HomeMy Public PortalAbout03 March 23, 2015 Western Riverside County Programs and ProjectsRIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE
MEETING AGENDA
TIME: 1:30 p.m.
DATE: Monday, March 23, 2015
LOCATION: BOARD ROOM
County of Riverside Administrative Center
4080 Lemon Street, First Floor, Riverside
COMMITTEE MEMBERS
Ben Benoit, Chair / Timothy Walker, City of Wildomar
Deborah Franklin, Vice Chair / Art Welch, City of Banning
Karen Spiegel / Eugene Montanez, City of Corona
Adam Rush / Clint Lorimore, City of Eastvale
Frank Johnston / Brian Berkson, City of Jurupa Valley
Scott Mann / Wallace Edgerton, City of Menifee
Jesse Molina / Jeffrey J. Giba, City of Moreno Valley
Berwin Hanna / Kathy Azevedo, City of Norco
Daryl Busch / Rita Rogers, City of Perris
Andrew Kotyuk / Scott Miller, City of San Jacinto
Kevin Jeffries, County of Riverside, District I
Marion Ashley, County of Riverside, District V
STAFF
Anne Mayer, Executive Director
John Standiford, Deputy Executive Director
AREAS OF RESPONSIBILITY
Air Quality, Capital Projects,
Communications and Outreach Programs,
Intermodal Programs,
Motorist Services, New Corridors,
Regional Agencies/Regional Planning,
Regional Transportation Improvement Program (RTIP),
Specific Transit Projects,
State Transportation Improvement Program (STIP),
Transportation Uniform Mitigation Fee (TUMF) Program, and
Provide Policy Direction on Transportation Programs and Projects
related to Western Riverside County and other
areas as may be prescribed by the Commission.
Comments are welcomed by the Committee. If you wish to provide comments to the Committee,
please complete and submit a Speaker Card to the Clerk of the Board.
COMM-WRC-00025
TO: Riverside County Transportation Commission
FROM: Jennifer Harmon, Office and Board Services Manager
DATE: March 18, 2015
SUBJECT: Possible Conflicts of Interest Issues – Western Riverside County Programs and Projects
Committee Agenda of March 23, 2015
The March 23, 2015 agenda of the WRC Programs and Projects Committee includes items which may
raise possible conflicts of interest. A RCTC member may not participate in any discussion or action
concerning a contract or amendment if a campaign contribution of more than $250 is received in the
past 12 months or 3 months following the conclusion from any entity or individual listed.
Agenda Item No. 7 – Project and Construction Manager Services for the Interstate 15 Express
Lanes Project
Consultant(s): Group Delta Consultants, Inc. GCAP Services
2 Mauchly, Suite B 3525 Hyland Ave., No. 260
Irvine, CA 92618 Costa Mesa, CA 92626
Nikhila Srirawgpatna, CFO Edward Salcedo, Jr., President
Psomas Parsons Brinckerhoff, Inc.
1500 Iowa Avenue, Suite 210 One Penn Plaza
Riverside, CA 92507 New York, NY 10119
Cliff Simental, VP Survey and Mapping Yvonne Quinones, Vice President
Kleinfelder|Simon Wong Engineering Parsons Transportation Group
3880 Lemon Street, Suite 300 2201 Dupont Drive, Suite 200
Riverside, CA 92501 Irvine, CA 92612
Marc McIntyre, Vice President Kevin Haboian, Senior Vice President
Overland, Pacific & Cutler, Inc. RT Engineering & Associates, Inc.
3750 Schaufele Ave, Suite 150 1851 E. First Street, Suite 900
Long Beach, CA 90808 Santa Ana, CA 92705
Mark LaBonte, Vice President/Principal Regina Talamantez, President
S2 Engineering, Inc. Technology Partnerz Ltd.
8608 Utica Ave., Suite 100 2035 Victoria Ave., Suite 204
Rancho Cucamonga, CA 91730 St‐Lambert, Quebec, Canada J4S 1Y7
Sagar Pandey, Principal Eric Torkia, Executive Partner
Transportation Innovations
16443 Tudor Grove Drive
Orlando, FL 32828
Harold Worrall, President
Agenda Item No. 8 – Interstate 15 Express Lanes Project Investment Grade Traffic and Revenue
Study Services
Consultant(s): Stantec Consulting Services, Inc.
50 West 23rd Street
New York, NY 10010
Steve Abendschein, Principal
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE
www.rctc.org
AGENDA*
*Actions may be taken on any item listed on the agenda
1:30 p.m.
Monday, March 23, 2015
BOARD ROOM
County Administrative Center
4080 Lemon Street, First Floor
Riverside, California
In compliance with the Brown Act and Government Code Section 54957.5, agenda materials distributed 72
hours prior to the meeting, which are public records relating to open session agenda items, will be available
for inspection by members of the public prior to the meeting at the Commission office, 4080 Lemon Street,
Third Floor, Riverside, CA, and on the Commission’s website, www.rctc.org.
In compliance with the Americans with Disabilities Act, Government Code Section 54954.2, and the Federal
Transit Administration Title VI, please contact the Clerk of the Board at (951) 787-7141 if special assistance is
needed to participate in a Commission meeting, including accessibility and translation services. Assistance is
provided free of charge. Notification of at least 48 hours prior to the meeting time will assist staff in assuring
reasonable arrangements can be made to provide assistance at the meeting.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ATTENDANCE / ROLL CALL
4. PUBLIC COMMENTS – Each individual speaker is limited to speak three (3) continuous
minutes or less. The Committee may, either at the direction of the Chair or by majority vote
of the Committee, waive this three minute time limitation. Depending on the number of
items on the Agenda and the number of speakers, the Chair may, at his/her discretion,
reduce the time of each speaker to two (2) continuous minutes. Also, the Committee may
terminate public comments if such comments become repetitious. In addition, the maximum
time for public comment for any individual item or topic is thirty (30) minutes. Speakers may
not yield their time to others without the consent of the Chair. Any written documents to be
distributed or presented to the Committee shall be submitted to the Clerk of the Board. This
policy applies to Public Comments and comments on Agenda Items.
Under the Brown Act, the Board should not take action on or discuss matters raised during
public comment portion of the agenda which are not listed on the agenda. Board members
may refer such matters to staff for factual information or to be placed on the subsequent
agenda for consideration.
Western Riverside County Programs and Projects Committee
March 23, 2015
Page 2
5. APPROVAL OF MINUTES – FEBRUARY 23, 2015
6. ADDITIONS/REVISIONS (The Committee may add an item to the Agenda after making a
finding that there is a need to take immediate action on the item and that the item came to
the attention of the Committee subsequent to the posting of the agenda. An action adding
an item to the agenda requires 2/3 vote of the Committee. If there are less than 2/3 of the
Committee members present, adding an item to the agenda requires a unanimous vote.
Added items will be placed for discussion at the end of the agenda.)
7. PROJECT AND CONSTRUCTION MANAGER SERVICES FOR THE INTERSTATE 15 EXPRESS
LANES PROJECT
Page 1
Overview
This item is for the Committee to:
1) Award Agreement No. 15-31-001-00 to Parsons Transportation Group, Inc. (PTG) to
provide project and construction management (PCM) services for the Interstate 15
Express Lanes project in the amount of $50,625,807, plus a contingency of
$4,050,065, for a total amount not to exceed $54,675,872;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to
execute the agreement on behalf of the Commission;
3) Authorize the Executive Director or designee to approve contingency work up to the
total not to exceed amount as required for the project; and
4) Forward to the Commission for final action.
8. INTERSTATE 15 EXPRESS LANES PROJECT INVESTMENT GRADE TRAFFIC AND REVENUE
STUDY SERVICES
Page 110
Overview
This item is for the Committee to:
1) Award Agreement No. 15-31-048-00 to Stantec Consulting Services, Inc. (Stantec) for
investment grade traffic and revenue study services for the Interstate 15 Express
Lanes Project in the amount of $ 1.1 million, plus a contingency amount of $100,000,
for a total amount not to exceed $ 1.2 million;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review and
completion of the pre-award audit, to execute the agreement on behalf of the
Commission;
3) Authorize the Executive Director or designee to approve contingency work up to the
total not to exceed amount as required for the agreement; and
4) Forward to the Commission for final action.
Western Riverside County Programs and Projects Committee
March 23, 2015
Page 3
9. SECURITY SERVICES AT RIGHT OF WAY PROPERTIES FOR STATE ROUTE 91 CORRIDOR
IMPROVEMENT PROJECT
Page 156
Overview
This item is for the Committee to:
1) Award Agreement No. 15-31-084-00 to All Security Services for security services
during construction of the State Route 91 Corridor Improvement Project (SR-91 CIP)
in the amount of $100,000;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to
execute the agreement on behalf of the Commission; and
3) Forward to the Commission for final action.
10. 2015 WESTERN RIVERSIDE SPECIALIZED TRANSIT CALL FOR PROJECTS – MEASURE A
SPECIALIZED TRANSIT GRANT AWARDS
Page 180
Overview
This item is for the Committee to:
1) Award Agreement No. 15-26-067-00 to Blindness Support Services, Inc. for the
provision of travel training services (Travel Training Program) in an amount not to
exceed $197,792 in Measure A Specialized Transit grant funds;
2) Award Agreement No. 15-26-068-00 to Boys and Girls Clubs of Southwest County for
the provision of directly operated transportation services (Before and After School
Transportation Program) in an amount not to exceed $816,250 in Measure A
Specialized Transit grant funds;
3) Award Agreement No. 15-26-069-00 to Care-A-Van Services, Inc. for the provision of
directly operated transportation services (Care-A-Van Project) in an amount not to
exceed $1,236,468 in Measure A Specialized Transit grant funds;
4) Award Agreement No. 15-26-070-00 to Care Connexxus, Inc. for the provision of
directly operated transportation services (Specialized Transit Project) in an amount
not to exceed $781,130 in Measure A Specialized Transit grant funds;
5) Award Agreement No. 15-26-071-00 to the city of Norco Parks Department for the
provision of directly operated transportation services (Norco Senior Shuttle Service
Program) in an amount not to exceed $180,000 in Measure A Specialized Transit
grant funds;
6) Award Agreement No. 15-26-072-00 to Community Connect for the provision of
transportation information services (211 Riverside One Call/One Click Project) in an
amount not to exceed $255,139 in Measure A Specialized Transit grant funds;
7) Award Agreement No. 15-26-073-00 to Community Connect for the provision of
transportation pass or voucher services (Transportation Access Program) in an
amount not to exceed $578,025 in Measure A Specialized Transit grant funds;
Western Riverside County Programs and Projects Committee
March 23, 2015
Page 4
8) Award Agreement No. 15-26-074-00 to County of Riverside Department of Mental
Health for the provision of directly operated transportation service (Transportation
Program) in an amount not to exceed $549,826 in Measure A Specialized Transit
grant funds;
9) Award Agreement No. 15-26-075-00 to Forest Folk, Inc. for the provision of directly
operated transportation service (Idyllwild Areas Shuttle Service) in an amount not to
exceed $157,000 in Measure A Specialized Transit grant funds;
10) Award Agreement No. 15-26-076-00 to Friends of Moreno Valley Senior Center, Inc.
for the provision of directly operated transportation services (Mo Van Transit
Service) in an amount not to exceed $205,128 in Measure A Specialized Transit grant
funds;
11) Award Agreement No. 15-26-077-00 to Independent Living Partnership for the
provision of mileage reimbursement to volunteer drivers (Transportation
Reimbursement and Information Project – TRIP Western Riverside) in an amount not
to exceed $1,270,254 in Measure A Specialized Transit grant funds;
12) Award Agreement No. 15-26-078-00 to Inland Aids Project for the provision of
directly operated transportation services (Inland Aids Project Transportation
Program) in an amount not to exceed $283,930 in Measure A Specialized Transit
grant funds;
13) Award Agreement No. 15-26-079-00 to Operation SafeHouse, Inc. for the provision of
directly operated transportation services (Main Street Transitional Living Program) in
an amount not to exceed $89,343 in Measure A Specialized Transit grant funds;
14) Award Agreement No. 15-26-080-00 to the Riverside County Regional Medical Center
for the provision of directly operated transportation services (Specialized Non-
Emergency Medical Transportation program) in an amount not to exceed $918,322 in
Measure A Specialized Transit grant funds;
15) Award Agreement No. 15-26-081-00 to United States Veterans Initiative for the
provision of directly operated transportation services (U.S. Vets Inland Empire
Transportation Program) in an amount not to exceed $129,915 in Measure A
Specialized Transit grant funds;
16) Award Agreement No. 15-26-082-00 to Voices for Children for the provision of
mileage reimbursement to volunteer drivers (Volunteer Mileage Reimbursement
Program) in an amount not to exceed $269,478 in Measure A Specialized Transit
grant funds;
17) Award Agreement No. 15-26-086-00 to Riverside Transit Agency for the provision of
a two-year demonstration program for Dial-A-Ride Plus in an amount not to exceed
$82,000 in Measure A Specialized Transit grant funds;
18) Authorize the Chair or Executive Director, pursuant to legal counsel review, to
execute the agreements on behalf of the Commission;
19) Forward to the Commission for final action.
Western Riverside County Programs and Projects Committee
March 23, 2015
Page 5
11. AMENDMENT TO COMMISSION’S RAIL PROGRAM SHORT RANGE TRANSIT PLANS
Page 187
Overview
This item is for the Committee to:
1) Amend the Commission’s Commuter Rail Program’s FY 2014/15 Short Range Transit
Plan (SRTP), as follows:
a) Allocate $3,589,325 of FY 2014/15 Proposition 1B Public Transportation
Modernization, Improvement, and Service Enhancement Account (PTMISEA)
funds to the Riverside County rail passenger efficiency upgrades project;
b) Allocate $17,895,032 of Federal Transit Administration (FTA) Section 5307
Grant funds to the Riverside County rail passenger efficiency upgrades
project;
c) Allocate $11,631,985 FTA Section 5337 Grant funds to the commuter rail state
of good repair project;
d) Allocate $2,281,747 FTA Section 5309 Grant funds to the existing commuter
rail rehabilitation project; and
e) Allocate $355,617 from the FY 2013/14 and $355,625 from the FY 2014/15
Proposition 1B California Transit Security Grant Program – California Transit
Assistance Fund (CTSGP-CTAF) funds for video surveillance system upgrades
and station security equipment;
2) Adopt Resolution No. 15-007 and Resolution No. 15-008, “Resolution of the Riverside
County Transportation Commission Appointing Individuals to Act on Behalf of the
Commission for the Purpose of Applying and/or Accepting Grants Awarded to the
Commission’s Rail Program” related to the two CTSGP-CTAF grants; and
3) Forward to the Commission for final action.
12. COMMISSIONERS / STAFF REPORT
Overview
This item provides the opportunity for the Commissioners and staff to report on attended
and upcoming meeting/conferences and issues related to Commission activities.
13. ADJOURNMENT
The next Western Riverside County Programs and Projects Committee meeting is scheduled
to be held at 1:30 p.m., Monday, April 27, 2015, Board Chambers, First Floor, County
Administrative Center, 4080 Lemon Street, Riverside.
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RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS SIGN-IN SHEET
March 23, 2015
A NAME_ • AGENCY E_MAIL ADDRESS
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS
COMMITTEE
ROLL CALL
March 23, 2015
County of Riverside, District I
County of Riverside, District V
City of Banning
City of Corona
City of Eastvale
City of Jurupa Valley
City of Menifee
City of Moreno Valley
City of Norco
City of Perris
City of San Jacinto
City of Wildomar
Present
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Absent
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a special 50th anniversary celebration at SCAG's upcoming
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May 7-8. 2015
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DETACH AND SUBMIT TO THE CLERK OF THE BOARD DATE: J /??,!ts l CHECK 1F , /SUBJECT oF 5 c A G m t ~s PUBLIC COMMENTS: ti' PUBLIC COMMENTS:. ______ .....,1./''--------------AGENDA ITEM NO.: SUBJECT OF (AS LISTED ON THE AGENDA) AGENDA ITEM: __________________ _ A ..... n cl ( d s-Q tl m 0J v e. ( PHONE NO.:. _____ _ NAME: ADDRESS:. ______________________________ _ STREET CITY ZIP CODE REPRESENTING:Sov't-hc..-n Ca f ;F ,4.>SoC'. () ( 6-<1v' 1j-PHONE NO.:. ______ _ BUSINESS ADDRESS: ___________________________ _ STREET CITY ZIP CODE
AGENDA ITEM 5
MINUTES
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE
Monday, February 23, 2015
MINUTES
1. CALL TO ORDER
The meeting of the Western Riverside County Programs and Projects Committee was
called to order by Chair Frank Johnston at 1:31 p.m., in the Board Room at the County of
Riverside Administrative Center, 4080 Lemon Street, First Floor, Riverside, California,
92501.
2. PLEDGE OF ALLEGIANCE
At this time, Commissioner Scott Mann led the Western Riverside County Programs and
Projects Committee in a flag salute.
3. ROLL CALL
Members/Alternates Present Members Absent
Ben Benoit Marion Ashley
Daryl Busch Adam Rush
Deborah Franklin
Jeffrey Giba
Berwin Hanna
Kevin Jeffries*
Frank Johnston
Andrew Kotyuk
Scott Mann
Karen Spiegel
*Arrived after the meeting was called to order
4. PUBLIC COMMENTS
Arnold San Miguel, Southern California Association of Governments (SCAG), announced
the 2015 SCAG sustainability awards nominations are due March 3, 2015.
RCTC WRC Programs and Projects Committee Minutes
February 23, 2015
Page 2
5. APPROVAL OF MINUTES – OCTOBER 27, 2014
M/S/C (Mann/Franklin) to approve the minutes as submitted.
Abstain: Jeffrey Giba
6. ADDITIONS/REVISIONS
There were no additions or revisions to the agenda.
7. APPROVE MEMORANDUM OF UNDERSTANDING FOR COOPERATIVE PLANNING AND
DEVELOPMENT OF THE SANTA ANA RIVER TRAIL PROJECT BETWEEN THE COMMISSION
AND THE RIVERSIDE COUNTY REGIONAL PARK AND OPEN-SPACE DISTRICT
Alex Menor, Capital Projects Manager, presented an overview of the memorandum of
understanding for cooperative planning and development of the Santa Ana River Trail
project between the Commission and the Riverside County Regional Park and Open Space
District.
Anne Mayer, Executive Director, commented on the level of partnership that has been
developed over the past few years with the parks department.
M/S/C (Spiegel/Benoit) to:
1) Approve Memorandum of Understanding (MOU) No. 15-67-059-00 with
the Riverside County Regional Park and Open-Space District (District)
for project management services to complete the design phase and
manage the construction phase of the Santa Ana River Trail Project
(Project). The MOU will reimburse the Commission’s cost to perform
project management services for managing the completion of design,
construction management, and construction contracts for the Project;
2) Authorize the Chair or Executive Director, pursuant to legal counsel
review, to execute the agreement on behalf of the Commission;
3) Authorize the Executive Director, pursuant to legal counsel review, to
execute agreements with the District to reflect non-funding changes
related to the Project on behalf of the Commission;
4) Approve an increase of $250,000 in FY 2014/15 budgeted revenues and
expenditures for project management services related to the Project;
and
5) Forward to the Commission for final action.
RCTC WRC Programs and Projects Committee Minutes
February 23, 2015
Page 3
8. OPERATION OF THE FREEWAY SERVICE PATROL PROGRAM IN RIVERSIDE COUNTY
Brian Cunanan, Commuter and Motorist Assistance Manager, presented an overview of
the operation of the Freeway Service Patrol program in Riverside County.
In response to Commissioner Karen Spiegel’s question regarding debris removal from
the freeway, Brian Cunanan stated the FSP tow trucks will remove debris from the
freeway lanes during service hours. If the item is too large or it is during non-service
hours, CHP and Caltrans will handle it.
M/S/C (Busch/Franklin) to:
1) Approve Agreement No. 15-45-027-00 with the California Department
of Transportation (Caltrans) for the operation of the Riverside County
Freeway Service Patrol (FSP) program in the amount of $1,635,846 in
state funding for FY 2014/15; and
2) Forward to the Commission for final action.
9. ELECTION OF OFFICERS
Chair Johnston stated this item is for the Western Riverside County Programs and
Projects Committee to conduct an election of the officers for 2015.
At this time, Chair Johnston opened nominations for the Chair position.
Commissioner Spiegel, seconded by Commissioner Kevin Jeffries, nominated
Commissioner Ben Benoit for the Chair position for 2015.
No other nominations were received. The Chair closed the nominations.
Chair Johnston opened nominations for the Vice Chair position for 2015.
Commissioner Scott Mann, seconded by Commissioner Daryl Busch, nominated
Commissioner Deborah Franklin for the Vice Chair position.
No other nominations were received. The Chair closed the nominations.
Commissioners Ben Benoit and Deborah Franklin were elected as the Western Riverside
County Programs and Projects Committee’s Chair and Vice Chair for 2015, respectively.
RCTC WRC Programs and Projects Committee Minutes
February 23, 2015
Page 4
10. COMMISSIONERS / STAFF REPORT
Anne Mayer reminded Commissioners of the upcoming meetings for public information
meetings for the San Gorgonio Pass Rail Study at Banning City Hall and at the Coachella
Valley Association of Governments office.
11. ADJOURNMENT AND NEXT MEETING
There being no further business for consideration by the Western Riverside County
Programs and Projects Committee, the meeting was adjourned at 1:48 p.m. The next
meeting of the Western Riverside County Programs and Projects Committee is
scheduled for March 23, 2015, at 1:30 p.m.
