grace Alvarez stated Indian Wells staff can contact her or Shirley Medina. M/S/C (Roberts/Adams) to: 1) Approve programming federal Surface Transportation Program (STP) funds for pavement rehabilitation projects in the amount of $219,989 as presented; and 2) Forward to the Commission for final action. • • • • • • RCTC Budget and Implementation Committee Minutes August 26, 2013 Page S 13. 2014 STATE TRANSPORTATION IMPROVEMENT PROGRAM INTRA-COUNTY FORMULA ADJUSTMENT 14. 15. Shirley Medina, Planning and Programming Director, presented the 2014 State Transportation Improvement Program intra-county formula adjustment. In response to Commissioner Hanson's question if the range for the Coachella Valley is consistent with previous years, averaging between 23 and 27 percent, Shirley Medina replied it is consistent. Theresia Trevino added the Coachella Valley area percentages ranged from about 24-26 percent at any particular time for the past 24 years. Western County is usually 74-75 percent, but lately Western County has a larger share and Coachella Valley share has been slightly lower. M/S/C (Adams/Hanson) to: 1) Approve the 2014 State Transportation Improvement Program (STIP) intra-county formula percent adjustment; and 2) Forward to the Commission for final action . FISCAL YEAR 2013/14 ANNUAL LOCAL TRANSPORTATION FUND PLANNING ALLOCATIONS TO WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS AND COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS Grace Alvarez presented the FY 2013/14 Local Transportation Fund planning allocations to Western Riverside Council of Governments and Coachella Association of Governments. M/S/C (Roberts/Craton) to: 1) Approve an allocation of Local Transportation Fund (LTF) planning funds in the amount of $598,100 to the Western Riverside Council of Governments (WRCOG) and $326,300 to the Coachella Valley Association of Governments (CVAG) to support transportation planning programs and functions as identified in each agency's FY 2013/14 LTF Program Objectives/Work Plan (Work Plan); and 2) Forward to the Commission for final action. REQUEST TO DECLARE REAL PROPERTY AS SURPLUS Will Von Klug, Right of Way Manager, presented the request to declare real property surplus . RCTC Budget and Implementation Committee Minutes August 26, 2013 Page 6 M/S/C (Adams/Berg) to: 1) Declare as surplus the real property in the areas of the 60/91/215 interchange, State Route 74, and former alignment of the Mid County Parkway (MCP) near Cajalco Road, included in the attached maps; 2) Authorize the Executive Director to notify public agencies, and contiguous land owners for two of the properties on SR-74, pursuant to Government Code 54220 et.seq, the properties are available; 3) If no response is received, authorize the Executive Director to offer the surplus properties for sale to the public; and 4) Forward to the Commission for final action. 16. MEMORANDUMS OF UNDERSTANDING WITH THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS FOR THE FEDERAL TRANSIT ADMINISTRATION'S SECTION 5337 STATE OF GOOD REPAIR AND SECTION 5339 BUS AND BUS FACILITIES GRANT PROGRAMS Martha Durbin, Staff Analyst, presented the memorandums of understanding with the Southern California Association of Governments for the Federal Transit Administration's Section 5337 State of Good Repair and Section 5339 Bus and Bus Facilities grant programs. M/S/C (Adams/Berg) to: 1) Approve Memorandum of Understanding (MOU) No. M-015-13 with the Southern California Association of Governments (SCAG) for the Section 5337 State of Good Repair grant program; 2) Approve MOU No. M-016-13 with SCAG for the Section 5339 Bus and Bus Facilities grant program; and 3) Forward to the Commission for final action. 17. STATE AND FEDERAL LEGISLATIVE UPDATE Aaron Hake, Government Relations Manager, presented an overview of federal and state legislative activities. Anne Mayer referred to the section of law known as 13{c), noting the Riverside Transit Agency (RTA) anticipates a funding loss of $31 million as a result of the protest filed on the grants that were awarded to RTA. There are sufficient reserves at this time to ensure RT A's approved budget is implemented. She expressed if this issue is not resolved in the very near term, RTA will make adjustments to service. She then discussed the Commission and RTA's efforts to bring attention to this serious issue. • • • • • • RCTC Budget and Implementation Committee Minutes August 26, 2013 Page 7 M/S/C (Craton/Adams) to: 1) Receive and file an update on state and federal legislation; and 2) Forward to the Commission for final action. 18. COMMISSIONERS/ EXECUTIVE DIRECTOR REPORT 18A. Anne Mayer announced the eastbound widening between the 60/91/215 interchange and Martin Luther King Boulevard will open to traffic on August 30. 19. ADJOURNMENT AND NEXT MEETING There being no further business for consideration by the Budget and Implementation Committee, the meeting was adjourned at 10:15 a.m. The next meeting of the Budget and Implementation Committee is scheduled for September 23, 2013, at 9:30 a.m. Respectfully submitted, Jennifer Harmon Clerk of the Board • AGENDA ITEM 7 A • • • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: TO: FROM: THROUGH: SUBJECT: October 28, 2013 Budget and Implementation Committee ~~~~~~~~~~~~~~~~~-----11 Marla Dye, Procurement Analyst Matt Wallace, Procurement Manager ~~~~~~~~~~~~~~~~~--11 Theresia Trevino, Chief Financial Officer ~~~~~~~~~~~~~~~~~----u Single Signature Authority Report STAFF RECOMMENDATION: This item is for the Committee to: 1) Receive and file the Single Signature Authority report for the first quarter ended September 30, 2013; and 2) Forward to the Commission for final action. BACKGROUND IN FORMATION: Certain contracts are executed under single signature authority as permitted in the Commission's Procurement Policy Manual adopted in December 2012. The Executive Director is authorized to sign services contracts that are less than $100,000 individually and in an aggregate amount not to exceed $1 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 executed for the first quarter ended September 30, 2013, under the single signature authority granted to the Executive Director. The unused capacity of single signature authority for services at September 30, 2013 is $950,000. Attachment: Single Signature Authority Report as of September 30, 2013 . Agenda item 7A 1 • CONSULTANT AMOUNT AVAILABLE July 1, 2013 Green Com, Inc. Southern California Regional Rail Authority Corner Stone Right of Way AMOUNT USED AMOUNT USED • SINGLE SIGNATURE AUTHORITY AS OF SEPTEMBER 30, 2013 DESCRIPTION OF SERVICES Public outreach services on the 1·215, Blaine St. to MLK Blvd Project Switching Passenger Train Traffic at Pachappa Crossing over SR-91 HOV Project Relocation Appeal Hearing Officer Services ORIGINAL CONTRACT AMOUNT $1,000,000.00 10,000.00 30,000.00 10,000.00 50,000.00 AMOUNT REMAINING through September 30, 2013 50,000.00 $950,000.00 None Marla Dye Prepared by Agreements that fall under Public Utilities Code 130323 (C) N/A Theresia Trevino Reviewed by· ··· Note: Shaded area represents new contracts listed in the first quarter. 2 $ PAID AMOUNT 4,399.46 0.00 0.00 $ $ • REMAINING CONTRACT AMOUNT 5,600.54 30,000.00 10,000.00 I I e AGENDA ITEM 8 • • • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: October 28, 2013 TO: Budget and Implementation Committee FROM: Shirley Medina, Planning and Programming Director THROUGH: John Standiford, Deputy Executive Director SUBJECT: 2014 State Transportation Improvement Program Recommendations STAFF RECOMMENDATION: This item is for the Committee to: 1) 2) 3) Approve 2014 State Transportation Improvement Program (STIP) programming for Western Riverside County (Western County); Approve the use of Palo Verde Valley STIP funds in accordance with the adopted Memorandum of Understanding (MOU) No. 07-71-028-00 with the city of Blythe (Blythe) for trading Palo Verde Valley STIP funds with 2009 Measure A Western Riverside County Highway funds; Submit Western County projects and Coachella Valley Association of Governments (CVAG) project recommendations to the California Transportation Commission (CTC) by the December 15, 2013 deadline; and 4) Forward to the Commission for final action. BACKGROUND INFORMATION: The STIP is a five-year program of projects that is updated every two years outlining the commitment of transportation funds for highways, rail operations, mass transportation, and local roads. Caltrans is required to prepare a STIP Fund Estimate (FE), which is an estimate of all resources available over the next five-year period, FY 2014/15 through 2018/19. The 2014 STIP FE establishes funding levels for the STIP and also the State Highway Operation and Protection Program (SHOPP). STIP funds are allocated into two broad programs -the Regional Improvement Program (RIP) receives 75 percent of the total STIP funds, and the remaining 25 percent is directed to Caltrans for its Interregional Improvement Program (llP). The 75 percent RIP funding is further subdivided by formula into county shares. County shares are available solely for projects nominated by regions. The 2014 STIP new programming capacity for Riverside County is $66.8 million. Per the Commission's STIP intra county formula, STIP funds are allocated to Western County, Coachella Valley, and the Palo Verde Valley based on taxable sales. The geographic area percentages of taxable sales were previously approved at its September 2013 Commission meeting, and depicted the following funding distribution of STIP funds: Agenda Item 8 3 Total Riverside County Share Less: 2% PPM Total New Project Programming 2014 STIP Western County 75.17% Coachella Valley 24.12% Palo