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HomeMy Public PortalAbout01 January 24, 2005 Budget & ImplementationRIVERSIDE COUNTY TRANSPORTA TION COMMISSION BUDGET AND IMPLEMENTATION COMMITTEE MEETING AGENDA %b45 • TIME: 10:00 a.m. DATE: Monday, January 24, 2005 LOCATION: Board Chambers County Administrative Center 4080 Lemon Street, 1" Floor Riverside, CA 92501 RECORDS ***COMMITTEE MEMBERS*** Terry Henderson, Chair / Don Adolph, City of La Quinta Bob Magee Vice Chair / Robert L. Schiffner, City of Lake Elsinore Art Welch / John Machisic , City of Banning Roger Berg / Jeff Fox, City of Beaumont Robert Crain / George Thomas, City of Blythe Gregory S. Pettis / Paul Marchand, City of Cathedral City Juan M. DeLara / Richard Macknicki, City of Coachella Matt Weyuker / Henry "Hank" Hohenstein, City of Desert Hot Springs Kelly Seyarto / Jack van Haaster, City of Murrieta Ron Meepos / Harvey Gerber, City of Rancho Mirage Ameal Moore / Steve Adams, City of Riverside Chris Buydos / Jim Conner, City of San Jacinto John F. Tavaglione, District Two/ County of Riverside Jeff Stone, District Three / County of Riverside ***STAFF*** Eric Haley, Executive Director Marilyn Williams, Director of Regional Programs and Public Affairs ***AREAS OF RESPONSIBILITY*** Annual Budget Development and Oversight Countywide Strategic Plan Legislation Measure "A" Implementation and Capital Programs Public Communications and Outreach Programs Competitive Grant Programs: TEA 21-CMAQ & STP, Transportation Enhancement and SB 821 -Bicycle & Pedestrian Property Management SAFE/Freeway Service Patrol TUMF Program 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 Testimony Card to the Clerk of the Commission it - • • • RIVERSIDE COUNTY TRANSPORTA TION COMMISS/ON BUDGET AND IMPLEMENTATION COMMITTEE www.rcte.org AGENDA * *Actions may be taken on any item listed on the agenda 10:00 a.m. Monday, January 24, 2005 BOARD CHAMBERS County Administrative Center 4080 Lemon Street, lst Floor Riverside, California In compliance with the Americans with Disabilities Act and Government Code Section 549542, if you need special assistance to participate in a Committee meeting, please contact the Clerk of the Commission at (951) 787-7141. Notification of at least 48 hours prior to meeting time will assist staff in assuring that reasonable arrangements can be made to provide accessibility at the meeting. 1. CALL TO ORDER 2. ROLL CALL 3. PUBLIC COMMENTS 4. APPROVAL OF MINUTES 5. 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.) Budget and Implementation Committee January 24, 2005 Page 2 • 6. CONSENT CALENDAR - All matters on the Consent Calendar will be approved in a single motion unless a Commissioner(s) requests separate action on specific item(s). Items pulled from the Consent Calendar will be placed for discussion at the end of the agenda. 6A. SINGLE SIGNATURE AUTHORITY REPORT Overview This item is for the Committee to: Pg. 1 1) Receive and file the Single Signature Authority Report for the second quarter ended December 31, 2004, and 2) Forward to the Commission for final action. 6B. QUARTERLY FINANCIAL STATEMENTS Overview This item is for the Committee to: Pg. 3 1) Receive and file the Quarterly Financial Statements for the six- month period ended December 31, 2004, and 2) Forward to the Commission for final action. 7. CALTRANS COOPERATIVE AGREEMENT NO. 8-1259 (RCTC AGREEMENT #05-31-538) FOR RIGHT OF WAY ACQUISITION FOR THE GREEN RIVER DRIVE INTERCHANGE BRIDGE ON STATE HIGHWAY 91 Pg. 9 Overview 1) Authorize the Executive Director, pursuant to Legal Counsel review, to execute Cooperative Agreement No. 8-1259 (RCTC Agreement #05-31-538) with the Department of Transportation to perform right of way acquisition for the Green River Drive Interchange Bridge on State Highway 91; and 2) Forward to the Commission for final action. • • • • • Budget and Implementation Committee January 24, 2005 Page 3 8. 9. MODEL TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) REGIONAL ARTERIAL FUNDING AGREEMENT Pg. 16 Overview This item is for the Committee to: 1) Approve a model TUMF Regional Arterial Funding Agreement between the Commission and local jurisdictions; 2) Authorize the Chairman, pursuant to Legal Counsel review, to execute said agreements as they are developed and finalized over time provided that they do not contain any substantive changes to the model's terms and conditions; and 3) Forward to the Commission for final action. MID -YEAR BUDGET ADJUSTMENTS Overview This item is for the Committee to: Pg. 42 1) Approve a $589,300 increase in Measure "A" Coachella Valley Specialized Transit appropriations for transit operations; 2) Approve a $3,993,216 increase in Transportation Uniform Mitigation Fee (TUMF) appropriations for right of way acquisition; 3) Approve an $85,500 increase in administration appropriations for furniture, office equipment, and leasehold improvements; 4) Approve a $20,000 increase in administration appropriations for additional liability insurance; and 5) Forward to the Commission for final action. 10. MID -YEAR REVENUE PROJECTIONS Overview This item is for the Committee to: 1) Approve the Mid -Year Revenue Projections; Pg. 45 Budget and Implementation Committee January 24, 2005 Page 4 • 2) Approve the budget adjustments to reflect the revised Measure "A" revenues of $10,400,000 and expenditures of $5,141,000; 3) Approve the budget adjustments to reflect the revised Local Transportation Fund (LTF) Planning revenues of $210,480 and expenditures of $210,480; and 4) Forward to the Commission for final action. 11. FISCAL YEAR 2005/2006 LOCAL TRANSPORTATION FUND AND MEASURE "A" REVENUE PROJECTIONS Overview This item is for the Committee to: Pg. 50 1) Approve the projections of the Local Transportation Fund apportionment for the Western Riverside County, Coachella Valley, and Palo Verde Valley areas; 2) Approve the projections for Measure "A" and the related allocations; and 3) Forward to the Commission for final action. 12. AWARD OF DIGITAL UPGRADE CONTRACT TO COMARCO WIRELESS TECHNOLOGIES Overview This item is for the Committee to: Pg. 55 1) Enter into an agreement between the Riverside County Transportation Commission and Comarco Wireless Technologies to upgrade the call box system to digital technology; 2) Authorize the Chairman, pursuant to Legal Counsel review, to execute Agreement No. 05-45-537 on behalf of the Commission; and 3) Forward to the Commission for final action. • • • • • Budget and Implementation Committee January 24, 2005 Page 5 13. STATE AND FEDERAL LEGISLATIVE UPDATE Overview This item is for the Committee to: Pg. 58 1) Receive and file the state and federal legislative update, and 2) Forward to the Commission for final action. 14. ITEMS PULLED FROM CONSENT CALENDAR AGENDA 15. ELECTION OF OFFICERS 16. COMMISSIONERS / STAFF REPORT Overview 1) This item provides the opportunity for the Commissioners and staff to report on attended and upcoming meeting/conferences and issues related to Commission activities. 17. ADJOURNMENT AND NEXT MEETING The next Budget and Implementation Committee meeting is scheduled to be held at 10:00 A.M., Monday, February 28, 2005, Board Chambers, 1st Floor, County Administrative Center, 4080 Lemon Street, Riverside. • AGENDA ITEM 4 • Minutes • • • RIVERSIDE COUNTY TRANSPORTA TION COMMISSION BUDGET AND IMPLEMENTATION COMMITTEE Monday, October 25, 2004 MINUTES 1. CALL TO ORDER The meeting of the Budget and Implementation Committee was called to order by Chairperson Terry Henderson at 10:00 a.m., in the Board Chambers at the County of Riverside Administrative Center, 4080 Lemon Street, First Floor, Riverside, California, 92501. 2. ROLL CALL Members/Alternates Present Roger Berg Chris Buydos Juan DeLara Terry Henderson Robin Lowe Bob Magee Ameal Moore Kelly Seyarto Jim Venable Art Welch Members Absent Robert Crain Ron Meepos Gregory Pettis John F. Tavaglione 3. PUBLIC COMMENTS There were no requests from the public to speak. 4. APPROVAL OF MINUTES M/S/C (Lowe/Venable) to approve the September 27, 2004 minutes as submitted. 5. ADDITIONS/REVISIONS There were no additions or revisions to the agenda. Budget and Implementation Committee Meeting October 25, 2004 Page 2 6. CONSENT CALENDAR M/S/C (Lowe/Venable) to approve the Consent Calendar. 6A. QUARTERLY FINANCIAL STATEMENTS 1) Receive and file the Quarterly Financial Statements for the period ended September 30, 2004; and, 2) Forward to the Commission for final action. 6B. INTERFUND LOAN ACTIVITY REPORT 1) Receive and file the Interfund Loan Activity Report for the month ended September 30, 2004; and, 2) Forward to the Commission for final action. 6C. SINGLE SIGNATURE AUTHORITY REPORT 1) Receive and file the Single Signature Authority Report for the quarter ended September 30, 2004; and, 2) Forward to the Commission for final action. 7. STATE AND FEDERAL LEGISLATIVE UPDATE John Standiford, Director of Public Information, updated the Committee on the California Performance Review, highlighting the recommendation to create the California Department of Infrastructure and its impact on transportation. He also reported that Congress passed a corporate tax reform bill that included a provision that will no longer divert funds from the Federal Highway Trust Fund to pay for ethanol production. Also, in response to the Committees request, the RCTC ACE Trade Corridor Grade Crossing Separation Need List was included in the agenda. Funding for grade crossings is dependent on the reauthorization of the Federal Transportation Act. M/S/C (Lowe/Buydos) to: 1) Receive and file the update on State and Federal Legislative Update as an information item; and, 2) Forward to the Commission for final action. • • • Budget and Implementation Committee Meeting October 25, 2004 Page 3 • • • 8. AWARD AGREEMENT NO. 05-33-519 (AMENDMENT NO. 9 TO AGREEMENT NO. RO-2128) TO STV INCORPORATED FOR SERVICES RELATED TO THE NEW START APPLICATION FOR THE PERRIS VALLEY LINE PROJECT Hideo Sugita, Deputy Executive Director, reviewed the additional scope of work for the amendment that includes additional studies for the final environmental assessment, revise and rerun of a new Southern California Association of Governments (SCAG) travel demand model, update the New Start application, coordination with Burlington Northern and Santa Fe (BNSF) Railway regarding construction of a storage track, and additional engineering support to address a non-compliance frontage. Eric Haley noted that the expenditure to update the SCAG model is central to receive approval on the application. He also provided a historical background of the non-compliance frontage. He then addressed the request from BNSF, noting the need to recognize how rapidly the 1-215 corridor is developing. The request is positive, especially in terms of economic development. In response to Chair Henderson's question regarding the SCAG modeling update, Hideo Sugita indicated that efforts will be coordinated with SCAG modeling staff. The deficiency in model is trip distribution, which does not meet FTA's range of continuity. In response to Commissioner Lowe's question regarding the date of the SCAG model, Hideo Sugita indicated that the origin -destination data is from approximately 1991. SCAG is in the process of a region wide origin - destination survey with an estimated completion in 3-6 months. Commissioner Lowe then asked if the deficiency in the model would have affected the Regional Transportation Plan (RTP) and if Commissioner Ron Roberts, as President of SCAG, was aware of this issue. Hideo Sugita indicated that SCAG has not communicated any issues with the RTP and Commissioner Ron Roberts is aware of the deficiency and has offered his assistance. Budget and Implementation Committee Meeting October 25, 2004 Page 4 M/S/C (Lowe/Buydos) to: 1) Award Agreement No. 05-33-519 (Amendment No. 9 to Agreement No. RO-2128) to STV Incorporated for additional scope of work related to the final environmental assessment, rerun of SCAG's transit model, update of the New Start application, and BNSF coordination for the Perris Valley Line project for an additional base amount of $548,430; 2) Authorize the Chairman, pursuant to Legal Counsel review, to execute the agreement on behalf of the Commission; 3) Allocate an additional $500,000 of STA funds and increase the FY 2004-05 Rail Capital budget to accommodate the allocation; 4) Amend the FY 2004-05 Commuter Rail Short Range Transit Plan to reflect these changes; and, 5) Forward to the Commission for final action. 9. APPROVE MEMORANDUM OF UNDERSTANDING NO. M-24-006 FOR THE FUNDING AND JOINT DEVELOPMENT OF STATE HIGHWAY 111 IMPROVEMENTS WITHIN THE CITY OF LA QUINTA M/S/C (Lowe/Venable) to: 1) Approve Memorandum of Understanding (MOU) No. M-24-006 for the funding reimbursement of State Highway 111 improvements within the City of La Quinta; 2) Authorize the Chairman, pursuant to Legal Counsel review, to execute the memorandum of understanding on behalf of the Commission; and, 3) Forward to the Commission for final action. 10. PROJECT STATUS REPORT OF FEDERAL AND STATE FUNDED PROJECTS Shirley Medina, Program Manager, updated the Committee on the status of Federal and State funded projects. M/S/C (Welch/Lowe) to: 1) Receive and file the Project Status Report of Federal and State funded projects; and, 2) Forward to the Commission for final action. • • • • • Budget and Implementation Committee Meeting October 25, 2004 Page 5 11. APPROVE THE FUND TRANSFER AGREEMENT NO. 05-45-520 BETWEEN THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION AND THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION FOR THE OPERATION OF A FREEWAY SERVICE PATROL PROGRAM IN RIVERSIDE COUNTY Marilyn Williams, Director of Regional Programs and Public Affairs, provided a brief overview of the fund transfer agreement with the State of California Department of Transportation for the Freeway Service Patrol (FSP) program. M/S/C (Buydos/Berg) to: 1) Approve the Fund Transfer Agreement No. 05-45-520 between the State of California Department of Transportation and the Riverside County Transportation Commission for the Riverside County Freeway Service Patrol program in the amount of $1,071,368 in State funding for FY 2004-05; 2) Authorize the Chairman, pursuant to Legal Counsel review, to execute the agreement on behalf of the Commission; and, 3) Forward to the Commission for final action. 