Respectfully submitted,
Tara S. Byerly
Deputy Clerk of the Board
AGENDA ITEM 7
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: March 23, 2015
TO: Western Riverside County Programs and Projects Committee
FROM: Lisa DaSilva, Toll Project Manager
THROUGH: Michael Blomquist, Toll Program Director
SUBJECT: Project and Construction Manager Services for the Interstate 15 Express
Lanes Project
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Award Agreement No. 15-31-001-00 to Parsons Transportation Group, Inc. (PTG) to
provide project and construction management (PCM) services for the Interstate 15
Express Lanes project in the amount of $50,625,807, plus a contingency of $4,050,065,
for a total amount not to exceed $54,675,872;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute
the agreement on behalf of the Commission;
3) Authorize the Executive Director or designee to approve contingency work up to the
total not to exceed amount as required for the project; and
4) Forward to the Commission for final action.
BACKGROUND INFORMATION:
Early Development of the I-15 Corridor Improvement Project
In 2002, Riverside County voters approved a 30-year extension of Measure A through 2039
including improvements to the 15 corridor. Specifically, the project commitment contained in
the 2009-2039 Measure A extension is to add a lane in each direction on I-15 from State
Route 60 to the San Diego County line.
In the spring of 2006, the Commission assessed the feasibility of tolling four freeway corridors
in Riverside County and concluded that portions of the SR-91 and I-15 corridors were generally
feasible for tolling from a financial, traffic operation, and engineering standpoint.
Throughout 2006, engineering, project scoping, and traffic and revenue study work was
performed. An ambitious I-15 project scope consistent with the significant traffic needs of the
corridor was created to both meet the Measure A commitment as well as use tolling as a way to
build more improvements and provide more congestion relief than would have otherwise been
possible using Measure A funds and other traditional state and federal freeway funding
sources.
Agenda Item 7
1
In December 2006, the Commission approved the 2009 Measure A Western Riverside County
Highway 10-Year Delivery Plan (10-Year Delivery Plan) to advance the development of the
highest priority projects in the 30-year Measure A extension. The 10-Year Delivery Plan called
for the development of high occupancy toll lanes within the I-15 corridor. The Commission’s
approval of the 10-Year Delivery Plan also authorized staff to begin environmental and
preliminary engineering studies for projects within the plan, including those for the I-15
corridor.
In early 2008, the Commission advanced the project to the next project development step of
preliminary engineering and environmental studies from I-215 to SR-60 and named the project
the I-15 Corridor Improvement Project (I-15 CIP). The Commission hired HDR, Inc. to perform
environmental and preliminary engineering services for this 44-mile corridor.
Tolling Authority
After the 2006 Commission approval of the I-15 CIP and its tolling element, staff worked to
obtain the necessary tolling authority for I-15.
State Tolling Authority
At the California Transportation Commission’s (CTC) April 2008 meeting, the CTC found the
project eligible for the statewide pilot program under AB 1467 (Nunez 2006). Later that year
AB 1954 (Jeffries 2008) was signed into law, which ratified the CTC’s April 2008 decision. The
passage of AB 1954 provides the Commission with state authority to build and operate two
tolled express lanes in each direction within the I-15 corridor.
Federal Tolling Authority
In March 2008, the Commission submitted an expression of interest (EOI) to the Federal
Highway Administration (FHWA) as the first step in obtaining federal tolling authority for I-15.
Based on the EOI, FHWA advised the Commission the I-15 CIP would best fit under FHWA’s
Value Pricing Pilot Program (VPPP). In July 2008, the Commission submitted an application for
federal tolling authority and in July 2009 entered into an agreement with FHWA making the I-15
CIP part of the VPPP. This agreement provides the Commission the federal authority to build
and operate two tolled express lanes in each direction within the I-15 corridor.
Economic Challenges and the Impact on the Commission’s Toll Projects
The Commission’s 10-Year Delivery Plan was conceived and approved in 2006, a bullish
economic time when the unemployment rate was at 4.6 percent in the county. Since that
economic peak, state and federal funding for freeway transportation projects has generally
been in decline for a variety of reasons and the recession that began around 2007 hastened
that trend. At the January 2010 annual workshop, the Commission adopted a re-prioritization
strategy that bifurcated the 10-Year Delivery Plan projects between the Commission’s highest
priority projects and the remaining projects. Projects in the I-215 and SR-91 corridors, among
Agenda Item 7
2
others, were categorized as the highest priority and staff was directed to continue to develop
these projects using Measure A and other funding sources.
The I-15 CIP was not placed in the highest priority category, making less Measure A dollars
available for the I-15 corridor in the first 10 years of the renewed measure and beyond. Staff
was instructed to complete the current work (preliminary engineering and environmental
studies), re-evaluate the project work scope and financial plan, and return to the Commission
with an update and a recommended path forward.
Through this ongoing re-evaluation effort an ad hoc committee, composed primarily of
Commissioners representing cities along the I-15 corridor, was created to discuss and provide
input to the development of a new I-15 CIP scope of work and provide staff direction. Several
guiding principles and practical constraints emerged, further guiding the I-15 CIP development
and the ultimate recommendation of the ad hoc committee and staff. They are as follows:
• Minimize the use of Measure A in the short/mid-term;
• Maximize the value of improvements by building in the portion of the I-15 corridor with
the greatest need for congestion relief:
o Most bang for the buck approach;
• Build off the investment being made on SR-91 by constructing tolled express lanes on
I-15, north and south of SR-91:
o Complete construction by 2020 to provide some relief soonest but not start
construction until after the completion of the SR-91 CIP construction;
• Recognize, support, and advocate for other I-15 corridor improvements constructed by
other projects:
o SR-91 CIP scheduled to open to traffic in 2017; and
o Interchange improvements within the I-15 corridor such as Limonite Avenue and
Cajalco Road;
• Construct tolled express lanes in an area where they are financially feasible; and
• Meet the Measure A voter commitment:
o Build at least one lane in each direction from SR-60 to Cajalco Road; and
o Measure A funds not spent on the I-15 CIP can be allocated to future I-15
corridor projects and/or other Commission programs and projects.
Project Scope Alternatives
Project scope alternatives were created and analyzed that varied in number of lanes, type of
lanes (e.g. carpool, general purpose, tolled express), construction completion dates, location
within the I-15 corridor (SR-60 to I-215), and other factors. These alternatives were then
narrowed to a shorter list for further detailed evaluation and the results were presented to the
ad hoc committee. Ultimately, at its September 2012 meeting, the ad hoc committee adopted
the Tolled Express Lanes by 2020 which proposes one to two tolled express lanes in each
Agenda Item 7
3
direction for 14.6 miles from Cajalco Road to SR-60. This alternative best met the guiding
principles established by the Ad Hoc Committee.
This alternative is estimated to cost $425-450 million (2013) for development and construction.
The proposed funding is as follows:
$166 million Measure A (possibly offset by state/federal funds, e.g. CMAQ)
$134 million Toll revenue bonds (paid back by future toll revenue)
$134 million Federal TIFIA loan (paid back by future toll revenue)
$ 1 million Interest income during construction
$435 million Total cost
In an effort to differentiate between the original 44 mile project and the now resized 14.6 mile
I-15 toll project, the project was renamed the I-15 Express Lanes project.
The September 2012 action by the Commission set two major efforts in motion: analysis of the
project delivery models that best met the project’s guiding principles, scope, and traffic and
revenue projections and the completion of the Project Approval and Environmental Document
(PA&ED) efforts. In order to determine the best project delivery model, working groups were
established with experts from Parsons Brinckerhoff/Stantec; KPMG; Fieldman Rolapp &
Associates; Nossaman; HDR, Inc.; and staff that analyzed the traffic and revenue for the
selected alternative and the financial plans associated with the various delivery options. The
following delivery options were considered:
• Design-Bid-Build
• Construction Manager/General Contractor
• Design-Build
• Design-Build-Finance
• Design-Build-Finance-Operate-Maintain
• Design-Build-Finance-Operate-Maintain
After many months of analysis and detailed presentations of the results at both the November
2013 and the January 2014 ad hoc committee meetings, staff was directed to proceed with a
design-build delivery model since it best met the project’s guiding principles and leveraged the
Commission’s 91 Project experience.
The other major effort that has been underway since the 2012 adoption of the resized project is
the completion of the PA&ED for the resized project. Of the numerous environmental and
design studies, 15 have been approved/concurred with by Caltrans and the remaining few are
in the final stages of review and approval with the draft environmental document (Initial
Study/Environmental Assessment (IS/EA)) and draft project report scheduled to circulate for
public review and comment this summer. The final approval of the IS/EA is anticipated in
Spring 2016.
Agenda Item 7
4
In preparation for the start of the design-build and project financing phases and future toll
operations, staff proposes to hire a PCM firm, dedicated to delivering the I-15 Express Lanes
project. The PCM firm would be an extension of the Commission with a single focus – deliver
the I-15 Express Lanes project through the final engineering, construction, systems integration,
and toll operation start up phases.
PCM Firm’s Role
The PCM firm will provide skilled and experienced professionals to perform engineering,
management, construction oversight, and other services. Staff sought the highest quality, A-
team from firms with national resources and experience. These resources will be scaled up or
down as needed to meet the staffing needs during the course of this challenging project. The
PCM firm will bring in the right resources at the right time resulting in efficient use of people
and money. Initially, these resources will work on tolling policy, interagency agreements such
as a toll facility agreement, advanced final engineering to support environmental permits, and
procurement strategy for a design-builder, systems integrator, and toll operator. Unlike the 91
Project that utilized the 91 Express Lanes existing systems integrator and toll operator, the I-15
Express Lanes project does not have either of these services under contract. The PCM will
evaluate and recommend a procurement strategy and schedule for these services. Once the
design-build contract is awarded, the PCM firm will also perform engineering plan reviews,
inspect materials and construction, administer the design-build contract, and other duties. A
summary of the PCM’s main responsibilities is listed in Table 1 below.
TABLE 1 Scope of Work Summary for the PCM Firm
PCM DUTIES
Agreements and Agency Coordination
• Caltrans – franchise agreement, design/right of way/construction, maintenance,
utility companies, railroads;
• California Highway Patrol – toll violation enforcement;
• California Toll Operators Committee – user fee processing
Right of Way Acquisition
• right of way engineering, appraisals, temporary construction, permanent, and
utility easements, relocations, etc.
Utility Relocation
• agreements, coordination, and advanced utility relocation plans
Procurement of Design-Builder
• risk analysis, procurement strategy, industry review, request for qualifications,
request for proposal, one-on-one meetings, alternate technical proposals, design-
build contract provision input, selection process, contract negotiations, contract
award process, etc.
Agenda Item 7
5
Advanced Engineering to Support the RFP and Agreements
• Perform limited, advanced engineering in several areas including long lead time
bridges, surveying, stage construction, geotechnical explorations/reports, etc.
prior to the procurement of a design-builder. Coordinate with existing PA&ED
firm(s) as necessary for information and engineering work in support of the
design-build RFP
Project Controls and Implementation Planning
• schedule, budget, document control system, forecasting, reporting, project
management plans, project procedures
Design-Build Industry Outreach
• Associated General Contractors, consultants, suppliers
Design-Build Contract Administration
• safety program, insurance program, invoice reviews, quality assurance/quality
control program adherence, contract amendments, etc.
Design Plan Reviews
• review all permanent and temporary engineering plans and specifications,
contract compliance
Design Oversight
• represent the Commission with Caltrans and the design-builder on all engineering
issues, facilitate other agency reviews/approvals
Construction Quality Assurance
• owner verification of quality through inspection and material sampling, final
owner acceptance, safety reviews, etc.
Project Closeout
• project records, right of way transfer, punch list activities, Caltrans project
approval, etc.
Identify Technology Requirements
• tolling, information technology services, etc.
Procurement of a Systems Integrator
• risk analysis, procurement strategy and technical requirements, request for
qualifications, request for proposal, selection process, contract negotiations,
contract award process, etc.
Procurement of a Toll Operator
• risk analysis, procurement strategy, request for qualifications, request for
proposal, selection process, contract negotiations, contract award process, etc.
Toll Operation Startup
Partnering
• aid in partnering between the Commission and the design-builder
Project Financing
• perform independent engineer role, prepare general engineer’s report, and
provide certifications for bond proceed requisitions related to project financing
efforts
Agenda Item 7
6
Public Information/Outreach
• web sites, public meetings, newsletters, media reports, community outreach
presentations, etc.
Environmental Mitigation Implementation and Revalidation Efforts
• confirmation of implementation of commitments made during the NEPA/CEQA
process, revalidation of changed environmental conditions during construction
The schedule for the PCM role on the project is as follows:
Develop Agreements/Strategies At Notice to Proceed
Begin Design-Build Procurement Winter 2016
Award Design-Build Contract Spring 2017
Financial Close Summer 2017
Start of Construction Spring 2018
Completion of Construction 2020
Completion of PCM Contract 2021
Procurement Process for the PCM
Pursuant to Government Code 4525 et seq, selection of architectural, engineering, and related
services, including construction project management, shall be on the basis of demonstrated
competence and on professional qualifications necessary for the satisfactory performance of
the services required. Therefore, staff used the qualification method of selection for the
procurement of these services.
Request for Qualifications (RFQ) No. 15-31-001-00 for PCM services was released by staff
September 24, 2014. A public notice was advertised in the Press Enterprise and the RFQ was
posted to the Commission’s PlanetBids website, which is accessible through the Commission’s
website. A pre-submittal conference was held on October 16 and attended by 28 firms. Staff
responded to all questions and requests for clarification submitted by potential proposers prior
to the October 23 written question deadline. Four firms – PTG; HDR Engineering, Inc.; Hill
International, Inc.; and CH2M Hill, Inc. – submitted responsive statements of qualifications
(SOQs) prior to the 2:00 p.m. submittal deadline on November 20.
Utilizing the evaluation criteria set forth in the RFQ, the firms were evaluated and scored by an
evaluation panel comprised of two Commission staff members, two Caltrans staff members,
and a representative from SANBAG. Evaluation criteria included the following elements:
• Corporate qualifications of the offeror and team;
• Qualifications of key team personnel;
• Project management organization and approach;
• Design management approach;
• Tolling approach;
Agenda Item 7
7
" C o n s t r u c t i o n m a n a g e m e n t a p p r o a c h ; a n d
" C o n t r a c t s m a n a g e m e n t a n d p r o c u r e m e n t a p p r o a c h .
B a s e d o n t h e e v a l u a t i o n p a n e l s a s s e s s m e n t o f t h e S O Q s a n d p u r s u a n t t o t h e t e r m s o f t h e R F Q ,
t h e e v a l u a t i o n p a n e l s h o r t l i s t e d a n d i n v i t e d t w o f i r m s P T G a n d H D R E n g i n e e r i n g , I n c . t o t h e
i n t e r v i e w p h a s e o f t h e e v a l u a t i o n a n d s e l e c t i o n p r o c e s s . T h e S O Q s c o r e c o u n t e d f o r 6 0 p e r c e n t
o f t h e o v e r a l l c o m b i n e d s c o r e a n d t h e i n t e r v i e w c o u n t e d 4 0 p e r c e n t . I n t e r v i e w s w e r e
c o n d u c t e d a n d s c o r e d u s i n g t h e s a m e e v a l u a t i o n c r i t e r i a o n D e c e m b e r 1 8 .
S u b s e q u e n t l y , t h e e v a l u a t i o n p a n e l d e t e r m i n e d P T G t o b e t h e m o s t q u a l i f i e d f i r m t o p r o v i d e
P C M s e r v i c e s f o r t h e I - 1 5 E x p r e s s L a n e s p r o j e c t , a s i t e a r n e d t h e h i g h e s t t o t a l e v a l u a t i o n s c o r e .
N e g o t i a t i o n o f C o n t r a c t T e r m s , S c o p e , S c h e d u l e , a n d C o s t
I m m e d i a t e l y a f t e r t h e e v a l u a t i o n p a n e l d e e m e d P T G a s t h e m o s t q u a l i f i e d f i r m f o r t h e s c o p e o f
s e r v i c e s , s t a f f b e g a n n e g o t i a t i o n s t o f i n a l i z e c o n t r a c t t e r m s , s c o p e , s c h e d u l e , a n d c o s t . I n
a d d i t i o n , s t a f f c o n d u c t e d a p r e - a w a r d a u d i t o f P T G a n d e i g h t o f i t s s u b c o n s u l t a n t s . A t t a c h e d i s
t h e c o n t r a c t i n c l u d i n g a t t a c h m e n t s f o r w o r k s c o p e ( E x h i b i t A ) , s c h e d u l e ( E x h i b i t B ) , a n d a
s u m m a r y o f t h e c o n t r a c t c o s t ( E x h i b i t C ) . T h e f i n a l c o n t r a c t c o s t w a s n e g o t i a t e d a n d b a s e d o n
t h e r e s u l t s o f t h e p r e - a w a r d a u d i t . D o c u m e n t a t i o n a n d d e t a i l s o f c o n t r a c t c o s t w i l l b e p r o v i d e d
w i t h t h e a g e n d a i t e m p r e s e n t e d t o t h e C o m m i s s i o n , a s t h i s i n f o r m a t i o n i s i n t h e p r o c e s s o f f i n a l
r e v i e w a n d a c c e p t a n c e .
P r e v i o u s s e c t i o n s o f t h i s s t a f f r e p o r t s u m m a r i z e t h e P C M s c o p e o f w o r k a n d s c h e d u l e f o r t h e
c o n t r a c t . S t a f f t e n t a t i v e l y n e g o t i a t e d a b a s e c o n t r a c t v a l u e o f $ 5 0 , 6 2 5 , 8 0 7 w i t h a c o n t i n g e n c y
o f $ 4 , 0 5 0 , 0 6 5 ( 8 p e r c e n t o f t h e b a s e c o n t r a c t v a l u e ) f o r a t o t a l n o t t o e x c e e d a m o u n t o f
$ 5 4 , 6 7 5 , 8 7 2 f o r a n a p p r o x i m a t e c o n t r a c t t e r m o f s i x y e a r s .
P a r s o n s T r a n s p o r t a t i o n G r o u p Q u a l i f i c a t i o n s a n d B a c k g r o u n d
P T G , h e a d q u a r t e r e d i n P a s a d e n a , i s a n i n t e r n a t i o n a l l y r e c o g n i z e d e n g i n e e r i n g a n d c o n s t r u c t i o n
c o m p a n y w i t h o v e r 1 5 , 0 0 0 e m p l o y e e s w o r k i n g o n m o r e t h a n 5 , 0 0 0 p r o j e c t s i n 5 0 s t a t e s a n d 3 0
c o u n t r i e s . T h e r e f o r e , i t c a n p r o v i d e t h e f u l l r a n g e o f s e r v i c e s a s w e l l a s d e p t h o f r e s o u r c e s
n e e d e d t o m e e t t h e c h a l l e n g e s o f t h e I - 1 5 E L P . T h e c o m p a n y b r i n g s n a t i o n a l A - t e a m e x p e r t i s e
t o b e a r i n d e s i g n - b u i l d , t o l l i n g , a n d c o m p l e x f r e e w a y c o n s t r u c t i o n p r o j e c t s .
L o c a l l y , P T G h a s o f f i c e s i n O n t a r i o , I r v i n e , a n d S a n D i e g o a n d h a s t e a m e d w i t h o t h e r f i r m s
i n c l u d i n g P a r s o n s B r i n c k e r h o f f , I n c . ; S i m o n W o n g E n g i n e e r i n g ; O v e r l a n d , P a c i f i c & C u t l e r , I n c . ;
P s o m a s ; G r o u p D e l t a C o n s u l t a n t s , I n c . ; G C A P S e r v i c e s , I n c . ; R T E n g i n e e r i n g a n d A s s o c i a t e s , I n c . ;
S 2 E n g i n e e r i n g ; T e c h n o l o g y P a r t n e r z , L t d . ; a n d T r a n s p o r t a t i o n I n n o v a t i o n s , I n c . P T G h a s
s i g n i f i c a n t S o u t h e r n C a l i f o r n i a e x p e r i e n c e i n l a r g e d e s i g n - b u i l d p r o j e c t s i n c l u d i n g i t s r o l e a s t h e
P C M f o r t h e C o m m i s s i o n s 9 1 P r o j e c t , t h e S R - 2 2 d e s i g n - b u i l d p r o j e c t i n O r a n g e C o u n t y , a n d t h e
S R - 1 2 5 S o u t h b a y E x p r e s s w a y t o l l r o a d p r o j e c t i n S a n D i e g o C o u n t y .
A g e n d a I t e m 7
8
Staff Recommendation
Staff recommends the Commission approve the consultant selection process and award
Agreement No. 15-31-001-00 to PTG to provide PCM services for the I-15 Express Lanes project
in the amount of $50,625,807, plus a contingency of $4,050,065 for a total amount not to
exceed $54,675,872.
Further, staff recommends the Commission authorize the Chair or Executive Director, pursuant
to legal counsel review, to execute the agreement on behalf of the Commission and authorize
the Executive Director or designee to approve contingency work up to the total amount not to
exceed as required for the project.
Financial Information
In Fiscal Year Budget: Yes
No Year: FY 2015/16
FY 2016+ Amount: $500,000
$54,175,872
Source of Funds: 2009 Measure A Western County Highway;
debt financing proceeds Budget Adjustment: No
N/A
GLA No.: 003027 81601 00009 0000 262 31 81601
Fiscal Procedures Approved: Date: 03/12/2015
Attachment: Agreement No. 15-31-001-00 with Exhibits for Work Scope, Schedule, and
summary of Cost
Agenda Item 7
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Project and Construction Manager
Western Riverside County Programs and Projects
Committee
March 23, 2015
Presentation Overview
•10 year delivery plan and
history
•Guiding principles and Project
scope
•Project and Construction
Manager (PCM) role
•Procurement summary
•Staff Recommendations
10 Year Delivery Plan
•2006 - Developed a 10-year delivery plan for the
2009-2039 Measure A extension
–Performed initial toll feasibility study
–Concluded portions of SR-91 and I-15 corridors were
generally feasible for tolling
–Started initial project planning of preliminary engineering,
scoping, and traffic & revenue study work
History
•2008 - Awarded project approval and environmental
document (PA&ED) scope of services to HDR, Inc.