Verde Valley 0.71% 2014 STIP Proposed Project Programming $ 66,804,000 (1,336,080) $ 65,467,920 $ 49,212,236 15,790,862 464,822 Western County projects are nominated by Commission staff, and CVAG nominates its projects and notifies Commission staff for final concurrence and submittal to the CTC. Palo Verde Valley projects are nominated by Blythe; however, given the minor amount of funding and complexity in processing these funds, MOU No. 07-71-028-00 between the Commission and Blythe was executed on November 14, 2006, stipulating that future STIP intra county formula funds designated for the Palo Verde Valley would be traded with Measure A Western Riverside County Highway funds. Therefore, the total new STIP programming capacity for Western County projects is $49,677,058. In addition, STIP guidelines allow up to 5 percent of funding for Planning, Programming, and Monitoring (PPM) activities. The Commission's policy is to set aside 2 percent for PPM, which is indicated above. Western County STIP Programming Recommendation Staff recommends STIP funding for the construction phase for the following projects: Lead Agency Project Temecula 1-15/French Valley Parkway Interchange Caltrans SR-60 Truck Climbing Lane Caltrans "B" Canyon Wildlife Crossing Caltrans 1-215 Southbound Connector Total Interstate 15/French Valley Parkway Interchange: STIP Funding $10,000,000 $27,600,000 $ 3,100,000 $ 8,975,000 $49,675,000 Fiscal Vear 2015/16 2015/16 2017/18 2018/19 This project is currently programmed in the 2012 STIP for $31.5 million. To complete the funding gap, an additional $10 million in construction funding is recommended for programming in FY 2015/16. State Route 60 Truck Climbing lane: The SR-60 Truck Climbing Lane project is identified in the 2009 Measure A Expenditure Plan and will construct new eastbound and westbound truck lanes from Gilman Springs Road to 1.6 miles west of Jack Rabbit Trail. Construction is currently estimated at $95 million. Caltrans Agenda Item 8 4 • • • • committed SHOPP funding in the amount of $33 million and is currently working on the project approval & environmental document (PA&ED) phase. Staff recommends programming $27.6 million of STIP in FY 2015/16. An additional $34.4 million will likely be funded with federal Congestion Mitigation and Air Quality (CMAQ) funds and additional state funds. "B" Canyon Wildlife Crossing: The Commission approved federal Transportation Enhancement (TE) funds for the "B" Canyon wildlife crossing project at its September 2011 meeting. The project is needed to address north-south wildlife movement in the Corona area and improvements will be made to an existing culvert under SR-91 east of the Green River Road interchange providing a connection between the Cleveland National Forest with the Santa Ana River, Chino Hills State Park, and Prado Basin, creating a critical wildlife crossing in the area. Prior to the current federal funding authorization, Moving Ahead for Progress in the 21 51 Century (MAP-21), TE funds were administered by the CTC through the STIP. Due to restructuring of the TE program, now known as the Transportation Alternatives Program (TAP) and the recent passage of SB 99 establishing the Active Transportation Program (ATP), which eliminates the TE program in the STIP, staff is recommending STIP funding to replace the former TE funds. Caltrans will be the lead agency and has also committed to contributing funds to this project. Construction is anticipated to commence upon completion of the SR-91 Corridor Improvement Project in FY 2017 /18. • 1-215 Southbound Connector: • This project will extend the third lane recently constructed by the Commission in the southbound direction from Murrieta Hot Springs Road to the 1-15/French Valley Parkway interchange project. Caltrans has agreed to fund $1 million of SHOPP funds toward this project and is performing the remaining work on the PA&ED and plans, specifications & estimate {PS&E) phases. At this time, the 1-15/French Valley Parkway interchange project is estimated to complete construction in January 2018. Therefore, the schedule for this project anticipates being ready for construction immediately following the completion of the 1-15/French Valley Parkway interchange project. Staff recommends programming $8,975,000 in FY 2018/19. Coachella Valley STIP Programming Recommendation CVAG approved its STIP programming recommendation for its share of approximately $15.8 million of STIP funding at its October 7, 2013, Transportation Committee meeting and includes the following two projects: Lead Agency Project County of Riverside 1-10/Jefferson Interchange Improvement CV Link CVAG Agenda Item 8 5 STIP Funding $13,800,000 $ 2,000,000 Fiscal Vear 2015/16 2017/18 I 1-10/Jefferson Interchange: This project is a high priority project in CVAG's Transportation Project Prioritization Study and is currently programmed in the 2012 STIP for $19.5 mjllion. The addition of $13.8 million increases the STIP share to $33.3 million. CV Link: The CV Link is a prime example of the type of projects SB 99 intends to fund through the ATP and also qualifies for MAP-21 TAP funds. The 2014 STIP Guidelines indicates the need for STIP projects to be consistent with the goals of the Regional Transportation Plan/Sustainability Communities Strategy. CVAG is proposing $2 million of STIP funding for the construction component of the initial segment. 2014 STIP Submittal The 2014 STIP submittals are due to the CTC on December 15, 2013. The submittal requires various forms and reports that will include the involvement of Caltrans, project sponsors and consultants, and the Southern California Association of Governments. The CTC is scheduled to adopt the 2014 STIP in March 2014. • The financial impact of this item only relates to the swapping of Palo Valley Verde STIP allocation with Measure A funds in accordance with the MOU between Blythe and the Commission. The MOU also requires Blythe to amend its five-year Measure A Local Streets and Roads Capital Improvement Plan to include the projects that will be funded through this STIP • trade. Financial Information I In Fiscal Year Budget: I N/A Year: I FY 2014/15 + Amount: I $464,822 Source of Funds: 12009 Measure A Western County Highway funds Budget Adjustment: I N/A GL/Project Accounting No.: 003994 81301 262 31 81301 Fiscal Procedures Approved: ~~ I Date: I 10/21/13 • Agenda Item 8 6 2014 State Transportation Improvement Program r 20 August 2013: CTC adopted the 2014 STIP Fund Estimate (FE) STIP FE: 5-year estimate of all available resources for the state's transportation infrastructure 2014 STIP: Covers fiscal years 2014/15 through 2018/19, programming capacity is in last two years 2 Programs: State Highway Operations Protection Plan (SHOPP) State Transportation Improvement Program (STIP) The STIP consists of 2 funding pots: 75 percent Regions (RIP), 25 percent Caltrans (llP) Riverside County's 2014 STIP-RIP share is $66.8 million 10/28/2013 1 10-year STIP Funding History for Riverside County: 2004 STIP -$ 2 million (2003 State budget crisis) 2006 STI P -$ 167 million (Prop 1 B) 2008 STIP -$ 0 2010 STIP -$ 0 2012 STIP -$ 90 million 2014 STIP -$ 66.8 million STIP funding relies on retail prices and consumption of gasoline and diesel, which continues to remain unstable ... Prior STIP programming decisions have been based on the likelihood of receiving allocations. When allocation capacity has been limited (e.g. state budget crisis, recession, etc.) the CTC has given priority to: -Safety projects -On system (state highway) projects Staff recommendations are geared towards state highway projects to best position these projects to receive allocations when scheduled. Given the new emphasis on Active Transportation at the regional, state and federal levels, bicycle, pedestrian, and non-motorized transportation projects are also now encouraged by the State for STIP funding. 10/28/2013 2 Per the Commission's 1998 STIP Intra-county MOU, STIP funds are allocated to Western County, Coachella Valley, and Palo Verde Valley based on taxable sales and adjusted for each STIP cycle. The distribution/percent adjustment was approved at the September 2013 Commission meeting. Total Riverside County Share Less: 2% PPM 2014 STIP Total New Project Programming Western County 75.17% Coachella Valley 24.12% *Palo Verde Valley 0.71% $66,804,000 (1,336,080) $65,467,920 $49,212,236 15,790,862 464,822 RCTC's STIP programming capacity for Western County: RCTC's Recommended Programming for Western County Projects: Lead Agency Temecula Caltrans/RCTC Caltrans/RCTC Caltrans/RCTC Project 1-15/French Valley Pkwy IC SR-60 Truck Climbing Lane "B" Canyon Wildlife Crossing 1-215 Southbound Connector Total STIP Funding $10,000,000 $27,600,000 $ 3,100,000 $ 8,975,000 $49,675,000 $49,677,000 Fiscal Year 2015/16 2015/16 2017/18 2018/19 10/28/2013 3 1-15/French Valley Parkway Interchange ($10 million): Programmed in current STIP, $31.5 million Adding $10 million to complete construction funding SR-60 Truck Climbing Lane ($27.6 million): 2009 Measure A project Caltrans contributing $33 million in SHOPP funds "B" Canyon Wildlife Crossing ($3.1 million): Mitigation of transportation impacts along SR-91 corridor Commission previously approved $3.1 million in federal TE funds, however, MAP-21 discontinued TE program 1-215 Southbound Connector ($8.975 million): Connect Commission's 1-215 South widening project (Scott-MHS) to 1-15 Caltrans contributing $1 million in SHOPP funds Construction of connector following completion of 1-15/French Valley Pkwy IC CVAG's STIP programming capacity for Coachella Valley: $15, 791,000 CVAG's recommended programming for Coachella Valley: 1-1 Of Jefferson Interchange ($13.8 million): Programmed in current STIP, $19.5 million High priority project in CVAG's TPPS CV Link ($2 million): Consistent with SB 99, Active Transportation Program, MAP-21 TAP, and SCAG RTP/SCS Regionally significant 10/28/2013 4 Proceed with preparing the STIP submittal package including: 1) Completing project programming request forms for each project, identifying project descriptions, schedule, milestones, and funding 2) Preparing a report comparing the Commission's proposed projects with Caltrans state highway project needs 3) A report demonstrating how projects meet goals of the RTP 4) Performance measure reports, qualitative and quantitative, for projects that have more than $20 million of STIP funds 2014 STIP submittal is due December 15, 2013. CTC adopts STIP in March 2014. 