12. ITEMS PULLED FROM CONSENT CALENDAR No items were pulled from the consent calendar for discussion. 13. COMMENTS BY COMMISSIONERS/STAFF Eric Haley noted: • Focus on the Future: Self -Help Counties Coalition will be held in La Quinta on November 14th - 16th • The New York bond trip will be Nov 21St - 23rd to meet with rating and assurance agencies. • California Transportation Commissions meetings will be held at the Riverside County Administrative Center December 8th and 9th At this time, the Committee reviewed the meeting schedule for November and December and determined to cancel both meetings due to the holidays. • Budget and Implementation Committee Meeting October 25, 2004 Page 6 14. ADJOURNMENT There being no further business for consideration by the Budget and Implementation Committee, the meeting was adjourned at 10:34 a.m. Respectfully submitted, 6,1,,,;,je)u_ Haut , Jennifer Harmon Deputy Clerk of the Board • • • • AGENDA ITEM 6A • • • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: January 24, 2005 TO: Budget and Implementation Committee FROM: Theresia Trevino, Chief Financial Officer THROUGH: Eric Haley, Executive Director SUBJECT: Single Signature Authority Report STAFF RECOMMENDATION: This item is for the Committee to: 1) Receive and file the Single Signature Authority Report for the second quarter ended December 31, 2004, and 2) Forward to the Commission for final action. BACKGROUND INFORMATION: The attached report details all professional services and administrative contracts that have been executed for the second quarter ended December 31, 2004 under the Single Signature Authority granted to the Executive Director by the Commission. The unused capacity at December 31, 2004 is $390,155. Attachment: Single Signature Authority Report as of December 31, 2004. 1 • SINGLE SIGNA AUTHORITY AS OF DECE R 31, 2004 ORIGINAL RE MAINING CONTRACT CONTRACT CONSULTANT DESCRIPTION OF SERVICES AMOUNT PAID AMOUNT A MOUNT AMOUNT AVAILABLE July 1, 2004 David Taussig and Associates TU MF program cash flow projection $500,000.00 37,500 .00 37,500.00 0 .00 Moore lacofano Goltsman, Inc. 47,345.00 2'.639 .35 AMOUNT USED AM OUNT REMAINING THROUGH December 31, 2004 fV Donna Polmounter Michele Cisneros Prepared by Reviewed by Note: Shaded area represents new co ntracts listed in the second quarter . 109,845 .00 $390,155 .00 53,501.03 56,343.97 V:\USERS\PREPRINT\2005\02 February\Budget & Impl\Trevino- Attachment.SINSIG05 AGENDA ITEM 6B • • • RIVERSIDE COUNTY TRANSPORTA TION COMMISSION DATE: January 24, 2005 TO: Budget and Implementation Committee FROM: Michele Cisneros, Accounting Manager THROUGH: Theresia Trevino, Chief Financial Officer SUBJECT: Quarterly Financial Statements STAFF RECOMMENDATION: This item is for the Committee to: 1) Receive and file the Quarterly Financial Statements for the six-month period ended December 31, 2004, and 2) Forward to the Commission for final action. BACKGROUND INFORMATION: During the last six months of the fiscal year, staff has monitored the revenues and expenditures of the Commission. The attached financial statements present the revenues and expenditures for the first six months of the fiscal year. Period closing accrual adjustments are not included for revenues earned but not billed and expenditures incurred for goods and services received but not yet invoiced, as such adjustments are normally made during year end closing activities. The operating statement shows the sales tax revenues for the second quarter at 35% of the budget. This is a result of the Governmental Accounting Standards Board (GASB) Statement No. 33. GASB 33 requires sales tax revenue to be accrued for the period in which it is collected at the point of sale. The State Board of Equalization collects the Measure "A" funds and remits them to the Commission after the reporting period for the businesses. This creates a two -month lag in the receipt of revenues by the Commission and related disbursement of local streets and roads allocations. Accordingly, these financial statements reflect the Measure "A" sales tax revenues and related local streets and roads expenditures related to sales tax collections through October 2004. On a cash basis, the Measure "A" and Local Transportation Fund (LTF) sales tax revenues are 15% and 13% higher respectively, than the same period six month period last fiscal year. 3 Federal, state and local government reimbursements and other revenues are on a reimbursement basis, and the Commission will receive these revenues as the project activities occur and are invoiced usually quarterly to the respective agencies. Transportation Uniform Mitigation Fee (TUMF) revenues are remitted to the Commission by Western Riverside Council of Governments (WRCOG) the 10th of each month. During the second quarter, WRCOG remitted approximately $5,960,000 to the Commission. The Administration expenditure categories are in line as budgeted. General administrative expenditures are higher due to a one-time payment in July for the Commission's general business insurance for FY 2004/05 and the one-time payment in November for the maintenance contract on the Commission's financial software. Intergovernmental distributions are higher than budgeted due to the annual LTF administrative payments made to the Coachella Valley Association of Governments (CVAG) and WRCOG during the first two quarters of the fiscal year. Debt service interest expenditures are made in December and June, while principal payments are made in June. The Programs/Projects expenditure categories are in line overall with the expectations of the budget with the exception of TUMF right of way. In November 2004 the Commission purchased various parcels of property for the Mid -County Parkway Project approximating $2,993,000. Staff is seeking a budget adjustment in a separate agenda item. Listed below are the capital related projects that have significant variances and their status: Highway Engineering/Right of way • Route 91 Van Buren Interchange ($7,600,000) — The city of Riverside is the lead agency and has experienced delays related to environmental issues. The environmental process is expected to be completed by June 2005 with right of way acquisition commencing in FY 2005/06. • Route 74 from 1-15 to 7th Street ($2,000,000) — Expenditures related to right of way acquisitions are offset by reimbursements of condemnation deposits from Caltrans upon final settlement of purchases. An accounting change for such reimbursements was made at the beginning of the fiscal year to properly account for actual right of way costs. Such reimbursements were previously reported as revenues. • • • 4 • • • Project invoices related to work performed during all or a portion of the second quarter for highway engineering and right of way have not been received from consultants and other agencies. Highway Construction • Route 86 ($188,400) — The traffic signal project has not been awarded by the County. Contract award and commencement of construction is expected by June 2005. • Route 1 1 1 ($1,411,600) — The widening projects in the city of La Quinta was recently awarded. Additionally, per an agreement with CVAG related to the completed project in Rancho Mirage, a payment of $1,000,000 will be made in June 2005. • 1-15 Galena Interchange ($2,700,000) — The project award has not been made by the County. County is awaiting final approvals from Caltrans. Award and construction are expected to commence by June 2005. Rail Engineering/Right of way • North Main Corona Station Parking Structure ($1,050,000) — The CEQA environmental document was recently approved, and the NEPA environmental document is being prepared for approval by the Federal Transit Administration. Final design will not start until all appropriate approvals have been granted and funding is in place. Funding required to complete the project is currently not available. • Riverside Downtown Parking Lot ($275,000) — Start of final design was delayed until the fourth quarter of FY 2004/05 due to the requirements for preparation and submittal of the engineering/planning application to the city of Riverside for approval. • Perris Valley Line ($5,807,000) — The preliminary engineering contract was awarded in November 2004. Additionally, appraisals are currently being performed for right of way, and property acquisition is anticipated in the third quarter of the fiscal year. Rail Construction • Riverside Downtown Parking Lot ($1,200,000) — Delays in the final design due to the requirements for preparation and submittal of the engineering/planning application to the City has pushed the construction into the first quarter of FY 2005/06. TUMF Engineering/Right of way • Mid -County Parkway Project ($4,030,000) — During the development of the FY 2004/05 budget, staff was not aware of the specific property needs for the project. During this fiscal year, opportunities to purchase available 5 property for the project were presented and approved by the Commission. Staff has requested a mid -year budget adjustment in a separate agenda item. Attachment: Quarterly Financial Statements — December 31, 2004 • • 6 RIVERSIDE COUNTY TRANSPORTATION COMMISSION • • • DESCRIPTION QUARTERLY BUDGET VS ACTUAL 2ND QUARTER FOR SIX MONTHS ENDED 12/31/04 REMAINING PERCENT BUDGET ACTUAL BALANCE UTILIZATION Revenues Sales tax $ 122,479,100 $ 43,082,938 $ (79,396,162) 35% Federal, state & local govemment reimbursements 21,954,100 5,403,330 (16,550,770) 25% Transportation Uniform Mitigation Fee (TUMF) 28,000,000 11,218,490 (16,781,510) 40% Other revenues 4,727,000 1,287,482 (3,439,518) 27% Interest 3,030,700 1,219,842 (1,810,858) 40% Total revenues 180,190,900 62,212,082 (117,978,818) 35% Expenditures Administration Salaries & benefits 1,358,400 577,810 780,590 43% General legal services 108,500 37,261 71,239 34% Professional services 1,022,500 375,150 647,350 37% Office lease & utilities 363,000 183,481 179,519 51% General administrative expenses 880,700 558,224 322,476 63% Total administration 3,733,100 1,731,926 2,001,173 46% Programs/projects Salaries & benefits 1,816,700 826,522 990,178 45% General legal services 1,050,000 516,595 533,405 49% Professional services 1,636,620 493,582 1,143,038 30% General projects 1,997,000 550,078 1,446,922 28% Highway engineering 2,985,000 236,156 2,748,844 8% Highway construction 35,104,388 12,777,236 22,327,152 36% Highway right of way 9,853,000 303,812 9,549,188 3% Rail engineering 1,880,950 114,217 1,766,733 6% Rail construction 2,280,000 237,093 2,042,907 10% Rail right of way 4,857,000 - 4,857,000 0% TUMF engineering 4,000,000 1,710,415 2,289,585 43% TUMF construction - 500 (500) 0% TUMF right of way 30,000 2,993,216 (2,963,216) 9977% Local streets & roads 42,545,000 15,534,537 27,010,463 37% Regional arterial 9,000,000 3,913,923 5,086,077 43% Special studies 1,963,800 81,682 1,882,118 4% FSPtowing 1,483,600 609,045 874,555 41% Commuter assistance 2,522,540 923,219 1,599,321 37% Property management 97,200 29,565 67,635 30% Motorist assistance 1,464,500 183,729 1,280,771 13% Rail operations & maintenance 4,736,800 2,177,715 2,559,085 46% STA distributions 2,848,628 502,418 2,346,210 18% Specialized transit 5,295,900 2,336,382 2,959,518 44% Planning & programming services 53,400 24,560 28,840 46% Total programs/projects 139,502,026 47,076,197 92,425,829 34% Intergovernmental distribution Capital outlay 788,400 685,236 103,164 87% 363,000 68,473 294,527 19% Debt service Principal 27,200,000 27,200,000 Interest 8,286,000 4,142,765 4,143,235 Total debt service 35,486,000 4,142,765 31,343,235 Total expenditures 179,872,526 53,704,597 126,167,929 Excess of revenues over (under) expenditures 318,374 8,507,485 (8,189,111) 0% 50% 12% 30% 2672% Other financing sources/uses Operating transfer in 35,766,300 17,260,246 18,506,054 48% Operating transfer out (35,766,300) (17,260,246) (18,506,054) 48% Bond proceeds - 0% Payment to escrow agent - 0% Cost of issuance - 0% Total financing sources/uses - - 0% Net change in fund balances 318,374 8,507,485 (8,189,111) 2672% Fund balance July 1, 2004 177,506,700 202,781,114 25,274,414 114% Fund balance December 31, 2004 $ 177,825,074 $ 211,288,599 $ 33,463,525 119% V:\USERS\PREPRINT12005102 February\Budget & Impl\Cisneros - 2nd Qtr Financials Attachment 7 RIVERSIDE COUNTY TRANSPORTATION COMMISSION QUARTERLY ACTUALS BY FUND 2ND QUARTER FOR SIX MONTHS ENDED 12/31/04 MEASURE"A " PAL O STATE TRANSPORTATION UNIFO RM WESTERN GENERAL FSP/ WESTERN VERDE COACHELLA TRANSIT MITIGATI ON FEE COUNTY DEBT C OMBINED DESCRIPTION FUND SAFE COUNTY VALLEY VALLEY ASSISTANCE TUMF C ONSTRUCTI ON SERVICE TOTAL Rev enues Sales tax $ 3,487,319 $ - $ 29,479,972 $ 310,880 $ 9,804,767 $ • $ - $ - $ - $ 43,082,938 Federal, state & local govemment reimbursem ents 102,970 909,739 4,390,621 - - - - - 5,403,330 Transpo rtatio n Uniform Mitigation Fee (TUMF) - - - - - 11,218.490 - 11,218,490 O ther revenues 277,160 3,104 2,010 - 173,361 831,847 - 1,287,482 Intere st 19,442 14,308 348,787 228 13,325 13,168 123,241 9,003 678,340 1,219,842 Total revenues 3,886,891 927,151 34,221,390 311,108 9,991,453 845,015 11,341,731 9,003 678,340 62,212,082 Expenditures Administration Salaries & benefits 550,775 27,035 - - - - 577,810 General legal services 35,461 1,800 - - - 37,261 Professional services 357,015 18,135 - - - - - 375,150 Office lease & utilities 174,619 8,862 - - 183,481 General administrative expenses 531,279 26,945 - - 558,224 Total administration 1,649,149 82,777 - - - - - 1,731,926 Programs/projects Sala rie s & benefits 440,815 49,687 260,855 - 7,575 67,590 - 826,522 General legal services 117,986 1,774 336,694 1,115 - 59,024 - - 516,595 Pro fessional services 141,463 14,986 299,453 - 180 37,500 493,582 General projects - - 495,752 8,453 - 45,873 - 550,078 Highwa y engineering - 236,156 - - - - 236,156 Highway construction - 12,777,236 - - - 12,777,236 Highway right of wa y - 303,812 - - - 303,812 Rail enginee ring - 114,217 - 114,217 Rail construction 237,093 - - 237,093 Rail right of way TUMF engine ering 1,710,415 - - 1,710,415 - TUMF construction - - - - 500 - 500 TUM F right of way - - - - 2,993,216 - - 2,993,216 Local streets & roads - 11,791,989 310,880 3,431,668 - - 15,534,537 Regional arte ria l - - - 3,913,923 - - 3,913,923 Special studies 69,712 - 11,970 - - - 81,682 FSP towing 609,045 - 609,045 Commuter assistance - - 923,219 - - 923,219 Property ma na ge ment 29,565 - - - 29.565 M otorist assistance 183,729 - - - - 183,729 Rail ope ra tions & maintenance 2,177,715 - - - - 2,177,715 STA distributions - - - 502,418 - 502,418 Spec ialized transit - 685,254 1,651,128 - - - 2,336,382 Planning & programming services 24,560 - - - - - 24,560 Total programs/projects 3,001,818 859,221 28,473,700 310,880 9,013,862 502,598 4,914,118 - - 47,076,197 Intergovernmental distribution Capital outlay Debt service Principa l Interest - - - 4,142,765 4,142,765 Total debt servic e 4,142,765 4,142,765 685,236 - - - 685,236 19,124 970 48,379 - - - - - 68,473 Total expenditures 5,355,327 942,968 28,522,079 310,880 9,013,862 502,598 4,914,118 4,142,765 53,704,597 Excess reve nue s over (u nder) expenditures (1,468,436) (15,817) 5,699,311 228 977,591 342.417 6,427,613 9,003 (3,464,425) 8,507,485 Other financing sources/use s Operating transfer in 254,100 - - - - 17,006,146 17,260,246 Operating transfer out - 254,100 13,056,656 - 3,949,490 - - - 17,260,246 Bond proceeds - - - Payment to escrow agent - Cost of issuance - To ta l financing so urces/uses 13,056,656 3,949,490 - (17,006,146) Net change in fund balance s (1,468,436) (15,817) (7,357,345) 228 (2,971,899) 342,417 6,427,613 9,003 13,541,721 8,507,485 Fund ba lance July 1, 2004 7,352,174 3,559,966 115,098,845 47,727 7,253,630 2,566,624 34,439,947 2,208,202 30,253,999 202,781,114 Func Dec embe r 31, 2004 $ 5,883,738 $ 3,544,149 $ 107,741,500 $ 47,955 4,281,731 $ 2.909,041 $ 40,867,560 $ 2,217,205 $ 43,795,720 V:\USERS\P 05\02 February \Budget & Impl\Cisneros - 2nd 00 Financials Attachment • AGENDA ITEM 7 • • • RIVERSIDE COUNTY TRANSPORTA TION COMMISSION DATE: January 24, 2005 TO: Budget and Implementation Committee FROM: Shirley Medina, Program Manager THROUGH: Cathy Bechtel, Director of Transportation Programming and Policy Development SUBJECT: Caltrans Cooperative Agreement No. 8-1259 (RCTC Agreement #05-31-538) for Right of Way Acquisition for the Green River Drive Interchange Bridge on State Highway 91 STAFF RECOMMENDATION: This item is for the Committee to: 1) Authorize the Executive Director, pursuant to Legal Counsel review, to execute Cooperative Agreement No. 8-1259 (RCTC Agreement #05- 31-538) with the Department of Transportation to perform right of way acquisition for the Green River Drive Interchange Bridge on State Highway 91; and 2) Forward to the Commission for final action. BACKGROUND INFORMATION: The Department of Transportation (Caltrans) is ready to begin right of way acquisition for the Green River Drive Interchange on State Highway 91. The 2004 STIP identifies $52,600 of Regional Improvement Program funds (RIP) programmed for right of way capital. Therefore, a cooperative agreement is required to authorize Caltrans to proceed with right of way acquisition using the programmed RIP funds. The acquisition of right of way is expected to be completed in six to twelve months. Upon completion, construction of the interchange improvement project will commence. As a reminder, at the May 2004 Commission retreat, the Commission approved the advancement of the Green River Drive Interchange project from fiscal year 2007/08 (as programmed in the STIP) to fiscal year 2005/06 by loaning up to $13.4 million of local Transportation Uniform Mitigation Program (TUMF) fees. This loan will be repaid, with interest, from anticipated Federal Surface Transportation Program funds. Attachment: Cooperative Agreement 9 • • 08-Riv-91-KP 0.0/3.5 (PM 0.0/2.2) Replace Green River Drive OC In Riverside County near Corona from Orange County line 71/91 IC 08303 - EA 456610 District Agreement No. 08-1259 COOPERATIVE AGREEMENT THIS AGREEMENT, ENTERED INTO EFFECTIVE ON , is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE", and the RIVERSIDE COUNTY TRANSPORTATION COMMISSION, a public entity, referred to herein as "COMMISSION" RECITALS 1. STATE and COMMISSION, pursuant to the Streets and Highways Code and Government Code Sections 114 and 130, are authorized to enter into a Cooperative Agreement for improvements to State highways within the County of Riverside. 2. STATE is authorized to do all acts necessary, convenient or proper for the construction or improvement of all highways under its jurisdiction, possession or control. 3. STATE and COMMISSION contemplate the purchase of Right of Way for the replacement of the Green River Drive Interchange (IC) bridge on State Highway 91 (SH-91) between the Orange County/Riverside County Line and the 91/71 Interchange in the County of Riverside, near Corona, referred to herein as "PROJECT". 4. STATE and COMMISSION mutually desire that STATE perform the Right of Way acquisition of the improvements as set forth in the forgoing Articles 2 and 3 for PROJECT. 5. COMMISSION is willing to pay 100% of the total actual Right of Way capital costs for PROJECT estimated to be $52,600, including acquisition, utility relocation, and condemnation, by direct billing. 6. STATE will provide Right of Way support at no cost to COMMISSION. 10 District Agreement No. 8-1259 7. The parties hereto intend to define herein the terms and conditions under which Right of Way for PROJECT will be financed. SECTION I STATE AGREES 1. To perform all right of way activities including preparation of right of way maps and legal descriptions. Said right of way activities shall include but not limited to the following: a. Make fair market value appraisals and relocation valuation. b. Acquire property in STATE's name. c. Provide required relocation assistance payments and service. d. Open escrow, obtain title reports, and make arrangements to convey title and close escrow. e. Complete acquisition through condemnation. f. Provide all property management services. g. Administer excess land program. h. Identify and Locate utilities. 2. To perform all right of way support for acquisition activities of properties as may be necessary for the construction of PROJECT at no cost to COMMISSION. 3. To provide legal services in connection with eminent domain actions. All eminent domain proceedings are dependent upon the adoption of a resolution of public use and necessity by the California Transportation Commission (CTC). STATE shall pursue such actions according to current STATE procedures under the passage of a condemnation resolution by the CTC. 4. To certify legal and physical control of right of way acquired in accordance with applicable State and Federal laws and regulations, prior to advertisement for bids for construction of PROJECT. 5. To identify and locate all utility facilities within the area of PROJECT as part of the Right of Way responsibility for PROJECT. All utility facilities not relocated or removed in advance of construction shall be identified on the PS&E for PROJECT. 6. To identify and locate all high and low risk underground facilities within the area of PROJECT and to protect or otherwise provide for such facilities, all m accordance with STATE's "Policy on High and Low Risk Underground Facilities Within Highway Rights of Way". 7. If any existing public and/or private utility facilities conflict with the construction of PROJECT or violate STATE's encroachment policy, STATE shall make all necessary arrangements with the owners of such facilities for their protection, relocation, or removal in accordance with STATE's policy and procedure for those facilities located • 211 District Agreement No. 8-1259 • • • within the limits of work included in the improvement to the State highway and in accordance with local jurisdiction's policy for those facilities which are or will be located outside of the limits of the State highway. The total costs to PROJECT of such protection, relocation, or removal within the present or future State highway right of way shall be determined in accordance with STATE's policies and procedures. 8. To establish separate PROJECT accounts to accumulate charges for all costs to be paid by COMMISSION pursuant to this Agreement. 9. To prepare and submit to COMMISSION a request for payment for the capital costs of right of way to be paid by COMMISSION as required for right of way acquisition as described in Section II, Article 1 as PROJECT proceeds. A request for payment should be on a mutually agreed to form. 10. To submit to COMMISSION each month a progress report that describes the work performed and completed during the reporting period. 11. Upon completion of the right of way activities for PROJECT and all work incidental thereto, to furnish COMMISSION with a detailed statement of the total actual Right of Way acquisition Capital costs for PROJECT. 12. To inform COMMISSION of any issues that could have the potential to increase the actual Right of Way cost for PROJECT beyond the authorized cost. 13. To retain, or cause to be retained for audit by COMMISSION auditors, for a period of three (3) years from date of processing the final detailed statement of PROJECT, all records and accounts relating to Right of Way for PROJECT, and make such materials available if requested by COMMISSION. SECTION II COMMISSION AGREES: 1. To pay one hundred percent (100%) of the total actual Right of Way capital costs for PROJECT, estimated to be $52,600, including acquisition, utility relocation, and condemnation. If it becomes apparent that the total cost for Right of Way for PROJECT will exceed the estimated amount programmed for expenditure, COMMISSION shall work promptly and in cooperation with STATE to determine necessary additional costs and the source of the additional funds. 2. To deposit into an escrow account, mutually agreeable to STATE, within 10 working days of receipt of request for payment, the capital cost of right of way to be paid by COMMISSION as required for right of way activities as described in Section I, Article 1 as PROJECT proceeds. 3 12 District Agreement No. 8-1259 3. To provide STATE with a certificate of funding which shall be attached hereto and made a part of this Agreement. This certificate shall indicate that funds are available and budgeted for payment to STATE and shall be executed by the designated responsible fiscal officer of COMMISSION. 4. To be responsible, at no cost to STATE, for remediation of hazardous waste located inside and outside of existing State right of way that would impact PROJECT. SECTION III IT IS MUTUALLY AGREED: 1. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission. 2. Should any portion of PROJECT be financed with Federal funds or STATE funds, all applicable laws, rules and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. 3. (a). In the acquisition of right of way pursuant to this Agreement, STATE may acquire at COMMISSION's expense an entire parcel, or a greater portion of a parcel than that required for PROJECT, of real property to avoid payment of high severance damages. Any such acquired excess properties shall be disposed of in accordance with STATE's standard operating procedures. All net proceeds received from the disposal of said excess properties shall be transferred to COMMISSION. (b). Notwithstanding Paragraphs 3 (a) and 3 (b) of this section, the existing SR 91 state-owned right of way will be incorporated as necessary into the projects' right of way at no cost to COMMISSION. Existing state-owned right of way, which becomes excess as a result of PROJECT will, subject to California Transportation Commission (CTC) approval, be exchanged if appropriate for private -owned required property. (c). Excess existing State-owned property within PROJECT limits not exchanged and/or incorporated shall be, subject to CTC approval, conveyed or sold by the State with the transfer or credit of said property to STATE. The disposal of said excess property will be in accordance with the provisions of this Agreement. 4. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the construction of State highways different from the standard of care imposed by law. 5. Neither STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by COMMISSION under this Agreement. It is understood and agreed that, pursuant to Government Code section 895.4, COMMISSION shall fully defend, indemnify and save harmless the State of California, all officers and employees from all claims, suits or actions of every • 4 13 District Agreement No. 8-1259 • • • name, kind and description brought for or on account of injury (as defined in Government Code section 810.8) occurring by reason of anything done or omitted to be done by COMMISSION under or in connection with any work, COMMISSION or jurisdiction delegated to COMMISSION under this Agreement. 6. Neither COMMISSION nor any officer or employee thereof is responsible for any damage or liability occurring by reasons of anything done or omitted to be done by STATE under or in connection with any work, COMMISSION or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, STATE shall fully defend, indemnify and save harmless COMMISSION from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code section 810.8) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, COMMISSION or jurisdiction delegated to STATE under this Agreement. 