•2010 – Commission reprioritized 10-year delivery plan
projects
–Economic recession, reduced Measure A projections
–I-15 was not categorized as a top priority project
•2011- established the I-15 Ad Hoc committee
–Goal: Re-evaluate I-15 and find a financially feasible project
–Established seven guiding principles used to evaluate various
project alternatives
Guiding Principles
Emerged
•Minimize the use of Measure A
•Maximize the value of improvements
–Build first in area of greatest need for congestion relief
–“Most bang for the buck” approach
•Build on the 91 Project improvements
–Extend congestion relief north and south of SR-91
–Tolled Express Lanes
•Build meaningful improvements ASAP
–Start construction after the 91 Project is open
–Complete construction in 2020
Guiding Principles
Emerged (cont.)
•Recognize and support other I-15 Projects
–Interchange improvements like Limonite Avenue and
Cajalco Road
•Construct tolled express lanes where financially
feasible
–Generate revenue for 50 years of O&M costs and majority
of initial construction
–Future surplus revenue (if any) will fund future I-15
corridor improvements
•Meet Measure A voter commitment
–Construct a lane in each direction
Right-Sized
Project Scope
•2013 – Commission adopts
I-15 Express Lanes from
Cajalco to SR-60 by 2020 as
the “right sized” project
•From Cajalco Road to SR-60
–One to two tolled express
lanes
–Project length: 14.6 miles
•Alternatives
–No-build
–Build Alternative
Post 2013
•2013 - Staff began reviewing various delivery models
for the I-15 Express Lanes Project
•2013 - Staff and HDR team work to environmentally
clear the “right-sized” Project
–Summer 2015 – Expected circulation of the draft Initial
Study/Environmental Assessment
•2014 - January meeting, Ad Hoc Committee
authorized a Design-Build delivery model
–Best met guiding principles and leveraged 91 experience
PCM
•A dedicated single focus extension of the Commission
•Skilled and experienced professionals
–Tolling planning, procurement, perform engineering,
management, construction oversight, and other services
•High-quality, “A-team” firm
–National resources, tolling expertise, and design-build and
“mega” project experience
•Resources
–Scale resources up and down, right resource at the right time
resulting in efficient use of people and money
PCM Scope
•Notice to Proceed to Financial Close ~ 26 months
•Major scope items
•Agreements and agency coordination
•Procurement strategies and design-builder
•Financing
Phase 1
•Design-build work ~ 36 months
•Major scope items
•Oversight of design-build contract
•Engineering reviews and construction management
•Procurement of a systems integrator/toll operator
Phase 2
•Project closeout ~ 12 months
•Major scope items
•Closeout of design-build contract and toll system work
•Support of the initial start up and operations
Phase 3
Procurement Summary
•September 24, 2014 – issued request for qualifications
•December 18, 2014 – received four Statements of
Qualifications (SOQs)
–HDR Inc.
–Hill International
–CH2MHill
–Parsons Transportation Group (PTG)
•Five member selection panel made up of staff, Caltrans,
and SANBAG
•January 18, 2015 – interviewed two shortlisted firms
–HDR Inc.
–PTG
Procurement Summary
Continued:
•Evaluation panel determined PTG was the most
qualified firm based on their SOQ and interview
•Completed negotiations finalizing contract terms,
scope, schedule, and costs
–Attachments to this item
•Completed a pre-award audit
–Addressed audit recommendations and resolved all findings
Staff Recommendation
Approve the consultant selection process and award
agreement No. 15-31-001-00 to PTG to provide PCM
service the I-15 Express Lanes Project in the amount of
$50,625,807 plus a contingency of $4,050,065 for a
total not to exceed amount of $54,675,872.
AGENDA ITEM 8
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: March 23, 2015
TO: Western Riverside County Programs and Projects Committee
FROM: Michael Blomquist, Toll Program Director
THROUGH: Anne Mayer, Executive Director
SUBJECT: Interstate 15 Express Lanes Project Investment Grade Traffic and Revenue
Study Services
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Award Agreement No. 15-31-048-00 to Stantec Consulting Services, Inc. (Stantec) for
investment grade traffic and revenue study services for the Interstate 15 Express Lanes
Project in the amount of $ 1.1 million, plus a contingency amount of $100,000, for a
total amount not to exceed $ 1.2 million;
2) Authorize the Chair or Executive Director, pursuant to legal counsel review and
completion of the pre-award audit, to execute the agreement on behalf of the
Commission;
3) Authorize the Executive Director or designee to approve contingency work up to the
total not to exceed amount as required for the agreement; and
4) Forward to the Commission for final action.
BACKGROUND INFORMATION:
Project Description
The I-15 Express Lanes Project is part of the Commission’s 2009 Measure A Western Riverside
County Highway 10-Year Delivery Plan. The I-15 Express Lanes Project will improve the I-15
freeway in northern Riverside County. The project will construct one to two tolled express
lanes in each direction between the I-15/Cajalco Road interchange in Corona and the I-15/State
Route 60 interchange just south of the Riverside/San Bernardino County line – approximately
14 miles. The tolled express lanes will be constructed in the existing I-15 freeway median and
are planned to open in 2020. Proposed roadway improvements are anticipated to be
constructed entirely within existing Caltrans freeway right of way with the majority of the
improvements occurring within the existing I-I5 median. The Commission will operate and
maintain the tolled express lanes after opening.
Agenda Item 8
110
Project Funding and Financing Plan
The current proposed project funding and financing plan consists of four key sources:
1) Toll Revenue Bonds – Issued by the Commission and repaid from net project revenues.
2) Transportation Infrastructure Finance and Innovation Act (TIFIA) Loan – Subordinate
debt to the toll revenue bonds to be obtained by the Commission from the US
Department of Transportation TIFIA program and repaid from net project revenues.
3) Federal Congestion Mitigation and Air Quality (CMAQ) Improvement Funds – Federal
grant funds supporting surface transportation projects that contribute air quality
improvements and provide congestion relief.
4) Measure A Sales Tax – To be funded both on a pay as you go basis and through Measure
A sales tax revenue bonds issued by the Commission.
The successful sale of toll revenue bonds and securing a federal TIFIA loan is dependent on
many factors including the preparation of an investment grade traffic and revenue study. This
study needs to support the Commission obtaining investment grade toll revenue bond ratings
from Moody’s Investor Service, Fitch Ratings, and/or Standard & Poor’s Rating Service. The
investment grade traffic and revenue study will also support the future I-15 Express Lanes
Project toll policy to be developed and ultimately approved by the Commission.
In addition to this procurement for an investment grade traffic and revenue study, related
procurements for a project and construction manager and underwriter services have been
conducted concurrently. These procurements are the subject of other staff reports for the April
Commission meeting. Additionally, Commissioner Tavaglione, the Commission’s financial
advisor, and staff made a presentation to USDOT TIFIA Joint Program Office staff in December
2014 to provide a briefing on the I-15 Express Lanes Project and proposed schedule through
construction completion and opening of the express lanes. The schedule estimates completion
of financing activities will occur in the summer 2017. Accordingly, it is critical to begin the
investment grade traffic and revenue study now to support that project delivery schedule. This
study is anticipated to take approximately 11 months to complete.
Procurement Process
Staff determined the weighted factor method of source selection to be the most appropriate
for this procurement, as it allows the Commission to identify the most advantageous proposal
with price and other factors considered. Non-price factors include elements such as
qualifications of firm and personnel and project approach and understanding as set forth under
the terms of Request for Proposals (RFP) No. 15-31-048-00.
RFP No. 15-31-048-00 for the Investment Grade Traffic and Revenue Study for the I-15 Express
Lanes Project was released by staff on December 30, 2014. A public notice was advertised in
the Press Enterprise, and the RFP was posted on the Commission’s PlanetBids website, which is
accessible through the Commission’s website. Utilizing PlanetBids, emails were sent to 280
Agenda Item 8
111
firms, 40 of which are located in Riverside County. Through the PlanetBids site, 40 firms
downloaded the RFP; 5 of these firms are located in Riverside County. Staff responded to all
questions submitted by potential proposers prior to the January 22 clarification deadline date.
One firm, Stantec, submitted a responsive proposal prior to the 2:00 p.m. submittal deadline on
February 12. Utilizing the evaluation criteria set forth in the RFP, Stantec was evaluated and
scored by an evaluation committee comprised of Commission staff and the Commission’s
financial advisor.
The evaluation committee did not conduct an interview after scoring the written proposal, as it
was deemed unnecessary because sufficient qualification was demonstrated in Stantec’s
proposal and based on its prior performance for the Commission. Subsequently, staff
negotiated the scope, cost, and schedule with Stantec for the project services and established a
fair and reasonable price.
Upon receipt of a single bid or a single proposal in response to a solicitation, staff determines if
competition was fair, open, and adequate. This includes a review of the specifications for
undue restrictiveness and may include a survey of potential sources that chose not to submit a
bid or proposal. Competition is determined adequate when reasons for few responses were
caused by conditions beyond staff control. For example, a potential proposer had other
business priorities and chose not to submit for business reasons.
As a result of receiving a single proposal, staff reviewed the specifications for RFP
No. 15-31-048-00 and determined there were no undue restrictions contained in the RFP.
Additionally, on February 18, 2015, three firms that specialize in traffic and revenue studies
were contacted in order to determine why the firms did not submit a proposal.
Responses received by staff from the three firms contacted are as follows:
• One firm indicated that most of its resources are currently committed to another
project.
• Two firms expressed concerns about potentially being precluded from participation on
the design-build portion of the I-15 Express Lanes Project.
Based on its review, staff determined the scope of work and other terms and conditions were
not unnecessarily or excessively restrictive, an adequate opportunity to compete was provided,
the RFP was sufficiently advertised, and factors other than the solicitation were responsible for
the additional firms not submitting a proposal. Further, staff concluded the requirements
contained in the RFP are reasonable and necessary in order to ensure timely, efficient, and
reliable implementation of the I-15 Express Lanes Project by the selected traffic and revenue
consultant.
Agenda Item 8
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Staff Recommendation
Staff recommends the Commission award Agreement No. 15-31-048-00 to Stantec to provide
an investment grade traffic and revenue study for the I-15 Express Lanes Project. Further, staff
recommends the Commission authorize the Chair or Executive Director, pursuant to legal
counsel review and completion of the pre-award audit, to execute the agreement on behalf of
the Commission and authorize the Executive Director or designee to approve contingency work
up to the total not to exceed amount as required for the agreement. The final contract amount
may change pending results of the pre-award audit.
Financial Information
In Fiscal Year Budget: Yes
N/A Year: FY 2014/15
FY 2015/16 Amount: $300,000
$900,000
Source of Funds: 2009 Measure A Western County
Highway Budget Adjustment: No
N/A
GL/Project Accounting No.: 003027 65520 00009 0000 262 31 65520
Fiscal Procedures Approved: Date: 03/11/2015
Attachment: Agreement for Investment Grade Traffic and Revenue Study Services for the I-15
Express Lanes Project with Stantec Consulting Services, Inc.
Agenda Item 8
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Agreement No. 15-31-048-00
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AGREEMENT FOR INVESTMENT GRADE TRAFFIC AND REVENUE STUDY
SERVICES FOR THE I-15 EXPRESS LANES PROJECT
WITH STANTEC CONSULTING SERVICES, INC.
1. PARTIES AND DATE.
This Agreement is made and entered into this day of April, 2015, by and
between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("the Co-
mmission") and STANTEC CONSULTING SERVICES, INC. ("Consultant"), a New York
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 investment grade traffic and revenue study 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 I-15 Express Lanes Project ("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.
3.2 Term. The term of this Agreement shall be from the date first specified
above to July 31, 2020, 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.
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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 "A" 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 Commission 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 Contractor; 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 retains Consultant on an independent contractor basis and
Consultant is not an employee of Commission. Consultant retains the right to perform
similar or different services for others during the term of this Agreement. Any additional
personnel performing the Services under this Agreement on behalf of Consultant shall not
be employees of Commission and shall at all times be under Consultant's exclusive
direction and control. Consultant shall pay all wages, salaries, and other amounts due such
personnel in connection with their performance of Services under this Agreement and as
required by law. Consultant shall be responsible for all reports and obligations respecting
such additional personnel, including, but not limited to: social security taxes, income tax
withholding, unemployment insurance, and workers' compensation insurance.
3.5 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval 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: Steven Abendschein, Sheldon Mar, Thomas
Harknett, Nick Amrhein.
3.7 Commission’s Representative. Commission hereby designates the
Executive Director, or her designee, to act as its representative for the performance of this
Agreement ("Commission’s Representative"). Commission's 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 Steven
Abendschein, or his or her designee, to act as its representative for the performance of this
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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 skillful and competent manner, consistent with the standard
generally recognized as being employed by professionals in the same discipline in the
State of California. Consultant represents and maintains that it is skilled in the professional
calling necessary to perform the Services. Consultant warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned
to them. Finally, Consultant represents that it, its employees and subcontractors have all
licenses, permits, qualifications and approvals of whatever nature that are legally required
to perform the Services and that such licenses and approvals shall be maintained
throughout the term of this Agreement. Consultant shall perform, at its own cost and
expense and without reimbursement from Commission, any Services necessary to correct
errors or omissions which are caused by the Consultant’s failure to comply with the
standard of care provided for herein, and shall be fully responsible to the Commission for all
damages and other liabilities provided for in the indemnification provisions of this
Agreement arising from the Consultant’s errors and omissions.
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.
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3.12 Insurance.
3.12.1 Time for Compliance. Consultant 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 a form and with insurance
companies acceptable to the Commission. 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 of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least
as broad as the latest version of the following: (1) General Liability: Insurance Services
Office Commercial General Liability coverage (occurrence form CG 0001 or exact
equivalent); (2) Automobile Liability: Insurance Services Office Business Auto Coverage
(form CA 0001, code 1 (any auto) or exact equivalent); and (3) Workers’ Compensation and
Employer’s Liability: Workers’ Compensation insurance as required by the State of
California and Employer’s Liability Insurance.
(B) Minimum Limits of Insurance. Consultant shall maintain
limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability Insurance or other
form with general aggregate limit is used, either the general aggregate limit shall apply
separately to this Agreement/location or the general aggregate limit shall be twice the
required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury
and property damage; and (3) if Consultant has an employees, Workers’ Compensation
and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of
the State of California. Employer’s 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.
This insurance shall be endorsed to include contractual liability applicable to this
Agreement and shall be written on a policy form coverage specifically designed to protect
against acts, errors or omissions of the Consultant. “Covered Professional Services” as
designated in the policy must specifically include work performed under this Agreement.
The policy must “pay on behalf of” the insured and must include a provision establishing the
insurer's duty to defend.
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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:
(A) General Liability.
(i) Commercial General Liability Insurance must
include coverage for (1) Bodily Injury and Property Damage; (2) Personal Injury/Advertising
Injury; (3) Premises/Operations Liability; (4) Products/Completed Operations Liability; (5)
Aggregate Limits that Apply per Project; (6) Explosion, Collapse and Underground (UCX)
exclusion deleted; (7) Contractual Liability with respect to this Agreement; (8) Broad Form
Property Damage; and (9) Independent Consultants Coverage.
(ii) The policy shall contain no endorsements or
provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims
or suits by one insured against another; or (3) contain any other exclusion contrary to the
Agreement.
(iii) The policy shall give the Commission, its directors,
officials, officers, employees, and agents insured status using ISO endorsement forms 20
10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(iv) The additional insured coverage under the policy
shall be “primary and non-contributory” and will not seek contribution from the
Commission’s insurance or self-insurance and shall be at least as broad as CG 20 01 04
13, or endorsements providing the exact same coverage.
(B) Automobile Liability.
(i) The automobile 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 ownership, operation, maintenance,
use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant
or for which the Consultant is responsible; and (2) the insurance coverage shall be primary
insurance as respects the Commission, its directors, officials, officers, employees and
agents, or if excess, shall stand in an unbroken chain of coverage excess 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.
(C) Workers’ Compensation and Employers Liability
Coverage.
(i) Consultant certifies that he/she is aware of the
provisions of Section 3700 of the California Labor Code which requires every employer to
be insured against liability for workers’ compensation or to undertake self-insurance in
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accordance with the provisions of that code, and he/she will comply with such provisions
before commencing work under this Agreement.
(ii) The insurer shall agree to waive all rights of
subrogation against the Commission, its directors, officials, officers, employees and agents
for losses paid under the terms of the insurance policy which arise from work performed by
the Consultant.
(D) All Coverages.
(i) Defense costs shall be payable in addition to the
limits set forth hereunder.
(ii) Requirements of specific coverage or limits
contained in this section are not intended as a limitation on coverage, limits, or other
requirement, or a waiver of any coverage normally provided by any insurance. It shall be a
requirement under this Agreement that any available insurance proceeds broader than or in
excess of the specified minimum insurance coverage requirements and/or limits set forth
herein shall be available to the Commission, its directors, officials, officers, employees and
agents as additional insureds under said policies. Furthermore, the requirements for
coverage and limits shall be (1) the minimum coverage and limits specified in this
Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance
policy or proceeds available to the named insured; whichever is greater.
(iii) The limits of insurance required in this Agreement
may be satisfied by a combination of primary and umbrella or excess insurance. Any
umbrella or excess insurance shall contain or be endorsed to contain a provision that such
coverage shall also apply on a primary and non-contributory basis for the benefit of the
Commission (if agreed to in a written contract or agreement) before the Commission’s own
insurance or self-insurance shall be called upon to protect it as a named insured. The
umbrella/excess policy shall be provided on a “following form” basis with coverage at least
as broad as provided on the underlying policy(ies).
(iv) Consultant shall provide the Commission at least
thirty (30) days prior written notice of cancellation of any policy required by this Agreement,
except that the Consultant shall provide at least ten (10) days prior written notice of
cancellation of any such policy due to non-payment of premium. If any of the required
coverage is cancelled or expires during the term of this Agreement, the Consultant shall
deliver renewal certificate(s) including the General Liability Additional Insured Endorsement
to the Commission at least ten (10) days prior to the effective date of cancellation or
expiration.
(v) The retroactive date (if any) of each policy is to be
no later than the effective date of this Agreement. Consultant shall maintain such coverage
continuously for a period of at least three years after the completion of the work under this
Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the
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retroactive date is advanced past the effective date of this Agreement; B) if the policy is
cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with
a retroactive date subsequent to the effective date of this Agreement.
(vi) The foregoing requirements as to the types and
limits of insurance coverage to be maintained by Consultant, and any approval of said
insurance by the Commission, is not intended to and shall not in any manner limit or qualify
the liabilities and obligations otherwise assumed by the Consultant pursuant to this
Agreement, including but not limited to, the provisions concerning indemnification.
(vii) If at any time during the life of the Agreement, any
policy of insurance required under this Agreement does not comply with these
specifications or is canceled and not replaced, Commission has the right but not the duty to
obtain the insurance it deems necessary and any premium paid by Commission will be
promptly reimbursed by Consultant or Commission will withhold amounts sufficient to pay
premium from Consultant payments. In the alternative, Commission may cancel this
Agreement. The Commission may require the Consultant to provide complete copies of all
insurance policies in effect for the duration of the Project.
(viii) Neither the Commission nor any of its directors,
officials, officers, employees or agents shall be personally responsible for any liability
arising under or by virtue of this Agreement.
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.
3.12.6 Acceptability of Insurers. Insurance is to be placed with insurers
with a current A.M. Best’s rating no less than A:VIII, 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 commences. The Commission reserves the right to
require complete, certified copies of all required insurance policies, at any time.
3.12.8 Subconsultant Insurance Requirements. Consultant shall not
allow any subcontractors or subconsultants to commence work on any subcontract until
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they have provided evidence satisfactory to the Commission that they have secured all
insurance required under this section. Policies of commercial general liability insurance
provided by such subcontractors or subconsultants shall be endorsed to name the
Commission as an additional insured using ISO form CG 20 38 04 13 or an endorsement
providing the exact same coverage. If requested by Consultant, the Commission may
approve different scopes or minimum limits of insurance for particular subcontractors or
subconsultants.
3.13 Safety. Consultant shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Consultant
shall at all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and life saving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing apparel
as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate
facilities for the proper inspection and maintenance of all safety measures.
3.14 Fees and Payment.
3.14.1 Compensation. Consultant shall receive compensation,
including authorized reimbursements, for all Services rendered under this Agreement at the
rates set forth in Exhibit "B" attached hereto. The total compensation shall not exceed ONE
MILLION, ONE HUNDRED THOUSAND DOLLARS ($1,100,000) 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.
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
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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 shall be clearly identifiable. Consultant shall allow a
representative of Commission during normal business hours to examine, audit, and make
transcripts or copies of such records and any other documents created pursuant to this
Agreement. Consultant shall allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of final
payment under this Agreement.
3.16 Termination of Agreement.
3.16.1 Grounds for Termination. Commission may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without
cause by giving written notice to Consultant of such termination, and specifying the
effective date thereof. Upon termination, Consultant shall be compensated only for those
services which have been fully and adequately rendered to Commission through the
effective date of the termination, and Consultant shall be entitled to no further
compensation. Consultant may not terminate this Agreement except for cause.
3.16.2 Effect of Termination. If this Agreement is terminated as
provided herein, Commission may require Consultant to provide all finished or unfinished
Documents and Data, as defined below, and other information of any kind prepared by
Consultant in connection with the performance of Services under this Agreement.
Consultant shall be required to provide such document and other information within fifteen
(15) days of the request.
3.16.3 Additional Services. In the event this Agreement is terminated
in whole or in part as provided herein, Commission may 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:
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CONSULTANT: COMMISSION:
Stantec Consulting Riverside County
Services, Inc. Transportation Commission
50 West 23rd St., 8th Floor 4080 Lemon Street, 3rd Floor
New York, NY 10010 Riverside, CA 92501
Attn: Steven Abendschein 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 works of authorship fixed in any tangible medium of
expression, including but not limited to, physical drawings or data magnetically or otherwise
recorded on computer diskettes, which are prepared or caused to be prepared by
Consultant under this Agreement (“Documents & Data”).