1) Approve 2014 STIP programming for Western Riverside County; 2) Approve the use of Palo Verde Valley STIP funds in accordance with the MOU with city of Blythe; 3) Submit 2014 STIP project recommendations (Western County and Coachella Valley) to the CTC by December 15, 2013; and 4) Forward to the Commission for final action. 10/28/2013 5 • AGENDA ITEM 9 • • • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: October 28, 2013 TO: Budget and Implementation Committee FROM: Robert Yates, Multimodal Services Director THROUGH: John Standiford, Deputy Executive Director SUBJECT: Agreement for Integration of Caltrans Data into IE511 STAFF RECOMMENDATION: This item is for the Committee to: 1) Approve Agreement No. 14-45-049-00 with Knowledge Systems Design (KSD) for integration of Caltrans' data into IE511 through December 31, 2014, in an amount of $88,000 plus a 10 percent contingency, for a total amount not to exceed $96,800; 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; and 3} Forward to the Commission for final action . BACKGROUND INFORMA T/ON: IE511 is the Commission's web and phone based traveler information service developed in partnership with San Bernardino Associated Governments (SANBAG) for the purposes of providing real time freeway information along with alternative commute information such as transit trip planning, park and ride lot locator, veteran's transportation, specialized transit access, and ridesharing/vanpooling opportunities. To date, IE511 experienced over 2 million unique web visits, 1 million phone calls, and over 20,000 downloads of the companion mobile app for Apple and Android based smart phones. This type of constituent use proves the viability of the service, as well as the fact that quality traveler and mobility information is in high demand. DISCUSSION: Staff is constantly updating both content and the graphical interface of IE511 as it appears on the website and earlier this year, implemented a complete overhaul of the companion IVR telephone system. This allows IE511 to continue to be an up to date, useful, and relevant source of information . Agenda Item 9 7 Recently, Caltrans District 8 entered into a partnership with Nokia wherein Nokia would supply • cell phone probe data as a traffic congestion source for freeways in Riverside and San Bernardino Counties where detection data is available, freeways where currently there is no detection infrastructure available, and, lastly, on important state routes in both counties that typically never have any detection infrastructure. Since IE511 relies on Caltrans detection infrastructure for its real time freeway conditions map, this partnership between Caltrans and Nokia represents an opportunity for the Commission to expand the capabilities of IE511. Filling such gaps of information and expanding the capabilities of IE511 would represent a significant benefit to Riverside and San Bernardino County constituents who rely on IE511 to help them manage their commutes. Additionally, with the imminent construction of the SR-91 Corridor Improvement Project along with the current construction of the SR-91 High Occupancy Vehicle Lane project and the 1-215, the Nokia data overlaid onto IE511 will allow travelers to have a better understanding of freeway conditions where traditional detection is compromised due to construction activities. NEXT STEPS: Since the Nokia data is cell phone based and in order for the Commission to access this new data source, it is necessary to augment the programming language used by Caltrans for its Advanced Traffic Management System (ATMS) and IE511 for the dissemination of traffic data. Caltrans has very strict rules and limitations regarding access to its computerized ATMS. Accordingly, staff is requesting Commission approval to utilize Caltrans' dedicated integration • consultant, KSD to perform the necessary software modification and integration processes so the new data can be utilized by IE511. KSD worked closely with Caltrans to develop the scope of work and cost proposal necessary for accommodating IE511 and a sole source justification for KSD has been provided in accordance with the Commission's Procurement Policy Manual. The KSD proposal for the completion of the work is $88,000. Staff added a 10 percent contingency in order to accommodate exigent circumstances. Upon Commission approval, staff will schedule a project kick off conference with both KSD and 08, as well as our IE511 partner, SANBAG, which also agreed to a funding split of 50/50 for the agreement with KSD. It is estimated that it will take approximately 15-20 weeks to program the software, test it, and deploy the new data feed onto the IE511 traffic map. A copy of the expanded coverage map is attached for reference. Financial Information In Fiscal Year Budget: I Yes Year: I 2013/14 Amount: I $96,800.00 Source of Funds: 'SAFE Budget Adjustment: I No GL/Project Accounting No.: 202 45 65520 452124 $48,400 202 45 65520 452131 $48,400 Fiscal Procedures Approved: ~~ I Date: I 10/21/13 Agenda Item 9 8 • • Attachments: 1) Draft KSD Agreement No. 14-45-049-00 2) Riverside-San Bernardino-Ontario, CA Coverage ":'lap • • Agenda Item 9 9 • • • ATTACHMENT 1 Agreement No. 14-45-049-00 RIVERSIDE COUNTY TRANSPORTATION COMMISSION AGREEMENT FOR IE 511 SOFTWARE MODIFICATION AND INTEGRATION SERVICES WITH KNOWLEDGE SYSTEMS DESIGN, INC. 1. PARTIES AND DATE. This Agreement is made and entered into this_ day of , 2013, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("the Commission") and KNOWLEDGE SYSTEMS DESIGN, INC. ("Consultant"), a California Corporation. 2. RECITALS. 2.1 Consultant desires to perform and assume responsibility for the provision of certain professional consulting services required by Commission on the terms and conditions set forth in this Agreement. Consultant represents that it is a professional consultant, experienced in providing software modification and integration services to public clients, is licensed in the State of California, and is familiar with the plans of Commission. 2.2 Commission desires to engage Consultant to render certain consulting services for the software modification and integrations of the IE 511 system ("Project") as set forth herein. 3. TERMS. 3.1 General Scope of Services. Consultant promises and agrees to furnish to Commission all labor materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately provide professional consulting services and advice on various issues affecting the decisions of Commission regarding the Project and on other programs and matters affecting Commission, hereinafter referred to as "Services". The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state, and federal laws, rules and regulations . 17336.00000\7415357.2 10 3.2 Term. The term of this Agreement shall be from the date first • specified above to December 31, 2014, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. 3.3 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, the Gommission shall respond to Consultant's submittals in a timely manner. Upon request of the Commission, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. · · ·· 3.4 Independent Contracto.r; Control and Payment of Subordinates. The Services shall be performed by Consultant under its supervision. Consultant will determine the means, method and details of performing the Services subject to the requirements of this Agreement. . Commission r~Jain.s Consultant on a.r::i independent contractor basis and Consultant is not an employ~~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 .• ~ecurity,•;taxes;, in<:;ome 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 of Commission. 3.6 Substitution of Key Personnel. Consultant has represented to Commission that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence and experience upon written approval of Commission. In the event that Commission and Consultant cannot agree as to the substitution of key personnel, Commission shall be entitled to terminate this Agreement for cause, pursuant to provisions of Section 3.16 of this Agreement. The key personnel for performance of this Agreement are as follows: 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"). Commission's 17336.00000\7415357.2 2 11 • • • • representative shall have the power to act on behalf of Commission for all purposes under this Agreement. Consultant shall not accept direction from any person other than Commission's Representative or his or her designee. 3.8 Consultant's Representative. Consultant hereby designates [__INSERT NAME OR TITLE_], or his or her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his or her best skill . and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.9 Coordination of Services. Consultant·agrees to work closely with Commission staff in the performance of Services and shall be available to Commission's staff, consultants and other staff at all reasonable times. 