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03 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. .--------------------------------------- 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 T ~ D ~ ~ /K P' ~ Absent D D D D { D D D D D D --------------------------------------- Join the Southern California Association of Governments for a special 50th anniversary celebration at SCAG's upcoming Regional Conference and General Assembly. May 7-8. 2015 JW Marriott Desert Springs Resort & Spa 74855 Country Club Drive Palm Desert CA 92260 Early registration is available at www.scag.ca.gov/ga2015 CELEBRATING OUR P/\ST, ENVISIONING OUR FUTURE AJ #2565 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 • Construction management approach; and • Contracts management and procurement approach. Based on the evaluation panel’s assessment of the SOQs and pursuant to the terms of the RFQ, the evaluation panel short listed and invited two firms – PTG and HDR Engineering, Inc. – to the interview phase of the evaluation and selection process. The SOQ score counted for 60 percent of the overall combined score and the interview counted 40 percent. Interviews were conducted and scored using the same evaluation criteria on December 18. Subsequently, the evaluation panel determined PTG to be the most qualified firm to provide PCM services for the I-15 Express Lanes project, as it earned the highest total evaluation score. Negotiation of Contract Terms, Scope, Schedule, and Cost Immediately after the evaluation panel deemed PTG as the most qualified firm for the scope of services, staff began negotiations to finalize contract terms, scope, schedule, and cost. In addition, staff conducted a pre-award audit of PTG and eight of its subconsultants. Attached is the contract including attachments for work scope (Exhibit A), schedule (Exhibit B), and a summary of the contract cost (Exhibit C). The final contract cost was negotiated and based on the results of the pre-award audit. Documentation and details of contract cost will be provided with the agenda item presented to the Commission, as this information is in the process of final review and acceptance. Previous sections of this staff report summarize the PCM scope of work and schedule for the contract. Staff tentatively negotiated a base contract value of $50,625,807 with a contingency of $4,050,065 (8 percent of the base contract value) for a total not to exceed amount of $54,675,872 for an approximate contract term of six years. Parsons Transportation Group Qualifications and Background PTG, headquartered in Pasadena, is an internationally recognized engineering and construction company with over 15,000 employees working on more than 5,000 projects in 50 states and 30 countries. Therefore, it can provide the full range of services as well as depth of resources needed to meet the challenges of the I-15 ELP. The company brings national A-team expertise to bear in design-build, tolling, and complex freeway construction projects. Locally, PTG has offices in Ontario, Irvine, and San Diego and has teamed with other firms including Parsons Brinckerhoff, Inc.; Simon Wong Engineering; Overland, Pacific & Cutler, Inc.; Psomas; Group Delta Consultants, Inc.; GCAP Services, Inc.; RT Engineering and Associates, Inc.; S2 Engineering; Technology Partnerz, Ltd.; and Transportation Innovations, Inc. PTG has significant Southern California experience in large design-build projects including its role as the PCM for the Commission’s 91 Project, the SR-22 design-build project in Orange County, and the SR-125 Southbay Expressway toll road project in San Diego County. Agenda Item 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 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 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 8 112 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 8 113 17336.02101\9599369.1 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. 114 2 17336.02101\9599369.1 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 115 3 17336.02101\9599369.1 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. 116 4 17336.02101\9599369.1 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. 117 5 17336.02101\9599369.1 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 118 6 17336.02101\9599369.1 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 119 7 17336.02101\9599369.1 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 120 8 17336.02101\9599369.1 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 121 9 17336.02101\9599369.1 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: 122 10 17336.02101\9599369.1 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. 123 11 17336.02101\9599369.1 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 124 12 17336.02101\9599369.1 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. 125 13 17336.02101\9599369.1 3.24 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.25 Commission's Right to 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, 126 14 17336.02101\9599369.1 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. 127 15 17336.02101\9599369.1 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. 128 16 17336.02101\9599369.1 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] 129 17 17336.02101\9599369.1 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 130 17336.02101\9599369.1 A-1 EXHIBIT "A" SCOPE OF SERVICES [___INSERT___] 131 Stantec | Investment Grade Traffic and Revenue Study Services for I-15 Express Lanes Project 12 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. 132 Stantec | Investment Grade Traffic and Revenue Study Services for I-15 Express Lanes Project 13 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. 133 Stantec | Investment Grade Traffic and Revenue Study Services for I-15 Express Lanes Project 14 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. 134 Stantec | Investment Grade Traffic and Revenue Study Services for I-15 Express Lanes Project 15 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, 135 Stantec | Investment Grade Traffic and Revenue Study Services for I-15 Express Lanes Project 16 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: 136 Stantec | Investment Grade Traffic and Revenue Study Services for I-15 Express Lanes Project 17  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. 137 Stantec | Investment Grade Traffic and Revenue Study Services for I-15 Express Lanes Project 18 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 138 Stantec | Investment Grade Traffic and Revenue Study Services for I-15 Express Lanes Project 19 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 139 Stantec | Investment Grade Traffic and Revenue Study Services for I-15 Express Lanes Project 20 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 140 Stantec | Investment Grade Traffic and Revenue Study Services for I-15 Express Lanes Project 21 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. 141 Stantec | Investment Grade Traffic and Revenue Study Services for I-15 Express Lanes Project 22 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 142 Stantec | Investment Grade Traffic and Revenue Study Services for I-15 Express Lanes Project 23 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 143 Stantec | Investment Grade Traffic and Revenue Study Services for I-15 Express Lanes Project 24 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 144 Stantec | Investment Grade Traffic and Revenue Study Services for I-15 Express Lanes Project 25 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, 145 Stantec | Investment Grade Traffic and Revenue Study Services for I-15 Express Lanes Project 26 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. 146 Stantec | Investment Grade Traffic and Revenue Study Services for I-15 Express Lanes Project 27 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 147 Stantec | Investment Grade Traffic and Revenue Study Services for I-15 Express Lanes Project 28 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 148 Stantec | Investment Grade Traffic and Revenue Study Services for I-15 Express Lanes Project 29 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 149 Stantec | Investment Grade Traffic and Revenue Study Services for I-15 Express Lanes Project 30 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: 150 Stantec | Investment Grade Traffic and Revenue Study Services for I-15 Express Lanes Project 31  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 151 Stantec | Investment Grade Traffic and Revenue Study Services for I-15 Express Lanes Project 32 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. 152 17336.02101\9599369.1 B-1 EXHIBIT "B" COMPENSATION 153 154 155 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 9 156 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 9 157 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. 158 17336.00000\8752982.1 2 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 159 17336.00000\8752982.1 3 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. 160 17336.00000\8752982.1 4 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. 161 17336.00000\8752982.1 5 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 162 17336.00000\8752982.1 6 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 163 17336.00000\8752982.1 7 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. 164 17336.00000\8752982.1 8 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 165 17336.00000\8752982.1 9 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: 166 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. 167 17336.00000\8752982.1 11 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 168 17336.00000\8752982.1 12 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. 169 17336.00000\8752982.1 13 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 170 17336.00000\8752982.1 14 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 171 17336.00000\8752982.1 15 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 172 17336.00000\8752982.1 16 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] 173 17336.00000\8752982.1 17 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 174 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: 175 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. 177 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