Consultant shall require all subcontractors to agree in writing that
Commission is granted an exclusive and perpetual license for any Documents & Data the
subcontractor prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right
to grant the exclusive and perpetual license for all such Documents & Data. Consultant
makes no such representation and warranty in regard to Documents & Data which were
prepared by design professionals other than Consultant or provided to Consultant by the
Commission.
Commission shall not be limited in any way in its use of the Documents
& Data at any time, provided that any such use not within the purposes intended by this
Agreement shall be at Commission’s sole risk.
3.18.2 Intellectual Property. In addition, Commission shall have and
retain all right, title and interest (including copyright, patent, trade secret and other
proprietary rights) in all plans, specifications, studies, drawings, estimates, materials, data,
computer programs or software and source code, 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.
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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 approval of the Commission.
All materials and documents which were developed or prepared by the
Consultant for general use prior to the execution of this Agreement and which are not the
copyright of any other party or publicly available and any other computer applications, shall
continue to be the property of the Consultant. However, unless otherwise identified and
stated prior to execution of this Agreement, Consultant represents and warrants that it has
the right to grant the exclusive and perpetual license for all such Intellectual Property as
provided herein.
Commission further is granted by Consultant a non-exclusive and
perpetual license to copy, use, modify or sub-license any and all Intellectual Property
otherwise owned by Consultant which is the basis or foundation for any derivative,
collective, insurrectional, or supplemental work created under this Agreement.
3.18.3 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents and Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant.
Such materials shall not, without the prior written consent of Commission, be used by
Consultant for any purposes other than the performance of the Services. Nor shall such
materials be disclosed to any person or entity not connected with the performance of the
Services or the Project. Nothing furnished to Consultant which is otherwise known to
Consultant or is generally known, or has become known, to the related industry shall be
deemed confidential. Consultant shall not use Commission's name or insignia,
photographs of the Project, or any publicity pertaining to the Services or the Project in any
magazine, trade paper, newspaper, television or radio production or other similar medium
without the prior written consent of Commission.
3.18.4 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
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on the Project by Commission of the Documents & 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 convenient to attain the purposes 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 or in 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
wrongful death, in any manner arising out of or incident to any alleged negligent acts,
omissions or willful misconduct of the Consultant, its officials, officers, employees, agents,
consultants, and contractors arising out of or in connection with the performance of the
Services, the Project or this Agreement, including without limitation, the payment of all
consequential damages, attorneys fees and other related costs and expenses. Consultant
shall defend, at Consultant’s own cost, expense and risk, any and all such aforesaid suits,
actions or other legal proceedings of every kind that may be brought or instituted against
the Commission, its directors, officials, officers, agents, consultants, 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 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.
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3.24 Time of Essence. Time is of the essence for each and every provision
of this Agreement.
3.25 Commission's Right to Employ Other Consultants. The Commission
reserves the right to employ other consultants in connection with this Project.
3.26 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties, and shall not be assigned by Consultant without the
prior written consent of Commission.
3.27 Prohibited Interests and Conflicts.
3.27.1 Solicitation. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working
solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that
it has not paid nor has it agreed to pay any company or person, other than a bona fide
employee working solely for Consultant, any fee, commission, percentage, brokerage fee,
gift or other consideration contingent upon or resulting from the award or making of this
Agreement. For breach or violation of this warranty, Commission shall have the right to
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 Employment. 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, 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 discriminate against any employee or applicant
for employment because of race, religion, color, national origin, ancestry, sex or age. Such
non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
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layoff or termination. Consultant shall also comply with all relevant provisions of
Commission's Disadvantaged Business Enterprise program, Affirmative Action Plan or
other related Commission programs or guidelines currently in effect or hereinafter enacted.
3.29 Subcontracting. Consultant shall not subcontract any portion of the
work or Services required by this Agreement, except as expressly stated herein, without
prior written approval of the Commission. Subcontracts, if any, shall contain a provision
making them subject to all provisions stipulated in this Agreement.
3.30 Prevailing Wages. By its execution of this Agreement, Consultant
certified that it is aware of the requirements of California Labor Code Sections 1720 et seq.
and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq.
(“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the
performance of other requirements on certain “public works” and “maintenance” projects. If
the Services are being performed as part of an applicable “public works” or “maintenance”
project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or
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 to execute 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 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.
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The parties expressly understand that the responsibility for compliance with
provisions of this Section and with Sections 1777.5, 1777.6 and 1777.7 of the California
Labor Code in regard to all apprenticeable occupations lies with Consultant.
3.32 No Waiver. Failure of Commission to insist on any one occasion upon
strict compliance with any of the terms, covenants or conditions hereof shall not be deemed
a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any
rights or powers hereunder at any one time or more times be deemed a waiver or
relinquishment of such other right or power at any other time or times.
3.33 Eight-Hour Law. Pursuant to the provisions of the California Labor
Code, eight hours of labor shall constitute a legal day's work, and the time of service of any
worker employed on the work shall be limited and restricted to eight hours during any one
calendar day, and forty hours in any one calendar week, except when payment for overtime
is made at not less than one and one-half the basic rate for all hours worked in excess of
eight hours per day ("Eight-Hour Law"), unless 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 subject to 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 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.
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3.39 Incorporation of Recitals. The recitals set forth above are true and
correct and are incorporated into this Agreement as though fully set forth herein.
3.40 Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the
remaining provisions shall continue in full force and effect.
3.41 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 Headings. 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 written 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]
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SIGNATURE PAGE
TO
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AGREEMENT FOR INVESTMENT GRADE TRAFFIC AND REVENUE STUDY
SERVICES FOR THE I-15 EXPRESS LANES PROJECT
WITH STANTEC CONSULTING SERVICES, INC.
IN WITNESS WHEREOF, this Agreement was executed on the date first
written above.
RIVERSIDE COUNTY STANTEC CONSULTING
TRANSPORTATION COMMISSION SERVICES, INC.
By: __________________________ By: ____________________________
Daryl R. Busch Signature
Chair
___________________________
Name
____________________________
Title
Approved as to Form: Attest:
By: ____________________________ By: ________________________
Best Best & Krieger LLP
General Counsel Its: Secretary
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17336.02101\9599369.1 A-1
EXHIBIT "A"
SCOPE OF SERVICES
[___INSERT___]
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4 Project Approach and Understanding
4.1 Approach and Work Plan
ANALYSIS OF EXISTING DATA / DEVELOPMENT OF DATA COLLECTION PROGRAM
The I-15 corridor has been studied extensively, so the first task will be to gather the
pertinent information for review and evaluation. Useful information will include prior
reports, including our previous traffic and revenue studies; the potential configuration
and characteristics of the I-15 project and current and historical traffic characteristics,
levels and trends in the corridor. Additional information to be reviewed includes
socioeconomic trends in the study area, potential land use developments, and
changes to the regional transportation system.
From our past studies of the I-15 and SR-91, we have an excellent understanding of
where drivers face congestion and why it occurs. A severe traffic problem exists during
the evening rush on the Southbound I-15 south of the 91. Part of the problem is the
reduction in lanes from 5 lanes just south of the 91 down to 3 near El Cerrito Road. High
volumes need to merge into fewer lanes, causing a bottleneck and extensive delays.
The SR 91/ I-15 interchange is also a significant problem, since heavy delays on the SR
91 WB in the morning impact traffic coming from I-15's direct connector ramps. While
we know much about the I-15, we will undertake a comprehensive traffic data
collection program in the corridor, its competing routes, and feeder routes to ensure
that key traffic characteristics are obtained for the T&R analyses.
The data collection may include: (a)
automatic or manual traffic recorder counts,
(b) vehicle speeds, (c) origin-destination
patterns, and (c) traffic composition counts
by time period. Results of these surveys will
be compiled and analyzed, and used for
subsequent tasks.
In previous work efforts, we have reviewed
hundreds of counts from Caltrans’ California
Freeway Performance Measurement System
(PeMS) program. These data can be helpful
for many purposes, such as developing
“typical weekday” traffic profiles, identifying
areas of significant congestion, and
analyzing historic growth and travel patterns
in the corridor. Furthermore, we have very
good access to PeMS data and have
already perfected the necessary data
mining, data validation and data processing
tools to reliably and efficiently analyze large
quantities of traffic data from PeMS. There
are a significant number of PeMS counting
stations in the I-15 corridor and its competing
and feeder routes that can be applied as part of this study.
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Locations where traffic volumes fluctuate due to an increase or decrease in corridor
volumes can be identified and will help guide where potential access points may be
incorporated into the design to allow the maximum number of vehicles to enter or exit
the HOT lanes.
As part of the evaluation of corridor volumes along the I-15, it is important to not only
identify the hour-by-hour traffic profiles but also to determine how volumes vary by
direction and day of the week. Corridor volumes generally increase each weekday
with the highest volumes occurring on Fridays. Travel patterns on weekends can vary
dramatically versus weekdays with less pronounced peaking and longer periods with
similar congestion. This is especially true for a corridor such as I-15 which serves as a
preferred route to popular weekend destinations such as Las Vegas. Analyzing the
impact of the differences of weekday versus weekend travel patterns is important for
any express lane study since the express lane(s) is most attractive during periods of high
congestion. Average hourly traffic profiles will be created for an average weekday
(Monday-Thursday), Friday, Saturday, and Sunday.
Obtaining relevant speeds throughout the I-15 corridor will also be important as the HOT
lanes will only be attractive to users if they offer a travel time advantage over the GP
lanes. We propose two methods to obtain pertinent speed data and identify areas
within the I-15 where significant congestion occurs. The PeMS database discussed
above also measures spot speeds at each reader. By analyzing the entire corridor of
speed measurements over a period of time, it is possible to create a congestion map
by time of day to help isolate when and where periods of congestion occur. The figure
below was prepared during our prior work efforts in Orange County.
These graphics give both a sense of the duration of congestion (the width of the x-axis)
and the length of the queues (the length along the y-axis) and can be a tremendous
tool to help analyze locations where congestion and queuing could be metering traffic
demand. At these locations it may be necessary to adjust hourly traffic volume profiles
to reflect corridor demand instead of corridor flow.
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In addition to the publicly available traffic data, additional data collection will be
undertaken to help with the model validation and calibration of existing conditions. The
Consultant will undertake the necessary supplemental traffic counting program in the
I-15 corridor, resulting in a more focused and accurate analysis of traffic in the corridor.
Permanent count stations (PeMS and Caltrans Census stations) do not provide vehicle
class information, which is crucial for toll revenue forecasting, and the speed data from
the permanent count stations needs to be field verified for reliability. As such, it is
expected that this Project will require additional mainline freeway traffic counts for the
northbound and southbound general purpose lanes at up to eight different locations
on I-15 in Riverside County (and possibly on SR 91 or other relevant freeways).
It should be noted that it is particularly useful in HOT lanes studies to undertake a
“radar” traffic count, which provides an accurate traffic count across multiple lanes,
with the associated speed of traffic at the time of the count, and categorize the
vehicles by vehicle length. The radar vehicle counts (categorized by vehicle-lengths)
and speeds are available for each individual traffic lane in 5-minute intervals. This
facilitates the evaluation of the relative volume/capacity ratios as well as revealing the
times when demand exceeds capacity, which can be identified by the degraded
speeds (and reduced traffic flows) on the roadway.
Travel time runs in the I-15 corridor and its feeder and competing routes will be
undertaken during both peak and off-peak periods to determine average speeds in
the corridor, highlight areas of congestion, determine queue lengths and dissipation
rates, and calculate potential time savings offered by the Express Lanes. Off-peak
travel time runs will be undertaken to determine free-flow speeds in the corridor. These
speed data will be utilized as part of the model calibration and validation process.
It is also expected that additional origin-destination (O-D) information will be required to
assess the I-15 corridor’s travel patterns (along with selected feeder and competitive
routes). The Consultant will use appropriate vendors and/or technologies to collect the
required O-D data to reliably map the corridor’s traffic patterns and to identify how the
traffic on the region’s freeway system feed into and depart from the I-15 corridor in
Riverside County. It is expected that either INRIX traffic data will be acquired or a
non-intrusive Bluetooth based data collecting technology like BluFax will be used to
collect the additional required O-D data for the Project. Information on travel times
(between detection devices) can be estimated from INRIX data and BluFax data. The
graphic below is a representative sample of O-D patterns in the eastbound AM peak
period collected during the 91 Express Lanes Extension investment grade study utilizing
BluFax technology. We anticipate undertaking a similar survey for the I-15 corridor.
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All of the above traffic data will be utilized to complete an accurate analysis of existing
traffic conditions in the I-15 corridor and will be incorporated into the regional travel
demand model to assist in calibration and validation.
While Stated Preference Surveys inform forecasts about value of time characteristics,
once an area has constructed tolled roads or tolled facilities these studies are generally
not needed. We, therefore, do not recommend undertaking a stated preference
survey as part of this project.
In addition, the most current information regarding future highway improvement
programs will be obtained and incorporated into the regional travel demand model.
Both regional and state plans will be reviewed and incorporated as necessary.
LAND USE AND SOCIOECONOMIC FORECAST
Socio-economic data forecasting will be performed by Parsons Brinckerhoff (PB), with
support from Robert Bunyan & Associates, in order to estimate future traffic levels and
conditions that will impact revenue generation from the I-15 Express Lanes Project. A
comprehensive review of land uses, demographics, incomes, and other data relating
corridor traffic will be obtained by PB and evaluated to create current, geographically
focused forecasts of the socioeconomic data required by the traffic model.
PB is deeply familiar with land use economics of the Southern California Region and the
areas of Western Riverside and San Bernardino counties where the I-15 Express Lanes
Project is located, having studied the tolled traffic generating characteristics of these
areas on over a dozen occasions since 2002. Most recently, PB supplied the
socioeconomic data inputs for a Level 2 study for the I-15 corridor, as noted in the
qualifications section, and has a fresh list of contacts in the local development and
planning industries from which to update key project data.
PB has conducted research of the SCAG coverage area, including western Riverside
and San Bernardino counties, for over a decade. During that time, we have tracked
job and household formations through three recessions and understand where the
various parts of the coverage area stand in the overall economic development
lifecycle. For instance, the western portion of the Inland Empire has evolved from an
agricultural economy to a service based economy with one obvious major job cluster –
the logistics & distribution industry, which acts as an extension of the ports of Los
Angeles and Long Beach. Millions of industrial, warehouse and distribution square feet
and thousands of jobs are part of this industry cluster in the Inland Empire, and the
associated truck traffic is a major contributor to congestion on area highways, including
I-15.
Another broad change that has impacted the Inland Empire over the past couple
decades is the depleting supply of land for residential development near the major job
centers of the coastal counties, mainly Orange County but also Los Angeles County. As
developable land in Orange County has become scarce (relatively speaking), prices
have risen and many workers have fled Orange County for more reasonably priced
housing options in the western communities of Riverside and San Bernardino counties.
This issue has been understood for some time and effectively dealt with by RCTC and
OCTA through the development and expansion of the SR 91 freeway and Express
Lanes. But another, less publicized jobs / housing imbalance issue exists within the
Inland Empire: many people who work in the western portions of the Inland Empire live
in the less expensive areas to the east, such as Redlands and Moreno Valley, and south,
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such as Menifee, Murrieta and Temecula, creating commutation impacts on I-10, SR 60
and I-15.
Our prior research has covered this issue and as a result, we have studied these areas
and the job centers and the residential developments therein. We have discussed
development and economic trends in the Inland Empire with area developers and
local economic analysts such as John Husing and Chris Thornburg, and understand
where development constraints exist. For instance, much of the remaining land in the I-
15 corridor is made up of small, 20 to 30 acre parcels which are not big enough for very
large scale distribution purposes. Elsewhere in the area, like along Cajalco Road,
terrain issues and land preservation limit development capacity. This said, several very
large real estate development projects are underway. Below are some of our findings
from previous research efforts that would be updated as part of this engagement.
1) Ontario Airport (ONT): In response to the decline in regional air travel resulting
from the 2008 recession, Los Angeles World Airports took actions that significantly
reduced the flight activity at ONT, shifting much of it to Los Angeles International
Airport (LAX). ONT is viewed as a major economic generator for the City of
Ontario and the Inland Empire as a whole, and as such, there is a movement by
jurisdictions in the Inland Empire, including the City of Ontario to change how
ONT is operated to help accelerate enplanement and cargo growth to levels
realized prior to the 2008 recession. A significant commercial / office
development plan is in place around ONT.
2) Chino State Penitentiary: The penitentiary, located directly west of the Chino
Airport and south of the College Park residential project, sits on over 1,500 acres
of land that will become highly underutilized as development progresses in San
Bernardino County. A few parcels have been sold for development and it is
possible that much more could be disposed of within the forecast horizon.
3) The Preserve: The Preserve is a partially constructed development south of the
Chino Airport and north of Pine Avenue in the City of Chino. This mixed use
project includes non-residential space for approximately 9,000 employees and
will is one of a handful of large projects that will develop over the long-term.
4) The New Model Colony: The New Model Colony in the City of Ontario is an 8,200
acre multi-subdivision project south of ONT near the Riverside County line. It is
planned for 9 million new square feet of non-residential development and over
30,000 new dwelling units. This space is expected to house approximately 21,000
new jobs and is moving forward pending completion of supporting infrastructure
projects.
The Preserve and New Model Colony both have very substantial residential
components that will be built out over the very long-term, likely past the forecast
horizon for this study. These housing products will be priced higher than comparable
projects to the east and south but still considered reasonable compared to products
offered by developers in central and south Orange County. We will examine both
sides of the mountains, connected by SR 91, to understand their impacts on
commutation between the Inland Empire and coastal communities.
The following tasks will be performed to support the traffic and revenue forecasting
effort:
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Data Assessment & Review – PB will collect and review all relevant datasets,
forecasts, and reports from public and private sources, pivoting off adopted
WRCOG and SANDAG forecasts. PB will document all forecast specifications
and develop an issues list related to model format, information gaps, policy
issues, and other items that surface as a result of the document review. PB will
modify its land use models to accommodate data formats and forecast
specifications of the model selected by Stantec.
Interview Process – After the initial data assessment efforts, PB will undertake an
interview program that will include an array of local academics, real estate
professionals and public entities whose input will enrich the forecast with the
most recent data and trends relevant to growth in the Study Area at the
regional, county, and project levels. PB staff will perform the interviews in person
and via teleconference when appropriate, focusing on regional perspectives
and local areas having the greatest impact on I-15 traffic; mainly residential
areas of the western Inland Empire and job centers in both central / south
Orange County, as well as the northern portions of the corridor where larger-
scale commercial development has been projected, for instance the Ontario
Airport area and the New Model Colony.
Public Policy – PB will evaluate public policies and other initiatives related to land
use, real estate development, and supporting infrastructure expected to impact
development in the Study Area during the forecast period.
Forecast Base Year – PB will use the data collected through the forgoing tasks to
establish the forecast base year as directed by Stantec (expected to be 2015).
The base year dataset will consist of all forecast parameters required by the
traffic model and reflect the most current actual data on jobs and households in
the Study Area.
Long-Term Forecast – For designated future years, as directed by Stantec, PB will
forecast all parameters required by the traffic model. Draft and final forecast
datasets will be provided to Stantec in accordance with the project schedule
set forth during the project kickoff process.
Documentation – When model results are finalized, the analysis and conclusions
developed through the forgoing tasks will be documented in a comprehensive
draft report for RCTC review. Upon review, the report will be finalized for use in
the bond documents and investors’ library.
Rating Agency & Underwriter Support – PB will participate in meetings and calls
as required and assist the financial team by supplementing the base case
forecast and other land use information with up to three land use sensitivities. PB
will prepare materials and participate in investor / rating agency presentations
as required.
If there are any events that materially impact the conclusions or a lengthy period of
time passes between completion of the draft and preparation of the bond documents,
a separate budget and timetable will be negotiated to update the model inputs and
reports. Rating Agency and Underwriter support will be budgeted separately when the
transaction draws near. Robert Bunyan is proposed to support the team to provide
access to key interviewees in the development community and local data and input
on proposed and active developments in the study area.
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TRI-POD APPROACH TO MANAGED LANES FORECASTING
When undertaking in-depth Express Lane studies, Stantec applies a “Tri-Pod” approach.
Our Tri-Pod approach uses three methods to more carefully model and fully evaluate
the traffic and revenue potential for such projects, and like a Tri-Pod, requires
information from all three “legs” to have a solid and reliable foundation.
The Tri-Pod approach uses the
traditional regional travel demand
model as the base for the analysis and
supplements it with information from
market share curves. A microsimulation
model, incorporating trip-to-trip
movements from the travel demand
model, provides another view of driver
response to congestion and the
dynamics of their selection of an
Express Lane. The strength of this
approach incorporates multiple views
of the same project and refines
information that any approach on its
own would lack.
DEVELOPMENT OF THE REGIONAL MODEL
Utilizing a travel demand model for an Express Lane project involves a level of
complexity that differs from other toll road projects. The implementation of dynamic
pricing, particularly within peak periods, introduces a new cost condition into the model
as short-term fluctuations in Express Lane demand due to toll rate changes need to be
analyzed accurately. In addition, most Express Lanes projects utilize some form of HOV
discount, whether HOV-2 or HOV-3+, and therefore the identification and stratification
of HOV vehicles in the model needs to be analyzed thoroughly. The Stantec team has
extensive experience modifying local regional travel demand models to effectively
forecast Express Lane projects’ traffic and revenue, including the development of a
calibrated model utilized in the forecasts for the successful financing of RCTC’s 91
Express Lanes Extension.
For the I-15 Express Lanes Investment Grade Study, we propose to utilize the RivTAM
(Riverside County Transportation Analysis Model) Model. Stantec knows the RivTAM
model well from our investment grade work on the SR 91 Express Lanes Extension and
our recent re-financing efforts on both the Foothill-Eastern Toll Corridor and the San
Joaquin Hills Toll Corridor.