7 No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 8. This Agreement shall terminate upon the completion of the R/W acquisition for PROJECT and reimbursement of funds from excess property sales to COMMISSION or on June 30, 2008, whichever is earlier in time. SIGNATURES ARE ON THE FOLLOWING PAGE. 5 14 District Agreement No. 8-1259 STATE OF CALIFORNIA Riverside County Transportation Department of Transportation COMMISSION By: ERIC HALEY WILL KEMPTON Executive Director Director By: Anne Mayer District 08 Director CERTIFIED AS TO FUNDS: By: District Budget Manager Approved as to form and procedure: By: Attorney Department of Transportation Certified as to procedure: By: Accounting Administrator, Local Assistance 6 15 AGENDA ITEM 8 • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: January 24, 2005 TO: Budget and Implementation Committee FROM: Marilyn Williams, Director of Regional Programs and Public Affairs THROUGH: Hideo Sugita, Deputy Executive Director SUBJECT: Model Transportation Uniform Mitigation Fee (TUMF) Regional Arterial Funding Agreement STAFF RECOMMENDATION: This item is for the Committee to: 1) Approve a model TUMF Regional Arterial Funding Agreement between the Commission and local jurisdictions; 2) Authorize the Chairman, pursuant to Legal Counsel review, to execute said agreements as they are developed and finalized over time provided that they do not contain any substantive changes to the model's terms and conditions; and 3) Forward to the Commission for final action. BACKGROUND INFORMATION: At its September 2004, the Commission took action to establish a five-year Traffic Uniform Mitigation Fee (TUMF) Regional Arterial Program for the period FY 2005 to FY 2009. In response to the Commissions' Regional Arterial Improvements Call for Projects process, twenty-four local jurisdiction projects totaling $46.7 million have been approved as eligible to receive funding. TUMF regional funds totaling $25 million was also set aside for the Mid County Parkway and SR 79 Realignment projects. In addition, Staff was directed to develop a Model TUMF Regional Arterial Funding Agreement between local jurisdictions and the Commission to ensure consistency in Agreement terms and conditions. To that end, Staff met with representatives from the Western County members of the Technical Advisory Committee over a three month period to develop the attached Model Agreement that: > Delineates eligible and non -eligible work costs to be reimbursed; e.g. local jurisdictions' administrative overhead costs are not eligible but staff time directly related to coordination of the approved work is eligible. 16 ➢ Specifies the maximum eligible TUMF funds to be paid for the work may not exceed the then -current dollar amount as defined by the TUMF Nexus Study and any subsequent updates. ➢ Restricts TUMF funding from being used for temporary improvements except those needed for staged construction of the approved work. ➢ Requires that the local jurisdiction repay any TUMF funds it receives for work performed if, for any reason, they do not complete the work pursuant to an executed agreement for design, right of way or construction phases of work. The provision does not apply to the PA&ED phase of work (project approvals and environmental document). ➢ Provides for the reimbursement of eligible work costs incurred by a local jurisdiction prior to the execution of an agreement. ➢ Details the process for reimbursement of eligible work costs incurred by the local jurisdiction including samples of required documentation by the jurisdiction and its contractors. Reimbursement shall be made by the Commission within 30 days of receipt of invoice. Based on the Model TUMF Agreement and assuming no substantive changes to its language, Staff recommends that the Commission Chairman be authorized to sign the Agreements upon finalized by the local jurisdiction and Commission Staff. If substantive changes are negotiated to the Model Agreement, Staff will present that individual agreement to the Commission for its review and approval. As a basic practice, Staff will not forward any TUMF agreement for execution by the Chairman until the local jurisdiction has taken formal policy action to approve entering into the agreement. Attachment: TUMF Model Funding Agreement • 17 Agreement No. M00-000 • • • AGREEMENT FOR THE FUNDING OF TUMF REGIONAL ARTERIAL IMPROVEMENTS WITH THE CITY OF [NOTE: If using this model agreement for a County project, globally replace the term "City" with "County".] 1. Parties and Date. 1.1 This Agreement is executed and entered into this day of , 2004, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("RCTC") and [Name of local jurisdiction] ("City"). RCTC and City are sometimes collectively referred to herein as the "Parties". 2. Recitals. 2.1 RCTC is a county transportation commission created and existing pursuant to California Public Utilities Code Sections 130053 and 1300515. 2.2 On November 5, 2002 the voters of Riverside County approved Measure A authorizing the collection of a one-half percent (1/2%) retail transactions and use tax to fund transportation programs and improvements within the County of Riverside, and adopting the Riverside County Transportation Improvement Plan (the "Plan"). 2.3 The Plan requires cities and the County in western Riverside County to participate in a Transportation Uniform Mitigation Fee (TUMF) Program to be eligible to receive Local Streets and Roads funds generated by Measure A. 2.4 The Plan further requires that the first $400 million in revenues from TUMF be made available to RCTC to fund equally the Regional Arterial System and development of New Transportation Corridors identified through the Community and Environmental Transportation Acceptability Process (CETAP). To receive TUMF funding, CETAP corridors must also be designated on the Regional System of Highways and Arterials as established in the October 2002 TUMF Nexus Study, amended in March 2004, and as may be amended in the future. 2.5 The Western Riverside Council of Governments (WRCOG) has been selected to administer the overall TUMF Program pursuant to applicable state laws including Government Code Sections 66000 et seq. and has entered into a Memorandum of Understanding (MOU) with RCTC dated July 10, 2003 regarding the allocation of the $400 million in TUMF Regional Funds to be made available to RCTC for programming. V:USERS\PREPRIN"INMW\TUMF 2005 MODEL AGREEMENT\TUMF Model Agreement 01-06-05 18 2.6 RCTC issued to the cities and the County a "Call for Projects" to be funded with TUMF Regional funds, and in response to the Project Nomination Forms, took action on September 8, 2004 to adopt a five year TUMF Regional Arterial Program which identifies the projects and the maximum funding commitments awarded for specific phases of work. RCTC's TUMF Regional Arterial Program may be updated from time to time. 2.7 RCTC intends, by this Agreement, to distribute TUMF Regional Funds, subject to the conditions provided herein, and to participate in the joint development of the Project, as defined herein. 3. Terms. 3.1 Description of Work. This Agreement is intended to distribute TUMF Regional Funds to the City for [insert general description of work], ("the Work"). The Work, including a timetable and a detailed scope of work, is more fully described in Exhibit "A" attached hereto and, pursuant to Section 3.15 below, is subject to modification as requested by the City and approved by RCTC. The Work shall be consistent with one or more of the defined RCTC Ca11 for Projects phases detailed herein as follows: 1) PA&ED — Project Approvals & Environmental Document 2) PS&E — Plans, Specifications and Estimates 3) R/W — Right of Way Acquisition and Utility Relocation 4) CONS — Construction The Work phase(s) funded pursuant to this Agreement shall be consistent with the City's Call for Projects Nomination Form submitted to the RCTC ("the Project") and as approved by the RCTC on September 8, 2004. The Project is more fully described in Exhibit "B" attached hereto. It is understood and agreed that the City shall expend TUMF Regional Funds only as set forth in this Agreement and only for the Work. To this end, any use of funds provided pursuant to this Agreement shall be subject to the review and approval of RCTC. 3.2 RCTC Funding Amount. RCTC hereby agrees to distribute to the City, on the terms and conditions set forth herein, a sum not to exceed [Insert dollars in text form] ($ [Insert dollars in number form]), to be used exclusively for reimbursing the City for eligible Work expenses as described herein ("Funding Amount"). The City acknowledges and agrees that the Funding Amount may be less than the actual cost of the Work, and that RCTC shall not contribute TUMF Regional Funds in excess of the maximum TUMF share for the phase/project identified in Appendix F of the TUMF Nexus Study. 3.2.1 Eligible Work Costs. The total Work costs ("Total Work Cost") may include the following items, provided that such items are included in the scope of work attached as Exhibit "A": (1) City and/or consultant costs associated with direct Work coordination and support; (2) funds expended in preparation of preliminary engineering studies; (3) funds expended for preparation of environmental review documentation for the Work; (4) all costs associated with right-of-way acquisition, including right-of-way engineering, appraisal, acquisition, legal costs for condemnation 2 V:USERS\PREPRINT\MW\TUMF\2005 MODEL AGREEMENT\TUMF Model Agreement 01-06-05 19 • • • procedures if authorized by the City, and costs of reviewing appraisals and offers for property acquisition; (5) costs reasonably incurred if condemnation proceeds; (6) costs incurred in the preparation of plans, specifications, and estimates by City or consultants; (7) City costs associated with bidding, advertising and awarding of the Work contracts; (8) construction costs, including change orders to construction contract approved by the City; and (9) construction management, field inspection and material testing costs. 3.2.2 Ineligible Work Costs. The Total Work Cost shall not include the following items which shall be borne solely by the City without reimbursement: (1) City administrative costs; (2) City costs attributed to the preparation of invoices, billings and payments; (3) any City fees attributed to the processing of the Work; and (4) expenses for items of work not included within the scope of work in Exhibit "A". 3.2.3 Increases in Work Funding. The Funding Amount may, in RCTC's sole discretion, be augmented with additional TUMF Regional Funds if the TUMF Nexus Study is amended to increase the maximum eligible TUMF share for the Work. Any such increase in the Funding Amount must be approved in writing by RCTC's Executive Director. In no case shall the amount of TUMF Regional Funds allocated to the City exceed the then -current maximum eligible TUMF share for the Work. No such increased funding shall be expended to pay for any Work already completed. For purposes of this Agreement, the Work or any portion thereof shall be deemed complete upon its acceptance by RCTC's Executive Director. 3.2.4 No Funding for Temporary Improvements. Only segments or components of the Work that are intended to form part of or be integrated into the Work may be funded by TUMF Regional Funds. No improvement which is temporary in nature, including but not limited to temporary roads, curbs, or drainage facilities, shall be funded with TUMF Regional Funds except as needed for staged construction of the Work. 3.3 City's Funding Obligation to Complete the Work. In the event that the TUMF Regional Funds allocated to the Work represent less than the total cost of the Work, the City shall provide such additional funds as may be required to complete the Work as described in Exhibit "A". 3.3.1 City's Obligation to Repay TUMF Regional Funds to RCTC. In the event that: (i) the City, for any reason, determines not to proceed with or complete the Work; or (ii) the Work is not timely completed, subject to any extension of time granted by RCTC pursuant to Section 3.15; the City agrees that any TUMF Regional Funds that were distributed to the City for the Work shall be repaid in full to RCTC. The Parties shall enter into good faith negotiations to establish a reasonable repayment schedule and repayment mechanism which may include, but is not limited to, withholding of Measure A Local Streets and Roads revenues. The City acknowledges and agrees that RCTC shall have the right to withhold any Measure A Local Streets and Roads revenues due the City, in an amount not to exceed the total of the funds distributed to the City, and/or initiate legal action to compel repayment, if the City fails to repay RCTC within a reasonable time period not to exceed 180 days from receipt of written notification from RCTC that repayment is required. (Note: For Phase 1 — PA&ED agreements, delete this Repayment Section.) 3 V_USERSTREPRINI\MW\TUMF\2005 MODEL AGREEMENTITUMF Model Agreement 01-06-05 20 3.3.2 City's Local Match Contribution. The City shall provide at least dollars ($ ) of funding toward the Work, as shown in Exhibit "A" and as called out in the City's Project Nomination Form submitted to RCTC in response to its Call for Projects. (Note: Include this Section only if the City identified Local Match funds in its Project Nomination Form.) 3.4 Work Responsibilities of the City. The City shall be responsible for the following aspects of the Work, in compliance with state and federal law provided that such items are included in the Project scope of work attached as Exhibit "A": (i) development and approval of plans, specifications and engineer's estimate (PS&E), environmental clearance, right of way acquisition, and obtaining all permits required by impacted agencies prior to commencement of the Work ; (ii) all aspects of bidding, awarding, and administration of the contracts for the Work; (iii) all construction management of any construction activities undertaken in connection with the Work, including survey and material testing; and (iv) development of a budget for the Work prior to award of any contract for the Work, taking into consideration available funding, including TUMF Regional Funds. 