3.10 Standard of Care; Licenses. Consultant shall perform the Services under this Agreement in a skillfuland compete'fit matlrfor, consistent WiJh the standard generally recognized as being employed by professionals in the same discipline in the State of California. Consultant repre~ents and maintains that it is skilled in the professional calling necessary to perforii!{ithe Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them: Finally, Consultant represents that it, its employees and subcontractors have .all licenses, permits, qualificati.ons 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, a,t it~ own cost and expense:and without reimbursement from Commission, any Service$l:iecessar)f to. correct errors 6r omissions which are caused by the Consultant's failure1;¥~tl> comply with the standard of care provided for herein, and shall be fully respon!slple to the Commission for all damages and other liabilities provided for in the indemnification provisions of this Agreement arising from the Consultant's errors and omissions. 3.11 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all 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 . 17336.00000\7415357.2 3 12 3.12 Insurance. 3.12.1 Time for Compliance. Gonsultant shall not commence work under this Agreement until it has provided evidence satisfactory to the Commission that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. 3.12.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration. of the Agreement. Such insurance shall meet at least the following minimum levels ofcoverage: (A) Minimum. Scope of Insurance. ·. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial Gen,~ral Liability coverage (occurrence form.CG 0001); (2) Automobile Liability: Insurance Services Office Bu~itiess Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (B) "'' Minimum Limits of . Insurance. Consultant shall maintain limits no less than: (1Y'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 aggtegat~ limit is used, either the general aggregate limit shall apply· separately to tfiis Agreemeht/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) if Consultant has an employees, Workers' Compensation and Employe_r's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Practices Liability limits of $1,000,000 per accident. 3.12.3 Professional Liability. 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 per claim. 3.12.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the Commission to add the following provisions to the insurance policies: 17336.00000\7415357.2 4 13 • • • • • • (A) General Liability. The general liability policy shall be endorsed to state that: (1) the Commission, its directors, officials, officers, employees and agents shall be covered as additional insureds with respect to the Services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the Commission, its directors, officials, officers, employees and agents, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self- insurance maintained by the Commission, its directors, officials, officers, employees and agents shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (B) Automobile Liability. Ille automobile liability policy shall be endorsed to state that: (1) the Commission, ifs .directors, officials, officers, employees and agents shall be covered as additional insdreds 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 primacy insurance as respects· the Commission, its directors, officials, officers, employees and agents.~)(jf if excess, snail stand in an unbroken chain of coverage excess*.:c>f the Consultant's'·scheduled underlying coverage. Any insurance or self-insurance fi'i:~intained by the C'.;ommission, its directors, officials, officers, employees and agents shall be excess of the;Consultant's insurance and shall not be called upon to contribute with it .in any way . (C)~ · Workers' Compensation and Employers Liability Coverage. The insurer shall '.agree to W~ive all righti of subrogation against the Commission, its directors, officials, officer~; .employees and agents for losses paid under the. terms of the insurance . policy which arise from work performed by the Consultant. · ·· · ·· (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Commission; and, (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the Commission, its directors, officials, officers, employees and agents. 3.12.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Commission. If the Commission does not approve the deductibles or self-insured retentions as presented, Consultant shall guarantee that, at the option of the Commission, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Commission, its directors, officials, officers, employees and agents; or, (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses . 17336.00000\7415357.2 5 14 3.12.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less th?n A:Vlll, licensed to do business in California, and satisfactory to the Commission. 3.12. 7 Verification of Coverage. Consultant shall furnish Commission with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the Commission. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates. and endorsements must be received and approved by the Commission before work}Jornmences. The Commission reserves the right to require complete, certified copies of all required insurance policies, at any time. "f:, ,,','f • 3.13 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person 9r1jWoperty. In carr"Ylng, out its Services, the Consultant shall at all times be in complianc~,with all applicable' focal, state and federal laws, rules and regulations, and shall exercise all nece?.~ary precautions for the safety of employees appropriate to the l]~ture of the W()J;.~ a~d''.the conditions ci.li),der which the work is to be performed. Safety .pre~aytions as appfi~able shall include, out shall not be limited to: (A) adequate life protection aQd life saviifg equipment and procedures; (B) instructions in accident prevention for ans'~mployees and: subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, 9~n~ planks, confined space procedures, trenching andshoring, equipment and other safety devices, equipment and • wearing apparel as are necess~ry or lavitfully'requiredjo prevent accidents or injuries; and (C) adequate facilities for 'the prop~~ inspection and maintenance of all safety measures. 3.14 Fees and';payment. 3.14.1 Compensation. Consultant shall receive compensation, including authorized reimbursements,,Jor all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto. The total compensation shall not exceed Eighty.:.Eight Thousand Dollars ($88,000), without written approval of Commission's Executive Director ("Total Compensation"). 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 amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. Commission shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 17336.00000\7415357.2 6 15 • • • • 3.14.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by Commission. 3.14.4 Extra Work. At any time during the term of this Agreement, Commission may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by Commission to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from Commission's Executive Director. 3.15 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and. expenses incurred and fees charged under this Agreement. All such records shalt be dearly ·id.entifiable. Consultant shall allow a representative of Commission during dOrmal business hours to examine, audit, and make transcripts or copies of such .. Jecords 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 ofAgreement. ' : ·'~"\ 3.16.1 Grounds for Termination. Commission may, by written notice to Consultant, te'rminate the whole or any part of this Agreement at any time and without cause by giving writtennotice to Constiltant of such termination, and specifying the effective date thereof. Upon terminati0n;"consultantshall be compensated only for those services which have been fully and adequately rendered to Commission through the effective date of the .. te.rmination; and Consultant shall be entitled to no further compensation. Consu.ltant may not terminate thi~ Agreement except for cause. 3.16.2 Effect of Termination. If this Agreement is terminated as provided herein, Commission may require Consultant to provide all finished or unfinished Documents and Data, as defined below, and other information of any kind prepared by Con?ultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.16.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, Commission may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.17 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: 17336.00000\7415357.2 7 16 -------------------------~ CONSULTANT: Knowledge Systems Design, Inc. 13595 Quaker Hill Cross Rd. Nevada City, CA 95959 Attn: ------- COMMISSION: Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, CA 92501 Attn: Executive Director Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address.· Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.18 Ownership of Materials/Confidentiality. 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 'JVOrks of authorship fixed in any tangible medium of expression, JO:<;fuding but not limited to, physical drawings or data magnetically or otherwise record.