An important element of the regional modeling
process is the implementation of a customized toll
diversion model structured to address the specific
needs of the project. It should be noted that while
most regional models do have procedures to estimate
the impact of tolling policies, the models are usually
not structured to forecast toll demand related to
particular conditions imposed by tolling agencies.
These conditions include variation of toll rates by vehicle type and payment type as
The Stantec Team
developed and calibrated
the RivTAM model utilized
in the successful financing
of RCTC’s 91 Express Lanes
Extension
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well as requirements for certain technologies, such as transponders. For most toll roads
and particularly for Express lane facilities, these conditions are crucial elements of the
forecasting process. We have successfully incorporated our toll diversion model into
numerous regional models, including, for a successful financing of RCTC’s 91 Express
Lanes Extension.
In order to conduct the modeling effort efficiently without sacrificing forecast
accuracy, it is critical to focus the analysis within the project study area using “sub-
area” modeling techniques. While RivTAM covers approximately 6,000 square miles of
the metropolitan area, only a subset of that model is relevant to travel and usage of the
I-15 Express Lanes. Our modeling team will identify key areas of significance, and
“extract” the portion of the model that is relevant. The net result of this procedure is a
“sub-area” model that features a substantial reduction in run time. Model runs that used
to take a day, may take a fraction of that time now. The benefit is significant, a greater
ability to focus attention on the I-15 corridor, but without sacrificing the accuracy of the
predictions.
A key component of the modeling effort is the sub-division of the model into
appropriate time periods. While RivTAM separately models AM (6 to 9am), Midday (9am
to 3pm), PM (3 to 7pm), and night-time (7pm to 6am) traffic, the usage of these periods
alone may not be sufficient for an Express Lane forecast. We know that Express Lanes
are highly reactive to travel demand and congestion. The traffic conditions occurring
at 6am are significantly different from conditions at 8am. For the I-15 Corridor, Stantec
would sub-divide the peak periods into smaller time periods, and model that traffic
separately. The resulting forecasts would more accurately represent travel demand
during those time periods.
A challenge in the regional modeling process is replicating the impacts that queuing
can have on the assignment of traffic to managed lanes or alternative routes, and to
other times of day. Through our own internal R&D efforts, we have successfully
implemented the concept of Dynamic Traffic Assignment in regional models using the
CUBE Avenue software. The benefit of adopting this procedure is to more realistically
model travel delays due to queuing, and to also allow the spreading of traffic more
realistically within the peak period in future model year scenarios, in response to
worsening traffic congestion. This is another example of how our modeling team has
pushed the envelope in travel demand modeling, and is a feature that would be
applicable to the modeling of the I-15 Corridor and the proposed Express Lanes.
Research in the tolling industry has found that travel time savings offered by Express
lane projects is not the sole determining factor for usage. Reliability of trip time is also an
important factor. Travel Time reliability is most relevant to the peak travel periods when
congested conditions provide travelers with expected variations in travel time. Off-peak
and night periods will generally provide ample capacity such that the non-tolled
alternative offers similar levels of travel reliability. This topic of reliability will be especially
relevant in the I-15 corridor because of the heavy congestion that travelers face. While
the worst hours may be consistently congested, traffic during shoulder hours or at the
ends of the corridor may be highly variable. This travel time variability and the value of
having a reliable route can be an important factor to consider when forecasting I-15
Express Lanes traffic. The overall approach to estimating the reliability effect includes
identifying the trips by trip purpose subject to travel time variation, identifying travel
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time variation, quantifying travel time by reliability condition, and adjusting the value of
time by purpose during the toll diversion process.
MARKET SHARE MODEL ANALYSIS
While the enhancements to the regional model detailed above help to refine the
output, a more detailed market share spreadsheet model will be created to analyze
traffic and revenue potential on a smaller time scale.
Through our long-term involvement with the 91 Express Lanes, Stantec has compiled a
substantial database of HOT lane usage and revenue potential under a range of traffic
and toll conditions. From these data, a series of “market share curves” denoting splits
between tolled HOT lanes and adjacent GP lanes has been calculated. The market
share curves are built from a compilation of traffic, speed, and income data. GP lane
hourly traffic and speed data from the PeMS database, and 91 Express Lanes hourly
traffic and toll data obtained were compared against each other to develop
relationships between global
traffic demand (the
combination of GP and Express
Lane traffic), and demand to
use the existing 91 Express
Lanes. Income stratification as
reported in the 2009 91 Express
Lanes customer satisfaction
survey were used to support
estimation of the toll elasticity of
demand. The result is a set of
curves that predict express lane
toll vehicle usage given a
global volume to capacity (V/C) ratio, and a toll expressed as a cost per mile of travel.
These curves will be applied on a segment-by-segment basis to the output from the
travel demand model.
Our market share analysis is applied on the single most congested segment of the
roadway. Where the road is most congested, bottlenecks form and users experience
substantial delay. It is expected that travelers’ decision to pay a toll to use the HOT
lanes on I-15 would be largely due to the congestion experienced at the road’s
bottleneck location.
Toll curves representing historical prices charged were fitted through the resulting global
demand and toll market share data points. The data were segmented into weekday
(Monday to Thursday), Friday, and weekend (Saturday and Sunday), and further
segmented by price. The figure above provides sample data points for weekdays,
which are the basis for the construction of weekday toll curves.
Market share curves representing unique prices from $0.13 to $1.00 per mile (the range
of rates currently used on the 91 Express Lanes) were fit through available data points.
For each price, the data were available for only a limited range of global V/C levels.
For example at $0.13 per mile, data exist only from the 0.05 to 0.45 range. To create a
continuous curve for all V/C values from 0.00 to 1.30, market shares were estimated for
ranges not represented by data. The estimation process relies on data available at
higher or lower global V/C’s but also at other prices. Elasticity of demand to different
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prices was calculated and extrapolated for lower and higher prices. At low global V/C
values, it is expected that drivers would be far less willing to pay the tolls that are
charged during the most congested times of day (currently nearly $1.00 per mile).
To express a reduced willingness to pay, price elasticity in the low congestion range was
generally in the elastic range. For higher tolls and the lower end of global V/C, toll
traffic would decline by a percentage greater than that of the price increase. However
at high global V/C’s, most toll curves show an inelastic response to price increases, but
transition from inelastic to elastic as prices increase. For example, for a 0.95 global V/C,
toll curves change from inelastic to elastic at the $2.00 per mile toll level. Effectively this
price represents a revenue maximizing toll. The maximizing level was derived from
analysis of the income distribution and reported versus actual time savings of SR 91
Express Lanes users. The result was a set of curves representing prices from $0.13 per mile
to $3.20 per mile for global V/C values from 0 to 1.30.
Friday toll curves predict lower traffic than the weekday curves do in the 0.30 to 0.75
global V/C ranges. At the 0.60 V/C point, for a toll cost of $0.37 per mile, Friday toll
traffic was approximately 6% of global traffic while typical weekday share was
approximately 8%. Weekend toll curves are similar to weekday levels from the 0.00 to
0.50 global V/C ranges. For higher global V/C values, weekday toll curves predict more
traffic than weekend toll curves. At the 1.00 global V/C level, weekday curves predict
approximately 22% toll market share, while weekend curves predict just over 20%. The
weekend curve represents lower demand on weekends, likely from a combination of
lower value of time, fewer eligible users, and reduced expectations for high and
persistent congestion. In a corridor such as I-15, where weekend trips are prevalent as
drivers travel to tourist destinations in the Inland Empire, it will be important to
understand trip patterns on weekends versus weekdays.
Given that the travel demand model represents an average weekday volume, model
output volumes will be adjusted to reflect Friday, Saturday and Sunday volumes based
on the existing ratio between the daily volumes. The daily volumes for the average
weekday, Friday, Saturday, and Sunday will be assigned over a 24-hour period based
on existing hourly travel demand as determined by the existing conditions data analysis.
Global V/C ratios will be calculated and seed toll rates applied. These two values will
be input to the market share analysis, utilizing the appropriate market share curves,
which will produce the HOT lane market share and traffic volumes. Hourly global
volumes will then be allocated to either the GP lanes or to the express lanes as either
toll paying or toll-free HOV-2+/3+, depending on the percentage of HOV volume in the
corridor.
The end result will be a set of conceptual traffic forecasts derived from the modeling
and post-processing exercise.
The first step in assessing revenues will be to consider the toll policy. The toll policy
applied for the proposed I-15 HOT Lanes will be of significant importance. During the
early stages of the project, a number of potential toll policy options will be presented to
RCTC for review. While it is assumed that the toll policy will be generally consistent with
the recently adopted 91 EL toll policy, in that rates are set to emphasize throughput
over revenue generation, it is possible additional toll policy alternatives will need to be
analyzed. The market share approach allows for a relatively expedited review of
varying policies to determine their impacts on HOT lane usage.
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Once a toll policy and its corresponding rates are accepted by RCTC, these toll rates
will be incorporated into the market share curves discussed above with adjustments to
the market share curves made to account for any difference in toll rates per mile
between the existing 91 Express Lanes and the proposed I-15 Express Lanes as well as
any overall income variations in the study area.
To maintain free-flow speeds and a good level-of-service (LOS C or better), express lane
traffic should be limited to a volume below the standard capacity of a travel lane (e.g.
approximately 1,500 vehicles per hour for single lane segments and 3,200 vehicles per
hour for two lane segments). Capacity for single lane segments is expected to be
slightly lower than a two-lane segment to reflect the inability to pass other vehicles using
the HOT lanes. Toll rates will be increased whenever these capacities were exceeded
until HOT lane volumes fell below capacity.
A number of price groups will be created between a minimum toll rate per mile (e.g.
$0.10 per mile) and a maximum toll rate per mile (e.g. $1.40 per mile). Toll rates will be
increased for approximately every 250 or 500 vehicles using the HOT lanes, (e.g., HOT
lane demand of 240 vehicles would be price group 1, which represents a demand of 0
to 250 vehicles, while a demand of 260 would be price group 2, which represents a
demand of 250 to 500 vehicles).
Depending on the scenario, HOV-2+, HOV-3+ and other exempt vehicles will be
assumed to use the lanes for no charge all day every day. Given the small number of
other exempt vehicles (motorcycles, ZEVs, buses, etc.) and lack of existing data for the
number of these vehicles in the corridors, the reduction in revenue for these
transactions is considered negligible and will therefore not be accounted for part of this
study.
The procedure of assigning mainline traffic to the GP and express lanes will be repeated
to adjust for real dollar toll increases. Express lane traffic and toll levels will then be
re-adjusted to ensure free-flow.
Next, the revenue calculations will be completed. Weekday (Monday to Thursday),
Friday, Saturday, and Sunday toll revenue will be computed (simply the product of tolls
and toll traffic for each segment) and expanded to the full year given the number of
weekdays, Fridays, Saturdays, and Sundays in the year. Holiday traffic tends to be lower
than typical weekday traffic and comparable to weekend levels so it is critical that
these days are not counted as typical weekdays.
Resulting annual total toll transactions on mainline segments and revenue from all
segments and connectors will be aggregated to arrive at the annual traffic (toll
transactions) and revenue forecast.
MICROSIMULATION MODEL ANALYSIS
A micro-simulation model of the I-15 Corridor will be an excellent resource for the I-15
Express Lanes T&R Study. In general, micro-simulation models have three major benefits
to the forecasting efforts of Express Lanes projects: 1) they analyze the impact of
dynamic tolling on Express Lanes usage, 2) they can identify traffic operational issues at
ingress/egress points for the Express Lanes, and 3) they provide an effective visualization
of the future Express Lanes facility and traffic for demonstrating to the public and
investors how the Express lanes would work. The Stantec team has experience creating
micro-simulation models for numerous Express Lanes projects, including the I-405 Express
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Lanes in Orange County, the SR 91/241 Direct Connector, and the Riverside County SR
91 Express Lanes Extension. We have successfully created and calibrated these models
to help analyze short-term traffic fluctuations, impacts to general purpose lane traffic at
key access points to the Express Lanes facility, and to influence and guide the design
team.
During our work for RCTC on the 91 Express Lanes Extension, there was particular
concern with the interaction of the existing SR 91 Express Lanes in Orange County and
with the proposed extension into Riverside County. Stantec’s constructed and
calibrated micro-simulation model was utilized to help both the OCTA and the RCTC
confirm that the transition area between Orange and Riverside Counties would be
sufficient to allow users to effectively access the Express Lanes with little to no impact on
general purpose lane users or existing Express Lane users. In addition, 3-D simulation
videos from the model were created to help visually display the Express Lane benefits to
the agency’s Board Members and the general public.
Our experience with the SR 91 model will be a significant benefit for the I-15 Express
Lanes T&R Study, for several reasons:
We have an existing, calibrated model. For our work on the RCTC SR 91 IGS, we
developed a model that includes 20 miles of the SR 91 from SR 55 to I-15, but also
includes 8 miles of the I-15 corridor. While more effort will be needed to expand
the model to focus on I-15, having a calibrated afternoon peak period model
will be a great benefit.
We have detailed knowledge of the corridor. Our modelers have reviewed and
modeled the corridor in great detail. We have a thorough understanding of how
the I-15 and the SR 91 interact and where future bottlenecks are expected to be.
This knowledge would streamline the model development.
We understand where operational issues on the Express Lanes may arise. On the
SR 91 project, it was important that we understand the mixing area; we used the
model to look at operations on the EL and impact on the GP, and found that the
proposed mixing area initially was too short to ensure smooth operations. This
influenced the design, and the result was a longer transition area that would be
able to accommodate traffic entering and exiting the Express Lanes, without
degrading Express Lane operations.
For the I-15 Express Lanes, it is
important to understand the
interaction between the I-15
and SR 91. Some 400,000
vehicles move through that
interchange on a daily basis,
which results in heavy
congestion on both the SR 91
and the I-15. Both the SR 91
and I-15 Express Lanes ingress
and egress zones, and
locations where GP lanes drop,
will be important to review.
Local bottlenecks outside of the Express lane system can be a significant issue. From our
work on the I-405, we saw the potential for the northern terminus of the Express Lanes to
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be a problem for Express Lane and GP Lane operations. On the I-15, the number of GP
lanes drop from as many as 5 lanes just south of SR 91, down to as few as 2 lanes
through some local interchanges. The terminus of the Express Lanes can become a
potential bottleneck that can impact the operations on the system. Our simulation
model will be instrumental in informing the design, understanding operations, and also
informing the traffic and revenue forecasts by serving as another view on traffic and
revenue.
SENSITIVITY / RISK ANALYSIS
Traffic and revenue sensitivity analyses demonstrate how changes to key variables
would impact forecasts for a toll facility. We have seen in our experience that toll traffic
can rise and fall depending on a wide range of factors. Some of the key factors are the
pace of employment and household formation growth, value of time, and network
capacity.
Traffic and revenue forecasts are built from a variety of assumptions that are subject to
uncertainty. Because of this uncertainty, it is important to understand what would
happen to the forecasts if key modeling assumptions do not meet projections. If the
economy doesn’t grow as quickly, or if incomes are flat, or if a competing roadway
gets widened, what would happen to the T&R? What would happen if toll policy
changed? To answer these questions, we regularly run sensitivity analyses as part of our
investment grade T&R studies.
Further, to obtain financing for a project, rating agencies, investors, and lenders,
including TIFIA, require T&R sensitivity analyses. Because of our past studies, including the
RCTC SR 91 investment grade study, we know what kind of sensitivities that lenders,
TIFIA, and the rating agencies would expect to have run.
For the I-15 Express Lanes study, key variables to analyze in a sensitivity run would
include:
Population, household, and employment forecasts – These forecasts form the
basis for traffic in the corridor.
Value of time – this is a key variable that affects the share of traffic that would
choose to use the Express Lanes.
Tolling levels – Designing a toll policy is a critical part of the process. We have
worked with the RCTC to develop the SR 91 Extension’s policy. Rating agencies
and lenders want to see how much additional revenue (and therefore how
much of a cushion exists) could be generated if tolls were increased above their
“base” levels. By running the model at various toll rates, we develop a range of
revenues for successively higher rates, and an “optimal revenue curve”.
Network improvements – Express Lanes are a congestion relief valve for the
adjacent general purpose lanes, and adjacent roadways. Many toll roads have
been impacted by an increase in adjacent free capacity. We have seen in the
recent past how the OCTA’s programmed widening of the SR 91 freeway has cut
usage of the 91 Express Lanes.
One approach that we have used to understand T&R risk is via Monte Carlo Simulation.
This procedure is a type of sensitivity analysis that identifies a range of probabilities and
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their matching revenue levels. P90 forecasts, often required by TIFIA or rating agencies
are developed, as well as more aggressive levels that investors may desire.
The Monte Carlo Simulation process starts with the selection and definition of key
variables in traffic and revenue forecasting. In this initial phase, we identify key model
variables, which may include value of time, toll value, network capacity, population /
household growth, and trip growth. Once variables are defined, their value ranges (P5,
P50, P95, etc) and probability distributions are identified. A P5 is the high end value to
which a variable has only 5% chance of being attained. A P90 would a low end value,
or a probability matching to a conservative T&R forecast. Next, a surface model is
designed to “model the model”. The last step is to execute the Monte Carlo Simulation,
using software like @Risk. We run our forecast model under a number of scenarios and
by doing so, develop a mathematical representation of our T&R model using multiple
variable linear regression. The output is a distribution of revenue matching to various
probability distributions. This range of revenue forecasts can be taken to lenders,
investors, rating agencies, and TIFIA, and would demonstrate how risk can affect the
forecasts. The figure below provides an example of the risk analysis process.
TOLL PRICING METHODOLOGY
The process of setting tolls is also an important assumption to analyze. The 91 Express
Lanes operate under a static variable toll structure with toll rates changing hourly. A
different toll schedule exists for each day of the week and each direction of operation.
The traffic on the 91 Express Lanes is monitored on a rolling basis and toll rates can be
increased (or decreased) every 12 weeks. Because there is only one access point on
each end of the 91 Express Lanes, only one toll rate exists. The proposed extension of
the 91 Express Lanes into Riverside County will follow a similar toll policy structure,
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though there will be two toll rates posted, one to/from SR 91 east of I-15 and one
to/from I-15 south of SR 91.
The I-10 and I-110 in Los Angeles have a dynamic pricing toll policy where tolls can
change every 15 minutes depending on usage of the facility. Given there are
numerous access points throughout the facility, signage displays toll rates to the next
two exits and the full length trip toll. The majority of new Managed Lanes throughout
the country have implemented a dynamic pricing toll structure.
The benefits of a static variable tolling system lie primarily in customer service and
monitoring simplicity. OCTA conducts a customer satisfaction survey of their Express
Lane users every two years and the fact that there is a pre-published toll schedule on
the 91 Express Lanes is always rated highly as a positive; knowing the toll before arriving
at the facility is a major benefit to the user. In addition, because tolls are not fluctuating
dramatically as rates rise and fall frequently, OCTA is able to more easily monitor travel
trends in the corridor.
Dynamic pricing allows an operator to more accurately set toll rates based on the
value and travel time savings offered by the Managed Lanes. Given that traffic
volumes can fluctuate from day-to-day, having the ability to capture the additional
demand with higher toll rates can help to optimize the revenue generation of a
Managed Lane facility. Determining the rate-setting mechanism, however, for the toll
rates should be analyzed and discussed. Some facilities will set toll rates based on the
usage of the Managed Lanes themselves, but it may be more appropriate to monitor
traffic volumes in the general purpose lanes and set rates based on fluctuations in
general purpose lane volumes since the travel time savings offered by the Managed
Lane depend on general purpose lane congestion. That being said, speeds in the
Managed Lanes need to be monitored as well, and toll rates increased if congestion
begins to occur in the Managed Lanes.
The Stantec Team has extensive experience with helping set appropriate toll policies for
Express Lane facilities having been involved in the adoption of the toll policies for both
the 91 Express Lanes in Orange County and the 91 Express Lanes Extension in Riverside
County.
THE ECONOMY’S INFLUENCE ON TOLL ROADS
The Stantec Team has extensive experience with Managed Lanes projects throughout
the United States. Through our long-term involvement with the SR 91 Express Lanes, we
have been able to study how Express Lane demand, both short-term and long-term, is
sensitive to economic factors such as recessions and high gas prices. In addition to
economic factors, express lane demand declines significantly when general purpose
lanes are improved with added capacity.
In order to forecast short-term and long-term traffic and revenue potential for Express
Lane projects, it is important to understand the regional economic indicators and their
impact on Express Lane demand. Stantec regularly tracks over a dozen
socio-economic indicators on both a national and regional basis. Our knowledge of
these factors supports our traffic and revenue forecasts by helping us to understand
how changes in the economy impact toll facility demand. A few of the indicators that
we track are: metro area employment, the Case-Shiller home price index, vehicle miles
traveled, and gas prices.
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Employment is an important consideration and driver for toll facility usage, particularly
Express Lanes. As shown in the following chart, employment in the Santa Ana-Anaheim-
Irvine and Riverside-San Bernardino-Ontario metropolitan statistical areas peaked
around mid-2007 before dramatically declining. Total employment in Riverside
dropped to their 2004 levels and while job growth is trending up, employment is still
below their 2007 peak. That
being said, in recent months,
job growth has begun to
re-emerge, coinciding with
the current expansion cycle
of the economy. Future
employment forecasts will
consider local MPO
projections as well as those
provided by independent
third party forecasters such as
Woods & Poole or IHS Global
Insights, to ensure a balanced
and accurate depiction of
study area employment is
captured.
At the beginning of the millennium, residential real estate across the US increased in
value at historically high rates due to increased demand, created in large part by the
extension of credit to homebuyers with marginally acceptable or poor credit. The loan
products used by many homebuyers were designed to make the purchase possible at
the time but presented substantial risk if certain market conditions were not maintained.