3.5 Teini/Notice of Completion. The term of this Agreement shall be from the date first herein above written until: (i) the date RCTC formally accepts the Work as complete, pursuant to Section 3.2.3; (ii) termination of this Agreement pursuant to Section 3.9; or (iii) the City has fully satisfied its obligations under this Agreement, (Note: If this Agreement is for Phase I work do not include the following text) "including full repayment of TUMF Regional Funds to RCTC as provided herein". All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement. 3.6 Representatives of the Parties. RCTC's Executive Director, or his or her designee, shall serve as RCTC's representative and shall have the authority to act on behalf of RCTC for all purposes under this Agreement. The City hereby designates [insert name and title], or his or her designee, as the City's representative to RCTC. The City's representative shall have the authority to act on behalf of the City for all purposes under this Agreement and shall coordinate all activities of the Work under the City's responsibility. The City shall work closely and cooperate fully with RCTC's representative and any other agencies which may have jurisdiction over or an interest in the Work. 3.7 Expenditure of Funds by City Prior to Execution of Agreement. Nothing in this Agreement shall be construed to prevent or preclude the City from expending funds on the Work prior to the execution of the Agreement, or from being reimbursed by RCTC for such expenditures. However, the City understands and acknowledges that any expenditure of funds on the Work prior to the execution of the Agreement is made at the City's sole risk, and that some expenditures by the City may not be eligible for reimbursement under this Agreement. 3.8 Review of Services. The City shall allow RCTC's Representative to inspect or review the progress of the Work at any reasonable time in order to determine whether the terms of this Agreement are being met. 4 V:USERS\PREPRINI\MW\TUMF\2005 MODEL AGREEMENIATUMF Model Agreement 01-06-05 • 21 3.9 Termination. 3.9.1 Notice. Either RCTC or City may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other Party, by giving written notice to the other party of such termination and specifying the effective date thereof. The written notice shall provide a 30 day period to cure any alleged breach. During the 30 day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured. 3.9.2 Effect of Termination. In the event that the City terminates this Agreement, the City shall, within 180 days, repay to RCTC in full all TUMF Regional Funds provided to the City under this Agreement. In the event that RCTC terminates this Agreement, RCTC shall, within 90 days, distribute to the City TUMF Regional Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the City regarding the Work at the time of the notice of termination; provided, however, that RCTC shall be entitled to exercise its rights under Section 3.14.2, including but not limited to conducting a review of the invoices and requesting additional information. This Agreement shall terminate upon receipt by the non -terminating Party of the amounts due it under this Section 3.9.2. 3.9.3 Cumulative Remedies. The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement. 3.10 Prevailing Wages. The City and any other person or entity hired to perform services on the Work are alerted to the requirements of California Labor Code Sections 1770 et seq., which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The City shall ensure compliance with these prevailing wage requirements by any person orentity hired to perform the Work. The City shall defend, indemnify, and hold harmless RCTC, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys, fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et seq. 3.11 Progress Reports. RCTC may request the City to provide RCTC with progress reports concerning the status of the Work. 3.12 Indemnification. 3.12.1 City Responsibilities. In addition to the indemnification required under Section 3.10, the City agrees to indemnify and hold harmless RCTC, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of the City or its subcontractors. The City will reimburse RCTC for any expenditures, including reasonable attorneys' fees, incurred by RCTC, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of the City. 5 V:USERS\PREPRINT\MW \ UMF\2005 MODEL AGREEMENT\TUMF Model Agreement 01-06-05 22 3A2.2 RCTC Responsibilities. RCTC agrees to indemnify and hold harmless the City, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of RCTC or its sub -consultants. RCTC will reimburse the City for any expenditures, including reasonable attorneys' fees, incurred by the City, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of RCTC. 3.12.3 Effect of Acceptance. The City shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Work. RCTC's review, acceptance or funding of any services performed by the City or any other person or entity under this agreement shall not be construed to operate as a waiver of any rights RCTC may hold under this Agreement or of any cause of action arising out of this Agreement. Further, the City shall be and remain liable to RCTC, in accordance with applicable law, for all damages to RCTC caused by the City's negligent performance of this Agreement or supervision of any services provided to complete the Work. 3.13 Insurance. The City shall require, at a minimum, all persons or entities hired to perform the Work to obtain, and require their subcontractors to obtain, insurance of the types and in the amounts described below and satisfactory to the City and RCTC. Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Work, whichever occurs last. 3.13.1 Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Work or be no less than two times the occurrence limit. Such insurance shall: 3.13.1.1 Name RCTC and City, and their respective officials, officers, employees, agents, and consultants as insured with respect to performance of the services on the Work and shall contain no special limitations on the scope of coverage or the protection afforded to these insured; 3.13.1.2 Be primary with respect to any insurance or self insurance programs covering RCTC and City, and/or their respective officials, officers, employees, agents, and consultants; and 3.13.1.3 Contain standard separation of insured provisions. 3.13.2 Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. 6 V:USERS\PREPR1NTTMW\TUMR2005 MODEL AGREEMENT\TUMF Model Agreement 01-06-05 23 • • • 3.13.3 Professional Liability Insurance. Errors and omissions liability insurance with a limit of not less than $1,000,000.00 Professional liability insurance shall only be required of design or engineering professionals. 3.13.4 Workers' Compensation Insurance. Workers' compensation insurance with statutory limits and employers' liability insurance with limits of not less than $1,000,000.00 each accident. 3.14 Procedures for Distribution of TUMF Regional Funds to City. 3.14.1 Initial Payment by the City. The City shall be responsible for initial payment of all the Work costs as they are incurred. Following payment of such Work costs, the City shall submit invoices to RCTC requesting reimbursement of eligible Work costs. Each invoice shall be accompanied by detailed contractor invoices, or other demands for payment addressed to the City, and documents evidencing the City's payment of the invoices or demands for payment. The City shall submit invoices not more often than monthly and not less often than quarterly. 3.14.2 Review and Reimbursement by RCTC. Upon receipt of an invoice from the City, RCTC may request additional documentation or explanation of the Work costs for which reimbursement is sought. Undisputed amounts shall be paid by RCTC to the City within thirty (30) days. In the event that RCTC disputes the eligibility of the City for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute. If the meet and confer process is unsuccessful in resolving the dispute, the City may appeal RCTC's decision as to the eligibility of one or more invoices to RCTC's Executive Director. The City may appeal the decision of the Executive Director to the full RCTC Board, the decision of which shall be final. Additional details concerning the procedure for the City's submittal of invoices to RCTC and RCTC's consideration and payment of submitted invoices are set forth in Exhibit "C", attached hereto. 3.14.3 Funding Amount/Adjustment. If a post Work audit or review indicates that RCTC has provided reimbursement to the City in an amount in excess of the maximum eligible TUMF share of the Work, as determined by the TUMF Nexus Study, or has provided reimbursement of ineligible Work costs, the City shall reimburse RCTC for the excess or ineligible payments within 30 days of notification by RCTC. 3.15 Work Amendments. Changes to the characteristics of the Work, including the deadline for Work completion, and any responsibilities of the City or RCTC may be requested in writing by the City and are subject to the approval of RCTC's Representative, which approval will not be unreasonably withheld, provided that extensions of time for completion of the Work shall be approved in the sole discretion of RCTC's Representative. Nothing in this Agreement shall be construed to require or allow completion of the Work without full compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; "CEQA") and the National Environmental Policy Act of 1969 (42 USC 4231 et seq.), but the necessity of compliance with CEQA and NEPA shall not justify, excuse, or permit a delay in completion of the Work. 7 V:USERS\PREPRINIIMW\TUMF\2005 MODEL AGREEMENT\TUMF Model Agreement 01-06-05 24 3.16 Conflict of Interest. For the term of this Agreement, no member, officer or employee of the City or RCTC, during the term of his or her service with the City or RCTC, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.17 Limited Scope of Duties. RCTC's and the City's duties and obligations under this Agreement are limited to those described herein_ RCTC has no obligation with respect to the safety of any Work performed at a job site. In addition, RCTC shall not be liable for any action of City or its contractors relating to the condemnation of property undertaken by City or construction related to the Work. 3.18 Books and Records. Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Work under this Agreement. They shall make available for examination by the other party, its authorized agents, officers or employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this disbursements charged to the other party pursuant to this Agreement. Further, each party shall furnish to the other party, its agents or employees such other evidence or information as they may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the Parties for at least three (3) years following termination of this Agreement, and they shall have access to such information during the three-year period for the purposes of examination or audit. 3.19 Equal Opportunity Employment. The Parties represent that they are equal opportunity employers and they shall not discriminate against any employee or applicant of reemployment 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. 3.20 Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. 3.21 Attorneys' Fees. If either party commences an action against the other party 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 attorneys' fees and costs of suit. 3.22 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.23 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. 8 V:USERS\PREPRIN T\MW\7UMF12005 MODEL AGREEMEN'INTUMF Model Agreement 01-06-05 25 • 3.24 Notification. All notices hereunder and communications regarding interpretation of the terms of the Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: (Name of local jurisdiction) (address) ATTN: RCTC Riverside County Transportation Commission 4080 Lemon, 3rd Floor Riverside, CA 92501 ATTN: Executive Director Any notice so given shall be considered served on the other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, 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. 3.25 Conflicting Provisions. In the event that provisions of any attached appendices or 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. 3.26 Contract Amendment. In the event that the Parties determine that the provisions of this Agreement should be altered, the Parties may execute a contract amendment to add any provision to this Agreement, or delete or amend any provision of this Agreement. All such contract amendments must be in the form of a written instrument signed by the original signatories to this Agreement, or their successors or designees. 3.27 Entire Agreement. This Agreement constitutes the entire agreement between the Parties relating to the subject matter hereof and supersedes any previous agreements or understandings. 3.28 Validity of Agreement. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 3.29 Independent Contractors. Any person or entities retained by the City or any contractor shall be retained on an independent contractor basis and shall not be employees of RCTC. Any personnel performing services on the Work shall at all times be under the exclusive direction and control of the City or contractor, whichever is applicable. The City or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the Work and as required by law. The City or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers' compensation insurance. 