~d on computer •(lliskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). • Cqnsulf~r:it shall require all subcontractors to agree in writing that • Commission is grqnt~d an expJusive and perpetual license for any Documents & Data the subcontractor prepares un(Jg·r this Agr~ement. ,(;;, ·,,;,:·: ' ~~,'Jt . . Conse,iUant!tepte1?ents and warrants that Consultant has the legal right to granfthe e~.clusive ;and perpetual license for all such Documents & Data. Consultant makes n61$uch representation and warranty in regard to Documents & Data which wer:e 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, enhancements, documents, and any and all works of authorship fixed in any tangible medium or expression, including but not limited to, physical drawings or other data magnetically or otherwise recorded on computer media ("Intellectual Property") prepared or developed by or on behalf of Consultant under this Agreement as well as any other such Intellectual Property prepared or developed by or on behalf of Consultant under this Agreement. 17336.00000\7415357.2 8 17 • • • • The Commission shall have and retain all right, title and interest in Intellectual Property developed or modified under this Agreement whether or not paid for wholly or in part by Commission, whether or not developed in conjunction with Consultant, and whether or not developed by Consultant. Consultant will execute separate written assignments of any and all rights to the above referenced Intellectual Property upon request of Commission. Consultant shall also be responsible to obtain in writing separate written assignments from any subcontractors or agents of Consultant of any and all right to the above referenced Intellectual Property. Should Consultant, either during or following termination of this Agreement, desire to use any of the above-referenced Intellectual Property, it shall first obtain the written ~pproval of the Commission. All materials and docum~nts 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 prop;erty of the"Consultant. However, unless otherwise identified and stated prior to exeoutiOl'Jy.•Ol this Agreement, Consultant represents and warrants that it hasthe right to gr?:lbt,~t~~ exclusive and perpetual license for all such Intellectual Property as 1provided 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 ttre .. basis orfoundation for any derivative, collective, insurrectional, or suppl,emental work·created under this Agreement. . . " 3.18'.3 ConfideiritialiJv. All ideas, memoranda, specifications, plans, procedures;y'<ff~Nvii;Jgs, descripJions, com·puter program data, input record data, written information, and other Docume:nts and Data either created by or provided to Consultant in connection with the performahce of this Agreement shall be held confidential by ConsultanL:.Such materials shall not, without the prior written consent of Commission, be used by Consultant for any purpos'es 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. Should Consultant receive a subpoena or court order related to this Agreement, the Services or the Project, Consultant shall immediately provide written notice of the subpoena or court order to the Commission in order to allow the Commission to pursue legal remedies designed to limit any confidential information required to be disclosed or to assure the confidential treatment of the information 17336.00000\7415357.2 9 18 following disclosure. Consultant shall not respond to any such subpoena or court order until notice to the Commission is provided as required herein, and shall cooperate with the Commission in responding to the subpoena or court order. 3.18.4 Infringement Indemnification. Consultant shall defend, indemnify and hold the Commission, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by Commission of the Docun;ients & Data, including any method, process, product, or concept specified or depicted. 3.19 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenien.t to attain the purp9ses of this Agreement. 3.20 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of br ii) connection with this Agreement, the prevailing party in such litigation .shall be entitled. to have and recover from the losing party reasonable attorney's fees and costs of such actions. • 3.21 Indemnification. Consultant shall defend, indemnify and hold the Commission, its directors, officials, officers, agents, consultants, employees and volunteers free and harmless from any and all claims, demands, causes of action, • costs, expenses, liabilities, losses, damages or injuries; in law or in equity, to property or persons, including vv~ongful death, in any 'manner arising out of or incident to any alleged negligent acts, qmissions or willful misconduct of the Consultant, its officials, officers, en;ipl()¥ees, agents1 consultants, and contractors arising out of or in connection with the,,pE;irtorinanbe of the $ervices, the Project or this Agreement, including without limitation, the payment of all consequential damages, attorneys fees and other related costs and expenses. Consultant .shall defend, at Consultant's own cost, expense and risk, any andall such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the Commission, its directors, officials, officers, agents, consultarits, employees and volunteers. Consultant shall pay and satisfy any judgment, award' or decree that may be rendered against the Commission or its directors, officials, officers, agents, consultants, employees and volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse the Commission and its directors, officials, officers, agents, consultants, employees and volunteers, for any and 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 obligation to indemnity shall not be restricted to insurance proceeds, if any, received by the Commission or its directors, officials, officers, agents, consultants, employees and volunteers. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain 17336.00000\7415357.2 10 19 • • • • to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. This Section 3.21 shall survive any expiration or termination of this Agreement. 3.22 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be supplemented, amended, or modified by a writing signed by both parties. 3.23 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County:1 ,, :'-1:: 3.24 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.25 Commission's Right to Emolov Oth~r . Consultants. The Commission reserves the right to employ other consultants in connection with this .•. P~eci. ·h {~~?~*-, t :< :1?:i'" 3.26 Successors a~a>Assigns. Thi's );\;greement shall be binding on the successors and assigns of the paltl~s;:~al)d shall nof bE,l,assigned by Consultant without the prior written consent of Commission. '· ·· 3.27 Prohibited Interests and Conflicts: 3~.27.1 Solicitation. Consultant maintains and warrants that it has not employed nor retained any ¢ompany or person, other than a bona fide employee working s9l~ly for Consblt~rit, to solicit or secure this Agreement. Further, Consultant warrants tfi~t;liH\as not paiC:liibr has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage· fee, gift or oth·er consideration contingent upon or resulting from the award or making oLthis Agreement. For breach or violation of this warranty, Commission shall have the righMo rescind this Agreement without liability. ' 3.27.2 Conflict of Interest. For the term of this Agreement, no member, officer or employee of Commission, during the term of his or her service with Commission, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.27.3 Conflict of Emolovment. Employment by the Consultant of personnel currently on the payroll of the Commission shall not be permitted in the performance of this Agreement, even though such employment may occur outside of the employee's regular working hours or on weekends, holidays or vacation time. Further, the employment by the Consultant of personnel who have been on the Commission payroll within one year prior to the date of execution of this Agreement, 17336.00000\7415357.2 11 20 where this employment is caused by and or dependent upon the Consultant securing • this or related Agreements with the Commission, is prohibited. 3.27.4 Employment Adverse to the Commission. Consultant shall notify the Commission, and shall obtain the Commission's written consent, prior to accepting work to assist with or participate in a third-party lawsuit or other legal or administrative proceeding against the Commission during the term of this Agreement. 3.28 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discrimina!e against any employee or applicant for employment because of race, religion, cglo~\t'national origin, ancestry, sex or age. Such non-discrimination shall include, but Q()LQe limited to, all activities related to initial employment, upgrading, demotion, t\~Q~fe'ri recruitment or recruitment advertising, layoff or termination. Consultant shaffalso C~13lply with all relevant provi- sions of Commission's Disadvantaged Busif1§SS Enterprise p:r~gram, Affirmative Action Plan or other related Commission progrfirhs or guideline's . currently in effect or hereinafter enacted. £.r .,1( 3.29 Subcontracting. t'~subcontract any portion of the work or Services required by this~~gre~ment, excep .•.. . expressly stated herein, without prior written approval of the Comii;)is.~ion. ,,0;?ubcontrac1~1 .. if any, shall contain a provision making them subject to all provisions stiptlla1-ed in this 'A.greement. 3.30 Prevailing Wages· .. By its e~~cuJion of tt,iis Agreement, Consultant • certified that it is aware of the requirements pf California .Labor Code Sections 1720 et .§filL and 1770 et seq., as well as Californii;i Cdde of Reg'tJlations, Title 8, Section 16000 et .