When market conditions changed and the residential real estate market cooled, many
new homebuyers were both unable to afford their mortgage payments and unable to
sell or refinance their homes. Between 2006 and 2008, the number of foreclosures
increased dramatically starting a wave of personal and corporate defaults that rippled
through the world’s highly leveraged financial markets.
Our monthly tracking of
the S&P Case-Shiller Home
Price index provides us a
sense of the drop and
subsequent recovery of
home prices in various
regions of the country. As
shown on the following
graphic, Southern
California real estate
prices experienced
dramatic increases in the
years preceding the
recession, and even more
dramatic declines during
the 2007 to 2009 recession.
The housing market
0.75
0.80
0.85
0.90
0.95
1.00
1.05
1.10
2000200120022003200420052006200720082009201020112012201320142015Employment Index (Jan 2007 = 1.00)Recession Riverside IRVINE CA Statewide National Employment
Irvine and Riverside Metro Area Employment
California
Irvine Riverside
National
Employment
Los Angeles
San Diego
San
Francisco
10 City
Composite
US
1.00
1.25
1.50
1.75
2.00
2.25
2.50
2.75
2000200120022003200420052006200720082009201020112012201320142015Indexed to Jan 2000 = 1.00Recession Los Angeles San Diego San Francisco 10 City Composite US
S&P Case Shiller Home Price Index
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collapse abruptly stopped construction and caused a high level of foreclosures.
Riverside County was hit especially hard by the housing market collapse and ensuing
recession, now known as the Global Financial Crisis (GFC). Home prices in Riverside
County dropped by more than half from their 2006 top to 2009 bottom, and almost 20
percent of mortgages were distressed, twice as high as the national rate. As would be
expected, the region’s economy suffered, unemployment climbed, and traffic
declined. This drag on the economy, coupled with job losses reduced disposable
income and led to an uncertain future. A reduction in disposable income has a direct
impact on toll facility usage as lower incomes are likely to influence a driver’s decision
to use a toll facility. The indicator does show, however, that housing prices stabilized
between 2010 and 2013, and began recovering during the past two years, providing a
somewhat optimistic starting point for future growth.
Vehicle miles of travel, or
VMT, is another important
economic indicator as it
provides a
representation of total
vehicle travel throughout
the United States. Over
the 30 years prior to the
2007-09 recession, the
long-term trend-line for
VMT had been
increasing by roughly 2
percent per year. Over
the last several years, as
the economy shrunk
during the recession, VMT
decreased and has
been extremely slow to recover. Decreases in overall travel can have a more drastic
impact on toll road usage, with less congestion on toll-free lanes having a magnified
impact on express lane traffic. In the four years following the end of the recession, VMT
was essentially flat,
although the economy
slowly expanded. During
2014, VMT has resumed
an uptrend and has
come back to mid-2008
levels. As shown in the
graphic, this traffic
uptrend coincides with
both the continued
growth in the economy
and the drop in gas
prices. It remains to be
seen how much lower
gas prices can go and
what impact lower
prices will have on traffic
(12)
(8)
(4)
0
4
8
12
16
20
24
1,400
1,600
1,800
2,000
2,200
2,400
2,600
2,800
3,000
3,200
1979198119831985198719891991199319951997199920012003200520072009201120132015VMT ChangeVMT (In Billions)Vehicle Miles of Travel, National
12-Month Moving Total
Recession Change US VMT
$1.00
$1.50
$2.00
$2.50
$3.00
$3.50
$4.00
$4.50
$5.00
$5.50
1,400
1,600
1,800
2,000
2,200
2,400
2,600
2,800
3,000
3,200
1979198119831985198719891991199319951997199920012003200520072009201120132015Gas, 2015$'s (12 month moving average)VMT (In Billions)Vehicle Miles of Travel vs. Real Gas Price
12-Month Moving Total
Recession US VMT Real Gas Price
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growth.
Our past research has shown that volatile gasoline prices can have an impact on toll
road usage, particularly Express Lanes. Similar to VMT, average gasoline prices have
shown a steady increase since 2003. Over the past several years, however, volatile
spikes in gasoline prices have caused unprecedented costs at the pump. Of particular
interest is the dramatic spike in early 2008, when average gasoline prices in Southern
California exceeded $4.00 per gallon for the first time. Prices then rapidly dropped
amidst the recession, but rebounded as the economy recovered. Events in early 2011
again caused gas prices to spike above $4.00 per gallon, which coincided with a
reduction in travel on the SR 91 Express Lanes. During recent months, oil and gas prices
have fallen by more than half, and traffic on the 91 Express Lanes has responded
positively.
In order to accurately forecast toll facility demand, it is important to understand how
the regional and national economy impacts a driver’s decision to utilize a tolled facility.
With lower levels of travel, toll-free roads have less congestion and the travel time
savings offered by a toll facility is reduced. For Express Lane facilities, where the free
option is readily visible from the tolled lanes, this impact can be magnified. The Stantec
team has worked on toll facilities throughout the country and has developed a working
database of toll road performance and how it has been affected by a range of
economic and demographic factors.
4.2 Quality Assurance and Quality Control
The senior project advisors and project management staff identified herein will be
assigned to the project for its duration. Mr. Mar has managed large scale projects and
is experienced in balancing project schedules, budgets, and staffing.
The senior advisory staff assigned to this project will also be actively involved with the
project. Mr. Abendschein and Mr. Harknett will be called upon for project consultations
and will be particularly helpful in providing quality checks on all written products and
prepared presentations.
Management of projects is taken seriously at Stantec and resources are regularly
applied to maintain a high level of training and project planning expertise. On time, on
budget and no surprises are Stantec’s key objectives when starting, working on and
completing assignments. This will require regular phone and email communication with
RCTC and appropriate stakeholders to brief staff on interim findings and discuss project
direction.
Fully checked and well-written, error-free work products assure that the right answers
are provided, thereby allowing the Client Team to make well informed decisions.
Written products will be subject to review by the project manager and the senior
advisory staff before being submitted to the Client Team. Upon the completion of
project sub-tasks, for example, analysis of existing conditions, technical memorandums
detailing data, assumptions, results, and recommendations will be produced and
circulated to the Client Team. The memorandums will inform the Client Team of the
project’s status, allow for a detailed view of key inputs, and provide an opportunity to
address any concerns regarding project assumptions. Monthly progress reports will also
be written to formally update the Client Team on the state of the project and its
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budget. At the completion of all project analyses, a final comprehensive report and
executive summary will be produced.
The senior staff assigned to this project are very experienced in making presentations to
all types of audiences including clients, financial institutions, advisory boards, and the
public. Mr. Abendschein, who has extensive experience presenting to the OCTA, TCA,
and RCTC boards, will lead all presentations and depending on the topic, may call on
other experts to present some aspects of the project. Senior Advisory staff will be
available to participate in all high stakes meetings and presentations.
The project’s progress will be monitored closely to assure compliance with the
schedule. Planned and actual progress will be compared. As part of Mr. Mar’s
responsibilities, he will assure that monthly invoices and progress reports are sent in a
timely manner. These reports will detail the progress of each major task; the
percentage of the budget consumed and will identify the tasks planned for the next
month. If necessary, an updated schedule will be included with the monthly invoices
and progress reports. Any tasks that are falling behind will be identified and presented.
DBE PARTICIPATION
The Stantec team will strive to maximize participation for Disadvantaged-Business
Enterprises (DBE). We anticipate utilizing a DBE firm to complete all of the necessary
traffic data collection for this Project.
QUALITY MANAGEMENT SYSTEM
Stantec has a formal quality management system in use across the organization which
is registered to the ISO 14001:2008 Quality Management standard. The quality
management system promotes quality practices across the organization with the goal
of:
Reducing the risk and consequences of design errors
Helping us grow by promoting reliable processes
Improving productivity and efficiency
Promoting the quality and reliability of our services
Improving the financial performance of our operations
Increasing client confidence and loyalty
Supporting regulatory compliance
The Stantec Quality Management System (SQMS) helps communicate the
organization’s practices for planning, managing people, client satisfaction, practice
management, managing sub consultants, and for continual improvement. The specific
elements of the SQMS are:
Strategic Planning—aligning our focus, planning our work
People Focus—key processes to help our most valuable resource
Customer Focus—understanding client requirements
Service Delivery—focus on project management and delivery
Supplier Focus—promoting mutually beneficial supplier relationships
Measurement and Improvement—measurement of client satisfaction
Other critical aspects of the ISO9001:2008 registered Stantec Quality Management
System include:
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Client Feedback Interview process—Client feedback is used to improve our
performance on a specific project as well as to continually improve our
organizational practices and processes.
Practice Audit Process—We conduct internal practice audits to assess
compliance with our company policies and procedures and with the various
elements of the Stantec Quality Management System. The other significant
objective of this process is to evaluate the effectiveness of the SQMS and to look
for opportunities to improve our processes and leverage best practices.
Improvement Process—Promoting a culture of continual improvement is a
fundamental aspect of successful organizations with effective quality
management systems. To this end, we have a formal improvement process to
encourage suggestions for improvement and to document follow-up actions.
4.3 Special Issues or Problems
There are several elements of work that will be crucial to the successful completion of
the project; each is a technical challenge unique to the southern California and the
Inland Empire areas.
1. Traffic counting relies on PEMs data from Caltrans, which works fine for most
portions of the study area, but has it problems in the I-15 corridor, primarily due to
the heavy congestion and slow speeds on the lanes. We will utilize our extensive
experience in the I-15 corridor, having analyzed traffic patterns as part of past
studies, coupled with new Wavetronix radar counts to ensure the most
appropriate traffic count for this existing analysis of traffic.
2. The regional models, which work fine for most of the region, may have difficulties,
especially in peak periods, in replicating travel patterns in the I-15 corridor. We
will add robust toll algorithms to the regional model and re-calibrate I-15 to more
closely match traffic patterns, and propose an additional level of calibration in
the peak periods, to address the special needs of Express lane traffic.
3. The regional travel demand model may not adequately represent how Express
Lanes work; we use a combination of market share curves which were
developed from SR 91 data sources and micro-simulation (calibrated for SR 91
traffic patterns) to allow us to overcome the regional modeling problems.
4. The interaction between toll policies on the proposed I-15 Express Lanes and the
under construction 91 Express Lanes Extension will be important to understand.
While it would be ideal to have consistent toll policies between the two facilities,
both from a structure and an HOV policy, given the funding objectives for the
I-15 Express Lanes, this may not be possible. Understanding the funding
objectives and its influence on tolling policies and interaction between the two
facilities will be an important variable to consider in the analyses and forecasts.
4.4 Technical Requests
It is our work ethic and belief that we should continually strive to improve our services
and products. Toward this end, we intend to communicate with the Client Team and
other stakeholders at appropriate intervals to assess the Department’s satisfaction with
our work. If at any time we can improve our process or our product, we are committed
to doing so. In addition, Stantec allocates substantial resources in an effort to remain on
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the cutting edge of technology; both in terms of our internal business infrastructure and
the tools we have available to develop creative solutions to project issues. We believe
that meeting the technical demands of today’s projects requires experience,
commitment, and innovation, particularly since new technologies are continually
emerging that could directly affect the design and construction of our projects.
In this regard, Stantec maintains a state-of-the-art information infrastructure that
combines the flexibility of a variety of communication technologies with the on-site
expertise of information management. A Stantec-supported, secure, integrated digital
environment will be used for this Study to unite Stantec and its subconsultants. The
Client Team will also be provided access to our digital environment via FTP site access
as needed.
Upon receipt of a request from the Commission, Mr. Mar will consult with the senior
professionals on the team to determine the necessary level of effort to respond. A
follow-up conversation will be held with the Commission to ensure that expectations are
being met for any and all deliverables and that the proposed response time is
appropriate to meet the Commission’s teams. Where adequate time is not available,
the Stantec team will determine how best to provide a response within the requested
timeline to make sure the project’s timing is not impeded.
4.5 Proposed Schedule
Assuming a NTP date of April 8, 2015 (or thereabouts), the list below is a summary of task
milestones and deliverables:
Data Collection – 4 weeks from NTP
Existing Conditions Analysis – 8 weeks from NTP
Model Calibration – 22 weeks from NTP
Future Year Model Results – 30 weeks from NTP
Market Share Model Development – 38 weeks from NTP
Microsimulation – 38 weeks from NTP
Completion of Base T&R Forecast – 40 weeks from NTP (week of Jan 11, 2016)
Draft T&R Report – 42 weeks from NTP (Jan 25, 2016)
Sensitivity / Risk Analysis – 46 weeks from NTP
Final T&R Report – 48 weeks from NTP (March 7, 2016)
The following is our approximate cost estimate for the work outlined above:
Cost Estimate for Investment Grade T&R Study = approximately $1,000,000
Finance Plan = approximately $100,000
TOTAL STUDY = $1,100,000
A breakdown of rates by staff classification on Appendix H is included in the Forms
section of the Appendix.
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17336.02101\9599369.1 B-1
EXHIBIT "B"
COMPENSATION
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154
155
AGENDA ITEM 9
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: March 23, 2015
TO: Western Riverside County Programs and Projects Committee
FROM: Mark Lancaster, Right of Way Manager
THROUGH: Marlin Feenstra, Project Delivery Director
SUBJECT: Security Services at Right of Way Properties for State Route 91 Corridor
Improvement Project
This item is for the Committee to:
1) Award Agreement No. 15-31-084-00 to All Security Services for security services during
construction of the State Route 91 Corridor Improvement Project (SR-91 CIP) in the
amount of $100,000;
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 INFORMATION:
The SR-91 CIP widens SR-91 through Corona, extends the existing 91 Express Lanes from the
Orange County line to I-15, improves five local interchanges, reconstructs a portion of the
15/91 interchange, and constructs other general purpose lane and toll express lane
improvements within the corridor. Environmental approval for the SR-91 CIP was obtained in
November 2012. Final design and construction is being accomplished via a design-build
contract approved by the Commission on May 8, 2013. Corridor construction started in early
2014 with lanes scheduled to open to traffic in 2017.
DISCUSSION:
There is an urgent, unexpected and growing need for security services at various commercial
and industrial parcels on the SR-91 CIP due to property fences being removed by Atkinson
Walsh Joint Venture, the design-build contractor, and gaps left between the Commission’s
temporary construction fences and the adjacent properties. By hiring a security firm to monitor
these properties, the Commission is providing a means of securing those gaps until permanent
fences are installed, preventing potential vandalism and theft of private property.
Due to the immediate need for these security services to protect the Commission’s property,
staff determined it was in the Commission’s best interest to use small purchase procedures to
procure these services, which would enable the successful security services firm to begin work
quicker than following formal procurement procedures. In accordance with the Commission’s
Agenda Item 9
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Procurement Policy Manual, staff may use small purchase procedures when procuring services
up to $100,000. Small purchase procedures include obtaining a minimum of three written
quotations and, when practicable, award on the basis of lowest price. Staff anticipates the
proposed contract amount will be sufficient to provide security services through December 31,
2016. Further, staffdoes not expect a need for these services after December 31, 2016.
On October 9, 2014 staff contacted three security services firms – AlliedBarton (Riverside); All
Security Services (Corona); and Intergrated Security Management Group (Rancho Cucamonga) –
and requested quotations for the needed services. Based on staff’s evaluation of the
quotations, it recommends contract award to All Security Services as the firm offered the
lowest pricing among the three firms. All Security Services is a local firm and has performed
satisfactory security services for the Commission in the past.
The Commission’s standard form professional services agreement will be entered into with All
Security Services, subject to any changes approved by the Executive Director, pursuant to legal
counsel review.
Staff recommends award for Agreement No. 15-31-084-00 to All Security Services for security
services during construction of the SR-91 CIP in the amount of $100,000.
Financial Information
In Fiscal Year Budget: Yes
N/A Year:
FY 2014/15
FY 2015/16+
Amount: $20,000
$80,000
Source of Funds: 2009 Measure A Western County Highway
and Debt Proceeds Budget Adjustment: No
N/A
GLA/Project Accounting No.: 003028 81402 00000 0000 262 31 81402
Fiscal Procedures Approved: Date: 03/12/2015
Attachment: Agreement No. 15-31-084-00 (draft)
Agenda Item 9
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17336.00000\8752982.1
Agreement No. 15-31-084-00
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AGREEMENT FOR SECURITY SERVICES
WITH ALL SECURITY SERVICES
1. PARTIES AND DATE.
This Agreement is made and entered into this day of , 2015, by and
between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("the Co-
mmission") and ALL SECURITY SERVICES ("Consultant"), a sole proprietor.
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 security guard 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 security
guard services during the transition of certain properties located in Corona, California
("Project") as more particularly described in Exhibit “A” attached hereto and incorporated
herein by reference.
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.
3.2 Term. The term of this Agreement shall be from the date first specified
above to December 31, 2016, 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.
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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 "A" 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 Commission 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 Contractor; 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 retains Consultant on an independent contractor basis and
Consultant is not an employee of Commission. Consultant retains the right to perform
similar or different services for others during the term of this Agreement. Any additional
personnel performing the Services under this Agreement on behalf of Consultant shall not
be employees of Commission and shall at all times be under Consultant's exclusive
direction and control. Consultant shall pay all wages, salaries, and other amounts due such
personnel in connection with their performance of Services under this Agreement and as
required by law. Consultant shall be responsible for all reports and obligations respecting
such additional personnel, including, but not limited to: social security taxes, income tax
withholding, unemployment insurance, and workers' compensation insurance.
3.5 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval 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: Shawn Watkins.
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 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 Shawn
Watkins, 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
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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 skillful and competent manner, consistent with the standard
generally recognized as being employed by professionals in the same discipline in the
State of California. Consultant represents and maintains that it is skilled in the professional
calling necessary to perform the Services. Consultant warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned
to them. Finally, Consultant represents that it, its employees and subcontractors have all
licenses, permits, qualifications and approvals of whatever nature that are legally required
to perform the Services and that such licenses and approvals shall be maintained
throughout the term of this Agreement. Consultant shall perform, at its own cost and
expense and without reimbursement from Commission, any Services necessary to correct
errors or omissions which are caused by the Consultant’s failure to comply with the
standard of care provided for herein, and shall be fully responsible to the Commission for all
damages and other liabilities provided for in the indemnification provisions of this
Agreement arising from the Consultant’s errors and omissions.
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.
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3.12 Insurance.
3.12.1 Time for Compliance. Consultant 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 a form and with insurance
companies acceptable to the Commission. 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 of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least
as broad as the latest version of the following: (1) General Liability: Insurance Services
Office Commercial General Liability coverage (occurrence form CG 0001 or exact
equivalent); (2) Automobile Liability: Insurance Services Office Business Auto Coverage
(form CA 0001, code 1 (any auto) or exact equivalent); and (3) Workers’ Compensation and
Employer’s Liability: Workers’ Compensation insurance as required by the State of
California and Employer’s Liability Insurance.
(B) Minimum Limits of Insurance. Consultant shall maintain
limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability Insurance or other
form with general aggregate limit is used, either the general aggregate limit shall apply
separately to this Agreement/location or the general aggregate limit shall be twice the
required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury
and property damage; and (3) if Consultant has an employees, Workers’ Compensation
and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of
the State of California. Employer’s 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.
This insurance shall be endorsed to include contractual liability applicable to this
Agreement and shall be written on a policy form coverage specifically designed to protect
against acts, errors or omissions of the Consultant. “Covered Professional Services” as
designated in the policy must specifically include work performed under this Agreement.
The policy must “pay on behalf of” the insured and must include a provision establishing the
insurer's duty to defend.
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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:
(A) General Liability.
(i) Commercial General Liability Insurance must
include coverage for (1) Bodily Injury and Property Damage; (2) Personal Injury/Advertising
Injury; (3) Premises/Operations Liability; (4) Products/Completed Operations Liability; (5)
Aggregate Limits that Apply per Project; (6) Explosion, Collapse and Underground (UCX)
exclusion deleted; (7) Contractual Liability with respect to this Agreement; (8) Broad Form
Property Damage; and (9) Independent Consultants Coverage.
(ii) The policy shall contain no endorsements or
provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims
or suits by one insured against another; or (3) contain any other exclusion contrary to the
Agreement.
(iii) The policy shall give the Commission, its directors,
officials, officers, employees, and agents insured status using ISO endorsement forms 20
10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(iv) The additional insured coverage under the policy
shall be “primary and non-contributory” and will not seek contribution from the
Commission’s insurance or self-insurance and shall be at least as broad as CG 20 01 04
13, or endorsements providing the exact same coverage.
(B) Automobile Liability.
(i) The automobile 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 ownership, operation, maintenance,
use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant
or for which the Consultant is responsible; and (2) the insurance coverage shall be primary
insurance as respects the Commission, its directors, officials, officers, employees and
agents, or if excess, shall stand in an unbroken chain of coverage excess 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.
(C) Workers’ Compensation and Employers Liability
Coverage.
(i) Consultant certifies that he/she is aware of the
provisions of Section 3700 of the California Labor Code which requires every employer to
be insured against liability for workers’ compensation or to undertake self-insurance in
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accordance with the provisions of that code, and he/she will comply with such provisions
before commencing work under this Agreement.
(ii) The insurer shall agree to waive all rights of
subrogation against the Commission, its directors, officials, officers, employees and agents
for losses paid under the terms of the insurance policy which arise from work performed by
the Consultant.
(D) All Coverages.
(i) Defense costs shall be payable in addition to the
limits set forth hereunder.
(ii) Requirements of specific coverage or limits
contained in this section are not intended as a limitation on coverage, limits, or other
requirement, or a waiver of any coverage normally provided by any insurance. It shall be a
requirement under this Agreement that any available insurance proceeds broader than or in
excess of the specified minimum insurance coverage requirements and/or limits set forth
herein shall be available to the Commission, its directors, officials, officers, employees and
agents as additional insureds under said policies. Furthermore, the requirements for
coverage and limits shall be (1) the minimum coverage and limits specified in this
Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance
policy or proceeds available to the named insured; whichever is greater.