9 V:USERSWREPR1NT MW\TUMF\2005 MODEL AGREEMENT\TUMF Model Agreement 01-06-05 26 RIVERSIDE COUNTY (Name of local jurisdiction) TRANSPORTATION COMMISSION By: By: (Name, Title) (Name, Title) APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: Best, Best & Krieger Counsel to the Riverside County Transportation Commission (Name, Title) 10 V:USERS\FREPRINTVv1W\TIJMF\2005 MODEL AGREEMENDTUMF Model Agreement 01-06-05 • 27 • • EXHIBIT "A" WORK DESCRIPTION, SCOPE OF WORK, TIMETABLE AND CITY FUNDING 11 V:USERSTREPRINI\MI\TUMF\2005 MODEL AGREEMEN7\7UMF Model Agtecinent 01-06-05 EXHIBIT "B" PROJECT DESCRIPTION AND MILESTONES 12 V:USERSWREPRINT\M W\TUMF\2005 MODEL AGREEMEN IATUMF Model Agreement 01-06-05 • • 29 EXHIBIT "C" PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES 1 RCTC recommends that the City incorporate Exhibit "C-1" into its contracts with any subcontractors to establish a standard method for preparation of invoices by contractors to the City and ultimately to RCTC for reimbursement of City contractor costs. 2. Each month the City shall submit an invoice for eligible Work costs incurred during the preceding month. The original invoice shall be submitted to RCTC's Executive Director with a copy to RCTC's Project Coordinator. Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit "C-2". 3. Each invoice shall include documentation from each contractor used by the City for the Work, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsheets showing the hours or amounts expended by each contractor or consultant for the month and for the entire Work to date. Samples of acceptable task level documentation and progress reports are attached as Exhibits "C-4" and "C-5". All documentation from the City's contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit "C-3". 4. If the City is seeking reimbursement for direct expenses incurred by City staff for eligible Work costs, the City shall detail the same level of information for its labor and any expenses in the same level of detail as required of contractors pursuant to Exhibit "C" and its attachments. 5. Charges for each task and milestone listed in Exhibit "A" shall be listed separately in the invoice. 6. Each invoice shall include a certification signed by the City Representative or his or her designee which reads as follows: "I hereby certify that the hours and salary rates submitted for reimbursement in this invoice are the actual hours and rates worked and paid to the consultants or contractors listed. Signed Title Date Invoice No. 13 V:USERS\PREPRINT\MW \TUMF\2005 MODEL AGREEMENT\TUMF Model Agreement 01-06-05 30 7. RCTC will pay the City within 30 days after receipt by the Commission of an invoice. If RCTC disputes any portion of an invoice, payment for that portion will be withheld, without interest, pending resolution of the dispute, but the uncontested balance will be paid. 8. The final payment under this Agreement will be made only after: (i) the City has obtained a Release and Certificate of Final Payment from each contractor or consultant used on theWork; (ii) the City has executed a Release and Certificate of Final Payment; and (iii) the City has provided copies of each such Release to RCTC. 14 V:USERS\PREPRINT MW\7UMF\2005 MODEL AGREEMENT\TUMF Model Agreement 01-06-05 31 • • • EXHIBIT C-1 Elements of Compensation For the satisfactory performance and completion of the Services under this Agreement, the Commission will pay the Consultant compensation as set forth herein. The total compensation for this service shall not exceed ( INSERT WRITTEN DOLLAR AMOUNT ) ($ INSERT NUMERICAL DOLLAR AMOUNT ) without written approval of the Commission's Executive Director ("Total Compensation"). 1. ELEMENTS OF COMPENSATION. Compensation for the Services will be comprised of the following elements: 1.1 Direct Labor Costs; 1.2 Fixed Fee; 'and 1.3 Additional Direct Costs. 1.1 DIRECT LABOR COSTS. Direct Labor costs shall be paid in an amount equal to the product of the Direct Salary Costs and the Multiplier which are defined as follows: 1.1.1 DIRECT SALARY COSTS Direct Salary Costs are the base salaries and wages actually paid to the Consultant's personnel directly engaged in performance of the Services under the Agreement. (The range of hourly rates paid to the Consultant's personnel appears in Section 2 below.) 1.1.2 MULTIPLIER The Multiplier to be applied to the Direct Salary Costs to determine the Direct Labor Costs is , and is the sum of the following components: 1.1.2.1 Direct Salary Costs 1.1.2.2 Payroll Additives The Decimal Ratio of Payroll Additives to Direct Salary Costs. Payroll Additives include all employee benefits, allowances for vacation, sick leave, and holidays, and company portion of employee insurance and social and retirement benefits, all federal and state payroll taxes, premiums for insurance which are measured by payroll costs, and other contributions and benefits imposed by applicable laws and regulations. 1.1.2.3 Overhead Costs 32 The Decimal Rratio of Allowable Overhead Costs to the Consultant Firm's Total Direct Salary Costs. Allowable Overhead Costs include general, administrative and overhead costs of maintaining and operating established offices, and consistent with established firm policies, and as defined in the Federal Acquisitions Regulations, Part 31.2. Total Multiplier (sum of 1.1.2.1, 1.1.2.2, and 1.1.2.3) 1.2 FIXED FEE. 1.2.1 The fixed fee is $ 1.2.2 A pro -rata share of the Fixed Fee shall be applied to the total Direct Labor Costs expended for services each month, and shall be included on each monthly invoice. 1.3 ADDITIONAL DIRECT COSTS. Additional Direct Costs directly identifiable to the performance of the services of this Agreement shall be reimbursed at the rates below, or at actual invoiced cost. Rates for identified Additional Direct Costs are as follows: ITEM REIMBURSEMENT RATE [ insert charges 1 Per Diem $ /day Car mileage $ /mile Travel $ /trip Computer Charges $ /hour Photocopies $ /copy Blueline $ /sheet LD Telephone $ /call Fax $ /sheet Photographs $ /sheet Travel by air and travel in excess of 100 miles from the Consultant's office nearest to the Commission's office must have the Commission's prior written approval to be reimbursed under this Agreement. • �3 • • 2. DIRECT SALARY RATES Direct Salary Rates, which are the range of hourly rates to be used in determining Direct Salary Costs in Section 1.1.1 above, are given below and are subject to the following: 2.1 Direct Salary Rates shall be applicable to both straight time and overtime work, unless payment of a premium for overtime work is required by law, regulation or craft agreement, or is otherwise specified in this Agreement. In such event, the premium portion of Direct Salary Costs will not be subject to the Multiplier defined in Paragraph 1.1.2 above. 2.2 Direct Salary Rates shown herein are in effect for one year following the effective date of the Agreement. Thereafter, they may be adjusted annually to reflect the Consultant's adjustments to individual compensation. The Consultant shall notify the Commission in writing prior to a change in the range of rates included herein, and prior to each subsequent change. POSITION OR CLASSIFICATION RANGE OF HOURLY RATES [ sample_] Principal $ .00 - $ .00/hour Project Manager $ .00 - $ .00/hour Sr. Engineer/Planner $ .00 - $ .00/hour Project Engineer/Planner $ .00 - $ .00/hour Assoc. Engineer/Planner $ .00 - $ .00/hour Technician $ .00 - $ .00/hour Drafter/CADD Operator $ .00 - $ .00/hour Word Processor $ .00 - $ .00/hour 2.3 The above rates are for the Consultant only. All rates for subconsultants to the Consultant will be in accordance with the Consultant's cost proposal. 3. INVOICING. • 3.1 Each month the Consultant shall submit an invoice for Services performed during the preceding month. The original invoice shall be submitted to the Commission's Executive Director with two (2) copies to the Commission's Project Coordinator. 3.2 Charges shall be billed in accordance with the terms and rates included herein, unless otherwise agreed in writing by the Commission's Representative. 3.3 Base Work and Extra Work shall be charged separately, and the charges for each task and Milestone listed in the Scope of Services, shall be listed separately. The 3 34 charges for each individual assigned by the Consultant under this Agreement shall be listed separately on an attachment to the invoice. 3.4 A charge of $500 or more for any one item of Additional Direct Costs shall be accompanied by substantiating documentation satisfactory to the Commission such as invoices, telephone logs, etc. 3.5 Each copy of each invoice shall be accompanied by a Monthly Progress Report and spreadsheets showing hours expended by task for each month and total project to date. 3.6 Each invoice shall indicate payments to DBE subconsultants or supplies by dollar amount and as a percentage of the total invoice. 3.7 Each invoice shall include a certification signed by the Consultant's Representative or an officer of the firm which reads as follows: I hereby certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed. Signed Title Date Invoice No. 4. PAYMENT 4.1 The Commission shall pay the Consultant within four to six weeks after receipt by the Commission of an original invoice. Should the Commission contest any portion of an invoice, that portion shall be held for resolution, without interest, but the uncontested balance shall be paid. 4.2 The final payment for Services under this Agreement will be made only after the Consultant has executed a Release and Certificate of Final Payment. • 35 • • • EXHIBIT C-2 Sample Cover Letter to RCTC Date Mr. Eric Haley Executive Director Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, CA 92501 ATTN: Accounts Payable Re: Project Title - Invoice # Enclosed for your review and payment approval is the City's invoice for professional and technical services that was rendered by our consultants in connection with the TUMF Regional Arterial Improvements per Agreement No. effective (Month/Day/Year) . The required support documentation received from each consultant is included as backup to the invoice. Invoice period covered is from Month/Date/Year to Month/Date/Year . Total Authorized Agreement Amount: Total Invoiced to Date: Total Previously Invoiced: Balance Remaining: $0,000,000.00 $0,000,000.00 $0,000,000.00 $0,000,000.00 Amount due this Invoice: $0,000,000.00 I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the consultants listed. By: - cc: Name Title EXHIBIT C-3 Sample Letter from Contractor to City/County Month/Date/Year Mr. Eric Haley Executive Director Riverside County Transportation Commission P.O. Box 12008 Riverside, CA 92502-2208 Attn: Accounts Payable Invoice # For professional and technical services rendered by the County of Riverside Bldg Services in connection with Right of Way support, Acquisition, Appraisals and title search for projects on specific State Routes as indicated on the attached. This is per agreement No. XX-XX-XXX effective Month/Date/Year . Invoice period covered is from Month/Date/Year to Total Base Contract Amount: Authorized Extra Work (if Applicable) TOTAL AUTHORIZED CONTRACT AMOUNT: Total Invoice to Date: Total Previously Billed: Balance Remaining: Amount Due this Invoice: Month/Date/Year $000,000.00 $000,000.00 $000,000.00 $000,000.00 $000,000.00 $000,000.00 $000,000.00 I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed, By: Name Title 37 • • • EXHIBIT C-4 Sample A - Task Summary and Detail Schedule SCHEDULE TO SUPPORT INVOICE NO. , DATED (Month/Day/Year) Project Name: Period Ending: (Month/Day/Year) LABOR NAME POSITION RATE HOURS AMOUNT TOTAL Doe, John Project Mgr 30.00 80 $2,400.00 Smith, John Project Engr 25.00 40 $1,000.00 EXPENSE Travel 4/13/90 Travel 4/15/90 Wordprocessing Communications Communications SUB -CONSULTANTS Sub -Total Labor Overhead @ 1.XXX Fee @ x% (DL and OH) PAYEE J. Doe J. Smith In-house (Jan -Mar) Fed Ex 2/28/90 GTE 4/13/90 AMOUNT 22.90 22.90 XXX.XX XXX.XX XXX.XX Sub -Total Expenses $XXX.XX (With detailed breakdown on following page in same format as above.) Sub -Consultant Labor Sub -Consultant Overhead @ x % Sub -Consultant Fee @ x % Sub -Consultant Expenses Sub -Total of Sub -consultant Costs Processing Fee @ x % AMOUNT XXX.XX XXX.XX XXX.XX XXX.XX $XXX.XX $XXX.XX TOTAL TASK COSTS: $)0000( 38 SCHEDULE TO SUPPORT INVOICE NO. EXHIBIT C-4 Sample B 1 - Task Summary Schedule , DAI'ED (Month/Day/Year) Project Name: Period Ending: (Month/Day/Year) • TASK SUMMARY Current Period Cumulative Original Contract Balance (+1-) Rate Hours Dollars Hours Dollars 1 LABOR NAME POSITION Project Engineer Project Engineer Engineer CADD Project Engineer Engineer SUBTOTAL LABOR $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 0 0 0 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 0 0 0 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2 OVERHEAD (1.50) 3 FIXED FEE ACTUAL % COMPLETE THIS PERIOD: 1.20% PREVIOUS TO DATE: 89.60% SEGMENT TO DATE: 90.80% II 4 EXPENSES Mileage/B luelines/Deliveries Traff Counts Expenses Subtotal TOTAL 5SUBCONSULTANTS Subconsultants Total TOTAL TASK COSTS i Attach individual Task Schedules - See Exhibit C-4, B2 39 • EXHIBIT C-4 Sample B 2 - Task Detail Schedule SCHEDULE TO SUPPORT INVOICE NO. , DATED (Month/Day/Year) Project Name: Task No.: Task Description: Period Ending: (Month/Day/Year) TASK NO. - DESCRIPTION Current Period Cumulative Original Balance Rate Hours Dollars Hours Dollars Contract (+1-) 1 LABOR NAME POSITION Project Engineer Project Engineer Engineer CADD Project Engineer Engineer SUBTOTAL LABOR $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 0 0 0 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 0 0 0 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 OVERHEAD (1.50) Is . 