§gq_ ("Prevailing Wage Laws'.') .. ,which reguire the payment of prevailing wage rates and the perf9rm9nce of otp.er re.quif~n:ients oh certain "public works" and "maintenance" projects. lfthe Services are being perfotm~d as part of an applicable "public works" or "mainter;iance" project, as defined by the. Prevailing Wage Laws, and if the total compensation is $1,000 bJ more,; Consultant agrees to fully comply with such Prevailing Wage Laws. The Commission shall provide Consultant with a copy of the prevailing rate of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed tq,iexecute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the Commission, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.31 Employment of Apprentices. This Agreement shall not prevent the employment of properly indentured apprentices in accordance with the California Labor Code, and no employer or labor union shall refuse to accept otherwise qualified employees as indentured apprentices on the work performed hereunder solely on the ground of race, creed, national origin, ancestry, color or sex. Every qualified apprentice 17336.00000\7415357.2 12 21 • • • • shall be paid the standard wage paid to apprentices under the regulations of the craft or trade in which he or she is employed and shall be employed only in the craft or trade to which he or she is registered. If California Labor Code Section 1777.5 applies to the Services, Consultant and any subcontractor hereunder who employs workers in any apprenticeable craft or trade shall apply to the joint apprenticeship council administering applicable standards for a certificate approving Consultant or any sub-consultant for the employment and training of apprentices. Upon issuance of this certificate, Consultant and any sub-consultant shall employ the number of apprentices provided for therein, as well as contribute to the fund to administer the apprenticeship program in each craft or trade in the area of the work hereunder. The parties expressly understand that the responsibility for compliance with provisions of this Section and with Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code in regard to all appren~ceable occupations lies with Consultant. 3.32 No Waiver. Failure of Commission to insist on any one occasion upon strict compliance with any of the terms, 'CO,Vepants or conditions;hereof shall not be deemed a waiver of such term;'\ covenant or:'Ycondition, nor shall any waiver or relinquishment of any rights or pow@r§1 , hereunder 2at<any one time or more times be deemed a waiver or relinquishment bf such other right or power at any other time or times . 3.33 Eight-Hour Law. Pur:~uanfto the provisions of the California Labor Code, eight hours of la.bar shall constitute'a)egal day's work, and the time of service of any worker employed on the work shall be;limited and restricted to eight hours during any one catendgr day, and forty hours in anl'bfle calendar week, except when payment for overti.nie ·is made at not less than one ahd one-half the basic rate for all hours worked in excess of eight hours per day ('!Eight-Hour Law"), unless Consultant or the Services are not subject to the Eight-Hour Law. Consultant shall forfeit to Commission as a penalty, $50.00 for each worker employed in the execution of this Agreement by him, or by any sub-consultant under him, for each calendar day during which such workman is required or permitted to work more than eight hours in any calendar day and forty hours in any one calendar week without such compensation for overtime violation of the provisions of the California Labor Code, unless Consultant or the Services are not subjectto the Eight-Hour Law. 3.34 Subpoenas or Court Orders. Should Consultant receive a subpoena or court order related to this Agreement, the Services or the Project, Consultant shall immediately provide written notice of the subpoena or court order to the Commission. Consultant shall not respond to any such subpoena or court order until notice to the Commission is provided as required herein, and shall cooperate with the Commission in responding to the subpoena or court order. 3.35 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not 17336.00000\7415357.2 13 22 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. 3.36 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.37 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.38 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.39 Incorporation of Recitals; The recitals set forth above are true and correct and are incorporated into this Agreement as though fully setforth herein. 3.40 Invalidity; Severability. If any portion of this Agre~:~~nt is declared invalid, illegal, or otherwise unenfor;ceable by a court of competent JUrisdiction, the remaining provisions shall continue.in fulHorce and effect. 3.41 Conflicting Provisions. In the event that provisions of any attached exhibits conflict in any way with the provisions set forth in this Agreement, the language, • terms and conditions contained in this/Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties' understanding concerning the performance of the Services·.: ~ 3.42: Headi~~s. . Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein. 3.43 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by. operation of law, this Agreement or any interest herein, without the prior wrjt~en consent of the Commission. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.44 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. [SIGNATURES ON FOLLOWING PAGE] 17336.00000\7415357.2 14 23 • • • • SIGNATURE PAGE TO RIVERSIDE COUNTY TRANSPORTATION COMMISSION AGREEMENT FOR IE 511 SOFTWARE MODIFICATION AND INTEGRATION SERVICES WITH KNOWLEDGE SYSTEMS DESIGN, INC. IN WITNESS WHEREOF, this Agreement was executed on the date first written above. · RIVERSIDE COUNTY TRANSPORTATION COMMISSION By: __________ ,;.._ Karen S. Spiegel, Chair Approved.al to Fd[ip: By: -~,;,:_ /;,,,, ', Best Best. & Krieger LLP General Counsel 17336.00000\7415357.2 15 24 KNOWLEDGE . SYSTEMS D~SIGN, INC. By:_._.;_ _____ .....;__ ___ _ · Signature Name Title Attest: By: _________ _ Its: Secretary • EXHIBIT "A" SCOPE OF SERVICES L_INSERT_J • • 17336.00000\7415357.2 A-I 25 17336.00000\7415357.2 EXHIBIT "8" SCHEDULE OF SERVlCES L_I NS,i:;RT _J B-1 26 • • • • EXHIBIT "C" COMPENSATION. [__INSERT____] • • 17336.00000\7415357.2 C-1 27 ATTACHMENT 2 lvanpah Cirna Goffs ,, , Chubbuck tvkJ!and Riverside-San Bernardino-Ontario, CA Traffic ML Live Coverage Flow & Incident Enabled Roads Incident Enabled Roads 10 5 0 ----10 Miles NOKIA 28 • AGENDA ITEM 10 • • • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: October 28, 2013 TO: Budget and Implementation Committee FROM: Jillian Guizado, Staff Analyst Brian Cunanan, Commuter and Motorist Assistance Manager ~~~~~~~~~· THROUGH: Robert Yates, Multimodal Services Director SUBJECT: Fiscal Year 2013/14 SB 821 Bicycle and Pedestrian Facilities Program - Additional Project STAFF RECOMMENDATION: This item is for the Committee to: 1) 2) 3) Approve the partial reallocation of the city of Eastvale's (Eastvale) Scholar Way Sidewalk Accessibility Improvements (Scholar Way) project funding of $144,853 to the city of lndio's {Indio) Jefferson Street Sidewalk (Jefferson Street) project in the amount of $98,500 in the FY 2013/14 SB 821 Bicycle and Pedestrian Facilities Program Call for Projects list; Apply the remaining returned funds of $46,353 to the FY 2014/15 SB 821 Call for Projects; and Forward to the Commission for final action. BACKGROUND IN FORMATION: In July 2013, the Commission approved the FY 2013/14 SB 821 Bicycle and Pedestrian Facilities Program recommendation to fund a total of 18 projects with the available $1, 780,922 in SB 821 funds. One of the 18 projects approved was Eastvale's Scholar Way project, which received an allocation of $144,853. DISCUSSION: On October 2, staff received a letter from Eastvale noting the withdrawal of its Scholar Way project from the FY 2013/14 SB 821 recommended funding list due to a developer assuming the responsibility and related cost for building the project. The next two highest-ranked projects on the FY 2013/14 SB 821 recommended funding list are lndio's Jefferson Project in the amount of $98,500 and the city of Temecula's (Temecula) Pauba Road Sidewalk Improvements project in the amount of $332,250. Since the amount available for reallocation is $144,853, staff recommends that $98,500 of Eastvale's original allocation be reapplied to fully fund lndio's Jefferson Street project, which is the next project on the Agenda Item 10 29 FY 2013/14 SB 821 recommended funding list. Additionally, staff recommends the remaining $46,353 be included in the FY 2014/15 SB 821 Call for Projects, as the remaining allocation is not sufficient to fully fund the next project for Temecula. Financial Information In Fiscal Year Budget: j Yes Year: I FY 2013/14 Amount: I $0 Source of Funds: j LTF Budget Adjustment: I No GL/Project Accounting No.: 60162 86106 Fiscal Procedures Approved: ~~ I Date: j 10/17/13 Attachment: SB 821 FY 2013/14 Recommended Funding Agenda Item 10 30 • • • • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION Revised 11/2013 SB 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM FY 2013/14 RECOMMENDED FUNDING Total SB 821 Funds Recommended Cummulative Average Rank Agency ... . .. .. .. .. ... . Pr~ject ~.escriP,ti~n Costs Requested Allocation Funds Allocated Score Menifee •. • . ·~· .. . . ·s·· uuc' · ·s ·-· · 6s:o0a· · · ·····-6s.ooo~ s.,. 