(iii) The limits of insurance required in this Agreement
may be satisfied by a combination of primary and umbrella or excess insurance. Any
umbrella or excess insurance shall contain or be endorsed to contain a provision that such
coverage shall also apply on a primary and non-contributory basis for the benefit of the
Commission (if agreed to in a written contract or agreement) before the Commission’s own
insurance or self-insurance shall be called upon to protect it as a named insured. The
umbrella/excess policy shall be provided on a “following form” basis with coverage at least
as broad as provided on the underlying policy(ies).
(iv) Consultant shall provide the Commission at least
thirty (30) days prior written notice of cancellation of any policy required by this Agreement,
except that the Consultant shall provide at least ten (10) days prior written notice of
cancellation of any such policy due to non-payment of premium. If any of the required
coverage is cancelled or expires during the term of this Agreement, the Consultant shall
deliver renewal certificate(s) including the General Liability Additional Insured Endorsement
to the Commission at least ten (10) days prior to the effective date of cancellation or
expiration.
(v) The retroactive date (if any) of each policy is to be
no later than the effective date of this Agreement. Consultant shall maintain such coverage
continuously for a period of at least three years after the completion of the work under this
Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the
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retroactive date is advanced past the effective date of this Agreement; B) if the policy is
cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with
a retroactive date subsequent to the effective date of this Agreement.
(vi) The foregoing requirements as to the types and
limits of insurance coverage to be maintained by Consultant, and any approval of said
insurance by the Commission, is not intended to and shall not in any manner limit or qualify
the liabilities and obligations otherwise assumed by the Consultant pursuant to this
Agreement, including but not limited to, the provisions concerning indemnification.
(vii) If at any time during the life of the Agreement, any
policy of insurance required under this Agreement does not comply with these
specifications or is canceled and not replaced, Commission has the right but not the duty to
obtain the insurance it deems necessary and any premium paid by Commission will be
promptly reimbursed by Consultant or Commission will withhold amounts sufficient to pay
premium from Consultant payments. In the alternative, Commission may cancel this
Agreement. The Commission may require the Consultant to provide complete copies of all
insurance policies in effect for the duration of the Project.
(viii) Neither the Commission nor any of its directors,
officials, officers, employees or agents shall be personally responsible for any liability
arising under or by virtue of this Agreement.
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.
3.12.6 Acceptability of Insurers. Insurance is to be placed with insurers
with a current A.M. Best’s rating no less than A:VIII, 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 commences. The Commission reserves the right to
require complete, certified copies of all required insurance policies, at any time.
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3.12.8 Subconsultant Insurance Requirements. Consultant shall not
allow any subcontractors or subconsultants to commence work on any subcontract until
they have provided evidence satisfactory to the Commission that they have secured all
insurance required under this section. Policies of commercial general liability insurance
provided by such subcontractors or subconsultants shall be endorsed to name the
Commission as an additional insured using ISO form CG 20 38 04 13 or an endorsement
providing the exact same coverage. If requested by Consultant, the Commission may
approve different scopes or minimum limits of insurance for particular subcontractors or
subconsultants.
3.13 Safety. Consultant shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Consultant
shall at all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and life saving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing apparel
as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate
facilities for the proper inspection and maintenance of all safety measures.
3.14 Fees and Payment.
3.14.1 Compensation. Consultant shall receive compensation,
including authorized reimbursements, for all Services rendered under this Agreement at the
rates set forth in Exhibit "C" attached hereto. The total compensation shall not exceed One
Hundred Thousand Dollars ($100,000) 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.
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
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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 shall be clearly identifiable. Consultant shall allow a
representative of Commission during normal business hours to examine, audit, and make
transcripts or copies of such records and any other documents created pursuant to this
Agreement. Consultant shall allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of final
payment under this Agreement.
3.16 Termination of Agreement.
3.16.1 Grounds for Termination. Commission may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without
cause by giving written notice to Consultant of such termination, and specifying the
effective date thereof. Upon termination, Consultant shall be compensated only for those
services which have been fully and adequately rendered to Commission through the
effective date of the termination, and Consultant shall be entitled to no further
compensation. Consultant may not terminate this Agreement except for cause.
3.16.2 Effect of Termination. If this Agreement is terminated as
provided herein, Commission may require Consultant to provide all finished or unfinished
Documents and Data, as defined below, and other information of any kind prepared by
Consultant in connection with the performance of Services under this Agreement.
Consultant shall be required to provide such document and other information within fifteen
(15) days of the request.
3.16.3 Additional Services. In the event this Agreement is terminated
in whole or in part as provided herein, Commission may 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:
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17336.00000\8752982.1 10
CONSULTANT: COMMISSION:
All Security Services Riverside County
3926 Moody St. Transportation Commission
Corona, CA 92508 4080 Lemon Street, 3rd Floor
Riverside, CA 92501
Attn: Shawn Watkins 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 works of authorship fixed in any tangible medium of
expression, including but not limited to, physical drawings or data magnetically or otherwise
recorded on computer diskettes, which are prepared or caused to be prepared by
Consultant under this Agreement (“Documents & Data”).
Consultant shall require all subcontractors to agree in writing that
Commission is granted an exclusive and perpetual license for any Documents & Data the
subcontractor prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right
to grant the exclusive and perpetual license for all such Documents & Data. Consultant
makes no such representation and warranty in regard to Documents & Data which were
prepared by design professionals other than Consultant or provided to Consultant by the
Commission.
Commission shall not be limited in any way in its use of the Documents
& Data at any time, provided that any such use not within the purposes intended by this
Agreement shall be at Commission’s sole risk.
3.18.2 Intellectual Property. In addition, Commission shall have and
retain all right, title and interest (including copyright, patent, trade secret and other
proprietary rights) in all plans, specifications, studies, drawings, estimates, materials, data,
computer programs or software and source code, 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.
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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 approval of the Commission.
All materials and documents which were developed or prepared by the
Consultant for general use prior to the execution of this Agreement and which are not the
copyright of any other party or publicly available and any other computer applications, shall
continue to be the property of the Consultant. However, unless otherwise identified and
stated prior to execution of this Agreement, Consultant represents and warrants that it has
the right to grant the exclusive and perpetual license for all such Intellectual Property as
provided herein.
Commission further is granted by Consultant a non-exclusive and
perpetual license to copy, use, modify or sub-license any and all Intellectual Property
otherwise owned by Consultant which is the basis or foundation for any derivative,
collective, insurrectional, or supplemental work created under this Agreement.
3.18.3 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents and Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant.
Such materials shall not, without the prior written consent of Commission, be used by
Consultant for any purposes other than the performance of the Services. Nor shall such
materials be disclosed to any person or entity not connected with the performance of the
Services or the Project. Nothing furnished to Consultant which is otherwise known to
Consultant or is generally known, or has become known, to the related industry shall be
deemed confidential. Consultant shall not use Commission's name or insignia,
photographs of the Project, or any publicity pertaining to the Services or the Project in any
magazine, trade paper, newspaper, television or radio production or other similar medium
without the prior written consent of Commission.
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 following disclosure.
Consultant shall not respond to any such subpoena or court order until notice to the
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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 Documents & 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 convenient to attain the purposes 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 or in 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
wrongful death, in any manner arising out of or incident to any alleged negligent acts,
omissions or willful misconduct of the Consultant, its officials, officers, employees, agents,
consultants, and contractors arising out of or in connection with the performance of the
Services, the Project or this Agreement, including without limitation, the payment of all
consequential damages, attorneys fees and other related costs and expenses. Consultant
shall defend, at Consultant’s own cost, expense and risk, any and all such aforesaid suits,
actions or other legal proceedings of every kind that may be brought or instituted against
the Commission, its directors, officials, officers, agents, consultants, 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 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.
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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.
3.24 Time of Essence. Time is of the essence for each and every provision
of this Agreement.
3.25 Commission's Right to Employ Other Consultants. The Commission
reserves the right to employ other consultants in connection with this Project.
3.26 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties, and shall not be assigned by Consultant without the
prior written consent of Commission.
3.27 Prohibited Interests and Conflicts.
3.27.1 Solicitation. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working
solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that
it has not paid nor has it agreed to pay any company or person, other than a bona fide
employee working solely for Consultant, any fee, commission, percentage, brokerage fee,
gift or other consideration contingent upon or resulting from the award or making of this
Agreement. For breach or violation of this warranty, Commission shall have the right to
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 Employment. 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, 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
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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 discriminate against any employee or applicant
for employment because of race, religion, color, national origin, ancestry, sex or age. Such
non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff or termination. Consultant shall also comply with all relevant provisions of
Commission's Disadvantaged Business Enterprise program, Affirmative Action Plan or
other related Commission programs or guidelines currently in effect or hereinafter enacted.
3.29 Subcontracting. Consultant shall not subcontract any portion of the
work or Services required by this Agreement, except as expressly stated herein, without
prior written approval of the Commission. Subcontracts, if any, shall contain a provision
making them subject to all provisions stipulated in this Agreement.
3.30 Prevailing Wages. By its execution of this Agreement, Consultant
certified that it is aware of the requirements of California Labor Code Sections 1720 et seq.
and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq.
(“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the
performance of other requirements on certain “public works” and “maintenance” projects. If
the Services are being performed as part of an applicable “public works” or “maintenance”
project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or
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 to execute 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 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
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certificate approving Consultant or any sub-consultant for the employment and training of
apprentices. Upon issuance of this certificate, Consultant and any sub-consultant shall
employ the number of apprentices provided for therein, as well as contribute to the fund to
administer the apprenticeship program in each craft or trade in the area of the work
hereunder.
The parties expressly understand that the responsibility for compliance with
provisions of this Section and with Sections 1777.5, 1777.6 and 1777.7 of the California
Labor Code in regard to all apprenticeable occupations lies with Consultant.
3.32 No Waiver. Failure of Commission to insist on any one occasion upon
strict compliance with any of the terms, covenants or conditions hereof shall not be deemed
a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any
rights or powers hereunder at any one time or more times be deemed a waiver or
relinquishment of such other right or power at any other time or times.
3.33 Eight-Hour Law. Pursuant to the provisions of the California Labor
Code, eight hours of labor shall constitute a legal day's work, and the time of service of any
worker employed on the work shall be limited and restricted to eight hours during any one
calendar day, and forty hours in any one calendar week, except when payment for overtime
is made at not less than one and one-half the basic rate for all hours worked in excess of
eight hours per day ("Eight-Hour Law"), unless 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 subject to 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 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
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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 set forth herein.
3.40 Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the
remaining provisions shall continue in full force and effect.
3.41 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 Headings. 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 written 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]
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SIGNATURE PAGE
TO
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AGREEMENT FOR SECURITY SERVICES
WITH ALL SECURITY SERVICES
IN WITNESS WHEREOF, this Agreement was executed on the date first
written above.
RIVERSIDE COUNTY ALL SECURITY SERVICES
TRANSPORTATION COMMISSION
By: __________________________ By: ____________________________
Daryl R. Busch Signature
Chair
___________________________
Name
____________________________
Title
Approved as to Form: Attest:
By: ____________________________ By: ________________________
Best Best & Krieger LLP
General Counsel Its: Secretary
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Exhibit A - 1
17336.02101\9600794.1
EXHIBIT “A”
SCOPE OF SERVICES
I. LOCATIONS
A. Consultant shall provide security services for the Commission at the
following location(s) (collectively, the “Property”):
a. On an as needed basis, for any other Commission owned properties in
Riverside County, if requested in writing by the Commission as set forth in
this Exhibit “A”.
II. SCOPE OF SERVICES
A. General Requirements
1. Provide security for patrons, buildings, vehicles and personnel at the
Property through the use of Consultant’s trained and qualified security
officers (“Security Officers”). This will include, but not be limited to,
making rounds and clock rounds of assigned areas and key locations,
responding to alarms, and assuring locks of gates and doors.
2. Monitor the Property by walking and/or other means the Consultant
considers best for the Property.
3. Respond to alarms, suspicious activities, fires, injuries, security
incidences, or any emergency situation.
4. Write reports to document incidents, as required.
5. Take photographs and document violations and incidents, as required.
6. Communicate with a broad diversity of persons, including the
communication of information to patrons in a courteous and professional
manner.
7. Perform any other duties or functions not specifically outlined or set forth
above but which are reasonably identified as falling within the scope and
realm of a security officer’s duties and responsibilities.
B. Work Force and Assignments; Requests for Additional Services
1. Consultant shall provide security for the properties during the term of this
Agreement as follows, unless otherwise directed in writing by the
Commission:
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Exhibit A - 2
17336.02101\9600794.1
a. Mondays-Fridays: One (1) unarmed Security Officer shall be stationed
on site at all times during the hours of 6pm -6am.
b. Saturday-Sunday: One (1) unarmed Security Officer shall be stationed
on site at all times (twenty-four (24) hours a day).
2. Commission may request that Consultant provide additional security
Services on the properites, or on other properties of the Commission.
Requests may be made via electronic mail to
shawn.p.watkins@gmail.com with no less than twenty-four (24) hours prior
notice. Consultant shall acknowledge all such requests by Commission.
a. In addition to unarmed Security Officers, Commission may request
that Consultant station armed Security Officers and or armed or unarmed
Security Officers with a K-9 unit. Hourly rates for such Services are set
forth in Exhibit “B”.
C. Assignment Requirements
1. Security Officers will be required to wear appropriate security uniforms
and shall patrol all areas on an hourly basis throughout the shift.
2. Consultant shall provide an adequate supply of flashlights and batteries,
raingear, uniforms, clipboards and any other personnel equipment
reasonably necessary for each Security Officer to perform his/her duties.
3. All equipment utilized by the Consultant in the execution of this
Agreement shall be maintained by the Consultant.
4. The schedule of the Security Officer shifts will be as Consultant considers
best for the Property and in compliance with the security hours of service
required by Commission.
D. Communications and Records
1. Security Officers shall be in communication with Consultant headquarters
and shall have mobile communication capability to contact police, if
necessary.
2. Consultant shall provide accurate, legible, detailed reports of daily activity
(DARs) and submit the same to the Commission.
a. The DARs shall include, but not be limited to, details related to all
unsafe equipment or conditions of site, any accidents or injuries
occurring on property, all equipment failure, schedule of services
providers and a count of vehicles remaining in parking lots after
176
Exhibit A - 3
17336.02101\9600794.1
hours.
3. In the event of emergency, incidents shall be reported to the designated
Commission representative immediately.
E. Minimum Qualifications for Prospective Security Officers
Security Officers utilized by Consultant must meet the following minimum
qualificiations:
1. Must be a graduate of a state certified security officer/guard training
program and possess current, valid Consumer Affairs guard cards,
certification to carry mace (a chemical agent), and handcuffs. Consultant
and all Security Officers of Consultant shall possess all necessary
certificates and permits required by state and any local jurisdiction. All
armed Security Officers shall possess all necessary certificates, permits,
and training required by state and local jurisdictions to carry and utilize a
firearm.
2. Must possess current First Aid and CPR (Cardiopulmonary Resuscitation)
certification cards. Certification as an Emergency Medical Technician level
(EMT-1) may substitute for the first aid requirement.
3. May not be employed under this Agreement if he or she currently or in the
past has been involved in:
a. Any felony conviction;
b. Military conduct resulting in dishonorable or undesirable discharge;
c. Any pattern of irresponsible behavior, including but not limited to
unreasonable driving, theft, or a problem employee record.
4. Must be fully literate in the English language (i.e., able to read, write,
speak) and understand clearly. All personnel shall be capable of properly
writing reports and maintaining a daily activity log.
5. Must meet the following requirements regarding personal behavior and
ability:
a. Ability to meet and deal tactfully with government personnel, facility
employees and the general public;
b. Ability to understand, explain, interpret and apply rules, regulations,
directives and procedures;
c. Possess poise, self-confidence and an ability to make sound
decisions and react quickly under stressful conditions;
d. Ability to prepare clear and concise reports;
e. Ability to learn and adapt to changing situations;
f. Ability to accept and respond to instructions and direction.
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Exhibit A - 4
17336.02101\9600794.1
6. Must meet the physical demands. The work requires frequent and
prolonged walking, standing, sitting and some running. It is possible the
guards may encounter smoke and/or chemicals. Occasionally, security
personnel may be required to subdue violent or potentially violent people.
Accordingly, physical stamina in all its forms (mental, climate-related, etc.)
is a basic physical requirement of this position.
End of Statement of Work
178
179
AGENDA ITEM 10
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: March 23, 2015
TO: Western Riverside County Plans and Programs Committee
FROM: Robert Yates, Multi Modal Services Director
THROUGH: John Standiford, Deputy Executive Director
SUBJECT: 2015 Western Riverside Specialized Transit Call for Projects – Measure A
Specialized Transit Grant Awards
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Award Agreement No. 15-26-067-00 to Blindness Support Services, Inc. for the provision
of travel training services (Travel Training Program) in an amount not to exceed
$197,792 in Measure A Specialized Transit grant funds;
2) Award Agreement No. 15-26-068-00 to Boys and Girls Clubs of Southwest County for the
provision of directly operated transportation services (Before and After School
Transportation Program) in an amount not to exceed $816,250 in Measure A Specialized
Transit grant funds;
3) Award Agreement No. 15-26-069-00 to Care-A-Van Services, Inc. for the provision of
directly operated transportation services (Care-A-Van Project) in an amount not to
exceed $1,236,468 in Measure A Specialized Transit grant funds;
4) Award Agreement No. 15-26-070-00 to Care Connexxus, Inc. for the provision of directly
operated transportation services (Specialized Transit Project) in an amount not to
exceed $781,130 in Measure A Specialized Transit grant funds;
5) Award Agreement No. 15-26-071-00 to the city of Norco Parks Department for the
provision of directly operated transportation services (Norco Senior Shuttle Service
Program) in an amount not to exceed $180,000 in Measure A Specialized Transit grant
funds;
6) Award Agreement No. 15-26-072-00 to Community Connect for the provision of
transportation information services (211 Riverside One Call/One Click Project) in an
amount not to exceed $255,139 in Measure A Specialized Transit grant funds;
7) Award Agreement No. 15-26-073-00 to Community Connect for the provision of
transportation pass or voucher services (Transportation Access Program) in an amount
not to exceed $578,025 in Measure A Specialized Transit grant funds;
8) Award Agreement No. 15-26-074-00 to County of Riverside Department of Mental
Health for the provision of directly operated transportation service (Transportation
Program) in an amount not to exceed $549,826 in Measure A Specialized Transit grant
funds;
Agenda Item 10
180
9) Award Agreement No. 15-26-075-00 to Forest Folk, Inc. for the provision of directly
operated transportation service (Idyllwild Areas Shuttle Service) in an amount not to
exceed $157,000 in Measure A Specialized Transit grant funds;
10) Award Agreement No. 15-26-076-00 to Friends of Moreno Valley Senior Center, Inc. for
the provision of directly operated transportation services (Mo Van Transit Service) in an
amount not to exceed $205,128 in Measure A Specialized Transit grant funds;
11) Award Agreement No. 15-26-077-00 to Independent Living Partnership for the provision
of mileage reimbursement to volunteer drivers (Transportation Reimbursement and
Information Project – TRIP Western Riverside) in an amount not to exceed $1,270,254 in
Measure A Specialized Transit grant funds;
12) Award Agreement No. 15-26-078-00 to Inland Aids Project for the provision of directly
operated transportation services (Inland Aids Project Transportation Program) in an
amount not to exceed $283,930 in Measure A Specialized Transit grant funds;
13) Award Agreement No. 15-26-079-00 to Operation SafeHouse, Inc. for the provision of
directly operated transportation services (Main Street Transitional Living Program) in an
amount not to exceed $89,343 in Measure A Specialized Transit grant funds;
14) Award Agreement No. 15-26-080-00 to the Riverside County Regional Medical Center
for the provision of directly operated transportation services (Specialized Non-
Emergency Medical Transportation program) in an amount not to exceed $918,322 in
Measure A Specialized Transit grant funds;
15) Award Agreement No. 15-26-081-00 to United States Veterans Initiative for the
provision of directly operated transportation services (U.S. Vets Inland Empire
Transportation Program) in an amount not to exceed $129,915 in Measure A Specialized
Transit grant funds;
16) Award Agreement No. 15-26-082-00 to Voices for Children for the provision of mileage
reimbursement to volunteer drivers (Volunteer Mileage Reimbursement Program) in an
amount not to exceed $269,478 in Measure A Specialized Transit grant funds;
17) Award Agreement No. 15-26-086-00 to Riverside Transit Agency for the provision of a
two-year demonstration program for Dial-A-Ride Plus in an amount not to exceed
$82,000 in Measure A Specialized Transit grant funds;
18) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute
the agreements on behalf of the Commission;
19) Forward to the Commission for final action.
BACKGROUND INFORMATION:
Providing funding to non-profit providers of transit services for persons with disabilities, low
income, and senior citizens has long been a priority of the Commission. The voter-approved
1989 and 2009 Measure A Expenditure Plans specify funding allocations for the provision of this
type of service provided by the transit operators and non-profit agencies.
At its April 2008 meeting, the Commission approved the Coordinated Public Transit – Human
Services Transportation Plan (Coordinated Plan) and adopted a strategy for developing and
conducting a specialized transit call for projects program for Western County. An update to the
2008 Coordinated Plan (2012 Update) was conducted in the fall of 2011 and spring of 2012 and
Agenda Item 10
181
was approved by the Commission in July 2012. The 2012 Update identified additional qualified
populations as well as underserved areas of Riverside County that would qualify for funding
under the Specialized Transit Call for Projects.
At its October 2008 meeting, the Commission approved the first two-year program suite of
Measure A specialized transit projects for implementation with a funding allocation totaling
$6 million. On April 13, 2011, the Commission approved the second two-year suite of
specialized transit projects for implementation with a funding allocation totaling $4.2 million. A
third two-year suite of specialized transit projects was approved on April 10, 2013, for
FY 2013/14 and FY 2014/15 implementation with a funding allocation totaling $5.4 million. All
projects awarded under the 2008 and 2011 Specialized Transit Call for Projects have been
completed, and the 2013 Call for Projects will conclude the program’s two-year term on June
30, 2015.