3 FIXED FEE ACTUAL % COMPLETE THIS PERIOD: 4.00% PREVIOUS TO DATE: 67.00% SEGMENT TO DATE: 71.00% 4 EXPENSES M i l eag eB l u el i nes/De l iv eries Traff Counts Expenses Subtotal TOTAL 5SUBCONSULTANTS Subconsultants Total TOTAL COST THIS TASK 40 EXHIBIT C-5 Sample Progress Report REPORTING PERIOD: Month/Date/Year to Month/Date/Year PROGRESS REPORT: #1 A. Activities and Work Completed during Current Work Periods TASK 01-100% PS&E SUBMITTAL 1. Responded to Segment 1 comments from Department of Transportation 2. Completed and submitted Segment 1 final PS&E B. Current/Potential Problems Encountered & Corrective Action Problems None C. Work Planned Next Period Corrective Action None TASK 01-100% PS&E SUBMITTAL 1. Completing and to submit Traffic Signal and Electrical Design plans 2. Responding to review comments • • 41 • AGENDA ITEM 9 • • • • • RIVERSIDE COUNTY TRANSPORTA TION COMMISSION DATE: January 24, 2005 TO: Budget and Implementation Committee FROM: Michele Cisneros, Accounting Manager Theresia Trevino, Chief Financial Officer THROUGH: Eric Haley, Executive Director SUBJECT: Mid -Year Budget Adjustments STAFF RECOMMENDATION: This item is for the Committee to: 1) Approve a $589,300 increase in Measure "A" Coachella Valley Specialized Transit appropriations for transit operations; 2) Approve a $3,993,216 increase in Transportation Uniform Mitigation Fee (TUMF) appropriations for right of way acquisition; 3) Approve an $85,500 increase in administration appropriations for furniture, office equipment, and leasehold improvements; 4) Approve a $20,000 increase in administration appropriations for additional liability insurance; and 5) Forward to the Commission for final action. BACKGROUND INFORMATION: Staff performed a review of expenditures for the six months ended December 31, 2004 and an estimate of expenditures for the remaining six months of the fiscal year ending June 30, 2005. As a result of the review, the following mid -year budget adjustments are proposed. Adjustment 1 During the development and approval of the FY 2004/05 budget, the Short Range Transit Plan (SRTP) for Sunline Transit Agency was in the draft stages. At that time, it was estimated that $2,713,000 in Measure "A" funds was available for the Coachella Valley Specialized Transit Program. However, the approved SRTP identified a funding commitment of $3,302,300. Accordingly, staff is requesting a budget adjustment to increase the Coachella Valley Specialized Transit Operating budget by $589,300. Sufficient Measure "A" 42 Coachella Valley —Specialized Transit fund balance is available to accommodate this budget adjustment. Adjustment 2 On September 8, 2004 the Commission approved the purchase of the QBH property for the Mid -County Parkway Project (Project). The purchase price of this property was $2,006,906. Additionally, on October 13, 2004, the Commission approved the purchase of five parcels for the Project. The five parcels were purchased from the County of Riverside (County) for $986,310. During the development of the 2004/2005 budget, staff was not aware of the specific property needs for the Project. Staff anticipates additional costs for right of way acquisition relating to the Project. The estimated cost for additional right of way is $1,000,000. Staff is requesting a budget adjustment to increase the TUMF right of way acquisition budget by $3,993,216 for actual and estimated right of way acquisitions. Sufficient TUMF fund balance is available to accommodate this budget adjustment. Adjustment 3 On January 12, 2005 the Executive Committee approved the recruitment of three new positions: a Deputy Executive Director of Programming and Administration and two Staff Analysts. In order to accommodate the three new staff positions, the Commission must add and/or redesign office systems and construct additional office space. Additionally, an additional computer server is required to accommodate the increased staff and software programs, as the capacity of existing servers is substantially utilized. Staff estimates the cost for the work stations and server at $47,000. The cost to construct additional office space has been quoted by the County at $38,500. Adequate General Fund fund balance exists to accommodate this budget adjustment of $85,500. Adjustment 4 The Commission recently purchased property for the Project (Adjustment 2) and anticipates additional right of way for the Project in the near future. As a result, staff will be working with consultants to perform various studies on the property. Additionally, staff will be working with consultants to perform studies at the Perris multimodal facility. Additional liability insurance will be required to cover any • 43 potential liability as a result of studies being performed by outside consultants on the various properties owned by the Commission. Staff is requesting a budget adjustment of $20,000 to cover the additional liability insurance costs. Adequate General Fund balance exists to accommodate this budget adjustment. Financial Information In Fiscal Year Budget: N Year: FY2004/05 Amount: $4,688,016 Source of Funds: Measure "A" Coachella Valley $589,300 TUMF $3,993,216 Measure "A"/LTF Administration $85,500 Measure "A"/LTF Administration $20,000 Budget Adjustment: Y GLA No.: 252-26-86101 210-72-81401 P2302 210-73-81401 P2302 S-12-73130 S-12-90101 S-12-90301 S-12-90501 S-12-73401 $589,300 Measure "A" CV Specialized Transit $1,971,608 TUMF Regional Arterial $2,021,608 TUMF CETAP $2,000 Measure "A"/LTF Administration $5,000 Measure "A"/LTF Administration $40,000 Measure "A"/LTF Administration $38,500 Measure "A"/LTF Administration $20,000 Measure "A"/LTF Administration Fiscal Procedures Approved: \)4feil_ziie.\tii,uzin Date: 1/24/05 44 • AGENDA ITEM 10 • • • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: January 24, 2005 TO: Budget and Implementation Committee FROM: Theresia Trevino, Chief Financial Officer THROUGH: Eric Haley, Executive Director SUBJECT: Mid -Year Revenue Projections STAFF RECOMMENDATION: This item is for the Committee to: 1) Approve the Mid -Year Revenue Projections; 2) Approve the budget adjustments to reflect the revised Measure "A" revenues of $10,400,000 and expenditures of $5,141,000; 3) Approve the budget adjustments to reflect the revised Local Transportation Fund (LTF) Planning revenues of $210,480 and expenditures of $210,480; and 4) Forward to the Commission for final action. BACKGROUND INFORMATION: Prior to the beginning of the fiscal year, staff made projections regarding the revenue received from Measure "A" and LTF funds for budget and apportionment purposes, respectively. Staff has tracked these revenues on a monthly basis. Current trends indicate that Measure "A" and LTF receipts are about 14.6% and 12.7% higher, respectively, for the six months ended December 31, 2004 compared to the same period last year. For FY 2003/2004, Measure "A" and LTF receipts were about 14.4% and 13.8% higher, respectively, than the prior year. The Inland Empire's local economy and in particular, Riverside County has continued to perform better than the rest of the State of California. The local economy's strength appears to be attributable to continued growth in population, taxable retail sales and home sales. The local economists are cautious and continue to project moderate growth in Riverside County. Based on the economic data and an emphasis on the trends of sales tax receipts for the last six months and FY 2003/2004, staff is recommending that the Commission increase the current year revenue projections as follows: 45 FY Revised for Revised for II 2004/2005 Original FY 2004/05 Mid -Year Increase from Revenue (January 2004) Budget Adjustment Budget Projections Measure "A" $109,078,000 $115,000,000 $125,400,000 $10,400,000 LTF 53,744,000 53,744,000 60,760,000 7,016,000 For reference purposes, audited Measure "A" and LTF revenues for FY 2003/2004 were $120,564,890 and $58,421,527, respectively. The FY 2004/2005 mid -year projections reflect a 4% increase over the FY 2003/2004 actual revenues. The increase in Measure "A" revenues has a direct effect on the distributions to the geographic areas and related programs, especially local streets and roads (LSR). Accordingly, in addition to the revenue budget adjustments, budget adjustments are required for the local streets and roads aggregating $4,087,000 as well as regional arterial expenditures of $1,054,000 related to Measure "A." The LTF audit was completed and financial statements were issued in November 2004. Staff has revised the original projections to include the carryover that is now available to the local governments and transit agencies. The revised projections include a budget adjustment to RCTC Planning, for $210,480, which is entitled to 3% of revenues. The increase for SB821 bicycle and pedestrian projects, for $245,917, which is entitled to 2% of the available balance, does not require a budget adjustment as such expenditures are made from the Local Transportation Fund, which is an unbudgeted fund of the Commission. Upon Commission approval of this item, staff will provide this updated information to the necessary local governments and transit agencies. Financial Information In Fiscal Year Budget: N Year: FY2004/05 Amount: $210,480 sales tax $210,480 planning Source of Funds: Local Transportation Fund Budget Ad ustment: Y GLA No.: 106-65-40101 $210,480 106-65-86205 $210,480 LTF Planning sales tax revenues LTF Planning expenditures Fiscal Procedures Approved: lle,v- Date: 1/24/05 • • 46 • Financial Information In Fiscal Year Budget: N Year: FY 2004/05 Amount: $10,400,000 sales tax $5,141,000 LSR & regional arterials Source of Funds: Measure "A" Budget Adjustment: Y Revenues: 227-71-40100 $3,067,000 Western County LSR sales tax 221-33-40100 1,265,000 Western County Rail sales tax 222-31-40100 2,952,000 Western County Highway sales tax 225-26-40100 192,000 Western County Special Transit sales tax 226-41-40100 192,000 Western County Commuter Assistance sales tax 254-71-40100 921,000 252-26-40100 263,000 Coachella Valley LSR sales tax 253-31-40100 395,000 Coachella Valley Special Transit sales tax GLA No.: 255-72-40100 233-71-40100 1,054,000 99,000 Coachella Valley Highway sales tax Coachella Valley Regional Arterial sales tax $10,400,00 Palo Verde Valley LSR sales tax 0 Appropriations: Western County LSR 227-71-86104 $3,067,000 Coachella Valley LSR 254-71-86104 921,000 Palo Verde Valley LSR 233-71-86104 255-72-86405 99,000 1,054,000 Coachella Valley Regional Arterials $5,141,000 Fiscal Procedures Approved: Ue Date: 1/24/05 Attachment: FY 2004/2005 Mid -Year Revenue Projections for Measure "A" and LTF 47 • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE "A" DISTRIBUTION REVISED PROJECTION (12/29/04) FY 2004/2005 FY 2004/2005 Revised Projections MEASURE "A" PROJECTION $125,400,000 LESS: ADMINISTRATION 3,000,000 TOTAL PROJECTION $122,400,000 Budget Original 9,078,000 .,000,000 5,000,000 3;000,0007 2,000.000', 106,078,000. Local Streets Commuter Special CITIES & Roads Highway Rail Assistance Transportation 40.00% 38.50% 16.50% 2.50% 2.50% WESTERN COUNTY PORTION $ 90,238,000 $ 36,095,000 $ 34,742,000 $ 14,889,000 $ 2,256,000 $ 2,256,000 BANNING $ 648,000 BEAUMONT 345,000 CALIMESA 172,000 CANYON LAKES 223,000 CORONA 4,294,000 HEMET 1,775,000 LAKE ELSINORE 977,000 MORENO VALLEY 3,684,000 MURRIETA 1,540,000 NORCO 824,000 PERRIS 1,042,000 RIVERSIDE 8,144,000 SAN JACINTO 588,000 TEMECULA 2,823,000 RIVERSIDE COUNTY 9,015,000 AREA TOTAL $ 36,094,000 $ 34,742,000 $ 14,889,000 $ 2,256,000 $ 2,256,000 Local Streets Regional Special Roads Highway Arterial Transportation 35% 15% 40% 10% EASTERN COUNTY PORTION $ 31,002,000 $ 10,851,000 $ 4,650,000 $ 12,401,000 $ 3,100,000 CATHEDRAL CITY $ 1,520,000 COACHELLA 386,000 DESERT HOT SPRINGS 289,000 INDIAN WELLS 198,000 I N DIO 1,242,000 LA QUINTA PALM SPRINGS 1,650,000 PALM DESERT 2,354,000 RANCHO MIRAGE 777,000 RIVERSIDE COUNT/ 1,492,000 CVAG 943,000 AREA TOTAL $ 10,851,000 $ 4,650,000 $12,401,000 $ 3,100,000 Local Streets Roads 100% PALO VERDE PORTION $ 1,160,000 $ 1,160,000 BLYTHE $ 929,000 RIVERSIDE COUNT) 231,000 AREA TOTAL $ 1,160,000 NOTES: Estimate for Planning Purposes, subject to change and rounding differences V:\USERS\PREPRINT\2005\02 February\Budget & Imp/\Trevino-Attachment.Measure A Rev 2 Proj FY05 1/19/20057:54 AM 48 RIVERSIDE COUNTY LOCAL TRANSPORTATION FUND FY 2004/2005 APPORTIONMENT Budget FY 2004/2005 Projection Estimated Carryover (Unapportioned) $5,490,333 Est. Receipts 60,760,000 TOTAL 66,250,333 Less: Auditor 12,000 Less: RCTC Administration 675,000 Less: RCTC Planning (3% of revenues) 1,822,800 Less: SCAG Planning 106,300 BALANCE 63,634,233 Less: SB 821 (2% of balance) 1,272,685 BALANCE AVAILABLE $62,361,548 Revised Budget Original Population FY 2004/2005 FY 2004/2005 Population % of Total Apportionment Apportionment Increase Western 1,322,192 77.52% $48,344,856 $39,003,324 $9,341,532 Coachella Valley 355,287 20.83% 12,990,775 10,480,606 2,510,169 Palo Verde Valley 28,058 1.65% 1,025,918 827,683 198,235 1,705,537 100.00% $62,361,548 $50,311,612 $12,049,936 NOTES: Estimate for Planning Purposes, subject to change and rounding differences Population Source: California Department of Finance, Demographic Research Unit as of January 1, 2003 V:\USERS\PREPRINT\2005\02 February\Budget & Imp/\Trevino-Attachment. LTF 2004-2005 Rev 2 Apportionments 1/19/20057:53 AM 49 • AGENDA ITEM 11 • RIVERSIDE COUNTY TRANSPORTA TION COMMISSION DATE: January 24, 2005 TO: Budget and Implementation Committee FROM: Theresia Trevino, Chief Financial Officer THROUGH: Eric Haley, Executive Director SUBJECT: Fiscal Year 2005/2006 Local Transportation Fund and Measure "A" Revenue Projections STAFF RECOMMENDATION: This item is for the Committee to: 1) Approve the projections of the Local Transportation Fund apportionment for the Western Riverside County, Coachella Valley, and Palo Verde Valley areas; 2) Approve the projections for Measure "A" and the related allocations; and 3) Forward to the Commission for final action. BACKGROUND INFORMATION: Local Transportation Fund (LTF) The LTF projection consists of revenues generated from a quarter cent of the statewide sales tax. These LTF funds are principally used to fund transit requirements within the County. The Transportation Development Act legislation that created LTF requires the County Auditor Controller to annually estimate the amount of revenues expected to be generated from the sales tax. That estimate then becomes the basis for geographic apportionment and for claimant allocation through the Short