1 McCall Boulevard Sidewalk Improvements 130,300 $ 65,000 79.17 2 Perris Ruby Drive Sidewalk and Pedestrian Bridge $ 108,000 $ 50,000 $ 50,000 $ 115,000 78.83 3 Moreno Valley Pedestrian and Bicycle Enhancements $ 608,000 $ 125,000 $ 125,000 $ 240,000 78.83 4 Riverside Market Street Bike Facilities $ 62,517 $ 31,259 $ 31,259 $ 271,259 77.83 5 San Jacinto Chase Street/Ramona Expressway Sidewalk $ 60,000 $ 30,000 $ 30,000 $ 301,259 77.67 6 Riverside Rutland and Gramercy Avenue Sidewalks $ 380,042 $ 190,021 $ 190,021 $ 491,280 76.67 7 Moreno Valley Access Ramp Pedestrian Enhancements $ 312,000 $ 125,000 $ 125,000 $ 616,280 74.33 8 Wildomar George Avenue Sidewalk Infill Improvements $ 139,429 $ 69,714 $ 69,714 $ 685,994 74.33 9 Eastvale Scholar Way Sidewalk Accessibility Improvements $ 289,706 $ 144,853 $ o• s 685,994 73.83 10 Hemet Gilbert Street ADA Ramps $ 133,000 $ 66,500 $ 66,500 $ 752,494 73.83 11 Riverside County Van Buren Street $ 550,000 $ 275,000 $ 275,000 $ 1,027,494 73.50 12 San Jacinto Cawston Avenue Sidewalk Improvements $ 340,000 $ 45,000 $ 45,000 $ 1,072,494 73.33 13 Riverside County Columbia Street $ 351,000 $ 175,500 $ 175,500 $ 1,247,994 72.33 14 Coachella Rancho Las Flores Park Sidewalk Improvement $ 150,000 $ 75,000 $ 75,000 $ 1,322,994 71.17 15 Riverside Wheelchair Ramps Construction $ 267,600 $ 133,800 $ 133,800 $ 1,456,794 71.17 16 Menifee Garbani Road Sidewalk Improvements $ 68,750 $ 34,375 $ 34,375 $ 1,491,169 71.00 17 Jurupa Valley Golden West Avenue Sidewalk Infill Project $ 140,000 $ 70,000 $ 70,000 $ 1,561,169 70.17 18 Indio Highway 111 Pedestrian Accessibility Project $ 164,100 $ 74,900 $ 74,900 $ 1,636,069 69.83 19 Indio Jefferson Street Sidewalk $ 262,525 $ 98,500 $ 98,500 $ 1, 734,569 69.67 20 Temecula Pauba Road Sidewalk Improvements $ 416,700 $ 332,250 $ $ 69.17 21 Desert Hot Springs Cabot Yerxa Elementary Ped. Improvements $ 3,229,000 $ 195,000 $ $ 66.83 22 Palm Springs Indian Canyon Drive Bicycle Lanes $ 30,550 $ 21,380 $ $ 66.00 23 Lake Elsinore Mission Trail from Hidden Trail to Olive $ 971,586 $ 667,835 $ $ 64.33 24 Jurupa Valley Pyrite Street Sidewalk Infill Project $ 59,000 $ 46,200 $ $ 64.17 25 Palm Springs Missing Link Sidewalks $ 132,150 $ 92,500 $ $ 62.67 26 Lake Elsinore Sumner Ave between Lewis and Scrivener $ 77,708 $ 33,404 $ $ 61.00 27 Beaumont Brookside Avenue Sidewalk $ 119,650 $ 59,825 $ $ 60.33 28 Banning Sunrise Avenue $ 150,000 $ 105,000 $ $ 58.83 29 Lake Elsinore Mill Street between Ave. 4 and Ave. 6 $ 194,481 $ 86,095 $ $ 58.00 30 Lake Elsinore Sumner Avenue at Scrivener $ 114,335 $ 44,943 $ $ 58.00 31 Lake Elsinore Corydon Road from Cereal to Palomar $ 618,592 $ 409,794 $ $ 57.50 32 Lake Elsinore Lewis Street between Sumner and Heald $ 69,230 $ 30,365 $ $ 53.83 Totals $ 10.699.951 $ 4.004.012 $ 1.734.569 31 • AGENDA ITEM 11 • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: October 28, 2013 TO: Budget and Implementation Committee FROM: Aaron Hake, Government Relations Manager THROUGH: John Standiford, Deputy Executive Director SUBJECT: State and Federal Legislative Update STAFF RECOMMENDATION: This item is for the Committee to: 1) Receive and file the state and federal legislative update; and 2) Forward to the Commission for final action. BACKGROUND INFORMATION: State Update • Assemblywoman Melendez Tours Interstate 215 Central Widening Project • Commission staff was pleased to host Assemblywoman Melissa Melendez (AD-67) on a tour of the 1-215 Central Widening project between Scott Road and Nuevo Road. The construction phase of this project is 93 percent funded with state dollars between Proposition lB bonds for the Corridor Mobility Improvement Program (CMIA) and the State Transportation Improvement Program (STIP). This fact provides a showcase of the impact on jobs and mobility that can result from state investment in California's highway system, partnership with regional governments, and accountability to the voters who authorized the $19.9 billion of Prop. lB funds in 2006. Assemblywoman Melendez, who was joined by her district office staff, had the opportunity to observe the building of the new Perris Boulevard overcrossing of 1-215 and the pavement being added to the median of 1-215, as well as the new Perris Transit Center. As with the Commission's recent transportation tour with Congressman Mark Takano (CA-41), the tour had a multi-modal approach by partnering with Riverside Transit Agency (RTA). RTA provided a bus and executive staff to present information on the region's public transit system . Agenda Item 11 32 By all indications, Assemblywoman Melendez and her staff were appreciative of the opportunity to see infrastructure investment in their district up-close-and-personal, and asked to be kept in close contact on future transportation issues. Commission staff will continue to reach out to legislative delegation members to show the many construction projects underway in Riverside County. Assemblyman Linder Forms Transportation Advisory Committee On October 21, Assemblyman Eric Linder (AD-60) and Vice Chair of the Assembly Transportation Committee convened a small group of transportation stakeholders in Western Riverside County to discuss transportation policy and project issues. At the time this report was published, the meeting had not yet occurred. Commission staff looks forward to remaining engaged with Assemblyman Linder as he continues his important leadership role on transportation issues in Sacramento. Governor Brown Signs Bills Supported and Opposed by the Commission At the end of the 2013 legislative year, Governor Brown signed three bills supported by the Commission and signed one bill opposed by the Commission. Several bills tracked by the Commission did not make it to the Governor's desk and are likely to return again in 2014, for the second half of this legislative session. The Governor signed into law two bills by Orange County Assemblyman Tom Daly, AB 401 and 493. AB 401 provides design-build authority to the Commission and similar agencies until 2024. AB 493 ensures that all toll facilities in California, including the Commission's future SR-91 and 1-15 projects, are able to comply with federal interoperability requirements. The federal government's goal is to ensure that customers of any toll road can easily use other toll roads across the country. The Governor also approved AB 14 (Lowenthal), which establishes an inclusive protocol for developing the State Freight Plan in accordance with federal law. The Governor signed into law AB 266, a bill that extends a pilot program the Commission has previously opposed. The program allows electric vehicles to be exempted from paying tolls on specified toll facilities in California; however, the practical effect of the law is that the Commission's future 1-15 express lanes is the only facility in the state that will be subject to the law. Even though the program expires in 2019, the bill sets a concerning precedent for the state to meddle in a local revenue stream and create uncertainty for a local project's financing model. After two years of the Commission's concerns being largely ignored, staff is contemplating seeking legislation in 2014 to protect the 1-15 express lanes project from the impact of this law. Agenda Item 11 33 • • • • • • Finally, the Governor also approved AB 179 (Bocanegra), a bill dealing with privacy of transit passengers and toll customers. The Commission originally had an Oppose position on the bill due to great legal vulnerabilities created by the bill's 'initial language; however the bill was amended several times to remove the concern of many toll operators and transit agencies. Ultimately, the Commission adopted a Neutral position on AB 179. As was widely reported in the media in September and October, the effort to achieve meaningful California Environmental Quality Act (CEQA) reform stalled in the waning hours of the legislative session. Senate Pro-Tern Darrell Steinberg's SB 731 is now a two-year bill and is likely to return in 2014. The bill primarily deals with residential infill housing near transit centers and does not address improvements to the CEQA process for transit projects themselves. Pro-Tern Steinberg did, however, manage to pass legislation to streamline the CEQA process for a new basketball arena in downtown Sacramento. Commission staff will remain active in CEQA coalition activities and gauge efforts for another attempt at CEQA reform in 2014. Federal Update Government Shutdown Impacts Transportation On a day-to-day basis, the Commission works with several federal agencies. Within the U.S . Department of Transportation (US DOT), Commission staff works frequently with the Federal Highway Administration (FHWA) and Federal Transit Administration (FTA), with occasional contacts at the Office of the Secretary (OST), and the Federal Railroad Administration (FRA). Project reviews and approvals are also processed through agencies at the U.S. Army Corps of Engineers (ACOE), the U.S. Environmental Protection Agency (EPA), and U.S. Fish & Wildlife Service (FWS) within the U.S. Department of Interior (DOI). Each of these agencies was impacted differently by the 16-day government shutdown in October 2013. The FHWA is funded primarily through what is called "contract authority" emanating from the special nature of the Highway Trust Fund (HTF), which is firewalled for transportation purposes and is separate from the Treasury's General Fund. Most federal agencies are dependent on annual appropriations from the Treasury to be made by Congress; the shutdown represented the failure of Congress to pass any of the 13 appropriations bills for FY 2013/14 or to pass a continuing resolution (CR) in place of appropriations bills that would authorize spending from the Treasury at prior-year levels. Therefore, the FHWA experienced zero employee furloughs while FTA, FRA, OST, the Federal Aviation Administration (FAA) and several other departments at the U.S. DOT had many furloughs. Here is a chart summarizing the number of U.S. DOT furloughs as reported by U.S. DOT's budget office on September 27, 2013: Agenda Item 11 34 The greatest impact to the Commission from US DOT furloughs occurred with FTA. The Commission awaits final approval of the $75 million Small Starts grant