With the third program cycle set to expire on June 30, 2015, the Commission once again
directed staff in November 2014 to develop the application and scoring criteria for the 2015
Western Riverside Specialized Transit Call for Projects (2015 Call for Projects), and approved the
fund allocation. The applications were released to the public on November 12, 2014, with the
implementation term revised from two years to three years. The due date for completed
proposals was January 9, 2015, at which time 17 eligible proposals from various agencies were
received by the Commission.
DISCUSSION:
2015 Specialized Transit Call for Projects Fund Allocation
The following table is a summary of the Commission approved fund allocation made available
to the call for projects for FY 2015/16 to 2017/18:
FISCAL YEARS 2015/16 – 2017/18
Funding Source Fiscal Year TOTAL
2009 Measure A 2016 $ 2,600,000
2009 Measure A 2017 2,700,000
2009 Measure A 2018 2,700,000
TOTAL
$ 8,000,000
The 2015 Call for Projects differs significantly from the previous three cycles in two distinct
ways. First, rather than the call for projects consisting of a two-year program term, staff
implemented a three-year term. The three-year term is intended to provide stability to the
program by ensuing a longer service period to those in need, and it is also intended to reduce
the work effort required by Commission staff to implement a call for projects every two years
along with a significant reduction in participant cost and time needed to write grant
applications.
Agenda Item 10
182
Secondly, as a result of MAP-21, Jobs Access Reverse Commute (JARC) and New Freedom (NF)
funds are no longer provided by the federal government. These federal funds were
competitively distributed in the previous three cycles of the call for projects and typically added
$1.5 to $2 million dollars per year to the program for each cycle. With the discontinuation of
these funds, this cycle of the call for projects only utilizes 2009 Measure A Western County
specialized transit funds. The result of this loss in funding source is that the 2015 Call for
Projects is highly over-subscribed by$4,550,289 in terms of funds sought by applicants
compared to funds actually available from the Commission.
Evaluation and Scoring
To evaluate and score the projects, staff invited the Citizen’s Advisory Committee/Social
Services Transportation Advisory Council (two votes) to participate on the project evaluation
and scoring committee. Commission staff also participated with one vote and one additional
non-voting evaluation was provided by an outside consultant for the Commission. Essentially,
projects were evaluated by a group consisting of participants having no vested operational
interest in the evaluation. The intent of staff with this panel was to provide an unbiased scoring
environment that would allow for the best projects to rise to the top.
The scoring criterion used by the evaluation committee was developed from the goals and
objectives analysis that were generated during the development of the 2008 Coordinated Plan
and the 2012 Update. Attachments 1 and 2 outline the results of this process identifying
awarded amounts as well as scores and rankings.
Process and Schedule
In order to meet a service start date of July 1, 2015, staff recommends the approval of the
agreements as outlined in the staff recommendation. Upon receiving Commission approval,
staff will develop the agreements for the approved service providers. Upon conclusion of the
agreement process, service will be scheduled for implementation on or after July 1, 2015.
There is no financial impact on the current budget, thus, no budget action is needed nor
requested at this time. Measure A Specialized Transit funds of $8 million for projects approved
by the Commission will be programmed for FYs 2015/16, 2016/17, and 2017/18 through the
regular budget process.
Financial Information
In Fiscal Year Budget: N/A Year: FY 2015/16 + Amount: $8,000,000
Source of Funds: 2009 Measure A Western County
Specialized Transit Budget Adjustment: N/A
GLA No.: 260 26 86101 $8,000,000 Specialized Transit Expenditures
Fiscal Procedures Approved: Date: 03/17/2015
Agenda Item 10
183
Attachments:
1) 2015 Western Riverside Specialized Transit Measure A Funding Allocations
2) 2015 Project Request and Adjusted Funding Summary
Agenda Item 10
184
ATTACHMENT 1
FY 15/16 FY 16/17 FY 17/18 3-Year Total
Blindness Support Services 63,855$ 65,901$ 68,036$ 197,792$
Boys & Girls Club of SW County 263,250 269,000 284,000 816,250
Care-A-Van 390,257 410,123 436,088 1,236,468
Care Connexxus 256,130 260,000 265,000 781,130
City of Norco 60,000 60,000 60,000 180,000
Community Connect - 211 82,955 85,029 87,155 255,139
Community Connect - TAP 187,930 192,631 197,464 578,025
County of Riverside Department of
Mental Health 173,261 176,565 200,000 549,826
Forest Folk, Inc.50,000 52,000 55,000 157,000
Friends of Moreno Valley 68,376 68,376 68,376 205,128
Independent Living Partnership - WC 411,160 456,294 402,800 1,270,254
Inland Aids Project 91,930 95,000 97,000 283,930
Operation SafeHouse 29,269 29,776 30,298 89,343
Riv. Co. Regional Medical Center 303,322 305,000 310,000 918,322
United States Veterans Initiative 43,305 43,305 43,305 129,915
Voices for Children 84,000 90,000 95,478 269,478
Riverside Transit Agency 41,000$ 41,000$ -$ 82,000$
Total Specialized Transit Funding 2,600,000$ 2,700,000$ 2,700,000$ 8,000,000$
Agency
2015 WESTERN RIVERSIDE SPECIALIZED TRANSIT MEASURE A FUNDING ALLOCATIONS
185
AGENCY SCOREMeasure A
Requested
Measure A
Adjusted
Measure A
Capital
Requested
Measure A
Capital
Adjusted
Minimum
Local Match
Total Year 1
Project Cost
(Measure A +
Match)
Measure A
Requested
Measure A
Adjusted
Measure A
Capital
Requested
Measure A
Capital
Adjusted
Minimum
Local Match
Total Year 2
Project Cost
(Measure A +
Match)
Measure A
Requested
Measure A
Adjusted
Measure A
Capital
Requested
Measure A
Capital
Adjusted
Minimum
Local Match
Total Year 3
Project Cost
(Measure A +
Match)
TOTAL 3
YEAR
PROJECT
COST
TOTAL 3 YEAR
MEASURE A
AWARD
Community Connect - TAP
93 187,930$ 187,930$ 96,812$ $ 284,742 $ 192,631 $ 192,631 $ 99,234 $ 291,865 $ 197,464 $ 197,464 $ 101,724 $ 299,188 $ 875,795 $ 578,025
Independent Living
Partnership 93 661,160 411,160 211,810 622,970 714,009 456,294 235,061 691,355 746,719 402,800 207,503 610,303 1,924,627 1,270,254
Operation SafeHouse
92 29,269 29,269 15,078 44,347 29,776 29,776 15,339 45,115 30,298 30,298 15,608 45,906 135,368 89,343
Care-A-Van
91 400,257 390,257 201,041 591,298 420,123 410,123 211,275 621,398 440,088 436,088 224,651 660,739 1,873,436 1,236,468
Community Connect - 211
87 82,955 82,955 42,734 125,689 85,029 85,029 43,803 128,832 87,155 87,155 44,898 132,053 386,574 255,139
City of Norco
81 60,000 60,000 30,909 90,909 60,000 60,000 30,909 90,909 60,000 60,000 30,909 90,909 272,727 180,000
Voices for Children
81 84,000 84,000 43,273 127,273 151,200 90,000 46,364 136,364 226,800 95,478 49,186 144,664 408,300 269,478
Care Connexxus
77 313,130 256,130 131,946 388,076 325,193 260,000 133,939 393,939 337,761 265,000 136,515 401,515 1,183,530 781,130
Inland AIDS
77 106,930 91,930 47,358 139,288 107,860 95,000 48,939 143,939 108,808 97,000 49,970 146,970 430,197 283,930
Riv. Co. Regional Medical
Center 75 436,818 303,322 156,257 459,579 458,623 305,000 157,121 462,121 481,518 310,000 159,697 469,697 1,391,397 918,322
Blindness Support Services
69 63,855 63,855 32,895 96,750 65,901 65,901 33,949 99,850 68,036 68,036 35,049 103,085 299,685 197,792
Friends of Moreno Valley
69 68,376 68,376 35,224 103,600 68,376 68,376 35,224 103,600 68,376 68,376 35,224 103,600 310,800 205,128
United States Veterans
Initiative 68 43,305 43,305 22,309 65,614 43,305 43,305 22,309 65,614 43,305 43,305 22,309 65,614 196,841 129,915
Boys and Girls Club SWC
65 294,250 263,250 58,000 - 135,614 398,864 320,860 269,000 60,000 - 138,576 407,576 347,600 284,000 65,000 - 146,303 430,303 1,236,742 816,250
County of Riverside - Mental
Health Department 61 721,325 173,261 89,256 262,517 742,965 176,565 90,958 267,523 765,254 200,000 103,030 303,030 833,070 549,826
Forest Folk, Inc.
56 56,386 50,000 7,875 - 25,758 75,758 55,132 52,000 26,788 78,788 55,132 55,000 28,333 83,333 237,879 157,000
Riverside Transit Agency -
*2 Yr Demonstration DAR Plus 66 190,931 41,000 21,121 62,121 258,775 41,000 21,121 62,121 394,465 - - - 124,242 82,000
Totals $ 3,800,877 $ 2,600,000 $ 65,875 $ - $ 1,339,394 $ 3,939,394 $4,099,758 $ 2,700,000 $ 60,000 $ - $ 1,041,275 $ 4,090,909 $ 4,458,779 $ 2,700,000 $ 65,000 $ - $ 1,066,074 $ 4,090,909 $12,121,212 $ 8,000,000
ATTACHMENT 2
Year 1 Year 2 Year 3 3 YEAR TOTAL
2015 PROJECT REQUEST AND ADJUSTED FUNDING SUMMARY
186
AGENDA ITEM 11
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: March 23, 2015
TO: Western Riverside County Programs and Projects Committee
FROM: Sheldon Peterson, Rail Manager
THROUGH: Robert Yates, Multimodal Services Director
SUBJECT: Amendment to Commission’s Rail Program Short Range Transit Plans
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Amend the Commission’s Commuter Rail Program’s FY 2014/15 Short Range Transit Plan
(SRTP), as follows:
a) Allocate $3,589,325 of FY 2014/15 Proposition 1B Public Transportation
Modernization, Improvement, and Service Enhancement Account (PTMISEA)
funds to the Riverside County rail passenger efficiency upgrades project;
b) Allocate $17,895,032 of Federal Transit Administration (FTA) Section 5307 Grant
funds to the Riverside County rail passenger efficiency upgrades project;
c) Allocate $11,631,985 FTA Section 5337 Grant funds to the commuter rail state of
good repair project;
d) Allocate $2,281,747 FTA Section 5309 Grant funds to the existing commuter rail
rehabilitation project; and
e) Allocate $355,617 from the FY 2013/14 and $355,625 from the FY 2014/15
Proposition 1B California Transit Security Grant Program – California Transit
Assistance Fund (CTSGP-CTAF) funds for video surveillance system upgrades and
station security equipment;
2) Adopt Resolution No. 15-007 and Resolution No. 15-008, “Resolution of the Riverside
County Transportation Commission Appointing Individuals to Act on Behalf of the
Commission for the Purpose of Applying and/or Accepting Grants Awarded to the
Commission’s Rail Program” related to the two CTSGP-CTAF grants; and
3) Forward to the Commission for final action.
BACKGROUND INFORMATION:
The Commission’s Commuter Rail Program is responsible for the management of several key
funding sources and grants that are used directly for Metrolink service and capital upgrades as
well as station and rail property related projects. These grants have a long lead time to get into
the state and federal grant process in order to obtain approvals. Amendment of the SRTP
initiates this process in order to make the funds available for use in the FY 2015/16 budget and
future fiscal years. There are no immediate financial commitments or contracts associated with
Agenda Item 11
187
amending the SRTP and all related projects including construction or other cash expenditures
will come back to the Commission for formal approval.
The first step in making the grant funds usable is to update the SRTPs, which include plans for
the Commission’s Commuter Rail Program and provide detailed information about existing
services and facilities, financial forecasts, and plans, as well as planned and proposed
improvements to be implemented. This amendment will allow these projects to be included in
the list of Federal Transportation Improvement Projects and the annual Program of Projects.
The Commission’s Commuter Rail Program is requesting the following amendments and
allocations to the FY 2014/15 Commuter Rail SRTP in order to set up the ability to use grant
funds in future budget years.
1) Allocate $3,589,325 of FY 2014/15 Proposition 1B PTMISEA funds to the Riverside
County rail passenger efficiency upgrades project;
2) Allocate $17,895,032 of FTA Section 5307 Grant funds to the Riverside County Rail
passenger efficiency upgrades project;
3) Allocate $11,631,985 FTA Section 5337 Grant funds to the commuter rail state of good
repair project;
4) Allocate $2,281,747 FTA Section 5309 Grant funds to the existing commuter rail
rehabilitation project; and
5) Allocate $355,617 from the FY 2013/14 and $355,625 from the FY 2014/15 CTSGP-CTAF
funds for video surveillance system upgrades and station security equipment.
The Riverside County rail passenger upgrade project is a series of improvement projects that
will use both Proposition 1B and FTA Section 5307 funds to improve the customer experience
for rail passengers traveling in and out of Riverside County. The customer experience is critical
to maintaining and improving the system ridership and maximizing the public investment in
transit. This project includes a series of efforts that will help to build and improve the local
transportation network.
Specifically, the proposed project will improve passenger access to the system with improved
station platforms and access ways including pedestrian bridges, walkways, connections,
parking, bicycle paths, and bicycle storage solutions to facilitate active transportation to the
stations. In addition, related track work and layover facilities that can be used to improve
passenger train performance and availability will be implemented. The project may also include
upgrades to technology with improved ticket vending machines, customer information kiosks,
communication upgrades, signage, and potentially wireless internet connectivity at the station.
Staff will work cooperatively with capital programs and facility management staff to continue to
identify specific projects and initiate project development.
The grant projects will look to address passenger comfort and security at the stations, with
passenger shelters to protect riders from the elements and emergency phones to improve
security. Security and safety will also be addressed with improved fencing and access control to
Agenda Item 11
188
the platforms to ensure safe and efficient paths of travel for the riders. Security lighting will
also be included to make the stations welcoming throughout the year, especially for the early
morning and late night commuters.
The projects identified will fundamentally improve the entire station experience and will
enhance the network’s ability to attract and retain ridership. The customer's journey on our rail
system begins and ends at the stations, and the quality of the customer’s time there can
dramatically impact his or her decision to use transit in the future.
The FTA funding for the commuter rail state of good repair and the existing commuter rail
rehabilitation projects are primarily used to fund the Commission’s obligations to the Metrolink
system. These capital improvements include a wide range of projects to the aging system.
They could include locomotive and rail car repair, rehabilitation, replacement, track and system
upgrades and rehabilitation, systems upgrades such as ticket vending machines, dispatching
and safety systems, and mechanical facilities.
The CTSGP-CTAF funds will be used to upgrade the video surveillance systems at the
Commission’s existing stations as well as look to implement improvements to the new Perris
Valley Line stations. In addition, it will provide tools and security equipment for the guard force
protecting the stations. The Commission is a leading example of effective station security in the
Metrolink network, which is plagued with ticket machine vandalism and thefts across some of
the other counties.
The CTSGP-CTAF is administered by the California Governor’s of Office of Emergency Services
(Cal OES). Cal OES requires a resolution appointing individuals to act on behalf of the
Commission’s Rail Program. These resolutions are needed in order to successfully complete the
grant submittal process for each grant. Resolution No. 15-007 and Resolution No. 15-008 will
appoint the Rail Manager to act on behalf of the Commission for the purpose of applying for
and/or accepting the two grants awarded to the Commission’s Rail Program.
The Proposition 1B PTMISEA and CTSGP-CTAF funds will be available after the grant process is
complete and the state executes a related bonds sale. The FTA funds are used on a
reimbursement basis but are only available after the grants are fully executed which can be a
four to six month process. As mentioned earlier there are no planned expenditures related to
this action in the FY 2014/15 budget year; however, these funds will be included in subsequent
years’ budgets.
Agenda Item 11
189
Financial Information
In Fiscal Year Budget: N/A Years: FY 2015/16+ Amount: $36,109,331
Source of Funds:
Proposition 1B PTMISEA and CTSGP-
CTAF; FTA Section 5307, FTA Section
5337, and FTA Section 5309 Grant
Funds
Budget Adjustment: N/A
GLA No.:
004011 415 41507 265 33 41502 $ 3,589,325 Proposition 1B PTMISEA
004011 414 41404 265 33 41401 $ 17,895,032 FTA Section 5307
004017 414 41404 265 33 41401 $ 13,913,732 FTA Sections 5337 and 5309
004012 415 41507 265 33 41502 $ 711,242 Proposition 1B CTSGP-CTAF
Fiscal Procedures Approved: Date: 03/17/2015
Attachments:
1) Resolution No. 15-007
2) Resolution No. 15-008
Agenda Item 11
190
ATTACHMENT 1
RESOLUTION NO. 15-007
RESOLUTION OF THE
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
APPROVING THE ALLOCATION OF FY 13-14 PROPOSITION 1B-6561-0002
CALIFORNIA TRANSIT SECURITY GRANT PROGRAM-
CALIFORNIA TRANSIT ASSISTANCE FUNDS
TO THE RCTC COMMUTER RAIL PROGRAM AND DESIGNATION OF
AUTHORIZED AGENT
WHEREAS, the Highway Safety, Traffic Reduction, Air Quality, and Port Security
Bond Act of 2006 authorizes the issuance of general obligation bonds for specified
purposes, including, but not limited to, funding made available for capital projects that
provide increased protection against security and safety threats, and for capital
expenditures to increase the capacity of transit operators to develop disaster response
transportation systems; and
WHEREAS, the California Governor’s Office of Emergency Services (Cal OES)
administers such funds deposited in the Transit System Safety, Security, and Disaster
Response Account under the California Transit Security Grant Program (CTSGP); and
WHEREAS, the Riverside County Transportation Commission (RCTC) is eligible
to receive CTSGP funds; and
WHEREAS, RCTC will apply for FY 13-14 CTSGP funds in an amount up to
$355,617 for additional security related equipment, fencing, security roving carts, and
storage facilities to protect security equipment at all Riverside County Metrolink
Stations; and
WHEREAS, RCTC recognizes that it is responsible for compliance with all Cal
OES CTSGP grant assurances, and state and federal laws, including, but not limited to,
laws governing the use of bond funds; and
WHEREAS, Cal OES requires RCTC to complete and submit a Governing Body
Resolution for the purposes of identifying agents authorized to act on behalf of RCTC to
execute actions necessary to obtain CTSGP funds from Cal OES and ensure continued
compliance with Cal OES CTSGP assurances, and state and federal laws.
NOW, THEREFORE IT BE RESOLVED THEREFORE, IT IS HEREBY
RESOLVED BY THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION
THAT SHELDON PETERSON, RAIL PROGRAM MANAGER, AND/OR HIS
DESIGNEE, is hereby authorized to execute for and on behalf of RCTC, a public entity
established under the laws of the State of California, any actions necessary for the
purpose of obtaining financial assistance provided by the California Governor’s Office of
Emergency Services under the CTSGP.
191
APPROVED AND ADOPTED this 11th day of April 2015.
Daryl R. Busch, Chair
Riverside County Transportation Commission
ATTEST:
Jennifer Harmon, Clerk of the Board
Riverside County Transportation Commission
192
ATTACHMENT 2
RESOLUTION NO. 15-008
RESOLUTION OF THE
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
APPROVING THE ALLOCATION OF FY 14-15 PROPOSITION 1B-6561-0002
CALIFORNIA TRANSIT SECURITY GRANT PROGRAM-
CALIFORNIA TRANSIT ASSISTANCE FUNDS
TO THE RCTC COMMUTER RAIL PROGRAM AND DESIGNATION OF
AUTHORIZED AGENT
WHEREAS, the Highway Safety, Traffic Reduction, Air Quality, and Port Security
Bond Act of 2006 authorizes the issuance of general obligation bonds for specified
purposes, including, but not limited to, funding made available for capital projects that
provide increased protection against security and safety threats, and for capital
expenditures to increase the capacity of transit operators to develop disaster response
transportation systems; and
WHEREAS, the California Governor’s Office of Emergency Services (Cal OES)
administers such funds deposited in the Transit System Safety, Security, and Disaster
Response Account under the California Transit Security Grant Program (CTSGP); and
WHEREAS, the Riverside County Transportation Commission (RCTC) is eligible
to receive CTSGP funds; and
WHEREAS, RCTC will apply for FY 14-15 CTSGP funds in an amount up to
$355,625 for additional security related equipment, fencing and storage facilities for
safety equipment at all Riverside County Metrolink Stations; and
WHEREAS, RCTC recognizes that it is responsible for compliance with all Cal
OES CTSGP grant assurances, and state and federal laws, including, but not limited to,
laws governing the use of bond funds; and
WHEREAS, Cal OES requires RCTC to complete and submit a Governing Body
Resolution for the purposes of identifying agents authorized to act on behalf of RCTC to
execute actions necessary to obtain CTSGP funds from Cal OES and ensure continued
compliance with Cal OES CTSGP assurances, and state and federal laws.
NOW, THEREFORE IT BE RESOLVED THEREFORE, IT IS HEREBY
RESOLVED BY THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION
THAT SHELDON PETERSON, RAIL PROGRAM MANAGER, AND/OR HIS
DESIGNEE, is hereby authorized to execute for and on behalf of RCTC, a public entity
established under the laws of the State of California, any actions necessary for the
purpose of obtaining financial assistance provided by the California Governor’s Office of
Emergency Services under the CTSGP.
193
APPROVED AND ADOPTED this 11th day of April 2015.
Daryl R. Busch, Chair
Riverside County Transportation Commission
ATTEST:
Jennifer Harmon, Clerk of the Board
Riverside County Transportation Commission
194