Range Transit Plan process, which commences in January for the next fiscal year. While the County is the taxing authority and maintains custodial responsibility over the LTF revenues, the Commission by statute is charged with administration of the LTF funding process. The practice has therefore been for the Commission staff to develop the revenue estimate and then submit it to the County Auditor Controller for concurrence. Once the Commission and the County have agreed on a revenue amount, staff prepares the statutorily required apportionment. Apportionment is the process that assigns revenues to the three major geographic areas (as defined by TDA law) within the County. They are Western Riverside, Coachella Valley, and Palo Verde Valley. The revenues are divided based on their respective populations. The apportionment occurs after off -the -top allocations for administration 50 (distributed to the County, Commission and SCAG) and set asides for planning activities (3%) and bicycle and pedestrian projects (2%). Attached is the FY 2005/2006 LTF apportionment based on a revenue estimate of $63,190,000. The County has reviewed the estimate and concurs with it. The estimate is based on a revised projection for FY 2004/2005 of $60,760,000 plus an increase of 4%. After the deductions for administration of $822,000 and set - asides of $3,105,146, the amount available for apportionment is $59,262,854. The balance available for apportionment is as follows: Apportionment Area Amount Western County Coachella Valley Palo Verde Valley Total $ 46,014,813 12,281,387 966,654 $ 59,262,854 In accordance with the Reserve Policy adopted by the Commission on January 12, 2005, a reserve of 10% for each apportionment area will be established and set aside for FY 2005/2006 for unforeseen cost increases or other emergency. For the Western County apportionment area, a portion of the reserve will be allocated to each of the transit operators. For public bus transit operators, the allocation of the reserve is based on each operator's proportionate share of FY 2003/2004 LTF operating allocations. Operators may access reserve funds by amending their Short Range Transit Plans through the established amendment process. Measure "A" The Measure "A" projection consists of revenues generated from the local half -cent sales tax approved by the voters in November 1988. These Measure "A" funds are principally used to fund highway, commuter rail, regional arterial, local streets and roads, commuter assistance and specialized transportation projects needs in the three geographic areas of Riverside County. The Measure "A" projection for FY 2005/2006 is $130,416,000. This projection will become the basis for the preparation of the FY 2005/2006 budget. The budget process for FY 2005/2006 typically commences in February of each year following the development of the Measure "A" revenue projections. Additionally, the amounts for the local streets and roads and regional arterial programs are usually provided to the local jurisdictions for planning purposes. Upon Commission approval of this item, staff will provide this information to the appropriate local jurisdictions. The attached Measure "A" estimate is based on a revised projection for FY 2004/2005 of $125,400,000 plus an increase of 4%. After the deduction for • • • 51 • • • administration of $3,090,000, the amount available for distribution to the three geographic areas is $127,326,000, which is allocated as follows: Geographic Area Amount Western County Coachella Valley Palo Verde Valley Total $ 94,797,000 31,529,000 1,000,000 $ 127,326,000 Attachments: Local Transportation Fund FY 2005/2006 Apportionment, Measure "A" Distribution Projection FY 2005/2006 52 RIVERSIDE COUNTY LOCAL TRANSPORTATION FUND FY 2005/2006 APPORTIONMENT Budget FY 2005/2006 Projection Estimated Carryover (Unapportioned) $0 Est. Receipts 63,190,000 TOTAL 63,190, 000 Less: Auditor 12,000 Less: RCTC Administration 700,000 Less: RCTC Planning (3% of revenues) 1,895,700 Less: SCAG Planning 110,000 BALANCE 60,472,300 Less: SB 821 (2% of balance) 1,209,446 BALANCE AVAILABLE BEFORE RESERVES 59,262,854 Less: 10% Transit Reserves 5,926,285 BALANCE AVAILABLE FOR APPORTIONMENT $53,336,569 APPORTIONMENT Budget Population FY 2005/2006 Rail Transit Population % of Total Apportionment 22% 78% Western 1,379,558 77.65% $41,413,332 $9,110,933 $32,302,399 Coachella Valley 368,205 20.72% 11,053,248 Palo Verde Valley 28,981 1.63% 869,989 1,776,744 100.00% $53,336,569 ALLOCATION OF TRANSIT RESERVES (in accordance with Reserve Policy adopted January 12, 2005) Western: Rail $1,012,326 Transit: RTA $3,078,263 Banning 87,974 Beaumont 94,608 Corona 128,556 Riverside 199,754 Subtotal Transit $3,589,155 3,589,155 Subtotal Western 4,601,481 Coachella Valley 1,228,139 Palo Verde Valley 96,665 Total Reserves $5,926,285 NOTES: Estimate for Planning Purposes, subject to change and rounding differences Population Source: California Department of Finance, Demographic Research Unit as of January 1, 2004 V:\USERS\PREPRINT\2005\02 February\Budget & Impl\Trevino-Attachment. LTF 2005-2006 Apportionments 1/19/20059:54 AM 53 MEASURE "A" PROJECTION LESS: ADMINISTRATION TOTAL PROJECTION CITIES WESTERN COUNTY PORTION BANNING BEAUMONT CALIMESA CANYON LAKES CORONA HEMET LAKE ELSINORE MORENO VALLEY MURRIETA NORCO PERRIS RIVERSIDE SAN JACINTO TEMECULA RIVERSIDE COUNTY AREA TOTAL EASTERN COUNTY PORTION CATHEDRAL CITY COACHELLA DESERT HOT SPRINGS INDIAN WELLS INDIO LA QUINTA PALM SPRINGS PALM DESERT RANCHO MIRAGE RIVERSIDE COUNTY CVAG AREA TOTAL PALO VERDE PORTION BLYTHE RIVERSIDE COUNTY AREA TOTAL RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE "A" DISTRIBUTION PROJECTION FY 2005/2006 FY 2005/2006 Original Projection $130,416,000 3,090,000 $127,326,000 Local Streets & Roads 40.00% $ 94,797,000 $ 37,918,000 $ 680,000 407,000 174,000 227,000 4,539,000 1,820,000 1,018,000 3,857,000 2,055,000 835,000 1,132,000 8,269,000 610,000 2,989,000 9,306,000 Highway 38.50% $ 36,497,000 Rail 16.50% $ 15,642,000 Commuter Special Assistance Transportation 2.50% 2.50% $ 2,370,000 $ 2,370,000 $ 37,918,000 $ 36,497,000 $ 15,642,000 $ 2,370,000 $ 2,370,000 Local Streets Roads 35% $ 31,529,000 $ 11,035,000 $ $ 1,527,000 404,000 313,000 203,000 1,284,000 1,603,000 2,357,000 835,000 1,512,000 997,000 Regional Highway Arterial 15% 40% 4,729,000 $ 12,612,000 11,035,000 $ 4,729,000 $12,612,000 Local Streets Roads 100% $ 1,000,000 $ 1,000,000 $ 798,000 202,000 $ 1,000,000 NOTES: Estimate for Planning Purposes, subject to change and rounding differences Special Transportation 10% $ 3,153,000 3,153,000 • V:\USERS\PREPRINT\2005\02 February\Budget & Imp/\Trevino-Attachment.Measure A Proj FY06 1/19/20059:55 AM 54 • AGENDA ITEM 12 • • • • • RIVERSIDE COUNTY TRANSPORTA TION COMMISSION DATE: January 24, 2005 TO: Budget and Implementation Committee FROM: Jerry Rivera, Program Manager THROUGH: Marilyn Williams, Director of Regional Programs and Public Affairs SUBJECT: Award of Digital Upgrade Contract to Comarco Wireless Technologies STAFF RECOMMENDATION: This item is for the Committee to: 1) Enter into an agreement between the Riverside County Transportation Commission and Comarco Wireless Technologies to upgrade the call box system to digital technology; 2) Authorize the Chairman, pursuant to Legal Counsel review, to execute Agreement No. 05-45-537 on behalf of the Commission, and 3) Forward to the Commission for final action. BACKGROUND INFORMATION: The Riverside County Transportation Commission, through its capacity as the Service Authority for Freeway Emergencies (SAFE), operates approximately 1,150 call boxes on freeways and highways in Riverside County. The call box system allows motorists to call for assistance in the event of an accident or mechanical problem. Each call box is a battery powered solar charged roadside terminal with a microprocessor and built-in cellular telephone. On December 13, 2000, the Commission entered into an agreement with Comarco Wireless Technologies (CWT) to upgrade 930 of the call boxes in the system as certain components were no longer manufactured or available. CWT replaced the radio transceivers, controller boards, solar regulators, all worn harnesses, removed any corrosion, replaced all bulbs, replaced all batteries, and painted all the housings and back plates. The upgrade expanded the useful life of the call box equipment for an additional ten years. At its February 11, 2004 meeting, the Commission approved the Riverside County SAFE Call Box Program Five -Year Strategic and Financial Plan (Plan). One of the recommendations included in the Plan was the conversion from analog to digital cellular service. As noted in the Plan, a recent Federal Communications Commission ruling will allow analog cellular service providers to phase out their analog network. Therefore, AT&T Wireless Services, our current cellular provider, 55 has been removing increasingly more analog cell sites from its system, which has caused individual call box locations to experience dropped calls or no connection, especially in more rural areas of the county. Other SAFEs throughout the state have also seen a degradation in call box cellular service and realize that it is inevitable that all call boxes will have to transition to another form of cellular service in the near future. The Commission authorized staff to join SAFE staff from San Bernardino and San Diego counties to release a tri-county Request for Proposal (RFP) for digital cellular service in an attempt to generate the best rates possible. The RFP was released on May 14, 2004, and proposals were due on June 28, 2004. Five proposals were received, and the three SAFE agencies interviewed all five vendors at the San Diego offices on July 7, 2004. At the conclusion of the interview process, each of the SAFEs was to proceed on their own and select the vendor of their choice. On October 13, 2004, the Commission entered into a five-year agreement with AT&T Wireless Service, Inc., for digital cellular service for the call box program. It provides 60 minutes of airtime at $6.35 per box per month (a savings of $1.15 per box per month). The next step in the process of converting from analog to digital service is to upgrade the call box equipment to digital technology. As mentioned previously, this recommendation was included in the Plan, and funds were included in the FY 04-05 Motorist Assistance Program budget. Commission staff is proposing to "piggy -back" on an RFP issued by the San Bernardino County SAFE on July 7, 2004, for similar work. San Bernardino received only two (2) proposals, and the RCTC call box program manager participated in the review and evaluation of the proposals along with call box program managers from San Bernardino, San Diego and Los Angeles counties. San Bernardino County awarded the digital upgrade contract to CWT, our current maintenance provider, at the unit cost of $1,520 per box. CWT is offering RCTC a unit cost of $1,184, including tax, for a total cost of $1,302,400 to upgrade approximately 1,100 call boxes. RCTC is receiving a $300 credit for each digital upgrade kit purchased because RCTC chose to upgrade its call box system to the latest analog technology in FY 2000-01. In addition, all of RCTC's call boxes already have the call connect light which flashes to notify the caller the call has been answered, so RCTC will not incur that extra cost. It is staff's intention to implement the recommendation to increase spacing between call boxes to a minimum of 1/2 mile and reduce the number of boxes by fifty (50) prior to upgrading to digital technology. The digital upgrade would be conducted over two fiscal years (FY 04-05 and FY 05-06), and there are sufficient funds in the current year budget to meet the FY 04-05 obligation. • • • 56 • • • Financial Information In Fiscal Year Budget: Y Year: 2004-05 Amount: $434,000 Source of Funds: SAFE DMV Fees Budget Adjustment: N GLA No.: 202-45-73301 Fiscal Procedures Approved: ' e/i,i,/,‘\3tu,v7 Date: 1/24/05 57 AGENDA ITEM 13 • • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: January 24, 2005 TO: Budget and Implementation Committee FROM: John Standiford, Director of Public Information THROUGH: Eric Haley, Executive Director SUBJECT: State and Federal Legislative Update STAFF RECOMMENDATION: This item is for the Committee to: 1) Receive and file the state and federal legislative update, and 2) Forward to the Commission for final action. BACKGROUND INFORMATION: On January 14, Commission Chair Robin Lowe had the opportunity to participate in a briefing with House Transportation and Infrastructure Chairman Don Young. The meeting took place in Newport Beach and included presentations from RCTC; the Orange County Transportation Authority; Los Angeles County Metro; Southern California Association of Governments; the cities of Ontario, Anaheim and Placentia and representatives from the private sector. The briefing provided the Congressman with the opportunity to share his views on transportation and the upcoming reauthorization of the Federal Transportation bill. Congressman Young indicated that he hopes to pass a bill out of the House by the end of March and intends to be Chairman of the Conference Committee that will reconcile the House and Senate versions of the bill. His optimistic viewpoint is that this can be accomplished by early June. During the briefing, there was an emphasis on the cooperative working relationship among transportation agencies throughout the Southern California region. Of special importance mentioned by many was the impact of goods movement on the area's transportation system. The need for grade separations in Riverside County was eloquently pointed out by RCTC Chair Lowe and was duly noted by Chairman Young and his Chief of Staff. The meeting proved to be an excellent opportunity to bolster communication channels with Congressman Young and can be built on in February and March when a number of Commissioners and staff visit Washington D.C.