for Perris Valley Line (PVL). The grant is awaiting final review by the Office of Management and Budget (OMB), followed by a 10-day notification period to Congress before FTA executes a final grant • agreement. The shutdowns effectively moved back the approval date of the grant. • Fortunately, as discussed below, FTA gave advanced approval for PVL to proceed in spite of the pending approvals. Additional impacts of the shutdown were felt by the State Route 91 Corridor Improvement Project and Mid County Parkway project. Both of these projects are in the process of seeking reviews and approvals from the ACOE, FWS, and EPA. Furloughs at these agencies delayed and canceled meetings related to permits being sought by the Commission. It is difficult to quantify the precise cost or time delay that was incurred, and it remains possible that time could be regained if review times are shortened going forward. Perris Valley Line Receives Green Light from Federal Transit Administration, Steps Remain On the first day of the federal government shutdown, the Commission received good news: the FTA issued a letter of no prejudice (LONP) for the PVL. An LONP allows the project to proceed to construction at-risk, in advance of the anticipated final approval of the $75 million Small Starts grant. All final paperwork for the grant has been submitted to FTA; once the shutdown is over the grant will be reviewed by the OMB and undergo a mandatory 10-day circulation on Capitol Hill before being executed by FTA. The Commission is grateful to FTA Administrator Peter Rogoff for directing an LONP to be issued to expedite PVL construction, especially considering the October 14 deadline the Commission faced before the expiration of Ames Construction's low bid to build the project. Additionally, the Commission worked closely with Agenda Item 11 35 • • • • Congress Members Mark Takano, Ken Calvert, and Senator Dianne Feinstein over the last month to encourage FTA's swift approval of the LONP and the grant. These Members, as well as Senator Barbara Boxer, have worked hard over many years on behalf of the Commission to move this project to fruition. Commission lobbyists Cliff Madison and Kathy Ruffalo also provided key strategic direction over the last several weeks in communicating with federal officials about the need to move PVL forward, especially with the looming government shutdown. Attachment: Legislative Matrix Agenda Item 11 36 RIVER. COUNTY TRANSPORTATION COMMISSION -POSITIONS ON STATE .FEDERAL LEGISLATION -October 2013 AB 14 (Lowenthal) Formalizes creation of a State Freight Advisory Council and commits the state to I Approved by the authoring a State Freight Plan every 5 years, pursuant to MAP-21. Governor. (Sept. 6). Chaptered by Secretary of State -Chapter 223, Statutes of 2013. (Sept. 6). SUPPORT AB 179 (Boganegra) Previous version reduced the amount of time transportation agencies can retain I Approved by the I NEUTRAL personally identifiable customer information for electronically-collected highway Governor. (Sept. 27). tolls and transit fares, from 4.S years to six months. Amendments extend the time period back to 4.5 years, removing a conflict with the statute of limitations during Chaptered by Secretary which customers can challenge tolls and fare charges, which is up to 4 years. The of State -Chapter 375, bill also enacts new privacy provisions for electronic transit fare collection. Statutes of 2013. Unknown impacts exist for transit operators RTA, Sun line and Metrolink for future (Sept. 27). implementation of electronic fare systems. AB 266 (Blumenfield) Extends by an additional 10 years a pilot program previously opposed by RCTC. I Approved by the I OPPOSE Ultra-low emission vehicles (mostly electric cars) are exempted from paying tolls Governor. (Sept. 28). on tolled facilities, except for toll projects in L.A. County. This bill represents a state mandate that cuts into local revenue for infrastructure that local Chaptered by Secretary governments are providing to the state. This policy erodes the user-pay concept of State -Chapter 405, inherent in many areas of transportation finance. This bill represents a current Statutes of 2013. and future threat to the viability of innovative infrastructure financing in California (Sept. 28). as low-emission vehicles become more popular. The pilot program has only been in existence for less than one year. AB 487 (Linder) I Requires government employees participating in the OMV confidentiality program I Two-year bill (can be to provide a workplace address so that parking, toll, and traffic violations can still reconsidered in 2014) be enforced. AB574 (Lowenthal) Formerly, this bill reformed the process by which cities and counties apply to the State for relinquishment of state highways to local jurisdictions. The bill has been amended in its entirety. The bill now proposes policy to guide the expenditure of the state's cap-and-trade program, which was authorized by AB 32 (Pavley, 2006) and is administered by the California Air Resources Board (CARB). The bill provides for regional control of the expenditure of cap-and-trade funds. The Commission, along with SCAG and other transportation commissions in Southern California have requested amendments that would direct cap-and-trade funds to directly to transportation commissions rather than Metropolitan Planning Organizations (MPO's) Held under submission in Assembly Appropriations Committee. (May 24). SUPPORT SUPPORT if Amended • April 13, 2013 June 12, 2013 April 13, 2013 April 13, 2013 June 12, 2013 AB 1081 I Requires goods movement infrastructure projects and financing options from the In committee: Held I SUPPORT I June 12, 2013 (Medina) private sector to be included in the Governor's annually submitted 5-year under submission. infrastructure plan and international trade & investment strategy. (August 30). SB 337 I Relinquishes portions of SR-74 to the City of Hemet. The City of Hemet is the Hearing cancelled at I SUPPORT I April 13, 2013 (Emmerson) sponsor of this bill. This bill builds on previous legislation that authorized request of author. This relinquishment of SR-74 to the Cities of Palm Desert, Perris, and Lake Elsinore. bill's language has been incorporated into SB 788, the Senate Transportation Omnibus Bill. SB 731 I Enacts modest changes to CEQA, mostly relating to private development. I Joint Rule 62(a) file MONITOR/WORK I April 13, 2013 (Steinberg) notice suspended. (Page WITH AUTHOR 3247). (Sept. 11). Set, First hearing. Hearing cancelled at the request of author. (Sept. 11). AB37 I This bill would allow would allow project applicants to require lead agencies to Re-referred to Com. On I SUPPORT I June 12, 2013 (Perea) prepare a record of proceedings concurrently with the preparation of CEQA L. & 1.R. (Aug. 14). documents. This has the potential to accelerate future judicial proceedings by giving both sides of a CEQA lawsuit the opportunity to prepare for court. AB 37 is supported by business groups and is currently unopposed, awaiting a vote on the Assembly floor. AB401 I Authorizes the use of best value design-build for the 1-405 widening project by Approved by the I SUPPORT I June 12, 2013 (Daly) OCTA. The language of this bill is nearly identical to that of the Commission's AB Governor. (Oct. 5). 2098 (Miller), which was approved in 2010. The project will add one general Chaptered by Secretary purpose lane in each direction. of State -Chapter 586, Statutes of 2013. (Oct. 5). AB 543 I This bill would require a lead agency to translate, as specified, certain notices In committee: Set, first I OPPOSE I June 12, 2013 (Campos) required by the act and a summary of any negative declaration, mitigated negative hearing. Hearing declaration, or environmental impact report when a group of non-English-canceled at the request speaking people, as defined, comprises at least 25% of the population within the of a tho (Jul 2) lead agency's jurisdiction and the project is proposed to be located at or near an u r. Y · area where the group of non-English-speaking people comprises at least 25% of the residents of that area. By requiring a lead agency to translate these notices and documents, this bill would impose a state-mandated local program. • • • • SB 778 (Committee on Transportation & Housing) AB493 (Daly) Allows public works projects to be granted Leadership designation by the I Two-year bill (may be Governor for the purposes of a 2011 law that provides expedited judicial review reconsidered in 2014) for CEQA challenges. The Commission seeks amendments that would clarify elgibility of regional transportation agencies (such as the Commission) to utilize this fast-tracking for public transit projects. Note: the underlying 2011 law has recently been ruled unconstitutional. SUPPORT if Amended Senate "omnibus" bill of non-controversial items. This omnibus includes language I Referred to Com. on P.E. I SUPPORT from SB 337 (Emmerson), which relinquishes SR-74 to the city of Hemet. Other & R. (March 11). provisions of the bill include non-substantive technical corrections to existing law and deletion of obsolete provisions such as the 1984 Olympics special license plate program. This bill would authorize operators of toll facilities on federal-aid highways to fully implement technologies or business practices that provide for the interoperability of electronic toll collection programs on and after the date specified in MAP-21. The bill would limit the information that may be disclosed through participation in an interoperability program, as specified. 39 Approved by the Governor. (Aug. 12). Chaptered by Secretary of State -Chapter 79, Statutes of 2013. (Aug. 12). SUPPORT June 12, 2013 June 12, 2013